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AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this day of _ 2005, by and between
the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred
to as "CITY" and Bobby Medina dba Bobby Medina and Associates, 125 "K" St. NEt Auburn, WA
98002 (Telephone: 253-931-8388) 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 CITY 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. 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 p,erformance 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: Louie Foxx will perform one (1) 60-minute magic
performance at the Auburn Riverside Theatre on Saturday,
January 14, 2006 at 2:00 p.m. as part of the BRAVO! Kids Serie:i.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Auburn Riverside Theatre,
501 Oravetz Road, Auburn, Washington.
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A~eement - Louie Foxx
Kids BRAVO! 2005-06
August 25, 2005
Page I of5
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4. REQUIREMENTS
A. Performance Requirements
The CITY shall provide the following for this performance:
1. All promotion of performance, including press r.!leases, radio
public service announcements and brochures.
2. Box office management and staffing.
3, Rental of Auburn Riverside Theatre for load-in and
performance on Saturday, January 14, 2006.
4. Ushers and front-of-house staffing.
The ARTIST shall provide the following for this performance:
1. Engage and rehearse the company
2. Provide biographies and photographs of those associated
with the performance for public relations materials by
November 21, 2005.
B. Technical Requirements
The CITY shall provide the following technical assistance for this
performance: Assistance with coordination of technical !;ervices
between the Auburn Riverside Theatre and the ARTIST. The City
agrees to provide technical labor for this production, a:s detailed in
the ARTIST'S technical rider and approved by the Technical
Director of the Auburn Riverside Theatre.
5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic
performance, the ARTIST shall receive total compensation of Five HUll1dred and
NO/l00 Dollars ($500.00).
The ARTIST shall be provided with eight (8) complimentary til:kets. It will
be agreed between the CITY and the ARTIST as to the distriblJltion of
these tickets.
6. PAYMENT
The ARTIST shall be paid by the CITY 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 responsibl1e 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 Productio,n Manager,
or his/her designate, immediately following the performance.
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A~eement - Louie Foxx
Kids BRA VOl 2005-06
August 25, 2005
Page 2 of 5
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7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY:
The CITY shall market the performance as defined in Section 4A.
Promotional materials necessary to the performance shall be mutually
agreed upon between the CITY and the ARTIST.
8. INDEMNIACATION
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 effolrt shall be
made between ARTIST and CITY to reschedule the performanc:e(s) at a
mutually agreed upon date.
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 personallly servedt 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 Lori Patrick
Cultural Arts Manager
City of Auburn
910 Ninth Street SE
Auburn, WA 98002
ARTIST Bobby Medina
Bobby Medina and Associates
125 "K" St. NE
Auburn, WA 98002
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A~eement - Louie Foxx
Kids BRA VOl 2005-06
August 25, 2005
Page 3 of5
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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.
E. In the performance of the work herein, the ARTIST agrees to comply with
all applicable State and local laws, rules and regulations.
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A~ment - Louie Foxx
Kids BRA VOl 2005-06
August 25,2005
Page 4 of 5
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ARTIST
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B BBY DINA
dba BOBBY MEDINA AND ASSOOATES
ARTIST TAX ID#:
DATE: it l1!or;
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ATTEST:
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Damelle Daskam
City Clerk
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A~eement - Louie Foxx
Kids BRAVO! 2005-06
August 25, 2005
Page 5 of 5
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