HomeMy WebLinkAboutEvergreen Brass Quintet
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AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this L day of October, 2004
by and between the City of Auburn, Washington, a Municipal Corporation ofthe State of
Washington herein referred to as "CITY" and Evergreen Brass Quintet, 811:3
Woodland Avenue East, Puyallup, WA, 98371, 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 CITY has agreed to perform the work in compliance with the
terms and conditions of this Agreement;
NOW THEREFORE, the CITY and ARTIST in consideration ofthe 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, costumes,
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 I-hour performance for the Veterans Day Parade to
take place on Saturday, November 6, 2004. Performance is to be held
from 10:00 to 11:00 a.m. and ARTISTS are to arrive at the site no
later than 9:45 a.m.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Auburn City Halll Plaza, 25
West Main Street, Auburn.
The ARTIST agrees and represents that it has inspected the site prior to the
performance and accepts the premises in their present condition. The
ARTIST further agrees to indemnify, defend and hold the CITY harmless
from any and all injury to any person or property arising out of the
condition of or use ofthe site by the ARTIST for its performance.
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Agreement - Evergreen Brass Quintet
September 28, 2004
Page 1 of4
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4. TECHNICAL REOUIREMENTS
The CITY shall provide the following technical assistance for this
performance: NA
5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic
performance, the ARTIST shall receive total compensation offour
hundred dollars and no cents ($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 ofthe 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 mailed to the ARTIST on or before
November 6, 2004. The ARTIST must have the signed contr:act in this
office no later than 5:00 p.m. on Monday, October 4, 2004, to have
check mailed on or before November 6, 2004.
7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY:
N/A.
8. INDEMNIFICATION
The ARTIST agrees to indemnify, defend and hold the CITY, its agents,
representatives and employees harmless ITom and against any arId all
claims, causes of action or demands or any form of liability of allY nature
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 ITom the negligent acts of the CITY,
its agents, representatives or employees.
9. INABILITY TO PERFORM
If ARTIST is incapacitated ITom 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
salary for the time during which the services have not been rend,ered.
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Agreement - Evergreen Brass Quintet
September 28, 2004
Page 2 of 4
II
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 may at its option terminate the Agreement. Such remedies shall be
in addition to any other 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 of Auburn, 910 Ninth Street SE, Auburn, WA 98002;
Evergreen Brass Quintet, 8113 Woodland Avenue East, Puyallup,
W A, 98371.
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.
12. GENERAL PROVISIONS
The following provisions may apply:
A. No waiver by either party of any breach or default hereurlder 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 arld 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 agre,:s to
comply with all applicable State and local laws, rules and
regulations.
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Agreement - Evergreen Brass Quintet
September 28, 2004
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11-
ARTIST
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I ~~VERG~BRASS QUINTET
ARTIST TAX ID#:
DATE:
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CITY OF ~':: .~
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PETER B. LEWIS, MAYOR
16- 5~ D¥
DATE:
APPROVED AS TO FORM:
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Agreement - Evergreen Brass Quint~t
September 28, 2004
Page 4 of4
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