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HomeMy WebLinkAboutCAG2008-0746 - Original - The Capitol Steps - Spotlight Series - 08/18/2008 Records M 'griagemenO KENTDocument W A9HINGTON 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: Th-e Vendor Number: I � JD Edwards Number Contract Number: f ltbg -,q77 This is assigned by City Clerk's Office Project Name: dOt�l a ht �en:es Description: ❑ Interlocal Agreement ❑ Change Order [] Amendment ® Contract ❑ Other: Contract Effective Date: 1 ' 05 -0$ Termination Date: Contract Renewal Notice (Days): RD Number of days required notice for termination or renewal or amendment Contract Manager: Ronda Department: parks- C-4.44urxJ AlivbaK Detail: (i.e. address, location, parcel number, tax id, etc.): 5•Publfc\RecordsManagement\Forms\ContractCover\adcc7832 1 11108 i' KE 0 T Wn5.1.GTG'I CONTRACTOR SERVICES AGREEMENT between the Cyy of Kent and The Capitol Steps (C/O Producers, Inc THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and The Capitol Steps c/o Produ rs, Inc)located and doing business at 11 . 56 h St., Tampa, FL 33617- 1652 (hereinafter the "Contractor"), Cd1l�✓a_uov f�j C I. DESCRIPTION OF WORK. 9m 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: Sunday, September 21, 2008 Event Location: Kentwood High School Performing Arts Center, 25800 16, `h Ave. SE, Covington 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 Sunday, September 21, 2008 Hospitality: City will provide a food and beverages (Details to be advanced with artist representative at least two weeks prior to the performance date) Billing: "The Capitol Steps " 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 �y,b(I(141A rs Exclusivity: Contractor shall not appeaeneral Seattle/Puget Sound market, including King, Pierce. Snohomish and Kitsap Counties, within two-months before or after September 21, 2008, with the exception of venues previously discussed and mutually agreed upon, including Kirkland Performance Center in Kirkland,W House seats: City will hold ten (10) complimentary house seats for Contractor, to be release 24 hours prior to curtain if not notified by Contractor *The attached rider is part of this agreement Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed If. COMPENSATION. The City shall pay Contractor the total sum of $10,500 for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement A 50% deposit of $5,250 00 will be paid, by City of Kent check, to "Producers, Inc f/c/t (for credit to) The Capitol Steps" upon complete execution of contract The balance of $5,250 00 will be paid, by City of Kent check, to "Capital Steps Productions, Inc " (Federal Tax ID#54-1 41 1 593) a half hour prior to 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 - 1 (Under$10 000-Sole Performer) jawswt 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 narties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: WIU44Ai By �] By: {sig atur (signature) Print Name / PnQNe L n �xttt' (� _Its rd L2 V Its ��t2n�_*recreation and Cultural DATE `I a761Pa / DATE O NOTICES TO BE SENT TO: NOTICES TO RO SE 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) PGnlFORlASrOONTR9CTV(nWgConrrxla-FINALS'Foneullenl5enicesAgreemmis'PuksConoxl PrlcmiarSmwl Eec CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000-Sole Performer) t � PRODUCERS, INC. 20080417 4209 302 In reference to the AGREEMENT made as of April 17, 2008 by and between Capitol Steps Productions, Inc (represented by PRODUCERS, INC ("Agency") 11806 N 561h St , Tampa, Florida 33617-1652) and City of Kent ("Presenter")with regard to Presenter's presentation of The Capitol Steps ("Artist") at the venue described herein, on Sunday, September 21, 2008 to which this document is attached and made a part thereof, the parties hereto agree as follows The total guarantee to Artist for the engagement covered by this AGREEMENT is $10,500.00 , and includes a commission to Agency of$500 00 as a payment due Agency from Artist toward the services furnished to Artist by Agency, plus the fee stipulated on the attached Capitol Steps Agreement Presenter will issue a payment to Agency at the above address payable to "Producers, Inc f/s/o ( or service of) Capitol Steps"as follows $5,250,00 no lateqn 1, 2008 I.k,pVV\, Final Payment(cash or certified check} r/�'�� �( � make check payable to`Capitol Steps ZU ns, Sunday, September 21, 2008 $5,250 00' and deliver to ARTIST Y2 hour prior to the performance Such payment, will be credited to Presenter for the engagement herein and applied toward payment of the total guarantee as stated above, subject to all the terms contained herein For the purposes of this engagement, ARTIST and PRESENTER hereby appoint AGENCY to represent them as agent for the dates covered by this Agreement It is expressly agreed that Agency acts herein as Artist's agent and is not responsible for any act of commission or omission on the part of either Artist or Presenter Agency is acknowledged to have fully performed its obligations upon the commencement of this engagement It shall not be liable for the default of Presenter or the non performance of Artist However, in the event of cancellation by ARTIST, AGENCY will be granted the right to attempt to provide a comparable artist, acceptable to PRESENTER No member of Artist's entourage is an employee or agent of Agency All taxes levied by government authority(except Federal income taxes) and any fees levied upon the hall or Presenter by sources not a part of this agreement are the sole responsibility of Presenter Artist is to net the fee stipulated in the Basic Agreement If tax withholdings are required by local authority, Presenter will adjust Artist's fee to insure the net payable to Artist equals the fee stipulated in the Basic Agreement herein AGREED Ms Ronda Billerbeck for City of Kent Producers, corporated Page 1A Producers, Incorporated 11806 North 56" Street, Tampa, Florida 33617-1652 NOTE If your state requires state income taxes to be withheld, the entire withholding deduction is to be taken from this payment ` AGREEMENT 210 North Washington Street • Alexandria,Virginia 22314 Tel: (703) 683-8330 • Fax: (703) 683-S912 • www.capsteps.com Federal ID # 54141 1593 1)THIS IS A CONTRACT between Capitol Steps Productions, Inc, hereafter called"CAPITOL STEPS,"and CITY OF KENT, hereafter called"PURCHASER" CAPITOL STEPS PRODUCTIONS, INC is authorized by license to contract for and present a musical political satire show under the trademark name"Capitol Steps" 2) CAPITOL STEPS PRODUCTIONS, INC will provide PURCHASER with a"Capitol Steps"performance of approximately 80 minutes duration,to be presented on Sunday,September 21,2008 The performance will begin at approximately 7 30 PM,at the Kentwood High School, Kent WA 3)PURCHASER will inform CAPITOL STEPS of the exact time the performance is scheduled to begin, and will promptly notify CAPITOL STEPS of any change in such time PURCHASER guarantees that the CAPITOL STEPS performance will not start later than 30 minutes after the scheduled time A later-starting show may be abbreviated,at the option of CAPITOL STEPS 4) CAPITOL STEPS will provide stage props, a pianist, a performing cast of five(with a right of reasonable substitution,) and a backstage and technical crew of such size as CAPITOL STEPS deems necessary If the show takes place within 60 miles of Washington, DC, CAPITOL STEPS will provide a sound and light system and a piano This sound and light system (and piano)are to be used for the Capitol Steps show(and show introduction)only unless otherwise mutually agreed upon 5)CAPITOL STEPS will determine the program to be performed and the content of all songs within the program 6)PURCHASER will provide(a)a stage 12 feet by 16 feet(or larger)directly adjacent to the audience,and clear of all extraneous items,(b)a backstage area of at least 250 square feet adjacent to the stage and shielded from audience view(by pipe and drape of other means,)(c)access to the show site for a period of at least two hours prior to the opening of the room,(d)a means of distributing CAPITOL STEPS programs and(e)a person to Introduce CAPITOL STEPS 7) PURCHASER gives CAPITOL STEPS permission to (a) place (or relocate) sound and light equipment at locations CAPITOL STEPS deems appropriate for audience enjoyment and safety, (b) use a CAPITOL STEPS banner as a stage backdrop, (c)wait for hotel or theater personnel to remove any podium or other extraneous items from the stage before CAPITOL STEPS are introduced,(d)wait to begin the show until CAPITOL STEPS programs are distributed,the audience is seated and attentive,all table service has ceased,and any bars and/or food service buffets have been closed,and(e)allow CAPITOL STEPS to make compact discs and cassettes available for audience purchase after the show,at a location adjacent to the primary exit 8) If the show takes place more than 60 miles from Washington, DC CAPITOL STEPS will provide one backstage technician, and PURCHASER will provide, at PURCHASER's expense, (a)a sound and light system that meets CAPITOL STEPS technical requirements(which are herein Incorporated into this contract,)and at least one on-site sound engineer to operate it, (b)a 90 minute block of time to be used for such sound check and rehearsal as CAPITOL STEPS may consider necessary,and(c)a piano in good working condition and tuned to A-440 within 24 hours prior to the performance 9) If the show takes place more than 60 miles from Washington, DC,PURCHASER agrees to reimburse CAPITOL STEPS for any necessary expenses,Including seven Smale hotel rooms CAPITOL STEPS will make air-travel arrangements so that travel is consistent with CAPITOL STEPS scheduling needs PURCHASER agrees to reimburse CAPITOL STEPS for all such expenses within 7 calendar days after CAPITOL STEPS provides PURCHASER with an accounting of them For any performance outside the State of Virginia, PURCHASER will be responsible for any state and/or local taxes on any receipts collected, performance fees,and income earned from the performance 10) PURCHASER will not AAthedule an opening act without written permission in advance from C0aeposrt STEPS Nothing in this agreement will be construed to limit the ability of CAPITOL STEPS to schedule or perform other show,public or private, p�r�(y yenny time 11 PURCHASER will Iv7 fj� pay CAPITOL STEPS a fee of 10 it in 7ar days after the scheduled date of the show If the show takes place more than 60 miles from Washington, DC, PURCHASER will pay CA IT OL STEPS of 50%of the fee within 30 days of the date this contract is signed or at least 45 days in advance,whichever date comes first 12) If PURCHASER cancels the scheduled performance more than 30 days prior to its scheduled date, PURCHASER will pay CAPITOL STEPS a sum equal to 50% of the fee stated in paragraph eleven (11) above If PURCHASER cancels the scheduled performance 30 or fewer days prior to the scheduled date, PURCHASER will pay CAPITOL STEPS the entire fee stated in paragraph eleven (11) above and any non-refundable expenses incurred by CAPITOL STEPS under paragraph nine(9) 13)Any failure to appear by CAPITOL STEPS will not be deemed a breach of contract if such failure is substantially due to weather,transportation delays,or other circumstances beyond CAPITOL STEPS immediate control In such event PURCHASER will be entitled to a full refund of any sums previously paid to CAPITOL STEPS and both parties will be released from their obligations under this contract Best efforts will be made to reschedule the performance at a mutually agreeable date 14) Any principal who is represented by the party signing this contract as PURCHASER, including any individual or organization for whose benefit CAPITOL STEPS will perform,will be jointly liable with PURCHASER for payment Except for its own personnel,CAPITOL STEPS authorizes no one to act as its agent Any party signing as PURCHASER will be deemed an agent of whatever person or organization at whose event(or for whose benefit)CAPITOL STEPS will perform 15)CAPITOL STEPS PRODUCTIONS, INC is a Virginia corporation,and this instrument is to be interpreted under the laws of that jurisdiction Any action arising under this contract or for any breach thereof shall be brought in a federal or state court of competent jurisdiction in the Commonwealth of Virginia 16)This instrument is the complete and full agreement between CAPITOL STEPS and PURCHASER 17) For 15 calendar days following the date written in the signature blank, this instrument is an irrevocable offer by CAPITOL STEPS Once a signed copy is received by CAPITOL STEPS, it becomes a contract If no signed copy is received by CAPITOL STEPS within 15 calendar days following the date written in the signature blank,an offer made by CAPITOL STEPS can be revoked at any time,upon notice to PURCHASER 18) Damages for breach will be limited to actual damages, which in no case will exceed the fee stated in aragr ph eleven (I1) above` plus any cost actually incurred in paragraphs six( ven(7),eight(8),or nine(9) 19 Other terms and co ons Price is inclusive of Capitol Steps travel expenses API L STEPS P DU IONS, INC PUR RASE Elaina Newport, Producer date Signature date / 0