HomeMy WebLinkAboutDana Osborn dba Dana Osborn Band
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AGREEMENT FOR ARTISTIC SERVICE
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THIS AGREEMENT is made and entered into this 9__ day of , 9010, by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein
referred to as "CITY" and Dana Osborn dba Dana Obsorn Band, whose address is c/o Pacific Rim
Talent, PO BOX 250, Bothell, WA, 98041; phone 425-489-7900, herein referred to as "ARTIST".
WHFRFAS, the CITY desires to contract with the AR I IST to provide an artislir, performance
for the public in Auburn, Washington: and
WHLRLAS. the ARTIST has agreed to perform the work in compliance with the terms and
conditions of this Agreement;
NOW THEREFORE, the CI I Y 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 compelenl and professional
manner in accordance with the terms of this Agreement.
7 SCOPE OF WORK
The ARTIST agrees to provide the following specific services in its artistic performance.
60 minute performance of Dana Osborn Band for Auburn's 4t' of July event on Monday,
July 4, 2011, from 3:00 pm to 4:00 pill (no set break). ARTIST will be on-site no later
than 2:15 pm for set-up and sound check. See attached agreement from Pacific Rim
Talent for more information.
3. SITF OF PERFORMANCE
The ARTIST will conduct its performance at Les Gove Park, (910 Ninth Street SE), Auburn,
WA, 98002 herein referred to as "VENUE"
4 REOUIREMENTS
The 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 tip and run equipment.
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Agreement - Ddnd Osborn Band
4 of July Festival 2011
Page 1 of 4
5 COMPENSATION
In consideration of the seivires 10 the CITY in connection with the artistic performance the
ARTIST shall receive total compensation of seven-hundred dollars and no/100 ($700.00).
6. PAYMENT
The ARTIST shall be paid by the CITY for the completed work and performance in compliance
with flip. 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 perforrmance under this contract. Payment shall be delivered to the ARTIST's
company manager or his/her designee immediately following the performance.
7 PROMOTIONAL RLSPONSIRII ITIFS
ARTIST shall provide the following promotional materials to fire CITY Company bio, photos
(high resolution electronic images) and any artwork specifically perlainhig to ARTIST at the
upon signature of this contract
8. INDEMNIFICATION
The ARTIST agrees to indemnify, defend and hold the CITY its agents. representatives and
employees harrnleSS from and against any and all claims, causes of action or demands or any
form of liability of any nature fnrlucfing, 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 iendp.riny services through sickness or otherwise, or if
ARTIST cannot perform because of tire, 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.
Ayrepment Dana Osborn Band
4 'of luly Festival 20L1
Page 2 of 4
IC P1-RF0RMANCF RAINOl1T
nfa. Event is held rain or shine.
11 TERMINATION
In the event the AIR 1151 or the CITY defaults or fails to comply with any of the requirements of this
Agreement or any obligations hereunder, the CI I Y may at its option lemrinate the Ayr®ement Such
remedies shall be in addition to any other right or remedy each may have,
12- NOTICFS
Any notice required or permitted under this Agreernenl may be personally served, or given in writing,
and shall be deemed sufficiently given or served it sent by registered or certified rnail addressed to the
respective parties as follows
CITY Kristy Pachciarz. Special Events Coordinator
City of Auburn
910 Ninth Street SF
Auburn, WA 915002
ARTIST Dana Osborn dba Dana Osborn Band
c/o Pacific Rim Talent
PO BOX 250
Rothell, WA 98041
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 rnailed
12 OFNFRAL 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. I his 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 ARTISI 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 perforrnanre of the work herein, the ART IS I agrees to comply with all
applicable State and local laws, rules and regulations.
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Areement Dana Osborn Band
4"' of luly Festival 2011
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ARTIST
DANA OSBORN BAND
ARTIST TAX ID#' 4'1112
DATE
CITY OF AUBURN
DARYL FABER, DIRLCTOR
PARKS, ARTS & RECREATION
DATF
KRISTY PACI ICIARZ, SPECIAL EVENTS COORDINATOR
PARKS, ARTS & RECRLA I ION
DATE c ll
Apreemcnt - Dana Osborn Lund
4 of July Festival 2011
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