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Home My WebLink AboutJust for Laughs T 4 AUBURN "paE7IHAN YOU 1MAGINEO AGREEMENT FOR ARTISTIC SERVICE 2010, THIS AGREEMENT is made and entered into this day of ~e<<"-~~T by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and JUST FOR LAUGHS whose address is, P.O. BOX 1050, TIBURON, CA 94920, 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 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 at The Ave" series: Friday February 18t", 2010, 7:30 PM (3 comedians "tba") Saturday March 19th 2010, 7:30 PM (3 comedians "tba") 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at the Auburn Ave Theater, 10 Auburn Ave, Auburn, WA 98002, herein referred to as "VENUE." AUBURN AVE THEATER 2011 Agreement - Just For Laughs Page 1 of 5 4. REQUIREMENTS A. The CITY shall provide the following for this performance: • All promotion of performance, including press releases, paid advertising, radio public service announcements, brochures and postcards, performance programs • management and staffing • staffing (not incl. merchandise sales - Reference Item 7-C below). Auburn Ave Theater for performances on Friday February 181h, 2010, 7:30 PM Saturday March 19th, 2010, 7:30 PM • The ARTIST shall provide the following for the,performance: • Provide scores and parts for the company and pay all fees (if any) associated with public performance of music. • Engage and rehearse the company ° • Provide program content, biographies, and optional photographs of key, production staff artists for performance program and public relations materials with the execution. of this contract. C. Technical Requirements: The CITY shall provide the following technical assistance for this performance: The CITY will assist with coordination of technical services between the VENUE and the ARTIST. The ,CITY agr`ees.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. COMPENSATION A. ARTIST Fee: In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation, inclusive of travel, $3200.00 (three thousand two hundred and no/100) B. Complimentary Company Tickets: The ARTIST shall be provided up to 6 (6) complimentary tickets for the performance(s). The ARTIST may request tickets in advance or provide the CITY with a guest list prior to the performance. AUBURN AVE THEATER 2011 Agreement - Just For Laughs Page 2 of 5" 6. PAYMENT The. ARTIST will receive 100 % of the fee at the conclusion of the performance, payable to Just For Laughs, 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. Payment schedule will be as follows: • Friday February 18th, 2010, 7:30 PM, $1600.00 • Saturday March 19th, 2010, 7:30 PM, $1600.00 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. Payment shall be delivered to the ARTIST'S company manager or his/her designee immediately following the performance. 7. PROMOTIONAL RESPONSIBILITIES A. Promotional materials shall be mutually 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 responsibility for all of ARTIST Merchandise Concessions, if any, ,including inventory, sales and sales personnel. 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. 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, representativesor 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, through no fault of the CITY, the performance(s) (Item 2: Scope of Work) shall be rescheduled.at a mutually 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. AUBURN AVE.THEATER 2011 Agreement- Just For Laughs Page Iof 5 ti If the performance cannot proceed through some fault of the CITY, but the CITY gives at least ninety (90) days advance notice. of cancellation to the ARTIST, 50% of total Deposit (Item 5-A:'ARTIST Fee) paid toARTIST shall,be returned to CITY. If the performance cannot proceed- through- some fault of the CITY, and the CITY gives less than` ninety (90) days advance notice of cancellation to the ARTIST, none of the total Deposit (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 shall be in addition to any other right or.remedy each may have. 11. NOTICES Any notice required or permitted under this Agreement maybe 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 Jim Kleinbeck City of Auburn Parks, Arts & Recreation 910 Ninth St. SE Auburn, WA 98002 ARTIST Jonathan Fox Just For Laughs P.O. Box 1050 Tiburon, CA 94920 AGENT (n/a) 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. AUBURN AVE THEATER 2011 Agreement - Just For Laughs Page 4 of 5 In the performance of the work herein, the ARTIST agrees to comply with all applicable State and local laws, rules and regulations. ARTIST J 0at err Fox Ju or. Laughs ARTIST TAX ID#: ~?4(V10 DATE CITY OF AUBURN Dar Faber, 'rector City of Auburn. Parks, Arts, & Recreation DATE' AUBURN AVE THEATER 2011 Agreement - Just For Laughs Page.5 of:5