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Home My WebLink AboutHarlem Gospel Choir A'3 1(",'5 ORIGIN~L AGREEMENT FOR ARTISTIC SERVICE -K ~ THIS AGREEMENT is made and entered into this~ day of J "-'2- . 2005, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and the Harlem Gospel Choir, clo agent EastCoast Entertainment, P. O. Box 11283, Richmond, Virginia 23230, herein referred to as "ARTIST" (Telephone: 804-355-2178). 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: perform one (1) evening performance, which consists of two 45-minute sets with a 15-minute intermission beginning at 7:30 p.m. on Friday, October 7,2005; one (1) 50-minute performance for fourth-grade students at 10:00 a.m. on Friday, October 7, 2005; and lead one (1) 90-minute afternoon workshop, at a time to be determined, to rehearse a fourth-grade choir which will perform selected pieces with the Harlem Gospel Choir at the evening public performance on Friday, October 7,2005. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at the Auburn Performing Arts Center, 700 East Main Street, Auburn, Washington 98001. --------------------------------------------------------------- BRAVO! 2005-2006 ~reement - Harlem Gospel Choir ay 27, 2005 Page 1 of 5 ._._.__..._~- -----~.,-- -.-- 4. REOUIREMENTS A. The CITY shall provide the following for this performance: 1. A maximum of fourteen (14) single hotel rooms for two (2) nights- Thursday, October 6, 2005 and Friday, October 7, 2005. 2. All promotion of performance, including press releases, paid advertising, radio public service announcements, radio interviews, brochures and postcards. 3. Box office management and staffing. 4. Rental of Auburn Performing Arts Center for school show, workshop, rehearsals and evening performance on Friday, October 7, 2005. 5. Green Room hospitality, Including lunch and dinner for fourteen (14) people on Friday, October 7,2005. 6. Ushers and front of house staffing. 7. Performance programs. 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 program, biographies, and photographs of performing artists for performance program and public relations materials by July 25, 2005. 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 -s'J.0 ARTIST shall receive total compensation of Nine thousand and NO/l00s dollars ($9,000), which Includes One Thousand and NO/l00s ($1,000) in ..harM tr.."..1 ~I~ expenses. A performance deposit of One Thousand EWe Hundred and NO/l00s dollars ($l,SOO) is payable upon complete execution of this contract in a check made payable to East Coast Entertainment, Inc. CITY will pay One Thousand and NO/l00s dollars in shared travel, which is included in the total compensation, by check made payable to Harlem Gospel Choir on Tour, Inc., no later than August 1, 2005. Contracts must be signed and returned to CITY by close of business on Tuesday, July 5, 2005, for advance travel payment. The balance of payment equaling Six --------------------------------------------------------------- BRAVO! 2005-2006 ~reement - Harlem Gospel Choir ay 27, 2005 Page 2 of 5 ---~--------- - --,- -- -------- ~~ ln40M ThousandjWe Hundred and NO/l00s dollars ($6;560) will be delivered to the Harlem Gospel Choir's company manager, or his/her designee immediately following the final performance on Friday, October 7,2005. The performance deposit and travel costs 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 ten (10) complimentary tickets for the performance. It will be agreed between the CITY and the ARTIST as to the distribution of these tickets. 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 perfonmed 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 si ~ .!~lllt of plilrfgrma~ce .I.Illi!er this contract. A performance deposit of One Thousand-FiYe / ,------ Hundred and NO/l00s Dolla~), will be paid upon complete execution of ~\~ this contract in a check made payable to EastCoast Entertainment, Inc. CITY will pay One Thousand and No/l00s Dollars ($1,000) in shared travel, which is ,,} included in total compensation, by check made payable to Harlem Gospel Choir on Tour, Inc., no later than August 1, 2005. The balance of Six Thousand Five Hundred and NO/l00s Dollars ($6,500) will be delivered to the Harlem Gospel Choir's company manager or his/her designee immediately following the final October 7, 2005 performance. 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. B. 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 fonm 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. --------------------------------------------------------------- BRAVO! 2005-2006 ~reement - Harlem Gospel Choir ay 27, 2005 Page 3 of 5 ._n" ------.--- --~- - ~-_. --T- --- . 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 tenminate 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 Lori Patrick, Cultural Arts Manager City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Melanie Rasnic, agent EastCoast Entertainment P. O. Box 11283 Richmond, VA 23230 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. --------------------------------------------------------------- BRAVO! 2005-2006 ~reement - Harlem Gospel Choir ay 27, 2005 Page 4 of 5 "~_.__...- .. ----------~. --T-. E. In the performance of the work herein, the ARTIST agrees to comply with all applicable State and local laws, rules and regulations. ARTIST ~, /1 6<- ID 0-<-'&1 ' I'{ (]..V( a Q/ ( / ARTIST TAX ID#: Harlem Gospel Choir on Tour, Inc.: EastCoast Entertainment: DATE: l.J? / }.i! / DS- , I \"St= ~ :=:::::' J ~ PETER B. LEWIS, MAYOR JUN - 2 2005 DATE: --.------.------.-------------.-------------.------------------ BRAVO! 2005-2006 Agreement - Harlem Gospel Choir May 27, 2005 Page 5 of 5 ---------------- ----------~I-- ---