HomeMy WebLinkAboutLinda Severt's Juggletunes
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AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this ~?U day of tAS 2010, by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein
referred to as "CITY" and Linda Severt's Juggletunes, whose address is c/o Professional
Entertainment Consultants, PO BOX 78593, Seattle, WA 98178, 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:
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 Inerein 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) 60 minute performance on Wed., August 3, 2011, at 12:00 pm. ARTIST agrees to be
on site no later than 11:15 am for set-up and/or sound check. See Professional
Entertainment Consultants attached Booking Agreement for additional information.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Les Gove Park, 910 Ninth St. SE Auburn, WA,
98002 herein referred to as "VENUE"
4. REQUIREMENTS
The CITY shall provide the following for this performance: P/A system (no wireless mic) and
covered stage.
5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic performance, the
ARTIST shall receive total compensation of five hundred and no/100 ($500.00).
Kids SummerStage
Agreement - 2011
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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
responsible for payment of any and all taxes, which may be due as a result of performance under
this contract. The agreed fee will be paid in 2 payment(s), a $150 deposit due in January
2011 and mailed in the City of Auburn's initial check run and the remaining paid on the date
of the event.
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 time/date 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
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 ment Pagee2 of 4- 2011
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 Kristy Pachciarz, Special Events Coordinator
City of Auburn
910 Ninth Street SE
Auburn, WA 98002
ARTIST Linda Severt's Juggletunes
c/o Professional Entertainment Consultants
PO BOX 78593
Seattle, WA 98178
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 - 2011
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ARTIST .f
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DATE: 0
CITY OF AUBURN
DARYLFABER
PARKS, ARTS & RECREATION DIRECTOR
DATE:
Cam`-.~-
KRISTY PACHCIA Z
SPECIAL EVENTS COORDINATOR
DATE: o L
Kids SummerStage
Agreement - 2011
Page 4 of 4
Professional TM PEC Booking Agreement
Entertainment
Consultants
Please return this agreement by 9/10/2010. This agreement is for the services of Linda Severt's
Juggletunes and is initiated 8/30/2010 between Linda Severt's Juggletunes the provider of entertainment services and , Auburn Parks. Arts &
Recreation. Professional Entertainment Consultants, herein referred to as PEC, is acting as the exclusive agent for the performance.
Name Of Entertainer/Group - Provider of Services: Linda Severt 's Juggletunes
Number Of Performers: 1
Name, Address & Place Of Engagement: Les Gove Park in Auburn, 1 Ith & Auburn Way S., Auburn, WA 98001
Dates, Starting and Finishing Times 8/3/2011 - 12:00 noon to 1:00 pm
Type Of Engagement: Childrens Event
Compensation Agreed Upon: $500.00 for up to 1 hours. $500.00 for any additional hour beyond contract time, available only by mutual
agreement...
Purchaser Will Make Payments As Follows: $150.00 Non-Refundable deposit, to be paid in advance. $350.00 Balance due on or before date
of performance, prior to start of performance. Any Balance paid in advance, including credit card payment, should be made payable to PEC and
should arrive at least 10 days prior to the date of performance. Any balance paid on the date of performance should be made payable directly
to: Linda Severt's Juggletunes/ Linda Severt prior to the start of performance.
Late account is subject to a late fee equal to 15% of the total balance due. Late account is subject to an additional late fee equal to 10% of any
outstanding balance due, including any previously incurred late fees, for each period of ten days any account is past due. Any deposit made is
not refundable. Late fee shall also include any collection costs if incurred. If a balance is due following the date of performance, balance may
be applied on the same credit card used for deposit.
No performance on the engagement shall be recorded, reproduced or transmitted from the place of performance in any manner or by any means
whatsoever in the absence of a specific written agreement with Linda Severt's Juggletunes and Professional Entertainment Consultants
relating to and permitting such recording, reproduction or transmission except for personal non-commercial use.
This agreement and the terms and conditions contained herein may be enforced by , Auburn Parks, Arts & Recreation and any agent thereof
and by Linda Severt's Juggletunes and any agent thereof and by any entertainer who is a party to this agreement or whose name appears on the
agreement or who has, in fact, performed the engagement agreed upon herein and by any agent of the participating entertainer and by P.E.C.
and any agent thereof. It is expressly understood by , Auburn Parks, Arts & Recreation and Linda Severt's Juggletunes and by each purchaser
or entertainer who is a party to this agreement that neither P.E.C. nor any agent thereof are parties to this agreement except as expressly
provided herein and, therefore, that neither P.E.C. nor any agent thereof shall be liable for the performance or breach of any provision herein
and therefore neither P.E.C. nor any agent thereof shall be responsible to render any compensation in the event of default by any party to this
agreement. In the event that legal recourse is sought to resolve any dispute the losing party shall pay the prevailing party all reasonable legal
costs.
A representative of P.E.C. shall, on the date of performance, have access to the place of engagement covered by this agreement for the purposes
of communicating with , Auburn Parks, Arts & Recreation and Linda Severt's Juggletunes.
Cancellation, may only be executed by mutual written consent of all parties to this agreement. In the event of cancellation by , Auburn Parks,
Arts & Recreation without mutual agreement, compensation shall be rendered in full as set forth herein unless waived in writing by Linda
Severt's Juggletunes. Deposit is non-refundable except in the case of default or non-performance by Linda Severt's Juggletunes.
Linda Severt's Juggletunes and Linda Severt , including any other act owned or lead by Linda Severt or which is substantially the same act as
Linda Severt's Juggletunes, agrees to contract through PEC any booking by , Auburn Parks, Arts & Recreation to engage Linda Severt's
Juggletunes for a period of 14 months following the date of performance. If the engagement is not contracted through PEC, Linda Severt's
Juggletunes shall, in alternative render compensation, on or before the date of any engagement contracted in writing or verbally, equal to 15%
of the total price paid for the engagement. Linda Severt's Juggletunes shall further provide, on request, a written copy of the terms of any such
engagement to PEC.
OTHER CONTRACTUAL CONDITIONS, INCORPORATED HEREIN BY REFERENCE: Deposit will be made Janurary 2011 Time is of
the essence in this agreement. The terms and conditions contained herein constitute the entire agreement between the parties and any other
agreement, verbal or otherwise, shall not be enforceable except by written mutual consent of all parties.
Agent: Dick Coolen, 360 769 8415, dickcoolen@pro-ent.com
Purchaser: , Auburn Parks, Arts & Recreation, 910 Ninth St. SE, Auburn WA 98001, 253-931-3052 TEL
Performer: Linda Severt's Juggletunes, Linda Severt, PO Box 78593, Seattle,WA 98178
Date
Purchaser
Date (SS or Tax ID#)
Performer (signatory)
Return To: Professional Entertainment, PO Box 78593, Seattle, WA 98178, www.CoolenEntertainment.com