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Home My WebLink AboutBarbara Duffy CompanyA z`s . ! F 5 Ayq~,TiiAN 1'QU TAUC~NED AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this ~day of 2009, by and between the City of Auburn, Washington (PRESENTER), a Municipal Corporation of the State of Washington herein referred to as "CITY" and Barbara Duffy Company whose contact information is, 570 isham St. Suite 3B, New York, NY 10034, Y4e*60-99W; ,91a, . , , www.barbaraduffyandcompany.com, herein referred to as "ARTIST." ~wr4~ lL- % -3-->,-i c`"F'TAP 62% ~(,4+ C cY-Y,-\ WHEREAS, the CITY desires to contract with the ARTIST to provide a performance (performances) 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 compiete 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: master class for 7:30pm Feb 26, 2010, "Stages" - One (1) 90 min. performance plus one 0, BRAVO PerForming Arts Series. ~WI tN1T~~55toJ-r 'K6l~'~ Pov- p 3. SITE OF PERFORMANCE: The ARTIST will conduct its performance at the AUBURN PERFORMING ARTS CENTER, 700 E. MAIN ST. (NOTE: Venue is NOT the presenter!) herein referred to as "VENUE". Master class location will either be at the VENUE or a comparable dance studio space in Auburn. 4. REQUIREMENTS a. The CITY shall provide the following for this performance: Promotion of performance and performance programs; Box office management and staffing; Ushers and front-of-house staffing (,not incl. merchandise sales - Reference Item 7-C below). b. The ARTIST shall provide the following for the performance: 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 content, biographies, and optional photographs of key production staff ARTISTS for performance program and public relations materials with the execution of this contract; Additional promotion of event as negotiated with CITY. BRAVO 2010 Season Agreement - BDC Stages Page 1 of 4 ;,.-.a . ~po,THt1NY0U7A1.iGINEP c. 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, through the VENUE, technical labor for this production, as detailed in the ARTIST'S Technical rider (See Addendum) and as approved by the technical director of the VENUE and the ARTIST. 5. COMPENSATION a. ARTIST Fee: In consideration of the services to the CITY in connection with the ARTIST scope of work (performance), the ARTIST shali receive total compensation, inclusive of travel, of $11,000.00. In addition, Five-.Eftdwwbie hotel rms on Feb. 25826 plus Artist 69--2 Hospitality Rider will be provided. S b. Complimentary Company Tickets: 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 box office representative with a guest list 30 min. prior to the performance. 6. PAYMENT SCHEDULE The ARTIST shall be paid as outlined in Item 5 above 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. Deposit of $3,300 to ARTIST will be sent to the within 30 days of the execution of this contract, per compliance with the regulations of the CITY Finance Department. b. Balance of $7,700 to ARTIST will be delivered to the ARTIST's company manager or his/her designee immediately following the performance. 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. 7. PROMOTIONAL RESPONSIBILITIES a. Promotional materials shall be mutually agreed upon between the CITY and the ARTIST. b. The ARTIST assumes sole and total responsibility for all of ARTIST Merchandise Concessions, if any, including inventorv, cash bank, credit card suqplies and sales personnel. ARTIST maintains 100% of total sales receipts of ARTIST Merchandise. The CITY and/or VENUE will provide (1) table in the lobby of the VENUE for Merchandise Sales. If ARTIST cannot provide sales personnel, the CITY will provide up to two volunteer personnel. ARTIST and/or AGENT must sign a waiver releasing the CITY of any liability regarding the sale of inerchandise. 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 BRAVO 2010 Season Agreement - BDC Stages Page 2 of 4 * * ~ ~ . opTHANYQtrIMAG1NE1~ 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 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, through no fault of the CITY, the performance(s) (Item 2: Scope of Work) shall be rescheduled at a mutually agreed upon date to occur not more than 12 months following the date of the initially scheduled performance, either at the same VENUE as initially scheduled or at another comparable venue available to the CITY for such performance. If the performance cannot be rescheduled within that time frame, 100% of Deposit (Item 6: Payment Schedule) paid to ARTIST shall be returned to CITY. If the performance cannot proceed through some fault of the CITY, but the CITY gives at least ninety (90) days advance notice of cancellation to the ARTIST, 50% of total Deposit (Item 5-A: ARTIST Fee) paid to ARTIST shall be returned to CITY. If the performance cannot proceed through some fault of the CITY, and the CITY gives less than ninety (90) days advance notice of cancellation to the ARTIST, none of the total Deposit (Item 5-A: ARTIST Fee) shall be returned to CITY. 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 Parks, Arts & Recreation 910 Ninth Street SE, Auburn, WA 98002 253-931-3043 1 Lrose@auburnwa.gov AR'iIST Barbara Duffy Company 570 Isham St. Suite 313, New York, NY 10034 j /p-g, S.S~ ; (fax) , .barbaraduffyandcompany.com 1>~ ~7 i-c Ap (Z~) AO L - L4AA, AGENT Patricia Duffy 617-721-0088; pa_duffy@verizon.net 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: BRAVO 2010 Season Agreement - BDC Stages Page 3 of 4 t11AN YQil7M,1Git36l~ A. No waiver by either party of any breach or default hereunder shail 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 shail 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. ~-signature) ARTIST T ID#: - ~ ~ l m DAT CI OF A ~ ~ . '.._'3 PETER B. LEWIS, MAYOR OCT 2 3 2009 DATE ATTEST: ~ Danielle Daskam, City Clerk 711), zi Daniel B. i; Cit A orne BRAVO 2010 Season Agreement - BDC Stages Page 4 of 4