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AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this ~ day of„~~ , 2007, 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, herein
referred to as "ARTIST"
WHEREAS, the CITY desires to contract with the ARTIST to provide an artistic school residency
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:
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 in its program: One (1) "Opera
Goes to School" residency program the week of February 12 - 16, 2007, at Pioneer
Elementary School, Auburn, WA.
SITE OF PERFORMANCE
The ARTIST will conduct its program at the Pioneer Elementary Auburn, WA, herein referred to
as "VENUE".
4. REQUIREMENTS
A. The VENUE shall provide the following for this performance: (Reference attached
addendum).
2007 Artist-in-Residence
Agreement -Seattle Opera
Page 1 of 4
The ARTIST shall provide the following for the performance: (reference attached
addendum).
B. Technical Requirements: The CITY shall provide the following technical assistance
for this performance: n/a
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 of two thousand and no/100 ($2,000.00)
performance fee, inclusive of travel.
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. Payment shall be mailed to the ARTIST's company
following the performance on February 16, 2006.
7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY: n/a
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.
2007 Artist-in-Residence
Agreement -Seattle Opera
Page 2 of 4
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 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.
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.
2007 Artist-in-Residence
Agreement -Seattle Opera
Page 3 of 4
ARTIST..°~~~~~
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ARTIST TAX ID#:
DATE : `~/~~~C~~~°---~
CITY OF A B~IUR J
V
PETER B. LEW IS, MAYOR
FEB 1 2 2007
DATE:
A EST•
Danielle Daskam
City Clerk
AP R ED T
niel B. He
City Attorney
2007 Artist-in-Residence
Agreement -Seattle Opera
Page 4 of 4
ADS
This letter, dated February 5, 2007, shall serve as an agreement between Pioneer Elementary
(SCHOOL), and Seattle Opera (ARTIST), in conjunction with the attached agreement between
Seattle Opera and the City of Auburn.
DEFINITION
The SCHOOL hereby agrees to cooperate with the ARTIST to perform a 4-day educational residency
at the SCHOOL to culminate with an all-school invited performance on the following schedule:
Event Title:
Venue:
February 13, 2007:
February 14, 2007:
February 15, 2007:
February 16, 2007:
SCOPE
Seattle Opera's Theft of the Gold: The Ring Begins
Pioneer Elementary
Full-day preparation of students in groups
Full-day preparation of students in groups
Full-day preparation of students
Afternoon final presentation at all-school invited assembly
Theft of the Gold: The RING Begins is a new work that will be performed by the ARTIST and the
SCHOOL in a 4-day residency. The residency will include three days of student preparation
including musical and stage direction. The presentation of the piece on the fourth day will include
singers, actors, and students performing together in a staged performance of the opera.
The ARTIST will provide a children's opera, sheet music, a curriculum guide, six singers, one
accompanist, one stage manager, two Teaching Artists, sets, props and costumes for the singers..
The SCHOOL will provide a representative to assist with planning and preparation, a tuned piano,
release of student participants for adequate rehearsal time, a large performance space for all
rehearsals and the performance, additional space and hospitality for singer's green-room, and certain
props and costume elements for the student performers to be agreed upon by the SCHOOL and
ARTIST.
TERMS AND CONDITIONS
The SCHOOL agrees that the works created by the ARTIST'S fulfillment of the services performed
under this agreement, including all intellectual property rights, audio and visual recordings, and all
other materials ("WORKS") shall be the sole property of the ARTIST and the SCHOOL disclaims all
right, title, and/or interest in them. Any use, other than for internal educational purposes, by the
SCHOOL of the WORKS requires the prior written consent of the ARTIST.
The ARTIST shall have the right to photograph the event and shall be permitted to use said photos
for its own promotional purposes. The SCHOOL agrees to distribute and collect Photo Release
Forms from the legal guardians of all children involved in the production.
Theft of the Gold: The RING Begins Page 1 of 2
Pioneer Elementary
If the ARTIST is member of any union or guild, the ARTIST agrees to accept sole responsibility for
complying with any requirements of said union or guild.
The ARTIST shall submit a list of production needs for the event. The SCHOOL shall accommodate
these needs to the best of its ability.
DURATION OF AGREEMENT
This agreement may be terminated by either party on thirty days' notice.
FORCE MAJEURE
It is agreed that if either party cannot perform, rehearse, or continue operations because of fire,
accident, strikes, riot, act of God, war, acts of terrorism, the public enemy or if the local police or fire
authorities evacuate the premises, or for any other cause of the same general class which could not be
reasonably anticipated or prevented, the SCHOOL or the ARTIST shall notify the otrier in writing.
This agreement shall obligate SCHOOL and ARTIST, but not any trustee, officer or agent thereof.
For Pioneer Elementary:
Signature
~1
Title (Plea e Print)
~/~/o~
Date
For Seattle Opera:
~ K lly Tw e da e `-t"` '"~-
Administrative Director
Seattle Opera
Date
~~'~1~~
Theft of the Gold: The RING Begins Page 2 of 2
Pioneer Elementary