The URL can be used to link to this page

Home My WebLink AboutEncore Attractionos ORIGIN~L AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this bLi- day of ~_, 2004, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Encore Attractions, whose address is 9580 East Ranch Gate Road, Scottsdale, Arizona 85255 (Telephone: 480-502-9779), herein referred to "PRODUCER". WHEREAS, the CITY desires to contract with the PRODUCER to provide an artistic performance for the public in Auburn, Washington; and WHEREAS, the PRODUCER has agreed to perform the work in compliance with the terms and conditions of this Agreement; NOW THEREFORE, the CITY and PRODUCER in consideration of the eonditions and covenants herein do agree as follows: I. RETENTION OF PRODUCER The CITY does hereby retain the PRODUCER to perform the work and services described herein. The parties agree that the PRODUCER is an independent contractor and shall furnish all supervision, labor, and all other incidentals except as specifically provided herein and the PRODUCER 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 PRODUCER agrees to provide the following specific services in its artistic performance: Engage a theatrical company of STAND BY YOUR MAN - THE TAMMY WYNETTE STORY for a full-evening performance on Sunday, January 30, 2005, at 7:30 p.m. at the Auburn Performing Arts Center. --------~------------------------------------------------------ BRAVO! 2004-2005 Agreement - Encore Attractions April 9, 2004 Page I of5 3. SITE OF PERFORMANCE The PRODUCER will conduct its performance at the Auburn Performing Arts Center, 700 East Main Street, Auburn, Washington 98001. 4. REQUIREMENTS A. Performance Requirements The CITY shall provide the following for this performance: 1. All promotion of performance, including press releases, paid advertising, radio public service announcements, radio interviews, brochure, and postcards. 2. Box office management and staffing. 3. Rental of the Auburn Performing Arts Center' for load-in, rehearsals and evening performance on Sunday., January 30, 2005. 4. Green Room hospitality, excluding full meals for musicians. 5. Ushers and front-of-house staffing. 6. Performance programs. 7. Distribution of postcards. The PRODUCER shall provide the following for the perfomlance: 1. Provide scores and parts for musicians/actors and pay all fees (if any occur) associated with public performance of music. 2, Engage and rehearse the theatre company. 3. Provide biographies and photographs of performing artists for performance program and public relations materials by December 3, 2004. 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 Auburn Performing Arts Center and the PRODUCER. The CITY agrees to provide technical labor for this production, as detailed in the PRODUCER'S technical rider and approved by the technical director of the Auburn Performing Arts Center. --------------------------------------------------------------- BRAVO! 2004-2005 Agreement - Encore Attractions April 9, 2004 Page 2 of5 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the PRODUCER shall receive total compensation of Twelve Thousand Five Hundred and No/I00 Dollars ($12,500.00). The PRODUCER shall be provided 10 complimentary tickets. It will be agreed between the CITY and the PRODUCER as to the distribution of these tickets. 6. PAYMENT The PRODUCER 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 rend<'red under the terms ofthis Agreement. The payment to the PRODUCER shall be in compliance with the regulations of the CITY Finance Department. The PRODUCER agrees to be responsible for payment of any taxes, which are normally and typically payable by the PRODUCER as a result of its performance. This does not include admission taxes and any taxes incident to charges for admission. Payment shall be delivered to the PRODUCER'S representative immediately following the performance. 7. PROMOTIONAL RESPONSIBILITIES PRODUCER shall provide the following promotional materials to the CITY: The CITY shall market the performance as defined in Section 4. Any other promotional materials necessary to the performance shall be mutually agreed upon between the CITY and the PRODUCER. 8. INDEMNIFICATION The PRODUCER 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 inrringements for musical performances, arising out of the performance and obligations contained in this Agreement on the part of the PRODUCER, its agents, representatives and employees except to the extent such claims arise rrom the negligent acts of the CITY, its agents, representatives or employees. --------------------------------------------------------------- BRAVO! 2004-2005 Agreement - Encore Attractions April 9, 2004 Page3 of 5 9. INABILITY TO PERFORM If PRODUCER is incapacitated from rendering services through sickness or otherwise, or if PRODUCER cannot perform because of fire, accid<:nt, act of God or impossibility of performance, the PRODUCER shall not receive any compensation for the time during which the services have not b'~en rendered. Every effort shall be made between PRODUCER and CITY to reschedule the performance(s) at a mutually agreed upon date, 10. TERMINATION In the event the PRODUCER or the CITY defaults or fails to comply with any of the requirements of this Agreement, or any obligations hereunder, the OTHER may at its option terminate the Agreement. Such remedies shall be in addition to any other right or remedy each may have. II. 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 Cultural Programs Manager City of Auburn 910 Ninth Street SE Auburn, W A 98002 PRODUCER 4...............<::. -1, La....... ì>r"-"'~ J.lMU':'3 B. Ð.LUHdl, I~I.......LD.tlllJ, n" j r Encore Attractions 9580 East Ranch Gate Road Scottsdale, AZ 85255 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. -------~-----------------..._---------------------------------- BRAVO! 2004-2005 Agreement - Encore Attractions April 9, 2004 Page 4 of5 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 LOSING PARTY agrees to pay all reasonable costs, attorney's fees and expenses that may be incurred by the PREVAILING PARTY in enforcing the provisions of this Agreement. E. In the performance of the work herein, the PRODUCER agrees to comply with all applicable State and local laws, rules and regulations. PRODUCER D#: DATE: 7/ Go, Ioq- AUB~<__, - PETER B. LEWIS, Mt YOR DATE: Þ ~ Lo; --------------------------------------------------------------- BRAVO! 2004-2005 Agreement - Encore Attractions April 9, 2004 Page 5 of5