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HomeMy WebLinkAboutCAG2010-0636 - Original - Suzanne Vega - Spotlight Series: Musical Performance - 07/28/2010 Records M nagemen -/ KENT Document WAS A)N GTOA 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. �j 1 Ulll JD Edwards Number Contract Number: JeL1l l This is assigned by City Clerk's Office _ Project Name: G- to G U l Description: n Interlocal Agreement ❑ Change Order O Amendment Contract p Other: Contract Effective Date: (,0 ( Termination Date: Contract Renewal Notice (Days): �JV Number of days required notice for termination or renewal or amendment Contract Manager: 616ADepartment: � � Detail. (i.e. address, location, parcel number, tax id, etc.): S:Publlc\RecordsManagement\forms\ContractCover\adcc7832 1 11108 KENT WASHINGTON CONTRACTOR SERVICES AGREEMENT between the City of Kent and Suzanne Veqa, c/o Opus 3 Artists THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Suzanne Vega, c/o Opus 3 Artists located and doing business at 470 Park Avenue South, 9`h Floor North, New York, NY 10016, 212-584-7500 (hereinafter the"Artist") I. DESCRIPTION OF WORK. Artist shall perform the following services for the City Description: Suzanne Vega (hereinafter referred to as "Artist")will present one public performance (as a duo, with guitarist) as part of the Kent Arts Commission's "Spotlight Series " Start Time/Duration/Stop Time: 7 30 p m /approximately two hours including intermission19 30 p m Day, Date, Year: Saturday, January 29, 2011 Event Location: Kentwood High School Performing Arts Center, 25800 164ih Ave 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 Outreach: Artist will conduct one (1) community/educational outreach activity TBD (either Friday, January 28 or Saturday, January 29) Lodging: City will provide four(4) hotel rooms (one suite, three singles) on the nights of Friday, January 28 and Saturday, January 29, 2011 Meal(s): City will provide a meal and refreshments as specified in the attached rider" Billing: "Suzanne Vega" 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 January 29, 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 atthe time those services are performed II. COMPENSATION. The City shall pay Artist the total sum of $7,500.00 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 $3,750 00 will be paid, by City of Kent check, to Opus 3 Artists upon complete execution of contrac The balance of$3,750 00 will be paid, by City of Kent check, to Suzanne Vega 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 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 lJ Gv� hft lAt�"f hem Nor�� 0 t Z��� CONTRACTOR SERVICES AGREEMENT- 1 (Under$10,000—Sole Performer) IV. PERFORMANCE SPACE. The City agrees to furnish, at its sole cost and expense, a place'of performance on the date(s) and at the time(s) contained in Section I The City shall also provide ushers, a house manager, and box office staff and any additional services and personnel as required by the City, for the efficient operation of the engagement Other arrangements will be the responsibility of the City and Contractor as follows below Venue: City will provide proscenium theater Kentwood High School Performing Arts Center Sound: City will provide sound system according to Contractor's technical rider Lights: City will provide lighting 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 Contractor's 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 VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence, including assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction delivered in accordance with this Agreement constitutes an infringement of any copyright, patent trademark, trade name, or otherwise results in unfair trade practices The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification The provisions of this section shall survive the expiration or termination of this Agreement Vill. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference IX. TERMINATION AND BREACH Either party may terminate this Agreement with or without cause, upon providing the other party ninety (90) days written notice at its address set forth on the signature block of this Agreement All costs incurred by the City due to Contractor's failure to comply with the terms and conditions of this Agreement shall be the responsibility of the Contractor The City may deduct its costs from any payments due to the Contractor or pro-rate CONTRACTOR SERVICES AGREEMENT-2 (Under$10,000—Sole Performer) e 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, awl 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, discnminate 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 Vil 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$10,000—Sole Performer) rt IN WITNESS,the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR:: CITY OF KE T: By Ara By M"t t':�L h` �((signature) (sig tune) Print Name lS�SO Print Name Lori Ho a Its 5 Its Superintendent, Recreation and Cultural Services (6fle) title) DATE C v t u DATE `��j�•1 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: npoS Ronda Billerbeck, Cultural Programs Manager City of Kent 220 Fourth Avenue South Kent, WA 98032 (telephone) (facsimile) (253) 856-5050 (telephone) (253) 856-6050 (facsimile) F�iMUOPMS=WRACNin1NelContrw1 FIMLSI oneullentS*n OSAWe nbWeelgCMYieR PMamelSmau ex / I �i l-tc�,t$r-�r-ors Mi C1-�k 1e4oA-A-Srv—ou-� Ar"Jri S*- CONTRACTOR SERVICES AGREEMENT-4 (Under$?0,000-Sole Performer) EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract CONTRACTOR SERVICES AGREEMENT-5 (Under$10,000—Sole Performer) W470 Park Avenue South,9th FI North, New York, NY 10016 T 212 584 7500 1 F 646 300 8200 O U www opus3artists com ARTISTS Suzanne Vega Duo Rider with Gerry Leonard, guitarist RIDER TO CONTRACT DATED BETWEEN HEREINAFTER REFERRED TO AS "PURCHASER" AND OUTSIDER ARTS FIS/O SUZANNE VEGA (HEREINAFTER REFERRED TO AS "ARTIST") 1. Adequate security must be provided by the purchaser to protect the Artist. 2. No part, portion or segment of the Artist's performance is to be reproduced either audio or visual without the express permission of the Artist. 3. In the event that the Purchaser, it's agents, servants, employees, contractors, etc , reproduce or cause to be reproduced, the Artist's performance 1n the form of film, tapes or any other means of audio or visual reproduction, the Purchaser shall be liable to a claim for liquidated damages in addition to all other legal remedies which the artist may have 4. Purchaser is responsible for ensuring that no member of the audience is permitted to enter the auditorium in possession of any means of reproducing the Artist's performance be it audio or visual. 5. In the event that the Artist shall become ill or incapacitated,the Artist shall not be required to perform the engagement and neither party to this agreement shall be entitled to retain any advance payment/guarantee received. 6. Neither ARTIST nor PURCHASER shall be liable for failure to appear,present,or perform if such failure is caused by or is due to acts or regulations of public authorities, labor disputes, civil tumult, strike, war,terrorist act, epidemic, interruption or delay of transportation service, denial of visas, acts of God or any additional cause beyond the control of either ARTIST or PURCHASER. ARTIST shall have the option to terminate this Agreement in the event of personal illness or the death or life threatening illness of an immediate family member or a featured performer. If ARTIST shall so terminate this Agreement, ARTIST shall be excused from the performance of any and all of ARTIST's obligations hereunder. 7. The Purchaser shall make provisions for a reputable doctor to be on 24-hour call. 8. Technical Requirements: This is a concert with guitarist Gerry Leonard. Please contact Michael Hausman Mgmt. for current biography and include in all programs. 1 kW per 100 people. Stereo 4-way system is preferred. 1 24 channel console with a 4 band semi-parametric eq for Front of House Drive rack with 2 stereo 31-band equalizers over stereo buss, 4 compressors, 3 high quality reverb units, and 1 Digital Delay Unit. Enough microphones, mic cables, and stands for the sole use of Suzanne Vega. 1 24-channel monitor console with a minimum of 4 aux. sends for monitors 4 biamped monitor wedges, 15x2 wedges preferred 31-band eq's for each mix 3 guitar stands - 2 of which should be specifically for acoustic guitars 2(two)Manhasset style music stands I(one)Fender Princeton guitar amp 1(one)Mesa Boogie Lonestar Special 1 xl 2 Combo amp (no substitutes please) 9 With respect to all counterfeit tickets, the Purchaser is liable for any and all counterfeit tickets and under no circumstances should the artist assume a loss on these tickets. 10 It is fully understood and agreed that no deductions related to taxes are to be taken from the contract price containeallimentary in. 11. Artist requires 4 enty.( tickets to be situated in a prime location. The promoter is not authorized to supply complimentary tickets to radio, retail, or any other promotion without written permission from the artist. 12 Soundcheck—the Artist requires at least 60 minutes. 13. Artist requires one (1) dressing room, which must be lockable, and the key must be given to the Artist's tour manager upon their arrival This room must be clean, comfortable, have adequate electrical outlets, washing facilities with hot and cold running water, private toilet, adequate lighting, at least one (1) full-length mirror and seating for ten (10)persons. 14. The Tour Manager or rep requires access to telephone/fax at all times. 15. The dressing rooms should be set up by 4.00 PM unless otherwise directed. Artist requires six (6) large clean terry type towels and three (3) bars of soap 16. ACCOMMODATIONS: Presenter shall provide at no cost to Artist, One (1) suite and three (3) Single rooms in a tiel-uxe-Lhotel located in the central part of the city Hotel must be within walking distance of numerous restaurants. The suite is to be a NON- SMOKING suite on a NON-SMOKING floor without exception. Said accommodations are to be made available to Artist one (1) day prior and one (1) day after engagement, in addition to day of performance, if required by Artist. Artist agrees to notify Presenter at least one month prior to engagement if additional hotel nights will be necessary and not to unnecessarily extend the length of stay. Presenter must pay, in advance, all room and tax charges for hotel rooms. Artist shall be cu>cJ ttotb responsible for all incidental charges including meals, movies, phone calls, and laundry. Y,64 . . 0��'l - Definition of deluxe hotel is a five star hotel such as a Westin, Four Seasons, or VVkj- lS equivalent ' S� '' Please advise immediately if there is any construction, remodeling, or any other possibly �At-ZOLL.�'j disturbing activities taking place in or near the hotel. Rooms should not be on the ground --Tw floor, near vending machines ice machines or near elevators. 17. Catering- Suzanne is on a no yeast, no sugar diet. Artist requires hot meals (no fast food) for five persons, or a$20 (or US Dollar equivalent) buy out provided The time of meal shall be determined by the tour manager. Dinner should consist of: -A main course (meat, fish, or poultry) including vegetarian option - At least two (2) fresh vegetables - Potatoes or rice - Salad and fruit trays + all condiments and utensils. please note: No onions, peppers, eggplant,or lobster Prior to the Artist's arrival time, the following should be available in the Artist's dressing room: Fresh regular& decaffeinated coffee Assorted Teas. Regular chaff, Decaf chai, Earl Grey or Irish Breakfast, Pau D' Arco and/or Rooibos 1 Jar of honey 2—Fresh Lemons Organic unsweetened cocoa Sugar substitutes (available at health food store):Lo Han Sweet, Xylitol, Stevia or Stevia Plus in any form (liquid,packets, shaker, tub, etc) Splenda is substitute of last resort. On Ice: 1 - Fat Free Lactaid 1 - Litre of fresh orange juice 2 - Litre of sparkling spring water 1 - Gallon of Still Spring Water 6—C~arrs­wtm fi Tz+Hooga-rdon q:.anniher quality bel�Qi_ �� 6 - Cans of Pepsi Max 1 —Carrot Juice Sf�0_I ao l 1=1 tittle O D 1_*, bite waste- P/l 1�lSettle-o f-r-P.d-bu r-gu-tdy-©r-good-qualit-y-red-wine{-Rren6 4taI i an) Bottled vat r�(1?_lat-roDm-emperature ---- Small Fresh vegetable tray with dips Small Fresh fruit tray Assorted sandwiches (with vegetarian option) 1 - Package RyVita crackers, esp. sesame Pita bread+hard crust bread Hummus & Cous Cous 6 - Large towels for stage Bottled water for stage Locketts or Halls Mentholyptus Cough Drops (Honey&Lemon) 18. Artist maintains sole and exclusive right to sell merchandise. 19. Purchaser shall indemnify and hold Artist and all persons and entities (Management personnel, employees, agents, representatives, and attorneys)harmless from and against any and all claims, demands, actions, damages, liabilities,costs and expenses (including attorney's and other professional fees) arising out of or in connection with the concert unless same is caused directly by the tortuous conduct of the Artist or any of the indemnified persons. 20. Purchaser is responsible for and must have its own adequate public liability and property damage insurance policies. 21 Artist shall have the right to cancel the Engagement without liability, by giving Purchaser notice thereof at least sixty (60) days prior to the start of the Engagement for any film, TV or radio commitments. 22. In the event of any breach of conditions herein, the Artist may cancel the performance without an further liability to the Purchaser and the Purchaser is obliged to P Y Y g pay the full Contract price to the Artist. 1 , 23) The validity, construction, and effect of this agreement and any and all extensions or modifications thereof shall be governed by the laws of The State Of New York and all disputes shall be determined by the courts of The State of New York. 24) For all press and marketing inquiries please contact Will Simon at Michael Hausman Mgmt at 212-505-1943 orwill@michaelhausman.com Mailing address: 826 Broadway, 4th Floor,New York,NY 10003. 25) 50% deposit made payable to 'Outsider Arts Productions Inc.' due 90 days prior to performance and sent to Outsider Arts Productions Inc., c/o Stuart A. Ditsky, 475 Park Avenue South, 24th floor, New York NY 10016. The remaining balance should be made payable to 'Opus 3 Artists' and handed to the tour manager at intermission. Please note the correct spelling of"Suzanne Vega" for all print ads, posters, press, etc. ACCEPTED BY: 4RCHASCR DATE (t be j—, Printed Name r 'lf S 211 ORGANIZATION FOR ARTIST: : ICHAEL HAUSMAN MGMT DATE OP 3 ARTISTS DATE