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HomeMy WebLinkAboutCAG2011-0614 - Original - Entertainment Events, Inc. - Spotlight Series: "Sister's Easter Catechism" - 05/19/2011 ecords M e6 m e-M KENTssh, m Document WASHINGTON 4; CONTRAC T 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: (�l,l I Y UIL Vendor Number: ]D Edwards Number �q Contract Number: pf:::�l ) ' )a U This is assigned by City Clerk's Office Project Name: 2b I au �1 Description: ❑ Interlocal Agreement ❑ Change Order ❑Amendment ® Contract ❑ Other: Contract Effective Date: ' ` '� Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment I Contract Manager Department: , *6 Detail: (i.e. address, location, parcel number, tax id, etc.): S•Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11108 K E N T WASHINGTGN CONTRACTOR SERVICES AGREEMENT between the City of Kent and Entertainment Events, lnc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Entertainment Events, Inc. located and doing business at 320 West 371h Street, 81h Floor, New York, NY 10018, 212-947-9300(hereinafter the"Contractor") I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City Description: Contractor will provide one public performance of"Sister's Easter Catechism"as part of the Kent Arts Commission's"Spotlight Series" Start Time/Duration/Stop Time: 7 30 p m /approximately two hours, including 15 minute intermission 19 30 p m Day, Date,Year: Friday, March 30, 2012 Event Location: Kentwood High School Performing Arts Center, 25800 164th Avenue SE, Covington, WA 98042 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 two (2) single hotel rooms on the night of Friday, March 30, t�s Ca�zr�z�s� 2011 Travel: Kej�- .4 oo b la City will split the costs of airfare and ground transportation (one car rental) for two(2)with any other presenter participants on this block Shipping: City will split the costs of round trip shipping for props with other presenter participants on this block Billing: "Late Nite Catechism Sister's Easter Catechism " 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 March 30, 2012, 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 Il. COMPENSATION. The City shall pay Contractor a guarantee of $3,000 for the work to be performed under this Agreement The City shall also pay Contractor a Royalty of ten percent (10%) of NAGBOR and fifty percent (50%) of the performance "overage," which will be computed after approved local expenses and box office decutions Payment will be made by City of Kent check to Entertainment Events, Inc upon satisfactory completion of all services and requirements specified in this Agreement The payment shall be due within 10 business days after the completion 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 CONTRACTOR SERVICES AGREEMENT- 1 (Under$10,000-Sole Performer) h , t promoting the event All publicity and promotional materials regarding the event released to the media or public by the Contractor shall credit the City of Kent for its support of the event or project IV. PERFORMANCE SPACE. The City agrees to furnish, at its sole cost and expense, a place of performance on the date(s) and at the time(s) contained in Section I The City shall also provide ushers, a house manager, and box office staff and any additional services and personnel as required by the City, for the efficient operation of the engagement Other arrangements will be the responsibility of the City and Contractor as follows below Venue: 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 according to Contractor's technical rider Dressing Rooms: City will provide dressing room facilities according to Contractor's rider Set and Properties: City will provide set and properties 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 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 CONTRACTOR SERVICES AGREEMENT-2 (Under$10,000—Sole Performer) n ♦ 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 Xl. 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 withal]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) `r IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By By (signat re) igna Pnn Name 7�ma���P +�1.e:�F Print Name Lon Ho an Its cC Its Superintendent Recrea d Cultural Services H (title) title) DATE W�� DATE S-— / —U NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: ti 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) PICMIKO0.MSCONTflACTKeiWalCaMecbFINASConeuXenlSxvicee/rya.menRWarlwConheclialame2meLtla CONTRACTOR SERVICES AGREEMENT-4 (Under s 10,000—Sole Performer) EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract I 1 1 CONTRACTOR SERVICES AGREEMENT-5 (Under$10,000—Sole Performer) t ' Entertainment Events,Inc. 320 West 371h Street,8th Floor New York,NY ioo18 212 947 93oo/Fax 212 947 7709 www entertammenteventslnc com Technical Rider(revised March 1o,2o11) SISTER'S EASTER CATECHISM:WILL MY BUNNY GO TO HEAVEN? The production runs approximately two hours,including intermission. As the audience is expected to interact,with the onstage actress,special attention must be paid to audience safety,including clearing the aisles of all cable and extraneous hazards. The show travels with a company of two,the actress and a producer representative who will tram local staff during the first 1-3 days of each new engagement Presenter shall provide two(2)round-trip coach airfares and one(i)single non-smoking room for the length of the engagement(3-star hotel or better),plus one(1)rental car for the company's use from time of arrival to time of departure Presenter is responsible for baggage fees for each member of the company's first checked piece of luggage on each way Additionally,presenter shall prude one(1)single room(3-star hotel or better)for the first performance of the engagement for Producer's Representative. Presenter will be responsible for engaging a local stage/company manager for the entire run,who will be trained during the first performance of the engagement by Producer's Representative. Press and Public Relations All advertising is done"in house,"Entertainment Events,Inc.can be contacted for press inquiries(212-947- 9300). IMPORTANT:The by-laws governing different labor unions across the country vary greatly. These variables are solely the responsibility of the Presenter. Minimum labor requirements are as follows Load In Show Call Day Work Load Out House Carpenters o 0 0 0 Sound/Lighting Person 2 2* 0 1 Properties 1 1 0 1 Wardrobe 0 0 1 0 Totals 3 3 1 2 *One follow spot operator will be needed if the house cannot supply adequate illumination for Sister when she leaves the stage and enters the audience Once trained,no substitutions may be made in this position during the engagement unless approved by the Producer's Production Manager. Minimum Local Labor Requirements THIS PRODUCTION IS A NON-YELLOW CARD ATTRACTION All arrangements regarding labor calls and/or needs are the responsibility of the Presenter. The labor calls shall be based on the premise that able- bodied stagehands,who have an expertise to specific departments,can and will assist in all areas as the need arises However,it is customary for Late Ntte Catechism that minimal stagehands are needed The production does not travel with a stage manager Producer will provide one company representative,whose function is to supervise and coordinate in the first three days of the engagement to ensure a smooth and safe run Set and Properties The presenter must provide an acting area as specified in the minimum stage requirements Additionally, Presenter must prude the following props/set pieces configured as in the attachments to this technical rider i. Back Wall of Set. Set wall must measure no less than 8 feet high and 16 feet wide and should be painted with industrial colors,pink is best The wall should be adorned with appropriate decorations such as pictures of saints,the Holy Family,the Pope,JFK,and most importantly MARY,MARY,MARY Pictures should appear to be drawn by children or are the type of art seen on Holy Cards These can be purchased at local teaching supply stores and religious goods stores. a. A banner needs to hang on the wall The banner is provided in your props kit Please provide a g'long-s"wide wooden dowel to keep the banner sturdy. 2 Teacher's Desk and Chair Any new,used wood or steel desk will do It should look like it belongs in an elementary school classroom 3 Lectern A skinny base is preferred If existing,remove any attachments such as microphones, microphone cradles,lamps,etc Lectern must be able to have a scenic unit gaffed taped to the top 4. Blackboard Installed into the center of the back wall of set White board not acceptable Note To achieve the best effect,chalkboard should be a real slate chalkboard—wood painted with "chalkboard paint"must be painted and pi operly primed as per the directions printed on the chalkboard paint can(a minimum of 24 hours is required to paint and prime the chalkboard using this method),and must be completely primed prior to the arrival of the company Contact Entertainment Events,Inc of you have trouble locating this item 5 Small Table At least 36"high,30"wide and 30"deep Should match or resemble desk 6 Two Small Bookcases. At least 30"high,36"wide and 12"deep Should match or resemble desk. 7 Religious Statuary Including,but not limited to the Immaculate Conception(24"tall,at minimum)and a crucifix that is visible from the last row in the house(10"to 14"is recommended) 8 Trash Can One metal classroom trash can(in proportion to desk). 9 Small child's school chair One wooden(plastic,only of wooden can't be located)chair that would be found in a kindergarten classroom ro Classroom Items Including,but not limited to globe,American Flag,alphabet poster,maps,2 bulletin boards commemorating"Our Faith"and"Our Country"installed into the back wall of set as outlined in production handbook Note When on display,the American flag is accorded the place of honor,always positioned to its own right Place it to the right of the speaker or staging area or sanctuary. ii r,Folding,Chairs Metal classroom folding chairs are fine Chairs should all be matching and set on stage,to the side 12 i Sandbag and/or Stage Weight.To be placed on the base of the podium/lectern to insure it doesn't tip over 13 Card Table with Table Cloth.This does not HAVE to be a card table but should be close in size Any tablecloth will do. 14 Candy Bowl On Sister's desk,will be filled with foil wrapped eggs 15. Other hand props/set elements All other hand props including a banner,the curtain for the front of the podium and giveaways will be provided by Entertainment Events,Inc and will be shipped to the venue in advance of the opening of the engagement. The presenter must provide each of the following expendable props for each performance of the engagement: r. i Easter basket 2. 2 scratch off lotto tickets 3. t large jar of mayonnaise 4 1 large can of tuna EEI will provide 1 2 Cadbury cream eggs 2 2 packs of marshmallow peeps 3 2 small chocolate bunnies 4 r individual bag of jelly beans 5. t strand of mardi gras beads If there is no back wall built for the set,the presenter should cover the back of the acting area with a light color velour masking Electrics i. Bright general illumination,even across the entire performance area. 2 Color rosy pink,soft violet and straw for front light,deep blue backlight. 3 Desk,blackboard,lectern and down center should be"hot,"although an even wash is ultimately best 4. Aisles in house should be illuminated during interaction. 5 House lights on audience should glow at all times and have dimming capabilities t Sound/Backstage Communication The Presenter must provide a quality sound system that is capable of evenly filling the venue with both pre- recorded musical sound cues and Sister's live voice Speakers,mixing board(at least two channels),CD player and receiver(if necessary),and one(i)lavaliere wireless body microphone with a body pack and new batteries for each performance adequate for three hours of transmission. Handheld or headset microphones are not acceptable Wardrobe/Dressing Room The Presenter must provide the following: At least one private,lockable dressing room(shower optional). Dressing room to be provided with hot and cold running water,electrical outlets,soap,paper towels,ironing board and iron,spray starch,lighted mirrors,chairs,counter top and a wardrobe rack Private(i e.;inaccessible to the audience—sharing with other performers at the theatre is permitted)bathroom must be adjacent or nearby One wardrobe person required for"day work"call to launder the costume at least once in each playing week. Such day work call shall not exceed the typical union minimum of four(4)hours. j The Presenter shall be entirely responsible for the pre-arrival load in of the sets and properties as specified in this rider and its attachments. The company will arrive no later than two(2)hours prior to the opening performance. In the event that any local stagehands fad to appear or are late for any load-in,show call,or load-out,or any other services required by the Producer,the Presenter shall be responsible for any and all costs incurred by reason of such lateness or failure to appear,including the costs incurred in paying replacements for such local stagehands or to supplement their services in order that load-in,show call,load-out or similar services may be performed in a timely manner Stage Requirements Minimum Opening. 18'wide;(if platform,rise 18") Light grid should provide at least 7 5'clearance Minimum Stage Depth: 12'plaster line to back wall No minimum flying or offstage clearance necessary NOTE Audience access from stage platform is essential to SL and SR,and is highly recommended from DC Radio and Television Sixty(6o)and thirty(30)second radio and television spots,and an electronic press kit(video&CD-ROM) are available Distribution will be handled by Entertainment Events,Inc in New York Please contact them directly for dupes and/or tagging and services,there will be a charge. Program Copy Presenter will provide programs for each audience member at each performance of the engagement. Program copy will be available prior to your production Please contact Entertainment Events,Inc 2r2 947 9300 Load-In and Load-Out The Producer does not provide the elements of the physical production. The Presenter is responsible for securing all furniture,scenic elements,and equipment described in this technical rider and,prior to the arrival of the company,arranging for load-in,focus and preliminary sound check. A forty-five(45)minute sound and light check will be held prior to the first performance in each venue. Sound check will occur one hour and fifteen minutes(1 hr and 15 minutes)pi for to curtain and will be complete thirty(30)minutes prior to curtain To assure necessary quiet,the house must be cleared of all non-essential personnel during the sound check. Hospitality/Catering Bottled water must be provided before each show and during intermission at each show One meal must be provided by Presenter for actor and stage manager on any two-show day where the subsequent show's curtain times are less than or equal to four(4)hours apart A refrigerator in the actor's dressing room would be appreciated as well Miscellaneous See Production Agreement for house seat and complimentary ticket requirements. Should the production be playing in a venue for more than one day,the Presenter insures the security of the production materials while housed in the venue over that period,including but not limited to,costumes in the dressing room,set pieces and props on stage It is the responsibility of the Presenter to insure that the Producer's technical requirements are fulfilled in accordance with the specifications in this technical rider Should any of the requirements or conditions of this agreement not have been met,fulfilled or complied with by the Presenter at the respective times provided for and within the time limits set forth,Producer shall have the right,if Producer elects(which it is not obligated to do),to do what the Presenter shall have failed to do(including supplying any personnel Presenter has not supplied in a timely manner)in which event the Presenter shall reimburse the Producer for all costs directly or indirectly incurred by the Producer by reason thereof Payment therefore shall be made by the Presenter promptly after the submission of a bill by Producer to Presenter In the event that the Presenter fails to comply with any of the material requirements or conditions of this agreement or any schedule hereof,the Producer shall have the right to refuse to present the production and unless said requirements and conditions have been duly met,fulfilled and/or complied with,all without relieving the Presenter of its obligation to pay all monies it would have been required to pay had the production been presented as scheduled All deposits and performance checks should be made payable to- Entertainment Events,Inc. AGREED AND CEPT /DA „1 P ER TE PRODUCER DATE