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HomeMy WebLinkAboutDoug Wisness dba The Coats coq AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 9-0 day of; 'ern 17010, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washingtor herein referred to as "CITY" and Doug Wisness dba The Coats, whose address is PO BOX 296, Puyallup, WA, 98371; phone 253-732-8842, 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 THFRFFORF, 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 teems of this Agreement 7 scoPF OF WORK I he AN I IS I agrees to provide the following specific services in its artistic performance: 90 minute performance of The Coats for Auburn's Summer Sounds & Cinema event on Friday, August 12, 2011, frorn 7:00pm - 8:30prn (no set break). ARTIST will he on-site no later than 6:15 pm for set-up and sound check. 3 SITE OF PERFORMANCE The ARTIST will conduct its performance at Les Gove Park, (910 9"' Street SE), Auburn, WA, 98002 herein referred to as "VENUE" 4. REQUIREMENTS 1 he CITY shall provide the following for this performance Sound equipment consisting of one 24-channel mixer; four powered floor monitors; two direct input boxes; one nanoverb effects unit; guitar cables; mic cables and stands; speaker cables; one CD player; one sound technician to set up and run equipment. Agreement - 1 he Coats Summer Sounds & Cinema 2011 Nage 1 of 4 6. CUMf FNSATION In consideration of the services to hie CITY in connection with I•ie. artistic performance. Pre ARTIST shall receive total compensation of one thousand-five-hundred dollars and 1101100 ($11500.00). 6 PAYMENT The AR I IS I 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 ARTISI shall be in compliance with the regulations of the CITY Finance Department The ARTIST agrees to be resporsible for payment of any and all taxes, which may be due as a result or performance under this contract Payment shall be delivered to the ARTIST's company manager or hisfher designee immediately following the performance. 7. PROMOTIONAL RESPONSIBILIIICS ARTIST shall provide the following promotional materials to the CITY: Company bro. photos (high resolution electronic images) and any artwork specifically perlaining to ARTIST at the upon signature of this contract. 8. INDLMNIFICATION 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 lira ARTIST. its agents, representatives and employees except where such claims arise solely from the negligent acts of lire CITY, its agents, representatives or employees. 9. INABILITY TO PERFORM if ARTISI is incapacitated from rendering services through sickness or otherwise, or if ARTIST cannot perform because of fire, accident. act of Cod 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. - - Agreement - I tie Codts Summer Sounds & Cinema 2011 Page 2 of 4 10 PERFORMANCE RAINOUI In the event of rain, the CITY will contact the ARTIST no later than 12:00pm on Friday, August 12, 2011, to determine if the performance will be moved indoors or rescheduled. ARTIST must Lovide a telephone number where ARTIST can he reached at the timehlate 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 TERMINAIION In the event the ARTIST or the GI I Y defaults or fails to comply with any of the regwremcnts 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 rernedy each may have 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 certifier) mail addressed to the respective parties as follows CITY Knsty F ancciarz, Special Fvents Coordinator City of Auburn 910 Ninth Street SF Auburn, WA 98002 ARTIST Doug Wisness dba The Goats PO BOX 296 Puyallup, WA 98371 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 eilher party of any breach or default hereunder shall be deemed a waiver of any preceding or any subsequent breach or default B i his Agreement may not be. changed or modified nor any provision hereof waived except in writing agreed to by both parties. G. 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. U- The AR I IST agrees to pay all reasonable costs, attorney's fees and expenses that may he 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. - The Coats Summer Sounds & Cinema 70tt Page 3 of 4 ARTIST THE GO,gT,, ARTIST T'AX 1547837 DATF 3 5 I) - CITY OF AUBURN DARYL LABER. DIREGIOR PARKS. ART S & ,R.F~~CggREATION DATE y " KRIS I Y PACHCIA Z, SPECIAL EVENTS COORDINATOR PARKS, ARTS & RECREAI ION DATE: - Ayreemcnt -1 he Croats Sumner Sounds & Oncma 2011 Pagc 4 of 4