HomeMy WebLinkAboutCAG2011-0595 - Original - APA, Inc. - Spotlight Series: A Charlie Brown Christmas with David Benoit - 08/18/2011 ��. Records MIA ragemen ,
KENT Document
W ASH!N OTON
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: T"f �Y 'ti
Vendor Number:
ID Edwards Number
Contract Number: pt-1 t ,
This is assigned by City Clerk's Office
Project Name:
Description: ❑ Interfocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other: 8105111
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Contract Effective Date: O 05 I 1 Termination Date:
Contract Renewal Notice (Days): _ k
Number of days required notice for termination or renewal or amendment
Contract Manager Department.
Detail: (i.e. address, location, parcel number, tax id, etc.):
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$:Public\RecordsManagement\Forms\COntractCover\adcc7B32 11/08
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KENT
WAS If,NOT**
CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
APA.Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal Corporation (hereinafter the '
-City-),and APA Inc.,fla/o A Charlie Brown Chri bnn with David Benoit,located and doing business at 45 West 45M
St.,4 h Floor,New York,NY 10036,212487-0092(hereinafter the"Contractor").
L DESCRIPTION OF WORK.
i Contractor shall perform the following senses for the City:
b
Descrlpbton: David Benoit(hereinafter referred to as°Contractor°)will present one public
performance of°A Charlie Brown Christmas with David Benoit~as part of the
Kent Arts Commisslon's'Spntlight Series.'
Start ThnelDuratlonlStop Time: 7:30 p.m./approximately two hours Including Intermisslon/9:30 p,m. I
Day,Date,Year: Saturday,December 10,2011
Event Location: Kentwood High School Performing Arts Center,251300101 Ave. BE,Covington,
WA 98042
Lodging: City will provide six hotel rooms for the night of December 10, 2011.
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.
Meal(*): City will provide a meal and refreshments ae specified in the attached rider.'
Billing: "A Charlie Brown Christmas with David Banolt.' Contractor to receive 100%sole
headline billing in all advertising,with exception of season brochure. ,
Sponsorship: City reserves the right to obtain corporate sponsors)for Contractor's
performance. a
Exchrehrity: Contractor shall not appear In general Seadle/Puget Sound market,Including
King,Pierce,Snohomish and Kitsap Counties,within two-months before or after
December 10,2011,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 0 not notrfled by Contractor.
'fie altsohed rider is part of thls agreement
3
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(hose services are performed.
II. COMPENSATION. The City shall pay Contractor the total sum of$7,300 for the work to be performed
under this Agreement, upon satisfactory completion of all services and requirements specified In this Agreement. A 5D%
deposit of$3,750.00 will be paid, by City of Kent check, to APA, Inc. complete execution of contract. The balance of
$3,750.00 will be paid,by City of Kent check,to David Benoit on the day of the performance. i
in. 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 i ry
descriptions, and program materials, not less than six (0) weeks prior to the initial event date for the Ctty's use In
promoting the event. All publicity and promotional materials regarding the event released to the media or public by the
Contactor 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 cat and expense, a place of {
performance on the date(s)and at the times)contained in Section I. The City shall also provide ushers, house manager,
`NTRACTOR SERVICES AGREEMENT-1
rder$10,000—Larger Organization) j
s
9
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 ContraoWe 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"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. 51.06
RCW,the parties make the following representations:
A. The Contractor has the ability to control and direct the performance and details of Re 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 Veda, occupation,
profession,or business of the same nature as that involved under this Agreement
D. The Contractor Is responsible for filling 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.
Iw 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 Slate of Washirr&n.
F. The Contractor maintains a set of books dedlcaied 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.
Vg. 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 Citys 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 Clty'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.
VIIL INSURANCE.The Contractor shall procure and maintain for the duration of the Agreement, insurance of
the types and in the amounts described in Exhibit attached and Incorporated by this reference. #
D(, DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any i
subcontract the Contractor,its subcontractors,or any person acting on behalf of the Contractor or subcontractor shall not, i
by reason of race, religion, color, sex,age, sexual orientation,national origin, or the presence of any sensory, mental, or i
physical disability, discriminate against any person who Is quallfie l and available to perform the work to which the
employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy !
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached ;
Compliance Statement
X. 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 j
CONTRACTOR SERVICES AGREEMENT-2 i
(Under$10,000—Larger Organization) II
r
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.
XI. 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
attemate performance space and Contractor will employ Its best efforts to provide the contract worts in that alternate
performance space. Neither party will be under liability for(allure to perform in the event that such failure is caused by or
due to ads 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.
Jig. MISCELLANEOUS PROVISIONS.
A. Recvchable Mauls. 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.
a. Non 1Nahrer 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 shag be and remain In full force and effect.
C. Resolution of Disoutes and Govemina Leer This Agreement shag 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 paroles'pefiormance 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 icing County Superior Court, IUng
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, plovlded. however, nothing in this paragraph shall be construed to limit the City's right to Indemnification under ;
Section VIi of this Agreement ,o
D. Mftn 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 b
shag become effective three (3) business days after the date of mailing by registered or certified mail, and shall be
deemed surfficendy given if sent to the addressee at the address stated In this Agreement or such other address as may
be hereafter specified In writing.
E. meat Any assignment of this Agreement by either party without the written consent of the non-
assigning party shag be void. If the norm-assigning party gives its consent to any assignment,the terms of this Agreement
shall continue In full force and effect and no After assignment shall be made without additional written consent
F. lull. 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.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits
attached hereto, shag 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
H. Comoliance 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 became applicable to Contractor's business, equipment, and
personnel engaged in operations covered by this Agreement or arising out of the performance of this Agreement
ti
IN WITNESS,the parties below execute this Agreement,which shall become effective on the last dots i
entered below.
CONTRACTOR. CITY OF KEN : f
t
BY
Print Name: f � Print Name: Lod Hogan
its Its Supt.,Recreation&Cultural Serohas
3
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CONTRACTOR SERVICES AGREEMENT-3 -
(Under$10,000—Larger Organhation) i
i
DATE: 44DATE:
NOTICES TO SE TO: NOTICES TO BE SENT TO:
CONTRACTOR: _ CITY OF KENT:
��v/b "o 7 onra BNerh cK Cultural Programs Manager
/" ��C�� City of Kent
00 1 220 Fourth Avenue South
o Kent,WA 98032
(telephone)
p (facs fle (253)850-505 (telephone)
)I� (253)135t;6050 t1(facsirnite)
CONTRACTOR SERVICES AGREEMENT-4
(Under$10,000—Larger OrganfzaUan)
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EXHOT A
INSURANCE &iNDEMN17Y REQUIREMENTS FOR
CULTURAL PERFORMANCE AGREEMENTS
insurance
The Contractor shall procure and maintain for the duration of the Agreement,insurance against claims for Injuries to
persons or damage to property which may arlse from or in connection with the performance of the worts hereunder by the
Contractor, their agents, representatives,employees or subcontractors.
Minimum Scope of Insurance
Contractor shall obtain Insurance of the types described below:
1. CoalmorclalGenerall.labilitv Insurance shall be wrtten on ISO occurrence form CG 00 Oland shall
cover liability arising from premises,operations,independent contractors,products-completed
operations,personal Injury and advertising injury,and liability assumed under an insured contract.
The Commercial General Liability Insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 11 55. There shall be no endorsement or modification of the
Commercial General Liability
insurance for liability arising from explosion,collapse or underground property damage.The City shalt
be named as an Insured under the Contractors Commercial General Liability Insurance policy with
respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85
or a substitute endorsement providing equivalent coverage.
Minimum Amounts of insurance
Contractor shall maintain the following insurance limits:
1. Commerclal General Liability insurance shall be written with limits no less than$1,000,000 each
occurrence,$1,000,000 general aggregate and a$1,000,000 producta-completed operations
aggregate limit 3
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain,the following provisions for Commercial General Usbility
Insurance:
1. The Contractors insurance coverage shall be primary insurance as respect the City_ Any Insurance,self-Insuranos,
or insurance pool coverage
2. maintained by the City shalt be excess of the Contractors Insurance and shall not contribute with it
3. The Contractors insurance shall be endorsed to state that coverage shall not be cancelled by either party,except
after thirty(30)days prior written notice by certified mail,return recelpt requested, has been given to the City.
4. The City of Kent shall be named as an additional Insured on all polities(except Professional Liability)as respects
work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional Insured
shall be attached to the Certificate af IMranco. The City reserves the right to receive a certified copy of all required
insurance policies. The Contractors Commercial General Liability Insurance shall also contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,except with respects
to the limits of the Insurers liability.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII.
Vowkaftn of Coverage
Contractor shag furnish the City with original certificates and a copy of the amendatory endorsements, Including but not
necessarily limited to the additional Insured endorsement,evidencing the insurance requirements of the Contractor before
commencement of the work.
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,
EEO COMPLIANCE DOCUMENTS
Subcontractors
Contractor shell Include atl subcontractors as insureds under Its poNcles or shad fumtsh separate certilice s and
endorsements Tor each subcontractor. All coverages for subcontractors shall be subject to all of the some Insurance
requirements as stated herein for the Contractor.
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EEO COMPLIANCE DOCUMENTS
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A CHARLIE BROWN CIMSTMAS WITH
DAVID BENOIT
CONTRACT RIDER
THIS RIDER IS HEREWITH ATTACHED TO AND MADE PART OF THE
CONTRACT DATED BY AND BETWEEN DAVID BENOIT
MUSIC,INC F/S/O DAVID BENOIT,HERENAFTER REFERRED TO AS i
ARTIST,AND HEREINAFTER REFERRED TO
AS PURCHASER.
Please read this contract rider careWy. It contains descriptions of certain equipment
requirements and various working conditions essential to Artist and necessary to
assure the highest quality performance possible. If there we any questions or
problems concerning this contract rider,purchaser rnou contact Artist's !
representative immediately. j
All tent and conditions of this contract shall remain in force unless iRecifical �!
agreed upon to be altered by Artist's representative.All changes must be in writing
and signed by Artist or Artist's representative.
AG.A Fes' T
Agency for the Performing Arts
James K roman,Yr.
Contact:Lindsey Ekfenbein
405 South Beverly Drive peverly 110, CA 90212
Office:310-8884201,Fax:310-888-4209
Email: lelfenbeinQma-agency.com f
MANAGEMENT
Chapman &Company Management
Steve Chapman E
.Contact:Michael Boosler
14011 Ventura Blvd,#405-Sherman Oaks,CA 91423
Office: 818 788-9577,Fax: 818-788-9525 }
Email:Michael a( hagmanmanas1 ent.com j
TOUR MANAGEMENT f S
Ross Pallone
805-660.0776 F
i
TO BE PROVIDED BY PURCHASER
1. PURCHASER AGREES TO PROVIDE AT HIS SOLE EXPENSE THE
FOLLOWUNG PERSONNEL.EO AND STAGING
R7:O�U F�[ENTS: ry
A.Purchaser shall provide two(2)experienced stagehands for the purpose of
loading equipment in and out of the venue.All stagehands must be available to
Artist at time of load in and load out.
h
B. One(1)small Christmas Tree,with focused light(that can be turmd on and
off,to be placed on top of piano for performance.
C.One(1)CHIZDREN'S CHOIR to be provided;to consist of TWELVE
(12)to FORTY(40)children between the ages of EIGHT(8)and
FOURTEEN(14).Please refer to page 14 of this rider for more
Information on Choir.
D.One(1)STEP RISER,for the children's choir,to be provided.
PIANO
Purchaser shall provide at his sole expense the following equipment for use by
Artist for both the sound check and performance.This equipment shall be
available for exclusive use by Artist
One(1)Steinway&Sons Model D grand piano with padded adjustable piano
bench.
NOTE 1:The piano is provided by Steinway&Sons at no charge.
However,Purchaser agrees to provide,at his sole expense,professional
piano movers to move and set the piano,both, to and from the venue.Piano
movers must be anwged andlor approved by Steinway&Sons.Please
contact:
Steinway&Sons Pianos '
Contact:Ilene Mlodersky
New York,NY
Phone:212-332-0129
NOTE 2:Under NO conditions, will Artist's piano be used by ANY
performer-other than Artist-unless given written permission by Artist or
Artist's representative. E
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a didon,Purchaser shall provide a professional piano tug(piano must
be toned to A-440).The piano must be timed prior to sound check gd after
sound check. The tuner should arrive at least three(3)hours prior to
scheduled sound check and must be finished with the first tuning one(1)
hour prior to scheduled load in time. All tuners must be subject to Steinway
&Son's approval and specific times and details should be arranged with
ArWa tour manager.In instances where Artist is performing two t
shows in one night or in instances of a performance intermission,
purchaser must secure said piano tamer to perform a"touch up"
tuning between said performances or during intermission. i
,F, OUIPMFPIT AND STAGING REOUMMENTS
A.One (1)Yamaha Motif ES6 Synthesizer
(must include a"real piano"style sustain pedal,power cable and a 4'to 6'
male to female,instrument cable to extend the sustain pedal)
B. One(1)Eden WT 800 amp and one(1)Eden 410XLT cabinet.(must
include a power cable and 2 speaker cables).
-Second Choice: SWR SM 900 amp and SWR Goliath III 410 cabinet:.
-If an SM 900 amp is not available,an SM 400 can be used as a
substitute.
C. One(1)Yamaha Drum set with the following specified drum sizes,
cymbals,hardware and drum heads(drummer is a Yamaha endorsee):
1. 20"kick drum.
2. 5"x 14"snare drum.
3. 10"x 8"and 12"x 8"tome mounted on kick drum.
4. 14"x 14"floor tom w/legs NOT stand mounted.
5. Two(2)Yamaha or DW snare stands.
6. One(1)Yamaha or DW hi-hat stand with clutch and pads.
7. Six(6)Yamaha or DW heavy-duty cymbal stands(boom type)with 3
pads. 3
8. One(1)Yamaha or DW dnan throne.
9. One(1)Yamaha"Flying Dragon"kick drum pedal,
IO.Brand new Evans 0-1 Coated drum heads(top)and Evans 0-1 clear '
drum heads (bottom)for all toms and an Evans BQ bass drum head
(Remo Power Stroke is an acceptable substitution).
I1.Ziidjian or Sabian cymbals consisting of.
a. One(1)20"ride cymbal `
b. One(1) 15"crash cymbal
c. One(1) 16"crash cymbal
d. One(1) 17"crash cymbal
e. One(1)China cymbal
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£ One(1) 18"or 20"flat ride cymbal I
g. One(1)pair of 13" or 14"bi-hat cymbals
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D. Sax: Self-Contained(Please contact tour manager to find out if we will be
bringing at saxophonist).
B.Four(4)Solid music stands with lights
F.Two(2)guitar stands
1
G.Two (2)9v Allcalihc batteries
H. One(1)Padded bar stool
I. One(1)hand-held vocal mic for Mr.Benoit No stand
3. One (1)vocal mic with stand for Ms, Albright.
Please check with Artist's tour manager before making final arrangements,as
it could save time and/or money.
ALL EQURMENT MUST BE IN PERFECT WORKING ORDER TO
THE SATISFACTION OF ARTIST OR ARTIST'S
REPRESENTATIVE. '
2. SOMM AND LIGHTING REOU1REMiENTS TO BE PROVIDED BY
PORCHASER
A, OMBRAL:It is specifically required and understood that Ardst's
representative shall have final, sole and absolute authority in mixing and
controlling all sound and lighting equipment while Artist is performing,
This includes the positioning of the front of house mixing console.The
mixing console should be placed in the center of the facility and not farther
than% of the distance from the stage to the rear of the facility-unless there {
is an overhang or balcony.In which case,the console should be placed
directly before and in fiomt of this overhang or balcony and definitely not }
under such an overhang or balcony.An adequate number of seats shall not { !
be sold in order to make the positioning of the console possible.In the
event that Artist Is beadlining this engagements aU opening sets must f '
use additional or unused console channels.If the engagement is to be a
outdoors,Purcbaser agrees to provide adequate covering over the front of
house mix position to Artist's or Artst's representative's Satisfaction. I {
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PA SHOULD BE FLOWN WHENEVER POSSIBLE.WE WOULD
IBM TO HAVE A LINE ARRAY TYPE PA.NO OLD OUTDATED
PA°S PLEASE.SPEAKER STACKS SHALL (�V,ZT BE PLACED ON
THE STAGE FLOOR.THIS IS TO AVOID FEEDBACK FROM
ACOUSTIC INSTRUMENTS.
B. The front of house mixing console shall be of superior quality(Yamaha
PM5D,Yamaha M7CL.If we must have an analog console,it must be
advanced with tour manager.It"consist of 32 low impedance channels, ►
8 sub-groups and/or 8 VCA groups and 4 effect sands. Each channel shall j
have input padding,phase reversal,an equaliizar consisting of high
frequency shelving,low frequency shelving,sweepable high mids and
sweepable low-raids,a high-pass/low-cut filter and insert points.
C.The front of house mixing console sball send a stereo mix to the following:
I. Left and Right 1/3 octave graphic equalizers(must be available at front
of house mix position). l
2. Left and Right high quality cross-over system(must be available at front
of house mix position).
3. High quality amplifiers with sufficient power for venue.
4. High quality(preferably time-aligned or line array)speakers with
sufficient power for venue(in rattle free enclosures).
D. Outboard requirements shall consist of the following(ONLY FOR
ANALOG CONSOLES): j
1. Three(3)high-quality revert units TC Electronic,Yamaha,Lexicon
top of the line units. '
2. One(1)high-quality delay unit(Roland SDE 330,TC Electronic D-Two
or equal)
3. Eight(8)channels of high-quality gates(Drawmer DS404,Presonus
ACP8 or equal)
4. Eight(8)high quality compressors(dbx 160 XT or equal) ,
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E. The monitor console shall be of superior qualify(Midas XL-200,Midas
XLr250, Soundcraft SM-24 or equal). It shall consist of 24 low impedance ►
channels. Each channel shall have input padding,phase reversal,an i
equalizer consisting of high fi+equency shelving,low frequency shelving,
sweepable high-raids and sweepable low-mids, a high-pass/low-cut filter j
and insert points.The monitor console shall provide at least six(6)send&to E
six (6) 1/3 octave graphic equalizers to a sufficient number of quality
plower amplifiers with sufficient power to run six(6)high-quality !
(preferably bi-amp4 monitor wedges.One hi-quality revert unit An i
additional and identical monitor wedge shall be provided for monitor
engmew.The monitor console shall be positioned stage left and shall face
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tho stage with a elm view of the stage and all performers(particularly
Artist)
**Please provide a stereo monitor mix for Mr,Benoit.** �
F. Lighting shall consist of a minimum of FOUR(4)specials.One special for
each performer on stage.(AWst,saxophone,bass and drums).Please refer
to stage plot for general locations.Also,there shall be enough color washes
for the whole stage and an enjoyable show.
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Q. Lighting shall consist of at least twelve(12)channels of control with two
(2)munal presets.
H. Lighting console shall be placed near house sound console for adequate
view of stage.
I. Two(2)spotlights(altspot,trouperette or similar)with an operator for each ;
shall be provided. 1
L Stage shall be a minimum area of 30'wide by 24' deep.
R. If the engagement is to be outdoors,Purchaser agrees to provide adequate •
covering over the stage and adjacent off-stage areas that will protect Artist
and Artist's equipment, to Artist's or Artist's representative's satisfaction,
from the elements.
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L. The stairway or entrance to the stage to be used by Artist must be free of
hazards and people and it must be lighted during the entire performance.
M.An S'x 8' x 24"§Wy drum riser(w/carpet)shall be provided More risers
may be necessary for some shows.
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N. Power for sound and lights shall be adequately isolated and on separate
main feeds. All power shall be adequately grounded to avoid damage to °
equipment and avoid injury to crew and performers.Power for stage shall
consist of at least three(3)circuits of twenty(20)amps each.
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3. IPURCHASER SHALL PROVIDE THE FOLLOWING AT HIS SOLE
COS
A. All necessary permits, licenses and authorizations from any and all
government agencies,bureaus,and departments—federal,state or local. !
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B. All federal,stain or local taxes included but not limited to amusement
and/or miscellaneous sales taxes which try to reduce Artist's contracted
earnings,and to indemnify and hold harmless the Artist from payment of
any such taxes.
C. All necessary immigration clearances if concert is to be performed outside I
of the United States of America. i
a. MSTRx�ON$FOR PURCHASER AND STAFF:
A.No portion of the performance rendered hereunder may be recorded,
broadcast,flash photographed,filmed,taped or embodied in any form for
any purpose.Purchaser ttuther agrees that no authorizations of any such i
recording will be given without prior written consent of the Artist or
Artist's representative.Purchaser shall deny entrance to any person
carrying flash camera equipment or audio or video recording devices.
B. Purchaser agrees to make available to Artist and crew,the place of the
performance no later than eight(8)hours prior to performance time.
Furthermore, the purchaser agrees to make available to the Artist;all
required facilities and personnel for a sound and lighting check no later
than five(5)hours prior to the opening of doors,assuming all sound and
lighting requirements have been met and are in good working order subject
to approval by Artist's representative.It is further agreed that Artist will be i
allowed a minimum of 3(three)exclusive hours for load in and sound
check purposes, and that the AUDIENCE WILL NOT BE ADMITTED
UNTIL ARTIST HAS LEFT THE STAGE.
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C. House lights should be dimmed prior to Artist's performance to facilitate
audience being seated on time.M.C.should contact Artist's representative
thirty(30)minutes prior to show time to arrange for the proper procedure
and introduction of Artist.After the show,house lights shall not be
raised and no music shall be played prior to Artist or Artist's
representative's approval.Artist's representative should be provided with
a clear-comm headset in order to give said approval to those in charge of
house lights and pre-recorded exit music. All house pre-recorded music
should be cleared with Artist's representative immediately following sound
check
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D. Purchaser'shall not permit and will p vmt the manufacturing and
distribution and/or sale of any and all souvenir items associated with the
Artist or his performance without Artist's prior written consent.Artist will
be allowed to sell merchandise at the venue wittrout any waxo2issieftI
fliea,>Amhsaer. Purchaser sha{�lllovi grated table or booth '
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for Artist's merchandise to be sold wkwively as well as a separate table t
fcr Artist to sit at and sign merchandise in the event that a meet&greet has
been approved and scheduled with Artist's representative prior to Artist's
performance data. Said meet 8t greet will take place after performance.
Purchaser shall also provide, at purchasWs own expense, a qualified staff
member to sell Artist's merchandise.It is also agreed that said staff
member shall meet with Artist's representative no later than 1 (one)hour
prior to performance door time.This individual shall not leave Artist's
merchandise unattended at anytime until Artist's representative has
returned and satisfied himself as to the inventory and sales income of said
merchandise.Also,merchandise tableftoth shall be in close proximity to
main exit(s)and entrance(s)of venue and in plain view to the audience
attending Artist's performance. ?
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S. ADVERTISING PROM TION AND PUBLICCM:
A. Billing on all advertising and publicity for this performance should appear
as follows: "David Benoit"(NO'T"DAVE BENOIT).
The billing for this show is:
A CHARLIE BROWN CHRISTMAS With DAVID BENOIT
B. Artist shall receive 100•/a star billing(unless otherwise indicated on the
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face of the contract) on any and all advertisements and publicity generated
by reason of this performance including but not limited to newspaper ads,
posters,flyers,marquees,signs,lobby boards,programs and tickets. #
C. To download approved publicity photos and bio,please visit �)
hW:llwww chapmanmanager- - c If you need help
with publicity for this engagement,contact Michael Boosler at 818-788-
9577 or Michael@chapmennianagement.com.
D. Purchaser shall not commit Artist to any personal appearances, interviews
or any other We of promotion without Artist's management's prior i
approval. ;
E. ALL OPENING ACTS must be cleared by Artist's management.
F. WE WOULD APPRECIATE COPIES OF ALL PUBLICITY.
Including any and all reviews or advance articles generated by this i E
performance.Please mail them directly to Artist's management as soon
after the performance as possible.
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G. Purchaser must notify*Artist's agent if any signs,banners or other i
advertising materials are to be placed on or near stage dining Artist's
performance and/or if said performance is being underwritten or sponsored
by or in part by any business,commercial product or political
H. Artist's representative shall be provided witth-Un( air of
-, complimentary ticketd/seats per show. In the event that the venues uses
table seating,Artist shall have the right to reserve table(s)for invited guests
or VIP's.Tickets must be"preferred"seating.Artist's representative will
provide a list of guests immediately after sound check,unless otherwise
arranged in advance.
I. The number of tickets used for the advertising,promotion and publicity of
engagement shall not exceed five percent(5%)'of the seating capacity of
venue as specified on the face of contract herein attached.
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6. DRESSING ROOMS,FOOD AND HOSPITALITY
AT HIS SOLE EXPENSE,PURCHASER AGREES TO PROVIDE I
ARTIST WITH THE FOLLOWING:
A. Artist's (David Benoit)dressing room(NO GREEN/RED PEPPERS I
SHALL BE IN ANY OF THE MEALS PREPARED/PROVIDED FOR I
MR.BENOIT):
1. -f i,1 bottle of a California cabernet sauvignon(Stag's Leap Cabernet
2. Six(6)9 ft. oz.bottles ofnon-carbonated mineral water
3. One(1)quart of fresh squeezed orange juice
4. One (1)pot of fresh brewed coffee (MUST BE AVAILABLE AT a
SOUND CHECK) �6 ;
5. One (1)bowl of assorted fresh fruit
6. One (1)deli tray for 1 person
7. Four(4)bath towels
8. One (1)full length mirror i
B. Band dressing room: r
1. Twelve(12)9 fl. oz. bottles of noncarbonated mineral water
2. Two (2)quarts of fresh squeezed orange
3. Two (2) 6-packs of assorted sodas
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5. One (1)pot of fresh brewed coffee(W/creaTn and sweetwers) 1
6. One(1)bowl of assorted fresh fruit
7. One(1) deli tray for 5 persons j I
8. Twelve(12)hand towels
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9. One(1)full length mirror
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C. Production room(to be dressed at least 1 hour prior to show time): + s
1. Twelve(12)bottles of non-carbonated mineral water
2. Twelve(12)hand towels
3. One(1)telephone line
4. One(1)line for Intemet access (Cable,DSL,wireless)
5. One(1)fsx line
6. One(1)professional copy machine
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D. Dinner following sound check. Please consult with Artist's tour manager '
regarding menu and schedule.
E. There shall be a room for the choir and their supervisors.Any food and
drink requirements to be organized with the choir representative.
7. SECURITY '
The purchaser agrees to provide adequate security for the protection of Artist
and Artist's band,crew,representative,their personal ef%cts and the stage
equipment. The stage and premises must be fully protected to prevent access .E
to unauthorized people continuously during the time the Artist's equipment is 1
on the premises.The dressing rooms must be similarly guarded during all
periods that said effects are in said rooms.
Any theft og or loss of or damage to the Artist's personal effects or stage
equipment while in(he care and protection of Purchaser's security personnel
shall be deemed the Purchaser's liability and the Purchaser shall indemnify
Artist and promptly reimburse Artist for any such items lost,stolen or _
damaged
S. FORCE MAJEURE
In the event of sickness or of accident to Artist or if the performance is
rendered impossible or infeasible by any act or regulation of any public
authority or bureau,civic tumult,strike,epidemic,interruption in or delay of i
transportation services,war conditions or emergencies, or any other cause or F
causes beyond the control of Artist whether of a similar or dissimilar nature,it
is agreed that there shall be no claim for damages by either party to this !
agreement and Artist's obligations as to the performance affected shall be
deemed waived.Inclement weather rendering a performance impossible or
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infeasible shall not be made notwithstanding,provided that.Artist is ready,
willing and able to perform pursuant to the terms hereof.
Artist Wray terminate dill agreement IP
Performance of any o€Artist's obligations shall expose Artist or any member
of Artist's group, employees, agents or independent contractors,to civil or '
admiral proceedings of any kind.If this agreement shall be terminated for any
of the reasons refwed to in this paragraph,Artist shall promptly refund to
Purchaser any amount theretofore paid by Purchaser to Artist pursuant to this
agreement, and Artist shall not be liable to Purchaser for any other loss,
damage or expense calmed to have been suffered by Purchaser as a result of
such termination
9. MEPEIVDM CONTRACTOR
Artist signs this agreement as an independent contractor and not as an
employee of Purchaser.This agreement shall not in any way be construed so
as to create a partnership or any other joint undertaking or venture between the
parties hereto,and neither party shall become liable for any representation,act
or omission of the other.
10JINAL PROVAL
Artist shall have the exclusive c oitrot,creative and otherwise,over the means
and methods employed in ful Ung Artist's obligations hereunder in all
respects and in all details and Purchaser agrees to f dl y and promptly comply
with all of the Artist's written and oral directions in connection therewith.
Artist shall have all final approval over all material matters relating to the
engagement. Artist shall have the exclusive right,in Artist's absolute 1
discretion,to designate and change Artist's back-up personnel, !
Ij,plFA,LT OF PURCHASER (
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If Purchaser refuses or neglects to provide any of the items required of him,
hereunder, or fails or refuses to proceed with his presentation of the
engagements)which arc the subject of this agreement and/or fails to make
any of the payments referred to herein,or fails to fiunish the type,size and {
quality of public address system requested by the Artist,should said public
address system be otherwise than in perfect working order,then in any such i
event(s):
a. Artist or Artist's representative,in Artist's sole discretion,may f
thereupon terminate his agreement without liability of airy kind to i
Artist, {
b. Artist shall have no funkier obligation to perform this agreement, t
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c. Artist shall retain all amounts theretofore paid to Artist by Purchaser,
d. Purchaser shall remain liable to Artist for any additional f
compensation herein provided and
e. Artist shall also be entitled to exercise all remedies then available to
Artist at law.
12YA-IMEW CLAMS
A.All payments by the Purchaser to Artist required pursuant to this
agreemen,shall be made in the form of C
and payable to i
"DAVID BENOIT MUSIC,INC."
Universities can make anugements to pay with a University Check
contacting Artist's agent in advance of performance date.No personal
checks shall be accepted and all payments still owed to Artist must be paid
prior to Artist performing said engagement.
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B. In the event that the compensation payable to Artist is measured in whole
or part by a percentage of gross receipts,Purchaser shall pay Artist the
balance of any guaranteed amount PRIOR to Artist's performance. Any
balance due on a percentage computation will be paid as soon as possible
afar the closing of the box office.In no event will that take longer than
one-half(l/2)hour after the end of Artist's performance.
13.IN THE EVENT OR A PERCENTAGE ARRANGEMENT
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A. Artist's representative shall have complete access at box office,and shall
otherwise be permitted to satisfy himself as to the gross gate receipts and to
any and all records showing expenditures with regards to this performance.
B. Upon final payment,Artist's representative shall be given a detailed box
office statement and a ticket printer's manifest.
C. All unsold tickets shall be made available to Artist's representative should
he desire to use them for verification or counting purposes.
D. Under no circumstances shall any tickets be discounted without prior
consent of Artist
M4.LEGAL CLAUSE
A. Artist hereby reserves the right to postpone this performance not less than i
thirty(30)days prior to the performance date by written notice to
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Purchaser,if the Atiist's services so called upon to be rendwed itt
conaecdon with televislom,motion pictures,film soorl ng,or a theatrical
stap Icy.
B. It is acknowledged and agreed fast this agreement and ride'shall be
ommtrued in accordance with the laws of the state of California,Should
there be any conflict or imcandstency between the provisions of the rider
and the ageaeementto which the rider b attached,it is expmsaly agreed that
the provisions of the rider in all suoh respects govern and controL This
agreement carmot be mods c4 amended or supplemented except by a
written instrument or instruments executed by each of the patties hereto.
C. Any claim or dispute arising out of or relating to this agreement or the
breach thereof$ball be settled by means of arbitration in Los Angeles,
California under the labor rules and regulations and procedures under the
American Arbitration AssociWon.In the avant of any action,prooeeckmg or
arbitration is institated by any party hereto with respect to the amfiarcement
or interpretation of the agreement,and ibis rider,or any provision thereof,
the patty which prevails in said soft,proceeding or arbitration shalt be
entitled to recover all it's costs and expanses,imcbiding,without limitation,
attomey's fees inccnred in oonnection therewith.
15,.=ABOVE CpNsTjTUUS TM SOMLETS AND B
AGREn` IE.NT BETS M THE EAR=RMO
BY SIGNING THIS RIDER,YOU ARE AURRIWO TO ALL
REQUM,MMT1 S,TERMS AND CONDITIONS STATED WITHIN.ANY
BREACH OF THE TERMS OF THIS kWEilt WILL COMMUTE A
BREACH OIL THE AZTACEM CONMACT AND MAY CAUSE ARTIST �
TO p"USE TO PERFORM WITHOUT RBLBASWO YOU FROM THE
OBLIGATION TO PAY ARTIST.
AGREED AND A.CCSPTl3D:
pm Artist(representative) }
Date Dad i
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