HomeMy WebLinkAboutHeather Pearl dba Nomadic Theatre Company
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ORJrGINAL
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this l day of St-p r- 2006, by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washin!~ton herein
referred to as "CITY" and Heather Pearl dba Nomadic Theatre Company whose addre'ss is, 4207 N.
Longview Ave., Portland, OR 97217 (503-358-3441; heatherpearlcromie@yahoo.com) herein
referred to as "ARTIST" .
WHEREAS, the CITY desires to contract with the ARTIST to provide an artistic p1erformance
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) 45-minute performance of "How to Fly" at the Auburn Riverside Theatre on
Saturday, January 13, 2007 at 2:00 pm as part of the Kids' BRAVO series.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at the Auburn Riverside Theatre, 501 Oravetz
Road, Auburn, WA, herein referred to as "VENUE".
4. REQUIREMENTS
A. The CITY shall provide the following for this performance: 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
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Agreement - Nomadic Theatre Co.
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staffing; performance programs; rental of Auburn Riverside Theater for load-in, rehearsal and
matinee performance on Saturday, December 9,2006
B. The ARTIST shall provide the following for the performance: ProvidEl 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 copy, biographies, and
photographs of performing artists for performance program and public relations materials.
C. Technical Requirements: The CITY shall provide the following technical
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 $1,000.00 (one thousand and no/100.)
The ARTIST shall be provided up to eight (8) 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 payme,nt 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,
Saturday, January 13, 2007.
7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY:
A. Promotional materials shall be mutually agreed upon between the CIITY 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
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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.
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 c43rtified mail
addressed to the respective parties as follows:
CITY Laurie Rose, Cultural Arts Manager
City of Auburn
910 Ninth Street SE
Auburn, W A 98002
ARTIST Heather Pearl
4207 N. Longview Ave.
Portland, OR 97217
(503-358-3441; heatherpearlcromie@yahoo.com)
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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Agreement - Nomadic Theatre Co.
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D. The ARTIST agrees to pay all reasonable costs, attorney's fees and exponses 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: q-q- dVO~
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PETER B. LEWIS, MAYOR
DATE: AUG 2 9 2006
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Danielle Daskam
City Cler
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