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Home My WebLink AboutAuburn Symphony Association A"3'~.S O)~/GIN1l AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this _ day of , 200S, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and The Auburn Symphony Association, PO Box 2186, Auburn, WA 98071 (Telephone: 253-939-8509), 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: 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 a nd 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: Two (2) concerts, Saturday, February 18, 2006, 7:30 p.m. and Sunday, Februal-Y 19, 2006, 2:30 p.m. at the Auburn Performing Arts Center. The ARTIST will provide a speaker for a pre-performance lecture. The lecture will begin 45 minutes IJrior to the performance. ARTIST will open its rehearsal, Friday, February 17, to slc:hools. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at the Auburn Performing Arts Center, 700 East Main Street, Auburn, Washington 98001. ----------------------..---------------------------------------- BRAVO! 2005-2006 Agreement - Auburn Symphony 2 August 25, 2005 Page 1 of5 _ ~ _w_ -"--.-.----- 4. REOUIREMENTS A. The CITY shall provide the following for this performance: 1. All promotion of performance, inclUding press releases, IJaid advertising, radio pUblic service announcements, radio interviews, brochures and postcards. 2. Box office management and staffing. 3. Rental of Auburn Performing Arts for load-in and rehearsial performance on Friday, February 17, 2006. Rental of the Auburn Performing Arts Center for performances on Saturday, FE!bruary 18, 2006 and Sunday, February 19, 2006. 4. Green Room hospitality, excluding full meals for musicians. ' 5. Ushers and front of house staffing. The ARTIST shall provide the following for the performance: 1. Provide scores and parts for musicians and pay all fees (if any occur) associated with pUblic performance of music. 2. Engage and rehearse the company. 3. Public information/promotion appearance of conductor, and/or musicians. 4. Provide program, biographies, and photographs of performing artists for performance program and pUblic relations materials b" December 27,2005. 5. Assist with ticket sales promotion. 6. Secure music historian to provide pre-performance educational lecture and program notes. B. Technical Requirements The CITY shall provide the fOllowing technical assistance for this performance: The CITY will assist with coordination of technical !iervices between the Auburn Performing Arts Center 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 Performing Arts Center and the ARTIST. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation Twenty Thousand and No/l00 ($20,000). The CITY further agrees that should ticket revenue exceed Twenty Thousand cmd No/l00 Dollars ($20,000) for the performances, the additional ticket revenue will be divided on a 60:40 ratio, with the ARTIST being paid 60% of the differEmce, and the CITY keeping 400/0. --------------------------------------------------------------- BRAVO! 2005-2006 Agreement - Auburn Symphony 2 August 25, 2005 Page 2 of5 ,._.._----~-'--~--~-~...._--------_.._-._--._".._" - The ARTIST shall be provided fourty (40) complimentary tickets for th.! performance. 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 jin 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 President of the Board of Directors of the Auburn Symphony, or hiS/her designee immediately following the last performance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: A. Promotional materials shall be mutually agreed upon between the CITY and the ARTIST. B. The CITY will market the performance as defined in Section 4. 8. INDEMNIACATION 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 infringemE!nts 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. --------------------------------------------------------------- BRA YO! 2005-2006 Agreement - Auburn Symphony 2 August 25, 2005 Page 3 of 5 -....," -----.-.----..-------...--.-...-..-.___n____ -----......- 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 Lori Patrick, Cultural Arts Manager City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Barbara Gehrett, Board President Auburn Symphony Orchestra PO Box 2186 Auburn, WA 98071 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. --------------------------------------------------------------- BRA YO! 2005-2006 Agreement - Auburn Symphony 2 August 25, 2005 Page 4 of5 _e.".,,______. -.........-----..-.--.-.----. ._--~-_..- ARTIST ~fa /1'r' , ARTIST TAX ID#: DATE: 1--1/ - p J'-- -- PETER B. lEWI~ ~ DATE: ~ ATTEST: 1)~~ Dan. Daskam City Clerk ---------------------------------...----------------------------- BRA YO! 2005-2006 Agreement - Auburn Symphony 2 August 25, 2005 Page 5 of5