HomeMy WebLinkAboutBYU Performing Arts Mgmt/Young Ambassadors
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AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this~ day of 11J.k; ,
2006, by and between the City of Auburn, Washington, a Municipal Corporation of the
State of Washington herein referred to as "CITY" and BYU Performing Arts
ManagementIYoung Ambassadors whose address is, Brigham Young University,
Oliver House, Provo, UT 84602-9951 herein referred to as "ARTIST".
WHEREAS, the CITY desires to contract with the ARTIST to provide an artistic
performance 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 sHrvices
described herein. The parties agree that the ARTIST is an independent
contractor and shall furnish all supervision, labor, and all other incide!ntals 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 in its al1istic
performance: One 90-minute with one intermission of '~CiJ:eI~ dt"tite" at 7:30
p.m., Friday, March 2, 2007. ~t% @;
3. SITE OF PERFORMANCE KHtIrn
The ARTIST will conduct its performance and workshop (unless mutually
otherwise decided for workshop) at the Auburn Performing Arts Ceinter,
700 E. Main, Auburn, Washington, herein referred to as "VENUE".
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4. REQUIREMENTS
A. The CITY shall provide the following for this performance: One (1)
night accomodations for one (1) double hotel room, three (3) single hotel rooms
and "home stays" for 43 artists and crew. Green Room hospitality and dinner for
48 one night; All promotion of performance, including press releases, paid
advertising, radio public service announcements, brochures and postcards; box
office management and staffing; ushers and front-of-house staffing; performance
programs; rental of Auburn Performing Arts Center for load-in, rehearsal and
evening performance on Friday, March 2, 2007.
The ARTIST shall provide the following for the performan1ce: 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,
biographies, and photographs of performing artists for performance program and
public relations materials.
B. 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 technical labor for this production, as detailed in the
ARTIST'S technical rider and as approved by the technical director of the
VENUE and the ARTIST.
5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic
performance, the ARTIST shall receive total compensation of a total of
four thousand and no/100 ($4,000.00) performance fee, inclusive- of travel.
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
with a guest list prior to the performance.
6. PAYMENT
The ARTIST shall be paid 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 fee of four thousand and no/100 ($4,000.00) payable to BRIGHAM YOUNG
UNIVERSITY. Payment shall be delivered to the ARTIST's company
manager or his/her designee immediately following the performcllnce.
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7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY:
A. Promotional materials shall be mutually agreed upon between the CITY
and the ARTIST.
B. The CITY will market the performance as defined in Section 4.
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 sLlch 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, the ARTIST shall not receive any compensation for
the time during which the services have not been rendered. Every effort shall be
made between ARTIST and CITY to reschedule the performance(s) at a mutually
agreed upon date.
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 Laurie Rose, Cultural Arts Manager
City of Auburn
910 Ninth Street SE
Auburn, W A 98002
ARTIST BYU Performing Arts Management
Oliver House
PO Box 28500
Brigham Young University
Provo, UT 84604-9951
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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:
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 feElS 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.
ART'~2 i15a~~ W-
ARTISTT AX 10#:
DATE: ~/Z/()h
.
CITYt-~ ~_~ ------
-,
PETER B. LEWIS, MAYOR
DATE: fJUl - i 2_
A~
Danielle Daskam, City Clerk
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