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00,1THAN YOU IMAGINED
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this_29th 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 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)one and one half hour set from 2-3:30pm
(one third of act), and (1) one and one half hour set from 7-8:30pm (one third of act), on Saturday,
December 10th, 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."
4. REQUIREMENTS
A. The CITY shall provide the following for this performance:
• All promotion of performance, including press releases, paid advertising, radio public
service announcements, brochures and postcards, performance programs
• Box office management and staffing
Agreement— Rhys Thomas/Up For Grabs,Inc.,
Page 1 of 4
• Ushers and front-of-house staffing (not incl. merchandise sales- Reference Item 7-C
below).
• Auburn Avenue Theater for load-in and/or rehearsal, plus performance on Saturday,
December 10, 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 travel, $1,200.00.
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 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'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.
Agreement—Rhys Thomas/Up For Grabs, Inc.,
Page 2 of 4
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 claim s 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 performance 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.
11. 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 Parks, Arts& Recreation
910 Ninth St. SE
Auburn, WA 98002
ARTISTRhys Thomas/Science Circus/Up For Grabs, Inc.
6647 NE Going St.
Portland, OR 97218
503-282-1429
gr ienrorirr.sagrlL ron4 --tin,c ej J ) emixikta.,GO OA
Agreement—Rhys Thomas/Up For Grabs,Inc.,
Page'3 of 4
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
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 by the laws 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
(signat )
ARTIST TAX ID#:
/1. --4-1-372-7-4706.3-8-- Sd3 r S2—litZ I
DIRECT CONTACT PHONE (not agent)
_rhys @jugglemania.com
DIRECT CONTACT EMAIL (not agent)
1—(6-r�
DATE
CITY OF AUBURN
Daryl Faber, Director
City of Auburn Parks, Arts, & Recreation
DATE
Agreement—Rhys Thomas/Up For Grabs, Inc.,
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