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HomeMy WebLinkAboutEvergreen City Ballet A.3·i{..~ 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. ------------------------------------------ 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 ------------------------------------------ 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 ------------------------------------------ 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. ------------------------------------------ BRA VO' 2004-2005 Agreement - Evergreen City BaHet May 15,2003 Page 4 of 5 ARTIST ~~~~ EV GREHf« CITY ALLET ARTIST TAX ID#: DATE: ?f~ ?( .20-0 <I CITY ~ PETER B. LEWIS, {viA YOR DATE: v/>V'Ckl./ ------------------------------------------ BRA VO' 2004·2005 Agreement - Evergreen City Ballet May 15,2003 Page 5 of 5