HomeMy WebLinkAboutGlenn Miller Productions, IncA-ti-
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AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this _13_ day of— April_, 2015, by and between the City of
Auburn, Washington (PRESENTER), a Municipal Corporation of the State of Washington herein referred
to as "CITY" and Glenn Miller Productions, Inc., herein referred to as "ARTIST" represented by
Producers Inc. whose contact information is 11806 N 56`" Street, Tampa, FL 33617 -1652, 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, April 2^7:30 pm. One (1) performance (plus intermission).
140%
3. SITE OF PERFORMANCE: The ARTIST will conduct its performance at the AUBURN
PERFORMING ARTS CENTER, 702 Fourth St. N.E. Auburn, WA 98002 (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) except BMI, ASCAP and SESAC 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.
5. COMPENSATION
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BRAVO 2015 -2016 Season
Agreement — Glenn Miller Orchestra
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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 $9,100.
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.
C. Hotel Accommodation: 6 single hotel rooms and 7 double hotel rooms for Saturday,
April 2, 2016.
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 a. Deposit of $4500 made payable to Glenn Miller Productions Inc., and mailed to
Producers Inc. herein referred to as "AGENT." within 30 days of the execution of this
contract, no later than November 15, 2014, and no later than, per compliance with the
regulations of the CITY Finance Department.
b. Balance of $4600 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.
PROMOTIONAL RESPONSIBILITIES
Promotional materials shall be mutually agreed upon between the CITY , ARTIST, 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.
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Agreement - Glenn Miller Orchestra
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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
period, 100% of Deposit (Item 6: Payment Schedule) paid to ARTIST shall be returned to CITY.
If the ARTIST services cannot proceed 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 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.
10. 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 Producers, Inc.
Contract Office
11806 N 56`" Street
Tampa, FL 33617 -1652
ARTIST Glenn Miller Productions, Inc.
c/o Producers, Inc.
Contract Office
11806 N 56" Street
Tampa, FL 33617 -1652
Kathy " KC" Smith
Producers, Inc.
NW AgenUContracts
kcsmith(o) producers inc.com
(813) 988 -8333 fax:(813)985 -3293
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.
11. GENERAL PROVISIONS
The following provisions may apply:
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Agreement - Glenn Miller Orchestra
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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.
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.
ARTIST �(
Glenn Miller Productions, nc.
c/o The Producers, Inc.
11806 N 56`" Street
Tampa, FL 33617 -1652
Agent TAX ID #: 13- 5650273
s/
DATE
CITY OF AUBURN
ancy Back ,-MAYOR
�1 i 5
DATE
AT EST:
Danielle Daskam
CITY Clerk _
BRAVO 2015 -2016 Season
Agreement— Glenn Miller Orchestra
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GLENN MILLER ORCHESTRAO
THIS RIDER FORMS PART OF TIIE ANNEXED AGREEMENT DATED
1, BILLING: The GLENN MILLER ORCHESTRA shall receive One Hundred Percent (100'%) billing in all printed
material, paid advertising, displays, programs, and any and all other advertising and publicity media used in connection
with this engagement as specified by the Artist. The show shall be advertised as:
The World Famous 35%
Glenn Miller Orchestra 1000/o
2. CANCELLATION POLICY: The Artist has the right to cancel (or postpone to a mutually agreeable date) this
engagement upon written notice to the Purchaser at least eight (8) weeks prior to the date of commencement of the
engagement if the Artist enters into a contract prior to such eight (8) week period for the services of the Orchestra in
film, radio, television or theatrical production. In the event of such cancellation, the Artist's total liability to the
Purchaser hereunder shall be to pay to the Purchaser the amount of the nonrefundable deposit made hereunder.
Purchaser may not cancel this engagement for any reason whatsoever including conditions beyond its control such as
accidents, riots, strikes, acts of God, and inclement weather, and the performance fee due hereunder is payable in full
notwithstanding the occurrence of any such events. If venue is outdoors, Purchaser has the option of changing to a local
indoor venue following notice provided prior to Artist's arrival and setup.
3. NO RECORDING: Unless approved by the Artist, the Purchaser shall not:
A. schedule leader or members of the Orchestra for television or radio appearances;
B. permit any portion of the performance rendered hereunder to be broadcast, photographed, recorded, filmed, taped, or
embodied in any form for any purpose, and Purchaser agrees that it will not authorize any such activity, nor admit to
performance any persons carrying tape, film, cassettes, or video recording devices.
PLEASE POST:
"NO AUDIO OR VIDEO RECORDING AND NO FLASH PHOTOGRAPH) ""
4. SUPPORT ACTS: Artist shall have absolute right of approval of any other acts on the show, including set length,
billing, and placement in the show. In the event said approval is granted and Orchestra further agrees to rehearse with
and /or accompany such acts, Artist shall receive additional compensation in an amount to be agreed upon separately.
STAGING: The Purchaser agrees to furnish, at its own expense, the following, all of which most be in first -class
condition:
(a) One (1) grand (or baby grand) piano tuned to 440 -A pitch; (Steinway or Yamaha preferred)
(b) Sixteen (16) chairs on stage:
(c) Proper lighting on stage (full wash) and two (2) spotlights with operators; (spotlights for concerts only)
(d) A bandstand with skirted risers / platforms in conformance with the Orchestra's standard stage plot attached hereto.
6. SOUND: The Artist will provide and use its own sound system for the engagement unless said system is inoperative,
inadequate, or unavailable. If so advised by the Artist, the Purchaser shall provide same at its own expense in
accordance with the sound equipment schedule attached hereto.
Please note that the Artist's sound system may not be adequate for large outdoor venues.
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7. DRESSING ROOMS: Purchaser at its own expense shall provide Orchestra personnel with three (3) adequate dressing
room facilities at or near the premises to enable the Leader, the musicians, and vocalists to change prior to and after the
performance hereunder.
8. HOSPITALITY: Purchaser agrees to provide orchestra personnel (20 people) with a steal such as but not limited to
sandwiches or hot dishes, a cheese /fruit /vegetable tray or salads, coffee, water, juice and soda.
9. SETTLEMENT: T he balance of the guarantee shall be paid to the manager of the Glenn Miller Orchestra 30 minutes
prior to the performance in cash or by certified check or bank draft drawn to the order of Glenn Miller Productions,
Inc.
Should the terms of this contract entitle the Orchestra to participate in gross admission receipts or cover charges, the
Purchaser agrees that in addition to Artist comps it will not issue more than thirty (30) eomplintentary tickets, or three
percent (3 %) of capacity, whichever is greater. A representative of the Glenn Miller Orchestra shall have access to the
box office at all times throughout the day of engagement for purposes of verifying ticket sales. Purchaser will furnish
Artist's representative with a signed box office statement at completion of engagement.
10. MERCHANDISING: The Purchaser agrees to permit Glenn Miller Orchestra souvenir programs, CD's, DVD's, T-
shirts and memorabilia to be sold throughout the engagement by salesmen designated by Artist without charge by the
Purchaser.
11. COMPLIMENTARY TICKETS: Eight (8) courtesy house seats will be made available at all performances for use by
the Artist.
12. HOTEL ACCOMMODATIONS: Purchaser at its own expense shall provide six (6) single rooms and seven (7)
double rooms the night of the performance in a reasonable hotel as close to the venue and restaurants as possible.
13. FUEL SURCHARGE: Because of increased bus operating expenses, the Purchaser shall pay Artist
$100.00 at the venue either in cash or by separate check as partial reimbursement of its fuel costs.
14. INSURANCE: Artist carries standard Commercial General Liability insurance in the amount of $1,000,000 per
occurrence /52,000,000 Aggregate, Workers Compensation Insurance /Employers Liability, Automobile Liability insurance in
the amount of 51,000,000 for all Owned, Non -Owned & Hired Auto Vehicles and an Umbrella policy with $5,000,000.
Artist wilt provide a certificate of liability insurance if requested at least 30 days prior to the engagement. Any additional
dollar amounts, or requests to be a named insured, will be at the sole expense of the Purchaser.
15. The Person signing this Agreement warrants that he / she is authorized to represent the Purchaser and has the authority
and means to present Artist according to the terms herein. Any changes, deletions, additions to this Agreement and / or
Rider, including any Purchaser Addenda or Riders shall not apply unless approved by Artist in writing. Should there be a
conflict between Purchaser's Rider /Addenda and Artist's Agreement /Rider, Artist's Agreement /Rider shall apply.
Glenn Miller Productions, Inc.
By:�
Date:
Purchaser
Date: y11�1Za1S
GLENN MILLER ORCHESTRA
Sound Requirements
The Following equipment to be provided by Purchaser only if so advised by Artist in accordance
with article #6 of the contract rider.
A. Theatres or theatre -sized indoor facilities:
I .
Four vocal microphones across the front
2.
Five saxophone microphones
3.
Two trombone microphones
4.
Two trumpet microphones
5.
One piano microphone
6.
Two floor monitors for vocalists
7.
Sidefills (monitors) suggested but not required
B. Outdoor concerts or very large indoor facilities:
1.
Four vocal microphones across the front
2.
Five saxophone microphones
3.
Two trombone microphones
4.
Two trumpet microphones
5.
One piano microphone
6.
One bass microphone or direct input
7.
Three drum microphones (overhead, kick and snare)
8.
Two floor monitors for vocalists
9.
Sidcfills (monitors) strongly suggested (not required)
Note: hburteen (14) total microphones and two (2) monitors for indoor jobs.
Eighteen (18) total microphones and at least two (2) monitors for
outdoor jobs.
The Miller Sound Lives Forever!
3208 N'. Lake Map, Blvd., Suite 1720 V Lake Maryd Florida 32746
Phone: (321) 441 -9135 www.glenumillerorchestra.coom
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