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Home My WebLink AboutCaptain Bogg & Salty (Kevin Hendrickson).~3. t~- oRiciwa~ AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this ~ ~ day of ~ C 2006, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Kevin Hendrickson dba Captain Bogg & Salty whose address is, PO Box 12264, Portland, OR 97212 (Phone: ~ ?' ~~~ ~ 712 kevinhendrickson@mac.com) 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. 2. SCOPE OF WORK The ARTIST agrees to provide the following specific services in its artistic performance: One (1) 45-minute performance of Captain Bogg 8~ Salty show at the Auburn Riverside Theatre on Saturday, February 3, 2007 at 2:00 pm, as part of the Kids' BRAVO series. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at the Auburn Riverside Theatre, 501 Oravetz Road, Auburn, WA, herein referred to as "VENUE". 4. REQUIREMENTS A. The CITY shall provide the following for this performance: All promotion of performance, including press releases, paid advertising, radio public service announcements, brochures and postcards; box office management and staffing; ushers and front-of-house Kids' BRAVO 2006-2007 Agreement - Cpt. Bogg/Salty Page 1 of 4 staffing; performance programs; rental of Auburn Riverside Theater for load-in, rehearsal and matinee performance on Saturday, December 9, 2006 -~ B. The ARTIST shall provide the following for the performance: Provide scores and parts for the company and pay all fees (if any) associated with public performance of music;engage and rehearse the company; provide program copy, biographies, and photographs of performing artists for performance program and public relations materials. .~ C. Technical Requirements: The CITY shall provide the following technical assistance for this performance: The CITY will assist with coordination of technical services between the VENUE and the ARTIST. The CITY agrees to provide technical labor for this production, as detailed in the ARTIST'S technical rider and as approved by the technical director of the VENUE and the ARTIST. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of $1,150.00 (one thousand one hundred and fifty and no/100.) The ARTIST shall be provided up to eight (8) complimentary tickets for the performance. The ARTIST may request tickets in advance or provide the CITY with a guest list prior to the performance. 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's company manager or his/her designee immediately following the performance, 7. PROMOTIONAL RESPONSIBILITIES 8 ARTIST shall provide the following promotional materials to the CITY: A. Promotional materials shall be mutually agreed upon between the CITY and the ARTIST. B. The CITY will market the performance as defined in Section 4. 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 Kids' BRAVO 2006-2007 Agreement - Cpt. Bogg/Salty Page 2 of 4 5z~ Q d~`e s~ a~~ U" 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. 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 ay at its option terminate the Agreement. Such remedies shall be in addition to any her right or remedy each may have. .~ 11. 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, Cultural Arts Manager City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Kevin Hendrickson PO Box 12264 Portland, OR 97212 Phone: kevinhendrickson@mac.com 12 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. 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. Kids' BRAVO 2006-2007 Agreement - Cpt. Bogg/Salty Page 3 of 4 ~ ~ 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. ; cos s, a orney s ees an E. In the performance of the work herein, the ARTIST agrees to comply with all applicable State and local laws, rules and regulations. ARTIST ARTIST TAX ID#: ~ ~~ ~~'~~ ~~ DATE: ~~ ~ l ~ CITY F AU -I_ __..~- PETER B. LEW IS, MAYOR AUG29Z DATE: Kids' BRAVO 2006-2007 Agreement - Cpt. Bogg/Salty Page 4 of 4 AT ST: Danielle Daskam City Clerk G INAL CONTRACT ADDENDUM Captain Bogg & Salty/City of Auburn, Washington Agreement for Artistic Service 4A -CITY Requirements additional language: CITY shall provide a table in a prominent location for the artist to display and sell their CDs and t-shirts. The CITY will reference to Captain Bogg & Salty in all printed and web materials with an ampersand symbol (&) in the title. The CITY will include a link to Captain Bogg & Salty's website: www.eatalime.com. The CITY will provide a minimum of six (6) bottles of drinking water (500 mL or larger) for the ARTIST. 4B -ARTIST Requirements additional language: ARTIST will provide cash bank and personnel for the sale of their CDs and t-shirts. 12D -General Provisions Attorney Fees language change: If any action is required by either party to enforce the provisions of this AGREEMENT, the non-prevailing party shall pay reasonable attorney's fees, costs and expenses to the prevailing party. 12F -General Provisions Hold Harmless Both ARTIST and CITY agree to hold each other harmless from any and all damages that may arise out of any action of each other undertaken in the fulfillment of this AGREEMENT, except in the case of gross negligence. 10 -Termination language change: In the event the ARTIST or the CITY defaults or fails to comploy with any of the requirements of this AGREEMENT, or an obligations hereunder, the CITY or the ARTIST may at its option terminate the AGREEMENT. Such remedies shall be in addition to any other right or remedy each may have. /~%''~ ARTIST (print name) !~ ~ ~' U Date AUBURN Laurie Rose, Cultural Arts Mgr. /.~~-oG Date Captain Bogg addendum Page 1 12/7/2006 /, R ~? G~~C..-+~~1. ~ ~~ 11 /28/06 Hendrickson/Hoskins LLC 503-481-7125 TECHNICAL REQUIREMENTS, Feb. 3, 2007 Captain Bogg & Salty Concert. (Please see accompanying stage plot) Backline and PA to be provided by venue: -PA system with main speakers and at least 4 floor monitors -6 vocal mics with stands (3 booms, 3 straight) -two direct inputs for acoustic guitar and keyboard -additional mics for drum kit and guitar amps -access to two electrical outlets, stage left and right -standard "rock" drum kit with kick, snare, 3 toms, crash, ride, high hats. -bass guitar amplifier (for electric bass) -electric guitar amplifier (combo amp with two speakers preferred) -keyboard stand for single keyboard