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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
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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.
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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:
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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
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DaryrF49ber, Director of Parks, Arts and Recreation
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DATE
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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
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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.