HomeMy WebLinkAboutPenguin Productions
A3.16.S
OR"" /"",
' 11l;uL.L
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this _ day of , 2005, by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein
referred to as "CITY" and Penguin Productions, c/o Tim Behrens, 2801 East 12th Avenue, Spokane,
Washington 99202 (Telephone: 509-535-4761), 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
two-hour (2-hour) performance, including a lS-minute intermission, of "A Fine and
Pleasant Misery," written by Patrick F. McManus and starring actor Tim Behrens. This
performance will take place on Saturday, November 19, 200S, at 7:30 p.m. at the
Auburn Performing Arts Center. In addition, actor Tim Behrens will lead an acting
workshop for high school students lasting between two (2) and three (3) hours, on
Friday, November 18, 2005, at the Auburn Performing 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! 2005-2006
Agreement - Tim Behrens
August 12,2005
Page 1 of5
~,~- ...
4. REOUIREMENTS
A. The CITY shall provide the following for this performance:
1. One (1) single non-smoking hote~ room on Friday, November 18 and '.I
Saturday, November 19, 200SJ ,V\ q... 3A y~ ~^ Oli be-'tr~ ~J t ut (1'. fM t .
2. Local ground transportation to and from the airport and between th~
hotel and venue, on Friday, November 18, 2005 and Saturday,
November 19, 2005.
3. Rental of Auburn Performing Arts for the acting workshop on Friday,
November 18, 200S, and rehearsal and performance on Saturday,
November 19, 2005.
4. Green Room hospitality including tea service and water.
S. All promotion of performance, including press release, paid
advertising and direct mail, such as season brochure and postcards.
6. Box office management and staffing.
7. Ushers and front-of-house staffing.
8. 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 October
10, 200S.
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.
COMPENSATION
In consideration of the services to the CITY in connection with the artistic performance, the
ARTIST shall receive total compensation of Four Thousand Two Hundred and NO/l00s
Dollars ($4,200.).
The ARTIST shall be provided ten (10) complimentary tickets. 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
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
-------..-------..------....----------------------......----------_..---
BRA YO!.2005-2006
Agreement - Tim Behrens
August 12,2005
Page 2 of5
.------.- ^-,.,_.~_.-----,...,_.__._.__._-~ _...__._____._ """-----'0""--'-
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 check in the amount of Four Thousand Two
Hundred and NO/l00s Dollars, made payable to Penguin Productions, will be
delivered to Tim Behrens immediately following the performance on November 19,
200S.
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 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.
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 Lori Patrick, Cultural Arts Manager
City of Auburn
910 Ninth Street SE
Auburn, WA 98002
--------------------------...-------------------..----------......---
BRA YO! 2005-2006
Agreement - Tim Behrens
August 12, 2005
Page 3 of5
._...~- .-----"' ~_.._-,. I
ARTIST Tim Behrens
C/o Penguin Productions
2801 East lzth AVE
Spokane, WA 99202
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.
---------------...------------------------------------------_...---
BRA YO! 2005-2006
Agreement - Tim Behrens
August 12,2005
Page 4 of5
-.-.-'.,,-, ---,-_...~_._._--,." -- -- -..--...-- _._--~-----_._----......._,.._---
ARTIST
<r:r ~
,~
TIM BEHRENS
PENGUIN PRODUCTIONS
ARTIST TAX ID #
DATE: Ol~~
CITY OF AUBURN
, AYOR /;
DATE: ?--s O~~
ATTEST:
~~'
Danielle Daskam
City Clerk
,'-
---...----------------------------------------...------..-----......_--
BRAVO! 2005-2006
Agreement - Tim Behrens
August 12,2005
Page 5 of5
_...._". -"._--~._,.,~-_.----,~---~--_.,..__._. --...----.-