HomeMy WebLinkAboutCirque Voila!/Tomfoolery
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ORIGINAL
AGREEMENT FOR ARTISTIC SERVICE
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THIS AGREEMENT is made and entered into this ~ day of ~v~ , 2006, by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein
referred to as "CITY" and Cirque Voilal/TOMFOOLERY whose address is, c/o Eastcoast Entertainment,
PO Box 11283, Richmond, VA 23230, herein referred to as "ARTIST".
WHEREAS, the CITY desires to contract with the ARTIST to provide an artistic peliormance 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: Two (2)
45-minute acts with one (1) 15 minute intermission at 7:30 p.m. and one (1) one-hour
workshop at 10:00 a.m. for grade-school students on Friday, April 6, 2007.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance and workshop (unless mutually otherwisEl decided for
workshop) at the Auburn Performing Arts Center, 700 E. Main, Auburn, Washington, herein
referred to as "VENUE".
4. REQUIREMENTS
A. The CITY shall provide the following for this performance: Two (2) ni~lhts
accomodations for six (6) double hotel rooms. Green Room hospitality and dinner for 12 artists
one night; 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 Performing Arts Center for
load-in, rehearsal and evening performance on Friday, April 6, 2007.
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Agreement - Cirque Viola
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Tlie ARTIST shall provide the following for the performance: Provide :scores and
parts for t~e company and pay all fees (if any) associated with public performance of
music;eng~ge and rehearse the company; provide program, biographies, and pholtographs of
performin~ artists for performance program and public relations materials.
B. Tejchnical Requirements: The CITY shall provide the following techni,cal assistance
for this p~rformance: The CITY will assist with coordination of technical services between the
VENUE ar1d 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. COMPEN$A TION
In conside~ation of the services to the CITY in connection with the artistic performance, the
ARTIST shall receive total compensation of a total of fifteen thousand and no/100 ($15,000.00)
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.
A deposit of one thousand five hundred ($1,500.00) payable to Eastcoast Entertainment,
Inc. upon complete execution of this contract with balance of thirteen thouscmd five
hundred ($13,500.00) payable to TOMFOOLERY (Fed. 10 #52-1762221). Paym.:mt shall be
delivered to the ARTIST's company manager or his/her designee immediatelJ' following the
performance.
7. PROMOnONAL 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 infringemen1ts for musical
performances, arising out of the performance and obligations contained in this Agn3ement 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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Agreement - Cirque Viola
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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 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 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 Cirque Viola!/TOMFOOLERY
c/o Eastcoast Entertainment
PO Box 11283
Richmond, VA 23230
Either party may at any time designate a different address to which notices shall bH 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 - Cirque Viola
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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: ~-7-0b
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PETER B. LEWIS, MAYOR
DATE: JUN 1 9 2006
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Danielle Daskam
City Clerk
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