HomeMy WebLinkAboutSeattle Opera
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. ORIGIN~L
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this I ~ ~ day of ~~k.-- , 2005, by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein
referred to as "CITY" and Seattle Opera whose address is PO Box 9248, Seattle WA, 98109
(Telephone: 206-676-5563), herein referred to as "ARTIST".
WHEREAS, the cm 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 cm and ARTIST in consideration of the conditions and covenants
herein do agree as follows:
1. RETENTION OF ARTIST
The cm 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: The
Seattle Opera's Young Artists in Performance will perform a two (2) hour concert
on Friday, November 4, 2005, at 7:30 p.m. at Auburn Riverside Theatre.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at the Auburn Riverside Theatre, 501 Oravetz
Road, Auburn, WA 98092.
4. REQUIREMENTS
A. The cm shall provide the following for this performance:
1. All promotion of performance, including press releases, paid
advertising, radio public service announcements and brochures.
2. Box office management and staffing.
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August 25, 2005
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3. Rental of Auburn Riverside Theatre for load-in, rehearsal and
performance on Friday, November 4, 2005.
4. Green Room hospitality, excluding full meals.
5. Ushers and front-of-house staffing.
6. Performance programs.
The ARTIST shall proVide the following for the performance:
1. Provide biographies and photographs of those associated with the
performance for programs and public relations materials by
September 26, 2005.
2. Engage and rehearse the company.
3. Secure person to introduce singers and provide narrative for the
program.
B. Technical Requirements
The CITY shall provide the following technical assistance for this
performance: The CITY will assist with coordination of technical services
between the Auburn Riverside Theatre and the ARTIST. The CITY agrees to
provide technical labor for this production, as detailed in the ARTIST'S
technical rider and approved by the technical director of the Auburn
Riverside Theatre and the ARTIST.
COMPENSATION
In consideration of the services to the cm in connection with the artistic performance, the
ARTIST shall receive total compensation of Two Thousand and NO/l00 Dollars
($2,000.00).
The ARTIST shall be provided twenty (20) complimentary tickets for the
performance. It will be agreed between the CITY and the ARTIST as to the
distribution of these tickets.
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 cm Finance Department. The
ARTIST agrees to be responsible for payment of any taxes, which are normally and typically
payable by the ARTIST as a result of its performance. This does not include admission taxes
and any taxes incident to charges for admission. Payment shall be delivered to the ARTIST
production manager, or hiS/her designate, immediately following the performance.
7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the cm:
The CITY shall market the performance as defined in Section 4. Any other
promotional materials necessary to the performance shall be mutually agreed upon
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between the CITY and ARTIST.
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 to
the extent such claims arise from the negligent acts of the CIlY, its agents, representatives or
employees.
9. INABILTIY 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 OTHER 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 Lori Patrick, Cultural Arts Manager
City of Auburn
910 Ninth Street SE
Auburn, WA 98002
ARTIST Adam Runions
Associate Director of Education
Seattle Opera
PO Box 9248
Seattle, WA 98109
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.
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12. 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 LOSING PARlY agrees to pay all reasonable costs, attorney's fees and expenses
that may be incurred by the PREVAIUNG PARlY 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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ARTIST
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ARTIST TAX 10#:
DATE: ~~~5
CITY OF AUBURN
ATTEST:
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PETER B. LEWlS'~~_
Danielle Daskam
City Clerk DATE:
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