HomeMy WebLinkAboutCAG2008-0684 - Original - Gaelic Storm - Spotlight Series - 07/08/2008 Records Management
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KENT Document
WASNiN 6TON
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.
Vendor Name: 1 r tie Vendor Number:
p kS(C. —LC C JD Edwards Number
Contract Number: C K0 $ 2 l' 7
This is assigned by Deputy City Clerk
Description: ptL�& PiLhl1 c pa'r�br ryL.."t't
Detail: 7'J b le Og
Project Name: kezir t' rf's COP ebftis51oA s `6edilaht C eSmeS'
Contract Effective Date: 6-Z4-08 Termination Date: 10 " l Z" S
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: gDK4A_ bill Cr beC Department: Pater IS
Abstract:
1
S:Public\RecordsMonagemenl\Forms\CornlrociCover\ADCL7&32 07/02
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KENT y
W A S H I N O T O N /�40' CONTRACTOR SERVICES AGREEMENT
) between the City of Kent and
Gaelic Storm c/o Sk line Music LLC
THIS AGREEME is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and Gaelic Storm, c/o Skyline Music LLC located and doing business at 28 Union St., Whitefield, NH 03598,
(603)837-9600(hereinafter the"Contractor").
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Description: Gaelic Storm (hereinafter referred to as"Artist")will present one public
performance as part of the Kent Arts Commission's"Spotlight Series."
Start Time/Duration/Stop Time: 7:30 p.m./two 55-minute sets with one intermission/approximately 9:30 p.m.
Day, Date,Year: Saturday, October 11, 2008
Event Location: Kent-Meridian High School Performing Arts Center, 10020 SE 2561h St., Kent,
WA 98030
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.-Geltb=ar must provide all sales staff and
C0 eta rfily r r will retain 100%of sales revenue.
Lodging: City will provide seven (7) hotel rooms on the night of Saturday, October 11,
2008.
Travel: City will provide local ground transportation to and from airport, hotel and
performance venue as needed.
Meal(s): City will provide a meal and refreshments as specified in the attached rider.*
Billing: Fvp s'j?y w "Gaelic Storm." Contractor to receive 100% sole headline billing in all
advertising, with exception of season brochure.
Sponsorship: City reserves the right to obtain corporate sponsor(s)for Contractor's
performance.
Exclusivity: Contractor shall not appear in general Seattle/Puget Sound market, including
King, Pierce, Snohomish and Kitsap Counties, within two-months before or after
October 11, 2008,with the exception of venues previo-ysly discussed an
mutually agreed upon i' ClUd' Ed,*wds C"Rr� F*r9? �Q ��j
House seats: City will hold twelve M complimentary house seats for Contradtor, to be f�"'
released-24'hour i" or t curtain if not notified by Contractor.
*The attached rider is part of this agreement.
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$5,000.00 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 $2,500.00 will be paid, by City of Kent check, to Skyline Music upon complete execution of contract. The
balance of$2,500.00 will be paid, by City of Kent check, to Gaelic Storm Tours, Inc. on the day of the 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
CONTRACTOR SERVICES AGREEMENT- I
(Under$10,000-Sole Performer)
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:
Venue: City will provide proscenium theater: Kent-Meridian High School Performing Arts Center.
Sound: City will provide sound system according to Contractor's technical rider.*
Lights: City will provide lighting according to Contractor's technical rider.*
Dressing Rooms: City will provide dressing room facilities according to Contractor's 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 rider 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 am upon the actu I time of Contractor' performance compared to the contr cted performance
s dule.�: w,sc . a/l t�+ s i'iKtA" b Co^7rdctorr Jat fo C:-ty, ,S �;/itr tl� >"o p�/, .V, a tee
.# �'s A ittrr9t��j- ha!/ M rffP*n i'b,'/,' y /�F fht Cr y!
�. IMPOSSIBILITY OF�ERFORMAI�CE. �utdoor performances aide considered ra'fn 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.
CONTRACTOR SERVICES AGREEMENT-2
(Under$10,000—Sole Performer)
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,
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 VII 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.
CONT CITY OF KE T:
By: By:
1si nat re) (sigVion)and
Print Name, /r/� ���/� Print Name: Lori Hogan
Its ��fj(E/Q Its. Superintendent, Recr Cultural Services
11 (Title) (TitlA
DATE: /2 (� DATE: �• g •D
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
-SAEL T G SroRIM 0 Ronda Billerbeck, Cultural Programs Manager
City of Kent
qnh T 220 Fourth Avenue South
Kent,WA 98032
H S• Jkr!T /a8 (telephone)
1 - •/30 t (facsimile) (253) 856-5050 (telephone)
r,Lr cjDa r•I a (email) (253) 856-6050(facsimile)
rbillerbeck(a-ci.kent.wa.us(email)
P IGNPFORMS'GONTRACN(entNelConVaele-FIRALS\CmreWtant$emloeeAgreemeftTw"on"ct-PeAormerSmell dm
CONTRACTOR SERVICES AGREEMENT-3
(Under$10,000—Sole Performer)
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
CONTRACTOR SERVICES AGREEMENT-4
(Under$10,000—Sole Performer)
for Ali Deliveries: D i w fist"bF ti k�"vvU orcefti5
Skyline Music,LLC ad'""e°ppayabl o 'cS �i'a usic
28 Union St. aYe e
a ices ed en
Whiteffeld,NH 03598
Ph-603.837.9600 Fax-603.837.9601 ei e
This contract is for the personal services,on the engagement described below,made this day,3/11/2008,between the under-signed Purchaser of Music
(hereinafter called'Purchaser)and undersigned entertainment act(hereinafter called'Artist').
Engagement Date: 10/11/2008
Artist: Gaelic Storm Tours,Inc. Capacity: 360
Venue: Kent-Meridian High School Performing Arts Center Set-up Time: Per Advance
Sound Check: Per Advance
10020 SE 256th St. Ages: All
Kent,WA 98030 Doors: 7:00 p.m.
Phone: 253-856-5055
Wage Agreed Upon: $5,000.00 flat
Contracts Due: 5/15/2008 Deposit(certified check or bank wire): $2,500.00
Payment Terms: $2,500 deposit due within 30 days of receipt of fully executed contract.,made payable to Skyline Artist Deposit Account.
Balance to be paid by City check made payable to Gaelic Storm Tours,Inc.prior to performance
Ticket Price: $18-$25 TBD Gross Pot: $6,480-$9,000
Perf Length: 2 sets at 55 minutes Perf.Time: 7:30 p.m.
Taxes: none
March: 100%march to artist,venue sells
Tech Advance: Sound:Dan Mortensen 206-525-2114,Lighting:Jay Thornton 253-373-4069
Promo Adv.: Ronda Biilerbeck,253-856-5055,rbillerbeck@ci.kent.wa.us
Other Info:
Ticketing Info: Tix available Aug.,2008 by calling 253.856.5051 or online at www.kentarts.com
Taxes/Ages/Addt'I Agreements: Venue to provide requirements per artist rider and provide 7 quality hotel rooms.No alcohol Is allowed in school
facility.Venue will be paying by City check,rather than certified.City Attorney requires us to use city-Issued
contracts,but band riders may be attached. Venue requests no other shows In general Seattle/Puget Sound
region unless previously discussed and agreed upon j gC(yd�np Qm4 C'eAttr `pr TI c
Type of Engagement: Art Center Arf-i RS n"rfe'R J
Sound and Lights Provided by Purchaser to Artist's Specifications: Yes t f
ANY ATTACHMENTS,RIDERS,OR ADDENDA ARE BINDING PARTS OF THIS CONTRACT.
1)The Agreement of the Artist to perform Is subject to proven detention by sickness,strikes,adverse weather condition,acts of God,or any other legitimate condition beyond Its
control,for which the artist will not be held responsible for any loss incurred by the Purchaser,as a result thereof.
2)It is expressly understood by the Purchaser and the Artist,that Skyline Music is not a party to this contract in any capacity except as agency for a disclosed principal and,
therefore,shall not be liable to the performance or breach of any provision herein.
3)No performance by the artist pursuant to the contract shall be recorded,reproduced or transmitted from the place of performance in any manner or by any means whatsoever in
the absence of a prior written agreement with the artist relating to and permitting such recording,reproduction,or transmission.
4)It is mutually understood and agreed that this contract shall be governed by the laws of the State of New Hampshire,both as to Interpretation and performance.Further.any
action at law,suit in equity,arbitration or other judicial proceeding for the enforcement of this contract or any provision thereof shall be instituted only in the courts of the state of
New Hampshire.
5)Purchaser warrants that he or she is of legal age,has the right to enter into this contract,and in signing this,acknowledges his authority to do so,and hereby assumes liability of
the amounts stated herein
THIS CONTRACT WAS NEGOTIATED WITH SPECIFIC TICKET PRICES STATED CAPACITY AND GROSS POTENTIAL.ANY ADDITIONAL MONEYS GENERATED IN ANY OF
THESE NEGOTIATED POINTS WILL BE 100%DUE ARTIST ON DEMAND.I HAVE READ,UNDERSTAND,AND AGREE TO THE ABOVE CONTRACT.
Ronda Bbllerbeck-City of Kent Arts Commission Matt Maher FED ID#37-1459723
Kent-Meridian High School Performing Arts Center aellc Storm Tours,Inc
220 4th Ave.South Booked by: Kelly Shuttleworth
Kent,WA 98032-5896
253-856-5050 253-856-6050
rbillerbeck@cl.kent.wa.us
updated: 11.03.07
GAELIC STORM TECHNICAL REQUIREMENTS
Pete Wildermuth • FOH Engineer • 617.686.9091 (cell) • petewildermuth@mac.com
(PLEASE NOTE:these are minimal requirements,if these cannot be met,ARTIST cannot perform)
VENUE shall provide the following equipment at its sole expense and at no cost to ARTIST.
9STURDY WOODEN STAGE of minimum size twenty-six(26')feet wide by twenty(20') feet deep. Where stage is
ated, a sturdy CARPETED DRUM RISER (8'wide x 8'deep x 1'high) is also required.
(B)A high quality STEREO SOUND REINFORECEMENT SYSTEM suitable for the venue is required, sufficient in size to
provide good coverage to all parts of the venue (i.e. EAW, EV, MEYER,JBL). System must have FULL RANGE cabinets
and SUBWOOFERS with a stereo crossover.A stereo,graphic 31-band equalizer must be provided and patched on the
left and right outputs of the soundboard before the stereo crossover and placed at the FOH mix position.
In THEATRES or LARGE HALLS with balconies DELAYED SPEAKERS must be flown to ensure consistent, intelligible
coverage in the back of the hall. There must also be FRONT-FILLS (minimum of two) to ensure coverage for the first rows.
IXING CONSOLE:The console should be CENTRALLY LOCATED in the venue, not under a balcony or in a corner. It
mould be of professional quality(i.e. Soundcraft, Midas, Allen&Heath, Yamaha)with a minimum of 24 channel strips.
Each channel should include a mic preamp, high pass filter, 2 parametric EQs, and 4 aux sends. It must have a•minimum
of 4 subgroups or VCAs and a stereo output. VENUE must provide a stage box and snake with a minimum of 24 inputs
placed UPSTAGE LEFT and returning to the FOH mix position. VENUE will provide a qualified technician familiar with
system in question at its sole expense and at no cost to ARTIST.The house technician must be available from load-in
through the conclusion of the performance.
ODUTBOARDGEAR: (3) Effects Units (i.e. Yamaha SPX 990, 90, 2000, Lexicon PCM 70,80,91,TC Electronics M1)
(8) Compressors (i.e.dbx 160A, 1066, BSS DPR 404, Presonus ACP 88)
(4) Gates (i.e. Drawmer DS 404, BSS DPR 504,Aphex 622)
PLEASE REFER TO INPUT LIST FOR INSERT PATCHING
E. ONITORS:Gaelic Storm uses an in-ear monitor system, comprised of a Crest XRM monitor mixer with microphone
fitter.The VENUE must provide one (1) 12 CHANNEL SUB-SNAKE with 12 XLRF inputs and 12 XLRM tails to be
patched into our monitor mixer.The band will make necessary adjustments to the in-ear mixes via our onstage monitor
rack. The VENUE must also provide two(2)SIDE-FILL MONITORS and one(1) DRUM WEDGE monitor, preferably with a
15"driver or a separate subwoofer.The side-fill &drum mixes may be fed from aux sends on the FOH console.
In FESTIVAL SETTINGS four(4)downstage wedge monitors must also be provided, each with a 31-band graphic
equalizer, a complete split monitor console (minimum of 24 channels)and a dedicated engineer.
Q,F. MICROPHONES: Four(4) Shure Beta 58 mics and one (1) Passive DI box are needed for FLY DATES. For DRIVE
TES Gaelic Storm carries all required microphones and direct boxes.
(G)nd,
ICROPHONE STANDS&CABLES: Eight(8)TALL BOOM stands,two(2) SHORT BOOM stands, one(1) STRAIGHT
all with standard (SM 58 style) microphone clips.CABLES:Sixteen (16) 25'XLR, and Four(4) 10'XLR.
LIGHTING:VENUE must provide lighting sufficient to illuminate the full band along with an operator familiar with the
tem.A general wash using bold colors (red, violet,amber, blue, green)along with intelligent/moving lights is suggested.
In general,the band prefers a lively rock-style lighting show.We also carry a 100 mm gobo(GS logo)for use in venues
with appropriate backdrop.
Ik. TAGEHANDS:Two (2) stagehands should be available upon band arrival to assist with load-in and load-out.
Please ci cl each item letter(A through 1),initial bottom of page and fax back to artist representative.
Signed:
NOTE:Th is rider Is subject to change.
Please check http://web.mac.com/petewildermuth/iWeb/Gaelic_Storm for any changes
updated: 12,12.06
GAELIC STORM PERSONAL RIDER
ANY CHANGES TO THIS RIDER MUST BE DISCUSSED AND APPROVED IN WRITING BY
GAELIC STORM ("ARTIST") AND/OR AN AUTHORIZED AGENT OF GAELIC STO .
SETTLEMENT: u ' "( olecX_
Balance of guaranteed wages paid at performance are to be issued as a eeWfied-0 c .
not cash, payable to:Gaelic Storm Tours, Inc.,Tax ID#:37-1459723, unless otherwise approved
by artist prior to engagement. T " ac a ctiepa__
COMPS:
VENUE to provide AT NO CHARGE: 12 tickets per performance to Gaelic Storm. In the case of multiple
performances in one day at same Venue, Venue will provide AT NO CHARGE: 12 tickets per each
scheduled performance.
TRANSPORTATION:
If ARTIST gives advance notice to VENUE that ARTIST is arriving by air,VENUE shall,at its sole cost
and expense; provide GROUND TRANSPORTATION for ARTIST and entourage of SEVEN(7)people,
plus luggage and instruments,etc. between airport, hotel,concert venue, and return to airport upon
departure. Due to the size of ARTISTS instrument flight cases and merchandise boxes,either one(1) 15-
passenger van, OR two(2)mini-vans,OR one(1)mini-van AND one(1)cargo van is required.
ACCOMMODATIONS:
If VENUE is providing HOTEL ACCOMMODATIONS, a minimum of SEVEN(7)non-smoking, single
rooms within reasonable distance of venue are required.
HOSPITALITY:
VENUE shall provide one(1)comfortable and private DRESSING ROOM adequate for use by SEVEN (7)
people INCLUDING:
PRIVATE BATHROOM: At least one (1)bathroom with commode&sink(hot&cold runnin2q,'..
BEVERAGES: Chilled &available In dressing room UPON ARRIVAL
• 6 Red Bull, 6 Diet Coke
• assortment of bottled cranberry juice,seltzer water,Orangina or lemonade (�
• �� racA !17\of la a ...1 ,
• unlimited BOTTLED water
•fresh brewed hot coffee&hot tea(with fresh cream,lemon, honey, &sugar)
SNACKS:Available In dressing room UPON ARRIVAL in quantities sufficient for SEVEN(7)
• small assortment of fresh fruit
• crackers&hummus or cheese, nuts or trail mix, Clif bars
• 1 large bag of Lays Baked Potato Chips(barbeque or regular)
• tortilla chips& hot salsa
DINNER: Served BEFORE each performance and AFTER sound check(if schedule allows)
- One(1)CATERED HOT MEAL(consisting of a salad,meat,vegetable, and starch)sufficient
for SEVEN (7), including one(1)VEGETARIAN option AND one(1)DAIRY-FREE option.
•Please, NO LASAGNA, DEEP-FRIED or FAST FOODS
ELECTRICAL OUTLETS:At least three(3)electrical outlets.
PHONE-LIN E/INTERN ET ACCESS: Venue shall provide band access to at least one(1)phone-
line/internet connection or wireless internet access on-site.
LOCAL NEWSPAPER: At least two(2)copies of the i ocals or near t city daily
newspapers. C/�`
d 1,0 Y�oB
Buyer Signature Dat Gaelic Storm Tours, Inc. Date
Contact: Pete Wildermuth • 617.686.9091 (cell) • petewildermuth@mac.com