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HomeMy WebLinkAboutCAG2008-0726 - Original - Redhead c/o Yulunga Arts LLC - Summer Concert Series - 05/20/2008 Records M ageme I KENT Document W P4HINGTON 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: 66M Vendor Number: JD Edwards Number Contract Number: Ptkbi- c97� This is assigned by City Clerk's Office Project Name: SOL!"Yli'Y W CQnCert Sem.eG Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: �a 0 d$ Termination Date: -7—2 5— d$ Contract Renewal Notice (Days): 90 Number of days required notice for termination or renewal or amendment Contract Manager: Ronda Billerbeck Department: Parks-Cultural Detail: (i.e. address, location, parcel number, tax id, etc.): S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT INnSHINGTON CONTRACTOR SERVICES AGREEMENT between the City of Kent and Redhead THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Redhead, c/o Michael Wolke, Yulunga Arts LLC located and doing business at P.O Box 14604, Tuscon, P AZ 85732 (hereinafter the "Contractor") 1. DESCRIPTION OF WORK. Contractor shall perform the following services for the City- Description: Redhead will present one performance as part of the Kent Arts Commission's Summer Concert Series. Start Time/Duration/Stop Time: 7 00 p m/1 5 hours/8 30 p.m. Day, Date, Year: Thursday, July 24, 2008 Event Location: Lake Meridian Park, 14800 SE 272nd St , 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 revenues 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 $1,500 for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. 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 Venue: Outdoor covered stage provided by City Sound: City will provide quality sound system and technician; Contractor will provide technical requirements no later than 30 days prior to performance date Lights: City will provide general lighting as needed Dressing Rooms: None available Technical Staff: City will provide sound technician 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 CONTRACTOR SERVICES AGREEMENT- 1 (Under$10,000—Sole Performer) Tie 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 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, 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 CONTRACTOR SERVICES AGREEMENT-2 (Under$10,000-Sole Performer) 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: p 40), CITY OF KENT: By 4M� S.v��t -rD A By. (Sign ture) (signa re) Print Name *, 2 ( 6^ Print Name Lori Hogan Its T Its Superintendent, Recreat Cultural Services, (Title) Parks, Recreation and Community Services DATE Title DATE: S S NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: nn CITY OF KENT: 0�6 oe- ro--9- 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) PigNfFORM5IGONTFtACTKmWaICanVacls FINALSCcnsullanl5am¢sAp,eemenbWaMxCnrNx PeormaSmaU^A CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000-Sole Performer) EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. REDHEAD Performance Rider (August 07) OPENING ACTS 11 , A Please submit names of opening act to Artists Representative thirty (30) days prior to performance Artist reserves right to request preferred opening acts at the signing of performance contract. There shall be a minimum of a thirty (30) minute break between the opening act and the Artist's performance. TECHNICAL REQUIREMENTS: IF ANY OF THE BELOW IS NOT POSSIBLE, PLEASE CALL ARTISTS' REPRESENTATIVE TO DISCUSS. Notes, Artist prefers no compression in monitors, minimal usage in FOH. A. SOUND SYSTEM REQUIRMENTS: Console Professional audio mixing console, minimum 12 inputs (balanced to-Z, phantom +48V power) : each channel shou feature minimum three band sweepable EQ, input trim and 4 post-fader aux sends 4,T monitors and 2 effects) . For large concert stages 16 inputs (6 monitors and 2 effects) Console must have Phantom Power Outboard Gear: Graphic equalizers, (one-third octave min full octave), one each for both House and Monitor mixes. Preferred EFX At least two high quality units with selectable reverb and digital delay Speakers. House speakers sufficient to cover entire house thoroughly. Prefer 3-way speakers, bi-amped minimum 2 -way. B. FRONT OF HOUSE: One (1) compact disc player. One (1) microphone for announce and talkback. C. STAGE: Microphones/Dls: 1 x Beta 87c microphone (supplied by artist) on tall boom stand. Note: if Phantom power is not available please supply SM58 vocal microphone 1 x Baggs Acoustic Guitar DI (supplied by artist) 1 x Shure 57 instrument microphone for GUITAR AMP 1 x DI OR LINE OUT from BASS AMP Drum Kit Microphones: 2 x overheads (condensers) 1 x rack 1 x floor 1 x kick (large diaphragm/ high SPL) 1 x snare (tight pattern, high SPL/transients) 1 x hi-hat (condenser, tight pattern) Other: Three (3) AC power strips downstage right, centre & left plugged into 110V outlet D. BACKLINE: v p GPI` "'/^✓� way/(J���3p"�(o� �IAM�/ I ��iry One Guitar Amp- ender Hotrod De Ville preferred / alternatively Peavey Classic 30 or 50 One Bas Ampeg / Gallien Kruger preferred - minimum requirement: quadbox rated One ms, bass head rated at 500 watts, line out capabilities ne Drum Kit: Yamaha Stage Custom kit preferred: 20"kick, 12" rack tom and 14- floor tom. Coded ambassador heads preferred Please provide associated hardware. Snare and cymbals provided by artist Redhead Music PO BOX 601 Blackwood www redheadmusic.com.au REDHEAD Performance Rider (Au mist 07) E. MONITORS: ' 0 (2) Artist requires a minimum of M Hk PQUALITY monitors on small stages n„ _/� FOUR (4) high quality monitors on larger and outdoor stages. These should be of a 1 x 1 12" + 1 x 2" bi-amped design. Min„w.m of TWO (2) independent sixes required. F. STAGE SIZE PREFERRED: At least 16' x 8' G. STAGE HANDS/STAFF NEEDED One(1) House Engineer for set-up and mixing show (Mix engineer to set simple lighting) . H. LIGHTING: yy Backlight Wash ldrs Aqua, Hot Pink, Gold, Amber, Orange, Red, and Blue Sidelight C ors: Gold, Orange, mid Amber Back a side light instruments should be medium 1000 watt/par 64s or equivalent Fro light specials should be 6 x 9 or 6 x 12 Ellipsoidal or narrow or very narrow 10 C watt/par 64s. ���\ ndividual specials, each side n/and back wash need J1(b(e��-o'�n its own dimmer J I. DRESSING ROOd4S: Y�y ,� �J k �^ w1r^`l/ �/AW One secure private die ssinq ro m with lock an ey must be provided in close proximity to clean, private lavatory fac ides. Dressing room must be clean, well lit, air- conditioned and/or heated to 72 degrees by sound check time, with a full-length mirror, three comfortable chairs, one table large enough to seat three, electrical outlets. Provide three small clean terry cloth towels for use on stage. I,,�, J. CATERING: i�a�llfl�lllh/� 7llW YV�V Meal Three (3) hot nutritious mew to be served lust fter sound check Large gr salad with assorted vegetables d ranch and balsamic vinaigrette dressing on the side. No deep-fried or fast food ease. Coffee, tea, honey, half and half, sugar, soft drinks (Coke, sodas, 1 nade), nine room temperature 16 oz bottles of spring water, tortilla chips and sa, and fruit for three people. If alcohol permitted on site, one six pack of beer (Corona Extra or a good local microbrew , one bottle of Red Wine (Shiraz preferred), 4 bottle of sparkling mineral water d one bottle of organic juice most appreciated. I hot meal is not provided, please provide a $60 buy-out. K. BILLING Artist shall receive headline billing in all lights, displays, programs, marquees, and any and all other advertising and publicity media in case of headlining show If in support, artist is to receive 50% billing. For festivals, artist is to receive festival billing. 100% size REDHEAD L. MERCHANDISE: Purchaser shall provide one (1) six foot table in a well-lit secure place for the Artist's merchandise to be sold with 1CC% of proceeds going to the Artist s vo un eer o _ e Artist ( Where a commission is payable on artist merchandise the artist shall pay the promo er a maximum of 15% to a maximum amount of $500 in commissions. M. HOTEL: Purchaser will provide non-s mo ki el to th fight of performance(s): Two (2) double rooms at a Holi nn or an equiva ent el chain that provides free guest breakfast. Two (2) n size beds in each room please. Please email ho address, phone and confirmation numbers to management sic.com.au In cer- n s_tuations a buy-out may be required in lieu of lodging. If so, please remit $ to the band upon settlement in CASH. Redhead Music PO BOX 601 Blackwood wrww redheadmusic.com.au snot a , REDHEAD Performance Rider (August 07) N. TRANSPORTATION: If by Car: Parking space to be provided at no cost to the Artist within reasonable distance of the venue Safe, well-lit parking area in which to load-in and out at the venue. Map and directions to venue from nearby highways must be provided If by Plane: Purchaser prove transportation to and from the closest international airport in vehicle 1 nough to accommodate THREE (3) people, gear and luggage comfortably. T portation from venue to and from hotel for performance and radio interview's ated to the show. Appropriate vehicle is a minivan with the rear seat removed. Q� CANCELLATION: Q "— �h Purchaser agrees t rtist shall have the right to cancel this engageme bout hab_l_ty upon itten notice to Purchaser no later than thirty (30) days prior to the date of pe rmance in the event Artist is called upon to render his/her services for a motion cture, television appearance or any career advancing opportunity. INSTRUCTIONS FOR PROMOTER AND STAFF: Promotion and Press Purchaser is responsible for all publicity and promotion of this event. Upon request, Artist's representative will supply Purchaser with promotional materials and digital photographs (email or download from web site www yulungaarts.com) . Additional materials available upon request at management@redheadmusic.com.au Please forward a detailed and specific request for promotional materials to Artist's representative immediately. Please make your requests with enough time to allow delivery by First Class mail. Purchaser shall pay for all expedited delivery services. Photographs intended for publication in press and promotional materials must have been sent from the Artist's representative(s) or downloaded from official web sites. Other photographs used require representative's permission via email or phone confirmation Recording policy: Any recordings, videos, broadcasts or photographs taken during the performance must be done with the prior written permission of the Artist or her 4' representative(s) . Requests to record or film the performance must be submitted in ti writing at least two (2) weeks in advance of performance date and agreed to by the Artist and their representative(s) at that time House music policy. Artist reserves the right to select all pre-and post-show house music played through the house system. Audience contact: Artist reserves the right to submit mailing lists and/or printed materials to audience members at any time before, during or after performance. Purchaser will provide on-stage security of instruments, equipment anc persons from audience member access before, during and after the show. Purchaser will not allow audience to enter concert hall until technical set-up has been completed. Payment teas: All payments shall be made via cash. All day-of-show payments shall be made to Artist or Artist's representative immediately following Artist performance unless otherwise requested. All deposits are payable to Yulunga Arts, LLC. Sponsorship: Purchaser shall furnish and supply at his/her sole cost and expense all necessary permits, licenses and authorizations from any and all government agencies, bureaus and departments, Federal, State and local. Purchaser agrees to pay all Federal, State and local amusement taxes and to indemnify and hold Artist harmless from payment of such taxes. Intervzews: Any requests for interviews via phone or in person should go directly to the Artist representative at management@redheadmusic.com.au Redhead Music PO BOX 601 Blackwood www redheadmusxc.com.au snsi ......,.e...e.,�a�e.ar.e�.a....,e.,. .,..... a,. REDHEAD Performance Rider (August 07) REDHEAD Technical Rider Core Instrument Device Channel Insert Comment 1 Kick Beta 91/M88 1 Gate Craig Lauritsen 2 Snare Sm57 2 Gate 3 Hi Hat CK 91 3 4 Rack Tom 57/408 4 Gate 5 Floor Tom 57/408 5 Gate 6 OH L CK91/RE200 6 7 OH R CK91�RE200 7 8 Bass DI/Line o 8 CJ Rhodes 9 Acoustic Guitar Baggs DI 9 Susie Keynes 10 Electric Guitar Sm57 10 Susie Keynes 11 Vocal Beta 87c 11 Comp Susie Keynes 12 FX 1 Left PCM80/90 12 13 FX 1 Right PCM80/90 13 Yanya Boston DRUM FILL CJ Rhodes DRUMS CH 1 - 7 BASS GUITAR Monitor Mix 2 or 3 DI/LINE CH 9 Monitor Susie Keynes Mix 2 VDC CH 11 DI CH 9 ELEC CH 10 Monitor Monitor Mix 1 Mix 1 Agent Tour Management Michael Wolke Yulunga Arts Sue Arlidge info@yulungaarts.com Redhead Music PO Pox 14604 management@redheadmusic.com.au Tucson, AZ 85732 Us PO BOX 601 Tel: 520-325-2443 BLACKWOOD South Australia 5051 Redhead Music PO BOX 601 Blackwood www.redheadmusic.com.au cn..t1. a..a*ral.a Sn�.� .nawa�e.wenFG�viil+va A.....e.n nnm a.•