HomeMy WebLinkAboutCAG2011-0617 - Original - Amy Hanaialii - Spotlight Series: Musical Performance - 05/16/2011 Lecords M geme�r
KENT Document
WASHINGTON
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.
R
Vendor Name:
Vendor Number:
ID Edwards Number
Contract Number:
This is assigned by City Clerk's Office
Project Name: �blllbjl 6Pf%lj
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other: r I
Contract Effective Date: Ctam`I if Termination Date:
Contract Renewal Notice (Days): �,-Aj _
Number of days required notice for termination or ren wal or amendment
Contract Manager. Department:
Detail: (i.e. address, location, parcel number, tax id, etc.):
s Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
KENT
W A 5 H 1 H G,o ff CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
Amy Hanaiali'i c/o HA Talent
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and Amy Hanaiali'i, c/o Susanne Kagami, HA Talent located and doing business at P.O. Box 31271, San
Francisco, CA 94131 (hereinafter the "Contractor")
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City
Description: Amy Hanaiah'i (hereinafter referred to as "Contractor")will present one public
performance as part of the Kent Arts Commission's"Spotlight Series"
Start Time/Duration/Stop Time: 7 30 p m /approximately two hours including intermission/9 30 p m
Day, Date,Year: Saturday, September 24, 2011
Event Location: Kent-Meridian High School Performing Arts Center, 10020 SE 256t" St , Kent,
WA 98030
Merchandising: Contractor 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 Contractor at the performance
City will retain 15% of the receipts when Contractor provides sales staff and 20%
of the receipts when City provides sales staff
Lodging: City will provide five (5) hotel rooms for the nights of Friday, September 23 and
Saturday, September 24, 2011
Meal(s): City will provide a meal and refreshments as specified in the attached rider
Billing: "Amy Hanaiah'i " 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
September 24, 2011, with the exception of venues previously discussed and
mutually agreed upon
House seats: City will hold ten (10) complimentary house seats for Contractor, to be released
24 hours prior to curtain if not notified by Contractor
*The attached rider Is part of this agreement
Contractor further represents that the services furnished under this Agreement will be performed in accordance
with generally accepted professional practices in effect at the time those services are performed
II. COMPENSATION. The City shall pay Contractor the total sum of$5,000.00 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$2,500 00 will be paid, by City of Kent check, to Hawaii Music Live upon complete execution of contract The
balance of$2,500 00 will be paid, by City of Kent check, to Hawaii Music Live 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
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
CONTRACTOR SERVICES AGREEMENT- 1
(Under$10,000—Sole Performer)
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 Kent-Meridian High School Performing Arts Center
Sound: City will provide sound system according to Contractor's technical rider
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 1s 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
the Agreement amount based upon the actual time of Contractor's performance compared to the contracted performance
schedule
CONTRACTOR SERVICES AGREEMENT-2
(Under$10,000—Sole Performer)
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
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)
IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date
entered below.
CONTRACTOR: CITY OF KE T:
Y B AV
B f (signatur�/_, Y gna )
Print Name s 9JLZ i Q.l'►� Print Name Lori Ho an
Its i 4W- v /mil u-" Its Superintendent. Recr ation Cultural Services
(title)
DATE �I (Ill DATE
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Gt Kru- G(YILt Ronda Billerbeck, Cultural Programs Manager
AjA City of Kent
I 220 Fourth Avenue South
E2i5-, L i eA t 31 Kent, WA 98032
(xS 46--yS2•Y7 telephone)
C0-1 ,— (facsimile) (253) 856-5050 (telephone)
(253) 856-6050 (facsimile)
P 1CrviWORMS`LONTRACN(mtNe ontre FINALSConsJantSeNv es gree ents\PsksContrad Ped—Smsll Erc
CONTRACTOR SERVICES AGREEMENT-4
(Under$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)
A Premier Hawaiian Talent Resource
po box 31271,A ca 94131
415.452.8720
City of Kent, Cultural Programs/Contract No. 04042011
This contract is for the services of the artist(s) mentioned on the engagement described below, made this day,
4/4/2011, between the undersigned Purchaser(hereinafter called "Purchaser")and undersigned Manager
(hereinafter called "Manager") This contract is valid for two weeks from contract date above Please return as
soon as possible to secure this date and negotiated fee
ARTIST- Amy Hanaiali'I Gilliom
ENGAGEMENT#1 1/24/2011
22D-EauAh-Aveau.e_Setlth
VENUE Kent-WA-98033=5895
253.856 5050 Ronda Billerbeck
CAPACITY TICKET PRICE- n/a
LOAD IN (1 j/ SOUND CHECK Tj?JD
LENGTH 2-45 minute sets DOORS OPEN (l?
INTERMISSION PERF TIME a ,7)U
Terms- $5000 00 guarantee to include ground transportation, meals for 5 night of show or$45 per person per diem
and 5 double occupancy hotel rooms for two nights.
Taxes/Additional Agreements,
Additional requests Secure green room for artists and merchandise/signing table available near the stage
Payment Terms: Purchaser agrees to pay the following
Business check to HAWAII MUSIC LIVE, P O Box 31271, SF, CA 94131
$ 2,500 (50%)due with signed contract to hold the date
$ 2,500 (50%)due day of performance
Merchandise Policy: Artist reserves the right to sell commercial merchandise before the performance, during
the intermission and at the conclusion of the performance A table must be provided Artist will be available for C(1�
photos and autographs after the show 100% 5;
cc c<Cf
Sound. Purchaser to provide the following sound requirements for artist
See attached tech rider
Environment and Leis Artist needs a smoke-free,fragrance-free environment to perform A secure green-room
(lounge)away from the audience is appreciated before and dunng intermission of the show Bottled water on
stage for each performer helps the show be at its best Although appreciated fresh leis are not required or
expected for the show
Contract Amy Hanciali'i
Rev 1, 1.6.11
Any attachments, rider or addenda are binding parts of this contract.
1)The Agreement of the Artist to perform is subject to proven detention by sickness,strikes, adverse weather condition,acts
of God,or any other legitimate condition beyond Its control,for which the artist will not be held responsible for any loss
incurred by the Purchaser,as a result thereof
2)No performance by the artist pursuant to the contract shall be recorded, reproduced or transmitted from the place of
performance in any manner or by any means whatsoever in the absence of a prior written agreement with the artist relating to
and permitting such recording, reproduction,or transmission
3)Purchaser warrants that he or she is of legal age, has the right to enter into this contract,and in signing this,acknowledges
his authority to do so, and hereby assumes liability of the amounts stated herein
4)Purchaser agrees to pay a 50%of the performance fee and 100%of any lodging or travel obligations as agreed
above,if the agreement is canceled within 12 weeks of event date.
In witness whereof, the parties have executed this Contract on the respective dates shown by their sign Vures.
4/4/11 V
Susanne Kagami, Manager / Date Ronda Billerbeck, Purchaser / Date
HA Talent Kent Washington Performing Arts Center
P O Box 31271 220 Fourth Avenue South
SF, CA 94131 Kent WA 98032-5895
415 452 8720 phone/fax 253 856 5050 Ronda Billerbeck
Susie_Kagami@HAtalent com Ronda Billerbeck <RBillerbeck@ci.kent.vva.us>
Contract Amy Hanaiali'i
-Hawaii's top-selling female vocalist
*Na Hoku Hanohano Female Vocalist of the Year 1998, 2000,
2002, 2007
Na Hoku Hanohano Album of the Year, 1998, 2010, 2007
*Na Hoku Hanohano Contemporary Album of the Year 2009
eNa Hoku Hanohano Christmas Album of the Year 2008
eNa Hoku Hanohano Hawaiian Album of the Year 1998, 1999, q premier Hawaiian Talent Resource
2007
-Na Hoku Hanohano Song of the Year, 1999
*Na Hoku Hanohano with Willie K Group of the Year, 1999
*Five-time GRAMMY®Award nominee 2011, 2010, 2009, 2007, 2005
Amy's show is accompanied by Hula,the cultural tradition of telling of a story or legend through the grace and
beauty of dance Offerings include the radiance of a solo dancer or the captivating presence of a large Hula
ensemble if available in venue area.
Offerin¢: Five piece band plus Hula
Vocals, Bass Guitar, Rhythm Guitar, Solo Guitar, Percussion plus Hula Dancer
Sound: Backline-Drum Set wish list:
1 DI for bass or bass amp Kick Drum 20" or 22"
2 DI for guitars Snare. 10 lug wood snare with coated power stroke
5-7 macs for drums 3 head
1 vocal mic—wireless if possible Rack Tom 1:8"X 12"
3 wired macs for 2 guitars and bass vocal backup Rack Tom 2 9 X 13
5 separate monitor mixes if possible Floor Tom: 14"X 14" or 16" X 16"
Cymbals(Jazz Style)- - 20"-21" med thin ride/16"-
18" med crash/14" hi hats
Lights:
2 spots—one spot for Amy, one soft spot for Hula dancer(if available)
Soft back lights on ballads/Bright pink, reds,yellow back lights on faster songs
Hospitality:
Dedicated Dressing Room with mirrors and iron to share between Amy and Hula dancer
Dedicated green room for Band (if available)
Bottled Spring Water for stage and green room
Dinner for 7 or$140 ($20 per person) per diem for night of show
Lodging/Transportation:
5 Hotel Rooms,.meals.for artists and ground transportation for the duration.of.the.visit
Amy Hanaiali' 2011-2012:3 pages
HA- P.O.Box 31271, SF, CA 94121 /Susie Kaaami@HAtalent com /415-452-8720