HomeMy WebLinkAboutTears of Joy Theatre A3, ( c„5
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this_23rd day of_August_, 2011, by
and between the City of Auburn,Washington, a Municipal Corporation of the State of Washington
herein referred to as"CITY"and Jonathan Owicki, Manager of Touring Programs,Tears of Joy
Theatre,whose address is PO Box 1029,Vancouver,WA 98666; phone , (800)332-8692, 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
sixty minute performance of The Ugliest Duckling on Saturday, September 24th, 2011,
from 2:00 to 3:00pm. ARTIST will be on site by 12:30pm for set-up.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at the Auburn Avenue Theater, 10 Auburn Ave.
Auburn,WA 98002, herein referred to as"VENUE"
Agreement—Tears of Joy Theatre
Page 1 of 4
4. REQUIREMENTS
The CITY shall provide the following for this performance: Lights. Tears of Joy will provide
their own sound system, or plug their sound board into the AVE system, as per
arrangements to be made at a future date. Tears of Joy will provide their own
microphones.
5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic performance, the
ARTIST shall receive total compensation of one thousand and no/100 dollars ($1000.00).
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 delivered to the ARTIST
immediately following the performance..
7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY: Artist bio, photos(high
resolution electronic images) and any artwork specifically pertaining to ARTIST upon signature
of this contract.
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.
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.
Agreement—Tears of Joy Theatre
Page 2 of 4
10. PERFORMANCE RAINOUT
In the event of rain,the CITY will contact the ARTIST by 2:00pm on the day of the
performance to determine if the performance will be moved indoors or rescheduled.
ARTIST must provide a telephone number where ARTIST can be reached at the
time/date stated above. If rescheduling is not possible within one year of the event,
ARTIST is to be paid on the day of the performance.
11. 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.
12. 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 Jim Westhusing, Teen Coordinator
City of Auburn
910 Ninth Street SE
Auburn, WA 98002
ARTIST Jonathan Owicki
Manager of Touring Programs
Tears of Joy Theatre
PO Box 1029, Vancouver, WA 98666
Phone number: (800)332-8692
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.
13. 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.
Agreement—Tears of Joy Theatre
Page 3 of 4
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
( nature)
ARTIST TAX ID#:
_800-332-8692
DIRECT CONTACT PHONE#(not agent)
schoolassemblies @tojt.org
DIRECT CONTACT EMAIL (not agent)
i --q 7 dar\\
DAT
CITY OF AUBURN
1 _. ?r, 1 .
( ign'.re 9 J1->IL
D' -YL FABER, DIRECTOR
PARKS, ARTS & RECREATION
(?) l °') 1 ) 1
DATE
Agreement—Tears of Joy Theatre
Page 4 of 4