HomeMy WebLinkAboutEric Ode dba Deep Rooted Music, LLC X414
AGREEMENT FOR ARTISTIC SERVICE ii��
THIS AGREEMENT is made and entered into this 7�Q)day of Pet. , 2015, by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein
referred to as "CITY" and Eric Ode dba Deep Rooted Music LLC.,whose address is PO BOX 1324,
Sumner, WA 98390 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:
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 to 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 following specific services in its artistic performance:
(1) One 60 minute performance on Wednesday, August 10, 2016, at 12:00 pm. ARTIST
agrees to be on site no later than 11:40 am for set-up and/or sound check. ARTIST
agrees to provide sound system and run sound for performance.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at:
Les Gove Park, 910 Ninth Street SE, Auburn WA 98002
herein referred to as "VENUE"
4. REQUIREMENTS
The CITY shall provide the following for this performance: Covered performance area and
access to electricity, merchandise table and water for entertainers.
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Agreement— Eric Ode dba Deep Rooted Music, LLC.
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5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic performance, the
ARTIST shall receive total compensation of four hundred dollars and no/100 ($400.00)
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 each 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.
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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 Eric Ode dba Deep Rooted Music, LLC.
PO BOX 1324
Sumner, WA 98390
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 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, 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.
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Agreement— Eric Ode dba Deep Rooted Music, LLC.
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ARTIST
Aar
RIC ODE
DEEP ROOTED MUSIC, LLC. p�
ARTIST TAX ID#: 1� - /00 $ '3 0
DATE: /4/o.
CITY OF AUBURN p
di O 4U
DARYL FABER
PARKS, ARTS & RECREATION DIRECTOR
DATE:
1.4 Patil
KRISTY PACHCIARZ
SPECIAL EVENTS COORDINATOR
DATE: Z/ZW IS
Kids Summerstage
Agreement—Eric Ode dba Deep Rooted Music, LLC.
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