Loading...
HomeMy WebLinkAboutChinese Performing Artists C\..-~ .iv-5O ORIGIN~L AGREEMENT FOR ARTISTIC SERVICE J ~ ILc.tU:t THIS AGREEMENT is made and entered into this ~ day of ~' 2004, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and the Chinese Performing Artists of America (CPAA), herein referred to as "ARTIST", through the ARTIST's agent Gary Lindsey Artist Services, Inc., 2700 15th Avenue, San Francisco, California 94127 (Telephone: 415-759- 6410) herein referred to as "AGENT". 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: Chinese Performing Artists of America will perform one (1) 50-60 minute school program and one (1) 2-hour evening performance of "The Dances of China: A Journey of 5000 Years" on Friday, November 19, 2004 at 10:00 a.m. and 7:30 p.m. at the Auburn Performing Arts Center. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at the Auburn Performing Arts Center, 700 East Main Street, Auburn, Washington 98001. --------------------------------------------------------------- BRAVO! 2003-2004 Agreement - Chinese Perfonning Artists of America April 9, 2004 Page 1 of5 4. REOUIREMENTS A. The CITY shall provide the following for this performance: 1. All promotion of performance, including press releases, paid advertising, radio public service announcements, radio interviews, brochures and postcards. 2. Box office management and staffing. 3. Rental of Auburn Performing Arts Center for load-in, rehearsals, education programs, and performance on Friday, November 19, 2004. 4. Green Room hospitality, excluding full meals. 5. Ushers and front of house staffing. 6. Performance programs. 7. Distribution of postcards. The ARTIST shall provide the following for the performance: 1. Provide scores and parts for the company and pay all fees (if any) associated with public performance of music. 2. Engage and rehearse the company. 3. Provide photographs of those associated with the performance for programs and public relations materials by July 17,2004. B. Technical Requirements The CITY shall provide the following technical assistance for this performance: The CITY will assist with coordination of technical services between the Auburn Performing Arts Center and the ARTIST. The CITY agrees to provide technical labor for this production, as detailed in the ARTIST'S technical rider and approved by the technical director of the Auburn Performing Arts Center 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 ofTen Thousand and No/I00s Dollars. ($10,000). A performance deposit of Two Thousand Dollars ($2,000), twenty percent (20%) is payable no later than September 1, 2004, and made payable to Gary Lindsey Artist Services, Inc. The balance of Eight Thousand Dollars ($8,000) is payable to Gary Lindsey Artist Services, Inc. The performance deposit will be refunded in full in the event of cancellation by ARTIST. In the event the CITY cancels, the deposit is non-refundable. The ARTIST shall be provided twelve (12) complimentary tickets for the performance. It will be agreed between the CITY and the ARTIST as to the distribution of these tickets. --------------------------------------------------------------. BRAVO! 2003-2004 Agreement - Chinese Performing Artists of America April 9, 2004 Page 2 of5 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 performance deposit of Two Thousand and No/I00s Dollars ($2,000.), twenty percent (20%), is payable no later than September 1, 2004, in a check made payable to Gary Lindsey Artist Services, Inc. The balance of Eight Thousand and no/l00s Dollars ($8,000.), will be delivered to the production manager, or hislher designee, following the last performance on November 19, 2004. 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 rrom 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 inrringements for musical performanoes, 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 rrom the negligent acts of the CITY, its agents, representatives or employees. 9. INABILITY TO PERFORM If ARTIST is incapacitated rrom 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. -----.--------------------.-----------...................------ BRAVO! 2003-2004 Agreement - Chinese Performing Artists of America April 9, 2004 Page 3 of5 II. 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 Cultural Programs Manager City of Auburn 910 Ninth Street SE Auburn, W A 98002 ARTIST Gary Lindsey Artist Services, Inc. 2700 15th Avenue San Francisco, CA 94127 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. ..------------------------------------------------------------. BRAVO! 2003-2004 Agreement - Chinese Performing Artists of America April 9, 2004 Page 4 of5 --------------------------------------------------------------- BRAVO! 2003-2004 Agreement - Chinese Perfonning Artists of America April 9, 2004 Page 5 of5 ARTIST : C. P A 1'9 ~~JD. ;Ç:;..d--.~"d- ~~ ~ CPAA- -II :-r ' ~ TAX ID#: DATE: g- /2ö} 0i' I ( ~ 7 ,- DATE: