HomeMy WebLinkAboutWindwood Productions Inc*
AUBU RN
~WRkT1iAN YOIi fMACIDIFO
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this 2W ~ 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 Windwood Productions, Inc. whose contact information is, 575 Windwood
Lane, Paris, VA 20130-3003, 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 OF WORK: The PRODUCER agrees to provide the following specific services:
Saturday, April 23, 2011, 7:30 pm. One (1) performance (105 minutes including 20 minute
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 will assist with coordination of technical services between the
VENUE and the PRODUCER. The CITY agrees to provide, through the VENUE, technical tabor
for this production, as detailed in the PRODUCER's Technical rider with the exception that
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Agreement - The 39 Steps
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ProducerAai+4-use existing liqhtinp plot and as approved by the technical director of the VENUE
and the PRODUCER.
COMPENSATION
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 $13,000.00. In addition, (8) hotel rooms, (7) seven double and (1) one
single on Saturday, April 23, 2011 the artists hospitality rider will be provided.
b. Complimentary Company Tickets: The ARTIST shall be provided up to Ten (10)
complimentary tickets for the performance. The ARTIST may request tickets in advance or
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 $2600 will be sent to the PRODUCER within 30 days of the execution of this
contract, per compliance with the regulations of the CITY Finance Department.
b. Balance of $10400 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 and all taxes, which may be due as a result of performance under
this contract.
7. PROMOTIONAL RESPONSIBILITIES
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, includinp 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.
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9. INABILITY TO PERFORM
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 fault 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 Paul Bartz
Windwood Theatricais
575 Windwood Lane
Paris, VA 20130-3003
AGENT Paul Bartz
Windwood Theatricals
575 Windwood Lane
Paris, VA 20130-3003
540-592-9573
540-592-9574 (fax)
pau IC&-wi ndwoodtheatrica Is. 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.
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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 PROD4JCER 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.
PRODIER
(signature)
PRODUCER TAX ID#:
DATE
TY
PETER B. LEWIS, MAYOR
DATE
ATTEST:
Danle Daskam
CITY Clerk
APP VED OFO M
D ni B.
C. Attorne
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