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AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this /41 day of 2009, by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington
herein referred to as "CITY" and One World Taiko, whose address is PO Box 80158, Seattle,
WA, 98108, 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 30-minute performance by One World Taiko as part of Auburn's Multicultural
Stage at the Fourth of July Festival event on Saturday, July 4, 2009, from 1:00pm to
1:30pm. ARTIST will be on site by 12:15pm for set-up and/or sound check.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Les Gove Park, 910 Ninth St. SE, Auburn,
WA, herein referred to as "VENUE"
4. REQUIREMENTS
The CITY shall provide the following for this performance: Sound equipment consisting
of one 24-channel mixer; 2 speakers, four powered floor monitors; two direct input
boxes; one nanoverb effects unit; guitar cables; mic cables; speaker cables; one CD
player; one sound technician to set up/strike and run equipment.
Fourth of July Festival
Agreement - One World Taiko
July 2009
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5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic performance, the
ARTIST shall receive total compensation of $500.00 (five hundred and no/100).
6. PAYMENT
a. The ARTIST shall be paid $500.00 (five hundred and no/100), payable to One
World Taiko, for the completed work and performance in compliance with the terms of
this Agreement.
b. Such payments 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 afl taxes, which may be due as a result of
performance under this contract. IF the CITY receives the signed contract no later
than June 19, 2009, payment shall be mailed to the ARTIST's company manager
or hislher designee on July 7, 2009.
7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY: Tech rider,
company bio, 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
a. 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 befinreen ARTIST
and CITY to reschedule the performance(s) at a mutually agreed upon date.
b. PERFORMANCE RAINOUT: The Fourth of July Festival will go on, rain or shine. The
20 foot by 12 foot stage will be covered by a 20 foot by 20 foot canopy. ARTIST
must provide a telephone number where ARTIST can be reached by Stage Manaqer..
Fourth of July Festival
Agreement - One World Taiko
July 2009
Page 2 of 4
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 Duanna Richards, Community Services Manager
City of Auburn
25 West Main Street
Auburn, WA 98001
AGENT Gary Tsujiimoto
PO Box 80158
Seattle, WA 98108
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.
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.
FouRh of July Festival
Agreement - One World Taiko
July 2009
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E. In the performance of the work herein, the ARTIST agrees to comply with all
applicable State and local laws, rules and regulations.
ARTIST -
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TAX I.D. # EIN
DATE:
Clif Y OF AUBI,1RN,
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Peter B. Lewis, Mayor
City of Auburn
DATE:
AP R VE FO
a ~el . Hei
i y Attorney
Fourth of July Festival
Agreement - One World Taiko
July 2009
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