HomeMy WebLinkAboutEvergreen City Ballet
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ORIGINAL
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this...3...L day of May, 2004 by and between
the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to
as "CITY" and Evergreen City Ballet, c/o Darrelynn Hallowell, Executive Director, Evergreen City
Ballet, 10 East Main Street, Auburn, Washington 98002 (Telephone: 253-833-9039), 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 ofthis 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 in its artistic
performance: Evergreen City Ballet will perform one (1) performance of
Sleeping Beauty at the Auburn Performing Arts Center on Friday, April 22,
2005, at 7:30 p.m., as part of the Bravo! series. This production for Bravo! will
be performed with taped music only, not with an orchestra (the remaiuing
performances of Sleeping Beauty that are part of Evergreen City Ballet's
regular season prodnction will be performed with live orchestra).
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at the Aubnrn Performing Arts
Center, 700 East Main Street, Anburn, Washington 98001.
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BRAVO! 2004-2005
Agreement - Evergreen City Ballet
May 15,2003
Page 1 of 5
4. REOUIREMENTS
A. Performance Requirements
The CITY shall provide the following for this performance:
1. Promotion of the Bravo! performance will be marketed seuaratelv
from the remaining performances of Evergreen City Ballet.
Promotion for the Bravo! performance will include press releases,
the Bravo! brochnre, 50 posters, and postcards.
2. Box office management and staffing for performance on Friday,
April 22, 2005.
3. Ushers and front ofhonse staffing for performance on Friday,
April 22, 2005.
4. Rental of Auburn Performing Arts Center for load-in and
rehearsals, Wednesday, April 20, 2005 through Sunday, April 24,
2005; performance for Bravo! on Friday, April 22, 2005, including
the technical crew labor NOT TO EXCEED Three Thousand Five
Hundred and No/I00s Dollars ($3,500.). NOTE: Auburn School
District will bill any costs over $3,500 directly to ARTIST.
5. Green Room hospitality for performance on Friday, April 22,
2005, excluding full meals for dancers.
B. The ARTIST shall provide the following for the performance:
1. Provide scores and parts for the company and pay all fees (if
any) associated with public performances of Sleeping Beauty
and its accompanying mnsic tapes or CDs.
2. Engage and rehearse the company.
3. Provide biographies and photographs of those associated with
the performance for programs and public relations materials
by March 11, 2005.
4. Provide pre-performance educational lecture aud program
notes for the performance.
C. Technical Requirements
The CITY shall provide the following technical assistance for the
performance: Assistance with coordination oftcchnical services
between the Auburn Performing Arts Center and the ARTIST. The
CITY agrees to provide technical labor for this production, as detailed
in the ARTIST'S technical rider and approved by the Technical
Director of the Auburn Performing Arts Center 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$10,000. (Ten
Thousand and No/I00 Dollars), with the CITY retaining all Bravo!
subscription and ticket revenues for the performance. A performauce deposit
of Five Thousaud aud No/I00s Dollars ($5,000.), which is fifty percent (50%) is
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BRAVO! 2004-2005
Agreement - Evergreen City Ballet
May 15, 2003
Page 2 of5
payable no later than Friday, January 28, 2005. The balance of Five Thonsand
and No/I00s Dollars ($5,000.) is payable immediately following the
performance on Friday, April 22, 2005.
The ARTIST shall be provided eight (8) complimentary tickets. It will be
agreed between the CITY and the ARTIST as to the distribntion of these
tickets.
6. PAYMENT
The ARTIST shall be paid by the CITY for the performance in compliance with the terms
of this Agreement. Such payment shall be full compensation fur 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
agrccs to be responsible for payment of any and alllaxes which may be due as a result of
performance under this contract. A performance deposit of Five Thousand and
No/I00s Dollars ($5,000.), which is fifty percent (50%) is payable no later than
Friday, Jannary 28, 2005. The balance of Five Thousand and No/lOOs Dollars
($5,000.) shall be delivered to the ARTIST's Production Manager, or his/her
designee, immediately following the performance on Friday, April 22, 2005.
7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY:
The CITY shall market the performance onlv as defined in Section 4A. The
ARTIST shall provide all professional materials to the CITY, as defined in
Section 4B.
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 ofthe CITY, its agents, representatives or employees.
9. INABILITY TO PERFORM
If ARTIST is incapacitated ftom 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
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BRAVO! 2004-2005
Agreement - Evergreen City Ballet
May 15,2003
Page 3 of 5
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
Susan Gochoel, Cultural Programs Manager
City of Auburn
910 Ninth Street SE
Auburn, W A 98002
ARTIST
Evergreen City Ballet
c/o Darrelyn Hallowell, Executive Director
10 East Main Street
Auburn, W A 98002
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 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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BRA VO' 2004-2005
Agreement - Evergreen City BaHet
May 15,2003
Page 4 of 5
ARTIST
~~~~
EV GREHf« CITY ALLET
ARTIST TAX ID#:
DATE:
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CITY
~
PETER B. LEWIS, {viA YOR
DATE: v/>V'Ckl./
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BRA VO' 2004·2005
Agreement - Evergreen City Ballet
May 15,2003
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