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HomeMy WebLinkAboutCAG2008-0747 - Original - The Dallas Brass, Inc. - Spotlight Series - 03/31/2008 Records Manag' emen KENT Document W PSMINGTON 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: Ale UOJIOLS Br ss J4/1 . Vendor Number: JD Edwards Number Contract Number: ( ? -Q77 This is assigned by City Clerk's Office Project Name: cvr HfQh-E- �SeKeS A009-1 AV IJ Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 3-31-08 Termination Date: 2— )3- M Contract Renewal Notice (Days): q d Number of days required notice for termination or renewal or amendment J Contract Manager:Rpnda. Department: Barks - GUI�Idru.I f3iftrbeck Detail: (i.e. address, location, parcel number, tax id, etc.): S Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 -.000,0". 000000** KENT Wn I h'iNG10N CONTRACTOR SERVICES AGREEMENT between the City of Kent and The Dallas Brass, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and The Dallas Brass, Inc., a Texas corporation, located and doing business at 4321 Clemson Drive, Garland, TX 75042, (972)276-7388 (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/Duration/Stop Time: 7 30 p m /approximately two hours including one intermission/9 30 p m Day, Date, Year. Thursday, February 12, 2009 Event Location: Kentwood High School Performing Arts Center,25800 164rh Ave SE, Covington Educational Outreach: Contractor will present one student clinic (60 minutes) and one high school rehearsal (approximately 75 minutes)on Thursday, February 12, 2009 Students will be incorporated in the evening public performance Times and locations of educational outreach activities are TBD 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 seven (7)hotel rooms on the night of Thursday, February 12, 2009 as specified in the attached rider* Meal(s): City will provide a meal and refreshments for seven (7)as specified in the attached rider.* Billing. Dallas Brass "American Musical Journey" 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 12, 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. Other: Artists will greet patrons in the lobby after the concert *The attached nders are 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 $7,500 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$1,875 00 will be paid, by City of Kent check,to Dallas Brass, Inc (Federal Identification No 75-2176681) upon complete execution of contract The balance of$5,625 00 will be paid, by City of Kent check, to Dallas Brass, Inc on the day of the performance III. PRESS MATERIALS. Contractor agrees to provide to the City where appropriate, at his or her own expense, complete press materials, including hard copy or high resolution electronic photographs, biographic descriptions, and program materials, not less than six (6) weeks prior to the initial event date for the City's use in CONTRACTOR SERVICES AGREEMENT- 1 (Under$10,000—Sole Performer) 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 Venue: City will provide proscenium theater Kentwood 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 nders are 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. 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 CONTRACTOR SERVICES AGREEMENT-2 (Under$10,000—Sole Pei former 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 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 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 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 1. 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 shalt become effective on the last date entered below. CONTRACTOR: CITY OF KENT: B . By (s nature) (signature) Print Nam �wt dY ,P `l '' Print Name Lori Hogan Its cl--6L-e uah (kiy V Its Superintendent, Recreation and Cultural Services, (Title) Parks, Recreation and Community Services DATE 1 l 2LQ,8 ,f Ttle) DATE �Gf/1 �24u� NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: �] 6 tj � 4? S9 Ronda Billerbeck, Cultural Programs Manager —n 1G a ye ,%Lt3 City of Kent 220 Fourth Avenue South f l' Kent, WA 98032 (telephone) (facsimile) (253) 856-5050 (telephone) (253) 856-6050 (facsimile) CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000-Sole Performer) EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. l 3 Hospitality Rider revised November 2007 Meal The Dallas Brass requests a hot meal for seven (7), ninety (90) minutes prior to the concert This hot meal should be catered to the concert venue The musicians prefer a hot, light meal Two of the meals need to be vegetarian (if red meat is being served, please provide an additional vegetarian meal) Please provide a variety of beverages for the musicians throughout the day They prefer bottled water, fruit juices and Diet Pepsi LodglmQ The Dallas Brass requires seven (7) non-smoking hotel rooms (when possible 2 double queen beds) in one of the following hotels (or equivalent) Hampton Inn, Holiday Inn Express, Comfort Suites, Country Inn & Suites, Marriott, Hyatt High speed Internet, laundry facilities and complimentary breakfast are appreciated. If you have any questions please call the Dallas Brass Production Manager, Dwight Sump at 319/321- 7384 or Dwight�dallasbrass comcom - 3 - 1 TECHNICAL RIDER - ' [Concerts with Student Participation] revised: November, 2007 1. Drum Platform One (1) 8'x 8', 16"- 24" high, skirted, with rug/carpet Platform should be center stage with the front edge 16' feet back from edge of stage (see Stage Diagram) • AC power is needed at front of drum platform 2. Music stands Nine (9) black, Manhasset style stands (In addition to stands for the students) 3. Direct access to house from stage Either steps or ramp, preferably on stage left and right 4. Tables Two tables, or other suitable flat storage place, in wings of the hall (for cases and equipment) These should be near the dressing rooms One table in the lobby to be used for merchandise sales (More information on merchandise in section 12.) 5. Additional Risers Stands Chairs, Percussion Equipment See STUDENT PARTICIPATION ADDENDUM. 6. 2 Dressing rooms Two (2) rooms (one room —for 5 people and one for one person) containing chairs, counter space, mirrors and place to hang clothes Restroom facilities are also required If restrooms are outside the dressing rooms, they must be reserved for Dallas Brass only - notto be used by the public or students Signs indicating "DALLAS BRASS" need to be placed on dressing room and restroom doors 7. Sound Dallas Brass is essentially "acoustic" Occasionally, in large or dry halls some ambient amplification may be needed Generally, this is done with 4 to 6 condenser macs (AT4041, AKG451, SM81 or equal) all on tall boom stands Occasionally, a mic is used on the drum kit as well The following is needed for ALL concerts- A. House speakers — If house sound comes from a cluster above the stage, it is requested that a fill is added with additional speakers on stage B. Microphones NOTE. Dallas Brass travels with a wireless microphone for concert narration. The following macs need to be provided. • One (1) mic (wired or wireless) withstand (SM58 or equal) —for solos • One (1) mic in control booth for introductions C. CD Player—for playback of pre-concert and intermission music Dallas Brass will provide CD D. Two (2) monitors — are to be placed down center, at least 12 feet from center • Monitor feed Talk mic, solo mic 9. Lighting Dallas Brass will utilize the house lighting system Preferably, the Dallas Brass Production Manager will operate the light board All lights should be hung, gelled and focused prior to Dallas Brass arrival Some adjustments might be necessary upon Dallas Brass arrival - 4 - Note to public schools and churches It is understood that it is not always possi ble to accommodate the following lighting specs. Presenter is not expected to incur additional costs to bring in lighting Following are basic lighting requests: A. Specials • Drum special (from front and above) It is important that this special be focused so that the drummer's face is fully lit when he stands • Downstage center special (from front and above) Minimum pool 6' in diameter, centered 4' from the downstage edge • (Optional) Downstage left and right specials (lit from front and above) B. Basic wash. • The basic wash, should be focused on Dallas Brass area (24 x 16 ft ) and the adjacent drum platform (8 x 8) (See Stage Diagram) When the students perform, the entire stage area must be brightly lit. • Please mix some reds, blues, greens, yellows into general wash It reflects nicely off the brass instruments • Plenty of overhead and front lighting C. Red and Blue Washes. If instruments are available, a red and a blue wash will be appreciated D. Cyc. If you have a well-lit cyc, it will be used for the show (Colors red, blue, and green) If a well lit cyc is not available, the black, back traveler will be used 10. Shell Generally, a band shell is only used in gymnasiums. 11. Crew A. Sound Tech. All sound should be ready to use upon arrival of Dallas Brass, as it will be used for daytime clinics and rehearsals Final concert sound check should take place 30 minutes prior to opening of house 8. Light Tech — should be available if adjustments to focus are needed. C Load-In/Load-Out. At least one (1) stagehand to assist with Dallas Brass "load-in" upon arrival and "load-out" after concert Other assistance may be needed if daytime sessions are in different locations D Stage Hands & Techs During Performance 1 4 persons should be made available to a Strike chairs and stands after rehearsal, and after the performance The chairs will need to be reset during intermission b Assist when students take the stage 2 Light Tech and Sound Tech available for performance Dallas Brass production manager will operate the light board if permitted Stage must be preset before arrival of Dallas Brass: drum riser/rug, sound system, stands for Dallas Brass, stands/chairs for students, choral risers, and lights. (see STUDENT PARTICIPATION ADDENDUM). The stage should look like the attached photo. 12 Merchandise One or two tables in lobby to sell Dallas Brass merchandise (CDs, T-shirts, etc ), as well as one or two salespersons Sales will occur primarily at intermission and after the performance Pre-concert sales occur on occasion - 5 - DRUM SET Generally, Dallas Brass travels with a full drum kit. In certain cases, and particularly for clinics held away from the primary performance venue, a drum set will be required Once it is determined that a drum set is needed, drum specs will be sent PHOTOGRAPHY Please encourage the schools to have a competent (perhaps professional, or skilled amateur) photographer on hand to shoot lots of pictures throughout the day These can be used in a variety of ways, including WEB sites, other PR needs, school newspapers, yearbooks, and souvenirs for students Dallas Brass would also be interested in obtaining select shots to incorporate onto the Dallas Brass WEB site Audio and video recording is only allowed during the pieces in which the students are playing. Thank you for helping us make your event the best it can be! Please direct all questions and communication to: Dwight Sump, Production Manager (319) 321-7384 / Dwight(a)-dallasbrass com - 6 - Stage View y ..� � r ,�„ .. � •tom � : +lr..� �-.- i° t w. k r r �5y� Dallas Brass Student Participation Stage Diagram choral Student Percussion 1 choral How risers (same height as DB drum platform) J Trumpets Trombones Baritones Students standing 0'"'111,Brass Students a n tading on floor cl � on floor e'zB e'-2G""g 1 -- ---- -- - --- - - - - - --- --- -I - - - - - - - - -- -- - - -i Flutes,Oboes&Horns 1 1 Mrinets, !ow Reeds i ' seated 1 1 1 ' seated w � 1 Diallas Brass ' ensembls ° . 1 241 1 abli monitors - --- --- --- - - - -- - - - ------- Note. Student positioning is flexible- Saxes, double reeds, home, euphoniums and tubas will either be seated along with flutes and clarinets or will be standing on stage floor in front of choral risers 16 x 24 foot Dallas Brass area, plus drum riser need full lighting when students are not on stage 8 STUDENT PARTICIPATION ADDENDUM A. STUDENT COORDINATOR. Someone should be designated to coordinate and organize the students Details such as a room for students to put cases and to warm-up, where they will sit, etc should be worked out ahead of concert day B. CONDUCTOR. If Star Wars is to be played, a local Band Director needs to be assigned to conduct the piece C. SET-UP. Assistance from directors/teachers is needed to determine the stage plan for the student pieces and to set-up the risers, platforms, percussion equipment, stands and chairs, as needed This, of course, will need to happen prior to first rehearsal Some assistance should be available during the concert as well D. STUDENT WARM-UP ROOMS. Students will need a place to store cases, warm-up, etc Other than during the rehearsal workshops and performance students should not be on stage or in the immediate back stage area E. PLACEMENT ON CONCERT. Assuming there are two groups performing, the middle school will play at the beginning of the 2nd half so those students can take their places on stage at intermission Following the middle school piece, the Dallas Brass will play a piece as the students leave the stage and take their seats in the auditorium The high school students will then take their places on stage to play the next piece If there is only one student group performing, they will be the first piece after intermission All students should get their instruments at intermission and have them during the second part of the concert F. PROCEDURES. 1 It is suggested that students arrive 30 minutes prior to start of concert to put instruments in warm-up room and get situated 2 ALL students should be seated in the audience for the entire concert Dallas Brass suggests the students be seated down front We believe this has a greater impact on their involvement in the show 3 Cases should be left in the warm-up room 4 There must be NO playing of instruments in the auditorium at intermission 5 After the middle school students play, they will leave the stage and go directly back to their seats in the audience (they will need to hold their instruments for the remainder of the program) Large instruments (like tubas) can be left backstage or in the pit area High school students need to hold their instrument throughout the 2nd half of show They will come up on stage directly from the audience at the designated time G. DRESS. Middle School Nice slacks, shirts, skirts, etc No jeans; sneakers, etc. High School Same as above or band uniforms H. SAFETY OF DALLAS BRASS INSTRUMENTS. With up to 200 students on stage at one time in rehearsal and performance, it is extremely important that students stay clear of Dallas Brass instruments, this should be emphasized to the students by their directors I. RISE RlPLATFORMS. Other than flutes and clarinets, most students will stand to perform, except for those who need to sit (i a tubas, bassoons) Choral risers are used in the back for brass, along with additional platforms for percussion These platforms/risers are in addition to the Dallas Brass 8' x 8' drum riser See Stage Diagram J. Student Percussion. All student percussion equipment should be at the performance venue before the Dallas Brass arrives This is done to maximize the amount of time the students have with the Dallas Brass 9