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HomeMy WebLinkAboutSeattle Opera ':''-3 ItJ? .~ ORIGIN~L AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this .,,2;ð t/' day of -r-~' 2004, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and the Seattle Opera, whose address is Post Office Box 9248, 1020 John Street, Seattle, WA 98109 (Telephone: 206-389-7600), 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: I. 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 artistiC performance: The Seattle Opera's Young Artists in Petformance wHl perform a two (2) hour concert on Friday, November 5, 2004, at 7:30 p.m., all the Auburn Riverside Theatre. ._-------------~---_.__._-----------------_._-------------~---- BRAVO' 2004-2005 Agreement - Seattle Opera Young Singers in Recital April 9, 2004 Page I of5 ./ (~ 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at the Auburn Riverside Theatre, 501 Oravetz Road, Auburn, Washington. 4. REOUIREMENTS A. Performance Requirements The CITY shall provide the following for this performance: 1. All promotion of performanee, including press releases, paid advertising, radio pub lie service announcements, radio interviews, postcards and brochure. 2. Box office management and staffing. 3. Rental of Auburn Riverside Theatre for load-in and performance on Friday, November 5, 2004. 4. Green Room hospitality, excluding full meals. 5. Ushers and front-of-house staffing. 6. Performance programs. 7. Distribution of postcards. The ARTIST shall provide the following for the performance: 1. Engage and rehearse the company. 2. Provide biographies and photographs of those associated with the performance for programs and public relations materials by September 10, 2004. 3. Sceure person to introduce the singers and provide narrative for the program. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compcnsation of Two Thousand and No/100 Dollars ($2,000.00). The ARTIST shall be provided 20 complimentary 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 ._----------------~---_._-----------------_._------------------ BRAVO! 2004-2005 Agreement - Seattle Opera Young Singers in Recital April 9. 2004 Page20f5 /' \\ 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 taxes, which are normally and typically payable by the ARTIST as a result of its performance. This does not include admission taxes and any taxes incident to charges for admission. Payment shall be delivered to the ARTIST Production Mana!:er, or his/her designate, immediately following the performance. 7. PROMOTIONAL RESPONSTRILITIES ARTIST shall provide the following promotional materials to the CITY: The CITY shall market the performance as defined in Sedion 4. Any other 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 from and against any ,md 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 to the extent such claims arise rrom 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 h~lve not been rendered. Every effort shall be made between ARTIST and CITY to reschedule the performance(s) at a mutually agreed upon dat,e. 10. TERMINATION In the event the ARTIST or the CITY defaults or fails to complly with any of the requirements of this Agreement, or any obligations hereunder, the OTHER may at its option terminate the Agreement. Such remedies shall be in addition to any other right or remedy each may have. --------------------------------------------------------------- BRAVO! 2004-2005 Agreement ~ Seattle Opera Young Singers in Recital April 9, 2004 Page3 of 5 v (~ II. 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 addresscd to the respective parties as follows: CITY Cultural Programs Manager City of Auburn 910 Ninth Street SE Auburn, W A 98002 ARTIST Adam Runion, Education Manager Seattle Opera PO Box 9248 1020 John Street Seattle, W A 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 herelmder 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 LOSING PARTY agrees to pay all reasonable costs, attorney's fees and expenses that may be incurred by the PREVAILING PARTY 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. --------------------------------------------------------------- BRAVO! 2004-2005 Agreement - Seattle Opera Y Dung Singers in Recital April 9. 2004 Page40f5 ~ \\ ARTIST ~~~~ o/~ßV DATE: CITY OF AUBURN -.J <..:;:? PETE B. LEWIS, MA YfJR DATE: 71 ~(dY' ./ APPROVED AS TO FORM: ________________________M______________________________________ BRAVO! 2004-2005 Agreement - Seattle Opera Y Dung Singers in Recital April 9, 2004 Page 5 of5 -- {\