HomeMy WebLinkAboutEmerald City Throwdown
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ORIGINAL
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this ;l~ 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 Pete Sams, dba Emerald City
Throwdown, 20810 - 76th Avenue West, #2, Edmonds, Washington 98026 (Telephone:
206-650-2084), 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 provided herein and the ARTIST agrees lto 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 followin9. specific services in its artistic
gerformance: One two-hour concert with one (1) lS-minute set
reak for the Auburn's Summer Outdoor Sounds and Ciinema
series on Thursday, August 3, 2006 from 7:00 p.m. to ~':OO p.m.
(sunset). ARTIST must be on site by 6:00 p.m. for set-up and
sound check and be ready to perform by 6:4S p.m.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Sunset Park, 13106 - 69th
Street SE, Auburn, Washington.
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Agreement - EMERALD CITY THROWDOWN
April 18,2006
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Summer Outdoor Sounds and Cinema
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4. TECHNICAL REOUIREMENTS
The CITY shall provide the fOIlOWi~ technical assistance for this performance:
Sound equipment consisting 0 one 24-channel mixer; four (4)
powered floor monitors; two (2) direct input boxes; one (1)
NanoVerb effects unit; ~uitar cables; mic cables; spealc:er cables;
one (1) CD player; one 1) sound technician to set up ilnd run
equipment.
5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic
performance, the ARTIST shall receive total compensation of INine
Hundred and NO/l00 Dollars ($900.00).
6. PAYMENT
The ARTIST shall be ~aid by the CITY for the completed work and
performance in comp iance 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 upon
completion of performance on Thursday, August 3,2006, by
check. Contracts must be signed and returned by JunE! 7, 2006,
for payment on August 3, 2006.
7. PROMOTIONAL RESPONSIBILmES
ARTIST shall rrovide the following promotional materials to the CITY:
Promotiona packet including two black-and-white or c:olor
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 neglligent acts
of the CITY, its agents, representatives or employees.
9. INABILITY TO PERFORM
If ARTIST is incapacitated from rendering services through siclkness or
otherwise or if ARTIST cannot perform because of fire, accident, act of
God or impossibility of performance, the ARTIST shall not receive anJ
salary for the time during which the services have not been rendere .
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Agreement - EMERALD CITY THROW DOWN
April 18,2006
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Summer Outdoor Sounds and Cinema
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10. PERFORMANCE RAINOUT
In the event of rain, the CITY will contact the ARTIST by 4:00 p.m. on
Thursday, August 3, 2006 to determine if the performillnCe will be
rescheduled. If rescheduling is not possible within on4:! month,
ARTIST is to be paid on the da~ of the performance. ARTIST
must provide a telephone num er where he/she can be reached
at 4:00 p. m. on the day of the performance. This cont:act
number must be included on the returned signed contl'act.
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 remeclies 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 respectiive parties
as follows:
CITY Laurie Rose
City of Auburn
910 Ninth Street SE
Auburn, WA 98002
ARTIST Pete Sams
dba Emeraltf, City Throwdown
20810 -76 AVE W #2
Edmonds, WA 98026
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 Clnd all
~estions with respect hereto shall be determined by the laws of
teState of Washington.
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Agreement - EMERALD CITY THROWDOWN
April 18,2006
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Summer Outdoor Sounds and Cinema
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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
~~
E SAMS
EMERALD CITY THROWDOWN
ARTIST TAX #: .
DATE: 'S/it/6?:'
, ,
Contact Phone: ZD<; --{0C)-L6~1
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IS, MA Y01
DATE: "S (t C6
ATTEST:
~ D~~L-
Dani Daskam
City Clerk
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Agreement - EMERALD CITY THROWDOWN
April 18,2006
Page 4 of 4
Summer Outdoor Sounds and Cinema
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