HomeMy WebLinkAboutJimmy Dorsey Orchestra ",01 tooll 14 YOU 1MAGIMt?
AGREEMENT FOR ARTISTIC SERVICE' '
THIS AGREEMENT is made and entered into this day of ft 1�- 2093, by and
between the City of Auburn,Washington(PRESENTER),a Munici al Corporation of the State
of Washington herein referred to as"CITY"and Jiro y rsey Orches rat herein referred to
as"ARTIST"represented by Producers Inc.whose 66nta6t:1nformation is 9180 N 56°t.S-Street,'
71 ampa, FL33617- herein referred to as "AGENT".
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;
s 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 fumish 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:
Sunday, October 20L 2013 at 2:30 pm One(1)90='I20 minute.performance ul
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
i 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(notjincl. 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)except BMI,ASCAP and SESAC
associated with public'performande of mdsic; Engage and:rehearse the company;
i Provide program content, biographies, and optional photographs of key production staff
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and artists for performance program and public relations materials with the execution of
this contract;Additional promotion of event es 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 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
$8,500.
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. Hotel Accommodation:-2 single hotel rooms for Saturday, October 19 and
.Sunday, October 20,.2013.
S. 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 $1275:UU�{One Thousand.two Fiund�ed andaeventy-five dollars)
made payable to Producers, Inc.f/c/t Jimmy Dorsey Orchestra and mailed to
Producers Inc herein referred to as "AGENT.".within 30 days of the execution of this
contract, no later than September 20, 2013, and no later than, per compliance with the
regulations of the CITY Finance Department.
c. Balance of$7225.00,(Se'ven.th66ssand1wo hundred,and.&enty five dollars).will be
made out'to Jimmy Dorsey Orchestra and 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 perfomiance under this contract.
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7.' PROMOTIONAL RESPONSIBILITIES` ' �'' -•.-, t - :'''; i ' .
a. Promotional materials shall-be mutually agreed upon between the CITY
ARTIST,-'and AGENT.
b. The ARTIST assumes' le and.total resporisibility 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
i
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 l
acts of the CITY, its AGENTs, representatives oremployEes.
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;tipon date between CITY and
-ARTIST 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.
10. NOTICES
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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
253-931-30431 mmcknight@aubumwa.gov
AGENT Kathy"KC"Smith
Producers, Inc..
NW Agent/Contracts
kcsm ithCaD-producersin c.com
(813)988-8333 fax: (813)985-3293
Contract Office
1'1806 N 56"'Street
Tampa, FL 33617-1652
ARTIST` Jimmy,Dorsey Orchestra
Nancy Knorr _
11 Lake Drive
Somers, CT 06071
Either party may at any time designate a different address to which notices sha"ll-be sent.
Notice given in accordance with these provisions shall be deemed received when
Mailed,
11. 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.
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M°g t"AN"D'J)NACiuto
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DATE
CI OF AUB N
PETER B. LEWIS, MAYOR
MAY
DATE;
A EST:
Danielle Daskam
CITY Clerk
AP VE F
Daniel B. N '
CITY Attomey
I
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JIMMY DORSEY ORCHESTRA
RIDER ATTACHF13"I'O'AND HEREBY MADE I'ART OF THIS ACREEIiIEN'T 4
' Hevisetl:6/21/06 '' BILLING* 1-
j 11111ing should rend as rella►tis: i
JIMMY DORSE-Y ORCHESTRA.00010)
Dirccled.:#y: BILL TOLE (50916) -
r NANCY KNORR -
(`The Jim nty Dorsey Orchestra 11 the 010111 atir0C1101i Of this caalrarl.)
The 0hsr6ce of 1)111 Tots or Soney Knorr,due to an"Act of Cod".sueh os o,tracel related delay.
Illness or on emergency does act have on Impact an We ptrrormance.bf the jimmy Ilaney Orchearo.
I The show trill contidut•ra scheduled:
*ACCOM INIODATIONS*
PURCHASER agrees to furnish to rffrisr at 101jRCHASER'S sole cost and
expense, the following: Accommodations far. 2 hotel rooms at the finest hotel
avuilahle for twa (2) nights, the day lterore Clio engagemetit .and. the day of tie
engagement.
*TRANSPORTATION"
PURCHASER sl0all reimburse ARTIST for one(1)Mini-Van/Luxury Cnr rented by
% Artist to be used for the entire engagentent.
•�COSf of rZWXt is r2irnbt sod up�=b.x:150 +�ccup rnnos� be sv ��}ed
*DRESSI G ROOKS*
PURCHASER agrees to Furnish ARTIST wilh two (2) dressing rooms well cleaned,
temperature controlled, surricienoy lighted.Tor applying make-up, private lavatory
raeliftles and should be equipped With the followings . Costuine rack; Full length
mirror;Chairs;Table;Bottled pater with glasses: Separate container of fresh Ice.
One lnrge`dressing rooii or Green room should be supplied for 1100: meml0crs of the
Jimmy Dorsey,Orthestra.
' COMPLE%IENTARY TICKETS*
ARTIST shn11 receive Ten (10) cunt plinten tary tickets reserved until o0ie (1) hour
herore performance..
*ARTIST CONTROL*
,lRTI.VT shall have Clio right to select the songs. otnterial and roilth0cs used in
ARTISTS prerforntance and in else manner tharthcy pre presented.
*COLLATERAL USE*
PURCHASER shall pat be permitted, or permit others: to make radio or televistun
.hr0aticosts, blotiun ;picil res, videus or any sound recordings of ARTISTS
performance. Exceptions citn.only be made with UTISTS written permission.
ARTISTS name may.not be used andlur be a'suclated directly or Indirectly With any
other acts,products or services without written permission.
JIMMY DORSEY ORCHESTRA,..
°' .;. TECH\IChL EQUIPMENT S rACILITiCS*
,.;., ,::1'tTRCitASER shpt provicic and pay far all stn);c Ituntls, cleetrtcians,.ligiiting
w ptrators. sound operators, set-up time, striking, rehearsal (Ir require tly And any
pthcr persnnnci necessstry Elie the product ion or ARTISTS show. 'Phis will also
Include the followving iteitns slipulated below,
One(i)neopstic Grand or Baby Grand Piano:Tuned to Intcriiatioststf pitch
(A-440). )piano must be tuned prior to and rehearsal or performance.
2,
All sound equipment must be wired,fired,and tweaked prior to ARITIVT.S
uxrive[for sound chcck,which is lypicvllT live(2)hours licrorc turtaln.
`= 3. All lighting equlptuent must liehunl;,eotored,channelet)and at Wit roul;lt
focused before ARTISTS arrival.Two(2)high tiuullty follow shots are
required for this performance.
4, 16 Chairs
*SOVI�D&•LIGHTING SYSTEMS*
All systems slsouW Ile sufficient to meet ,Jft7'I57.V requirements for the perfarniance
shn11 be supplied and manned b?' qualified ualified technicians at all times,which'Is at
PURCHASERS gale cost and expense All sound ana tiglitinr, cgaipntent shall he
appropriate for the venu it.
Venue(Stitstli/fliediatn.facilit4) f Venue(�ledh]W1.Ar'eor'oaidoor taciny')
rwvo(2)Vocal ATieropliones I Two(2)Vocal 111icroph+�nes 3
One(I)center stage: ON e(t)tenter stage
:
One(l)stage left: One(I)stage fort:
Five(5)Saxophone&ilerophones: I Fisc(5)Saxophone'Nlfcs.
Two(2)Trombone bTicruphones: ?Three(3)Trombone Mies.
Two(2)Trumpet lllcraphones: 7 hrcc(3)Truukpet�Iics.
Two(2)Piano ATicrophones: Two(2)Piano Mies.
One(1)Hass lticrupbouo or Direct Box One(1)Ilass Mic.Or Di
Two(2)Overhead Dram Microphones I Two(2)Overhead Drum Tics.
*Monitors* i
Two(2)pewit stagq for,Lcadcr and.Vocatist-At Ix#I
one(1)for piano—i11ix 1120ne(1)for Bass and Drunks—Mix f12SIde Filts for l
Orchestra—Mir ft3 '
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Accepted and.agreeil to tkx:
PURCHAlSER: (,[p,�,• IST:.
. r
Date: .` J?, Date:
is•. '
.: JIMMY
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