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HomeMy WebLinkAboutProfessional Service Agreement with Missoula Children's Theatre for Meridian Arts CommissionDEC/16/2008/TUE 10:03 AM FAX No, PROFESSIONAL SERVICES AGREEMENT WITH MISSOULA CHILDREN'S THEATRE P, 001 This PROFESSIONAL SERVICES AGREEMENT WITH ~(IIS~OULA CHIEDHEN'S THEA,T~ (hezei~~a.fter "Agreement") is made tlus ~ day of December, 2008 (tile "Effective Date"), by and between the City of Meridian, a nnuzicipal corporation orgaz~.ized under the laws of the State of Xdahv (berei_ua.fier "Preser~ter'~, through the duly delegated Meridian Arts Commission, and the Missoula Cluldren's Theatre, a corporation organized under the laws of the State ofMontaua (hereinafter "MCT"). WHEREAS, the mission of'the Meridian Arts Commission is to develop, advance, and nurture all facets of the arts to enhance tlae quality of life for Meridian residents and its visitors; WHEREAS, the mission of MCT is the development of lifeskills isz children through participation in the perfom~ing Aids; 'W~YEREAS, the respective governing bodies of Presenter and MCT find that these nussions coinplenlent each other and wish to work together to fiu~ther the objectives of bath by bringing MCT to the Meridian comnnuzify for a Residency Tour, as descriUed in ~`rhibit B i~ereto; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of tivhich is hereby acknowledged and agreed, and in consideration of the imtrttial promises and co~venan~hs herein contained, and in consideratian of the recitals above, which are incorporated herein, Presenter and MCT aga'ee as Follows: X MCT Taurxu,¢ Contract. The MCT Touring Contract, as modified by the deletion of the in,s~uance and mutual indemnification clause ~u1d attached hereto as Exhibit A, is incorporated herein by reference and n~,ade a part oFtl~zs Agreement as if set forl'h ia~ its entirety' ixa this Agreement. II. Mutual Iudemnificati[on and Insurance. A. Presenter indemnifies MCT. Presenter, its agents, successors, and assigns, shall indemnify and hold MCT, its agents, successors and assigns, harmless from all claims made against MCT resulting from any loss, injury, damage, cost or e~cpense, including legal fees, to any person or property caLtised by Presenter's negligence. insofar As housing, aLlditions, rehearsals, worltshops, atld/or performances related to tlus Agreement are provided ar held at premises or facilities not held or controlled by Presenter, Presenter inaltes no watTa~.zty or promise as to the condition, safety, usefvhiess, or habitability of such premises or facilities. B. MCT iudemuiBes Presenter. MCT, its agents, successors, and assigns, shall indenvtify and hold Presenter, its agents, successors and assigns, harmless fiorn all claims made pROrL•SSIONAL SLRVICCS AGREEMEN'C WITH MISSOULA CHILDREN'S THEATRE PAGE 1 ar• 4 , ,. ~' '~ € x ~~ 5 ~ ~ ; I { Fi i ~ 1 e ~ j y j i f ~ i ( ~ ; I ~ ~ ~' ' ~ (1. ~ Il ~ yy t , ' ~ f ~ ~ ' r ` ' ~ // ~ i ! rj . ~ ~ ~ {. a r • 3 ' {, , ~ N yp ~ ~ ~ 1 ~j ~ ~.1 ~~ ~ ~ f~," i I F S ~ ~' ~ f L ~ rC ~' I t ~ I ` . ~ . ~ ~ ~ ( ~ ~ ~ ~ ~ k ~ s ~ ( ` ~ ! f ~ ~ e ~ ~ { ~ E ` 3 ~ ~ ~ ~ ~ s I L I S 1: DEC/16/2008/TUE 10:03 AM FAX No, P, 002 against Presenter resulting from any loss, injury, dan~.age, cost or expense, including legal fees, to any person or property caused by Presenter's negligence. C. 't~Vox l~e~-'s cvnapensatxo~o.. At all tinier during the course of this Agreement, MCT shall provide worleer's compensation coverage in the amount required by law for each and every employee utilized in the course of perfonn.ance of this Agreement. III Compensation and payment. A,. A,z>aou>xt. Presenter sl~,all pay MCT for professional services set forth herein at the rate of X2,500.00. ~, )payment sclxedule. Due to the check-issuance protocols of the City of Meridian Finance Department, the following tei~s shall apply. Provided that tlus Agreement is signed by a duly authorized agent of MCT and provided to Presenter by noon on December 1G, 2008, Presenter shall provide a $500.00 deposit to MCT by December 29, 2008. Yf tlus Agreement is signed by a duly authorized agent of MCT and provided to Presenter after nogn qn December 1G, 2008, Presenter shall provide a $500.00 deposit to MCT by 7anLtaly 9, 2009. C. Payment method. Presenter shall provide the $500.00 deposit to MCT by check sent U.S. Mail. MCT shall send an invoice to Presenter for the remaining $2,000.00 residency fee by April 10, 2009, d. e. one (1) inontll prior to the audition date. Presenter shall mail a check for that amoluzt to MCT via U.S. Mail before May 1G, 2009, the date of the scheduled perfornlance. xV'._l~otxces• All notices required to be given by either of the parties hereto shall be in writing and be deemed conm.~uiucated when personally served, or mailed via Uiv.ted States mail, addressed as follows: 7onna Michelson, Director, Tour Marketing Dept. Missoula Cluldren's Theatre 200 North Adams Missoula MT 598024718 Emily Kane, Deputy City Attonzey City of Meridian 33 East Broadway Ave Meridian ID 83642 Either party niay change its authorized representative and/or address for the purpose of tlus paragraph by giving writi;en notice of such change to the other party in the manner herein provided. PR()FI:S$((~NAI, ST=ItVIC'GS ACiRL-EMCNY WITH MISS(~U[-A Cl-I[irpR~N°S TI-[CA'C[tE PAOe2 or4 l ~ ~ ~' ~ I ..' k [ j 1 ~~ I . ~ ~ I ~ ~Ft I 1 t I ` I ~ ~ ~ ~ ~ ~ ~ 1 ~ ,~ ~ 1 i t V ~ ` ~^ ~ + t ~ ~ ~ ' ` ~ ~ . ~: J 1 ~ 4 ~ r VI ! II ~~ ~ I.'~ i ~'Ef 9 ~~5 ~ S (~ ~ ~ ~ ~F ~ t { 1 AA i {{ . ~r ~ i . ~ , t rt } ~ 1 1 _ ~ ~ f [ ~ ! r~~ { ~ 1¢~' .. ~~ .. I; ~ ~ F 1~ t ~ ~ ! Yi ~. ~ t ~ t ~ .. a j ~7 ~~ ( t(~t ~ ~'s~ i i ~ LL : ~ j I} ~<~ ~ ;3! ~ i F i ~~ a r 1 t i. n DEC/16/2008/TUB 10;03 AM FAX No, P, 003 'V. Assi~ament, Presenter shall not assign or sublet all or any portion of Presenter's interest in this Agreement or any p>.zvilege or right heret_uider, either voluntarily yr involuntarily, without the prior w.l3tten consent of MCT. MCT shall not assign or suUlet all or any portion of MCT's interest in this Agreement ar any privilege or right hereunder, either voluntarily or invohtntarily, without the prior written consent of Presenter. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representatives, successors, and assigns of the parties. VI. No a~ency. Neither MCT nor its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents ofPresenter in any manner or for aizy purpose whatsoever in MCT's use a>.~d occupancy of facilities at ~rhich auditions, rehearsals, workshops, ~u~d/or performances are held. 'V'ZI. COIItAliaaace y~yith )LAWS. lii perforinhzg the scope of services required hereunder, Presenter anti MCT sha.1.I comply with all applicable laws, ordinances, and codes of Federal, State, and Local governments. VIII. Discrimination Prohibited. lY1 perfornling the Services required herein, MCT shall iZOt discrirnhlate against any person on the basis of race, color, religion, sex, national origai or ancestry, age or physical handicap. IX. Term of Agreement. This Agreement shall become effective as of the Effective Date upon execution by both parties, anti shall expire in~ediately upon completion of tear-down following conclusion of the final show, or 5:00 p.in. on May 17, X009, whichever occurs first. ~. Constructioa_ and Severabi.XXty. Tf any part of this Agreement is held to be invalid or Lulenforceabhe, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable o:f comlpletion. ELI. Entire Agreement. Tlus Agreement contains the entire agreement of the parties and supersedes any and all other agreements or uizderstandings, oral or written, 'vVhetlier previous to the execution hereof or conteinporaneotts herewith. P12fU1=rS5lt3NAL SERVICCS AGRL'GNiLNT WITH MIS$t)ULA CFIILORGN'$ ~'F(CATR~ PAGE 3 of 4 a t' i ~ G t ~. ' i 1 ~ 1 i ~ l~ F E.i G ~ i ~ ~ Y ~ ( t ~' ~ f ~ ~m f~ LL~`g ~. ~ k ~ ~> f ~ - ~ ' ~ ~ S i ~~ f( ~ s p s l j~ ~ ~i ~ ' fit i i , ~ ~ ~ ~ f ~ '; ~f * R~ { G~ ~~ ,~ ~ ~ ~ ~ ~s ~ + ~ ` i ~~ ~ ~i~S~ ~ ~ '+ j t I s{ { 9 i ~ ej-~ f ~ ~I 1 ~~~~ f ~ ~ ~ ~ l E ~ ~~ j ~ ~ ~ , ~ '~ qq ggqppq p } I i ~ ~. , f IF ; t 1 i ~ ~ BBB a ~ dS~ ,, F tttis i ,_ .. ! ~ { ~ S ~ ~ ~ ~ ~ ~ f i ( ~f ; ~j' ~ ~ ~ ~ Ij ! 4 lit I 5 i' ~ i~t, ~ } Y' S 1 ~ 4 ~ i ~~ I ~_ ~ ~k 3 ~1 ~ I ~r 1 ~, :~ ~ t ` ~ I E ~ ~ ~ ~~<<I ~ 'f, ~ r j ~ ~ i1 ~..i ~ ~ ~ ~ ?~ ~ ~ ~~ r I ~ ~, 1 ~ ~ ~ i t ~ 1 ~ ? r 4 ~ ~ r i t ~~ DEC/16/2008/TUE 10:03 AM ~T. AAAYicahle LaW. FAQ No, P, 004 This Agreement s1~all be govei~ed by and construed and enforced in accordance with the laws of the State of Idaho. XIII. A»»roval Required. Tlus Agreement shall not become effective or binding until approved by the respective gove~.z~ing bodies of both Presenter and 1VICT. IN WYTN~SS 'VV~R)~0~, the parties shall cause this Agreement to be executed by their duly authorized officers to Ue effective as of the day and year first above written. MYSSO>:l'Y,A C~l.DREl~'S '~H~A'r'fiE: BY: ~~ ~~f ~ Date• / O~ ,~ 0 Print z e: / Title: - ht>>P YYZA~1~'~~/i- F~ ~/I~'1}~~lQ _ STATI; OF MON'TAN'A ) Y 1-YEItE>;'Y' C~RTTF`Y' flint on this ~ dny of ~t~tr~•,l~,e.~ , 2008, vefore the ss: I.mdersigncd, a Notary Public in the State of Montana ,personally appeared u~fl- ) ~~nv,~. M~ -~ ~a b~ ~ lozown or proved to me to be the person rx+'ho ~~-~~~~~;,= ;v..y~ eacecuted the said ia~stltiuueilt, acid acknowledged to me that she executed the ~ ; ' y~-r- same. IN WITN$SS .W~IEI~OF, I have here~mto set my hand and affixed my ®~ ~ official seal, the day and year in this certificate first ab©ve written. ~~~-,' ~ N Public for Montana ~QF 'rug at /~i'.! S~a .~ 1 a.. .Montana My Conmaission Expires: _ 111~~ e~ 1O I'RESEN'T~R/CTT'St" Ole N~RXDZAN: BY: Tammy eerd Mayar Attest: ~ `~,~`~~.<'~ q~ '~~~~~ O ~~ ,f~tycee Sao] z .~ `~ '~~' O City Clerk .~ , .~ ; ~~~~t)rte,,...re,•, Date 1'ROFL'9SIONAL S6R'VtC'CS AGREEMENT WITH MISSOULA Ct-IILDREN'S TYIGATRE ' ~ I 'i I ~~~ ~ ~ ~l ~ ~ ~, ~ , ` ~ ~ f I ~! ~ . ~ F ~ ~ ~ I F ~ . ~ r E I z ~ :, ~ t ~ I ~ ' ~ I , 'il , t e E { ~ ~ ~ !~ e I 1 ~ t ;~~. ~ ~ ~ , y ' ! S rt ~ ~ ~ t ~ i ' i fr 1 ~ g B ~ ~ l ! F 1 € ~, _ E~ t ~ ~ ~ , ~ ~ ,~ ' I ,. 3 1~ ~ ~ I 1 ;I PAGE.4 ar• 4 ~k ' i, ~ r ~ ~_'. 3 ~i~ ~ t ' #a 1 ~ ~ ~ r~ i q i ~ t~ ~ ':~; ' ~ ~ E ~ i- ~ ' It `,+ "~ ~ ~ ~ E~ ~ , } ~.~it E` a€ .~ L~ ~ i ~4 i 1 ;,i ~ ~ ~ ~ ~ 1~ ~ i ~ ~ F ~ i .i '' I. I ~ , i ~ ~i ~~ ~ ~ i t ,~ ~ ~ ~ r ~ ~ ~~ F ` ~ f , ~j 1 ' ~ ~ ~ ~ DEC/16/2008/TUE 10.15 AM FAX No, P, 001 ,MCT, inc. 20o ra4~ Adw~,s Missoula, MT 59802~7i3 X406-728-19 f I fax; ~i-06-721-0637 tourQmctinaorg wtwv.mctinc,vrg Vld>=0 POLICY: Presenter may videotape the MCT production to sell or commercially broadcast subject to the following: ^ Broadcasts may not occur simultaneously with the live performance of the play. ^ The right to broadcast avideotape/DVD of the pertormance is limited to one broadcast on a community access station. ^ MG`T must be credited as producer of the play, ^ Visuaf or oral credits must be included on the videotape/DVD. Credits for each particular show are included on the Show Program Template in the Presenter Information Materials (which will be sent approximately 90 days prier to the residency). • The videotape/DVD must contain a visual or oral statement that videotape/DVD is onlyfor personal use. • Written permission from MCT is required for any rebroadcast or public performance of the videotape/DVD. ^ The cost per vldeatapelDVD shall not exceed twenty five dollars US (ifi25.00). ^ MCT shall receive a complimentary copy of the vfdeotapelDVD. MCT SHOW T-SHIRTS AND CDs: The MCT Tvur ActorlDirectors may have show T-shirts and/or rrlusio CDs available for sale. Proceeds from the safe of these concessions are a part of the Tour Actor/Directors weekly income. This supplemental income helps maintain low residency fees. Presenter may not use MCT logos or photos to create T-shirts. A $300 penalty shall be assessed if: 1) T-shirts are produced by Presenter ar its agents using MCT logos or photos, 2) the MCT Teur Actor/Directors are prohibited from se111ng their T-shirts/CDs by Presenter. if Presenter has an in-house policy on commissions, the Tour Actor/Directors must be informed of that policy during their call on the Tuesday two weeks before the residency, so they may after the prices accordingly. Commissions will not apply if this not'rfication is not given. MCT logos are copyrighted, and thus may not be reproduced an any items to be sold or distributed. Logos can be used for show program and advertising purposes only. WORK5HOP5: Three classroom workshops are included in the week-long residency. A list of workshops Is included in the Presenter information Packet. Workshops will be scheduled with the Teur Actorlbirectors and may be performed only in accordance with the group size specifications detailed on the workshop list. The workshop schedule must be finalized and provided to the team by the end of the first day of the residency following rehearsals. If the schedule is not provided verbally ar in writing by this deadline, workshops shall not be conducted during the week. Ali assemblies are equivalent to the cost of three workshops. EXGFiANGE OF 5ERVICi=S: Choosing to have only one performance does not change the fee, nor can a perfermance be traded for extra wvrtcshops. PIANO AND ACCOMF'ANII5T: Presenter shall provide a piano and accompanist as needed for rehearsals and performances. The musical score will arrive with the MCT Team unless specie[ arrangements have been made to receive a rehearsal score in advance. A fee shsl! be assessed for a rehearse[ score not returned to MC7. In the unfortunate situation that an accompanist is not secured by the dress rehearsal and the cast is required to do the show a cappella, a $300 fee shall be assessed. S3'ACES: Presenter shall provide a minimum cf two (2) indoor rehearsal spaces within the same complex. The spaces shall be available throughout the week, with additicnal workspaces available as requested by MCT prior to the residency. Presenter shall also provide a performance space. All performances must take place in the same venue. A fee of X300 U.S. will be assessed for a change of performance venues between shows. SET ASST=MBLY; Ths set wiii assembled one time during a residency week. tf Presenter require the set to be moved or disassembled prior to the culmination of _ _ `$300 U.S. shall e a essed. n tD'i4~TE ~~f.i?.IMli~lrilf' ~ ~ . ~~~ MCT Sl DATE ~~/ ' `•" NICT FEDERAL. lD~; 8~1-4332920 / BKG [D: 92290 DEC/16/2008/TUE 10;15 AIdI FAX No, P• 002' McT, ins. 200 North Adams ~• Missoula, MT 59802.4718 406-7ZI3-191 l fax:406-721-0637 tourLCnetiaaarg www.mctlnc.crg • - • -• ir: ~~~ •• TOWN: MERIDIAN STATE: tD PRRSENTING ORGANl~ATIQN: MERIDIAN -4RTS GOIVIlVItSS10N SNOW TITLE: RED RIDING NflDD {RR-2) RESIDi=.NCY WEEK: S/1'112U09»6/16/2009 ACCT#: FIRST TIME: Y SPECIAL CIRCUMSTANC[S: BOOKING ID: 12290 AUDITION DAY (MON. OR;"fUES_): a~t'- AUDITION BATE: ~ TIME: ~ ~~ ('TO ACCOMMgDATE A TUESDAY AUDITION, PERFORMANCES MUST BE 5CHEpUL ON SATURDAY) r ALipITIC1N LOCATION: I ll ~~ ,-,_- REHEARSAL TIME: LI '• ~'• ~ :~ ,-, REHEARSAL LOCATIONS (2 SPACES REQUIRnEnD): "("~ n AND PERFORMANCE DAY(s) & DATE(5),_~'~~ . 1 ~ eau I~~' AND ~S~(1~~.a~ • TIME(S): ~ ~ ,(~(~,~„ . - AND_ ~1 ~ :~D ~,~,•, LOCATION: _ ~_~~ _ (SUGGf~STED 3:00I'M & 5:30PM ON SATURDAY) GRADE LEVELS; K[NDERGAFtTEN THROUGH . 6* 6 7_~8 9 10 11 12 ("REQUIRED MW(MUM GRADE RANGE} ~I AM REQUEST{NG A COMPLIMENTARY REHEARSAL SCORE (SENT 6-8 WEEKS PRIOR TO THE RESEDENCY WE>;K} SCORE CONTACT NAME/ADDRE55lEMAIL ADDRESS: YY~Oi.VI ~ , ~.Q.I~Q:I~1 '~ fo~~ ~\, pccr~- BASE RESI©ENGY FEE: $2600A© US AbDff10NAL WORKSHOPS {3 INCLUDED 1N RESIDENCY FEE) _Q$75.OOUS ~ ADDITIONAL PERFORMANCES (2 INCLUDED IN RESIDENCY FEE)_,@$300,000S$ (EXTRA SERVECES MAY BE SCHEDULEp AT TIME OF 12ESIDENCY) Op TOTAL PAYABLE TO MCT: ~.~ (~~ _ ~ ~.- w1 'M/lam -• .• ;'Y`Tl^. R,+J ~ 7' y"v .?~,]TJ•M.~.• f •~r: , rn _ .. ~_ -.... .,ern „ . ~:''~.: Yela:."G4 yp y(i.T1K~ .c .4^i 1~~~~., . 'f~Ya ~~ ~ •~p osl~rA~.~~~~~~~;~;`` ~,~s E~u ~~iv~®~o~M~~~~~rt~Q ~9 ~cv~~ac~~~u ~ ~ a ~` ~ ~f FOR CONTRACT DEPOSIT OFFICE USE ONLY RECEIVEQ ENTERED RECEIVED CHE.CK# AMOUNT ENTERED ~ I ~ j ,~ 1 I I ~' C ~ r~- ire .1~ ~ ~ ~ ~ I ~ y ~ ~ ~ . } ~ ~ ~ ~ ~ ' ~ I f I , (@, .J ~ ~ ~ ~ I y I ~ . i ~ ~ 1 S ~ @ n I f {{ E i I~~~ ~ ~t i { ~ 1~ ~ I I; f ` t ~ ~ I ~ ~ ~ I~. 'F ~ 4~ ~, d ~ ' I ~ ! S ~ ~ : 1 ~ i~i ~ ~ ! ~ ° " y ~'t~ I ~ gyp (, l 13 ' P~ ~ ~ I C~ I ~ . j I ~ ~4 ~~W~ ; ppp g I ~~ E ~ 1 ~ 1 E ~ ' ~ . E ~ ~ t i. ~~ ~ 4 ~ r f ik !{ ~ i t I, ~ ~~ 1 ~ ~ 1 r4~ • f z' ` '~ ~ ~ j ~ I I ~ 11 ~ ~ 1 ~e 1;. & ~ ~_ ~ t. t J I ~ ~ ~ ` ' y ~ I t' 65t ii . ~ ~ i ~ ~ ~ ~ '~ I; ( ~ ~ ~ 1 t ~ ~E ~ ~~ F _ d t ~ ~ E li,~ ~ - I i- .~ a~• ~ . ,t ~a