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HomeMy WebLinkAboutCAG2012-0776 - Original - Bill Harley - Spotlight Series: Bill Harley - 04/27/2012 V>> A it Records M f gemen; KENO Document W ASHINGTON v �T 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: Bill Harley c/o Mike Green and Associates Vendor Number: 459412 ID Edwards Number Contract Number: - 0-27 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: 4/18/12 Termination Date: 3/3/13 Contract Renewal Notice (Days): 90 Number of days required notice for termination or renewal or amendment Contract Manager: Ronda Billerbeck Department: Parks Detail: (i.e. address, location, parcel number, tax id, etc.): Saturday, March 2, 2013 performance S'Publlc\RecordsManagement\Forms\ContractCover\adcc7832 11/08 t' KEN T LNASHINGTON CONTRACTOR SERVICES AGREEMENT between the City of Kent and Bill Harley C/o Mike Green and Associates THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Bill Harley, clo Mike Green and Associates located and doing business at 339 E. Liberty St., Suite 220, Ann Arbor, MI 48104,734-769-7254(hereinafter the"Artist") 1. DESCRIPTION OF WORK. Artist shall perform the following services for the City Description: Bill Harley (hereinafter referred to as"Artist")will present one public performance as part of the Kent Arts Commission's"Spotlight Series" Start Time/Duration: 3 00 p m (tentative)/approxi mate ly 60-75 minutes Day, Date,Year: Saturday, March 2, 2013 Event Location: Kent Commons, 525 4"'Avenue North, Kent, WA 98032 (tentative) Merchandising: Artist shall have the sole and exclusive right, but not obligation, to sell souvenir posters, programs, CDs, DVDs and other merchandise directly pertaining to and/or bearing the likeness of the Artist at the performance City will retain 15% of the receipts when Artist provides sales staff and 20% of the receipts when City provides sales staff Outreach: Artist will conduct two (2) educational outreach activities on Friday, March 1 at a Kent School District elementary school, TBD Lodging: City will provide one (1) hotel room on the nights of Friday, March 1 and Saturday, March 2, 2013 Meal(s): City will provide a meal and refreshments on the day of the performance as specified in the attached rider Billing: "Bill Harley" Artist to receive 100% sole headline billing in all advertising, with exception of season brochure Sponsorship: City reserves the right to obtain corporate sponsor(s)for Artist's performance Exclusivity: Artist shall not appear in general Seattle/Puget Sound market, including King, Pierce Snohomish and KitsaP Counties, within two-months before or after March 2 2013 with the exception of venues previously discussed and mutually agreed P upon House seats: City will hold six(6)complimentary house seats for Artist, to be released 24 hours prior to curtain if not notified by Artist *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 Artist the total sum of $5,000.00 for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement A 50% deposit of $2,500 00 will be paid, by City of Kent check, to Mike Green & Associates (EIN 20-0254937) upon complete execution of contract The balance of$2,500 00 will be paid, by City of Kent check, to Round River Productions, Inc (Tax ID 27-1572223)on the day of the performance III. PRESS MATERIALS. Artist 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 CONTRACTOR SERVICES AGREEMENT- 1 (Under$10,000—Sole Performer) r All costs incurred by the City due to Artist's failure to comply with the terms and conditions of this Agreement shall be the responsibility of the Artist The City may deduct Its costs from any payments due to the Artist or pro-rate the Agreement amount based upon the actual time of Artist'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 Artist 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 Artist 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 casts 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 Artist H Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits re 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 Artist agrees to comply with all federal, state, and municipal laws, rules, and regu lations that are now effective or in the future become applicable to Artist's business, equipment, and personnel engaged in operations covered by this Agreement or arising out of the performance of this Agreement CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000—Sole Performer) IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. ARTIST: CITY OF KENT: B �-- By y sign ure) ) Print Name M \�(si a rGe^ture Print Name Lori Hogan Its en Its Superintendent. Recr do and Cultural Services (title) (title) DATE L4 I SC I I Z DATE `t l� NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ARTIST: CITY OF KENT: MI J`C GGn 5a �l is Ronda Bdlerbeck, Cultural Programs Manager City of Kent 220 Fourth Avenue South Kent,WA 98032 - (telephone) _(facsimile) (253) 856-5050 (telephone) (253) 856-6050 (facsimile) rbillerbeck(,)kentwa gov PK TFORMS=NT GN ntNetGMf*d INRLS,CwuhntSenceM"emeNaPwx Qroect PeNameRmW.Ox CONTRACTOR SERVICES AGREEMENT-4 (Under$10,000—Sole Performer) i EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract CONTRACTOR SERVICES AGREEMENT-5 (Under$10,000—Sole Performer) CXjhb ! T Bill Harley Solo Family Concert Technical and Concert Riders Please don't let the detail of this rider scare you We (like you)want to make sure that Bill can do his very best work and, for that to happen, the sound, lighting, care of the audience and hospitality need to be organized well before Bill arrives Please review this information at least one month before the concert and direct ANY questions to Michele Eaton (Bill's road manager) at 508 336 9703 (Round River Productions) or Michele@billharley com Technical Rider I Stage A. The stage should be a raised area (at least 12" high) no smaller than 12' x 12' The persons in the furthest seats should have a clear, unobstructed view B. On stage (besides the necessary P A. equipment described later in this rider) should be •Two (2) armless straight-back wooden chairs or sturdy wooden 24-inch stools • One (1) small table (with bottled water at room temperature) • One (1) guitar stand See the attached stage diagram for the placement of above items 11. Sound System Requirements (see attached diagram for set up) Bill travels with his guitar(s), two direct boxes and an instrument cable All other sound equipment(listed below) is the responsibility of the presenter The P A should be a professional quality system (with equalization on monitors and mains and reverb on mains) run by a qualified professional soundperson that will more than adequately fill the performance space The mixing board should be run from the house, not from a place on stage if at all possible •Amplifier Wattage should be adequate for the size of the hall with a graphic equalizer (minimum 5 band) and a minimum of 4XLR inputs for low impedance mikes • Speakers Two (2) columns or cabinets with horns • Monitor Speaker Minimum 1, prefer 2, good quality—floor wedges are required • Microphones Two (2) high quality low impedance vocal microphones—at least one must be a non-condenser(e g , Shure SM 58) • Microphone Stands Two (2) microphone stands with boom arms and mike holders • Cables Three (3) low-Z microphone cords All necessary cables should be provided • Battery One (1) new alkaline 9-volt battery per show • Power Source Outlet (with extension cord if necessary) should be run to mike positions for foot pedal Bill travels with a Boss Loop machine and will plug in one non-condenser (e g , Shure SM58) into the loop machine with an adaptor (he carries adaptor) The Loop machine has an out to the second direct input box Condenser microphones requiring phantom power will not work with the loop machine They are fine for other microphone III Lighting Requirements We understand that not all theatres have the same equipment and capabilities for lighting Minimally we require A Stage Lights Adequate lighting on the stage so that Bill's performing space is brighter than the audience (Bill performs in the center of the stage, closest to the audience/Downstage Center Bill should be lit so that his face and upper body can easily be seen by the audience B House Lights Reduce the house lighting to 25% for the performance This should create an intimate setting reducing the awareness of the wings while allowing Bill to interact with the audience C. If these extras are possible, please let Michele Eaton know • A special light or lights that can be used separately or in conjunction with Bill's general performance lighting • The ability to refocus lights to give Bill more lighting options •The ability to choose different gel colors to create a mood for specific songs or stories If any of the extras are possible, we will want to add 15 minutes to the sound/light check to deal with lighting options IV Sound and Light Check A Bill will arrive at least 90 minutes prior to show time He appreciates someone greeting him to familiarize him with the setting and assist with load in Please have sound crew set up and ready for sound/lighting check upon Bill's arrival Sound check will take 15-30 minutes depending on available lighting options. B Please don't let any audience members into the hall before all checks are completed Thanks) S Concert Rider I Care of the House A. Seating • Children and parents must be seated together • In a non-traditional setting Bill wants families seated as close to the stage as possible to create an intimate environment Please speak with Bill's office should you have any questions B. House Management • Because Bill works with family audiences, he regularly encounters, and understands a certain level of"white noise behavior may from the audience However, there ]s a time when some y need to be addressed A house manager is helpful to assist with the seating process and to prevent disruptions during the concert C. Introductions • Bill prefers short introductions It is always best if you have a personal story about his work to welcome him to the stage We have a suggested introduction if you prefer—just let us know • Bill requests, as part of the introduction, that you remind the audience this is going to be a fun and participatory concert, but that it's a "sit and listen concert" not a "get up and dance concert" And to remind parents that if their children are having a hard time, they are welcome to bring them out until they can settle down so as not to disturb others • Bill's concerts typically run between 60-75 minutes without an intermission Adjustments can be made if we know in advance II Backstage A Food • A light meal before the show would be greatly appreciated Bill enjoys local specialties but heavy foods are not easy to digest before a performance Grilled chicken or fish, sandwiches on wheat bread (tuna, chicken salad or turkey breast), pasta salad are all good choices Fresh fruit and raw vegetables are also fine and appreciated • In morning and afternoon, hot black tea is appreciated • One (1) quart of bottled water, room temperature please. B Dressing Room • Bill will need a clean room to tune up, dress and store his guitar cases It should be lockable or guarded during the performance as his equipment is valuable and, have or be near a private restroom • In addition it would be especially helpful if the dressing room had -A chair -An iron and ironing board -Towels and soap -A mirror III Logistics A Travel • If you are meeting Bill at the airport please make sure we have the name and cell phone of the person meeting him in case of delays • Unless other arrangements are made, Bill will look for you in the baggage claim area (if he doesn't know you, a sign with his name will be helpful]) Bill travels with a large suitcase, large (and heavy) guitar case and a couple of carry on bags • If Bill is arriving by car, please make sure we have written directions with a map to both the hotel and venue (no Mapquest please as it is often not accurate) B Housing • Bill will need one (1) non-smoking room and prefers, if at all possible not to stay on the first floor •The following hotels are chains he has stayed in and is familiar with— please let us know if you have questions Hilton Hotels which include (Hampton Inn, Hilton, DoubleTree), Summerfield Suites and Marriott Hotels We are happy to work with you on finding a hotel if you prefer • Bill likes to exercise on a regular basis Choosing a hotel with a decent fitness room, pool or access to a local gym or YMCA is greatly appreciated IV Recordings and Books A Bill will have an assortment of his recordings and books to sell before and after the show— if time allows, Bill would like to meet and speak with the sales people to familiarize them with the recordings B Bill's office will ship recordings to you in advance with posters, inventory information, product descriptions and sales information The following is a list of helpful tips and tasks • For a large venue (500+) two large sales tables are suggested to relieve congestion •Two people per sales area will be needed to manage sales • It is helpful to have one area for cash and checks, a separate area for credit card sales • Please provide cash box and keep it separate from ticket and food sales ($50 in change recommended —assortment of singles and fives is best) •All sales in Massachusetts must include additional 6 25% sales tax • Personal checks made out to Round River Productions or Round River Productions, Inc will be accepted •We rely on presenter to take a final inventory and re-pack unsold product carefully for shipping For local performances, product will be returned to Bill Harley on the day of the performance For non-local performances, product will be returned via UPS (800 742 5877) ground service, valued at $100 Ship to Round River Records • 301 Jacob Street • Seekonk, MA 02771 Product should be shipped as received-in double boxes with adequate padding to prevent breakage Round River Records reimburses for UPS shipping charges upon request or when invoiced V Payment If any portion of payment is based upon a percentage of gate receipts, a written breakdown of the gate receipts and expenses will be given to Bill Harley at the time of payment In addition, please fax a copy of this breakdown to Bill's office Fax 508 336 2254 Attention Michele Eaton VI Promotion A No opening acts for family shows please B. We are happy to furnish you with all you need to promote the event, including posters, CDs, DVDs, B-Roll for local TV and sample press releases Contact Debbie Block at 508 336 9703 or by email at debbie@billharley com C. Bill is happy to help out your promotional efforts with radio, television, newspaper and telephone interviews along the way as his schedule allows All interviews should be set up at least two weeks in advance of the appearance Last minute interviews are difficult to schedule Contact Debbie Block at 508 336 9703 or by email at debbie@billharley com to set up interviews l i D Bill would appreciate six (6) complimentary tickets for the performance If the concert is sold out we will release these seats if he doesn't need them E Recording, broadcast, photographing of the concert should only be done with permission of either Round River Productions or Bill in advance of the concert Please send copies of any radio or video or photos taken to Round River Productions, 301 Jacob Street, Seekonk, MA 02771, following the concert THANKS -that's iti Agreed to and accepted by Authorized Signature Date Printed Name yj d LLi 4 LA U Y ca p C wr b �iy "+r h � .. © tA Y_ �1 t� 9 PAGE 339 E Liberty St , Suite 220, Ann Arbor, MI 4810, 734 769 7254 fax 734 761 7559 www,mikegreenassociates com e-mail contracts@mi keg reenassoa ate s com PeenPerformance Agreement A N o A S S O C I A r E s The terms on page 2 and the rider/stage plot are part of this agreemen! Artist: Bill Harley Presenter: Kent Arts Commission Billing: Bill Harley Format: solo 220 4th Ave South Saturday, 3/2/2013 Kent, WA 98032 EventTime 7 00 pm USA Perf Length two 45-minute sets Ronda Billerbeck Load in peradvance Phone 253-856-5055 Sound Check per advance Fax Doors Open E-mail rbillerbeck@a kent wa us Artist on Stage 7 00 pm Ticket info 253-856-5050 VENUE: Ticket website www kentarts com Kent-Meridian Performing Arts Center 10020 S E 256th Street Tech Contact Dan Mortensen Phone 206-525-2113 E-mail dansound@clearwire net Kent, WA Fax USA Deposit: $1.750.00 Due 4/1/2012 Backstage phone. l�- Deposit Payable To Z`�« Guarantee: $3,500 00 Funds U S Mike Green & Associates EIN 20-0254937 kxr'Cefi1Ci� flat t'ec(dI Frr1�itCt� Balance: balance 1,750 in full on 3/2/2012 a ce of$ v C , immediately upon completion of performance Ticket Prices: Balance Payable To Round River Productions Inc Advanced Tax ID. 27-1572223 Day Of Show. Other Artists on Bill: Capacity 360 family concert with Bill Harley Gross Potential $- Lodging: one single hotel room provided for one-night 2 Merchandise Deal: Travel: not provided Presenter sells and keeps 15% Return Contract By. 4/1/2012 Additional Considerations: Signatore Laurie Hogan Agent Mike Green Company- Kent Arts Commission Date. Return Contract By: 4/1/2012 Date 12/20/2011 S Mike Green And Associates PAGE 2 Performance Agreement Artist- Bill Harley Date Of Engagement: 3/2/2013 ARTIST INFORMATION Bill Harley Management Record Company Road Manager Publicity Round River Productions LL Round River Records Round River Productions LL Round River Productions LLC Debbie Block Debbie Block Michele Eaton Debbie Block (508)336-9703 (508)336-9703 (508)336.9703 (508)336-9703 debbie@biilharley com debbie@biilharley.com michele@billharley.com debbie@biliharley.com 1. PRESENTER'S UNDERTAKINGS: The PRESENTER agrees to furnish,at its sole cost and expense,a place of performance on the date(s)and at the times(s)stated herein,lighted, heated,ventilated, cleaned, and free from distracting noises. The PRESENTER further agrees to furnish adequate dressing rooms for the artists use, as well as a secure place, capable of being locked,for the storage of props, equipment and the personal belongings of the artists. The PRESENTER shall also provide janitors,ushers,ticket sellers,door keepers,the tickets for the performance and any additional services and personnel as required, as well as any license or permit required by any state or local authority 2. ARTIST'S UNDERTAKINGS: The ARTIST agrees to furnish the artist, costumes and all necessary props,for the performances listed herein, and everything necessary to the performance contemplated by this contract, unless otherwise provided by this contract, and to give said performance(s) in a proper and creditable manner The ARTIST further agrees to setup and dismantle the props supplied by it,to furnish its own music when needed, provide the legal permit of the author for said performance(s)when needed,and pay any author's fees and remuneration if the same be required 3.TAXES: Any taxes imposed on gross theatrical receipts by the federal government or by the tax authorities of any state o municipality shall be the sole responsibility of the PRESENTER 4 INSURANCE. PRESENTER warrants that it has both personal injury and property damage liability Insurance on the premises at which the performance shall be given 5 SANITARY WORKING CONDITIONS The PRESENTER agrees to comply with all applicable laws and ordinances pertaining to the maintenance of safe and sanitary working conditions for the performer(s) 6. OBSERVANCE OF LAW: The PRESENTER agrees to conform to all federal,state and local laws,orders, regulations applicable to the performances to be given under this contract. 7. JURISDICTION AND CHOICE OF LAW: It is expressly understood that this agreement arose and was entered into in the state of Michigan,U.S.A.,notwithstanding the actual status of any individual at the time of signing. It is further understood that this agreement shall be governed by and construed in accordance with Michigan Law and by the signing of this agreement the parties recognize the full jurisdiction of Michigan courts relative to any dispute arising out of this agreement. 8. FORCE MAJEURE. if either party is prevented from performing the obligations created because of illness,act of God (defined as fire,flood, accident, riot, order of any authority or any other calamity), or if by reason of strikes and civil actions. lockouts or any other cause beyond the control of either of the parties, neither party shall be liable for the balance of the contract. 9. RIDER- The rider noted on page 1 of this agreement is made a part of this contract.