HomeMy WebLinkAboutProfessional Service Agreement with Missoula Children Theatre Snow White for Meridian Arts CommissionPROFESSIONAL SERVICES AGREEMENT WITH
MISSOULA CHILDREN'S THEATRE
This PROFESSIONAL SERVICES AGREEMENT WITH MISSOULA
CHILDREN'S THEATRE (hereinafter "Agreement") is made this 7th day of September, 2010
(the "Effective Date"), by and between the City of Meridian, a municipal corporation organized
under the laws of the State of Idaho (hereinafter "Presenter"), through the duly delegated
Meridian Arts Commission, and the Missoula Children's Theatre, a corporation organized under
the laws of the State of Montana (hereinafter "MCT").
WHEREAS, the mission of the Meridian Arts Commission is to develop, advance, and
nurture all facets of the arts to enhance the quality of life for Meridian residents and its visitors;
WHEREAS, the mission of MCT is the development of lifeskills in children through
participation in the performing arts;
WHEREAS, the respective governing bodies of Presenter and MCT find that these
missions complement each other and wish to work together to further the objectives of both by
bringing MCT to the Meridian community for a Residency Tour, as described in Exhibit B
hereto;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, and in consideration of the recitals above, which are incorporated
herein, Presenter and MCT agree as follows:
I. MCT Touring Contract.
The MCT Touring Contract, as modified by the deletion of the insurance and mutual
indemnification clause and attached hereto as Exhibit A, is incorporated herein by reference and
made a part of this Agreement as if set forth in its entirety in this Agreement.
H. Mutual Hold Harmless.
A. Presenter holds MCT harmless. Presenter, its agents, successors, and assigns, shall hold
MCT, its agents, successors and assigns, harmless from all claims made against MCT
resulting from any loss, injury, damage, cost or expense, including legal fees, to any person or
property caused by Presenter's negligence. Insofar as housing, auditions, rehearsals,
workshops, and/or performances related to this Agreement are provided or held at premises
or facilities not held or controlled by Presenter, Presenter makes no warranty or promise as to
the condition, safety, usefulness, or habitability of such premises or facilities.
B. MCT holds Presenter harmless. MCT, its agents, successors, and assigns, shall indemnify
and hold Presenter, its agents, successors and assigns, harmless from all claims made against
PROFESSIONAL SERVICES AGREEMENT WITH MISSOULA CHILDREN'S THEATRE PAGE 1 OF 4
Presenter resulting from any loss, injury, damage, cost or expense, including legal fees, to any
person or property caused by Presenter's negligence.
C. Worker's compensation. At all times during the course of this Agreement, MCT shall
provide worker's compensation coverage in the amount required by law for each and every
employee utilized in the course of performance of this Agreement.
III. Compensation and Payment.
A. Amount. Presenter shall pay MCT for professional services set forth herein at the rate of
$2,650.00.
B. Payment schedule. Due to the check -issuance protocols of the City of Meridian Finance
Department, the following terms shall apply. Provided that this Agreement is signed by a
duly authorized agent of MCT and provided to Presenter by noon on Thursday, September 2,
2010, Presenter shall provide a $500.00 deposit to MCT by September 20, 2010. If this
Agreement is signed by a duly authorized agent of MCT and provided to Presenter after noon
on September 2, 2010, Presenter shall provide a $500.00 deposit to MCT by September 30,
2010.
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 $2,150.00 residency fee by
February 14, 2011, i.e. one (1) month prior to the audition date. Presenter shall mail a check
for that amount to MCT via U.S. Mail before March 19, 2011, the date of the scheduled
performance.
IV. Notices.
All notices required to be given by either of the parties hereto shall be in writing and be deemed
communicated when personally served, or mailed via United States mail, addressed as follows:
Jonna Michelson, Director, Tour Marketing Dept.
Missoula Children's Theatre
200 North Adams
Missoula MT 59802-4718
Emily Kane, Deputy City Attorney
City of Meridian
33 East Broadway Ave
Meridian ID 83642
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein
provided.
PROFESSIONAL SERVICES AGREEMENT WITH MISSOULA CHILDREN'S THEATRE PAGE 2 OF 4
V. Assignment.
Presenter shall not assign or sublet all or any portion of Presenter's interest in this Agreement or
any privilege or right hereunder, either voluntarily or involuntarily, without the prior written
consent of MCT. MCT shall not assign or sublet all or any portion of MCT's interest in this
Agreement or any privilege or right hereunder, either voluntarily or involuntarily, 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 agency.
Neither MCT nor its employees, agents, contractors, officials, officers, servants, guests, and/or
invitees shall be considered agents of Presenter in any manner or for any purpose whatsoever in
MCT's use and occupancy of facilities at which auditions, rehearsals, workshops, and/or
performances are held.
VII. Compliance with Laws.
In performing the scope of services required hereunder, Presenter and MCT shall comply with all
applicable laws, ordinances, and codes of Federal, State, and local governments.
VIII. Discrimination Prohibited.
In performing the Services required herein, MCT shall not discriminate against any person on the
basis of race, color, religion, sex, national origin 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,
and shall expire immediately upon completion of tear -down following conclusion of the final
show, or 5:00 p.m. on March 19, 2011, whichever occurs first.
X. Construction and Severability.
If any part of this Agreement is held to be invalid or unenforceable, 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 of completion.
XI. Entire Agreement.
This Agreement contains the entire agreement of the parties and supersedes any and all other
agreements or understandings, oral or written, whether previous to the execution hereof or
contemporaneous herewith.
PROFESSIONAL SERVICES AGREEMENT WITH MISSOULA CHILDREN'S THEATRE PAGE 3 OF 4
XII. Applicable Law.
This Agreement shall be governed by and construed and enforced in accordance with the laws of
the State of Idaho.
XIII. Approval Required.
This Agreement shall not become effective or binding until approved by the respective governing
bodies of both Presenter and MCT.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by
their duly authorized officers to be effective as of the day and year first above written.
MISSOULA CHILDREN'S THEATRE:
,i
g
BY: Date: �
J Michelson
Director
STATE OF MONTANA I HEREBY CERTIFY that on this
`day of L ' ,' � 06, 2010, before the
) ss: undersigned, a Notary Public in the State of Montan personally appeared
County of ��1''s,, . °-1 ) Jorma Michelson, known or proved to me to be the person who executed the said
instrument, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
SEAN CHAPIN seal, the day and year in this certificate first above written.
SPT NOTARY PUBLIC for the
State of Montana
SEAL =Q Residing at Missoula, MT
9TF �P My Commission Expires Notary Public for Mont na
OF Moi
March 20, 2014 Residing at'\ \ . C, Montana
My Commission Expires:
PRESENTER/CITY OF MERIDIAN:
Tammy de w'gerd Date
Mayor:r
Attest: OF Mi��9���'''.
�� Fo
§a�14011&n = SEAL
City Clerk
COUNTY , \O
PROFESSIONAL SERVICES AGREEMENT WITH MISSOULA CHILDREN'S TIiEATRE PAGE 4 OF 4
MCT, Inc.
200 North Adams
Missoula, MT 59802-4718
�I ZJ�vwwwvwvivwv«vw�o► 406-728-1911
fax: 406-721-0637
tour@mctinc.org
www.mctinc.org
TOURING1 I 111 SCHOOL YEAR
TOWN: MERIDIAN STATE: ID
PRESENTING ORGANIZATION: MERIDIAN ARTS COMMISSION
SHOW TITLE: SNOW WHITE AND THE SEVEN DWARFS (SW -4) ACCT#: ID-MERI
RESIDENCY WEEK: 3/14/2011-3119/2011 FIRST TIME: N
SPECIAL CIRCUMSTANCES: BOOKING ID: 14626
PLEASE COMPLETE THE FOLLOWIKG INFORMATION;
AUDITION DAY (MON. OR `TUES.): 1W '-' l II AUDITION DATE: TIME: Ll•gym
(`TO ACCOMMODATE A TUESDAY AUDITION, PERFO MANCES MUST BE SCHEDULED ON SATURDAY)
AUDITION LOCATION:
REHEARSAL TIME:
REHEARSAL LOCATIONS (2 SPACES REQUIRED): AND
I PERFORMANCE DAY(S) & DATE(S): 1 g4gfAQ AND __
TIME(S): AND LOCATION:
(SUGGESTED 3:OOPM & 5:30PM ON SATURDAY)
GRADE LEVELS: KINDERGARTEN THROUGH 5* 6 7 89 10 11 12
(*REQUIRED MINIMUM GRADE RANGE)
BASE RESIDENCY FEE:
$2650.00 US
ADDITIONAL WORKSHOPS (3 INCLUDED IN RESIDENCY FEE) -@$75.000S $
ADDITIONAL PERFORMANCES (2 INCLUDED IN RESIDENCY FEE)-@$300.00US$
(EXTRA SERVICES MAY BE SCHEDULED AT TIME OF RESIDENCY) o�
TOTAL PAYABLE TO MCT: $_ Zosl) °
A $5,0:OvDEP:OSIT WITH, SIGNED AND CpMPLETEO CONTRACT DU.E TO MC, BY. _A9/20/10
For Office Use
Contract
Received
Entered
f
1
s 1.... .TLE,
MCI', Inc.
200 North Adams
Missoula, MT 59802-4718
t; AR p,%-3[7— — L fvwo o' 406-728-1911
fax: 406-721-0637
tour@mctinc.org
www.mctine.org
s • •• In QTTIME
CANCELLATION POLICY: This Touring Contract and the $500 deposit are due on the date indicated in the Contract. If not
received on or within 15 days after that date, MCT may cancel the residency and Presenter will receive an official letter of
cancellation. To secure the date, if Presenter cannot timely return the Contract or deposit, Presenter must be granted an
extension by MCT's Marketing Office. If Presenter provides written notice of cancellation by certified mail not less than 120 days
prior to the first day of the residency, the $500 deposit shall be refunded. If MCT does not receive such written cancellation
notice at least 120 days prior to the residency, Presenter shall be liable and will be invoiced for the $500. If Presenter cancels,
within 90 days of the first day of residency, Presenter shall be liable and will be invoiced for half of the base residency fee. If
Presenter cancels within 30 days of the first day of the residency, Presenter shall be liable and will be invoiced for the full
residency fee. If unforeseen circumstances beyond Presenter's control arise, such as an "act of God," MCT will make a
reasonable good faith effort to reschedule in a timely manner.
CHANGE FEE: If within 90 days of the first day of the residency week Presenter opts to change a contracted residency week to
a later date in the same Tour season (summer or school year), a $500 fee shall be assessed. Date changes between Tour
seasons are prohibited.
NON -EXCLUSIVITY: MCT does not grant any "right of exclusivity" to any Presenter.
RELATIONSHIP OF PARTIES: This Contract shall not in any manner constitute, or be construed as, creating a partnership
between the parties.
INPEMNIPIE,41i
SUC*88OFS,
REGULATORY COMPLIANCE: Presenter shall be solely responsible for taking all reasonably appropriate action to ensure that
all Contract activities and each audition, rehearsal, workshop and performance complies with the applicable governmental
•egulations.
BACKGROUND CHECKS: Criminal background checks and fingerprinting have been completed by a nationally recognized
:ompany on every member of the Tour Staff. Extensive personal and professional reference checks have also been conducted
:)y MCT's Human Resources Department. Should the Presenting Organization require additional background checks and/or
Fingerprinting, the Presenter shall pay all associated fees.
=EE: The total balance due, for ALL services rendered (including extra workshops or performances scheduled at time of
•esidency), must be paid on or before the day of the performance. A $50.00 late charge will be added to the residency fee
finless other arrangements have been negotiated with MCT prior to the residency.
3OX OFFICE: Presenter is solely responsible for the pricing and sale of tickets and is entitled to all income from ticket sales.
"ASTING: There is no guarantee that everyone who auditions will be cast in the play.
%DVERTISING & PUBLICITY: Presenter shall pay all costs for local publicity and performance promotion shall be paid by the
'resenting Organization. MCT shall furnish Presenter with ONE (1) complete Presenter Information Packet (PIP) on a CD and
m -line access, approximately NINETY (90) days prior to the residency, containing graphics, media releases, photo and
ehearsal score. Additional materials may be purchased at Presenter's request. Presenter must include MCT authorship credit
and copyright information on show program. Presenter is strongly encouraged to give recognition in their advertising to any/all
appropriate state arts councils/funding agencies for their support of the MCT touring program.
MOUSING: Presenter shall provide housing a total of seven (7) nights for the two MCT Tour Actor/Directors, Sunday to Sunday,
egardless of schedule variations set by Presenter (i.e., Tuesday start, Friday shows). If the MCT Tour Marketing Office dictates.
a Tuesday start or Friday shows, housing will be provided a total of (6) nights, starting the night before the residency duties
)egin and ending the morning after the last performance. Accommodations shall be private (one person per room), clean,
:omfortable and safe for the two Tour Actor/Directors, either in a hotel/motel or private home(s), equipped with a phone land -fine
)r sufficient cell phone coverage. Providing meals for the Tour Actor/Directors is optional.
MCT, Inc.
200 North Adams
Missoula, MT 59802-4718
���� �,�� s.w.� Ji wvci wwvvi wvv`�v�ivwr 406-728-191 I
fax: 406-721-0637
tour@mctinc.or8
www.mctinc.org
TOURING CONTRACT 0 2010-2011 SCHOOL YEAR
PARKING: All parking costs related to conducting the residency week (including lodging) will be paid by the Presenter.
VIDEO POLICY: Presenter may videotape the MCT production to sell or commercially broadcast subject to the following:
■ The Videotape/DVD Licensing Fee Agreement shall be completed, signed and returned to MCT with corresponding fee
as determined by fee chart (included).
• Broadcasts may not occur simultaneously with the live performance of the play.
■ The right to broadcast a videotape/DVD of the performance is limited to one broadcast on a community access station.
■ MCT must be credited as producer of the play.
■ Visual 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 prior to the
residency).
■ The videotape/DVD must contain a visual or oral statement that videotape/DVD is only for personal use.
■ Written permission from MCT is required for any rebroadcast or public performance of the videotape/DVD.
■ MCT shall receive a complimentary copy of the videotape/DVD.
MCT SHOW T-SHIRTS AND CDs: The MCT Tour Actor/Directors may have show T-shirts and/or music CDs available for sale.
Proceeds from the sale 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 or its agents using MCT logos or photos; 2) the MCT Tour Actor/Directors are
prohibited from selling 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
alter the prices accordingly. Commissions will not exceed 30% and will not apply if this notification is not given. MCT logos are
copyrighted, and thus may not be reproduced on any items to be sold or distributed. Logos can be used for show program and
advertising purposes only.
WORKSHOPS: 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 Tour Actor/Directors 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 or
in writing by this deadline, workshops shall not be conducted during the week. All assemblies are equivalent to the cost of three
workshops.
EXCHANGE OF SERVICES: Choosing to have only one performance does not change the fee, nor can a performance be
traded for extra workshops.
PIANO AND ACCOMPANIST: Presenter shall provide a piano and accompanist as needed for rehearsals and performances.
The rehearsal score is included in the Presenter Information Packet (PIP) and the performance score will arrive with the MCT
Team. 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.
SPACES: Presenter shall provide a minimum of two (2) indoor rehearsal spaces within the same complex. The spaces shall
be available throughout the week, with additional 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 $300 U.S. will be
assessed for a change of performance venues between shows.
SET ASSEMBLY: The set will be assembled one time during a residency week. If the Presenter requires the set to be moved
or disassembled prior to the culmination of performance(s) a fee of $300 U.S. shall be assessed.
MCT FEDERAL ID#: 81-0332120
TOWN: MERIDIAN STATE: ID
PRESENTING ORGANIZATION: MERIDIAN ARTS COMMISSION
MAIN CONTACT: MARY JENSEN
TITLE:
MAILING ADDRESS: 3650 N PARK CROSSING AVE
TOWN: MERIDIAN
STATE: ID
zip: 83646
PHONE #1: 208-344-4238
PHONE #2:
PHONE 93:
FAX:
E-MAIL: maryjenSenhOme@gmall.cOm
TEAM CONTACT: MARY JENSEN
TITLE:
MAILING ADDRESS: 3650 N PARK CROSSING AVE
TOWN: MERIDIAN
STATE: ID
ZIP: 83646
PHONE #1: 208-344-4238
PHONE #2:
PHONE #3:
FAX:
E-MAIL: maryjenSenhOme@gmall.com
BILLING CONTACT: MARY JENSEN
TITLE:
BILLING ADDRESS: 3650 N PARK CROSSING AVE
TOWN: MERIDIAN
STATE: ID
ZIP: 83646
PLEASE 1NDICi4TE ANY CHANGES yT0 CONTACT INFORMATION ;BELOW
PRESENTING
MAIN CONTACT:
MAILING ADDRESS:
TOWN, STATE, ZIP:
PHONE #1: PHONE#2:
TITLE:
FAX: E-MAIL:
TEAM CONTACT: TITLE:
MAILING ADDRESS:
TOWN, STATE, ZIP:.
HONE#3:
PHONE #1: PHONE#2: PHONE#3:
BILLING CONTACT:
BILLING
TOWN, STATE, ZIP:
MCT, Inc.
200 North Adams
Missoula, MT 59802-4718
MAKE A COPY: FOR YOUR RECORDS AND=RETURN ORIGR ALTO MCT
406 -728 -1911 -
fax: 406-721-0637
tour@mctinc.org
www.mctinc.org
� : i
Together... helping kids reach a neve stage.,
What we provide: What we ask of you: Booking information:
Presenter Materials: All materials
needed to help you plan and promote
your residency week—including
posters, graphics, a photo and
pre -written press releases—are sent
approximately 90 days in advance.
Open Audition: Two professional
MCT Tour Actor/Directors audition and
cast 50-60 local school-age children
In a full-length original musical
production.
Focused Rehearsals: Lines,
staging, songs and movement are
learned in four -and -a -half hours
each day, Monday through Friday
(two 2 -hour sessions with a short
snack break in between). Not all
cast members attend all sessions.
Three Enrichment Workshops:
Our Tour Actor/Directors present
interactive workshops to school or
community groups on a variety of
theatrical topics.
Two Public Performances:
The residency week culminates In
two public performances starring
your local children, complete with
professionally designed scenery
and costumes.
Housing: Provide private (one
person per room), clean, comfortable,
and safe accommodations for the two
Tour Actor/Directors for seven nights,
Sunday to Sunday.
Audition Space: Reserve a large
space; a gym is ideal.
7Wo Rehearsal Spaces: Reserve
two separate spaces to be used the
entire week; ideally, one should be
the performance space and the other
at least classroom size.
Performance Space: Reserve a
space that is at least 28 feet wide,
16 feet deep and 10 feet high and is
accessible from both sides.
Piano and Accompanist:
Provide both—Wednesday through
Saturday of the residency week.
Publicity: Publicize the audition
and performances utilizing the
provided Presenter Materials.
Profits: Keep all proceeds
from ticket sales—they
belong to you!
Please contact us to learn more
about bringing MCT to your
community.
MCT International Tours
Tour Marketing Department
200 North Adams
Missoula, Montana 59802
Phone: (406) 728-1911
Fax: (406) 721-0637
E-mail: tour@mctinc.org
Web site: www.mctinc.org