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Home My WebLink AboutTangoheart/Bertram Levy Music Productions A3.ICo.S ORIG/~J.~L AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 14- day of J..JN , 2005" by and , between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Tangoheart, c/o Bertram Levy Music Productions, Attn: Bertram Levy, P. O. Box 218, Port Townsend, Washington 98368, (Telephone: 360-385-2979), 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 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 performcmce: One (1) evening performance made up of two (2) 50-minute sets with a 15-minute !intermission featuring six (6) musicians and four (4) dancers, on Sunday" .;#: January 29, 2006 at 7:30 p.m. at the Auburn Performing Arts Center. In ,addition, Bertram Levy, of Tangoheart, will present a 30-minute pre-concert lectur'e at 6:45 p.m. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at the Auburn Performing Arts Centel', 700 East Main Street, Auburn, Washington 98001. ---------------...-----....---------------------------.........--------- BRA YO! 2005-2006 Agreement - Tangoheart June 30, 2005 Page I of5 -...-.._~-- 4. REOUIREMENTS A, The CITY shall provide the following for this performance: 1. All promotion of performance, including press release, paiid advertising and direct mail, such as season brochure and IPostcards. 2. Box office management and staffing. 3. Rental of Auburn Performing Arts for load-in, rehearsal and evening performance on Sunday, January 29, 2006. 4. Green Room hospitality on Sunday, January 29, 2006, excluding full meals. 5. Ushers and front of house staffing. 6. Performance programs. 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 performance of music. 2. Engage and rehearse the company. 3. Provide program, biographies, and photographs of performing artis~ for performance program and public relations materials b" December 12, 2005. 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 ARTIST. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of Six Thousand and NO/100s Dollani ($6,000) made payable by check to Bertram Levy Music Productions, immediately following the performance on Sunday, January 29, 2006. The ARTIST shall be provided ten (10) complimentary tickets. It will be ilgreed 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 and all taxes, which may be due as a result of performance under this contract, Six thousand and NO/100s dollars ($6,000) will be delivered to Bertram Levy Music Production's company manager or his/her designee immediately following the performance on Sunday, January 29, 2006. ------..-----....-----....-----------..-----...---...-------------------- BRA YO! 2005-2006 Agreement - Tangoheart June 30, 2005 Page 2 of 5 _._..__.,.._~.~-.,-- --_.~~'~-'---------_._.- .,----- ~---~---"-_.._--- 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: A. Promotional materials shall be mutually agreed upon between the CITY and the ARTIST. B. The CITY will market the performance as defined in Section 4. 8. INDEMNIFICATION The ARTIST agrees to indemnify, defend and hold the CITY, its agents, represent3tives and employees harmless from and against any and all claims, causes of action or dem.ands 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 lexcept where such claims arise solely from the negligent acts of the CITY, its agents, replresentatives 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 performanc:e, the ARTIST shall not receive any compensation for the time during which th~! 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 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 Lori Patrick, Cultural Arts Manager City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Bertram Levy Bertram Levy Music Productions p, O. Box 218 Port Townsend, WA 98368 --------------------------------------------------------------- BRA YO! 2005-2006 Agreement - Tangoheart June 30, 2005 Page 3 of5 _..."_.,-""~."."._.,----"" ""- 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 YO! 2005-2006 Agreement - Tangoheart June 30, 2005 Page 4 of 5 _._.,--.."~_.,--_."-~--_..__._,-._-,----,~. . . ARTIST '~~J) BERTRAl ~ BERTRA~EVY MUSIC PRODUCllONS ARTIST TAX ID#: DATE: ~ l.tYO 5: c -- PETER B. LEWIS, MAYOR! { 7 ~ <t5 DATE: ..-----....---.......---....------------------..----.....---.....-------..-----.. BRA YO! 2005-2006 Agreement - Tangoheart June 30, 2005 Page 5 of5 -~--"._.._"--".__._._----~----- ---