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Home My WebLink AboutBYU Performing Arts Management Am 'THAN YoUR:N AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this (� day of a,—k, 2013, by and between the City of Auburn,Washington (PRESENTER), a Municipal Corporation of the State of Washington herein referred to as"CITY" and BYU Performing Arts Management. whose contact information is, Brigham Young University, Oliver House, Provo, UT 84602-8500, 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: Public performance of BYU Singers on Thursday, May 1, 7:30 pm for a 90-120 minute performance with 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 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 --------------------------------------------------------------- BRAVO 2013-14 Season Agreement— BYU Singers / Page 1 of 4 - �Op,�THAN YOU/M1IgGINE�. VENUE and the ARTIST. The CITY agrees to provide, through the VENUE, technical labor for this production, as detailed in the ARTISTS'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 of$3,000. 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. C. Accommodation: 3 single hotel rooms for one night May 1, 2014. Host families for 40 students. 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 ARTIST within 30 days of the execution of this contract, per compliance with the regulations of the CITY Finance Department. c. Balance of$2000 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 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 --------------------------------------------------------------- BRAVO 2013-14 Season Agreement—BYU Singers Page 2of4 �O4Y THAI YOU/MAGIN,LV 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, 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 period, 100% of Deposit(Item 6: Payment Schedule) paid to ARTIST shall be returned to CITY. If the ARTIST services cannot proceed through some fault of the CITY due to causes other than fire, accident, act of God or impossibility of performance, the CITY shall reschedule the ARTIST services on a mutually agreed upon date between CITY and ARTIST and either at the same VENUE as initially scheduled or at another comparable venue available to the CITY for such performance. 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 hereurnder,-the'CITY"may'af its Ioption 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 Brigham Young University Performing Arts Management Brigham Young University Oliver House Provo, UT 84602-8500 Rex Barrington, Assistant Director 801-422-3574 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 2013-14 Season Agreement—BYU Singers Page 3 of 4 1'l_Vv� DOFF THAN YOU(MAGINEV 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. ARTIST BYU Performing Arts Manageme DATE CITY OF AUBURN Daryl Faber, Director of Parks, Arts and Recreation DATE --------------------------------------------------------------- BRAVO 2013-14 Season Agreement—BYU Singers Page 4of4 Technical Rider BYU SINGERS June 2012 Brigham Young University Contact: Performing Arts Management (801)422-3576 perfort?i@byu.edu A concert by the BYU Singers is measurably more successful in a venue with some reverberation, such as a concert hall, cathedral, or church. Often drama theaters and general-purpose auditoriums are dead acoustically, and should, if possible, be avoided. The more bare, hard walls and surfaces the better. The following information outlines the technical requirements of the BYU Singers. We appreciate the assistance of the facility management in providing the best your facility can offer. Concert Hall or acoustically-appropriate Theater or Auditorium Performing Area 35 -45 feet wide(1 l — 14 meters)by 30 feet deep (9 meters). No risers or levels are needed. Staging Considerations Side and backdrops should have hard surfaces made of heavy wood or brick. Curtains and draping greatly inhibit(absorb)the sound and should be minimized. Stage Equipment 1. A 7-foot or 9-foot rg and piano is preferred, but not necessary; a smaller grand piano or an upright piano will be acceptable if a grand piano is cost prohibitive (the piano will only accompany a few concert pieces). The piano provided must be tuned on the day of the performance and be placed center stage. (Please inform us of the type of piano available.) 2. One microphone with on-off capability on a stand for announcements and narration is needed. This should be placed downstage right. 3. An acoustical or choral shell can greatly enhance a concert; if available it should be in place before the choir arrives. Lighting Illumination of the entire performing area with white washes is necessary. Lighting should be strong from front and sides to maximize light and minimize shadows on the performers' faces. Dressing Rooms Separate securable, lockable rooms for 20 men and 20 women are needed, with adequate lighting, hanging space for 40 costumes, mirrors, and toilet facilities. Warm-Up A large room near the stage for warm-up and concert preparation is requested. If necessary, clothes and personal belongings can be placedd in this room if it can be locked. Water Please ensure an ample supply of drinking water is available for the performers PO Box 28500 • Provo,UT 84602-8500 - 801422-3576 • Toll-Free:800432-3576 • Fay:801422-0546 Management Email:perform @byu.edu • Internet:http://pam.byu.edu backstage during rehearsal and concert times. PO Box 28500 Provo,UT 84602-8500 - 801-422-3576 - Toll-Free:800-432-3576 Far:801-422-0546 Management Email:performabyu.edu • Intemet:http://pam.byu.edu