HomeMy WebLinkAboutBrian Dijulio dba One Eyed Jack (2)
ONC E D l
RAN N~'~O(1
AGREEMENT FOR ARTISTIC SERVICE "
THIS AGREEMENT is made and entered into This - day of 20110, by and
1,Htween the City of Auburn, Washington, a Municipal Corimiation of the Stele of Washington herein
referred to as "CITY" and Brian Dijulio dba One Eyed Jack, whom- address ~s c/o Pacific Rim
Talent, PO BOX 250, Bothell, WA, 98041; phone 425-489-7900, herein referred to as "ARTIST".
WFILRL:AS, the CITY desires to contract with the ARTIST to provide an artistic performannm
for the public in Auburn, Washington; and
VVI ILHEAS, the ARTIST has agreed to perform the work in compliance with the terms and
conditions of this Agreement
NOW THFRFFOP\L, the CITY and AN I IST in consideration of the conditions and covenants
herein do agree as foVowA:
1 RETENTION OF ARTIST
Tire 01 1 Y does hereby retain the ARTIST to perform the work and services described Therein.
The parties agree that the ARTIST is an independent contractor and sir-ill furnish all
supervision, labor, and all other incidentals except as specifically provided herein and the
ARTIST agrees to conduct and compielo the performance in a competent and professional
manner in accordance with the tHmrs of this Agreement.
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 4"' of July event on Monday, July
4, 2011, from 11:00 am to 12:30 pm (no set break). ARTIST will be on-site no later than
10:15 am for set-up and sound check. See attached agreement from Pacific Rim Talent
for more information.
3. SITE 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. RLQ IIIREMENTS
The CITY shall provide the following for this pei formance: 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.
- -
A~rerrrient -One Eyed Jack
4` of duly Festival 2011
Paye t of 4
5. COMPLNSAIION
In consideration of 'he service:; In the CITY in connection with the artistic performance, the
ARTIST shall receive total compensation of five-hundred dollars and no/100 ($500.00).
0. PAYMFNT
1 he AR I IST shall be paid by the CITY foi Ilie completed work and performance in compliance
with the terms of this Agreement. Such payment shag be full componsation for all work
performed and services rendered under the terms of this Agreement. The payment to the
ARIIS F shall be in compliance with the ragulalions of the CITY I inance Department The
AR FIST agrees to be responsible fr:r payment of any and all taxes, which may hH 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
ARTIST shall provide the following promotional materials to the CITY. Company bio, photos
(high resolution electronic images) and any arhwork specifically pertaining to ARTIST at he
upon signature of this contract
0. 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 riot limited to any copyright infringements for
musical performances, arising out of the performance and obligalions contained in this
Agroernent on the part of the ARTIST, its agents, representatives and employees except
where Such claims arise solely from the negligent acts of the CI I Y, its agents, representatives
or employees.
9. INARII ITY TO PERFORM
If ARTIST is incapacitated from rendering services through sickness or otherwise, or if
ARTIST cannel perform because of fire, accident, act of Cod or impossibility of perfornmance,
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.
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{ 4ieuimnl - One Fyed Jack
4 of July Fesl ival AM
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10. PERFORMA.NCL RAINOU f
nla. Event is held rain or shine.
11. TERMINATION
In the event the ARTIST or the CITY defa:dls or fails to comply %viih any of the requirements of this
Agreement, or any obligations hereunder, the CITY may at its option terminate thy Agreement Such
remedies shall be in additon to any other right or remedy each may have.
12. NOTICFS
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 addrr:ssed to the
respective parties as follows'
CITY Kristy Pachciarz, Special Events Coordinator
City of Auburn
910 Ninth Street SF.
Auburn, WA 9800
ARTIST Brian Dijulio dbei One Eyed Jack
c/o Pacific Rim Talent
PO BOX 250
Bothell: 1r+lA8041
Lithar parry may at any tune 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 Agreernerd may not be changed or modified nor any provision hereof waived
except in writing agreed to by both paitir,s.
C. This Agreement sliall be construed in accordance will) and all questions with respect
hereto shall be determined by the laws of the State of Washington.
D. The ARTIS f agrees to pay all reasonable costs, attorney's fees and expanses that
may be incurred by the GI FY in enforcing. the provisions of this Agreement.
E. In the performance of the work herein, the ARTIST agrees to comply with all
applicable Stale and local laws, rules and regulalidnS.
Aveement - One Eyed Jack
q of Juty Festival 2011
P,ige 3 of 4
ARTIST i
ONL FYE_D JACK
DATL:
CITY OF AUBURN
DARYL FABER, DIRECTOR
PARKS, ARTS RFGRLATION
/i - - - -
DATE:
KRISTY PACHC~ARZ, SPECIAL EVLNTS COORDINATOR.
PARKS, ARTS & RFCREATION
DATE: -_f1 V -
Ar JuIY fPoval Jaci<
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