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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.
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Agreement - Seattle Opera Young Singers in Recital
April 9, 2004
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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
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Agreement - Seattle Opera Young Singers in Recital
April 9. 2004
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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.
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Agreement ~ Seattle Opera Young Singers in Recital
April 9, 2004
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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.
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Agreement - Seattle Opera Y Dung Singers in Recital
April 9. 2004
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ARTIST
~~~~
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DATE:
CITY OF AUBURN
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PETE B. LEWIS, MA YfJR
DATE: 71 ~(dY'
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APPROVED AS TO FORM:
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BRAVO! 2004-2005
Agreement - Seattle Opera Y Dung Singers in Recital
April 9, 2004
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