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HomeMy WebLinkAboutSeattle Opera A'3.(~.5 . 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. -------------------------------------------------------...------- BRAVO! 2005-2006 Agreement - Seattle Opera August 25, 2005 Page 1 of5 ~t .''''>''-'' . .~~_._---"_.__....,-'_.._-"._-~----_._-_._-- ~ 1---- 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 --------------------------------------------------------------- BRA YO! 2005-2006 Agreement - Seattle Opera August 25, 2005 Page 2 of5 ~r ~ -_._---~._~--, I 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. --------------------------------------------------------------- BRA YO! 2005-2006 Agreement - Seattle Opera August 25, 2005 Page 3 of 5 ~r ------... "...-----. ----. ~ I . 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. , --------------------------------------------------------------- BRA YO! 2005-2006 Agreement - Seattle Opera August 25, 2005 Page 4 of5 ~r w'..____.__._______."._ "'u_,,"_._.. --._----------_._-_...~ . ARTIST ~ ARTIST TAX 10#: DATE: ~~~5 CITY OF AUBURN ATTEST: ~ ~ ~ PETER B. LEWlS'~~_ Danielle Daskam City Clerk DATE: --------------------------------------------------------------- BRA YO! 2005-2006 Agreement - Seattle Opera August 25, 2005 Page 5 of5 ~ --...---- ---- ~