HomeMy WebLinkAboutAlex Zerbe dba Brothers from Different Mothers
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ORIGINAL
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this 2~. day of Aprilj, 2006 by
and between the City of Auburn, Washington, a Municipal Corporation of the State of
Washington herein referred to as "CITY" and Alex Zerbe, dba Brothers from Different
Mothers, ~'3'3; (:. v~Dy 8vdl...w...1 J gut:llh'I.~sll;!44.2, QI)'J+lpi"'. \....d~~t9R-...9:B~ 5 225 A5P;~lJ..11
L..T. NW
(Telephone: 206-963-2953 ), herein referred to as "ARTIST." O\'i~;"1 \..1.11 q8~
WHEREAS, the CIlY desires to contract with the ARTIST to provide an artistic
performance for the public in Auburn, Washington; and
WHEREAS, the CIlY has agreed to perform the work in compliance with the
terms and conditions of this Agreement;
NOW THEREFqRE, the CIlY and ARTIST in consideration of the conditions and
covenants herein do agree as follows:
1. RETENTION OF ARTIST
The CIlY 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 ceerformance for Auburn's Kids'
Summer Sounds series on We nesday, July 12, 2006, f."om 12:00
noon to 1:00 p.m. ARTIST must be on site by 11:00 a.l1n. 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 Gave Park, 2.1 th ST SE
and Auburn Way South, Auburn, Washington.
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Agreement - Brothers from Different Mothers
April 18,2006
Page 1 of 4
Kids 50S
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4. TECHNICAL REOUIREMENTS
The CIlY 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 CIlY in connection with the artistic
performance, the ARTIST shall receive total compensation of INine
Hundred and NO/100 Dollars ($900.00).
6. PAYMENT
The ARTIST shall be paid by the CIlY for the completed work and
performance in compliance with the terms of this Ar?creement. 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 12, 2006.
Contracts must be signed and returned by June 7,20015, for
payment on July 12, 2006.
7. PROMOTIONAL RESPONSIBILmES
ARTIST shall rrovide the following promotional materials to the CITY:
Promotiona packet including two black-and-white or (: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 negligent acts
of the CIlY, its agents, representatives or employees.
9. INABILIlY 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 anJ
salary for the time during which the services have not been rendere .
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Agreement - Brothers from Different Mothers
April 18, 2006
Page 2 of 4
Kids 50S
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10. PERFORMANCE RAINOUT
In the event of rain, the CITY will contact the ARTIST by 9:0C) a.m. on
Wednesday, July 12, 2006, to determine if the performance will
be moved indoors 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:()0 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 here~under, the
CIlY 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 Alex Zerbe
Brothers from Different Mothers
2997 Crosby BLVD SW #412
Olympia, WA 98512
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 - Brothers from Different Mothers
April 18, 2006
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Kids 50S
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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
/6ZL
A ZERBE
BROTHERS FROM DIFFERENT MOTHERS
ARTIST TAX #: .'
DATE: 5/26/06
Contact Phone: 206 - q~:~- ?4S3
FAU ~
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DATE: S ~ ltzc
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Dani Daskam
City Clerk
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Agreement - Brothers from Different Mothers
April 18, 2006
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Kids 50S
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