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HomeMy WebLinkAboutRowdy Refs Gam Show A -:os. I (.,. ....s ORIGINAL AGREEMENT FOR ARTISTIC SERVICE f'\. THIS AGREEMENT is made and entered into this d.8 0/ day of April, 2006 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Pat Slusher, dba Rowdy Refs Game Show, c/o Pacific Rim Talent, Box 250, Bothell, Washington 98041 (Telephone: 425- 489-7900), 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 CITY 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 rrcrovided herein and the ARTIST agrees to conduct and complete the pe ormance 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 fifty-minute cCerformance for Auburn's Kids' Summer Sounds series on We nesday, July 26, 2006, from 12:00 noon to 1:00 p.m. ARTIST must be on site by 11:00 a.m. for set- up and sound check and be ready to perform by 12:00 noon. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Les Gove Park, 11th ST SE and Auburn Way South, Auburn, Washington. ---------..--------------------------------- Agreement - Rowdy Refs April 18, 2006 Page 1 of 4 Kids SOS I 4. TECHNICAL REOUIREMENTS The CITY shall provide the following technical assistance for this performance: PA system with one wireless hand-held microphone. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of Seven Hundred Fifty and No/l00 Dollars ($750.00). 6. PAYMENT The ARTIST shall be paid by the CITY for the completed work and performance in compliance with the terms of this A~reement. Such payment shall be full compensation for all work pe ormed 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 provided to the ARTIST by check upon completion of performance on Wednesday, July 26, 2006. Contracts must be signed and returned by June 7, 2006, for payment on July 26, 2006. 7. PROMOTIONAL RESPONSIBILmES ARTIST shall rrovide the following promotional materials to the CITY: Promotiona packet including two black-and-white or color images, biographies, and/or company information. 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 a~ salary for the time during which the services have not been rendere . ....----....------...---------..------------------ Agreement - Rowdy Refs April 18, 2006 Page 2 of 4 Kids SOS ----,-" . r 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contact the ARTIST by 9:00 a.m. on Wednesday, July 26, 2006, to determine if the performance will be moved mdoors to the Auburn Senior Activity Center, 808 Ninth Street SE, Auburn, Washington. ARTIST must provide a telephone number where he/she can be reached at 9:00 a. m. on the day of the performance. The contact number must be included on the returned signed contract. 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. 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 Laurie Rose City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Pat Slusher dba Rowdy Refs Game Show c/o Pacific Rim Talent P. O. Box 250 Bothell, WA 98041 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 A~reement may not be changed or modified nor any provision hereo waived except in writing agreed to by both parties. C. This Agreement shall be construed in accordance with and all ~estions with respect hereto shall be determined by the laws of teState of Washington. -------------------..------...---------------- Agreement - Rowdy Refs April 18, 2006 Page 3 of 4 Kids SOS .,-- I 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 PAT SLUSHER ROWDY REFS GAME SHOW ARTIST TAX #: DATE: Contact Phone: CITY OF AUBURN PETER B. LEWIS, MAYOR DATE: APPROVED AS TO FORM: Daniel B. Heid City Attorney --....-----...------------..---.....---------......---- Agreement - Rowdy Refs April 18, 2006 Page 4 of 4 Kids SOS -,-_.._------,,-- I 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. ~~"=~~==-~ PATS SHER ROWDY REFS GAME SHOW ARTIS[ Tlr /v~ ~ -? DATE: 0!.J, 1/(:, .-0; Contact Phone: ~'- a 3"- /r;:t!'" CITY OF AUBURN ~~ .- PETER B. E:I~~ MAY~ ~~~ DATE: S' (. ~ ATTEST: ~ ~J:J/J~ Dani Daskam City Clerk --------------......----.....---------.....-----...---- Agreement - Rowdy Refs April 18, 2006 Page 4 of 4 Kids SOS .-.-..----...--.- I