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HomeMy WebLinkAboutETC Entertainment Company,7A 3 iG.s AUBURN , T11ANY0UIMA(71NtP AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 23" ~day of 2010, by and between the City of Auburn, Washington (PRESENTER), a Municipal Corporation of the State of Washington herein referred to as "CITY" and ETC Entertainment Company whose contact information is, 22668 Waterbury Street, Woodland Hills, CA 91364, herein referred to as "PRODUCER." WHEREAS, the CITY desires to contract with the PRODUCER to provide a performance (performances) for the public in Auburn, Washington; and WHEREAS, the PRODUCER has agreed to perform the work in compliance with the terms and conditions of this Agreement; NOW THEREFORE, the CITY and PRODUCER in consideration of the conditions and covenants herein do agree as follows: 1. RETENTION OF PRODUCER: The CITY does hereby retain the PRODUCER to perform the work and services described herein. The parties agree that the PRODUCER is an independent contractor and shall furnish all supervision, labor, and all other incidentals except as specifically provided herein and the PRODUCER agrees to conduct and complete the performance in a competent and professional manner in accordance with the terms of this Agreement. 2. SCOPE : The PRODUCER agrees to provide the following specific services: Saturday, rch 26, 201 :30 pm. ne (1) perFormance (110 minutes including intermission). 3. SITE OF PERFORMANCE: The PRODUCER will conduct its performance at the AUBURN PERFORMING ARTS CENTER, 700 E. MAIN ST. (NOTE: Venue is NOT the presenter!) herein referred to as "VENUE" 4. REQUIREMENTS a. The CITY shall provide the following for this performance: Promotion of performance and performance programs; Box office management and staffing; Ushers and front-of-house staffing (not incl. merchandise sales - Reference Item 7-C below). b. The PRODUCER shall provide the following for the performance: Provide scores and parts for the company and pay all fees (if any) associated with public performance of music; Engage and rehearse the company; Provide program content, biographies, and optional photographs of key production staff and artists for performance program and public relations materials with the execution of this contract; Additional promotion of event as negotiated with CITY. c. Technical Requirements: The CITY shall provide the following technical assistance for this performance: The CITY wilt assist with coordination of technical services between the VENUE and the PRODUCER. The CITY agrees to provide, through the VENUE, technical labor for this production, as detailed in the PRODUCER's Technical rider (See Addendum) and as approved by the technical director of the VENUE and the PRODUCER. 5. COMPENSATION BRAVO 2010-11 Season Agreement - BROADWAY SHOWSTOPPERS Page 1 of 4 : AuBuRN' < ~ ~ TPL1N YE)if fMA[~INfn a. PRODUCER Fee: In consideration of the services to the CITY in connection with the ARTIST scope of work (performance), the PRODUCER shall receive total compensation, inclusive of travel, of $8000.00. In addition, (3) hotel rooms, one do ble and two single on ~ Saturday, March 26, the artists hospitality rider will be provided. I iv Eh"o 5`121ek-'y ~ ~2. c~G'Yv~ rPiJ cD my~ ~ b. Complimentary Company Tickets: The ARTIST shall be pr ided up to Ten (10) ~ complimentary tickets for the performance. The ARTIST may request tickets in advance or A; provide the CITY box office representative with a guest list 30 min. prior to the performance. PAYMENT SCHEDULE The PRODUCER shall be paid as outlined in Item 5 above 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 PRODUCER shall be in compliance with the regulations of the CITY Finance Department. The PRODUCER 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 $1600 will be sent to the Windwood Theatricals, Inc. herein referred to as "AGENT." within 30 days of the execution of this contract, per compliance with the regulations of the CITY Finance Department. b. Balance of $6400 will be delivered to the PRODUCERS's company manager or his/her designee immediately following the performance. The payment to the PRODUCER shall be in compliance with the regulations of the CITY Finance Department. The PRODUCER agrees to be responsible for payment of any ar.d all taxes, which may be due as a r-esult of performance under thiscontract. F'a~,101AS.-fi ?z) ~(RrA ~Ai m Eti' j 7. PROMOTIONAL RESPONSIBILITIES a. Promotional materials shall be mutually agreed upon between the CITY and the PRODUCER. b. The PRODUCER assumes sole and total responsibility for all of artist Merchandise Concessions, if any, includinq inventorv, cash bank credit card supplies and sales personnel. PRODUCER maintains 100% of total sales receipts of artist Merchandise. The CITY and/or VENUE will provide (1) table in the lobby of the VENUE for Merchandise Sales. If ARTIST cannot provide sales personnel, the CITY will provide up to two volunteer personnel. ARTIST and/or AGENT must sign a waiver releasing the CITY of any liability regarding the sale of inerchandise. 8. INDEMNIFICATION The PRODUCER 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 PRODUCER, its AGENTs, representatives and employees except where such claims arise solely from the negligent acts of the CITY, its AGENTs, representatives or employees. INABILITY TO PERFORM BRAVO 2010-11 Season Agreement - BROADWAY SHOWSTOPPERS Page 2 of 4 ~ AuBURN lrInv vft~ ~M~c;iN~o If PRODUCER is incapacitated from rendering services through sickness or otherwise, or if PRODUCER cannot perform because of fire, accident, act of God or impossibility of performance, through no fauit of the CITY, the performance(s) (Item 2: Scope of Work) shall be rescheduled at a mutually agreed upon date to occur not more than 12 months following the date of the initially scheduled performance, either at the same VENUE as initially scheduled or at another comparable venue available to the CITY for such performance. If the performance cannot be rescheduled within that time frame, 100% of Deposit (Item 6: Payment Schedule) paid to PRODUCER shall be returned to CITY. If the performance cannot proceed through some fault of the CITY, but the CITY gives at least ninety (90) days advance notice of cancellation to the PRODUCER, 50% of total Deposit (item 5- A: PRODUCER Fee) paid to PRODUCER shall be returned to CITY. If the performance cannot proceed through some fault of the CITY, and the CITY gives less than ninety (90) days advance notice of cancellation to the PRODUCER, none of the total Deposit (Item 5-A: PRODUCER Fee) shall be returned to CITY. 10. TERMINATION In the event the PRODUCER 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 Maija McKnight, Arts Coordinator City of Auburn Parks, Arts & Recreation 910 Ninth Street SE Auburn, WA 98002 253-931-3043 1 mmcknight@auburnwa.gov PRODUCER Ray Saar ETC Entertainment Company 22668 Waterbury Street Woodland Hil►s, CA 91364 (818) 225-2261 e-mail: ETCbox(Q_aol.com AGENT Paul Bartz Windwood Theatricals 575 Windwood Lane Paris, VA 20130-3003 540-592-9573 540-592-9574 (fax) paul(a-)-windwoodtheatricals.com 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. BRAVO 2010-11 Season Agreement - BROADWAY SHOWSTOPPERS Page 3 of 4 AUBURN* AGlNfP 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 PRODUCER 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 PRODUCER agrees to comply with all applicable State and local laws, rules and regulations. PRODUCE ~ c` (signature) PRODUCER TAX ID#: 7/S-1/ 0 DATE C PETER B=.WIS, MAYOR - ~ ( A,-►n 23 -2-01t7 DATE AT EST: Danlelle Daskam CITY Clerk A D iel B. Hei CITY Attorney - BRAVO 2010-11 Season Agreement - BROADWAY SHOWSTOPPERS Page 4 of 4 The Best of Broadway A Gershwin Celebration, Broadway Showstoppers, Holiday on Broadway, Hooray for Hollywood, Songs of Andrew Lloyd Webber Technical Rider and Show Requirements - Piano January 2009 PRESENTER Agrees to furnish, at its sole cost and expense, a theatre for technical set-up and rehearsal as required by The Best of Broadway (hereinafter called ARTIST) and for performance(s) on the date(s) and time(s) indicated on the attached contract of which this rider is an integral part PRESENTER agrees to have the theatre heated or cooled to a temperature of 65-70 degrees, cleared of other equipment and in good order, with dressing rooms for ARTISTS, and all other items described and outlined in this technical rider. Any and all questions regarding Production must be directed to Ray Saar at ETC Entertainment Company, Inc. (818) 225-2261. PRESENTER, at its cost and expense, agrees to comply with the requirements herein contained and furnish the personnel, accommodations, equipment and material as follows: A. THEATRE The stage requirements for the performance(s) are: 1) A riser or permanent stage the minimum dimensions of the playing space at Teast 16' wide by 12' deep by 24" high. If a temporary stage is being put in, 32' wide by 24' deep is preferable to keep the exits and offstage area on the same playing level. Also, depending on the size and configuration of the audience, a higher stage may be preferable. Please consult with the ARTIST as to the specifics of your space. There must be stairs provided to access stage level from backstage as well as from the stage to the audience. 2) PRESENTER must provide sufficient legs and borders (teasers), all of which are black, to adequately mask the stage. 3) One (1) grand piano. It must be tuned to A-440 on the day of performance(s). A music light needs to be provided. 4) One (1) small table behind piano 5) One (1) tall stool 6) Stage Drinks - All drinks to be set by show time 1. Bottled Water (non carbonated) ie: Evian 2. 6 Glasses 3. 4 Clean face towels 7) OPTIONAL - ARTIST will provide drapes to be hung. These will be shipped ahead of time, and PRESENTER will pay for shipping to and from venue and insurance. B. TECHNICAL DIRECTOR PRESENTER shall designate a TECHNICAL DIRECTOR with decision making authority, who shall be accessible to ARTIST at all times that the ARTIST is in the theatre. C. LOAD IN ACCESS The load in door should be as close to the stage as possible and the access to the stage must be clear of all obstructions before arrival. The show requires a load in door of at least 7' by 8'. If scenery/costume boxes must be carried long distance, PRESENTER should provide a four wheel castered dolly. p. 1 of 4 D. LOAD IN 1. All technical requireiiients to be completed priar to artists' arrival. 2. Artist shall have a minimum of TWO-hour sound check with crew and sound engineer. 3. Produuction manager shall have a production meeting with lighting designer, sotmd designer and crew to spike specials, provide lighting cues and answer any additional questions a minimum of THREE hours prior to sound check 4. Typical load in schedule for an 8pm performance is as follows: a. 10:00-1 1:00am Lighting & sound production meeting b. 1:00-2:00pm Lighting Cue to Cue c. 4:30-6:30pm Sound check d. 6:30-7:30pm Dinner break - cast e. 7:30pm Half hour £ 8:OOpm Show E. LOAD OUT Approximately one hour is required to load the show out. F. LOCAL TECHNICAL ASSISTANCE PRESENTER, at its sole cost and expense, shall furnish local technical assistance as specified below: 1. For load in: At least four (4) stagehands/electricians and one (1) wardrobe assistant are necessary to load the show in once the lights are hung and focused and the risers are in place. At least two of these people should be familiar with all aspects of the space (one of them being the aforementioned TECHNICAL DIRECTOR). 2. For load out: Four (4) stagehands are also necessary to load the show out They should report back to the theatre at the scheduled final curtain time. Preferably they should be the same people that loaded the show in. 3. For run crew: a. Two (2) followspot operators b. One (1) Dresser c. One (1) Sound Operator d. One (1) Light Board Operator e. One (1) Deck hand All running crew should report one hour before the scheduled opening to receive their instructions for the show. 4. These numbers reflect typical practices in non-union theatres. If the ARTIST is being presented in a union house, these numbers will increase according to local labor practices and agreements. Also, in any theatre, union or non-union, if stage labor is not allowed to cross traditional departmental lines, then labor requirements will increase. G. LIGHTING A. Lighting: lighting console will be capable of - a. Two (2) scene with cross fade capabilities b. Ability to program five (5) specials with 1500 watts per special c. Twenty (20) submasters d. Two (2) followspots with operators B. All cues to be entered into computer console priar to artists' arrival. p. 2 of 4 C. The stage plot and lighting cue sheet will be sent out two weeks prior to the performance. D. A Master Electrician will be provided by the PRESENTER. H. SOUND PRESENTER agrees to have ready and in working order a professional sound system adequate to cover the entire venue. This system needs to be a full range system capable of 120db at the mix position. System shall include: 1. Amplifiers and speakers sufficient for the theatre, to be used to amplify vocalization and piano. 2. Mixing Console: at least 24 channel professional mixing console with eight (8) submasters and two auxiliary sends will be required. Console should also include a phase reverse and phantom power (48v) capability. 3. One (1) reverb unit 4. Four (4) handheld wireless microphones. 5. One (1) wireless back up microphone. 6. One (1) microphone used to amplify the piano (Crown PCC-160 or similar). 7. FOUR (4) active floar monitors -8. Stage Monitor console split from main PA and capable of at least four (2) different mixes. 9. Sound Engineer & Monitor engineer J. WARDROBE PRESENTER shall provide: 1. Industrial steamer. 2. Iron and ironing board. 3. Laundry facilities (washer/dryer) if there is more than one performance. 4. One wardrobe person to steam any costumes that need to be pressed prior to performance K. COMMUNICATIONS PRESENTER shall provide: l. A professional quality headset communications system with stations for (at minimum) Stage Manager, Sound Operator, Light Board Operator and Followspot Operator(s). 2. A monitor and page system to dressing room areas. L. DRESSING ROOMS PRESENTER shall provide: 1. 2 dressing rooms (1 for men and 1 for women) in nearby vicinity of stage. They must be in safe and sanitary condition with adequate ventilation and temperature in the range of 65-75 F. 2. Dressing rooms must contain adequate tables, mirrors, electricity and lighting. 3. Toilet facilities must be in the dressing rooms themselves or nearby. 4. In the event the dressing rooms are locate a t distance too far from the stage a quick change area shall be constructed on both Stage Right and Stage Left. The quick-change areas shall be equipped with mirror, chair and hanging rack. M. COMPANY SIZE Three (3) Singers; One (1) Singer/Pianist. p. 3 of 4 N. HOSPITALITY This rider is meant as a guideline for all meals. Anv local specialties known to the promoter ar•e appreciated. Soft drinks, bottled water, coffee, tea and cookies are to be replenished throughout rehearsal and until the end of load out. LUNCH and/or DINNER To include: a. Salad with a selection of dressings (French, Italian, Ranch) b. Hot Chicken ar vegetable soup c. Fresh fruit to include watermelon, cantaloupe, strawberries, oranges and other assorted fruit. d. Deli platter to include turkey, roast beef, ham and assorted cheese slices. Any other main course suggestions such as Italian food or loca] favorites may be substituted for the deli tray. e. Sandwich bread to include white, wheat and French rolls f. Condiments to include mayonnaise, mustard, and ketchup g. Assorted Cookies These four pages of Best of Broaclway technical rider are accepted and agreed to by the presenter as an integral part of the attached contract By PRESENTER By TECHNICAL DIRECTOR Date: Date: Website link to tech info: p. 4 of 4