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HomeMy WebLinkAboutCAG2007-0864 - Original - Rachael Price - Spotlight Series: T.S. Monk & Rachael Price - 08/13/2007 Records 'Management KENT Document WASHINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. �i Vendor Name: I I ' U f r Vendor Number: { i 0" JD Edwards Number Contract Number: This Is assigned by Deputy City Clerk Description: . 2V-I'M� dA/ L% 'l Detail: 1 i • a Project Name: 1 Contract Effective Date: C Termination Date: O Contract Renewal Notice (Days): �V Number of days required notice for termination or renewal or amendment Contract Manager: pf a,61I1r tki Department: (,C r O Abstract: SPublic\RecoidsMana0emenl\Foims\ConlractCover\ADCL7832 07/02 0000 • ��ba h `��i� ors KENT WAS HINv'TON CONTRACTOR SERVICES AGREEMENT between the City of Kent and Rachael Price, c/o Ed Keane Associates THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Rachael Price, C/o Ed Keane Associates located and doing business at 573 Pleasant St., Winthrop, MA 02152, 617-846-0067 (hereinafter the"Contractor") I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City- Description- Contractor will present one public performance as part of the Kent Arts Commission's Spotlight Series (Double-bill with T S Monk Contractor will perform one 45-50 minute set, followed by T S Monk set. Concert will conclude with Contractor performing 1-2 songs with T S Monk) Start Time/Duration/Stop Time: 7 30 p m /45-50 minute set/8 15 p m. Day, Date, Year: Wednesday, October 17, 2007 Event Location: Kentwood High School Performing Arts Center, 25800 164th Ave SE, Covington, WA 98042 Merchandising: Contractor shall have the sole and exclusive right, but not the obligation, to sell merchandise directly pertaining to and/or bearing the likeness of Artist, inclusive of compact discs, at the performance Contractor must provide all sales staff and will retain 100% of sales revenue Lodging: City will provide four(4) hotel rooms for the night of October 17, 2007 Hospitality: City will provide hospitality in dressing room prior to performance according to Contractor's rider (attached) Billing: "T S Monk and Rachael Price " Sponsorship: City reserves the right to obtain corporate sponsor(s)for Contractor's performance and will notify Contractor in advance of any sponsorship. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed II. COMPENSATION. The City shall pay Contractor the total sum of $1,750 flat for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement A 50% deposit of $875 00 will be paid, by City of Kent check, to Ed Keane Associates upon complete execution of contract The balance of$875 00 will be paid, by City of Kent check, to Ed Keane Associates on the day of the performance, prior to performance III. PRESS MATERIALS. Contractor agrees to provide to the City where appropriate, at his or her own expense, complete press materials, including hard copy or high resolution electronic photographs, biographic descriptions, and program materials, not less than six (6) weeks prior to the initial event date for the City's use in promoting the event All publicity and promotional materials regarding the event released to the media or public by the Contractor shall credit the City of Kent for its support of the event or project. IV. PERFORMANCE SPACE. The City agrees to furnish, at its sole cost and expense, a place of performance on the date(s) and at the time(s) contained in Section I The City shall also provide ushers, a house manager, and box office staff and any additional services and personnel as required by the City, for the efficient operation of the engagement Other arrangements will be the responsibility of the City and Contractor as follows below CONTRACTOR SERVICES AGREEMENT- 1 (Under$10,000—Sole Performer) s Venue: City will provide proscenium theater Kentwood High School Performing Arts Center Sound: City will provide backline and sound system according to attached technical rider Lights: City will provide general lighting Dressing Rooms: City will provide dressing room facilities according to attached rider Technical Staff: City will provide sound and lighting technicians, and theater manager familiar with facility. Contractor will provide any other technical staff, including a road manager or technical director, necessary for the performance `The attached technical rider(Exhibit B) is part of this agreement V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested primarily only in the results obtained under this Agreement and compliance with its terms and conditions. VI. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence, including assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction delivered in accordance with this Agreement constitutes an infringement of any copyright, patent trademark, trade name, or otherwise results in unfair trade practices The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification The provisions of this section shall survive the expiration or termination of this Agreement Vill. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference IX. TERMINATION AND BREACH. Either party may terminate this Agreement, with or without cause, upon providing the other party ninety (90) days written notice at its address set forth on the signature block of this Agreement All costs incurred by the City due to Contractor's failure to comply with the terms and conditions of this Agreement shall be the responsibility of the Contractor The City may deduct its costs from any payments due to the Contractor or pro-rate the Agreement amount based upon the actual time of Contractor's performance compared to the contracted performance schedule X. IMPOSSIBILITY OF PERFORMANCE. Outdoor performances are considered "rain or shine." In the event that extreme inclement weather renders an outdoor performance impossible, the City will attempt to arrange an alternate performance space and Contractor will employ its best efforts to provide the contract work in that alternate performance space Neither party shall be under liability for failure to perform in the event that such failure is caused by or due to acts or regulations of public authorities, civil tumult, strike, epidemic or any other cause beyond the control of either party In the event of a failure to perform as provided in this section, neither party shall be liable for the balance of the Agreement Xi. MISCELLANEOUS PROVISIONS. A Discrimination In the performance of work under this Agreement or any sub-contract, the Contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person B Recyclable Materials Pursuant to Chapter 3 80 of the Kent City Code, the City requires its Contractors to use recycled and recyclable products whenever practicable A price preference may be available for any designated recycled product C Non-Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect D Resolution of Disputes and Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, CONTRACTOR SERVICES AGREEMENT-2 (Under-$10,000—Sole Performer) shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VI of this Agreement E Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing F Assignment Any assignment of this Agreement by either party without the written consent of the non- assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent G. Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor H. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the above documents are hereby made a part of this Agreement However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail I Compliance with Laws The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or arising out of the performance of this Agreement IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below CONTRACTOR: CITY OF KENT: By 5� �✓ 7`��v.st � .t�s BY (sl nature) (signature) Print Name Cd K P Print Name Jeff Watling Its Its Director, Parks, Recreation and Community Services Title) DATE c 77- DATE. aj�r3�o7(Title) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Ronda Bdlerbeck, Cultural Programs Manager City of Kent 220 Fourth Avenue South Kent, WA 98032 (telephone) (facsimile) (253) 856-5050 (telephone) (253) 856-6050 (facsimile) a wrrsormurconrancrvcros+exono-+uc rinnscawmnisa.+ceaVre®+bnnweMecanraareamehmeuax CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000—Sole Performer) EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. Rachael Price plus Trio Contract Rider Current 4/2006 ARTIST RIDER RIDER TO CONTRACT DATED BETWEEN RACHAEL PRICE (HEREINAFTER CALLED ARTIST)AND (HEREINAFTER CALLED THE PROMOTER) 1 Coverage & Effect- This Rider shall be deemed incorporated in and a part of the Agreement referred to above No changes in this Agreement or Rider shall be effective unless acknowledged by Artist in writing If Promoter permits Artist to perform the engagement to which this Agreement relates, Promoter shall be deemed to have consented to the terms hereof without alteration except as may be otherwise agreed to in writing In the event of a breach by the Promoter of any of the provisions set forth herein, the ancel C � ^ the performance, without any further liability to the Promoter a ion to any other availablea � {—/vt 1J remedies hereunder, the Artist may retain an • ceived and the Promoter shall be required to pay the full contract price her n e event of any conflict,the terms of the Rider shall prevail 2 Billing Artist shall only be referred t E [100%,] If engagement is G specifically for a quintet or aser my use "RACHAEL PRICE QUARTET"or "RACHAEL PRICE QUIN n a vertising Ms.Price Pi r 44 c� 3 Rights (a) The Promoter shall have the right to use the name, and approved pictures and photographs of the Artist solely for the promotion of the performance hereunder ARTIST shall not be used directly or indirectly to sponsor or be tied in with any commercial product, company or service including any newspaper, magazine, radio or television station, nor shall there be a sign, banner, or l� notice of any kind on or near the stage at any time during the performance, advertising any commercial product,company or service without prior written consent of Artist (b) Artist and its designees shall have the right,without charge by Promoter or the performance hall, to record, film or tape in any manner whatsoever any performance (or any portion thereof) during this engagement Promoters shall have absolutely no interest or rights of any kind whatsoever in or to any such recording, film, tape or other reproduction of any performance rendered during this engagement In addition, Promoter may not record, film or tape any portion of performance without prior written consent (c) A Representative of the Artist shall have the right to be present in the box office prior to and during the performance and intermission periods and such representative shall be given full access to all box office sales and gate receipts(and the expenditures it required)at each performance hereunder (d) Artist shall have sole control over all creative elements of engagement including but not limited to material selection,lighting and sound direction 4. Cancellation: In the event of riot or civil disorder that would tend to damage or endanger the property or personal safety of any member of the Artist, the Artist shall have the right to cancel the engagement without Lability and receive payment in full Purchaser agrees that Artist may cancel gagement here,��} e by v g Purchaser written notice mailed to the address set forth in the greement at least`�� Prior to the commencement date of the engagement provided Artist should be called upon to furnish his services in connection with a motion picture, television program, stage play, Nevada or Atlantic City or foreign concert tour, and if Artist, in Artist's sole discretion, ►`�/1 determines that the engagement might conflict with such other engagement, or with any rehearsal or preparation therefor 1 Rachael Price plus Trio Contract Rider Current 4/2006 5 Facilities Promoter shall at his own expense provide the following (C Q �9 PRIVATE DRESSING ROOM(S). Two separate dressing rooms (one for Artist and one large enough to YVWYw ) y� j accommodate four (4) musicians) must contain running hot and cold water, toilet facilities and murors s— m and must have at least two (2) electrical power outlets (in each room) Room(,,) must be clean, dry, well lighted and heated or air conditioned as the weather requires Said room(s) must be lockable and the key(s)must be delivered to the Artist or Artist's representative upon arrival at the venue on the day of performance Should the room(s) have no keys, then a security guard must be provided at the doors Ir�6 while the Artist is on the premises, and the Promoter will indemnify the Artist against any loss of lS personal belongings or equipment resulting from lack of security t HOSPITALITY The Promoter will provide at least one hour before the starting time of the engagement hot meal, food and beverage (no fast foods), the specifics of meal to be addressed with the Artist's representative;uncut fresh fruit potato chips and a minimum of eight(1 liter)bottles of Evian (or other) mineral water, ice, juice, hot coffee, hot herbal tea Promoter will provide iron and ironing board for Artist's use at the venue 6 Security: (a) Promoter is to be responsible for safety of Artist against loss or injury due to lack of protection backstage, on-stage and in the auditorium and/or on the property of the venue Promoter is also responsible for all security with respect to on-stage equipment, and vehicles belonging to the Artist, with enough parking facilities always available Protection shall commence upon pick-up of Artist, its equipment and personnel at the airport and shall be maintained at the facility or on the property of the venue and shall continue until all equipment and personnel are returned to airport (b) Promoter is responsible for providing backstage passes to Artist with the understanding that backstage passes will be issued only to those persons sdde/s�b Artist or Artist representative 7. Hotel Requirements Where the Pure aser pro`iii"des a td ys for Artist's hotel accommodations, such accommodations must consist of� single rooms Provisions must include 24-hour room service (if possible) or alternative service comparable to 24-hour service, and 24-hour telephone service It is preferable that said hotel houses a restaurant on the premises or within walking distance Hotel accommodations are subject to approval by Artist's Management 8 Production Artist shall have first right of set-up for all instruments and properties used in the presentation One (1) hour is to be available between 4pm and 6pm or such other time designated by Artist's representative for Artist's sound check 9 Sound & Light It is the essence of this Agreement that Purchaser must provide a first-class lighting system acceptable to Artist, which at the discretion of Artist, will be used as supplied or altered or augmented by Artist Failure on the part of Promoter to comply with any requirements of this paragraph shall be deemed a material breach of this Agreement entitling Artist to terminate this Agreement and retain as liquidated damages the sums heretofore paid hereunder 2 Rachael Price plus Trio Contract Rider Current 4/2006 10 Payment (i) A deposit in the amount of fifty-percent (50%) of the total contract price (excluding percentages) shall be made payable to Ed Keane Associates in the form of a C '-`4 , and should be forwarded upon the signing of the contract. (ii) Any and s due to Artist on the night o ance shall be paid in Cash t RACHAEL PRICE,or Certified Chec m CHAEL PRICE prior to the commencement f �� Artist's performance, including a a 1 percen a e In the event said or further overage �,^���L arise from tickets sales t er, payment of same will be made as a oresai o conclusion of said C ram' N 1�7 performance ^^ (in) It is of the essence and fundamental to this Agreement that all of the aforesaid payments, and any other payments due Artist hereunder be timely made without deduction diminution whatsoever, including, but without limitation to, claims arising under this or any other agreement between parties hereto by or against Promoter,Artist,or another Epp CO This Agreement shall be construed in accordance with the laws oft ew York applicable o agreements fully performed therein Any dispute o y arising out of or in connection with thi Agreement shall be submitted to a rmined by arbitration before a single arbitrator in the State of New York under the ru obtaining of the American Arbitration Association and judgment on any (�JJ award may be ed m any court having jurisdiction 11. Complimentary Tickets (a) The Promoter may distribute no more than ten(10) complimentary tickets to the performance and the Promoter agrees to supply proper newspaper, radio and television personnel with complimentary tickets from said allotment without or authorization from Artist or Artist Manager \\ y�� Pkets (b) The Promoter shall provide the Artist with coin ary ti per show, the unused portion of which the Artist's representative will release to be placed on sale on the day of the performance(s) 12 Merchandising: Artist shall have the sole and exclusive right,but not the obligation,to sell products(i e recording,T-shirts,souvenirs,programs,etc)in connection with and at the performance hereunder and the receipts thereof shall belong exclusively to the Artist or her assigned agent Purchaser agrees that no other product,recordings or items identified with Artist shall be sold or dis ute without prior approval of Artist or its assigned agent c�_ '(y1C5yXy_ � 13 Representations & Warranties of Promoter Promoter represents and warrants that it is at the present time, or will be, the owner, operator of, or representative for or has or will have a valid lease (executed in its own name) upon, the place of performance on the dates and at the times set forth in the Agreement, proof of which will be given to Artist upon request No provision contained in any concert hall lease, which is inconsistent with any provision of this Rider, shall be binding on Artist unless Artist consents in writing thereto The person executing the Agreement and this Rider on Promoter's behalf represents and warrants that s/he has the right to enter into and fully perform this Contract and is of legal age to enter into a binding contract 14 Default by Promoter If Promoter fails or refuses to comply with any of the material provisions contained in the Agreement and this Rider including but not limited to failing or refusing (a) to provide any of the items or take an action required of Promoter hereunder, (b) to proceed with the presentation of the engagement which is the subject of the Agreement, (c) to make any of the payments as and when required hereunder, or if any performance is rendered impossible or unfeasible by any cause within Promoter's control or which Promoter, by the exercise of reasonable diligence, could have avoided, then in of such events (i) Artist or its Representative in Artist's sole discretion, may thereupon terminate this Agreement without liability of any kind of Promoter, (u) Artist shall have no further obligation to perform the Agreement, (in) Artist shall retain all amounts theretofore paid to it by Promoter, (iv) Promoter shall remain liable to Artist for any additional compensation herein provided, and (v) Artist shall also be entitled to exercise all remedies then available to it at law or in equity 3 Rachael Price plus Trio Contract Rider Current 4/2006 15. Anticipatory Breach. If, on or before the date of any scheduled perform ereunder the financial standing or credit or Promoter has been impaired or is unsatisfa rtist shall have the right Q to demand payment forthwith of any guaranteed come specified in the Agreement, and if Ly Promoter fails or refuses to make such pay y it , Artist shall then have the right to cancel the Agreement without liability of an o romoter In the event of such cancellation, Artist shall have no further obligation to o er hereunder, and Artist shall retain any moneys theretofore paid to it by Promoter _ 16 Force Majeure In the event of any illness or accident affectin ist, or if a perfonce or a supporting performance is rendered impossible or unfeasible by orce maleure event or any accident, fire, riot, war, civil disturbance, strike, lockout or other la ispute, act of God, order, rule, regulation or act of any governmental authority, absence of er or other essential services, failure of technical facilities, failure or delay of transportation f ies, the parties hereto specifically agree that (a) all of Artist's obligation as to the pertormanc affected shall be deemed waived and, (b) neither party hereto shall have any claim for damages respect to the affected performance(s) Provided that Artist eady, willing and able to perform pursuant to the terms hereof, payment of any guaranteed co nsation hereunder shall be made notwithstanding that inclement weather may render a performance impossible or unfeasible,unless contract states"RAIN OR SHINE" 17 Indemnification Promoter shall indemnify and hold Artist harmless from and against anv and all liability, claims, demands, costs, expenses, loss and damage (including reasonable attorneys' fees) arising out of any breach of this Agreement by Promoter or in connection with any bodily injury, death, or loss of or damage to property which occurs in connection with any performance rendered or to be rendered by Artist during this engagement (unless same is caused by the tortuous conduct of Artist or any employee or agent of Artist) Promoter represents and warrants that it presently carries property damage and liability insurance with sufficiently high limits to adequately insure against the risks assumed and the obligations undertaken by Promoter under this Paragraph 18 Ground e ices ble to tran air ation to hotel, hotel to place of performance, to otel at conclusion of performance and to Ile airport/train station in time for Artist's departure 19. ransportation - urc road manager-to be determined in advance) Bookings Ed Keane Associates 573 Pleasant St. Winthrop,MA 02152 TEL 617-846-0067 FAX 617-846-1767 EMAIL ed@edkeane corn Agreed&Accepted: Promoter Artu� 24n Date = Date 4 Y � Y Rachael Price plus Trio Contract Rider Current 4/2006 LIST OF EQUIPMENT TO BE PROVIDED BY PROMOTER a PIANO--Tor 9'grand piano(Steinway,Yamaha,Baldwin or Kawai),tuned to A-440 day of show,prior to performance,and in between shows. Tuner should be available for touch up after sound check b. JAZZ DRUM KIT--(no preference) - 1 Yamaha 2 Sonor 3 Pearl Equipment 1 18" (preferred)or 20" (acceptable)bass drum Universal tom tom mount for bass drum 2 10" tom-tom 3 12" tom-tom 4. 14"floor tom 5 14"by 5 5"wood snare with stand 6 Minimum of FOUR cymbal stands 7 One(1)Hi-Hat stand 8 Single Bass drum pedal 9 8'x8'carpet 10 Drum throne with adjustable seat C. ACOUSTIC UPRIGHT BASS-PROMOTER will provide cartage for bass if ARTIST provides bass otherwise PROMOTER shall provide One 3/4 or 7/8 size double bass(adjustable bridge preterred)and French bow A microphone on the bass is requested d BASS AMPLIFIER and CABINET—In order of preference• I SWR 2 Gallien Kruger 3 Fender e. MICROPHONE--Shure 58 vocal microphone for Ms Price Additional microphones required should be of good quality f. MONITORS-Minimum of four monitors with appropriate mixes 5 I ' r t Rachael Price plus Trio Contract Rider Current 4/2006 RACHAEL PRICE STAGE DIAGRAM Bass Amp 6 TT Music Stands PIANO D I LID AT , FULL BASS Cazpet C STICK Only 15 E 17 1 ' STOOL 4 _ 8 z 1 3 i \ I A Same Mix B AUDIENCE 1. Vocal mic—Shure 58 A. Rachael's monitor 2. Area mic - drums B. Rachael's's monitor 3. Drum overhead mic C. Drum monitor 4. Drum overhead mic D. Bass monitor 5 Acoustic bass uric—Electrovoice RE 20 E. Piano Monitor 6. Direct from bass amp 7. Piano mic 8. Piano mic 6