HomeMy WebLinkAboutBaylin Artists Management
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AuBuRN
1101111 THAN YOU IMAGINgO
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this -_4 day ofa & o , 2011, by and between the
City of Auburn, Washington (PRESENTER); a Municipal Corporation of the State of Washington herein
referred to as "CITY" and Frank Ferrante Productions, Inc. whose contact information is,2 38 North
Bradoaks Avenue, Monrovia, California 91016,h erein referred to as "ARTIST" and Baylin Artists
Management whose contact information is 196 West Ashland Street, Suite 201, Doylestown, PA 18901,
herein referred to as "AGENT".
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 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:
Saturday, October 1, 2011, 7:30 pm.. One (1) performance (90 minutes, plus intermission).
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"
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 and artists for performance program and public relations
materials with the execution of this contract; Additional promotion of event as negotiated with
CITY.
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 ARTISTS's Technical rider (See Addendum) and as approved
by the technical director of the VENUE and the ARTIST.
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5. COMPENSATION
a. ARTIST Fee: In consideration of the services to the CITY in connection with the ARTIST
scope of work (performance), the ARTIST shall receive total compensation of $7,500.
b. Complimentary,Company Tickets: The ARTIST shall be provided up to Ten (10)
tickets in advance or
complimentary tickets for the performance. The ARTIST may request
provide the CITY box office representative with a guest list 30 min. prior to the performance.
C. Hotel Accommodation: 2 single hotel rooms for October 1, 2011 September 30,
2011 if necessary based on flight schedule and arranged 2 months prior to 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 underthis contract.
a. Deposit of $1500 will be sent to Baylin Artists Management.lnc. herein referred to as
"AGENT." within 30 days of the execution of this contract, per compliance with the regulations of
the CITY Finance Department.
c. Balance of $6000 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 A RTIST, and
AGENT.
b. The ARTIST assumes sole and total responsibility for all of ARTIST Merchandise
Concessions, if any, including inventory cash bank credit card supplies 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 merchandise.
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 of the CITY, its AGENTs, representatives or employees.
9. INABILITY TO PERFORM
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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
period, 100% of Deposit (Item 6: Payment Schedule) paid to ARTIST shall be returned to CITY.
If the ARTIST services cannotproceed through some fault of the CITY due to causes other than
fire, accident, act of God or impossibility, of performance, the CITY shall reschedule the ARTIST
services on a mutually-agreed upon date between CITY and ARTIST and either at the same
VENUE as initially scheduled or at another comparable venue available to the CITY for such
performance.
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 Maija McKnight, Arts Coordinator
City of Auburn Parks, Arts & Recreation
910 Ninth Street SE
Auburn, WA 98002
253-931-3043 1 mmcknight@auburnwa.gov
AGENT Baylin Artists Management, Inc.
196 West Ashland Street, Suite 201
Doylestown, PA 18901
267=880-3750
267-880-3757" (fax)
Ikostishion(~baylinartists.com
(Lynne Ko#shion, contracts manager)
Tax Id: 23-3063818
_ ARTIST Frank Ferrante
238 North Bradoaks Avenue
Monrovia, CA 91016
Tax. Id: 27-0011037
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:
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AUBURN
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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.
AGENT
M Ac J lin, President
Bay in Artists Management, Inc.
Agent TAX ID#: 23-3063818
(b [Q21 1
DATE
CIT
PET B. LEINIS,'MAYOR
JUN 16 2011
DATE
TEST:
Danielle Daskam
CITY Clerk
APR V D AS TO FORM:
Daniel B. Heid
CITY Attorney
5.
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