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AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this1 _ day of December,
2010 by and between the City of. Auburn, Washington, a Municipal Corporation of the
State of Washington herein referred to as "CITY" and Seattle Opera, 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:
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, costumes,
and all other incidentals except as specifcally',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
program: One (1)'"0pera Goes-to School/Siegfried and the Ring
of Fire" residency program-the week: of-February 1-4, 2011 at Arthur
Jacobsen Elementary School, Auburn WA.
3. SITE OF PERFORMANCE
The ARTIST'will=conduct its program at Arthur Jacobsen Elementary
School, Auburn, WA herein referred to as "VENUE/ SCHOOL".
The ARTIST agrees and represents that it has inspected the site prior to
the program and accepts the premises in their-present condition. The
ARTIST further agrees to. indemnify, defend and hold the CITY harmless
from any and-all injury to.any person or property arising out of the
condition of or use of the site by the ARTIST for its performance.
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4. REQUIREMENTS
The VENUE/SCHOOL shall provide the following for this, performance:
(Reference attached addendum).
The ARTIST shall provide the following for the performance: (reference
attached addendum)
The CITY shall provide the following for the performance: n/a
5. COMPENSATION_.________
In consideration of the services to the CITY in connection with the
artistic performance, the ARTIST shall receive total compensation of Two
Thousand Two Hundred Dollars and. 00/100s "($2200:00).
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.. The agreed fee ($2200.00) will be paid in the form of a
check after completion, of-performance.
7. 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
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 impossibil'lty of performance, the,ARTIST shall not receive any
salary for the time during which the services have not been rendered.
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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.
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 of Auburn, 910. Ninth Street 'SE, Auburn,
WA 98002; Justina Schwartz, 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.
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CITY OF AUBURN
DARYL. FABER
Parks, Arts & Recreation Director
DATE:
A MCKNIGH
A s Coordinato
DATE: D
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