HomeMy WebLinkAboutMadeleine Zern/Mad Science of KC
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ORIGIN~L
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this 36 ~ay of June, 2004 by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington
herein referred to as "CITY" and, Madeleine Zem dba Mad Science of King County, 2859
l52nd Avenue Northeast, Redmond, Washington 98052 (Telephone: 425-556-0800), 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 CITY 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 ofthis Agreement.
2. SCOPE OF WORK
The ARTIST agrees to provide the following specific services in its artistic
performance: One 60-Minute performance of Mad Science program at
the Auburn Riverside Theatre on Saturday, April 2, 2005, at 2:00 p.m. as
part of the Kids' BRAVO! series
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Auburn Riverside Theatre,
501 Oravetz Road, Auburn, Washington.
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Aþreement - Madeleine Zero
Kid's BRAVO! 2004-5
June 17,2004
Page 1 of5
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4. REQUIREMENTS
A. Performance Requirements
The City shall provide the following for this performance:
1. All promotion of performance including press releases,
radio public service announcements, radio interviews, and
brochures.
2. Box office management and staffing.
3. Rental of Auburn Riverside Theatre for load-in and
performance on Saturday, April 2, 2005.
4. Green Room hospitality.
5. Ushers and front of house staffing.
The ARTIST shall provide the following for this performance:
1. Engage and rehearse the company.
2. Provide biographies and photographs of those associated
with the performance for public relations materials by
February 18,2005.
B. Technical Requirements
The CITY shall provide the following technical assistance for this
performance: Assistance 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
5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic
performance, the ARTIST shall receive total compensation of Four Hundred
and No/100 Dollars ($400.00).
The ARTIST shall be provided with 8 complementary tickets. 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 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 ARTIST's Production Manager, or hislher designate,
immediately following the performance.
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Ae;reement - Madeleine Zem
Kid's BRAVO! 2004-5
June 16, 2004
Page2of5
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7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY: The
CITY shall market the performance as defined in Section 4.
Promotional materials necessary to the performance shall be mutually
agreed upon between the CITY and the ARTIST.
8. INDEMNIFICATION
The ARTIST agrees to indemnify, defend and hold the CITY, its agents,
representatives and employees harmless rrom 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 inrringements 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 rrom the negligent acts of the CITY, its agents,
representatives or employees.
9. INABILITY TO PERFORM
If ARTIST is incapacitated rrom 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 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.
12. 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
Cultural Programs Manager
City of Auburn
910 Ninth Street SE
Auburn, WA 98002
ARTIST
Madeleine Zem
Mad Science of King County
2859 I 52nd AVE NE
Redmond, W A 98052
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Agreement - Madeleine Zero
Kid's BRAVO! 2004-5
June 16, 2004
Page 3 of5
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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.
13. 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 ofthis Agreement.
E. In the performance of the work herein, the ARTIST agrees to comply
with all applicable State and local laws, rules and regulations.
ARTIS
ARTISTTAX#: I
DATE: ¿, - dO - 0
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Agreement - Madeleine Zero
Kid's BRAVO! 2004-5
June 16. 2004
Page 4 of5
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DATE:
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A~reement - Madeleine Zero
Kid's BRAVO! 2004-5
June 16, 2004
PageS of 5
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WIS¡ MAYOR
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