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t)RIGINAL
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this ~ day of ~ 2006, by and
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 9f1109, 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 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: One (1)
vocal concert program by participants of Seattle Opera's Young Artists Program of Peter
Brook's Tragedy of Carmen with piano accompaniment on November 3, 2006 at 7:30 p.m.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at the Auburn Riverside Theatre, 501 Oravetz Rd,
Auburn, WA, herein referred to as "VENUE".
4. REQUIREMENTS
A. The CITY shall provide the following for this performance: A tuned grand or baby
grand piano; Green Room hospitality (including coffee/tea service and snacks, but excluding full
meals); all promotion of performance, including press releases, paid advertising, radio public
service announcements, brochures and postcards; box office management and staffing; ushers
and front-of-house staffing; performance programs; rental of Auburn Riverside Theatre for load-in,
rehearsal and evening performance on November 3,2006. .
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The ARTIST shall provide the following for the performance: Provide scores and
parts for the company and pay all fees (if any) associated with public performance of
music;engage and rehearse the company; provide program, biographies, and photographs of
performing artists for performance program and public relations materials.
B. Technical Requirements: The CITY shall provide the following technit::al assistance
for this performance: The CITY will assist with coordination of technical services between the
VENUE and the ARTIST. The CITY agrees to provide technical labor for this production, as
detailed in the ARTIST'S technical rider and as approved by the technical director of the VENUE
and the ARTIST.
5. 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.
The ARTIST shall be provided up to ten (10) complimentary tickets for the performance. The
ARTIST may request tickets in advance or provide the CITY with a guest list prior to the
performance.
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 delivered to the ARTIST's. company
manager or his/her designee immediately following the performance on Nov. 3, 2006.
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. 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.
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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 performancl3, 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.
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 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.
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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.
ARTIST
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ARTIST TAX ID#: ~~~~(/;)&~
DATE: f/Mib
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PETER B. LEWIS, MAYOR
JUN 1 9 2006
DATE:
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Danie e Daskam
City Clerk
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RequestforTaJ(p~y,r; J~~l1tlficationNumber & Certification
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TAX STATUS: Please provide the following Information for the category that describes the tax
structure of your business. Please provide all requested information for your category.
D Individual Name:
As shown on Social Security Card
Social Security Number: - -
D Sole Proprietor Business Owner's Name:
Business Owner's SSN or TIN:
DBA Company Name:
A sole ProprletOlShlp may have a 'doqj business as' (DBA) name, but the reportable name is the name of the business owner. The reportabl9 Tax 10# is either the owner's
social security number (SSN) or the company's T axpapyer Identification Number {!/N).
D Partnership Name of Partnership:
Partnership TIN:
The reportable TAX 10 Number is the Pai1nership's Taxpayer Identification Number fTlN) .
o Corporation or Name of Corporation/Entity: ~ccttf -t Cfera-
Exempt Entity . Q\ - 01lJ ot.f~L0
Employer Identification #(TIN):
Mart the qualifying exemption reason: To be used as a unique identifier for our records
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Exempt from tax under 501 (a) or other Intemal Revenue Code exemption
Federal, State. or local governmental agency or instrumentalities
Non-resident alien individual or foreign corporation. partnership, estate or trust
Certification: I certify that the Tax Identification Number
.Name: t!aihUt'nl-- Af\du'5~ Signature:
Phone: :tDlI"{, 1(,'1/1- 55 ~ Date: & ' ~ 3 ..Of::,
Penalltes: Your failure to provide a correct name and Taxpayer Identification Number may subject your payments to 28% federal income tlX backup with
holding. If you do not provide us with Intonnation, you may be subject to a $50.00 penalty lmposedby the IRS under Section 6723.
Confidentiality: If we disclose or use your Taxpayer Identification Number In violation of Federal Law, we may be subject to civil and criminal penalties.
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