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HomeMy WebLinkAboutCAG2008-0668 - Original - James Cotton - Spotlight Series - 10/14/2008 V ... Records M nage%mlen KENT Document WASNINGTON 71 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: J&"W.S C= Vendor Number: f"19DM JD Edwards Number Contract Number: &0 Y'a7� This Is assigned by City Clerk's O Ice Project Name: Se.rccs ka Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 9- 1J'0$ Termination Date: Contract Renewal Notice (Days): q 0 Number of days required notice for termination or renewal or amendment Contract Manager: gondo�, Department: P�yks - CyJ-lura.I boleXbeck- Detail: (i.e. address, location, parcel number, tax id, etc.): S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT WASHINGTON CONTRACTOR SERVICES AGREEMENT between the City of Kent and James Cotton.c/o Berkeley Agency THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and James Cotton, c/o Berkeley Agency located and doing business at 2608 9`h St.#301, Berkeley, CA 94710- 2556, (510) 843-4902 (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 120 minutes including one 15-20 minute intermission/ 930pm Day, Date,Year: Friday, January 23, 2009 Event Location: Kent-Meridian High School Performing Arts Center, 10020 SE 256" St, Kent Merchandising: �� Contr for shall h e the sole an exclusive right, t not the o gation, to s �� mer andise d ctly perta�nm and/or bean the likene of Artist, in slue o compact cs, at the pence Contr for must p vide all sal staff and ill retai 00% of sales venue Lodging: City will provide five (5) hotel rooms on the night of Friday, January 23, 2009 Travel: Airfare included in fee City will provide local ground transportation to and from airport, hotel and performance venue as needed Food/Refreshments: City will provide hospitality in dressing room prior to performance according to attached rider* Billing: James Cotton 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 January 23, 2009, with the exception of venues previously discussed and mutually agreed upon *The attached nder is part of this agreement Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed II. COMPENSATION. The City shall pay Contractor the total sum of $6,500 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 $3,250 00 will be paid, by City of Kent check, to Berkeley Agency upon complete execution of contract The balance of $3,250 00 will be paid, by City of Kent check, to James Cotton on the day of the performance, prior to the show 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) Venue: City will provide proscenium theater Kent-Meridian High School Performing Arts Center Sound: City will provide sound system according to Contractor's attached technical rider Lights: City will provide general lighting according to the Contractor's attached rider* Dressing Rooms: City will provide dressing room facilities according to Contractor's 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 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 Ile Vill. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence, including assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction delivered in accordance with this Agreement constitutes an infringement of any copyright, patent trademark, trade name, or otherwise results in unfair trade practices The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification The provisions of this section shall survive the expiration or termination of this Agreement VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of lthe types and in the amounts described in Exhibit A attached and incorporated by this reference Vthe TERMINATION AND BREACH. Either party may terminate this Agreement, with or without cause, upon e other party ninety ( dg s written notice at its address set forth on the signature block of this Agreement urred by the City due to Contractor's failure to comply with the terms and conditions of this Agreement shall be ibility of the Contractor The City may deduct its costs from any payments due to the Contractor or pro-rate ent 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 By E � (signatureJ (srgn tur Print ame �/,c}rf14� CEO i� Print Name Lon Hogan Its dent Its Superinten , Recrea n and Cultural Services, (T1te) Parks, Recreation and Community Services DATE / (Title) DATE «/L`j'f00 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Ronda Bdlerbeck, Cultural Programs Manager 7—O/Z-7 City of Kent L j Cam, �U'��TiL 220 Fourth Avenue South Kent, WA 98032 (telephone) (facsimile) (253) 856-5050 (telephone) (253) 856-6050 (facsimile) P CIHIFORM5ICONTW1CNGn�NNCOMfecbflWlLSIOeMYEOnISmkalQwmnMPsbOWNgFMaTrB�lAq CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000—Sole Performer) EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract CONTRACTOR SERVICES AGREEMENT-4 (Under$10,000—Sole Performer) Updated 3/2007 JAMES COTTON BLUES BAND TE,C/pH�NICAL RIDER This rider is part of the contract dated L- 101() by and between ` (hereafter, called EMPLOYER) and JAMES COTTON (hereafter, called ARTIST) This rider is deemed necessary by Artist in order to make his presentation as effective as possible It is essential that you read it very carefully and comply with all of its provisions In the event that you have any questions concerning any of these provisions, please immediately contact The Berkeley Agency 2608 9th Street, #301 Berkeley, CA 94710 www.berkelevagency.com 510/843-4902 FAX 510/843-7271 Email: mail(dberkelevagencv.com If you have any technical questions or wish to advance this show, please contact 3acklyn, James Cotton Management 512/291-8668 Cell 512/917-0127 Email: www iamescottonsuperharp.com The following shall be provided at no cost to the artist 1. SOUND&LIGHTS A The first class sound and light systems is to be supplied by the Employer&is subject to the approval of the Artist B The house system shall include but not be limited to 1) Sixteen professional quality microphones At least three of these will be Shure SM-58's 2)Two Direct Boxes 3) Sixteen-channel mixing console with operator C The monitor system shall include but not be limited to 1)Three separate monitor mixes with thirty-three band (1/3 octave) equalization for each mix 2) Six floor monitors and two sidefills 3)Twelve-channel mixing console (on-stage)with operator 4) Outside shows must have sidef ll monitors 2. STAGE A Stage shall be not less than twenty-five feet wide by sixteen feet deep plus adequate wing space to enhance sound and audience line of sight B No Drum Riser 3. BACKSTAGE&DRESSING ROOM A Dressing room shall be lockable or have a guard for the duration of the engagement B Dressing room shall have an electric outlet C Dressing room shall have an attached bathroom D The following will be provided in the dressing room at least an hour before performance time 1) 12 clean hand towels 2) 12 bottles of water 3)2 quarts Ocean Spray Cranberry Juice(LITE), Diet Pepsi, Diet UP, 1 quart orange juice, club soda, assorted soft drinks, assepted-tr€er, and a good supply of ice t;C OCA 7-LIP, p AV-6,ti vrbh Ord 4) Deli tray, enough for eight people, consisting of roast beef, turkey, ham, cold cuts, cheese with condiments and several choices of bread 5)At concert engagements employer shall provide a hot meal of Barbecued Ribs, Chinese Food, Fried Chicken, etc The James Cotton Band appreciates your creativity in such matters 4. BOX OFFICE A In all cases, regardless of whether or not the percentages are included in Artists fee structure,Artist or their representative shall have access to the box office and all tickets, deadwood, receipts and manifests, and upon request, all records pertaining to this contract for verification purposes B Should more tickets or admissions be sold than the capacity agreed to in this contract, or should gross ticket sales or admissions exceed the Gross Potential (G P) as stated in this contract, then and therefore,Artist shall receive in cash admissions 80% of all such excess receipts minus applicable taxes 5.AMENDMENTS TO THE RIDER A If there are any amendments, technical or otherwise,to be made in this contract they must be consented to by the Artist's Agent or Manager. B If you have any technical questions or wish to advance this show, please contact Jacklyn, James Cotton Management 512/291-8668 Cell 512/917-0127 jacklyn(a)iamescottonsuperharp.com 6. HOTEL ACCOMMODATIONS A The employer shall provide, if so noted on contract face, hotel accommodations: For James Cotton- 1 King, Non-Smoking, if no elevator, ground floor One pre-show night provided, if requested For Band 4 Singles 7. RENTAL EQUIPMENT: SEE ATTACHED 8. INSURANCE & LICENSE Purchaser at his sole cost and expense shall obtain all licensees, permits or other approval required form any union, public-authority, performing rights society or other entity having jurisdiction with respect to the engagement, and shall comply with and fulfill all terms and conditions set forth therein Purchaser shall indemnify and hold Artists, Management, its contractors, agents, employees, licensees and designees harmless form and against any loss, damage, or expense, including reasonable attorney's fees incurred, suffered by or threatened against Purchaser in connection with any claim for personal injury or property damage, brought by or on behalf of any party in connection with the engagement Purchaser further agrees to provide public liability and workman's comp (if required by purchaser)with respect to this engagement 9. FORCE MAJURE Artist shall have the right to terminate Agreement if: A Any member of the group shall die or become ill or incapacitated B There is an accident or delay in means of transportation or in artist's judgment, performance of engagement may directly or indirectly expose Artist or any employee of artists or Operator or any portion of the audience to death or injury by outbreak of violence or civil strife of any kind C Performance of Artists obligations shall be rendered impossible or imp ical by reason of strikes, civil unrest, order of public authority epidemic, dangerous weather conditions, national or local state of emergency, fire or other event or condition of any kind or character D Performance of any of Artists obligations shall expose Artist or any employee or Operator's employees, agent's or independent contractors to civil or criminal proceedings of any kind E Operator agrees that there shall be no discrimination based on color, race, nationality, creed or religion In the event violations of the fore going stipulation, Artist shall have the right to refuse to perform the engagement F Artist is only responsible to perform in the following agreed upon contract, exact dates, cities, venues, TV and radio stations, chanty presentations G If this agreement shall be terminated for reasons a or b refereed to in the preceding paragraph Artist shall promptly refund to Operator any amount thereto paid by Operator to Artists, pursuant to this agreement, and whatsoever nature claimed to have been suffered directly or indirectly by Operator as a result of such termination 10. COMPLETE AGREEMENT This agreement and the attached Artist rider attached hereto constitutes the parties'entire understanding and shall not be abrogated or modified except in writing If Operator shall in any manner attempt to vary any terms set forth herein, the same shall be deemed to constitute a counter offer not binding upon the artist This agreement shall not be binding upon artist until executed by an officer of Artist AGREED TO and ACCEPTED BY: DATE: