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