HomeMy WebLinkAboutCAG2011-0631 - Original - Melinda Doolittle Entertainment - Spotlight Series: Musical Performance - 02/22/2011 , 4 eR,ecords
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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:
Vendor Number.- --
JD Edwards Numbler I
Contract Number: 28
This is assigned by City Clerk's Office
Project Name:
Description: ❑ Interlocal Agreement ❑ Change Order 0 Amendment 0 Contract
❑ Other: ++
Contract Effective Date: I Termination Date:ck
lo
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.):
r
S:Public\RecardsManagement\Forms\ContractCover\adcc7832 11/08
KENT
W."H,"Ol O"
CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
Melinda Doolittle Entertainment.c/o The Agency Groua,Ltd.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and Melinda Doolittle Entertainment, c/o The Agency Group, Ltd. located and doing business at 142 West
57ei Street,Sixth Floor,New York, NY 10019,212-581-3100(hereinafter the"Artist'7.
I. DESCRIPTION OF WORK.
Artist shall perform the following services for the City:
Description: Melinda Doolittle(hereinafter referred to as"Artist")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 intermission/9.30 p.m.
Day, Date,Year: Friday, March 25, 2011
Event Location: Kentwood High School Performing Arts Center,25800 1641"Avenue SE,
Covington,WA 98042
Merchandising: Artist shall have the sole and exclusive right, but not obligation,to sell souvenir
posters, programs, CDs, DVDs and other merchandise directly pertaining to
and/or bearing the likeness of the Artist at the performance City will retain 15%
of the receipts when Artist provides sales staff and 20%of the receipts when City
provides sales staff.
Lodging: Artist shall be responsible for hotel arrangements and costs.
Travel: City will provide local ground transportation.
Meal(s): City will provide a meal and refreshments as specified in the attached rider.*
Billing: "Melinda Doolittle" Artist 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 Artist's performance.
Exclusivity: Artist shall not appear in general Seattle/Puget Sound market, including King,
Pierce, Snohomish and Kitsap Counties,within two-months before or after March
25,2011,with the exception of venues previously discussed and mutually
agreed upon
House seats: City will hold ten(10)complimentary house seats for Artist,to be released 24
hours prior to curtain if not notified by Artist
*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.
II. COMPENSATION. The City shall pay Artist the total sum of $6,500.00 for the work to be performed
under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. A
deposit of$325 00 will be paid, by City of Kent check, to The Agency Group, Ltd. upon complete execution of contract
The balance of$6,175.00 will be paid, by City of Kent check, to Melinda Doolittle Entertainment(EIN#27-0821347)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
i
CONTRACTOR SERVICES AGREEMENT- 1
(Under sl o oo0—Sole Performer)
r
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 1. 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."
Backline: City will provide backline and cover costs up to$1,600.
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 rider is part of this agreement.
V. INDEPENDENT CONTRACTOR. The parties intend that an independent Contractor-Employer
Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08
RCW,the parties make the following representations-
A. The Contractor has the ability to control and direct the performance and details of its work, the
City being interested only in the results obtained under this Agreement
B. The Contractor maintains and pays for its own place of business from which Contractor's services
under this Agreement will be performed
C. The Contractor has an established and independent business that is eligible for a business
deduction for federal income tax purposes that existed before the City retained Contractor's
services, or the Contractor is engaged in an independently established trade, occupation,
profession, or business of the same nature as that involved under this Agreement.
D. The Contractor is responsible for filing as they become due all necessary tax documents with
appropriate federal and state agencies, including the Internal Revenue Service and the state
Department of Revenue.
E. The Contractor has registered its business and established an account with the state Department
of Revenue and other state agencies as may be required by Contractors business, and has
obtained a Unified Business identifier(UBI)number from the State of Washington.
F. The Contractor maintains a set of books dedicated to the expenses and earnings of its business.
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.
Vil. 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 Contractors 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 Contractors 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.
Vlll. 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
CONTRACTOR SERVICES AGREEMENT-2
(Under$10,000—Sole Performer)
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 Disoutes 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
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
CONTRACTOR SERVICES AGREEMENT-3
(Under$f 0,000—Sole Performer)
IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date
entered below.
CONTRACTOR: CITY OF KENT:
te" �w By 161f4 r
(signature) ( n ��
Print Name: Kelley Norris Print Name: Lori Hogan I
Its Manager Its Superintendent Recce and Cultural Services
(tffle) (Ltle)
DATE: February 19 2011 DATE: 07• .�.�— /�
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Melinda Doolittle Entertainment Ronda Billerbeck, Cultural Programs Manager
2000 Mallory Lane City of Kent
Suite 130-520 220 Fourth Avenue South
Franklin TN 37067 Kent,WA 98032
(615)400-8609 (telephone)
(615)333-2058 (facsimile) (253) 856-5050(telephone)
(253) 856-6050(facsimile)
CONTRACTOR SERVICES AGREEMENT-4
(Under S 10.000—Sole Performer)
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance Is required for this Contract.
CONTRACTOR SERVICES AGREEMENT-5
(Under$10,000—Sole Performer)
142 West 57th ShaeK Shah Floor . Phone: (212)581.3100
New York NY 10019 Fax., (212)581.0015
AGENT Andrea Johnson tt' CONTRACT# 173275
Agreement made this date,Monday.May 3,2010 by and between Melinda Doolittle Entertainment(herinefterrefloned to as Artist)and City of Kent Arts
Commission Mennafter referred to as Purchaser) Nis understood and mutually agreed that the Puchaser engages the Artist to perform the following
engagement upon all the terms and condfions hererrafter set firth
ART(ST(S): Melinda Doolittle AN EVENING WITH
VENUE: Kentwood High School Performing 268001641h AueSE, Covington, WA 98042
Phone Fax Production Dan Mortensen Phone 206-525-2113
DATE(S): Fri.March 25,2011
Amsl to Perform one(1)stow approedmoi 80.120 rratlxes In hanger.
TICKETS: Quantity Grs Price Cmio" Deduct Net Pme Disupin No DayVShws 11 1
470 0 $21100 $2800 Ticket Load in Per Advance
0 $2600 $2600 Senior Snd Chck Per Advance
® $20 00 $20 00 Youth Doors Open 7'00 PM
Showhme(s) 7.30 PM
GP $13,15000 Capacities Merchandising, Onstage 7 30 PM
Tex Per Show 470 Arhstsel. 85115% Ages AN
Net $13,16000 Totattkis 470 Budd sap 80120% Curw
Scaling Notes Artist to receive ten(10)complimentary tickets
TERMS: $6,600.00 Flat Guarantee
Flat PLUS Local Ground TranspcAation,PLUS Backhr a up to$15M.
PLUS Purchaser agrees to provide and pay for Sound&Lights to meet with Arbsrs specifications and approval
ADDIT70NAL Purchaser shall provide and pay for,as per Arbsrs specifications and approval,at no cost to Artist any and all rider requirements
PROVISIONS: Production contact email dariftglearpdre,�1
Ughtshheater manager Rebecca Lloyd,20 6-3 0 0-7 0 711 rebecce.IbvdiSikentkl 2,wjAM
Coo
$325 00 US deposit toThe Agency Group by 1corA8dcwMe"due by February 25,2011
The balance of the guarantee shall be paid to Artist or Arasrs representative immediately prior to the performance via cash,ceefiedhcashler's
check or money order
AAlsrs rertrfedfcashie's checks should be made payable to Melinda DoolsOe Entertainment
The Agency Group LtdBank Wke Information HSBC ABA#021-M-085 Accounts 610088955
452 FM Avenue,New York NY 10018
#h expressly understood by the Purchaser(s)and the Artist who are party to this contract that neither The Agency Group Ltd nor is officers nor its employees
ere padres to this contract in any capacty and Mat neither The Agency Group,Ltd nor its officers nor its employees are table for the performance breach of any
provisions contained homer
ft b expressly understood by the Purchaser end the musrcren(s)who we parties to the contract Mat neither the Federation nor the hotel Union are parties to this
contract in any cepacly except as expressly provided in the previous paragraph and therefore,that nether the Federation nor the Locapfnnn shaft be table for the
performance or breach of any provision hereof
AN other terms and condbons of Artist's engagement and savvices hereunder are set kxM In the Standard Terms and Conditions attached hereto as Exhtrrt A"
which Standard Terms and Conditions we by this reference heorporeted herein and made a part of this Agreement
This contract shaft not be binding unless signed by at padres hereto provided however,that the failure to sign this agreement shot not subject The Agency
Group to any labaty Should any Ader Addendum and/or Expense shoot be annexed to this Agreement Mhey shot also constitute a part of this agreement
on the date fret above written IN WITNESS WHEREOF,the parties hereto have hereunto set their names and seals on the day and first above WNW
Mermda DOohCk nFed
City of Kent Arts Commission /(J
Melinda Doo. # 49SZO-2099 zonr(a ,1'7 cl--
CIO The gency G up Ltd 142 V est 57th Street,Sodh 220 Fourth Ave{S
New Yo NY 100 Kent,WA 98032
(212)581-3100 Fax (212)581-0015 253-8565050 Fax 2534M.6050
142 West 57th Street,Sixth Floor Phone: (212)681.3100
New York NY 10019 Fax: (212)581-0015
a�oou{i1,Ad
Exhibit A CONTRACT# 173276
Additional Terms and Conditions for Non-AFM Members
Melinda Doolittle
Showdate(s). 03126/11 Page: I
The parties hereto hereby acknowledge that the following additional terms and conditions are incorporated in and make a part
of the Agreement between the parties hereto.
1. Reproduction of Performance Provision
PURCHASER shall not itself nor shall it permit others to record,broadcast,televise,photograph or otherwise reproduce the
visual and/or audio performances hereunder,or any part thereof.
2. Merchandising Provision
ARTIST shall have the exclusive right to sell souvenir programs,photographs,records and any and all types of merchandise
including,but not limited to,articles of clothing(i.e,T-shirts,hats,etc.)Posters,stickers,etc,on the premises of the place(s)
of performance without any participat on in the proceeds by PURCHASER subject however p concessionaire's requirements,
ifany. 70*70 -ice t,Eit,LIQ i �fy1 ISfj , lS'1U }�� VFhvL t CA rS� 5
3. Right to Likeness Provision
ARTIST'S name or likeness may not be used as an endorsement of any product or service nor in connection with any
commercial tie-up without ARTIST'S prior written consent.
4. Termination Clause
In the event PURCHASER refuses or neglects to provide any of the items or to perform any of its obligations herein stated,
and/or fails to make any of the payments as provided herein,ARTIST shall have the right to refine to perform this contract,
shall retain any amounts theretofore paid to ARTIST by PURCHASER,and PURCHASER shall remain liable to
PURCHASER for the agreed price herein set forth In addition,if,on or before the date of any scheduled performance,
PURCHASER has failed neglected,or refused to perform any contract with any other performer for any other engagement,or
if the financial standing or credit of PURCHASER fails or refuses to make such payment forthwith,ARTIST shall have the
right to cancel this engagement by notice to PURCHASER to that effect,and to retain any amounts theretofore paid to
ARTIST by PURCHASER and PURCHASER shall remain liable to ARTIST for the agreed price herein set forth
S. Sickness or Accident Provision
In the event of sickness or of accident to ARTIST,or if a performance is prevented,rendered impossible or infeasible by any
act or regulation of any public authority or bureau,civil tumult,strike,epidemic,interruption or delay of transportation
services,war conditions,or emergencies or any other similar or dissimilar cause beyond the control of PURCHASER,it is
understood and agreed that there shall be no claim for damages by PURCHASER and ARTIST'S obligations as to such
performances shall be deemed waived. In the event of such non-performance for any of the reasons stated in this paragraph,if
ARTIST is ready,willing and able to perform,PURC HASER shall pay the full compensation hereunder,otherwise,the
monies(if any)advanced to ARTIST hereunder,shall be returned on a pro-rata bans
6. Controlling Authority Provision
ARTIST shall have the sole and exclusive control over the production,presentation and performance of the engagement
hereunder including but not limited to the details,means and methods of the performances ofthe performing artists hereunder,
and ARTIST shall have the sole right or may see fit to designate and change at any time the performing personnel Provided
ARTIST is ready,willing and able to perform at stated date and time,ARTIST'S obligations hereunder are subject to
detention or prevention by sickness,inability to perform,accident,means of transportation,Acts of God,riots,strikes,labor
difficulties,epidemics,any act or order of any public authority or any other cause,similar or dissimilar beyond ARTIST'S
control,
7 Weather Provision
Inclement weather rendering performance impossible,infeasible or unsafe shall not be deemed a force majeure event and
payment of the agreed upon compensation shall be made notwithstanding If PURCHASER and ARTIST disagree as to
whether rendition ofperfbrmance(s)is impossible,not feasible or unsafe because of inclement weather,ARTISTS
determination as to performance shall prevail
8. Cancellation Clause
Unless stipulated to the contrary in writing.PURCHASER agrees that ARTIST may cancel the engagement hereunder
142 West 57th Street,Sixth Fbor Phone: (212)581-3100
New York NY 10019 Fax: (212)581-0015
Exhibit A CONTRACT# 173275
Additional Terms and Conditions For Non-AFM Members
Melinda Doolittle
Showdate(s), 03125111 Page'2
without liability by giving the PURCHASER notice thereof at least thirty(30)days prior to the commencement date of the
engagement hereunder.ARTIST shall also have the right to terminate this agreement without liability in the event
PURCHASER fails to sign and return this Contract within 10 days
9. Independent Contractor Clause
It is agreed that PURCHASER signs this contract as an independent contractor and not as an employee.This contract shall
not,in any way be construed so as to create a partnership,or any kind ofJoint undertaking or venture between the parties
hereto,nor make ARTIST liable in whole or in part for any obligation that may be incurred by PURCHASER in
PURCHASER'S carrying out any of the provisions hereof or otherwise.
10. Authority for Inconsistencies Provision
In the event of any inconsistency between the provisions of this contract and the provisions of any riders,addenda,exhibits or
any other attachments hereto,the parties agree that the provisions most favorable to ARTIST shall control.
II. Indemnification Clause
PURCHASER hereby indemnifies and holds ARTIST,as well as their respective agents,representatives,principals,
employees,officers and directors,harmless from and against any loss,damage or expense,including reasonable attomey's
fees,incurred or suffered by or threatened against ARTIST or any of the foregoing in connection with or as a result of any
claim for personal injury or property damage or otherwise brought by or on behalf of any third party person,firm or
corporation as a result of or in connection with the engagement,which claim does not result from the active and willful
negligence of the ARTIST.
12. Dispute Resolution Provision
Any claim or dispute arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in the
State ofNew York in accordance with the rules and regulations then obtaining of the American Arbitration Association
governing panels The parties hereto agree to be bound by the award of such arbitration and judgment upon the award
rendered by the arbitrators may be entered in any court having jurisdiction thereof.
13. Conflict of Laws Provision
Nothing in this agreement shall require the commission of any act contrary to law or to any rules or regulations of any union,
guild or similar body having jurisdiction over the services and personnel to be famished by the PURCHASER to ARTIST
hereunder.If there is any conflict between any provision of this Agreement and any law,rule or regulation,such law,rule or
regulation shall prevail and this Agreement shall be curtailed,modified,limited only to the extent necessary to eliminate such
conflict ARTIST agrees to comply with hall regulations and requirements of any union(s)that may have jurisdiction over any
of the said materials,facilities and personnel to be furnished by PURCHASER.
14. Escrow Provisions
(Escrow Agent)acts herein only as the Escrow Agent for Producer and is not responsible for any act of commission or
omission on the part or either PURCHASER or ARTIST.In furtherance thereof and for the benefit of(Escrow Agent),it is
agreed that neither ARTIST or PURCHASER will name orjoin(Escrow Agent)as a party in any civil action or suit arising
out ot;in connection with,or related to any act(s)of commission or omission of PURCHASER or ARTIST and the
PURCHASER and ARTIST jointly and severally agree to hold the(Escrow Agent)harmless from and against any and all
expenses,costs,actions,claims,or liabilities(including reasonable attorney's fees)which may arise in connection with the
Escrow Agents performance of its duties hereunder,except for the willful misconduct or gross negligence of the Escrow
Agent. The Escrow Agent may act or refrain from acting in respect of any matter arising in connection with the Escrow Fund,
shall have no duties or obligations other than as stated herein and shall be protected in acting upon any notice,certificate,or
other communication,not only as to the due execution and the validity and effectiveness of its provision,but also as to the
truth and acceptability of any information therein contained,which it shall in good faith believe to be valid and to have been
signed or presented by a proper person or persons.The Escrow Agent shall not be bound by any notice,or demand with
respect thereto,or any waiver,modification,amendment,termination,or rescission of this contract unless in writing delivered
to the Escrow Agent,and if the duties of the Escrow Agent are affected,unless it shall have given its prior written consent
thereto If at any time there shall be a controversy between PURCHASER and ARTIST with respect to the Escrow Fund,the
Escrow Agent may upon notice to PURCHASER or ARTIST either(i)hold the Escrow Fund until otherwise directed by a
t
142 West 57th Street,S&M Floor Phone: (212)58f4100
New York NY 10019 j4 Fax: (212)581-0015
Exhibit A CONTRACT# 173275
Additional Terns and Conditions for Non-AFM Members
Melinda Doolittle
Showdate(s)• 03/25/11 Page-3
written instrument signed by PURCHASER and ARTIST or by an order,decree or judgment by a court of competent
jurisdiction which,by lapse of time or otherwise,shall no longer be or shall not be subject to appeal or review or(ii)deposit
the Escrow Fund in any court of competentjunsdiction pending the final determination of any dispute among the parties
hereto.Upon delivery of the Escrow Fund in accordance herewith,the obligations of the Escrow Agent shall cease with
respect thereto and it shall not be required to perform any further acts whatsoever pursuant to this contract.
15 Assignment/Transfer Provision
This contract(a)cannot be assigned or transferred without the written consent of PURCHASER,(b)contains the sole and
complete understanding of the parties hereto and(c)may not be amended,supplemented,varied or discharged,except by an
instrument in writing signed by both parties The validity,construction and effect of this contract shall be governed by the
laws of the State of New York,regardless of the place or perfbmumce.THE PERSON EXECUTING THIS AGREEMENT
ON PURCHASER'S BEHALF WARRANTS HIS/HER AUTHORITY TO DO SO,AND SUCH PERSON HEREBY
PERSONALLY ASSUMES LIABILITY FOR THE PAYMENT OF SAID PRICE IN FULL The terms"PURCHASER"and
"ARTIST"as used herein shall include and apply to the singular,the plural and to all genders
Melinda DooCittle Entertainment City of Kent Arts Commission
Melinda Doolittle Ronda Bi&erbeck
xo ��C
Melinda Doolittle
2010 Solo Rider
PART 1 GENERAL RIDER
PURPOSE
This rider is attached to and incorporated in the Contract dated 1 by and
between Melinda Doolittle Entertainment, hereinafter referred to as PRODUCER, and
Ck D kj- hereinafter referred to as PURCHASER, for the engagement at:
K-14'gwood- PAC-1 in on: ZS II
(venue) (city/state) (date)
As the PRODUCER of the Melinda Doolittle show, we would like to thank you, the
PURCHASER, for your cooperation and enthusiasm in fulfilling the following requirements
and your concern for the successful completion of this production. This rider is in four parts
the general, technical and the catering section, followed by a signing page.
This rider is designed to help you, the PURCHASER, and any of your employees, organize
thoughts and plans as the concert date approaches. Please read the entire rider upon receipt. If
there is a question or problem, please call right away so we can work it out
All deposits and travel advances are to be in the form of a c�� wide, made
payable to The Agency Group, Ltd. so we may note your acknowledgement of the requirements.
You may keep one copy of the rider for your use in preparing for the concert.
Balance of payment is requested by the PRODUCER in the above mentioned check forms to be
made payable to Melinda Doolittle Entertainment, EIN#27-0821347.
ANY MARKS, COMMENTS, WRITTEN IN CHANGES, OR AMENDMENTS MADE TO THIS
RIDER MUST BE APPROVED BY PRODUCER.
Melinda Doolittle 2010 Solo Rider 1
4/22110
1. Permits,Licenses, Certificates
PURCHASER, at his sole cost, shall obtain all licenses, permits, certificates, authorizations,
and/or other approval required to be obtained from any union, guild, public authority,
performing rights society, or other entity properly having jurisdiction over or with respect to
the engagement Please note that all songs performed by the artists are in the catalog of
ASCAP, BMI, or SESAC.
2. Advertising
No advertising in any form can be issued prior to receipt of a signed contract from the
PRODUCER. Once a signed contract is issued, the PRODUCER must approve all
promotional materials. All biographies, photos and other items used by the PURCHASER in
the advertisement and promotion of the Melinda Doolittle concert must be either supplied by
or approved by PRODUCER
3, Complimentary Tickets
PURCHASER must provide PRODUCER with 8 complimentary tickets per performance.
PURCHASER may not use more than 25 comp tickets without prior approval of
PRODUCER.
4. Insurance
It is agreed that the PURCHASER shall maintain in effect a policy of Workman's
Compensation Insurance covering all of its employees who are involved in the installation,
operation and/or maintenance of the equipment provided by the PRODUCER.
PURCHASER shall further indemnify and hold the PRODUCER, its contractors, employees,
licensees, and designers harmless from and against any loss, damage, or expense. This will
include reasonable attorney's fees incurred or suffered by or threatened against the
PRODUCER in connection with or as a result of any claim for personal injury or property
damage. Or, otherwise brought by or on result of any claim for personal injury or property
damage Or otherwise brought by or on behalf of any third party person, firm, or corporation
as a result of or in connection with the performance, which claims does not result directly
from the PRODUCER, its employees, contractors or agents, active gross negligence. To
this end, PURCHASER will obtain at it's sole expense, a policy of insurance therefore
naming the PRODUCER and Melinda Doolittle and representatives as addifioRal-ems
in amount required by building contract but in no event to be less than, $1,000,000.00
�( l 1S �
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PART 2 TRAVEL RIDER
1. (If applicable) It will be the PURCHASER's sole responsibility to obtain and pay for all
expenses such as any fees for foreign customs clearance, work permits, foreign union dues,
duties or tax constancy. It is also the responsibility of the PURCHASER to obtain and satisfy
any other type of documents or required payments to allow the PRODUCER, his entourage and
their equipment to enter and work within the hosting country.
2. PURCHASER to provide and pay for ground transportation for up to 2 People including their
luggage. This transportation will be for but not limited to any airport arrival and departures, to
and from hotel, to and from the venue for load4n, sound check, performance and load outs. It
will also be necessary to make available ground transportation for any other of the
PRODUCER's personal needs as well as press and promo appearances. W4 aria
3. PURCHASER to provide and pay for a minimum of aASftrftffAeryice hotel with in roomY-'2r
Internet access. The PRODUCER's M nor to booking, must approve all hotels. The Pby
number of 2 rooms to co single room with Queen bed and 1 Suite with King bedPb
(ALL NOWSMOKIN ust be adjacent rooms.
4. PURCHASER to provide and pay for 2 flights- pr ed airlines: American and Southwest.
Both tickets MUST be booked as "Busines ss" or"Instant Upgrade" if using American
Airlines or"Business Select" if usi thwest Airlines. All airfare tickets MUST be approve
by PRODUCER's Mana prior to final booking to verify times and dates can coordinate
with Melinda Dool' nd entourage's schedule.
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PART 3
TECHNICAL RIDER
1. Production Schedule I Labor Calls I Sound I Lighting requirements.
All production labor, sound and lighting "calls" will be determined by the
PURCHASER based on production needs to meet the PRODUCER's requirements.
All sound and lighting production packages for each concert must be approved by the
PRODUCER's Manager two (2)weeks prior to engagement.
2. Stage Set Up (If a Stage Needs to be Constructed)
18' feet wide, 12'feet deep, at least 36 inches high,with 20 feet of overhead clearance.
3. Sound and Lighting Area Requirements
These areas are to be determined by the needs of the local production company hired by
the PURCHASER
4. Audio Requirements
PRODUCER will require one (1) knowledgeable, professional audio engineer for the
duration of sound check through the end of performance. This person will be an
Intricate part of the show, as they will have to cue and play the CD tracks as cued by
Melinda Doolittle.
(Please send PRODUCER's Manager a complete list of equipment at least two weeks prior
to show)
FOH:
Please supply a FOH console that send the monitor mixes back to stage.
Some examples of acceptable consoles in order of preference would be-
1 x Yamaha PM1 D or Yamaha PM5D or Midas Heritage 3000 or Midas XL4
(minimum of 24 inputs)
All necessary cabling and PSU's for above consoles
(If not a digital console, then the following MUST be provided):
2 x Compressors (Drawmer preferred)
1 x Digital Delay (TC D2, TC 2290)
2 x Reverbs (Lexicon, TC, Yamaha)
1 x CD Player (THIS 1S A MUS7)
PA must cover the entire venue and measure 105 dbA at mix position with
less than 0.1 % harmonic distortion
Acceptable PA types are: JBL VERTec
V-DOSC with dV-DOSC supplement
Clair Bros. i5 or i3 Line Array
Meyer Milo system
EAW 760 system
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Monitors: (if monitor mixes are originating from FOH then those mixes MUST
be set-up PRE-Fader and PRE-EQ. It would be best to duplicate all the
channels to have better control between monitors and FOH.)
2 x Sennheiser G2 series or evolution 300 series systems or Shure PSM700
IEMs (All frequencies must be tested, free of radio interference and in
excellent working order prior to Melinda Doolittle's arrival) All mixes are to be
set-up in stereo. One unit is for use by Melinda Doolittle, the other is spare.
AND
3 x bi-amped professional wedge monitors consisting of either 1 x 12" driver
and 1 x 4" compression driver
Miscellaneous Audio:
All necessary cabling for patching FOH and Monitors
Stage cabling to patch according to input list and stage diagram
Microphones and stands according to input list
Spare microphone cables and speaker cables
An even mixture of tall microphone stands with telescoping boom arms and
straight stands as per input list.
5. Lighting System
PRODUCER will require a knowledgeable and professional lighting director to run the
lights from the start of sound check through the end of the performance.
Please use the attached stage plot for reference of focus. We expect a professional looking
lighting show with color changes to fit the "mood" of each song.
6. Spotlights
One (1) house spotlight and spot light operator.
7. House-lights
Please make arrangements for all lights not specifically required by local safety ordinances
to be turned off in the audience area during the performance. Please have an operator
available during the show.
8. Sound Checks (Closed to Public)
Sound checks should occur approximately 3 hours prior to concert time.
9. Internet—connection to be made available in dressing room
If WiFi is available in the building, please provide any passwords needed to connect
If WiFi is not available, please provide one Ethernet connection with no Firewall block.
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10.Show Security
Please provide adequate security positioned to meet the objective of securing the back
stage area. We will require one (1) security person to oversee and assist Melinda Doolittle
during any autograph session before or after the performance.
11.Merchandising
Terms to be dictated in contract.
For all merchandising questions please contact.
Cherry Wood (615) 400-8609; at cherry@mellndadoolittle.com
At no time will any merchandise be sold or otherwise distributed bearing the name or
likeness of Melinda Doolittle unless authorized in writing by the PRODUCER'S
Management
Melinda Doolittle
NO. INPUTS MICS STND 48V
1 Melinda Vocal SM58 RF Tall Straight Wireless
2 Melinda Spare SM58 RF Tall Straight Wireless
3 CD Left
4 CD Right
5 Pod Left Please Provide
6 Pod Rohl 1/8"stereo Plua
7
8
9 TB to stage
16 TB from FOH
Diagram of Mic and Monitor Placement (Front of Stage);
mic
we ®
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PART 4 CATERING RIDER
LUNCH & DINNER:
PURCHASER to provide Hotel R ervice Stipend at$50 per room per day.
PART 5 Dressing Room Hospitality
PRODUCTION OFFICE (If applicable):
Please deliver to Production Office NO LATER THAN one hour prior to doors:
Six(6) clean, dark colored hand towels for the stage
Twelve (12) 16.9 oz. bottles of water, room temperature, for the stage
DRESSING ROOMS:
PURCHASER is to arrange for One (1) dressing room for exclusive use of PRODUCER'S
personnel. The rooms are to be freshly cleaned, have lighting, tables, trashcan, working
electrical outlets, full length mirror, and attached bathroom for exclusive use of the
PRODUCER. Please keep in mind that due to security needs, any back stage restrooms will
be unavailable to the public. Rooms will be assigned and marked as follows:
1) Melinda Doolittle
Vernors Gingerale- In the can (No Substitutions. If Vernor's is unavailable, please disregard.)
Assorted juices— 100%juice Individual bottles please: 2 Apple, 2 Cranberry Cocktail, 2 Ruby
Red Grapefruit
Coca-Cola Individual bottles please: 3 Regular and 3 Diet
Bottled Water 12 Individual bottles please
Fresh Ice in container with Lid and Scoop
Fresh (cut)fruit(Please choose from the following: Mango, Strawberries, Blackberries,
Raspberries, Blueberries, Kiwi,Apples) NO CANTELOPE
Whole Bananas Sm Bunch
Vegetable Tray with Dip
Hummus with Pita Chips
Triscuits with Laughing Cow Cheese
Hershey's Kisses (Assorted)
Electric Teapot
Asst.Teas (both black and herbal)
Honey
Lemon
Paper or Styrofoam coffee cups
Paper plates
Paper napkins
Plastic Utensils
Straws
2-3 Hand towels
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PART 6 COMPLETION OF TERMS
All attached and enclosed forms must be completed and returned with the contract and rider.
Any additional forms, which are sent to PURCHASER, must be completed and returned within
seven (7) days upon receipt of contract.
RIDER AND TECHNICAL RIDER HAS BEEN AGREED AND ACCEPTED
I'll-014
HASER PRODUCER
Kelley Norris,
Melinda Doolittle Entertainment
5 0
DA —ES-1 G ED DATE SIGNED
Management Contact Info: Booking Agency:
Melinda Doolittle Entertainment The Agency Group, Ltd.
2000 Mallory Lane Larry Shields
Suite 130-520 310-385-2800 Office
Franklin, TN 37067 larryshields@theagencyarouo.com
Office 615.400 8609
Andrea Johnson
212-581-3100 Office
andreaiohnson(cD-theageneyaroua.com
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