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Home My WebLink AboutSeattle OperaA3~t~~.S AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this ~~~r -day of 7~`J-, 2008, by and V 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. SCOPE OF WORK The ARTIST agrees to provide the following specific services in its program: One (1) "Opera Goes. to School/Theft of the Gold: The Ring Begins" residency program the week of February 12 - 15, 2008at Chinook Elementary School, Auburn, WA (reference attached addendum). n,~. 3. SITE OF PERFORMANCE The ARTIST will conduct its program at the Chinook Elementary Auburn, WA, herein referred to as "VENUE/SCHOOL". 4. REQUIREMENTS A. The VENUE/SCHOOL shall provide the following for this performance: (Reference attached addendum). ~ ~ 2008 Artist-in-Residence Agreement -Seattle Opera Page 1 of 4 r`~ ~=~ 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 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 15, .~A9'6' ~~~~ , m~ 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. g. 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. 2008 Artist-in-Residence Agreement -Seattle Opera Page 2 of 4 ~U ~~ 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 Justina Schwartz, Theft of the Gold Touring Manager 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. 2008 Artist-in-Residence Agreement -Seattle Opera Page 3 of 4 ~v ~~. ARTI T ARTIST TAX D#: DATE: ~~~~~~~ CITY OF AUBURN t Daryl Faber, Director City of Auburn Parks, Arts & Recreation DATE: ~~a..7~p~1 VED AS TO FORM: /l /~ niel B. Heid ity Attorney 2008 Artist-in-Residence Agreement -Seattle Opera Page 4 of 4 ~ . ~~` i SEATTLE O P E R SPEIG HT JENKINS GENERAL DIRECT( LETTER OF A~ ~~~~~~v~ - ~.~---. ?48 SEATTLE, WA 98109-0248 TEL 206-389-7600 TAX 206-389-7651 WWW.SEATTLEOPERA.ORG This letter, dated December 17, 2007, shall serve as an agreement between Chinook Elementary -(SCHOOL), the City of Auburn, Washington (SPONSOR), and Seattle Opera (ARTIST). DEFINITION The SCHOOL and SPONSOR hereby agrees to engage 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 12, 2008: February 13, 2008: February 14, 2008: February 15, 2008: SCOPE Seattle Opera's Theft of the Gold: The Ring Begins Chinook Elementary Full-day. preparation of students in groups Full-day preparation of students in groups Full-day preparation of students with singers 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. TERM The term of this agreement shall be from the date of countersignature through February 15, 2008. COMPENSATION In exchange for services performed, the SPONSOR agrees to pay the ARTIST a fee of $2,000 USD (two thousand US dollars) on or before February 15, 2008. It is understood that as an independent contractor and not an employee, the ARTIST will be responsible for all employment taxes that may be due under this agreement. Theft of the Gold: The RING Begins City of Auburn and Chinook Elementary Page 1 of 2 ~~ ~~V~