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Home My WebLink About5 Guys Named Moe~ Au Bu N d~O,('C FIAN YOt/ IMA6I1419 ORIGIN't", y AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this ~k day of , 2008, by and ~ between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and 5 Guys Named Moe whose contact information is, Ron Lucas, Irving Street Rep, 50 Park PI., #1219, Newark, NJ, 07102, 973-643-6262; www.irvingstreetrep.com/276368.ihtml, herein referred to as "ARTIST." WHEREAS, the CITY desires to contract with the ARTIST to provide an artistic performance for the public in Auburn, Washington; and WHEREAS, the ARTIST has agreed to perform the work in compliance with the terms and conditions of this Agreement; NOW THEREFORE, the CITY and ARTIST in consideration of the conditions and covenants herein do agree as follows: 1. RETENTION OF ARTIST: The CITY does hereby retain the ARTIST to perform the work and services described herein. The parties agree that the ARTIST is an independent contractor and shall furnish all supervision, labor, and all other incidentals except as specifically provided herein and the ARTIST agrees to conduct and complete the performance in a competent and professional manner in accordance with the terms of this Agreement. 2. SCOPE OF WORK: The ARTIST agrees to provide the following specific services in its artistic performance: one (1) performance of 5 GUYS NAMED MOE, Saturday 03/21/2009 at 7:30p.m. 3. SITE OF PERFORMANCE: The ARTIST will conduct its performance at the Auburn Performing Arts Center, 700 E. Main St. Auburn WA herein referred to as "VENUE" 4. REQUIREMENTS a. The CITY shall provide the following for this performance: Promotion of performance and performance programs; Box office management and staffing; Ushers and front-of-house staffing (not incl. merchandise sales - Reference Item 7-C below). b. The ARTIST shall provide the following for the performance: Provide scores and parts for the company and pay all fees (if any) associated with public performance of music; Engage and rehearse the company; Provide program content, biographies, and optional photographs of key production staff artists for performance program and public relations materials with the execution of this contract; Additional promotion of event as negotiated with CITY ~ c. Technical Requirements: The CITY shall provide the following technical assistance for this performance: The CITY will assist with coordination of technical services between the BRAVO 2008-2009 Season ~ Agreement - 5 Guys Named Moe Page 1 of,,2"b ~ Au, •;~~y~,THAN YOp fMAGlNFP VENUE and the ARTIST. The CITY agrees to provide, through the VENUE, technical labor for this production, as detailed in the ARTIST'S technical rider (SEE ADDENDUM) and as approved by the technical director of the VENUE and the ARTIST. COMPENSATION a. ARTIST Fee: In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation, inclusive of travel, of eight thousand five hundred and no1100 U.S. dollars ($8,500.00); eight (8) double hotel accommodations; one meal on 03121/2009. b. Complimentary Company Tickets: The ARTIST shall be provided up to ten (10) complimentary tickets for the performance. The ARTIST may request tickets in advance or provide the CITY with a guest list prior to the performance. 6. PAYMENT SCHEDULE The ARTIST shall be paid as outlined in Item 5 above by the CITY for the completed work and performance in compliance with the terms of this Agreement. DEPOSIT of one thousand and no/100 U.S. dollars ($1,000.00), PAYABLE TO: Artbeat, Inc., upon execution of contract. BALANCE of seven thousand five thousand and no/100 U.S. dollars ($7,500.00), PAYABLE TO: Irving Street Rep.. Such payment shall be full compensation for all work performed and services rendered under the terms of this Agreement. Payment/Balance will be delivered to the ARTIST's company manager or his/her designee immediately following the performance. The payment to the ARTIST shall be in compliance with the regulations of the CITY Finance Department. The ARTIST agrees to be responsible for payment of any and all taxes, which may be due as a result of performance under this contract. 7. PROMOTIONAL RESPONSIBILITIES a. Promotional materials shall be mutually agreed upon between the CITY and the ARTIST. b. The ARTIST assumes sole and total responsibility for all of ARTIST Merchandise Concessions, if any, including inventory, sales and sales personnel. ARTIST maintains 100% of total sales receipts of ARTIST Merchandise. The CITY and/or VENUE will provide (1) table in the lobby of the VENUE for Merchandise Sales. INDEMNIFICATION The ARTIST agrees to indemnify, defend and hold the CITY, its agents, representatives and employees harmless from and against any and all claims, causes of action or demands or any form of liability of any nature including, but not limited to any copyright infringements for musical performances, arising out of the performance and obligations contained in this Agreement on the part of the ARTIST, its agents, representatives and employees except where such claims arise solely from the negligent acts of the CITY, its agents, representatives or employees. 9. INABILITY TO PERFORM If ARTIST is incapacitated from rendering services through sickness or otherwise, or if ARTIST cannot perform because of fire, accident, act of God or impossibility of performance, through no fault of the CITY, the performance(s) (Item 2: Scope of Work) shall be rescheduled at a mutually agreed upon date to occur not more than 12 months following the date of the initially scheduled performance, either at the same venue as initially scheduled or at another venue available to the CITY for such performance. If the performance cannot be rescheduled within that time frame BRAVO 2008-2009 Season Agreement - 5 Guys Named Moe Page 2 of-21(ill * > AUBURN' 11 Illy-, 'ClIAN Y<)U TAqAp I N'~9 100% of Deposit (Item 5-A: ARTIST Fee) paid to ARTIST shall be returned to CITY. If the perFormance cannot proceed through some fault of the CITY, but the CITY gives at least ninety (90) days advance notice of cancellation to the ARTIST, 50% of total Deposit (Item 5-A: ARTIST Fee) paid to ARTIST shall be returned to CITY. If the performance cannot proceed through some fault of the CITY, and the CITY gives less than ninety (90) days advance notice of cancellation to the ARTIST, none of the total Deposit (Item 5-A: ARTIST Fee) shall be returned to CITY. 10. TERMINATION In the event the ARTIST or the CITY defaults or fails to comply with any of the requirements of this Agreement, or any obligations hereunder, the CITY may at its option terminate the Agreement. Such remedies shall be in addition to any other right or remedy each may have. 11. NOTICES Any notice required or permitted under this Agreement may be personally served, or given in writing, and shall be deemed sufficiently given or served if sent by registered or certified mail addressed to the respective parties as follows: CITY Laurie Rose, Cultural Arts Manager City of Auburn Parks, Arts & Recreation 910 Ninth Street SE Auburn, WA 98002 253-931-3043 1 Lrose@auburnwa.gov ARTIST 5 Guys Named Moe Ron Lucas, Irving Street Rep, 50 Park PI., #1219, Newark, NJ, 07102 973-643-6262, ;www.irvingstreetrep.com/276368.ihtml AGENT David Shaw Artbeat, Inc., 2828 Devils Tower Circle, EI Paso, TX 79904 915-755-7686, davidbshaw1946@sbcglobal.net, www.artbeatshows.org Either party may at any time designate a different address to which notices shall be sent. Notice given in accordance with these provisions shall be deemed received when mailed. 12. GENERAL PROVISIONS The following provisions may apply: A. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or any subsequent breach or default. B. This Agreement may not be changed or modified nor any provision hereof waived except in writing agreed to by both parties. C. This Agreement shall be construed in accordance with and all questions with respect hereto shall be determined by the laws of the State of Washington. BRAVO 2008-2009 Season Agreement - 5 Guys Named Moe Page 3 of 2 AvBURN _ IWO T41AVY0UlMAGINFS) D. The ARTIST agrees to pay all reasonable costs, attorney's fees and expenses that may be incurred by the CITY in enforcing the provisions of this Agreement. E. In the performance of the work herein, the ARTIST agrees to comply with all applicable State and local laws, rules and regulations. ARTIST UGIl rly~ (signature) ARTIST TAX ID#: Za h~ 7 DATE CIT O ~ - PETER B. LEW IS, MAYOR JuN 16 2008 DATE ATT ST: ' ' at-&"_ Danielle Daskam City Clerk TO FORM: lydnie(B. Heid City Attorney BRAVO 2008-2009 Season Agreement - 5 Guys Named Moe Page 4 o9e, Five TECH RIDER Guys Named Moe PRESENTER/PROMOTER AGREES TO PROVIDE THE FOLLOWING: HOTEL ACCOMMODATIONS FOR CAST AND CREW AND MEAL ON SHOW DAY LIGHTING: GENERAL STAGE LIGHTING 2 FOLLOW SPOTS SOUND: SOUND SYSTEM COMPATIBLE WITH PERFORMANCE SPACE 1 TUNED UPRIGHT OR BABY GRAND PIANO W/LIGHTED MUSIC STAND 6 BODY MICS 2-MONITORS FOR SINGERS 2-4 MONITORS FOR BAND STAFF: 2 OPERATORS FOR FOLLOW SPOTS SET: PLATFORMS/RISERS FOR BAND 2 LIGHTED MUSIC STANDS CAPABILITIES TO HANG 1-2 DROPS ELECTRIC OUTLET FOR SMOKE MACHINE AND SET PIECES TWO COCKTAIL TABLES FOUR CHAIRS FIVE STOOLS BACKSTAGE: DRESSING AREA FOR CAST (6 males) DRESSING/HOLDING AREA FOR BAND TWO GAR.MENT RACKS FOR HANGING COSTUMES TWO PROP TABLES Artbeat, inc. 2828 Devils Tower Circle; EI Paso, Texas 79904 - 915 755 7686 (office) 425 444 5052 (cell) Contract for Artist Services ARTIST: Five Guys Named Moe TODAY'S DATE: May 30, 2008 ENGAGEMENT DATE: March 21, 2009 AGENT: David Shaw/Artbeat VENUE: SHOW TYPE: Broadway VENUE ADDRESS: LOAD-IN/SND-CHCK: tba CITY.STATE, Zip DOORS: 7:30 to confirm VENUE PHONE: START TIME: 8 to confirm CAPACITY: SET LENGTH: 2 hours TICKET PRICE: tba SUPPORT: n/a MERCH: n/a GUARANTEED FEE: $8,500 flat fee PURCHASER AGREES TO PROVIDE THE FOLLOWING AT NO COST TO ARTIST ACCOMMODATIONS: yes - 8 double occupancy rooms (may be singles) HOSPITALITY: yes - dinner day of show, drinks back stage at sound-c>~cle~ SOUND AND LIGHTS TO ARTIST SPECS: as mutually agreed f(°~ ~9qo TRAVEL: No $LS p 'C OTHER: Deposit $1,000 on July 1, 2008 - paid to Artbeat (11 Balance of funds - $7,500 - at or before intermission, day of show DTHER INFO: Artbeat is a IRS 501 c) (3) not-for-profit corporation Technical Rider previously submitted. This Contract may be accepted by facsimile or scanned document attached to an e-mail Authorized signature for PURCHASER Purchaser: Laurie Rose, Cultural Arts Manager City of Auburn Parks, Arts & Recreation 910 Ninth St. SE, Auburn, WA 98002 Purchaser e-mail lrose@auburnwa.gov Purchaser telephone 253-804-5057 .a SktVa Iv 0 ~ Offer;accepted by ARTIST Producer: Ron Lucas Irving Street Rep 50 Park Place, Suite 1219 Newark, NJ 07102 973 643 6262