HomeMy WebLinkAboutSteve Hamilton/Steve the Pretty Good Magician �, . • - 3 165
;.-713= °
* _ THAN YOU'MAGINEO
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 Steve Hamilton/Steve the Pretty Good Magician,whose address is, 812 Ryan Ave., Sumner,
WA, 98290, 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:
Two performances 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."
Agreement—Steve Hamilton/Steve the Pretty Good Magician
Page 1 of 4
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
• 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, $1000.00.
6. PAYMENT
The ARTIST will receive 100 % of the fee at the conclusion of the performance, payable to Steve
Hamilton/Steve the Pretty Good Magician, 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—Steve Hamilton/Steve the Pretty Good Magician
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 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 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
ARTISTSteve Hamilton
812 Ryan Ave.
Sumner, WA 98390
253-278-9992
stevehamilton1@mac.com
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.
Agreement-Steve Hamilton/Steve the Pretty Good Magician
Page 3 of 4
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 t• comply with all applicable State and local laws,
rules and regulations.
AR S
(sigma. uure
ARTIST TAX ID#On file
253-278-9992
DIRECT CONTACT PHONE (not agent)
stevehamilton 1a,mac.com
DIRECT CONTACT EMAIL (not agent)
1--6 v /
DATE
CITY OF AUBURN
Daryl Faber,Director
City of Auburn Parks, Arts, & Recreation
DATE
Agreement—Steve Hamilton/Steve the Pretty Good Magician
Page 4 of 4