HomeMy WebLinkAboutRhys Thomas/Up for Grabs Inc
ORIGINAL 00
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AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this _10 day of
_November , 2010, by and between the City of Auburn, Washington, a Municipal
Corporation of the State of Washington herein referred to as "CITY" and Rhys
Thomas/Up For Grabs, Inc., whose address is, 6647 NE Going St., Portland, Oregon,
97218, 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 of ARTIST's "Concert Program," [(1) 60-minute set from 2-3p, January
22, 2011.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at the Auburn Avenue Theater, 10 Auburn Avenue,
Auburn, WA. 98002, herein referred to as "VENUE."
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4. REQUIREMENTS
A. The CITY shall provide the following for this performance:
0 All promotion of performance, including press releases, paid advertising, radio
public service announcements, brochures and postcards, performance programs
0 Box office -management and staffing
0 Ushers and front-of-house staffing (not incl. merchandise sales - Reference Item
7-C below).
0 Auburn Avenue Theater for load-in and/or rehearsal, plus performance on
Saturday,-January 22, 2011
B. 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 agrees 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
,a.
travel, $1;250:00.
6. PAYMENT
The ARTIST will receive 100 % of the fee at the conclusion of the performance, payable
to- Rhys, Thomas/Up For, Grabs, Inc., by the CITY for the completed work and
performance incompliance 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 ARTIST shall be in compliance with the regulations of the CITY
Finance Department. The ARTIST agreesto be responsible for payment of any and all
taxes, which may be due as ,a result of performance under this contract. Payment shall
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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, representatives or 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.
If the perforrriance'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 to ARTIST 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.
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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 Westhusing
Teen Coordinator
City of Auburn Parks, Arts & Recreation
910 Ninth St.. SE ,
Auburn, WA 98002
ARTIST Rhys Thomas/Science Circus/Up For Grabs, Inc.
6647 NE Going St.
Portland, OR' 97218
503-282-1429
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.
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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,bythelaws 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.
..In the performance of,the work-herein, the ARTIST agrees to. comply, with all.applicable
State and local laws, rules and regulations.
ARTIST
(signatur
ARTIST-TAX ID#:
5o -.Z02_-142q
DIRECT CONTACT PHONE (not agent)
_rrhys@jugglerriania.com
DIRECT CONTACT EMAIL (not agent)
11/10/2010
DATE
3 CITY OF AUBURN.
Dart' Faber, Director
City of Auburn Parks, Arts,. & Recreation
Pf/IL
DATE
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