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Home My WebLink AboutPat Wilson dba Comedy West (6/12/09 Performance)AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this day of , 2009, by and between the City of Auburn, Washington, a Municipal Corporation of the State a Washington herein referred to as "ClTY" and PAT WILSON DBA COMEDY WEST whose address is, 1108 MILL CREEK BLVD. #A202, herein referred to as "ARTIST." WHEREAS, the CITY desires to contract with the ARTIST to provide an artistic performance for the public in Aubum, 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. RE7ENTION 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 ail supervision, labor, and all other incidentals except as specifically provided herein and the ARTIST agrees to conduct and complete the pertormance in a compe#ent and professional manner in accordance with the terms of this Agreement. 2. SCOPE OF WORK The ARTIST agrees to provide the following specific senrices in its artisfic performance: Kermet Apio, Brad Upton (emcee "tda"), Friday June 12, 7:30 pm, 2009. 3. SITE OF PERFORMAfdCE The ARTIST will conduct its performance at the Auburn Avenue Theater, 10 Auburn Ave, Auburn, WA., 98002, herein referred to as "VENUE" 4. REQUIREMENTS A The CITY shell provide the following for this performance: • All promotion of performance, including press releases, paid advertising, radio public service announcements, brochures and postcarcls, perFormance programs • Box office management and staffing • Ushers and front-of-house staffing (not includinctmerchandise sales - Reference Item 7- C below . . Auburn Avenue Theater for load-in and/or rehearsal, plus performance (reference date above). • Sound system and stage lighting. AUBURN AVE THEATER 2009 Agreement - Comedy West June 09 Page ! of 4 B. The ARTIST shall provirfe 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. C. Technical Requirements: The CITY shall provide the followirlg technicat assistance for this performance: The CITY will assist with coordination of technical services befinreen the 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 and as approved by the technical director af the VENUE and the ARTlST. 5. COMPENSATION A. ARTIST Fee: In consideration of the services to #he CITY in connection with the artistic performance, the ARTIST shall receive total compensation, incfusive of travel, $1,800.00 (one thousand eight hundred and no/100). 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 C{TY with a guest list prior to the performance. 6. PAYMENT The payment to the ARTIST shall be in compiiance 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. Payment shall be delivered to the ARTIST's company manager or his/her designee immediately following the performance. 7. PROMOTIONAL RESPONSIBILITIES A. Promotional materials shali be mutually agreed upon between the CITY and the ARTIST. B. The CITY will market the performance as defined in Item 4. C. 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 of ARTIST Merchandise. The CITY and/or VENUE will provide (1) table in the lobby of the VENUE for Merchandise Sales. 8. INDEMNIFICATION 7he ARl'IST 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 fimited to any copyright infringements for musical performances, arising out of the performance and obligations contained in this Agreement on the AUBURN AVE THEATER 2009 P~ 2 of 4- ~~y W~ ]une 09 part of the ARTiST, its agents, representativeS and employees except where such Gaims arise solely from the negligent acts of the CITY, its agents, representatives or employees. 9. INABILITY 70 PERFORM if ARTIST is incapacitated from rendering services through sickness or otherwise, or if ARTIST cannot pertorm because of fire, accident, act of God or impossibility of performance, through no fauft of the CITY, the performance(s) (Item 2: Scope of Work) shall be rescheduled at a mutuatly 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 vertue available to the CITY for such performance. If the performance cannoE proceed through some fault of the CI'FY, 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. TERMIMATION 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 Rase, Cultural Arts Manager Auburn Parks, Arts & Recreation 910 Ninth St. SE Auburn, WA 98002 ARTtST Pat Wilsan Comedy West 1108 Mill Creek Blvd Mill Creek, WA 98012 AGENT (same) Either party may-at any time designate.a different address to-which notices shall be sent: Natiee- given in accordance with these provisions shall be deemed received when mailed. 12. GENERAL PROVISlONS The following provisions may appiy: 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. AUBURN AVE THEATER 2009 Agreement - Comedy West lune 09 Page 3 of 4 C. This Agreement shall be constnued in accordance with and ali quesfions with respect hereto shail be determined by the laws of the State of Washington. 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. In the performance of the work herein, the ARTIST agrees to comply with all applicable State and local laws, rules and regulations. TIST ~_3 :~A- (signature) ARTIST TAX ID#: QC" ~ --q t) ~ O ~ DIRECT CONTACT PHONE (not agent) DIRECT CONTACT EMAIL (not agent) DATE CITY-DT-_AUBURN ',-~aber, Director - City of Auburn Parks, Arts, and Recreation ~fflJ`O~ DATE APP O D AS F RM' iel BA16 City Attomey L.._..-_.._._- AUBURN AVE THEATER 2009 PAg-a~ 4 of 4- Comedy West June 09 " First Western Properties - Tacoma Inc. o copyrignt 1999 - 2005 6402 Tacoma Mall Blvd, Commercial Brokers Association TMA/ FH4ST ' Tacoma, WA 98409 All Rights Reserved Phone: (253) 472-0404 CBA Form XL ON i*16PEMES, '''n"Ma'Mal' Fax: (253) 4720541 Exclusive Lease Rev. 12/99 Page 5 of 5 COMMERCIAL BROKER'S ASSOCIATION EXCLUSIVE LEASE LISTING AGREEMENT (CONTINUED) First Western Properties - Tacoma, Inc., Broker (Company) Daniel T. Durr, Broker (Authorized Representative) Owner hereby extends the above Agreement to midnight of Owner Owner