Loading...
HomeMy WebLinkAboutEric Haines Kids ShowAGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this -k day of by and 40~'2009, between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Eric Haines, whose address is c/o Pacific Rim Talent, PO Box 250 Bothell, WA 98041, 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: 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) 50 minute performance of Eric Haines Kids Show on Wed., July 8, 2009, at 12:00 pm. ARTIST agrees to be on site no later than 11:00 am for set-up and/or sound check. 3. SITE OF PERFORMANCE The AR'fIST will conduct its performance at Les Gove Park, (Parks Admin. Bldg, 910 Ninth St. SE Auburn, WA) herein referred to as "VENUE" 4. REQUIREMENTS The CITY shall provide the following for this performance: P/A system 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of sevem hundred fifty and no/100 ($750.00) Kids SummerStage Agreement - Eric Haines Page 1 of 4 6. PAYMENT The ARTIST shall be paid by the CCTY for the completed work and performance in compliance with the terms of this Agreement. Such payment shall be full compensation for all work performed and services rendered under the terms of this Agreement. 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. Payment shall be delivered to the ARTIST or his/her designee immediately following the performance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Artist/Company biography, photos (high resolution electronic images) and any artwork specifically pertaining to ARTIST upon signature of this contract. 8. 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, the ARTIST shall not receive any compensation for the time during which the services have not been rendered. Every effort shall be made between ARTIST and CITY to reschedule the performance(s) at a mutually agreed upon date. 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contact the ARTIST by 10:00 AM on the day of the scheduled performance to determine if the performance will be moved indoors, or be rescheduled. ARTIST must provide a telephone number where ARTIST can be reached at the timeldate stated above. If rescheduling is not possible within one year of the event, ARTIST is to be paid on the day of the performance. 11. TERMINATION ~'L 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. Kids SummerStage Agreement - Eric Haines Page 2 of 4 12. 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 910 Ninth Street SE Auburn, WA 98002 ARTIST Eric Haines c/o Pacific Rim Talent PO Box 250 Bothell, WA 98041 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. 13. 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. 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. Kids SummerStage Agreement - Eric Haines Page 3 of 4 ARTIST ~ ERIC HAINES ARTIST TAX ID#: DATE: q -21 '~,1 CITY OF AUBURN DARYLFABER PARKS, ARTS & RECREATION DIRECTOR DATE: APPRO S T Daniel . Heid City Attorney Kids SummerStage Agreement - Eric Haines Page 4 of 4 ADDENDUM NO. A ADDENDLIM TO ARTIST AGREEMENT $ETWEEN ERiC HAINES AND THE CTTY OF AUBURN RELATING TU WEDNESDAY, JULY 8, 2009 PERFORMANCE THIS ADDENDUM is made and entered into this 8 day of JUNE, 2009, by and between ERIC HAINES, (hereinafter referred to as "ARTIST") and the CITY OF AUBURN, a municipat corparetion ofthe State of Washington (heeinafter referred to as die "CITY"), as an addendum to the Agreement between the parties for ART'ISTTC SERVICES eacecuted on the 16 day of MARCH, 2009. WITNESSETH: WHEREAS, the Artist fee had originally been negotiated at $SOOAO with Pacific Rim Bntertainment (AGENT) and documented as such on AGENT contract dated FEBRUARY 24, 2009; and, WHEREAS, the CI't'1' contract erroneously recorded Artist Fa as $750.00 on its contract referenced abave; and, WHEREAS, the C]TY needs to correct the Artist Fee originally negotiated with AGBNT ai $540.00. NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the PAR'i"IES NERE1'O HEREBY AGREE as follows: TTEM ONE REVISiON TO: Iten 5 Compensation of Citv of Aubum Artisk AgreemenG is amended w read as follows: In consideratfon of the services to the CITY fn cortnection witli the artlstic performnnce, the ART7ST shalY reeeive totat eompensation of f:ve kundred and no1100 ($S011.04). IN WI TNESS WHEREOF the parties hereto have executed this Agreement as of ihe day and year first above written. ERIC ~ PACTFTC RIM ENT ~'i .r'-L.•._-~__-•--- Craig Cook , Agent Geu' Pacifie Rim Entertainment - l'_6~ Date CTTY'M-jtVBiJRN &zbj40W, Director/ - Anburn Parks, Arts & Recrea#ian 6-i Bate !mite. pr *ity , An