HomeMy WebLinkAboutEric Haines of Comedy Rocket AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this_23nd day of_August_, 2011,
by and between the City of Auburn,Washington, a Municipal Corporation of the State of
Washington herein referred to as "CITY"and Eric Haines of Comedy Rocket,whose address
is, 5424 151st PL SE, Everett,WA 98208; phone, 206-948-4462 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 sixty minute performance of Eric Haines, of Comedy Rocket on Saturday,
December 10, 2011,from 2:00 to 3:30pm,and from 7:00-8:30pm. ARTIST will be on
site by 12:30pm for the matinee show set-up and 5:30pm for the evening
performance.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at the Auburn Avenue Theater, 10 Auburn
Ave. Auburn,WA 98002, herein referred to as "VENUE
4. REQUIREMENTS
The CITY shall provide the following for this performance: Lights and Sound equipment
and Technical support, as per arrangements to be made at a future date.
5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic performance,
the ARTIST shall receive total compensation of one thousand and no1100 dollars
($1000.00).
Agreement—Eric Haines
•
6. PAYMENT
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 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 performance under this contract. Payment shall be
delivered to the ARTIST immediately following the performance..
7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY: Artist bio, photos
(high resolution electronic images)and any artwork specifically pertaining to ARTIST
upon signature of this contract.
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, 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.
10. PERFORMANCE RAINOUT
In the event of rain,the CITY will contact the ARTIST by 2:00pm on the day of the
performance to determine if the performance will be moved indoors or
rescheduled. ARTIST must provide a telephone number where ARTIST can be
reached at the time/date 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. 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.
Agreement—Eric Haines
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
certified mail addressed to the respective parties as follows:
CITY Jim Westhusing, Teen Coordinator
City of Auburn
910 Ninth Street SE
Auburn, WA 98002
ARTIST Eric Haines
5424 151st PL SE
Everett, WA 98208
206-948-4462
eric@comedyrocket.com
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.
13. 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 by the laws of the State of Washington.
Agreement—Eric Haines
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.
E. In the performance of the work herein, the ARTIST agrees to comply with all
applicable State and local laws, rules and regulations.
ARTIST
7
ature)
ARTIST TAX SSN#:
_206-948-4462
DIRECT CONTACT PHONE#(not agent)
_
ericcomedyrocket.com
DIRECT CONTACT EMAIL (not agent)
DATE
CITY OF AUBURN
(Signature)
DARYL FABER, DIRECTOR
PARKS, ARTS & RECREATION
DATE
Agreement—Eric Haines