HomeMy WebLinkAboutCAG2007-0847 - Original - The Tennessee Three - Spotlight Series: Johnny Cash's Legendary Tennessee Three - 09/07/2007 ageme
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KENT Document
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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: Time,
Vendor Number: ID Edwards Number p
Contract Number:_ 7 1�--07- Z' J !
This is assigned by City Clerk's Office
Project Name: �Do�Iight Seh:es
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other: -} Q
Contract Effective Date: $ �' [ Termination Date: �— q +d p
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Department: �Park5 "` CU.J+V r6lL,'
&terbecv..
Detail: (i.e. address, location, parcel number, tax id, etc.):
S•Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
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�KKENT �
WAS NIM1 GTON ',,�y��y CONTRACTOR SERVICES AGREE ENT
between the City of Kent and
Tennessee Three
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and Tennessee Three, c/o Paquin Entertainment located and doing business at 395 Notre Dame Avenue,
Winnipeg, MB, R3B 1R2, Canada (hereinafter the "Contractor")
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City-
Description- The Tennessee Three will present one public performance as part of the Kent Arts Commission's Spotlight
Series
Start Time/Duration/Stop Time: 7:30 p m./90 minutes + approximately 20 mute intermission/9 20 p m
Day, Date, Year: Friday, February 8, 2008
Event Location: Kentwood High School Performing Arts Center, 25800 1641h Ave SE, Covington, WA 98042
Merchandising: Contractor shall have the sole and exclusive right, but not the obligation, to sell merchandise directly
pertaining to and/or bearing the likeness of Artist, inclusive of compact discs, at the performance
Contractor must provide all sales staff and will retain 100%of sales revenue.
Lodging: City will provide five (5) hotel rooms for the night of February 8, 2008
Hospitality: City will provide hospitality in dressing room prior to performance according to Contractor's rider
(attached)
Billing: "The Tennessee Three and/or Johnny Cash's Legendary Tennessee Three" 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
II. COMPENSATION. The City shall pay Contractor the total sum of $7,500 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 $750 00 will be paid, by City of Kent check, to Paquin Entertainment upon complete
execution of contract The balance of $6,750 00 will be paid, by City of Kent check, to Contractor 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
manager, and box office staff and any additional services and personnel as required by the City, for the efficient operation
of the engagement Other arrangements will be the responsibility of the City and Contractor as follows below
CONTRACTOR SERVICES AGREEMENT- I
(Under$10,000—Sole Performer)
Venub: 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
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 requlations of public authorities, civil tumult, stake, epidemic or any other cause beyond the control of
eifher �a v In the event of a failure to perform asprovided-in this section, ne+ther_pagy shall be liable for the balance of
the Agreement.
XI. MISCELLANEOUS PROVISIONS.
A. Discrimination In the performance of work under this Agreement or any sub-contract, the Contractor
shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory,
mental, or physical disability, discriminate against any person
B Recyclable Materials Pursuant to Chapter 3 80 of the Kent City Code, the City requires its Contractors to
use recycled and recyclable products whenever practicable A price preference may be available for any designated
recycled product
C. Non-Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants
and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more
instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the
same shall be and remain in full force and effect
D Resolution of Disputes and Governing Law This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim
arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim,
CONTRACTOR SERVICES AGREEMENT-2
(Under$10,000—Sole Performer)
shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King
County, Washington, unless the parties agree in writing to an alternative dispute resolution process In any claim or
lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and
attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided
by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under
Section VI of this Agreement
E Written Notice All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder
shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be
deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may
be hereafter specified in writing.
F. Assignment Any assignment of this Agreement by either party without the written consent of the non-
assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms of this Agreement
shall continue in full force and effect and no further assignment shall be made without additional written consent
G Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be
binding unless in writing and signed by a duly authorized representative of the City and Contractor
H Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such
statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this
Agreement All of the above documents are hereby made a part of this Agreement However, should any language in
any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement
shall prevail
I. Compliance with Laws The Contractor agrees to comply with all federal, state, and municipal laws, rules,
and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and
personnel engaged in operations covered by this Agreement or arising out of the performance of this Agreement
IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date
entered below.
CONTRACTOR: CITY OF KENT:
By By.
r(sig ture) (signature
Print Nam //� 0/`� Prin a Jeff Watling
Its Its Director, Parks, Recreation an Community Services
r/ (Title)
DATE DcS - /n — Q -7 (Title)
DATE: ` 1 7 01
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
,'06 -,14N6 Ronda Billerbeck, Cultural Programs Manager
_ N 00Cf City of Kent
nI . Ita.-/-„, T.✓, 47o (o (v 220 Fourth Avenue South
Kent, WA 98032
(,QIS- f�'7S - /�,/7 S� (telephone)
(253) 856-5050 (telephone)
(253) 856-6050 (facsimile)
P KINKOWA31COMRRCTV(BnWelGMhetlbFINL3MmwXa„F%MUYpwMnbWOM1aGhetlFNlVnbr&MAhC
CONTRACTOR SERVICES AGREEMENT-3
(Under$10,000-Sole Performer)
EXHIBIT A MENT5
INSURA IS & INDEMNITY REQUR IE
No Insurance is required for this Contract.
Show Rider
THE TENNESSEE THREE
1) Sound system with sound person.
2) Entrance to stage MUST be well lit, or a stage hand with a
flashlight should be made available to escort artist on/off stage.
3) Two stage hands for carrying instruments, etc.
4) At least four(4) vocal microphones.
5) Lighting system w/ operator.
6) Two (2) Fender Twin Reverb amplifier (no substitutions) &
Trace Elliot bass amplifier (or similar quality).
7) Two D.I. Boxes for bass guitars
8) Drums and Riser (left handed player set-up)
a. 20 in. bass drum
b. 8 in., 12 in., 14 in. toms
c. 16 in. floor tom
d. 2 symbols (both 20 in.)
e. 1 crash
f. 1 ride
g. 2 toms mounted on bass drum and
h. 2 toms mounted on stand (4" & 811)
i. 1 foot pedal
j. 1 snare drum
k. 1 high-hat
1. 1 stool
m. 1 drum riser where possible
9) Five (5)Double hotel rooms at a national chain. All rooms non-
smoking.
10)One full meal per day, per person(for up to 10 people) or buyout
of$25 per person per day.
11)Sealed Dasani brand bottled water, cups and ice back stage with
assortment of Cokes, Dr. Pepper, diet Dr. Pepper, coffee, and a
few bags of assorted chips
12)ONE Fruit tray.
13)ONE Assorted Sandwich tray.
14)2 dressing rooms (one male and one female) when structure
permits.
15)ARTIST will perform for approximately one to one and a half
hours. ARTIST may hold a "meet and greet"at their option.
16)Top Billing on all promotion and flyers as "The Tennessee
Three" and "Johnny Cash's Legendary Tennessee Three"with
band name in larger point size or contrasting color.
17)Introduction by MC as "Ladies and Gentlemen, Johnny Cash's
Legendary Tennessee Three". See below for full specifications.
18)No Johnny Cash "tribute" or cover bands on the bill the same
night. No other acts are to play any Johnny Cash songs.
19)No audio or video recording of the show without prior written
approval. Standard still cameras are allowed. Copies of any
approved recordings are to be made available to ARTIST within
30-days.
20)20 additional guest lists spots/tickets to be made available for
guests of ARTIST.
21)Merchandise/meet & greet table with a light& 5 chairs to be
provided, location to be agreed upon and approved by ARTIST.
22)All foreign work visa's are to be provided by promoter/buyer
where required.
23)21-and-up venues must provide a permit for one minor to sit at
the merchandise table.
24)Sound check to be performed one hour prior to doors opening.
PRESS:
The Tennessee Three will make a best effort to make themselves available to press
and media prior to and including the show date based upon their availability. Press
conducted in the host city should be scheduled prior to sound check as there is no
morning press availability with the exception of Live national or regional television.
Promoters are strongly advised to schedule interview opportunities with ARTIST in
advance of the show to promote ARTIST appearance. All press is upon agreement
and approval by the band.
INTRODUCTION SPECIFICATION:
-Prior to performance, emcee announces, "The Tennessee Three's new CD and
other items are available at the merchandise table throughout the performance."
-Lights lower.
-Emcee announces, "Ladies and Gentlemen,Johnny Cash's Legendary... The
Tennessee Three!"
-CD Plays (The band provides CD with a musical intro, CD player should be tapped
into house sound and controlled by sound person.)
-Band walks out on stage as intro plays
-When CD intro ends, lights go up and bands begins to play live
For "Employer"
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Print Name Date
3 The Tennessee Three - Stage Plot
MP W.S. o
Drums
0
Lisa Vocal mic
Bass on Boom Drum Riser
1/4" D.I.
A AMP (*ocal'mic
Monitor
i
Scarlett = Bob
Vocals Guitar
ocal mic Vocal mic
on Boom on Boom on Boom
Monitor Monitor Monitor
Stage
Audience
Stage and Sound Requirements
SOUND COMPANYNENUE will supply the following
-Two Fender Twin Reverb guitar amps
-Trace Elliot bass amp
- suitable vocal macs (Shure SM58 or better) on boom stands for the four (4) vocal mics,
- a mic (Shure SM57 or better) and stand for the Lead Guitar amp,
- a 12-ft 1/4" cord for the rhythm guitar D.I.
- cord for bass amp-out,
- applicable drum macs & stands (see rider),
- the remaining cords, soundboard mixer, equalization, amplification and speakers for sound
reinforcement and stage lighting appropriate for the venue
Please note- This is a standard file form. If you have any questions or require alterations to this stage
plot, please contact us. Thank you' ROCK IT BOY ENTERTAINMENT * 604-720-2256
rob@rockitboy com
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