HomeMy WebLinkAboutComedy Underground/SeattleAGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this A day of 9A-, 2009,
by and between the City of Auburn, Washington, a Municipai Corporatian of the State of
Washington herein referred to as "C1TY" and THE COMEDY UNDERGROUND/SEATTLE
whose address is, 109 S. WASHINGTON ST., SEATTlE, WA 98104, 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 campiiance 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 foliows:
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 fumish all
supenrision, 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
performance each for "Comedy on The Ave" series:
. Friday, September 18, 2009, 7:30 pm: comedians Sharon Lacey, Peter Greyy, Ron
Osborne
. Friday, October 16, 2009, 7:30 pm: (comedians "tba")
• Friday, November 6, 2009, 7:30 pm: Seattle International Comedy Festival, featuring the
first week of comedy competition (approx. 12 - 15 comedians).
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3. COMPENSATION
A. ARTIST Fee:
fn consideration of the services to the CIN in connection with the artistic
performance, the ARTIST shati receive total compensation, inclusive of
travel, $5,700.00 (five thousand seven hundred and no/100).
B. Complimentary Company Tickets:
The ARTIST shall be provided up to ten (10) complimentary tickets for each
performance. The ARTIST may request tickets in advance or provide the CITY
with a guest list prior to the performance.
6. PAYAAENT
The ARTfST will receive 100 % of the fee negotiated for each performance at the conclusion of
each performance, payable to THE COMEDY UNDERGROUND/SEATTLE, by the CITY for the
completed work and performance in compliance with the terms of this Agreement. Such
payment shaN be full compensation for all work performed and services rendered under the
terms of this Agreement. Payment schedule will be as follows:
• Friday, Sep. 18: $1600.00
Friday, Oct. 16, $1600.00
• Friday, Nov. 6, $2500.00
The payrrient 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's company manager or his/her designee immediately following the performance.
3. SITE OF PERFORMANCE
7he ARTIST will conduct its pertormances at the Auburn Avenue Theater, 10 Auburn Ave.,
Auburn, WA., herein referred to as "VENUE."
4, REQUIREMENTS
A. The CITY shall provide the following for this performance:
• All promotion of September and October performances, and additional
promotion of November Comedy Festival performance, including press
releases, paid advertising, radio public senrice announcements, brochures and
postcards, performance programs.
• Box office management stafflng
• Ushers and front-of-house staffing (not incl. merchandise sates - Reference Item
5-C below).
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• Aubum Avenue Theater for load-in and/or rehearsal, pius performance for all
three performances for a fuit 8-hour schedule.
~Full sound system and stage lighting, barstool, bottled water, basic stage
lighting design
• Technical stage staff.
B. The ARTIST shall provide the following for the performance:
• Provide scores and parts for the company and pay all fess (if any)
associated with public performance of music.
• engage and rehearse the company.
• provide program content, biographies, and optionai photographs of key
production staff artists for perfonnance program and public relations
materials with the execution of this contract.
C. Technical Requirements:
The CITY sha11 provide the following technical assistance for this pertormance:
The CITY will assist with coordination of technical services between 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 of the VENUE and the ARTIST.
5. PROMOTIONAL RESPONSIBILITIES
A. Promotional materials shal{ be mutualty 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 resqansibilitv for alt of ARTIST
Merchandise Concessions, if any, including inventory, merchandise bank/credit
card transaction supplies, sales and sales nersonnel. 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. 1NDEAANIFiCAT10N
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.
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9. IPIABILITY 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 mutualiy 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.
lf the performance cannot proceed through some fault of the CITY, but the CITY gives
at least ninety (90) days advance notice of cancelfation to the ARTIST, 50% of total
Deposit, if applicable, (Item 5-A: ARTIST Fee) paid to ARTiST shalf be retumed to
CITY. If the pertormance cannot proceed through some fauft of the ClTY, and the CITY
gives less than ninety (90) days advance notice of cancellation to the ARTIST, none of
the total Deposit, if applicable, (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 shali 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
Auburn Arts Commission
Auburn Parks, Arts & Recreation
910 Ninth Street SE
Aubum, WA 98002
253-931-3043 / Lrose@auburnwa.gov
ARTIST Ron Reid
The Comedy Underground/Seattle
109 S. Washington St.
Seattle, WA 98104
206-930-9973 / ron@comedyunderground.com
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 foilowing 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.
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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 ali reasonable costs, attorney's fees and expenses
that may be incurred by the CITY in enfarcing the provisions of this Agreement.
In the performance of the work herein, the ARTIST agrees to comply with all applicable
Sta#e and local laws, rules and regulations. 1
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DATE
GITY
Mayor Pete Lewis, City of Aubum
AUG 2,5 2009
DATE
A EST
Darnelte Daskam, City Clerk
AP VED F
a" B. He ity Attomey
AUBURN AVE THEAlER 2009
Agreement - Comedy Underground Fall 09
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