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Home My WebLink AboutEileen Ivers and Immigrant Soul ~ ~,ICo,~ # 35313 , ORIGINAL , AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this -1i- day of ~ 2006, by and between the City of Auburn, Washington, a Municipal Corporation 6JS>.e State of Washington herein cl'JCIn ,fr.Jisk L:J-4 O^ heludf 0+- referred to as "CITY" an i1een Ivers and Immigrant Soul whose address is, c/o ICM Artists, Ltd., 40 W. sih St., New York, NY 10019 , 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 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 ct The ARTIST agrees to provide the following specific services in its artistic performance: Eileen Ivers and Immigrant Soul will conduct (1) rehearsal, Friday, February 16 at 2:30pm and perform (2) two performances, Saturday, February 17 at 7:30pm and Sunday, February 18 at 2:30pm, as guest artists with the Auburn Symphony Orchestra. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at the Auburn Performing Arts Center, 700 E. Main, Auburn, WA. herein referred to as "VENUE" 4. REQUIREMENTS A. The CITY shall provide the following for this performance: three nights hotel accomodations for (1) one King and (4) singles; one (1) full meal on Friday, February 16 and Green Room hospitality (including fruit, snacks and bottled water, but excluding full meals) on Saturday, February 17 and Sunday, February 18. 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 staffing; --.......----...----..------------------------------------------------ BRAVO! 2006-2007 Agreement - Eileen Ivers and Immigrant Soul Page 1 of 4 Pr€.se..A+-e.r ~...,-- . - .~_.- ( performance programs; rental of Auburn Performing Arts Center for load-in, rehearsal on Friday, February 16 and performances on Saturday, February 17 and Sunday, February 18. 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, including one rehearsal with Auburn Symphony Orchestra (Fri., Feb. 16, 2006 at 2:30pm at VENUE); provide program, biographies, and photographs of performing artists for performance program and public relations materials. 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 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 A total offifteen thousand and no/100 ($15,000.00) performance fee, inclusive of travel. The ARTIST shall be provided up to ten (10) complimentary tickets for each 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. A deposit of seven thousand five hundred ($7,500.00) upon complete execution of this contract with balance of seven thousand five hundred ($7,500.00) payable to payable to ICM Artists, L TO., Sunday, February 18, 2006. Payment shall be delivered to the ARTIST's company manager or his/her designee immediately following the performance, 7. PROMOTIONAL RESPONSIBILITIES 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. --------------------------------------------------------------- BRAVO! 2006-2007 Agreement - Eileen Ivers and Immigrant Soul Page 2 of 4 --'--"--~ ._-~-_.. , 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 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 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 Laurie Rose, Cultural Arts Manager City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Eileen Ivers and Immigrant Soul c/o ICM Artists, Ltd. 40 W. sih St. New York, NY 10019 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. --------------------------------------------------------------- BRAVO! 2006-2007 Agreement - Eileen Ivers and Immigrant Soul Page 3 of 4 --.,-.-...-. ..__._--.---~. 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. ARTIST , 9:2~r-- " ICtf( k ir/> {-/-PI, ARTI T ID#: /?- DATE: ?//'11~ ~ CI~ ----- , --- -< PETER B. LEWIS, MAYOR JUN 1 9 2006 DATE: ~~j~ 'Danielle Daskam City Clerk ------------------------------------------------------...-------- BRAVO! 2006-2007 Agreement - Eileen Ivers and Immigrant Soul Page 4 of 4