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HomeMy WebLinkAboutRainbow Dance TheaterAV . e�"rrw� r I• ■ SII AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this . 5 day of �, 2012, by and between the City of Auburn, Washington (PRESENTER), a Municipal Corporation of the State of Washington herein referred to as "CITY" and Rainbow Dance Theater whose contact information is, 15880 Airlie Road, Monmouth, OR 97361, herein referred to as "ARTIST." WHEREAS, the CITY desires to contract with the ARTIST to provide a performance (performances) 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: Saturday, March 23, 7:30 pm. Myste�ic. One (1) performance (100-120 minutes) with one intermission. 3. SITE OF PERFORMANCE: The ARTIST 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 ARTIST 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 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 BRAVO 2012-13 Season Agreement - Rainbow Dance Theater Page 1 of 4 � •war VENUE and the ARTIST. The CITY agrees to provide, through the VENUE, technical labor for this production, as detailed in the ARTIST'S Technical rider (See Addendum) and as approved by the technical director of the VENUE and the ARTIST. 5. COMPENSATION a. ARTIST Fee: In consideration of the services to the CITY in connection with the ARTIST scope of work (performance), the ARTIST shall receive total compensation, inclusive of travel, of $5000.00. In addition, (6) double hotel rooms on Friday, March 22 and Saturday, March 23, 2013 and 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. 6. PAYMENT SCHEDULE The ARTIST 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 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. Deposit of $1000 will be sent to the Rainbow Dance Theater within 30 days of the execution of this contract, per compliance with the regulations of the CITY Finance Department. b. Balance of $4000 will be delivered to the ARTIST's company manager or his/her designee immediately following the performance. 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. 7. PROMOTIONAL RESPONSIBILITIES a. Promotional materials shall be mutually agreed upon between the CITY and the ARTIST. b. The ARTIST assumes sole and total responsibility for all of ARTIST Merchandise Concessions, if any, including inventory, cash bank credit card supplies and sales personnel. ARTIST 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 merchandise. 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. BRAVO 2012-13 Season Agreement — Rainbow Dance Theater Page 2 of 4 AV �� mom '1My, : 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, 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 ARTIST 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 ARTIST, 50% of total Deposit (Item 5-A: ARTIST Fee) paid to ARTIST 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 ARTIST, none of the total Deposit (Item 5-A: ARTIST Fee) shall be returned to CITY. 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 Maija McKnight, Arts Coordinator City of Auburn Parks, Arts & Recreation 910 Ninth Street SE Auburn, WA 98002 253-931-3043 1 mmcknight@auburnwa.gov ARTIST Rainbow Dance Theater Valerie Bergman, Artistic Director 15880 Airlie Rd Monmouth, OR 97361 503-623-9320 www.rainbowdancetheater.com valnoa yahoo.com AGENT n/a 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: BRAVO 2012-13 Season Agreement — Rainbow Dance Theater Page 3 of 4 rulizM =00" 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. ARTIST (signature) DATE CITY OF AUBURN n ,\'�--- DaryrF49ber, Director of Parks, Arts and Recreation :711,Ck 2 - DATE BRAVO 2012-13 Season Agreement - Rainbow Dance Theater Page 4 of 4 Rainbow Dance Theatre Technical Rider TO THE LOCAL MANAGER or PRODUCER: This list of technical requirements is intended to be used as a guideline. While many venues will have no trouble in meeting these requirements, we understand that others will. Please note that all items contained within are negotiable. Please do not be put off by what might seem to be overwhelming demands on the budget or physical space. The company has extensive experience in adapting to a variety of local conditions while maintaining artistic integrity. We will do our utmost to offer an exciting program to your audience within any technical constraints. If you have any questions or concerns, please call. Thank you. Tad Shannon Director of Production Tel: 971-222-7913 e-mail: shannont@wou.edu RAINBOW DANCE THEATRE TECHNICAL REQUIREMENTS Rainbow Dance Theatre travels with a Lighting/Sound and Rigging Supervisor and a Stage Manager. The Company carries its own costumes, sets, props, and color filters for lighting. The Company requires that the Sponsor provide lighting and sound equipment, soft goods, marley- type dance floor, if available (if not available, inform the Director of Production well in advance of the performance date) and crew. 1) The Sponsor agrees to provide a technical director or stage manager knowledgeable about the place of performance and empowered to make decisions on behalf of the Sponsor. 2) The Sponsor agrees to provide the Company Director of Production with the following technical data: Theatre ground plan, section, sightlines, circuit plan, a list of operational lighting equipment with a detailed description of the light control equipment. In addition, please provide local area maps, directions to the theatre and information on hotels, restaurants, medical facilities and shopping. 3A) Crew requirements: Load in, set up, load out — 2 carpenters, 1 electrician, 1 rigger if required by theater to oversee set-up of aerial lines. Performance: 2 carpenters, 1 electrician. Exact crew needs will be determined by theatre technical director and Company Director of Production depending upon program(s) scheduled. 313) The technical crew shall consist of a competent crew sufficient to complete the set up, operation of lighting equipment, sound equipment, and curtain/flys, props, and wardrobe, and take down of the show within the stipulated time period. The Company shall not be responsible for any costs required by unions or other agents, including Sponsor, for personnel, whether operating or supervisory, or for any costs required for production equipment. 4A) The sponsor agrees to make the theatre available to the theatre personnel for the purpose of a technical set-up period of up to 36 hours preceding the performance for hanging black draperies and other soft goods, rigging special props and aerial wires, laying the vinyl floor, hanging, plugging, gelling, and focusing the lighting equipment, setting light intensities, setting sound levels, preparing the wardrobe, and technical rehearsal for the dancers if required by the Company. 46) When the Company performs two different programs, the Sponsor shall provide an additional 6 hours in the theatre on the opening day of the second program for the purpose of technical preparation and rehearsal if required by the Company. 4C) The requirement for 36 hours preceding the initial performance and/or the requirement for 6 hours the day of the second program may be reduced to the day of the initial or only performance when both of the following conditions have been met: 1) all lights have been hung, circuited, and tested prior to the arrival of the Company Lighting Supervisor according to the light plots and hookup sheets; 2) the load in, rigging and other set-up (technical preparation and rehearsal if required), and performance can reasonably be undertaken in one day. The final determination will be made by the Company Director of Production. 4D) If television, radio, film or other activities should cause a delay in the technical preparation of the show, the sponsor shall be responsible for the time, personnel, and cost required to complete the technical preparation of the show. TYPICAL SCHEDULE 1ST DAY: 8:00 - 12:00 Hanging, circuiting, coloring 1:00 - 6:00 Focusing, cueing if time, rigging, set and puppetry assembly, wardrobe 7:00-9:00 Spacing Rehearsal for dancers if needed. 2ND DAY: 9:00 - 1:00 Light cues, complete rigging 2:00 - 6:00 Light and sound cues, rehearsal if needed 7:00 Prop call - Mop the floor 7:30 SHOW call - Electricians, carpenters, wardrobe 8:00 Performance 5A) The Sponsor agrees to provide lighting equipment to meet minimum Company requirements as specified on the light plots and hookup sheets. Reduction in the number of lighting instruments and dimmers may be made depending upon program(s) performed or by special agreement with the Company Director of Production. Any and all changes must be approved by the Company Director of Production. The Company's Director of Production has extensive experience in adapting Company's lighting plan to local situations. Average lighting plots call for 150 individual lighting units in 96 dimmers. Minimum lighting plots call for 60-100 lighting units in 36-48 dimmers. 6 - 3 color cyc units, 6 - 3 color ground row units preferred to light backdrop. IMPORTANT NOTE: Most of our current repertoire calls for an "average" size light plot. Please let us know immediately if your theatre can only supply the minimum number of lights/dimmers. The Company can bring lighting instruments, dimmers, and stands for an additional fee. In addition, please let us know if renting lights/dimmers is a possibility. 5B) The Sponsor agrees to provide sound equipment as indicated. Sound Requirements: • 2 Compact Disc players • (4) Studio quality loudspeakers capable of delivering 120 db at 4' of clean, undistorted sound; • (2) Stereo or (4) monaural amplifiers (200 W/ch min.); • (1) mixing board with (1) mic input, (4) line inputs from CD players, and 4 outputs with individual gain control (2 outputs L and R to speakers L and R at 1/4 line behind black scrim, and 2 outputs L and R to speakers L and R on apron, in proscenium wall, or in orchestra pit); and cable to complete the hookup as specified • (1) hand-held microphone w/50' cord and stand at the stage manager's position. 5C) The Company relies on the theatre's intercom system for communication between the Company technical director and stage hands during cueing and performance. The Company requires at least 4 stations: stage manager, light board, sound board, and technical director. Please advise the Director of Production well in advance of the performance date if an intercom system will not be available. 5D) The Company uses pre-recorded music. If musicians are imposed on the program by the local union, this shall be the financial responsibility of the Sponsor. 6A) The Sponsor agrees to provide: Black legs or flats for wings, a full stage black traveler, borders, and white cyclorama, one upstage fly pipe, 10 stage weights, and one hazer with chemical solution for 45 minutes running time. If no hazer available, The Company may bring one, shipping costs to be met by the Sponsor. 6B) The Sponsor agrees to provide a black Marley -type dance floor with the dimensions of at least 30' deep x 42' wide, no wax. If none available, please let the Company Director of Production know this far in advance of the performance date. The Company may bring a A a portable dance floor with it, shipping costs to be met by the Sponsor. 6C) "Mixed Bag" requires 3 additional fly pipes or 3 beams over stage onto which light weight rigging can be tied. 7A) The Sponsor agrees to provide a minimum of two (2) heated dressing rooms equipped with tables, mirrors, makeup lights, and costume racks. Toilets should be nearby. 7B) The Sponsor agrees to provide the following refreshments for each performance: • Two (2) dozen PAPER drinking cups. • Three (3) gallons spring water • Twelve (12) cans/bottles assorted chilled soft drinks • Twelve (12) cans/bottles assorted chilled fruit juices • Assorted fresh vegetable plate with dip (humus or similar substantial dip preferred) • Assorted fresh fruit plate • Assorted deli meat and cheese platter with condiments and bread • Gluten-free (rice or nut) crackers or chips 8) The Sponsor agrees to obtain and pay for any and all local work permits, union fees, taxes, and other local licenses that may be required for the Company to carry out the residency activities and performance(s) covered by this agreement. 9) The Sponsor shall provide for adequate insurance coverage including insurance against losses due to fire or theft and personal liability insurance covering the activities of the residency. The Sponsor agrees to indemnify and save harmless the Company from all claims arising in any manner in connection with those performance(s) or other residency activities, except to the extent that such claims may be occasioned by the negligent act or acts of the Company. 10) Company Freight: When possible, company freight will be delivered to the theatre by a trucking company. The freight will generally arrive the day of load in and be picked the day after the performance. The Company will make every effort to work within the Sponsor's schedule. 11) The Company shall at all times retain sole artistic control over the performance(s) and other residency activities.