HomeMy WebLinkAboutCAG2011-0600 - Original - Brubeck Brothers Quartet - Spotlight Series: Musical Performance - 05/25/2011 ecords M e-men
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.
Vendor Name:
Vendor Number: I
JD Edwa/ /
rddssNumber
-�I`Contract Number: ! I— I
This is assigned by City Clerk's Office
Project Name:
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date:— � —� Termination Date: 1
Contract Renewal Notice (Days):
Number of days required notice for terms tion or ren1wl amendment
i
Contract Manager: epartment:
Detail: (i.e. address, location, parcel number, tax id, etc.):
s Pubtic\RecordsManagement\Forms\ContractCover\adcc7832 J 11/08
��•/ KENT
WASH I N GTO N
CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
Brubeck Brothers Quartet c/o Berkeley Agency
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and Brubeck Brothers Quartet, c/o Berkeley Agency located and doing business at 2608 91h St. #301,
Berkeley, CA 94710-2656, 510-843-4902 (hereinafter the "Artist")
I. DESCRIPTION OF WORK.
Artist shall perform the following services for the City
Description: Brubeck Brothers Quartet(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, April 6, 2012
Event Location: Kentwood High School Performing Arts Center, 25800 164th 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) school educational outreach activity on April 6, 2012
(details TBD)
Lodging: City will provide four(4) non-smoking hotel rooms(3 singles, 1 double) on the
nights of Thursday, April 5 and Friday, April 6, 2012
Meal(s): City will provide a meal and refreshments as specified in the attached rider
Billing: 'Brubeck Brother Quartet° 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 April
6, 2012, 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
Il. 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
deposit of$1,875 00 will be paid, by City of Kent check, to the Berkeley Agency upon complete execution of contract The
balance of$5,625 00 will be paid, by City of Kent check, to Brubeck Music, Inc prior to the performance
III. PRESS MATERIALS. Contractor agrees to provide to the City where appropriate, at his or her own
expense, complete press materials, including hard copy or high resolution electronic photographs, biographic
descriptions, and program materials, not less than six (6) weeks prior to the initial event date for the City's use in
promoting the event All publicity and promotional materials regarding the event released to the media or public by the
Contractor shall credit the City of Kent for its support of the event or project
IV. PERFORMANCE SPACE. The City agrees to furnish, at its sole cost and expense, a place of
performance on the date(s) and at the time(s) contained in Section I The City shall also provide ushers, a house
CONTRACTOR SERVICES AGREEMENT- 1
(Under$?0,000—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 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 nder 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 he 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
VI I. 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 KENT:
By: / By 100
nature) (s r `�' ature)
Print Name 1` f' 6 e-c-vL Print Name Lori Hogan
Its Its Superintendent Recr n and Cultural Services
t
(title) le
DATE DATE
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
_ Ronda Billerbeck, Cultural Programs Manager
6"" '~ 2608 Ninth Street #301 — City of Kent
•E
— Berkeley, CA 94710 - Kent,
Fourth Avenue South
o www berkeleyogency co - Kent, WA 98032
ncV 510-843.4902
_ (253) 856-5050 (telephone)
(253) 856-6050 (facsimile)
P 1CNIIFOPMSK.ONTMCT'Kei1NYCaMCYFWAL81CouWnl3arvkesPpeemei4lPa,laLaNat PeNorma,3me Ew
CONTRACTOR SERVICES AGREEMENT-4
(Under$90,000-Sole Performer)
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract
CONTRACTOR SERVICES AGREEMENT-5
(Under S 10,000—Sole Performer)
B E R K E L E Y 2608 9th St#301
Berkeley,CA USA
94710-2556
p.510-843-4902
f 510-843-7271
ORmail@berkeleyagency corn
www berkeleyagency com
A G E N C Y
CONTRACT AND ANY APPLICABLE DEPOSIT(S) MUST BE RECEIVED BY DATE(S)
SPECIFIED BELOW OR ARTIST HAS THE RIGHT TO VOID CONTRACT
CONTRACT
This contract for the personal services of the musicians on the engagement described below between the undersigned
purchaser of music and the undersigned musicians made this day of 4/5/2011
1. Name and Address of Place of Engagement: Kent Agt`er+A+art High School
.woes-s�h--/, Leo 1(oq `' five_ 56
Kent,WA
Name of Group- Brubeck Brothers Quartet (Po vf(A
Number of Performers- Four(4) 1
2. Dates and Starting Times: Fri April 6,2012 7:30-9 00 PM (2)50 min sets
60 min workshop Times TBD.
3 Type of Engagement Concert&Workshop
4. Compensation Agreed Upon $7,500.00 guarantee plus any attached riders plus Hotel Accommodations of 3 Singles
and 1 Double for 2 nights 415-6112 plus all local ground transportation,
Purchaser Will Make Payments As Follows- $1,875 00 payable to the Berkeley Agency due no later than 6/1/2011
Remainder of$5,625.00 payable in full to Brubeck Music, Inc prior to performance
Payments are to be made via Business,Cashier's checks or Cash or wire transfer to Berkeley Agency Artist Acct#0125-099-069,ABA#
1210-00248, Swift code. w1bius6s, Wells Fargo Bank, There can be no exceptions
5. Contract is due back no later than: 61112011
ARTIST RIDER ATTACHED HERETO IS MADE PART OF HEREOF.BY SIGNING THE CONTRACT YOU AGREE TO THE TERMS OF THE
RIDER
IN WITNESS WHEREOF,the parties hereto have read and agreed to all the terms of this contract and any attached addendums.
Ronda Billerbeck Brubeck I /11-37
X X
Signature of Purchaser Signatory for Artist/Artist S#
Ronda Billerbeck C/O Berkeley Agency FED ID#94-2918-735
City Of Kent Cultural Programs Manager 2608 91h St #301
220 4th Ave South Berkeley, CA USA
Kent WA US 98032-5895 94710-2556
p 253-856-5055 c.f. 253-856-6050 p 510-843-4902
email: rbillerbeck@ci.kent.wa.us f.510- y
mail@berkelerkeleyagency.com
http'//www ci kent.wa.us/arts/ www berkelevagencv corn
THE 9Rl18ECK BROTHERS �,,� /�1
Rider to Agreement between THE BRl1BECK BROTHERS(hereafter referred to as Artist)and_ �—�/!E�z�
(hereafter referred to as Operator).This Rider is deemed necessary by Artist in order to make his presentat on as effective as
possible It Is essential that you read it very carefully and comply with all of its proosfons, in the event you have any questions
concerning any of these provisions please immediately contact:The Berkeley Agency,2608 Ninth Street,Berkeley,CA
94710(510-843-4901)FAX:(610-843-7271)E-Mail: all berkelevaaency.com website:www berkelevagencv.com To
advance this performance please contact Chris Brubeck at(203-762-3591)or Chris4PBrubeckmusic.com
The following shall be deemed incorporated in and made part of the agreement to which it is attached' 1
1. All payments by Operator to the Artist texcludmg the deposit)must be cash,certified check or university check There
can be no exceptions.
2 No portion of the performance hereuJer may L broadcasi, p�o���� ,� B�D �, , 2TIiQd E 711v`fiH
for any purpose of reproducing such performance and Operator agrees that it will not authorize any such recording without prior
written consert of the artist Operator will deny entrance to any person(s)carrying tape or video recording equidment 'Without
limiting in any way the generality of the foregoing prohibition,h is understood to include members of the audience, press and
Operator's staff.
3. Operator agrees to supply the following at no cost to the Mist-
(a) A good grand piano,to be tuned the day of the performance at a time not to interfere with the scheduled sound
check(s e., if sound check is at 3.00 p.m., piano tuned by 12,00 p.m.).Please call Chris Brubeck(203-762-3591)1
Chns*Brub@Music.r,om with any questions.
(b) Equipment:SWR bass amp
(c) 2 Guitar Amps any combination of 1st Roland Cube 60 AND/OR 2rd Fender Deluxe Reverb AND/OR 3R121
Roland SC120 AND(2)Guitar Stands
(d) Operator shall rent a M0 keyboard, preferably a Kurzweil PC88 and dedicate 2 monitor wedges is the
keyboard position with 2 separate monitor mixes OR provide 2 additional bass amps for the MIDI keyboard setup
(e) Drums, Please see attached list
(f) Complete sound system to cover performance hail of venue with at least twelve(12)microphones Operator
shall provide all technical staff required for performance See drawing attached for technical requirements (For smaller halls,
fewer microphones may be acceptable, I e.,drum mics,etc)
(g) Five monitors. For larger halls,six monitors.
(h) Three(3)music stands
(i) Small taole,with a jug of water(ice not necessary)and 4 glasses for stage;or bottled water for each mus,cian)
G General full-stage overhead lighting If available,varied co;ored lights enhance the different moods expressed by
the music.The hail shall provide a qualified Sighting technician to set up lights at rehearsal and r in the lighting board during the
concert,
(k) One fully-equipped dressing room with bathroom.Dressing room must comfortably hold four(4)people,
Dressing room must have lock and key.
(1) Any and all necessary immigration clearances if concert is to be held outside the United States.
(m) Refreshments.To be provided one hour prior to performance.A deli tray with cold cuts, cheeses,crackers,
breads,fruits and condiments&drinks: mix of soda,orange juice, bottled water,fresh hot coffee and one twelve pack of beer,,
(Corona preferred).A hot meal after performance would be appreciated whenever possible, I -
4, Both Artist and Operator want this performance to be successful for al:concerned and wi!I cooperate with all publicity 0 U
efforts.Operator shall contact Chris Brubeck(203-762-3591)1 ChrisOBrubeckMusic.com at least 1 month before the (L (CAX 1
performance to set up print and radio interviews.(Chris is known as a very good interview and has much experience with
print, radio and television interviews).Artist is to receive 100%star tilling in all advertising.
5. Operator will provide all ground transportation is so noted on contract face#4
6. Operator will provide hotel accommodations at a national Chain or better class hotel,within a reasonable distance from
the venue,four(4)non-smoking singles if so noted on contract face#4 Please make reservations under Chris Brubeck, Dan
Brubeck, Michael DeMicco and Chuck Lamb.
7. Operator will pay all airline fees and overweight charges, round-trip if so noted on contract face#4.
8. Operator will pay all union fees, local and federal taxes,entry fees and airport departure taxes, if any.The
compensation on contract#4 is to be considered net to the artist No fees of any kind to be deducted from this amount without
written consent of Artist
9. Operator will pay all overweight charges, round-trip.
10 Operator will provide Artist with 10 complimentary passes each night of performance.
11. The Brubeck Brothers reserves the right to sell souvenirs and/or CDs at all of their performances Operator will
provide Seller for CDs and a cash drawer.
12. Artist shall have the right to terminate the Agreement'rf:
a) Any member of the group shall die or become ill or incapacitated,
b) There is an accident or delay in means of transportation or in Artist's judgment, performance of engagement
may directly or indirectly expose Artist or any employee of Artists or Operator or any portion of the audience to death or injury by
outbreak of violence or civil strife of any kind,
c)Performance of Artist's obligations shall be rendered impossible or impractical by reason of strikes,civil unrest,order
of public authority epidemic,dangerous weather conditions,national or local state of emergency,fire or other event or condition
of any kind or character
d) Performance of any of Artist's obligations shall expose Artist or any employee or Operator's employees,agents or
independent contractors to civil or criminal proceedings of any kind
e) Operator agrees that there shall be no discrimination based on color, race, nationality, creed or religion of any
kind In the event of violations of the foregoing stipulation,Artist shall have the right to refuse to perform the engagement,
without liability
f) Artist is only responsible to perform in the following agreed-upon contract,exact dates, cities,venues,TV and
radio stations and/or charity presentations.
g) If this Agreement shall be terminated for reasons(a)or(b) referred to in the preceding paragraph,Artist shall
promptly refund to Operator any amount thereto paid by Operator to Artists
13 Operator,at his sole cost and expense,shall obtain all licensees, permits or other approval required from any union,
public authority, performing rights society or other entity having jurisdiction with respect to the engagement, and shall comply
with and fulfill all terms and conditions set forth therein
14 Operator shall indemnify and hold Artists, Management, its contractors,agents,employees, licensees and designees
harmless from and against any loss,damage, or expense, including reasonable attorneys'fees incurred,suffered by or
threatened against Operator in connection with any claim for personal injury or property damage, brought by or on behalf of any
party in connection with the engagement Operator further agrees to provide public liability and workman's comp(if required by
Operator)with respect to this engagement
15 This Rider and the attached Artist Contract to which it is attached constitute the parties'entire understanding and shall
not be abrogated or modified except in writing If Operator shall in any manner attempt to vary any terms set forth herein, the
same shall be deemed to constitute a counter offer not binding upon the Artist.This agreement shall not be binding upon Artist
until executed by an officer of Artist.
AGREED AND ACCEPTED: DATE
DRUM EQUIPMENT
New Drum Rider
Artist prefers to use Yamaha Drums If these are not available Sonar or Pearl are also acceptable(in
that order)
Drums and Heads
12"X 8"Mounted Tom-No"Deep"Toms please
14"Floor Toms with legs
14"Snare Drum(Jazz Quality)
All heads should be coated Remo Ambassador Heads except Bass Drum
Bass drum
18"1st choice OR
20"2nd choice Bass drum
Bass Heads
Evans coated EQ1 Resonate Batter Head muffling system
Ambassador fiber skin to audience side.
Hardware:
(2)Adjustable non ratchetmg snare stands(artist travels with a timbale)
4 Yamaha single braced cymbal stands
1 Yamaha Hi hat stand(no toe plate)
1 Bass drum pedal-DW strap pedal or Yamaha
1 Throne Seat-adjustable to sit at 18"
Operator will provide one large rug for the drum set,at least 6x6 feet(to keep drums from slipping or
marring the floor)set up with the front edge about 10 feet from the edge of the stage front.
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