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AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this I-; day of Ma. r(/'1, 2013, by and
between the City of Auburn, Washington (PRESENTER), a Municipal Corporation of the State of
Washington herein referred to as "CITY" and 13V WA Army Band whose contact information is,
Building 1 Camp Murray, Tacoma WA 98430, herein referred to as "ARTIST."
WHEREAS, the CITY desires to contract with the ARTIST to provide a performance
(performances) 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: The ARTIST agrees to provide the following specific services:v2 -pm- Sunday,
a=:_—December-8.2013.:;%Red, White and Blue Holiday Concert. One (1) performance to include
intermission.
3. SITE OF PERFORMANCE: The ARTIST will conduct its performance at the AUBURN
PERFORMING ARTS CENTER, 700 E. MAIN ST. (NOTE: Venue is NOT the presenter!) herein referred
to as "VENUE"
4. REQUIREMENTS
a. The CITY shall provide the following for this performance: Promotion of performance
and performance programs, Box office management and staffing; Ushers and front -of -house
staffing (not incl. merchandise sales - Reference Item 7 -C below).
b. 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, Provide program content, biographies, and optional
photographs of key production staff ARTISTS for performance program and public relations
materials with the execution of this contract, Additional promotion of event as negotiated with
CITY.
C. Technical Requirements: The CITY shall provide the following technical assistance for
this performance: The CITY will assist with coordination of technical services between the
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VENUE and the ARTIST. The CITY agrees to provide, through the VENUE, technical labor for
this production, as detailed in the ARTIST'S Technical rider (See Addendum) and as approved by
the technical director of the VENUE and the ARTIST.
PROMOTIONAL RESPONSIBILITIES
a. Promotional materials shall be mutually agreed upon between the CITY and the ARTIST.
b. The ARTIST assumes sole and total responsibility for all of ARTIST Merchandise
Concessions, if any, including inventory cash bank credit card supplies and sales
personnel. ARTIST maintains 100% of total sales receipts of ARTIST Merchandise. The
CITY and /or VENUE will provide (1) table in the lobby of the VENUE for Merchandise
Sales. If ARTIST cannot provide sales personnel, the CITY will provide up to two
volunteer personnel. ARTIST and /or AGENT must sign a waiver releasing the CITY of
any liability regarding the sale of merchandise.
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
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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, through no
fault of the CITY, the performance(s) (Item 2: Scope of Work) shall be rescheduled at a mutually
agreed upon date to occur not more than 12 months following the date of the initially scheduled
performance, either at the same VENUE as initially scheduled or at another comparable venue
available to the CITY for such performance. If the performa
I me frame, 00 % -of-^ eposit (Itern a Payment Schedule) pa a t, �_haA_be_returned _ to
CITY.
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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 Maija McKnight, Arts Coordinator
City of Auburn Parks, Arts & Recreation
910 Ninth Street SE
Auburn, WA 98002
253 - 931 -3043 1 mmcknight @auburnwa gov
ARTIST 133ftl WA Army Band
Bldg 1, Camp Murray
Tacoma, WA 98430 -5001
www. 133armybandwashingtonarmyguard .org
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.
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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
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CITY OF AUBURN
Dary�er�Director Parks, Arts and Recreation
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DATE
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