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HomeMy WebLinkAboutDon Riggs/Repitile IsleAGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this �) day of ,t/1 . 2015, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Don Riggs /Reptile Isle c/o Pacific Rim Talent, whose address is PO BOX 250, Bothell, WA 98041, 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. 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. SCOPE OF WORK The ARTIST agrees to provide the following specific services in its artistic performance: One (1) 45 minute performance of Reptile Isle, followed by a 30- minute roving show at Kids �Summerstage on Wed.; July 29, 201 5,r at 12:00 pm. ARTIST agrees to be on site no later than 11:30 am for set -up/ sound check. See attached agreement from Pacific Rim Talent for additional information. SITE OF PERFORMANCE The ARTIST will conduct its performance at Les Gove Park, 910 Ninth St. SE Auburn, WA, 98002 herein referred to as "VENUE" 4. REQUIREMENTS The CITY shall provide the following for this performance P/A system and covered stage (no wireless mic). Kids Summer5tage Agreement - 2015 Page 1 of 4 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of five hundred dollars and no /100 ($500.00) 6. PAYMENT The ARTIST shall be paid 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 or his /her designee immediately following the performance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Artist/Company biography, photos (high resolution electronic images) and any artwork specifically pertaining to ARTIST upon signature of this contract. 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 any compensation for the time during which the services have not been rendered. Every effort shall be made between ARTIST and CITY to reschedule the performance(s) at a mutually agreed upon date. 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contact the ARTIST by 10:00 AM on the day of the scheduled performance to determine if the performance will be moved indoors, or be rescheduled. ARTIST must provide a telephone number where ARTIST can be reached at the time /date stated above. If rescheduling is not possible within one year of the event, ARTIST is to be paid on the day of the performance. Kids SummerStage Agreement - 2015 Page 2 of 4 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 Kristy Pachciarz, Special Events Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Don Riggs /Reptile Isle c/o Pacific Rim Talent PO 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. 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, attorneys 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. Kids SummerStage Agreement - 2015 Page 3 of 4 ARTIST DON RIGGS ARTIST TAX ID #: �-a q' -� � " 44 TS4/ DATE: - f' CITY OF AUBURN DARYLFABER PARKS, ARTS & RECREATION DIRECTOR DATE: (i� c"' &-- KRISTY PACHCIARZ SPECIAL EVENTS COORDINATOR DATE: Kids SummerStage Agreement — 2015 Page 4 of 4 Pacific Rim PO Box 250 Phone: (425) 489 -7900 Independent Contractor Talent Bothell, WA 98041 Fax: (425) 482 -9509 Engagement 1) Agreement made on: January 5, 2015 Behveen: Artist Representative: Don Riggs And Representing: Reptile Isle Purchaser: Representing: Auburn Parks & Recreation 2) Date(s) of Engagement: Wednesday July 29, 2015 Starting &finishing times of engagement: Noon — 12.45 PM Sta e Show followed by 15- Minute Rovin 3) Location of ^Les Grove Park Venue Phone Engagement 910 9 St SE Emergency Auburn, WA 98002 Phone Contact Person 4) Job Description: Kids Summer Stage a. Artist shall use their best effort to con fo on to rules and oohne, of the establishment toItill, na all m erta i a men, renui remmr. 5) Contract Price: $500.00 a_ Unless nthervise specified contract price slot 11 include agents veramissimi 6) Purchaser will make payment: 6) Purchaser will make payment TO LEADER AT CONCLUSION OF ENGAGEMENT IN CASH, CHECK, OR MONEY ORDER. Payable to: Don Riggs Tax Number 524 -37 -4954 7) Artist(s) - Independent contractor: a. Punumn to paragraph 3, artist sha 11 m all times have complete superV is ion, direction and control over the scry ices of his personnel on this engagement and caprcvly r..,"' the tight m control die manner, means and details of the performance oC sere we% to to It! l l the emmma inmem requirements. b. The artist executes this agreement as an independent contractor, all as an tour a of the punhuer. Responsibility for appmpriatc payments of payroll tines and charges under applicable federal and local law will be assumed by Artist. 8) Agent Provisions: a. The ua.mning agent u acknowledged m have fully perforated up..n the rommeneentenr of this engagement. He shall not be liable for the default ofa purchaser or the nun - performance of the gaup. No changes in the mntnct a ffecting'gems eonmr "i..... shall be made without the wmwn approval of the avant. b. It Artist si is re booked into this or any establishment represented by the purchaser (including chain buyers of music) within 395 days trot the emanation onhis agreement, purchaser and Leader shall be jointly and severally liable for payment to Pacific Rim Talent lot commission in the rate set forth in this co agemam. c. Ilse perceniage ofcomnussions included in the gross price of this engagement is 15% from Act to PRT d Commission shall be hold in trust by leader as fiduciary, and forwarded to aeem within three (3) days of receipt, or 1) agent has the authority to canal the following engagement, orDar the request of.gv'r, present pu¢has,ris authorized ha withhold from lead,, any co n oiuium due Pacilic Rim Talent. Delinquent ennnt3s1011 shall accrue interest at I 1/210 per nwndr and if litigation is nucessuv for collection_ attorneys fees shall be paid by debt..._ 9) Cancellation / Dispute: This contract canna[ be canceled except by mutual. wrated emr,,al u('both pure haset and leader ref the y iaticians as an Artistic nmup. All disputel or to he firs negotiated through the agency, then, if not resolved. ,'ill be referred to a court of law in Seattle, WA. The prevailing party shall have all attom ti s fees and court touts paid for by the non- po,ailim_: party. 10) Special Provisions Park supplies sound system. The recording. reproduction. or trnumii icn of Artist's performance 'u pmhibimd abxnt wtiucn consent oC anisr. Commencement of engagement to-ether with physical delivery of this contract is devoted to be a verification of an oral agreement and II accept. we of all terms by the no, cha see II Commencement of engagement together with physical deliver of this contract is deemed to be a verification of an oral agreement and acceptance or all terms by the purchaser. cam. Signature of Pun ha Kristy Pachciarz Auburn Parks & Recreation 910 Ninth St SE Address Auburn, WA 98002 (253) 931 -3052 Phone kpachciarz @auburnwa.gov Responsible Agent TE Sign�d�dfi.eadef fl 'OF Don Riggs Reptile Isle PO Box 250 Bothell, WA 98041 (425) 489 -7900 Craig Cooke