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HomeMy WebLinkAboutCAG2008-0671 - Original - DCA Productions Plus, Inc. - Spotlight Series: Avner the Eccentric - 05/06/2008 Records Management 1KENT Document W A S H I N G T O N 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: DCR. Endu.ct-ion s Plu Vendor Number: {� 4 JD Edwards Number Contract Number: P � `o O - 277 This is assigned by Deputy City Clerk Description: L oo ` 3 : IS 12 : V Q,t• ►'CDyt 1 ,q 200 3 ' Kenf - M erid i art-H Detail: tYV- rnd.blic 9war1m." Le r Project Name: i'cSnowilo h+— Serl;es' Contract Effective Date: q-3 0-0 s Termination Date: L4 ` 5- 0 9 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Konda. bitLGrbeck Department: ra�'kS Abstract: �060 S:Public\RecordsManagemenl\Forms\ConlractCover\ADCL7832 07/02 . I • `1■/,1I K N T WASH INOT CONTRACTOR SERVICES AGREEMENT �Kr between the City of Kent and UJSL_ DCA Productions Plus Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and DCA Productions Plus, Inc. located and doing business at 676 A Ninth Avenue #252, New York, NY 10036,212-245-2063 (hereinafter the"Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Description: Contractor will furnish the services of Avner The Eccentric(hereinafter referred to as"Artist")to present one public performance as part of the Kent Arts Commission's"Spotlight Series." Start Time/Duration/Stop Time: 2:00 p.m./approximately 75 minutes/3:15 p.m. Day, Date,Year: Saturday, April 4, 2009 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. Contractor must provide all sales staff and will retain 100% of sales revenue. Lodging: City will provide one(1) hotel room on the night of Saturday, April 4, 2009. Travel: Airfare included in fee. 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: Avner the Eccentric"Exceptions to Gravity." 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 April 4, 2009,with the exception of venues previously discussed and mutually agreed upon. House seats: City will hold ten (10)complimentary house seats for Contractor, to be released 24 hours prior to 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$3,500.00 for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. A deposit of $700.00 will be paid, by City of Kent check, to DCA Productions (Fed ID# 13-0024434) upon complete execution of contract. The balance of $2,800.00 will be paid, by City of Kent check, to Avner Eisenberg (SSN 259-78- 0184) 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. VIII. 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. 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 VI I 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: By: tylw. a�2� si natur ) (si at e Prin ame: ei(Cs� c � Print Name: Lori Hogan Its Its: Superintendent, Recreation and Cultural Services (Title (Titl 3 DATE: 1a I 0 � DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: 4bla,4-(,�-A Ronda Billerbeck, Cultural Programs Manager City of Kent 220 Fourth Avenue South Kent,WA 98032 (telephone) (facsimile) (253) 856-5050 (telephone) (email) (253) 856-6050 (facsimile) r c,0r-) rbillerbeck -ci.kent.wa.us(email) P 0CN111FORMS`.CONTRACT\KmtNetCon4acbFINALStComultentSemko.AgreementstPeNmCor&W-Parf=erSma11 Ea CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000—Sole Performer) EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. Avner the Eccentric—Technical Rider Page 1 AVNER THE ECCENTRIC TECHNICAL RIDER For further information,or if you have questions about this Rider,please contact: The Eccentric Co. 29 City Point Road Peaks Island,ME 04108 Tel: 207-766-2945 Cell:207-807-6100 Fax:207-766-2946 E-mail: avner ,avnerTHEeccentric.com Web: http://www.avnerTHEeccentric.com/ Presenter is required to send a tech package including a stage plot (including all in- house drops, travelers, and curtains), a diagram of lighting positions, lighting instrument inventory, description of light board and dimmer capacity, and seating chart to Artist with signed contract and in no event less than thirty days prior to engagement. Presenter agrees to supply the following at its sole cost,and to adhere to the following requirements of the Artist: 1. CHECK LIST OF PROPS THAT PRESENTER MUST PROVIDE ❑ 8' stepladder—Lightweight aluminum A-frame stepladder (Commercial, Type 1) Avner will be balancing this ladder on his chin so it must be as light as possible (max. 301bs.). Please wash ladder. Type of ladder for European engagements. Type of ladder for USA engagements Size:between 2 and 3 meters. Size: 8 feet. a, 11 r ❑ Chair — Sturdy wooden "teacher's" or "library" chair, armless with a flat, unpadded wooden seat. Avner the Eccentric-Technical Rider Page 2 ❑ Carpet - 12' x 14', light gray, commercial low pile, tight loop, olefin or nylon carpet. ❑ Black gaffer's tape—One roll to tape carpet to floor. ❑ Towels-Bath towel for dressing room and off stage. The following disposable items are needed for each performance: ❑ Popcorn — One cellophane bag of artificially flavored buttered popcorn (no cheese). ❑ Kitchen matches—One box-250 count. Strike on box,not strike anywhere. ❑ Local newspaper—Broadsheet,not tabloid size,for the day of the show. ❑ Red rose—One fresh long stemmed rose. ❑ Cranberry juice cocktail—Pint bottle per show,or larger for multiple shows. 13 White toilet paper- Two-ply toilet paper, one roll per show, minimum 2 rolls. Soft,not hard roll. Please let The Eccentric Company know if you have difficulty obtaining any of these items. Artist might be able to recommend sources. 2. SCHEDULE Artist needs uninterrupted use of stage for a minimnr„ of five (5) hours prior to performance,and after lights have been hung and rough focused This is for an 8 pm show. Please adjust for other curtain times. cA:M o 3:0"M (5 hours before curtain) a'VV-% Arrival and load-in. All props are on stage, the sound system is in place and working, lights and masking are hung and rough focused �j; Iti'•bC) according to the enclosed light plot and ground plan. 9 '— Place carpet and focus lights. �U- 1:30 Set sound levels and light cues. Avner and production stage manager eat catered meal at theater. I, hO Break for crew. -6:30 Wardrobe person does ironing and laundry, if necessary. Floor is swept and wet mopped,and carpet vacuumed. -7-.A9 Rehearsal for camera person, late comers, house manager and on- deck crew member. 3. PERSONNEL REQUIREMENTS Load-in and set-up: 3 stage hands including master electrician Avner the Eccentric—Technical Rider Page 3 Three hours before curtain: Sound technician. t One and one-half hours before curtain: ` ICU acCe2.5s+v b4x-�Uv t C"trail— Wardrobe person with access to VM and steam iron One hour before curtain: There will be a brief rehearsal one hour prior to curtain for the following: a.On-deck crew member We would like the on-deck technician to assist with an off-stage"bit." b.Camera person We require the assistance of a woman to sit in the audience and take a photograph with OUR camera during the show. Please reserve an aisle seat for her in the second or third row,house right. c. Two or three audience volunteers who pretend to arrive late to the performance. Seating must be near the front in view of the entire audience. d.House manager to discuss camera person and late comers. We would like to talk to the house manager regarding late-comer seating. Running crew: OL 1'C u One on-deck crew member SR (can double as wardrobe person), and a.�t SNd sound technician.The company's stage manager will run lights. -Eechai 04n' 4. STAGES kry All lighting instruments and masking must be hung according to the enclosed light plot and ground plan and the sound system and headsets must be in place and working. Have the carpet,carpet pad,and all props on stage. a.Masking(see attached ground plan) Black velour legs, black borders, and black traveler or drop should be hung according to the enclosed ground plan and according to the following guidelines: Stage floor to border............................ 16 feet Stage width masked.............................32 feet Plaster line to black traveler or drop....minimum 20 feet b.Stage to house steps Two sets of steps, one each left and right, minimum 3'wide. Spike the stairs and the lip of the stage liberally with white tape. c.Prop tables One large cafeteria size table and one small prop table, with blue running lights, stage right. 5. SOUND a. CD or mini-disc player Stage manager(in light booth)must be able to hear audio and sound from house. Avner the Eccentric—Technical Rider Page 4 b. Microphone We will need a microphone with an on/off switch at the lighting console. e. Headsets Headset communication is needed between the stage manager and the sound board, front of house,and stage right wing. 6. LIGHTING Execute the enclosed light plot. All instruments must be hung and rough focused before the company's arrival. 7. DRESSING ROOMS The show requires two clean,heated and/or cooled,well ventilated dressing rooms with lockable doors. At least one of the dressing rooms must boeaq%AA have a private Glassv> �rt S bathroom with-46mer, sink, bath towels, a costume rack with plastic or wooden w u 4- hangers,and a cot. b� ;0!p 8. WARDROBE AREA �( vpd-n arpe�td OU%kvw`t There should be a fully equipped wardrobe area including a steam iron, an ironing board with cover, a can of spray starch, and a costume rack with plastic or wooden hangers. 9. SECURITY Adequate security must be provided for the protection of company and personal property. The dressing rooms must lock and the keys be given to the production stage manager upon arrival. Access to the stage, backstage area, and dressing rooms must be restricted to only those working on the show from load-in through load-out. 10.CATERING Please arrange to have the following in the dressing room at the start of load-in: An assortment of fresh fruit(bananas,oranges,grapes,pears,etc.) An assortment of cheeses and crackers An assortment of fresh fruit juices (no juice-like"drinks",please) Two liters of unflavored carbonated mineral water An ice chest with ice and/or refrigerator *Please note that there are only two of us in the company Hot meal Please make arrangements for a hot catered meal for two to be served three hours before the scheduled start of the show on load-in day and between shows on multiple show days. Avner the Eccentric—Technical Rider Page 5 Entree: Broiled fresh fish,pasta with light seafood sauce,or chicken Soup: Seafood or chicken noodle(not canned) Fresh vegetables(be creative)and fresh garden salad with dressing Agreed to and accepted by: Changes (if any) agreed to and accepted by: accepted by: AOM4 I ��-e.'" Presenter erEisenberg z/ Zq Ll �g v D e Date CD -2 f E W = _ v Q. O O Law w w '- Q 0 rco) ali �flw w CD co to M .N r CMCq NCj O co N O J 8 @Ca ) W �y� © O Q >s �N m m a cc to a � � � Q f- �NCI ccN N N co��'y 1 I U) O w Q I [� N [� i © [N N [N NCog 0 1(� ! W Q. _.._. [r (p. ._.. .._.I ._.._.._. _.._.._.._.._.. .._.._...N (�. _ 7— V .. Q _ I (ED a)I V. D c CO V Q [ N N [N 1 N S 1 a 1 ! U)CO(9 T co co to cc I N N t I r Co O � O r I QCD O so go go CO(a to � 8 o g8 N Z r0 0��, — cd cn I'd U E c 0 O e o. LL a a. C7