HomeMy WebLinkAboutProfessional Services Agreement with Missoula Children's Theatre for The Wiz of the West Public Arts Promotion TheatrePROFESSIONAL SERVICES AGREEMENT WITH
MISSOULA CHILDREN'S THEATRE
This PROFESSIONAL SERVICES AGREEMENT WITH MISSOULA
CHILDREN'S THEATRE (hereinafter "Agreement") is made this 11th day of October, 2011
(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 Toarin¢ Contract.
The MCT Touring Contract, as modified by the deletion of the insurance and mutual
indemnification clause and attached hereto as ExhibitA, is incorporated herein by reference and
made a part of this Agreement as if set forth in its entirety in this Agreement.
II. 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 aze 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.
R. 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 WrfHMISSOiJLA CHa,DREN'S THEATRE PAGE 1 OF 4
Presenter resulting from any loss, injury, damage, cost or expense, including legal fees, to any
person or properly 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. Comuensation and aavment.
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, October 6,
2011, Presenter shall provide a $500.00 deposit to MCT by October 16, 2011.
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 19, 2012, 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 24, 2012, the date of the scheduled
performance.
lV. 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 1D 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.
V. Aasienment.
Presenter shall not assign or sublet all or any portion of Presenter's interest in this Agreement or
,~
PROFESSIONAL SERVICES AGREEMENT WITH MISSOULA CHILDREN'S 171EATRE PAGE 2 OP 4
any privilege or right hereunder, either voluntazily 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 aeency. _
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.
HI 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,
VIIL Discrimination Pwobibited.
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 fitlal
show, or 5:00 p.m. on March 2A, 2012, 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 AOREEMENT WITH MISSOULA CHa.DREN'S THEATRE PAGE 3 OF 4
~Z. A~~licable haw.
w
verned b and constrLied and enforced in accordance with the laws of
This Agreement shall be go y
the State of idaha.
~IIT. App~royal Required.
• indin until a roved by the respective igoverning
This Agreement-shall not become effective or b g ~~
bodies of both presenter and MCT.
TNESS W~IEREOF, the ar~ies shall cause this Agreement to be executed by
IN'P4~I P .
their dul authorized officers to be effective as of the day and year first above written.
y
MISSE~ULA CHILDREN'S T~IEATRE:
BY:
~o chelson
Director
PRESENT~R/CIT~' CJF MERIDIAN:
B~ ~ ,~ ~TgD AUC~srr
Tammy de e rd ~G° ~'~~
Mayor clay of
~, IDIAN~
1DAH0
Attest. ~, ~ ~
City C
PRa~'ESSIONAL SERVICES AGREEMENT WITH MISSOULA CHILDREN'S ~IEATRE PAGE 4 a~ 4
EXHIBIT 1~
~: - MCT,1nG,
200 ~lorth Adams
~~~ ~ Missoula, MT 59802-471$
~~~~ 40b-728 111
~~ fax: 406-721.0637
~~
tour@mctinc.org
www.mctinG.org
,~ ~ ~ ~~ 4.
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 Tess 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 yact 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 Taur 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.
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
regulations.
BACKGROUND CHECKS; Criminal background checks and fingerprinting have been completed by a nationally recognized
company on every member of the Tour Staff. Extensive personal and professional reference checks have also been conducted
by MCT's Human Resources Department, Should the Presenting Organization require additional background checks andlor
fingerprinting, the Presenter shall pay all associated fees.
FEE: The total balance due, for ALL services rendered {including extra workshops or performances scheduled at tame of
residency), must be paid on or before the day of the performance. A $x0.00 late charge wil! be added to the residency fee
unless other arrangements have been negotiated with MCT prior to the residency,
BOX OFFICE: Presenter is solely responsible for the pricing and sale of tickets and is entitled to all income from ticket sales.
CASTING: There is no guarantee that everyone who auditions will be cast in the play.
ADVERTISING & PUBLICITY: Presenter shalt pay all costs for local publicity and performance promotion shall be paid by the
Presenting Organization. MCT shall furnish Presenter with on-line access to the Presenter Information Packet PIP)
approximately NINETY ~9o) days prior to the residency, including graphics, media releases, photo and music score, Presenter
must include MCT authorship credit and copyright information an show program. Presenter is strongly encouraged to give
recognition in their advertising to anylall appropriate state arts cauncilsifunding agencies for their support of the MCT touring
program.
WOUSING: Presenter shall provide housing a total of seven (7} nights for the two MCT Tour ActorlDirectors, Sunday to Sunday,
regardless of schedule variations set by Presenter (i.e., Tuesday start, Friday shows}. If the MCT Tour Marketing Office dictates
a Tuesday start or Friday shows, housing will be provided a total of ~6} nights, starting the night before the residency duties
begin and ending the morning after the last performance. Accommodations shall be private done person per room), clean,
comfortable and safe for the two Taur ActorlDirectors, either in a hotelimatel or private homes}, equipped with a phone land-line
ar sufficient cell phone coverage. Providing meals for the Tour ActorlDirectors is optional.
MCT, inc.
200 North Adams
~~~~ ~ Missoula, MT 59842471$
•
~~~ 406-728-1911
~~
~,~~ fax: 40C~~721-Ob37
tour@mct~nc.org
www.mctinc.org
kin costs related to conducting the residency week (including lodging} will be paid by the Presenter.
PARKING. All par g
P center ma videota a the MCT production to sell or commercially broadcast subject to the following:
ViDEG PGLICY. re y p
' ensin Fee A regiment shat[ be completed, signed and returned to MCT with corresponding fee
The VideotapelDVD Lac g 9
as determined by fee chart (included}. a
Broadcasts may not~occur simultaneously with the live performance of the play.
• i ht to broadcast a videatapelDVD of the performance is limited to one broadcast an a cammuncty access station.
The r g
MCT must be credited as producer of the play.
credits must be included on the videatapelDVD. Credits for each particular show are included on the
Visual or oral
ram Tem late in the Presenter Information Materials (which will be sent approximately 90 days prior to the
Show Prag p
residency}.
^ The videatapelDVD must contain a visual ar oral statement that videotapelDVD is only for personal use,
written ermission from MCT is required for any rebroadcast ar public performance of the videotape/DVD.
p
MCT shall receive a complimentary copy of the videotapelDVD.
T-SHIRTS AND CDs: The MCT Tour ActorlDirectors may have show T-shirts andlar music CDs available for sale.
MCT SH{~VU
s from the sale of these concessions are a part of the Tour ActorlDirectors weekly income. This supplemental income
Proceed
' low resident fees. Presenter may not use MCT logos or photos to create T~shirts. A $300 penalty shall be
helps mamtam y
essed if:1 T-shirts are roducgid by Presenter or its agents using MCT logos or photos; 2}the MCT Tour ActorlDirectors are
ass } P the Tour
rohibited from sellin their T-shirtslCDs by Presenter. If Presenter has an in~house policy on commissions,
P g
irectors must be informed of that policy during their call on the Tuesday two weeks before the residency, so they may
Actor/D
rites accordin I .Commissions will not exceed 30°/~ and will not apply if this notification is not given. MCT logos are
alter the p 9 y
us ma not be re roduced an any items to be sold or distributed. Lagos can be used for show program and
copyrighted, and th y P
advertising purposes only.
S: Three classroom workshops are included in the weeklong residency. A list of workshops is included in the
1NORKSHOP
Information Packet. 1Norkshops will be scheduled with the Tour ActorlDirectors and may be performed only ~n
Presenter
e rou size s ecifications detailed on the workshop list. The workshop schedule must be finalized and
accordance with th g p p
o he team b the end of the f rst day of the residency following rehearsals. if the schedule is not provided verbally or
provided t t y
' this deadline warksho s shall not be conducted during the week. A!I assemblies are equivalent to the cost of three
m writing by p
workshops.
E OF SERVICES: Choosing to have only one performance does not change the fee, nor can a performance be
EXCHANG
traded for extra workshops,
PIANG AND ACCGMPANIST: Presenter shall provide a piano and accompanist as needed far rehearsals and performances.
sal care is included in the Presenter Information Packet ~P1P} and the performance score will arrive with the MGT
The rehear s
In the unfortunate situation that an accompanist is not secured by the dress rehearsal and the cast ~s required to do the
Team.
show a cappella, a $300 fee shall be assessed.
Presenter shall rovide a minimum of two ~2} indoor rehearsal spaces within the same complex. The spaces shall
SPACES. p
e available thrau bout the week, with additional workspaces available as requested by MCT prior to the residency. Presenter
b g
o rovide a erformance s ace. All performances must take place in the same venue. A fee of $300 U.S. will be
shall als p p p
assessed for a change of performance venues between shows.
Y: The set will be assembled one time during a residency week. [f the Presenter requires the set to be moved
SST ASSEMDL
ar disassembled prior to the culmination of performances} a fee of $300 U.S. shat! be assessed,
MGT FEDERAL I D#: 8~ -0332 20
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TOWN: MERIDIAN STATE: ID
PRESENTING ORGANIZATION: MERIDIAN ARC'S COMMISSION
MAIN CONTACT: MARY JENSEN TITLE:
MAILING ADDRESS: 3956 N LEGACY COMMON AVE
STATE: ID ZIP: 83fi4fi
TOWN: MERIDIAN
PHONE #1: 20$344.423$ PHONE #2: PHONE #3:
FAX: E-MAIL; maryjensenhome a~gmail.oom
TEAM CONTACT: MARY JENSEN TITLE:
MAILING ADDRESS: 3955 N LEGACY COMMON AVE
• Rl DIAN STATE: I D zl P: 83545
TDINN. ME
PHONE #1:20$-344423$ PHONE #2: PHONE #3:
FAX: E-MAIL: maryjensen~tOnlea~gmail.com
BILLING CONTACT: MARY JENSEN TITLE:
BILLING ADDRESS: 3956 N LEGACY COMMON AVE
ERIDIAN STATE:ID z1P: $3fi4fi
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2~0 North Adams
M15S4UI1, MT 59842-4718
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fax: 40d-721-4037
taur~a mctinc.org
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PRESENTING ORGANIZATION:
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TOWN: MERIDIAN STATE: ID
PRESENTING ORGANIZATION: MERIDIAN ARTS CaMMIS~ICJN
sHOw TITHE: THE WI2,OF THE WEST (WOW-1)
RESIDENCY WEEK: 311912012-312412012
SPECIAL CIRCUMSTANCES:
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fax: 406-721.063?
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ACCT#~: ID~MERI
FIRST TIME: N
BOOKING ID: 15941
* ~ ION DATE: TIME: 4 ,
AUDITION DAY (MON. OR TUES.}. ~ AUDIT
*TO ACCOMMODATE A TUESDAY AUDITION, PERFO ANCES MUST BE SCHE ULE ON SATURDAY}
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AUDITION LOCATION.
REHEARSAL TIME:
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REHEARSAL LOCATIONS f2 SPACES REQUIRED):
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PERFORMANCE DAY(S) & DATE(S): AND ~I2~ 7 ~ l ?
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TIME{S}: 1 ~ ~~ _______ AND____-_
{SUGGESTED 3:04PM ~ 5:30PM ON SATURDAY}
LacATION:
ERGARTEN TrIR~u~I~ ~~-6-7,,.,_..$~,,.~.,.~ ~.,......_~ ~____~ ~
GRADE LEVELS. KIND ___.
(*REQUIRED MINIMUM GRADE RANGE}
BASE RESIDENCY FEE: $2650.00 IJS
S 3 INCLUDED IN RESIDENCY FEE) ~$75.OOUS ~ '~
ADDITIONAL WORKSHOP {
ADDITIONAL PERFORMANCES (2 INCLUDED IN RESIDENCY FEE} ~$30Q,OOUS$~,_„,~•;
(EXTRA SERVICES MAY BE SCHEDE~LED AT TIME OF RESIDENCY)
$ ~~ ~~ ~~
TOTAL PAYABLE TO MCT:
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