HomeMy WebLinkAboutManu Lono's Hawaiian DancersAGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this ift- day of S~, 2009, by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein
referred to as "CITY" and Manu Lono's Hawaiian Dancers, whose address is 1127 SW 134'h Street,
Burien, WA, 98146, 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
W HEREAS, 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
45-minute perFormance by Manu Lono's Hawaiian Dancers as part of Auburn's
Multicultural Stage at the Fourth of July Festival event on Saturday, July 4, 2009, from
2:00pm to 2:45pm. ARTIST will be on site by 1:15pm 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 $200.00 (two hundred and no/100).
6. PAYMENT
a. The ARTIST shall be paid $200.00 (two hundred and no/100), payable to Manu Lono,
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 all 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 his/her
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 fimited 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 between 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 bv Staqe Manaqer..
Fourth of July Festival
Agreement - One World Taiko
July 2009
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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 Manu Lono
1127 SW 134th Street
Burien, WA 98146
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.
Fourth of July Festival
Agreement - One World Taiko
July 2009
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In the pertormance of the work herein, the ARTIST agrees to comply with all
applicable State and local laws, rules and regutations. ~
ARTI~Tj,-)
TAXI.D.#EIN
DATE:
CITY OF AUB RN ~
Peter B. Lewis, Mayor
City of Auburn
. ,
DATE:
_ .
Fourth of July Festival
Agreement - One World Taiko
July 2009
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