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AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this day of . 2005,
by and between the City of Auburn, Washington, a Municipal Corporation of the State of
Washington herein referred to as "CITY" and the Auburn Symphony Association, whose
address is P. O. Box 2186, Auburn, WA 98071 (Telephone 253-939-8509), 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 incidental Is .
except as specifically provided herein and the ARTIST agrees to condud: 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: Two (2) concerts, Saturday, October 15,2005, at
7:30 p.m. and Sunday, October 16, 2005, at 2:30 p.m. at the Auburn
Performing Arts Center. The ARTIST will provide a speaker for a
pre-performance lecture. The lecture will begin 45 minutes prior to, the
performance.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at the Auburn Performing Arts C:enter,
700 East Main Street, Auburn, Washington 98001.
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BRAVO! 2004-2005
Agreement - Auburn Symphony 1
August 22, 2005
Page 1 of 5
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4. REQUIREMENTS
A. The CITY shall provide the following for this performance:
1. Rental of Auburn Performing Arts Center for rehearsals
Friday, October 14, 2005. Rental of Performing Arts Center
for performances on Saturday, October 15, 200!i and
Sunday, October 16, 2005.
2. Green Room hospitality, excluding full meals for' musicians.
3. All promotion of performance, including press rE!leases, paid
advertising, radio public service announcemen~;, radio
interviews, brochures and postcards.
4. Box office management and staffing
5. Ushers and front-of-house staffing.
6. Distribution of postcards.
The ARTIST shall provide the following for the performance:
1. Provide scores and parts for musicians and pay oilll fees (if
any occur) associated with public performance (].f the music.
2. Engage and rehearse the musicians and guest artists.
3. Public information/promotion appearance of conductor,
and/or musicians.
4. Provide biographies and photographs of condudor, guest
artist, and concertmaster and public relations miitterials by
August 25, 2005.
5. Assist with ticket sales promotions.
6. Secure music historian to provide pre-performanlce
educational lecture and program notes.
B. Technical Requirements
The CITY shall provide the following technical assistance for this
performance: The CITY will assist with coordination of technicClI
services between the Auburn Performing Arts Center and the AIRTIST.
The CITY agrees to provide technical labor for this production, iitS
detailed in the ARTIST'S technical rider and approved by the telchnical
director of the Auburn Performing Arts Center 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 Twenty
Thousand and NO/100 Dollars ($20,OOO.). The CITY further agrlees
that should ticket revenue exceed Twenty Thousand and NO/100
Dollars ($20,000.) for the performances, the additional ticket rE!VenUe
will be divided on a 60:40 ratio, with the ARTIST being paid 60llVo of
the difference, and the CITY keeping 400/0.
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BRAVO! 2004-2005
Agreement - Auburn Symphony 1
August 22, 2005
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The ARTIST shall be provided 40 complimentary tickets per
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 wiith 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
President of the Board of Directors of the Auburn Symphony, o,r
his/her designate, immediately following the last performanCEi.
7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY:
The CITY shall market the performance as defined in Section 4.
8. INDEMNIACATION
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 slUch
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 cm' may at
its option terminate the Agreement. Such remedies shall be in addition to any
other right or remedy each may have.
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BRAVO! 2004-2005
Agreement - Auburn Symphony 1
August 22, 2005
Page 3 of 5
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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 SE~rved 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 Barbara J. Gehrett, Board President
Auburn Symphony Orchestra
PO Box 2186
Auburn, WA 98071
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 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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BRAVO! 2004-2005
Agreement - Auburn Symphony 1
August 22, 2005
Page 4 of 5
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ARTIST
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DATE:
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ATTEST:
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D lie Daskam
City Clerk
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BRAVO! 2004-2005
Agreement - Auburn Symphony 1
August 22, 2005
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