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Home My WebLink AboutIdentical Harmony A3.1'=>..5 ORIG/~I~L AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this ~O day of .liJ.I:.. 2005, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington !herein referred to as "CITY" and Identical Harmony dba IH Productions, LLC whose address is PO Box 2366, Redmond, WA 98073-2366 (Telephone: 425-890-0609) 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 GTY 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: Identical Harmony will perform one (1) 50-minute performance of "Splish Splash Over the Ocean," at the Auburn Riverside Theatre on Saturday, March 4, 2006 at 2:00 p.m. as part of thE! BRAVO! Kids Series. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Auburn Riverside Theatre, 501 Oravetz Road, Auburn, Washington. ----------------------------------- A~eement - Identical Hannony KIds BRAVO! 2005-06 August 25, 2005 Page 1 of5 4. REOUIREMENTS A, Performance Requirements The CITY shall provide the following for this performance: 1. All promotion of performance, including press I'eleases, radio public service announcements and brochures. 2. Box office management and staffing. 3, Rental of Auburn Riverside Theatre for load-in ,and performance on Saturday, March 4, 2006. 4. 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 clssociated with the performance for public relations mater'ials by January 17, 2006. 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 ARTIS-f. The City agrees to provide technical labor for this production, illS detailed in the ARTIST'S technical rider and approved by the Technical Director of the Auburn Riverside Theatre. 5. COMPENSATION In consideration of the services to the GTY in connection with the artlistic performance, the ARTIST shall receive total compensation of Seven tlundred and No/I00 Dollars ($700.00). The ARTIST shall be provided with eight (8) complimentary titc:kets. 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 per1'ormance 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 hiS/her designate, immediately following the performance. ----------------------------------- A~eement - Identical Hannony KIds BRA YO! 2005-06 August 25, 2005 Page 2 of5 ,.~~ - . .~.~-_..._.._.._..._-.-_..~-'------,._._--~-_._--~-,-- ---..,..---..-- 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the cm': The CITY shall market the performance as defined in Sectiorl 4A. Promotional materials necessary to the performance shall b.! 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 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. 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 flor the time during which the services have not been rendered. Every effl)rt 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 Crry may at its option terminate the Agreement. Such remedies shall be in addition to any other right or remedy each may have. 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 Lisa Cole PO Box 2366 Redmond, WA 98073-2366 ---------------------------------- A~eement - Identical Hannony Kids BRA YO! 2005-06 August 25, 2005 Page 3 of5 -"-~-'- - --....------.-..-.-.-------..--.- .-~H____n"__.._ 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 QTY 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. -------------------------------- A~eement - Identical Hannony KIds BRA YO! 2005-06 August 25, 2005 Page 4 of5 -,.,-"~-- - ---_.~--_._--.._--~"._" ------....._- ARTIST &2-; ~+ tL<~ / C c:Y<-fJ . LISA COLE dba IDENTICAL HARMONY, IH PRODUCTIONS, LLC ARTIST TAX ID#: DATE: lb-rJo &:> I I c L-/ - DATE: ATTEST: ~~~ ">-- Damelle Daskam City Clerk ------------------------------------- A~eement - Identical Hannony KIds BRA YO! 2005-06 August 25, 2005 Page 5 of 5 _n____.., _...___._..____'_".__..~__ -~--' .~ .--