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HomeMy WebLinkAboutCAG2007-0810 - Original - Debashish Bhattacharya - Spotlight Series: Trinity of Guitars - 07/12/2007 Records M w Vagemlb 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 Clerk's Office. Vendor Name: Debashlak Vendor Number: VqW JD Ed ards Number 1 Contract Number: ^07-S I This is assigned by City Clerk's Office //ll Project Name: csmaq h t s evi.es Aom " ALLnn Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date:3I 07 Termination Date: 1111-20-0$ Contract Renewal Notice (Days): -1 Q Number of days required notice for termination or renewal or amendment Contract Manager: Ronda-- Department: -?#.rks - 1+tkraA` BI►lerbec�. Detail: (i.e. address, location, parcel number, tax id, etc.): S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 69M KENT p�7� WASHINOTON CONTRACTOR SERVICES AGREEMENT between the City of Kent and Debashish Bhattacharva, c/o Herschel Freeman Agency THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Debashish Bhattacharya, c/o Herschel Freeman Agency, organized under the laws of the State of Tennessee, located and doing business at 7684 Apahon Lane, Germantown, TN 38138, (901) 757-4567(hereinafter the"Contractor"). 1. 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' Start Time/Duration/Stop Time: 7 30 p m /approximately 120 minutes including one 15-20 minute intermission/ 9:30 p.m. Day, Date,Year: Saturday, April 19, 2008 Event Location: Kent-Meridian High School Performing Arts Center, 10020 SE 25e Street, Kent 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 three (3) single hotel rooms on the night of Saturday, April 19, 2008 Food/Refreshments: City will provide hospitality in dressing room prior to performance according to attached rider." Billing: Debashish Bhattacharya• Trinity of Guitars 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 SeattWPuget Sound market, including King, Pierce, Snohomish and Ktsap Counties, within two-months before or after April 19, 2008, with the exception of venues previously discussed and mutually agreed upon 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 5 It. COMPENSATION. The City shall pay Contractor the total sum of $5,000 flat for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement A 10% deposit of $500 00 will be paid, by City of Kent check, to Herschel Freeman Agency, Inc (7684 Apahon Lane, Germantown, TN 38138) upon complete execution of contract The balance of$4,500 00 will be paid, by City of Kent check, to Herschel Freeman Agency, Inc and mailed on the first business day after the completion of the performance to 7684 Apahon Lane, Germantown, TN 38138 Ill. PRESS MATERIALS. Contractor agrees to provide where appropriate, at his or her own costs, 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 All publicity and promotional materials released to the media 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, house manager, and box office staff and any additional services and personnel as required, for the efficient operation of the engagement Other arrangements will be the responsibility of the City and Contractor as follows below I, CONTRACTOR SERVICES AGREEMENT- 1 (Under,SIO 000—Sole Performer) B. Recyclable Materials Pursuant to Chapter 3 80 of the Kent City Code, the City requires its Contractors to recycled and recyclable products whenever practicable. A price preference may be available for any designated ,ycled product - � C Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants nd agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more istances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the ame 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 prising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, ,hall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King ,ounty, Washington, unless the parties agree in writing to an alternative dispute resolution process In any claim or awsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and ittorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided ,y law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under section VIII 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 seemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may )e hereafter specified in writing F. Assignment Any assignment of this Agreement by either party without the written consent of the non- 3ssigning party shall be void If the non-assigning party gives its consent to any assignment, the terms of this Agreement ;hall 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 kgreement 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 accruing out of the performance of those operations IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. CONT OR: CITY O KENT: r 7 By "',11A By-- si 0 a r F- (signature) Pr Name I Print Name Jeff Watling Its Its Director, Parks, Recreation and Community Services (Title (Title) DATE. 15 - "> DATE 7AII&O NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CO TRACTOR-,,, /jam / CITY OF KENT: ��j (k(i Y tf" �Lr4iir.1) /a`� stC}i, Gl,rL . Ronda Bdlerbeck, Cultural Programs Manager i, ` ' —�di ; y-� �' City of Kent r v ✓L -i — —7 it! l'! ,z, 220 Fourth Avenue South Kent, WA 98032 ­7T7 — c (telephone) Z . t (facsimile) (253) 856-5050(telephone) 253 856-6050 facsimile CONTRACTOR SERVICES AGREEMENT-3 (Under S10,000—Sole Performer) �•.-�'' KEN T CONTRACTOR SERVICES AGREEMENT between the City of Kent and Charlie Musselwhite c/o The Rosebud Agency THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Charlie Musselwhite, clo The Rosebud Agency, organized under the laws of the State of California, located and doing business at P O Box 170429, San Francisco, CA 94117, (415) 386-3456 (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 " Start Time/DurationlStop Time: 7 30 p m /approximately 90 minutes with no intermission/9 00 p m Day, Date, Year: Saturday, February 3, 2007 Event Location: Kent-Meridian High School Performing Arts Center, 10020 SE 256ih Street, Kent 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 five (5) single hotel rooms on the night of February 3, 2007. Meal City will provide meal buy-out for seven people at the rate of$20 per person, for a total of$140. Refreshments: City will provide hospitality in dressing room prior to performance according to attached rider* Billing: Charlie Musselwhite. 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 February 3, 2007, with the exception of venues previously discussed and mutually agreed upon (Kirkland Performance Center) 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 flat(plus a meal buy-out in the amount of$140) for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement A 25% deposit of$1,250 00 will be paid, by City of Kent check upon complete execution of contract to The Rosebud Agency The balance of $3,890 00 ($3,750 + $140 meal buy-out) will be paid, by City of Kent check on the day of the performance to Charlie Musselwhite. III. PRESS MATERIALS. Contractor agrees to provide where appropriate, at his or her own costs, 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 All publicity and promotional materials released to the media 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, house manager, and box office staff and any additional services and personnel as required, for the efficient operation of the engagement Other arrangements will be the responsibility of the City and Contractor as follows below CONTRACTOR SERVICES AGREEMENT- I (Under $10,000—Sole Perfomrei) Venue: City will provide proscenium theater Kent-Meridian High School Performing Arts Center Sound: City will provide sound system according to attached technical rider* Lights: City will provide general lighting according to attached technical rider Dressing Rooms: City will provide dressing room facilities according to attached technical 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 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 only in the results obtained under this Agreement VI. EVALUATION The Contractor shall have the authority to control and direct the performance and details of the contract work, the work must also meet the approval of the City and shall be subject to the City's general right of inspection and supervision to secure the satisfactory completion thereof Contractor agrees to cooperate in this evaluation process and to make available to the City all information required by such evaluation process Contractor agrees to comply with all federal, state and municipal laws, rules, and regulations that are or may in the future become applicable to Contractor or Contractor's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations VII WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and 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 All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work VIII. 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 IX 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 X. USE OF CITY MATERIALS. Contractor shall not, without prior written approval and permission of the City, use participant roster or related program materials for any purpose outside this Agreement including, but not limited to, solicitation of participants for Contractor's use in competition with City programs XI 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 XII. 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 The Contractor shall be under no liability for failure to perform in the event that such failure is caused by or due to acts or regulations of public authorities, civil lulmut, strike, epidemic or any other cause beyond the control of Contractor In the event of a failure to perform as provided in this section, neither party shall be liable for the balance of the Agreement CONTRACTOR SERVICES AGREEMENT- 2 (Under $10,000—Sole Pefoiwei) XIII. 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, 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 VIII 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 mad, 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 Ail 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 accruing out of the performance of those operations IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below CONTRACTOR: CITY OF K T: By ,aaGda .�^[M 1 °Cs By r (sign lure) (si iat re) Print Name �,f11 DC }�4S.StZ�n VTf5 Print Name Lon Ho an Its Sala P -flu fDlt_ Its Acting Director, Recreation and Community (Title) Services DATE, �iiPrC�'e Tits DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR CITY OF KENT. CN�i(�41� V�t ��h�tlilE C�OTLt �UD11� Ronda Billerbeck, Cultural Programs Manager City of Kent CONTRACTOR SERVICES AGRIiGMBNT-3 (Linder$l(l•000—Sole Petfuurt,'�) 220 Fourth Avenue South Kent, WA 98032 (telephone) (facsimile) (253) 856-5050 (telephone) (253) 856-6050 (facsimile) P'fMft)KpUN.ONTPACi1W i11NtIl.p J,abFINrLL 51PaM5 Sdi Ih.IhmxM Sn YPJIy�n IyJrf1UN ilm CONTRACTOR $FRVICES AGREEMENT-4 (Undcv $10,000—SolePCiIunucr) EXI=I MIT A INSURANCE & INDEMNITY REQUIREMENTS No Insm-ance is required ror this Coshact. CHARLIE MUSSELWHITE BAND CONTRACT RIDER as of 6/21/05 This rider regarding the Charlie Musselwhite(hereinafter referred to as Artist)engagement is herein made a part of the attached contract Purchaser agrees to meet the following requirements at his/her expense. 1. ARTIST BILLING AND PROMOTION A. In all headline situations,Artist shall receive 100%headline billing In all headline situations,other acts on bill must be cleared through Artist's agency prior to confirmation of support act When not headlining, Artist shall always receive Special Guest billing. B. In all advertising and publicity,Artist shall be billed as CHARLIE MUSSELWHITE C. Radio Station or Product Co-presents,Promoter Co-presents Any proposal for co-presentation of this show including any tie-m with radio,TV,newspaper or product must be cleared with and approved by Artist's representative prior to any confirmation of such tie-in,co-present or co-promote. Also,any co-promote situation with any promoter other than contract signer as shown on the contract face will first require written approval of Artist's representative 4t,#ft - ham^ D. Management must approve marketing and promotion plan before implementation. Please contact Q Sue Schrader with Blind Ambition Management to discuss marketing and promotion strategy as t SPCi54yi soon as possible at 414-762-5363 or at. sue@blindambitionmgt.com. Marketing and promotional ipk0(11.we- items are available at.http://www charliemusselwhite com/?page=contact &J(S(,w 2. GENERAL REQUIREMENTS WUVhrU, CONTRACTUAL OBLIGATIONS ! t-'�` A. The Contract and this Rider may not be changed,modified or altered except by an instrument in �J writing signed by both parties Nothing herein shall require the commission of any act contrary to law, or any other rule or regulation of any union,guild or similar body having jurisdiction over the services of Artist or over the performances hereunder,and whenever or wherever there is any conflict between any provision hereof and any law,rule or regulation,then such law shall prevail and the Contract and this Rider shall be curtailed, modified or limited only to the extent necessary to eluninate such conflict B Purchaser hereby warrants and represents that he has received permission and appropriate licenses from authority controlling the facility in which the engagement is to be held in order to promote this concert. If for any reason the permission and/or licenses for this engagement are cancelled by the issuing authorities, Artist shall,nevertheless,be paid the frill Contract price. It is specifically understood and agreed that Purchaser's obligations hereunder to pay Artist shall not be modified or affected. C In the event of illness or incapacity of any member of Artist entourage, they shall not be required to perform the engagement,in which event,any monies heretofore paid by Purchaser for the engagement shall be returned to Purchaser and neither party hereto nor Artist shall be under further obligation to each other regarding the engagement. D. Artist shall have the right to terminate his performance and/or cancel this Contract without liability if in their sole and absolute judgment,riots or civil disorder might endanger the life or safety of members of the Artist entourage. E. In the event Artist and/or his required equipment are unable to appear at the place where the engagement is to be held due to the unavailability of timely transportation beyond the control of Artist then such failure to appear shall not be deemed a breach of this Agreement and Artist shall not be required to perform this engagement In such event,any monies heretofore paid shall be returned to the Purchaser and neither party hereto shall owe any further obligation to the other hereunder F. Artist reserves the right to cancel the Contract no later than days prior to the play date for any reason,by notice in writing to Purchaser. W1011 j 41o) (L� pck (jJq rtwncl� L j� y,a - 1 - I G. If,on or befom the date of any scliedtiled performance her'etmder,the financial standing or credit of Purchaser has been impaired or is i:rsatisfactory,Artist shall have the right_to demand pas rnent forthwith of the guarantaod compensation specified herein and if Employer fails or refuses to make surh payments forthwith,Artist shall be relieved of any further obligation for this trigagement and all monies received by Artst shall be returned and Artist shall not forfeit any other remedies available H. The Artist w l not accept the responsibility for any charges incurred by the Purchaser in supplrrt all Rider requirements including stageliar ds,overtime,trarepertation etc. 1. Purchaser agrees to contact The Rosebud Agency regarding any difficulties in meeting the;above contract or cedar requireaterlte. PAMEN"T AND'TICKYTING A. Unless otherwise shpulated,a deposit shall be made payable and sent directly to THE ROSEBUD AGENTCY in the form of a bank trawfer,certified check,c tes check,bank draft or money order,in US Funds,i}pon sig inn of Contract. , B. T,°contract calls for Artist to receive an admission percentage option or bonuses,Etrrchmer agrees that immediately upon completion of closure of box office,F=haser shall fum test vrith a full and complete JA IA accounting of admissions and ad&honal percentage monies a xpenses are not to exceed original budget w-itheut prior authorization from Artist's entative. Theba:ance,includngper=tageg,if applicable,is to be made in cash only,u pletion of performance.if the balance cannot be paid in cash, Purchaser willnot-ate on the face of contract. C Artist shall have the right to set a limit to the number of free admissions authorized'>yPurchaser. Purchaser agrees that at no io_!= will the number of house guests be in excess of twenty(20)Vvple. Seating for the purchaser comps should not ba at Immediate Jaat oP house. D. :here will bend change in tidcetprice or number of tickets sellable withwt thep9SgL ssioMof Rosebud Agency.E. Purchaser agrees to make available toArtst at no charge to Artist up to t .�j�oseats in thehouse(middle row center),fox Artists guests at the request of ArtisVs Representative. 3. SOU NM C�'CK_ /I�ARS A sound check/rehearsal will be required on the day of performnce. After the stage is set and all equipment is in operating order,the sound check/rehearsal should Iast no less than two(2)hours during which time Artist shall have the exclusive use of the stage and sound facilities. Sowd ! l check shall occixr prior to the opening of the house. Artist shal have the sole and exclusive control over the production,presentation and performance of engagement here=;lez. 4. Lori it LNG Purchaser will supply general lighting system with a qualified lighting technician available from load-in throughout the performance. Artist pr deis"warm lighting" iredi orange colors)with little'write light." 5. DRpSSiN ,R QM Purchaser will provide a clean,lockable,private dressing room large enough to comfortably accommodate seven(7)persons.Dressing room,shall be locked and Guarded wvnen Artist is on stage. Dressing room shall have mirrors and be well lit with heat and air conditioning as appropriate to provide corifortable room tomismrature Dressing room$mustbe accessible from toad into departure_ ?his area will be a non-smoking area for the Charlie lvlusselwhlte Lund. Please be sure that room is ready and catered for band's arrival w venue 6. 4 RITY Furchaser shall provide proper security to ensure the Safety of the Artist and Artist's egit_prn,_mt ataC times,before,during and after perfo:manoa 7. SL),1UNt]S T M Purchaser Swill supply a first-class soured systean,at no cost to Artist,uicluding: • 24 feet wide by'12 filet deep and lti niches high stage. If available stage does not meet these requirements,please call Artist's RepresRMative,The Rosebud Agency at(415) M-3456. A. House: A House ndxireg console with four(4)auxiliary sends. .y. •Two (2)HI quality reverb units and one(1)digital delay B. Monitors •Four(4)Monitor Mixes C. Mics Vocals and harmonica C,SM 58's •Amplifiers 3 SM 57's •Kick drum 1 RE-20,421,D12 or D112 • Snare drum 1 SM 57 •Floor and rack toms 3 RE20's,421's or SM 57's •Two(2) DI boxes with patch cable NOTE: IF BACKLINE IS REQUIRED ON CONTRACT FACE,PLEASE SEE ATTACHED BACKL NE RIDER FOR DETAILED INFORMATION Two(2) helpers for load in and load out,approximately thirty(30)minutes pnor to sound check and immediately following the close of the show until the load out is completed. The venue sound engineer should be available during load in and during entire show to assist Artist's sound engineer The venue's sound engineer will be responsible for monitor mixing during the entire show Two electric fans on stage to alleviate heat and 4gai:ettgsri o�kee qp5 All changes and/or removal of musical instruments,gear,sound equipment(microphones,monitors,etc.) and/or staging MUST BE APPROVED BY ARTIST REPRESENTATIVE Contact Joe James at 505-263-9740 or Henri Musselwhite at 707-857-3459, 707-322-8594 if there are any technical questions. 8. PARKING Purchaser shall provide parking space for two vans in close proximity and with direct access to the stage door when Artist is driving If artist is driving,purchaser shall provide SECURE parking for artist's 24'bus m close proximity to the venue There should also be parking with direct access to the stage door for unloading Please make sure there is adequate parking and alert artist's representative to any problems which you may anticipate regarding the above.9. CATERING Purchaser agrees to provide: AVet�L Dint nd- - Qan,, mnI Balanced hot meals for seven(7)persons,or a food allowance of$20 00 per person B includes entree,potato orrice,steamed vegetables,salad,bread and dessert Please no fried foods or pork, Purchaser also agrees to provide the following in the dressing room: • Assorted fresh fruit and dried fruit. • Five(5) six-packs of bottled non gassed mineral water or seven(7) large unopened bottles non-gassed mineral water •Two(2) Bottles of Pellegrino •Two(2)Bottles of non-carbonated bottled water ������ �A��Obt .T '^s2+-�yTp�� �porkedTenuurii-beer-.c_r� • Assorted soda, fruit juices, coffee and tea • Six (6)clean towels (bar towels not acceptable) • Deli tray with whole gram bread,cheeses,raw vegetables,etc. 10. HOTEL/AIR TRAVEL -IF SPECIFIED ON CONTRACT FACE �j t1��J SIito • Purchaser agrees to provide first-class hotel accommodations it cdt�t for s±�-{ ersons. •�-�?r"��e-docrblgroogi vnttr2-gt�cTen-size e s odd-i I cTiiig-srz�bed-( ussss-el-whites •-4 sirigl�rooms{.,'3_nnn=sarek�g-a�-d-srneking) • The hotel should be located near the venue in a downtown location The band wants to be near restaurants,shops and points of local interest IU • Hotel must have an elevator. • Be sure to guarantee the rooms for late arrival Artist prefers to use his owri agent-for-all travel-arrangements If stet;prembt�. . �ar-other arrangeinentswith-artist's-tanrmanageTgm-rjllefFe MussclWrii-fe 70`B5?--3459,^07-322-8594). Be , 3 � .r� 1 CtC KEN T WnSNINGTON CONTRACTOR SERVICES AGREEMENT between the City of Kent and Cherryholmes THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and R. Jere Cherryholmes, C/o Columbia Artists Management LLC located and doing business at 1790 Broadway, New York, NY 10019,212-841-9508 (hereinafter the"Contractors'). 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. Start Time/Duration/Stop Time: 7:30 p m./approximately 2 hours including intermission/9.30 p.m. Day, Date, Year: Sunday,October 28,2007 Event Location: Kentwood High School Performing Arts Center,25800 164"h 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 Hospitality: City will provide hospitality in dressing room prior to performance according to Contractor's rider (attached). Billing: "Cherryholmes" 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 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 it. COMPENSATION The City shall pay Contractor the total sum of$7,000 all-inclusive for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. Compensation will be paid, by City of Kent check, to R. Jere Cherryholmes on the day of the performance, no later than intermission. Ill. 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 protect 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: x CONTRACTOR SERVICES AGREEMENT- I (Under$10,000—Sole Perfoinser) Venue: City will provide proscenium theater Kentwood High School Performing Arts Center. Sound: City will provide sound system according to attached technical rider* Lights: City will provide general lighting according to attached technical rider.* 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 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 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. CONTRACTOR: CITY OF KENT: By �G��Z�1La B y s� na ure (signature) Print Name: I E� Pri Jeff Watling Its Its Director, Parks, Recreation and Community Services DATE: '7��10 (Title) DATE: 7 h- NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Ronda Billerbeck, Cultural Programs Manager City of Kent 220 Fourth Avenue South Kent, WA 98032 (telephone) (facsimile) (253) 856-5050 (telephone) (253) 856-6050 (facsimile) P1CInliOPM51CONTPACIN(mNelCwNac5{INAlSIGoneNanSeMcmNpeemeblVakaCOMra t Porlmre$mH G¢ CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000—Sole Performer) EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. i . r Please disregard any previous riders you may have received. Contract Rider This rider is hereby part of the contract between Cherryholmes (hereinafter referred to as"Artist")and G-1 of V-Mt kK ebrVitl '%'b'"(heretnafter referred to as"Purchaser"),contract dated The performance is scheduled to take place on the 2�1ti` day of D& "A in the year 2fb� at ke,VIAWOC kV1 -�VG-WJVLG in Gunn ,y�r kv� cek i The purpose of this rider is to facilitate the best perfoi mance possible The Purchaser should study this rider and make the necessary provisions contained herein Artist's management will make every reasonable effort to notify Purchaser of any changes Any difficulties,problems or proposed changes to this rider must be approved by Artist. 1 i THIS RIDER IS SUBJECT TO CHANGE BY ARTIST ONLY. i I PURCHASER SHALL PROVIDE AND PAY FOR THE FOLLOWING: s 1. Billine Artist to be billed only as "Cherryholmes" 2. Performance a) Artist reserves the right to approve all other acts on the bill, at least one week prior to the date of the perfoimance b) There will be absolutely NO tape recording, video iecordmg, photography or radio broadcasts during sound check or performance unless prior wr itten permission is 1 granted by Artist Representative c) All music played in the venue before, dui urg,and after the performance is subject to Artist's approval So Cherryholmes Contract RidCW1er The OeColumbia ArtistsManageManagementi i r February 2006 nrror uris fry hr r Prr/urnim�A.rt r Page 1 of 8 1 , 3. Payments Performance fee checks should be made payable to "R Jere Cherryholmes" Social Security #547-76-9985 4. Loaders Purchaser shall supply four(4) able-bodied people to assist with unloading and loading Artist's equipment, to be at venue 15 minutes prior to load-m time, and immediately upon completion of performance. Purchaser shall supply any additional loaders for sound and lighting equipment,as necessary 5. Transoortation ; Purchaser shall provide a runner with a reliable vehicle/van and knowledge of the area. For fly in dates,purchaser agrees to pay for all ground transportation to and from airport, hotel, and venue A 15-passenger van with two(2)backseats removed will be suitable I All transportation arrangements must be confirmed with production manager prior to engagement. This is to include all hotel and venue parking airangements. 6. Musical Instruments For fly in dates, pure o su p y a /4 bass, American Standard,Kay (old),or King preferred, with steel ngs—Tomastik Spirocore or equivalent—and adjustable height bridge 7. Technician Purchaser shall provide one(1)experienced audio technician for front of house,to be available from load in until the end of load out Artist does NOT carry their own technician. i i 8. ecurit Purchaser shall ensuie that adequate security will be in place to protect Artist 'Ttih-=-__==- include security g ' 9. Parking Purchaser shall airange for secured parking near the venue, at no cost to Artist,for one tour bus(45 feet long, 15 feet high) Arrangements should be made for shore power for the tour bus. If this is not possible,the bus will be ! iurining an on-board generator 10. Dressing Rooms Purchaser shall supply two(2)large,clean, lockable dressing rooms Each should be , equipped with a washroom (toilet,sink,mirror) and shower, power,lights, and heating/air conditioning prv- 6)y-essl riTOM VVlJiA ` vVq S-Q,paylk Ch I Cl{�QS S I i C ��1� 1 ✓ Cnlwnb,a Arnett ManagemeManagementn Chenyhohnes Contract Rider l,,((�1��'•jj jj Thr C�enrne So, [,/o,Ihr Nnfarunu;,M6 February 2006 Page 2 of 8 t t Each dressing room will require the following: - 2 full length mirrors - 6 large sized towels - 3 hand towels - 3 wash cloths - 1 ironing board 1 iron 2 garbage cans Dressing rooms shall be located in the same building as the performance and be accessible to the stage without passage through any audience or public area. The keys shall be in the possession of Artist from the time of load-in until final departure from the venue ; 11. Accommodations r If mutually agreed upon,three(3)hotel rooms (with two beds eai , located next to or across from each other)will be required m a reputable cha e (i e Crowne Plaza, Holiday Inn,Sheraton) only—absolutely no billeting,no private s,no bed and breakfasts,no cottages or cabins Accommodations shoul as close to the venue as possible and shall provide full services(re—24 hour fax and 1 copying) Hotels with high-speed internet access, preferably wit eless and free of service rges,are preferred Must also be within walking distance of a high quality restaurant 12. Sound Check Purchasei agrees not to open venue doors for public admittance until obtaining consent from Artist that sound check has been completed Artist will require at least two(2) hours after stage set-up for sound check 13. Tickets &Passes �D �Q�� Purchaser will providex5 tickets to the performance, at no cost to Artist Artist shall have full control of distribution of all passes with access to backstage areas Promotional tickets beyond 15 allotted to Artist must be requested in writing and approved by Artist or Artist's management Unapproved promotional tickets will be counted as "sold" tickets in final ticket Count f 14. Merchandise Artist and/or their representatives shall have the exclusive right to sell and distribute their merchandise at and around the venue The Purchaser shall not be entitled to and shall no recen,e any portion of the sale of said merchandise 2 ,� of I I 0 v ers e en Tg c "ar d"eetilatin out=tif ]a 1 merchandise Purchaser and/or vei s-that these individuals-are first and foremost employees of the ve un e, and heaac-easscxires-rrsponsibillty fur their actions or inactions.----- ---__ I i Columbia Anu,.Management ur CherryhulrnesContraM Rider 1 TM1r G enrn a Source fin M,Prr/m.nuq 4nv February 2006 Page 3 of 8 I I s I a 15. Recording and/or Videotaping,Radio or Television Broadcast In all cases,only with written consent from Artist's management can this be done Any broadcast footage must be approved where possible. Performances will be recorded by artist, for artist use only_ 16. Hos itali Must be available for Artist upon arrival: - 12 bottles of water - coffee with cups, cream, and sugar - hot water for tea - assorted herbal teas - small fresh fruit tray - small veggie tray with dip Meals requirements for Band and crew- - hot meal to be provided in dressing room or greenroom at venue - buyouts ok (with advance notice) - meal to be either.lasagna with French bread and salad, of i oast beef or chicken with fries orbaked potato,beans, and salad(dressings-ranch,thousand island,honey mustard) - 12 assorted 100%juices (orange,pineapple, grape, apple) - no barbeque or fast food,pizza or cold cuts - no soda -Band prefers to have meal either immediately preceding or immediately following sound check depending on sound check and performance times I I i i "MICherryholmes Contract Rider II �/j Col nmbrn AruSh M.maeemenl Febrwr 2006 TIm Gurrn,Sonrce fn the Ferfo rrwng Co y Page 4 of 8 PRODUCTION REQUIREMENTS 1. Staging A level,solidly-constructed and reinforced stage large enough to comfortably hold both Artist and equipment is required If the stage is carpeted, on concrete, or has an uneven surface,Artist requires plywood dance area to be laid out on stage(see below). Step Dancing Area: - Must be level flat surface,free of any hindrances,bumps, or impeifections - CEMENT WILL NOT SUFFICE - Area directly behind microphones to be wooden and uncarpeted, totally wooden stage with no hindrances, bumps, or imperfections will suffice - If stage is carpeted, 16' x 4' surface of 3/a"birch plywood-interior cabinet grade quality,sanded and smooth with no knots on one side-should be well secured to the floor,side by side with no gaps,placed directly behind microphone area of the stage 2. Lighting - 48K lighting system, to include 3 color back wash, and 6 front/top o/w area specials - Cyclorama with black scum is the ideal backdrop;if not available, black curtain drop is acceptable. - 1 x 48 channel 2 scene lighting console - Moving lights ai e welcomed and appreciated if within budget. 3. Sound Equipment - The PA should be capable of reproducing full frequency audio and covering all areas of the audience. System should include subs,front fill, and delay fill as required - A high quality console with a minimum of 12 inputs and sweepable EQ is required - Processnng rack to include 31-band and/or pai ametnc equalisation for house system,one high quality reverb unit, and at least two(2)channels of compression - A selection of mici ophones-as backup to Artist's kit, plus at least one SM58 as a spare/MC microphone - adequate cabling to patch the system, and all Artist's inputs and in-ears For ground/bus dates, Artist will provide- - A discrete monitor console with a minimum of 12 inputs and four(4)mixes , - 12 channel sphtter/snake wish tails to feed the monitor console on stage - microphones- two (2)Shute KSM44, one(1)Shm e KSM137,one(1)Shure clip-on Mmilav - six (6)tall boom stands - in-ear monitor-6 Shure PSM700 systems For fly in dates, PURCHASER M E ALL OF I HE ABOVE EQUIP T. NOTE:Artist carries 6 PSM700 systems These are to be fed from the venue's monitor desk. Artist accustomed to"sharing" mixes with the I'SMs-they each take a mic-heavy mix, and a bass-channel heavy mix, and combine them with the MixMode feature However,if full-service production is available, please setup the PSMs on six (6)pairs of stet eo mixes for full control(12 mixes total) Cherryholmes Contract Rider The _Columbia A Managemenr u.[ February 2U06 Grnrn r Sw,r(o,e fa the Prr(urrrnrrp A,u Page 5 of 8 THE PURCHASER'S INDEMNIFICATION The Purchaser shall indemnify and hold The Artist harmless from and against any and all liability,claim, demand,costs, expenses, losses and damage(including reasonable attorney's fee) arising out of any breach of their Agreement by The Purchaser or in connection with any performance rendered or to be rendered by The Artist during this event(unless same is caused by the tortuous conduct of The Artist or any employee or agent of The Artist) The Purchaser represents and warrants that it presently caiiies proper damage and liability insurance (no less than tcrw million dollars) with sufficiently high limits to adequately insure against the risk assumed and the obligation undertaken by The Purchaser under this Paragraph and will obtain a certificate of insurance adding the Artist to the Liability Policy as additional insured's Proof of the insurance shall be copied to the Artist no less than fourteen (14) business days prior to the Performance Such policy or policies shall be issued by insurance companies license to do business in the jurisdiction of the engagement The Artist and Company shall not be liable or responsible for any act or omission to act by the Employer RIDER ADHERENCE AND DISSEMINATION: No deletions,additions,or substitutions to this document will be accepted unless counter-initialed by artist signatory Purchaser hereby guarantees that this tider will be adhered to and that these documents will be dish ibuted exactly as is (or as corrected and approved) to the appropriate technical and administrative personnel at the theater as contracted. AGREED TO AND ACCEPTED: BY: FOR. DATE: f 7 1 f Mail a einent gliatui at ('Y(�I(� TL<CreColumbia ArusL.Meuagement i i 4 Cherryholmes Contract Rider bebruary 2006 �.(]��'j mn,e5aweeJwJeNnfen�nigd�r, Page 6 of 8 s '