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HomeMy WebLinkAboutCAG2012-0779 - Original - CMI Entertainment, Inc. - Spotlight Series: Simply Sinatra - 03/12/2012 Records Moi*a' gemenV KEN 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: CMI Entertainment Inc. Vendor Number: 442337 JD Edwards Number Contract Number: (JK*,-© 0 7 This is assigned by City Clerk's Office Project Name: 2012-2013 Spotlight Series Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 3/12/12 Termination Date: 10/21/12 Contract Renewal Notice (Days): 90 Number of days required notice for termination or renewal or amendment jContract Manager: Calleen Bidman Department: Parks Detail: (i.e. address, location, parcel number, tax id, etc.): Simply Sinatra Kentwood PAC Saturday, October 20, 2012 S•Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT WASHINOTDX CONTRACTOR SERVICES AGREEMENT between the City of Kent and CMI Entertainment, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and CMI Entertainment, Inc. (hereinafter the "Contractor") , representing Steve Lippia — Simply Sinatra (hereinafter the"Artist"), located and doing business at 77 Ashwood Road, Port Washington, NY 11050, 516-944-7393 I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City Description: Contractor agrees to furnish the services of the Artist one public performance of Steve Lippia—Simply Sinatra Start Time/Duration/Stop Time: 7 30 p m /two hours with one 15 minute intermission/9 30 p m Day, Date,Year: Saturday, October 20, 2012 Event Location: Kentwood High School Performing Arts Center, 25800 164`h Ave 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) hotel rooms on the night of Saturday, October 20, 2012 Hospitality: City will provide hospitality as specified in the attached rider' Billing: "Steve Lippia—Simply Sinatra " 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 October 20, 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 "All as more specifically described in the attached Exhibit B Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed II. COMPENSATION. The City shall pay Contractor the total sum of $8,000.00 flat for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement A deposit of$1,200 00 will be paid, by City of Kent check, to CMI Entertainment, Inc (ID#20-1336003) upon complete execution of contract The balance of$6,800 00 will be paid, by City of Kent check, to Camazotz, Inc (ID #20- 0630166) on the day of the performance III. PRESS MATERIALS. Contractor agrees to provide to the City where appropriate, at his or her own expense, complete press materials, including hard copy or high resolution electronic photographs, biographic descriptions, and program materials, not less than six (6) weeks prior to the initial event date for the City's use in promoting the event All publicity and promotional materials regarding the event released to the media or public by the Contractor shall credit the City of Kent for its support of the event or project IV. PERFORMANCE SPACE. The City agrees to furnish, at its sole cost and expense, a place of performance on the date(s) and at the time(s) contained in Section I The City shall also provide ushers, a house CONTRACTOR SERVICES AGREEMENT- 1 (Under$10,000—Sole Performer) ' 1 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 and backline according to Contractor's technical rider Lights: City will provide lighting according to Contractor's technical rider" Dressing Rooms: City will provide dressing room facilities according to Contractor's rider" Technical Staff: City will provide sound and lighting technicians, and theater manager familiar with facility Contractor will provide any other technical staff, including a road manager or technical director, necessary for the performance *All as more specifically described In the attached Exhibit B V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement By their execution of this Agreement, and in accordance with Ch 51 08 RCW, the parties make the following representations A The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier(UBI) number from the State of Washington F The Contractor maintains a set of books dedicated to the expenses and earnings of its business The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested primarily only in the results obtained under this Agreement and compliance with its terms and conditions VI. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence, including assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction delivered in accordance with this Agreement constitutes an infringement of any copyright, patent trademark, trade name, or otherwise results in unfair trade practices The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification The provisions of this section shall survive the expiration or termination of this Agreement Vill. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference IX. TERMINATION AND BREACH. Either party may terminate this Agreement, with or without cause, upon providing the other party ninety (90) days written notice at its address set forth on the signature block of this Agreement All costs incurred by the City due to Contractor's failure to comply with the terms and conditions of this Agreement shall be the responsibility of the Contractor The City may deduct its costs from any payments due to the Contractor or pro-rate the Agreement amount based upon the actual time of Contractor's performance compared to the contracted performance schedule CONTRACTOR SERVICES AGREEMENT-2 (Under$10,000—Sole Performer) X. IMPOSSIBILITY OF PERFORMANCE. Outdoor performances are considered "rain or shine" In the event that extreme inclement weather renders an outdoor performance impossible, the City will attempt to arrange an alternate performance space and Contractor will employ its best efforts to provide the contract work in that alternate performance space Neither party shall be under liability for failure to perform in the event that such failure is caused by or due to acts or regulations of public authorities, civil tumult, strike, epidemic or any other cause beyond the control of either party In the event of a failure to perform as provided in this section, neither party shall be liable for the balance of the Agreement XI. MISCELLANEOUS PROVISIONS. A Discrimination In the performance of work under this Agreement or any sub-contract, the Contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person B Recyclable Materials Pursuant to Chapter 3 80 of the Kent City Code, the City requires its Contractors to use recycled and recyclable products whenever practicable A price preference may be available for any designated recycled product C Non-Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect D Resolution of Disputes and Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement E Written Notice All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing F Assignment Any assignment of this Agreement by either party without the written consent of the non- assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent G Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor H Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the above documents are hereby made a part of this Agreement However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail I Compliance with Laws The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or arising out of the performance of this Agreement IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000—Sole Performer) v e CONTRACTOR: CITY OF KENT: By r/ G �' By V (srgnatu�e) , gnature) Print Name / /`�C(�. / ofe Print Name Lori Hogan Its C M � o 'iA/r-E-%- Its Superintendent Rec aj�nioln and Cultural Services DATE 36 (t e) DATE 3. ��`"(✓^ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: 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) P V.IvItFORMb3.'OMPACTYsiWelCaNxnFINALb'CewWeMbarvkNgeemenbWatkaComrM Peormerbmetl Em CONTRACTOR SERVICES AGREEMENT-4 (Under$10,000—Sole Performer) EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract CONTRACTOR SERVICES AGREEMENT-5 (Under$10,000—Sole Performer) ENTERTAINMENT, INC. AGREEMENT entered into on December 14,2011,between Ronda Bdlerbeck,Cultural Programs,Parks,Recreation,& Community Services,220 Fourth Avenue South,Kent,WA 98032, herein referred to as("PRESENTER")and CMI Entertainment,Inc.,hereinafter referred to as("AGENT") representing STEVE LIPPIA—SIMPLY SINATRA,hereinafter referred to as("ARTIST"). 1. The AGENT hereby agrees to furnish the services of the ARTIST. 2. Show: STEVELIPPIA—SIMPLYSINATRA 3. Performers: Steve Lip is&Big Band WILkinauAl 4. Date: Tuesday,O ober 20,2012 5. Time(s): �8.0 PM 6. Duration: Two(2)hours and one fifteen(15)minute intermission 7. Venue: TBD 8. Fee: $8,000+hotel accommodations of two(2)hotel rooms 9. Terms: A deposit of$1,200,is due upon the execution and return of this contract made payable to CMI Entertainment,Inc. (ID 420-1336003). The balance of$6,800, made payable to Camazotz,Inc. (ID#20-0630166),is due at the conclusion of the performance. 10. Technical Rider: The PRESENTER agrees to furnish all items stated in the attached technical rider. 11. IMPORTANT: Please provide directions to the venue and hotel,along with hotel name,address,telephone number and confirmation number,if applicable,upon return of the contract prior to the performance. Read,accepted,and agreed to by: CMIEEENNTE AINMEN ,INC. CULTURAL SERVICES—PARKS, REC.,&COMMUNITY S V1C Y S Vincent Mitchell R nda Billerbeck to Z t/ Date Contact#: Fax#: I Sean Casey J Vincent Mitchell U Lynneffe Crouse [HWt/Rep) 9712 Riverside Circle 77 Ashwood Rd 925 E 9rh Street Ellicott City, MD 21042 Port Woshnulton, NY 11050 fort Angeles, WA 98362 phone 410-203-9990 phone 516-944-7393 phone 360-457-9770 fox d10-203-a959 fox 516 883.9487 fox 360-452-3124 head5up21q%A0L coin m,tchel1969@A0l corn lynnettec@ofypen corn , 3 o 0 3 ; 2 I ' 0 N 7 O R f9 _ N � 3 R (1 0 C V) Q] r r) 3 v T U o a 3 o LD 0 c a rt o F v N V) ++♦ h o rD J 1 D n c �..., DYO C: a R n ♦+++++♦ 7 a y rt x � ? tL o CD V I n n C d v w Ln *+* art x D QJ ♦+++•.w n y a ..+. n Z ^ i+N+♦+� O a 3 C �__i_ x n O O � X m a c o Z o N n CD ++ V1 O ++ O r � o m m R c5c Hi art- TECHNICAL RIDER FOR STEVE LIPPIA AND HIS 10-PIECE BAND All of the lighting, sound and stage requirements, including operators shall be provided at PURCHASER'S expense. Basic Stage Requirement: 16' D x 30' W x 3' H or larger, full draping and steps for stage access Risers: Trumpets 12' wide X 4' deep X 18" high (Lips on back of risers required) Drums 8' wide X 8' deep X 18" high (carpeted) Lighting: Lighting grid to support front of stage and orchestra lighting for four (4) color washes (red, blue, amber and clear white) Minimum of One (1) super trouper spotlight (or equivalent) with assorted color gels. Spotlight to De positioned at the highest possible position Two (2) would be preferred, if available One (1) mixing board for the stage lighting Three (3) operators, one to operate mixing board and one each for the spotlights One (1) piano light Sound: Two (2) full speaker trees for the house on both sides of the stage Two (2) 2 front wedges, minimum for vocalist. Three (3) would be preferred if available. Three (3) band wedges , One (1) mixing board with separate stage and house mixing capabilities (with Operator or Two (2) separate boards A minimum 6f five (5) monitors needed for onstage sound Thirteen (13) band microphones Three (3) saxophones Three (3) trumpets One (1) trombone Piano (with music rack or stand and light) Bass direct Four (4) drum macs (wo (1) corned vocal mic, SM58 or equivalent One (1) equivalent wireless vocal mic (to be used by conductor) Twelve (12) microphone stands; assorted to accommodate instruments (minimum of six (6) goose necks) Instruments: Piano- One (1) 5-foot, minimum, baby grand to be tuned after rehearsal to A440 Drum Kit (If applicable, a separate rider available upon request) Music Stands, Lights and Chairs: Eleven (13) black, telescopic, "Manhasset-like" music stands with clip-on stand lights and extra bulbs 7 Chairs with backs for Horn section Hospitality: Venue/client to provide bottled water (minimum of 24 bottles), assorted soft drinks, sandwiches and chips, a selection of crackers, cheese and fresh pieces of assorted fruit for the musicians after rehearsal Please provide paper plates, plastic utensils, napkins and basic condiments (mayonnaise, mustard, salt, pepper, etc.) Hospitality shall not be removed before the end of the show. When multiple shows or multiple nights of shows are contracted, hospitality will be provided for each show Lodging: Unless prior approval as been received any lodging provided shall be a minimum of a (3) star property basea on a rating by AAA, Orbitz, Expedia, Hotels com Non-approved properties under any circumstances are Motel 6, Super 8, Knights Inn, EconoLodge, Quality Inn, America's Best Value Inn, Travelodge, Vagabond Inn, Baymont Inn, Howard Johnson, Ramada Limited, Rodeway Inn and Masters Inn. PURCHASER'S INITIALS ARTIST'S INITIALS Modified 8/15/2011