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Home My WebLink AboutCarlota Santana/Flamenco Vivo ORIGIN,~L (' \(PJ !i-:' AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this It>~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 Carlota Santana! Flamenco Vivo, herein referred to "ARTIST", whose address is in-care-of Baylin Artists Management, Inc., 18 West State Street, Suite 203, Doylestown, Pennsylvania 18901, (Telephone: 267-880-3750), herein referred to as "AGENT". 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 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: Carlota SantanalFlamenco Vivo will perform one (1) two-hour evening performance, including "Bailes de Ida y VueIta", on Saturday, October 16, 2004, at 7:30 p.m., at the Auburn Performing Arts Center. In --------.-------.----------------.-------.----------------~---- BRAVO! 2004-2005 Agreement - Carlota Santana/Flamenco Vivo April 9, 2004 Page I of6 CI,,> {j addition, they will conduct a Master W81k.,hup at Gildo Rf'y Elementary School, 1005 37th Street Southeast, Auburn to a maximum audience of 30 school children (at a time to be determined after 12:00 p.m.) for elementary school children in the Auburn School District. . ¡:... G1)J..wl"r If MOSkrcJ05S will þe 45 h7ir¡uft:,S ?/<.(:!> a: /0-/5 YY"lIrt""+'~ ¡Ú.(S !<fV'o. SITE OF PERFORMANCE Ws M1B 3. The ARTIST 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. One (1) single hotel room for October 15th and 16th, 2004; ground transportation for the troupe from Se:aTac Airport plus transportation to the education workshop at Gildo Rey Elementary School on Saturday, October 16, 2004. All promotion of performance, including press Ireleases, paid advertising, radio public service announcements, radioø interviews, postcards and brochure. Box office management and staffing. Rental of the Auburn Performing Arts Center for rehearsals . and evening performance on Saturday, October 14), 2004. fù.f-h lðM-It\. Green Room hospitality, excluding full meals. O(}i-ðbe..- 15¡ ~ Ushers and front-of-house staffing. (y";nimu»,, 4 hl'3') Performance programs. Distribution of postcards. 2. 3. 4. 5. 6. 7. 8. frIó If" ~¡':J i¡J'b The ARTIST shall provide the following for the performance: 1. Ground transportation on Sunday, October 17, 2004, to the airport. 2. Engage and rehearse the company. 3. Provide scores and parts for the company, and pay all fees (if any occur) associated with public performance of music. 4. Provide biographies and photographs of performing artists for performance program and public relations materials Iby August 21, 2004. --------------------------------------------------------------- BRAVO! 2004-2005 Agreement - Carlota SantanaIFlamenco Vivo April 9, 2004 Page20f6 B. Technical Requirements The CITY shall provide the fOllowing technical assisltance for this performance: The CITY will assist with coordination of tcchnical services between the Auburn Performing Arts Center and the ARTIST. The CITY agrccs 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 Sixt.~en Thousand and No/lOO Dollars ($16,000.00). The ARTIST shall be provided 10 complimentary tickets. It will be agreed between the CITY and the ARTIST as to the distribution of these tickets. 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 taxes, which are normally and typically payable by the ARTIST as a result of its performance. This does not include admission taxes and any taxes incident to charges for admission. Payment shall be mailed by overnight mail to Baylin Artists Management, Inc., 18 West State Street, Suite 203, Doylestown, Pennsylvania 18901, on the first business day following the performance on Monday, October 18, 2004. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: The CITY shall market the performance as defined in Section 4. Any other promotional materials neccssary to the performance shall be mUltually agreed upon between the CITY and the ARTIST. 8. INDEMNIFICATION The ARTIST agrees to indemnity, defend and hold the CITY, its agents, ~-----------------------._------------------------------------- BRAVO! 2004-2005 Agreement - Carlota Santana!FIamenco Vivo April 9. 2004 Page 3 of6 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 to the extent such claims arise from the negligent acts of the CITY, its agents, representatives or employees. 9. INABILITY TO PERFORM If ARTIST is incapacitated from rcndering 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 compcnsatioll for the time during which the services have not been rendered. Every effort shall be made between ARTIST and CITY to rcschedule 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 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 ARTIST Baylin Artists Management, Inc. 18 West State Street, Suite 203 Doylestown, PA 18901 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. --------------------------------------------------------------- BRAVO! 2004-2005 Agreement - Carlota SantanaJFlamenco Vivo April 9. 2004 Page 4 of6 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 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 ARTIST agrees to comply with all applicable State and local laws, rules and regulations. ARTIST ~'fva~~;;/- ARTIST TAX ID#: Baylin Artists Management Group: Carlota Santana: DATE: i 7--L( PL/ --------------------------------------------------------------- BRA VO' 2004-2005 Agreement - Carlota Santana/Flarnenco Vivo April 9, 2004 Page 5 of6 CI ~ DATE: Ew;;r,AYOR I ~ (OLJ APPROVED AS TO FORM: -----------------------------------------------~--------------- BRAVO! 2004-2005 Agreement - Carlota SantanaIFlamenco Vivo April 9, 2004 Page 6 of6