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ORIGINAL
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this ~ day of August, 2006
by and between the City of Auburn, Washington, a Municipal Corporation of the State of
Washington herein referred to as "CITY" and Evergreen Brass Quintet, 404 23rd
Avenue SE, Puyallup, WA, 98372, 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 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, c:ostumes,
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 A!~reement.
2. SCOPE OF WORK
The ARTIST agrees to provide the following specific services in iits artistic
performance: One l-hour performance for the Veterans Day
Parade to take place on Saturday, November 11, 2006.
Performance is to be held from 10:00 to 11:00 a.m. and
ARTISTS are to arrive at the site no later than 9:40 a.m.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Auburn City Hall Plaza, 25
West Main Street, Auburn.
The ARTIST agrees and represents that it has inspected the site prior to
the performance 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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Agreement - Evergreen Brass Quintet
August 18, 2006
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4. TECHNICAL REOUIREMENTS
The CITY shall provide the following technical assistance for this
performance: NA
5. COMPENSATION
In consideration of the services to the CITY in connection with the
artistic performance, the ARTIST shall receive total compensation of Four
Hundred Dollars and NO/l00s ($400.00).
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. Payment shall be mailed to the ARTIST on or before
November 11, 2006. The ARTIST must have the signed contract
in this office no later than 5:00 p.m. on Monday, October 4,
2006, to have check mailed on or before November 11, :2006.
7. PROMOTIONAL RESPONSIBILmES
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, representatiVE!S 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
salary for the time during which the services have not been rendered.
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Agreement - Evergreen Brass Quintet
August 18, 2006
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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 remediE!S 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; Evergreen Brass Quintet, 404 23rd Avenue SE, Puyallup,
WA,98372.
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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Agreement - Evergreen Brass Quintet
August 18, 2006
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ARTIST
~-I
EVE GREEN BRASS QUINTET
(253) 845-6044
elizabeth ward@msn.com
ARTIST TAX 3106
DATE: i'loi
~
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DATE: AIIG 2 1 2nnfl
ATTEST:
4J~~
Daniefte Daskam
City Clerk
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Agreement - Evergreen Brass Quintet
August 18, 2006
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