HomeMy WebLinkAboutBrian Dijulio dba One Eyed Jack
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AGREEMENT FOR ARTISTIC SERVICE G~~{44
THIS AGRLLMLN I is made and entered into this day of t , 2010, by and
between the City of Auburn, Washington, a Municipal Corporation of the state or Washington herein
referred to as "CITY" and Brian Dijulio dba One Eyed Jack, whose address is c/o Pacific Rim
Talent, PO BOX 250, Bothell, WA, 98041; phone 425-489-7900, herein referred to as "ARTIST".
WHEREAS, the CITY desires to contract with the AN 1161 to provide an arlistic performance
for the public in Auburn, Washington, and
WHEREAS, the ARTI51 has agreed to perform the work in compliance with the terms and
conditions of this Agreement;
NOW TI ILRLFORE, the CITY and ARTIST in consideration of the conditions and covenants
herein do agree as follows:
1. RETENTION OF ARTIST
fhe CITY does hereby retain the ARTIST to perform tho work and services described herein.
The parties agree that the ARTIST is an independent cnnlractor 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
90 minute performance of One Eyed Jack for Auburn's Summer Sounds & Cinema event
on Friday, August 5, 2011, from 7:00pm - 8:30pm (no set break). ARTIST will be on-site
no later than 6:15 pin for set-up and sound check. See attached agreement from Pacific
Rim Talent for more information.
3. SITL OF PERFORMANCL
The ARTIST will conduct its performance at Sunset Park, (130669 'h Street SE), Auburn,
WA, 98092 herein referred to as "VENUE"
4. REQUIRFMLN'rS
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; inic cables and stands; speaker cables; one CD
player; one sound technician to set up and run equipment.
Agreement One Fyed Jack
Summer Sounds & Cinema 2011
Page 1 of 1
6. COPIIPFNSATION
In consideration of the seivires to the CITY in connection with tile. artistic performance, the
ARTIST sha!I receive total compensation of five-hundred dollars and no1100 ($500.00).
6. PAYMFNT
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 he full compensation for all work
performed and services rendered under the leans 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. Payment shall be delivered to the ARTIST's
company manager or his/her designee immediately following the performance.
7. PROMOIIONAL RESPONSIRILITIES
ARTIST shall provide the following promotional materials to the CITY: Company bio, photos
(high resolution electronic images) and any artwork specifically pertaining to ARI IST at the
upon signature of this contract.
8 INDLMNIF CATION
The ARTIST agrees to indemnify, defand 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 hecause of fire, accident, act of Ond 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 - One Lyed Jack
Summer Sounds & Cinema 2011
Page 2 of 4
10. PFRFORMANCE RAINOU I
In the event of rain, the CITY will contact the ARTIST no later than 12:00pm on Friday, August 5,
2011, to determine If the performance will be moved indoors or rescheduled. ARTIST must
provide a telephone number where ARTIST can be reached at the tirneldate stated above. If
rescheduling is not possible within one year of the event, ARTIST is to be paid on (tie day of
the performance.
11. TERMINAIION
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.
12. NOIICES
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 afldressed to the
respective parties as follows:
CITY Kristy Pachciarz, Special Events Coordinator
City of Auburn
910 Ninth Street SE
Auburn, WA 98002
ARTIST Brian Dijulio dba One Eyed Jack
c/o Pacific Rim Talent
PO FOX 2.50
Bothell, WA 98011
Either party may at any time designate a different address to which notices shall he sent
Notice given in accordance with these provisions shall be deemed received when mailed.
GENERAL PROVISIONS
The following provisions may apply:
A. No waiver by either party or 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 AR [IS I 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.
F. In the performance of the work herein, the ARTIST agrees to comply with all
applicable State and local laws, rules and regulations.
Agreement One Eyyed Jack
Summer Sounds & Cnema 2011
pnge 3 of 4
ARTIST
ONL E-('
ARTIST TAX I v /
DATE:
CITY OF AUBURN
DARYL FABER, DIRECTOR
PARKS, ARTS & RECREATION
DATE: 9r y/ /u
KRISTY rACHCIAR 1 SPECIAL LVENTS COORDINATOR
PARKS, ARTS & RECREATION
DATL:
Agreement - One Eyed Jack
Summer Sounds & Cinema 2011
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