HomeMy WebLinkAboutPK18-358 - Original - We Banjo 3 - Contract - 08/01/2018 J
`✓ KENT Records Management Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
Q Blue/Motion Sheet Attached
Pink Sheet Attached
Vendor Name: We Banjo 3 C/o Skyline Artists Agency
Vendor Number (JDE): 53512
Contract Number (City Clerk): PK- 1SS -;5'S
....._...... ......
Category: Contract Agreement
...... . .......,,,,, .... .. .........------,.
Sub-Category (if applicable): Other,_
Project Name: 2018-2019 Spotlight Series
Contract Execution Date: 8/1/18 Termination Date: 10/13/18
Contract Manager: Calleen Bidman Department: Parks
Contract Amount: $3,750.00
Approval Authority: x Director ❑ Mayor ❑ City Council
Other Details: One oerfo,rmance Saturday October 13„ 2018.,
_...._... ...........
K1ENT
CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
We Banjo 31Martin Hnwlpvl
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and We Banjo 3 (Martin Howley), c/o Skyline Artists Agency located and doing business at 48 Prospect
Street, Whitefield, NH 03598, (866) 531-2172 (hereinafter the ''Contractor"),
1. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City.
Description: Contractor will present one public performance (as a co-bill with Skerryvore) as part of the Kent Arts
Commission's "Spotlight Series "
Start Time/Duration/Stop Time: 7:30 p m /20 minute intermission / 9:30 p.m. (45-60 minute set, performance order tbd)
Day, Date, Year: Saturday, October 13, 2018
Event Location: Kent-Meridian High School Performing Arts Center, 10020 SE 256"St., Kent, WA 98030
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 hotel accommodations IS rooms)for Contractor for the night of Saturday, October 13, 2018.
Hospitality: City will provide according to artist rider.'
Billing: ''We Banjo 3 and Skerryvore," 100% cc-bill.
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 during the 2018-2019 season
(September 2018 to August 2019), including King, Pierce, Snohomish, and Kitsap Counties, with the exception of venues
discussed and mutually agreed upon,
House seats: City will hold six (6) complimentary house seats for Contractor, 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 Contractor the total sum of $3,750.00 for the work to be performed
under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. A
deposit of$1875,00 will be paid, by City of Kent check, to Skyline Artists Agency upon complete execution of the contract.
The balance of$1,875.00 will be paid, by City of Kent check, to Martin Howley on the day of the show_
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
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 Contactor as follows below:
CONTRACTOR SERVICES AGREEMENT - 1
(Under s 10,000—Sole Pertormer)
Venue: City will provide proscenium theater: Kent-Meridian 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."
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.,
"A11 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, avid 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 estab!ished 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.
F 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 all Independent Contractor-Employer Relationship will be created by this Agreement arid 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 Agreemenl and compliance with its terms and conditions
VI- 'WORK PERFORM ED AT CONTRACTOR'S RISK. Contractor shall be responsible for the safety of its
employees, agents, and subcontractors in the performance of the conGrtict 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, dairlages, losses or suits, including all legal
costs and attordey fees arising out of or in connection with the Contractor's performance of this Agreement, except for
that portion of the injuries acid damages caused by the Cit,ys negligence, including .assertions that the use or transfer of
any software, book, document, report, film, tape or sound reproduction delivered in accordance witin this Agreement
constitutes an infringement of any copyright, patent tradernark, trade name, or otherwise resu is 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$4 0,000—Sole Performers
X. IMPOSSIBILITY OF PERFORMANCE. Indei'e�aerfoau aar�ces nlav be doge Juent Ippo cifa't _vu rich,_t ,g,
C rc1y.or__+ n d have Lid'"t Kr Dove. Outdoor performances are considered "rain or shine." In the event that extreme
inclement weather renders and outdoor performance impossible, or an indggr_far •uPitl unexpt"Ctedly_ye,�rur�s ux�2avrlp��jlr�,
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 failure to perform as provided in this section, neither party shall be
liable for the balance of the Agreement.
XI. MISCELLANEOUS PROVISIONS.
A. Dsi g lrrin"taoort_ 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,
6. 1�ecyc la ale MLilGrraLa. 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. bLcn- iver of Eireachw. The failure of the City to insist upon strict performance of any of the covenants
and agreements contained in this Agreement, or to exerese 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. 4r„'ti�ttssaVoiCifrn rgf_C;�ispaa, ,_, nd 4 ovrsrr7i+'r _wr. 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, gLovidewf, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under
Section VII of this Agreement.
E. !�trften N ice. 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 ss crartrfCcit. 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. hf U�itrraratuori; 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.
IT Entire Aauem �4, 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
staternenls 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.
CrarnL)ILpnce witi2 R,aws. The Contractor agrees to comply with all federal, state, and municipal laws, rules,
and regulations kfaal 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
L. City Utr uu;s s Liar rise latrr�uor'ocf. Prior to commencing the tasks desc,ibed in Section I, Contractor agrees
to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code.
K Cour1ie_rLj.Kpg. This Agreement may be executed in any number of counterparts, each of which shall
constitute an original, and all of which will together constitute this one Agreement.
CONTRACTOR SERVICES AGREEMENT - 3
(Under.s7 o,000—Sole Performer)
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date
entered below.
CONTRACTOR CITY OF KENTBy
$f rRatupl &
— _
ar{in Howle "y" u l
Print Na ie, Y Print Name:_I ari N gn�i_.��
:'+ Its Director F arks Roc�lron & t onitnunily Sm—1 rgs-
7/31/18 (rule) Ile)
DATE., DATE: ` t
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
We Banjo 3 ... ___...., __ Ronda Billerbeck, Cultural Programs Manager
City of Kent
220 Fourth Avenue South
Kent. WA 98032
_._. m _ ngde) 253) 856 5050 (telephone)
(253) 856 6050 (facsimile)
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$7 o,000—Sole Performer)
Page Number: 1 of 2
- - - --_=ales==tea sue= Printed On: Mar 5, 20184:58 PM
-- ---'----'---'g Phone: 666.531.2172
Fax: 866.214-8562
Agent., Mark tool
A R T I S T S A G E N C Y CONTRACT ill 37596
By mutual agreement made this date, Mon, Mar 5, 2018 by and between Martin Howley(hereinafter referred to as"ARTIST')and Kent Parks, Recreation
and Community Services/City of Kent Arts Commission(hereinafter referred to as"PURCf IASER").The undersigned ARTIST and PURCHASER agree
to the following terms and conditions for the entertainment presentation described below
DATE(S): Sat Oct 131h, 2018
ARTIST: We Banjo 3 BILLING: 100% Co-Headline
VENUE: Kent MeridianHigh School PAC AGES: All Ages
ADDRESS: 10020 BE 256th St. CAPACITY: a.7.Q- 1j5�
Kent, WA 98030
PHONE: 253-8565050
ANNOUNCE DATE: Sun Jul 1st, 2018 ON SALE DATE: ..
PROMO ADVANCE:Ronda Billerbeck TECH ADVANCE r Can Mortensen
Phone-253 856-5055 (Work) Phone. 206-525-2113(Work)
Phone. 206-450-7203 (Mobile) ETail dansoundinc@gmail com
Email: rbillerbeck@kentwa-gov
DAY Or SHOW: Ronda Billerbeck - Day Of SHow
Phone 206-450-7203(Mobile)
Email
LOAD IN: peradvance
SOUND CHECK: per advance
DOORS: 700 pm
SHOW: 7.30 pm
SET LENGTH:
DEAL: Guarantee_ $3,750,00 Flat
Purchaser to provide lights and sound
ADDITIONAL PROVISIONS:
100% co-bill with Skanyvare. One set by each act. Exact show order TBD on advance Purchaser to provide 5 rooms at a quality
nationally franchised hotel and hospitality and Back line as per rider. 6 comp tickets per band. Stated gross potential may not reflect
season, subscriber. member, group, student or senior discounts Radius Clause, 40 miles 2018-2019 season (September 2018 to August
2019), including King. Pierce, Snohomish and Kitsap Counties, with the exception of venues previously discussed and mutually agreed
upon-mcludinc Broadway Center in Tacoma, Edmonds Center for the Arts in Edmonds.
OTHER ARTISTS: Skerryvore, 100°rb Cc-Headline 2 sets-exact show order TBD, / 30 our
CONTRACT DUE. Wed, Mar 21. 2018
1� olp A° °
DEPOSIT(S): A certified check deposit or an A wire of$1.8(gU payable to Skyline Music Deposit Account is due 7r1312618
Balance to be paid by City Check and made payable to Artist per Artist's W9 prior to performance
TICKET PRICE: CA$28.00/$0 00[470]
Seniors$26..00/$0 00 )0]
Youth-under 18 $15.00/$0.00[0)
TICKET FEES. None
GROSS POTENTIAL: $13,160.00 TICKET TAX: None to be Deducted
ADJUSTED GROSS PTNTL: $13,160.00
GROSS PTNTL AFTER TAXES AND FEES: $13,160.00 MERCH W All March types. 851%Artist Sells
48 PROSPECT STREET WHITEFIELD, NH 03598 PH. 866 531 2172 FX. 866 214 8562
www skylineonllne,com
Page Number: 2 of 2
CONTRACTil 37596
All Merch types 80%Venue Sells
Deposits .............._.. ...._.—.........._
Wires.ACCT#2000042656562 ROUTING#121000248 Swift code WFBIUSI
Skyline Music, LLC Artist's Deposit Account,cfo Wells Fargo, NA,
420 Montgomery Street,San Francisco,CA 94104
Checks.Skyline Music Artists Deposit Account 48 Prospect Street,Whitefield, NH 03598
1)If the ability of Artist to perform is rendered impossible, unfeasible or unsafe due to sickness,strikes,adverse weather condition,acts of God,or any other
legitimate condition beyond its control ArIW will not be held responsible for any loss incurred by the Purchaser,as a result thereof_
2)No performance by Artist pursuant to the contract shall be recorded,reproduced ortransrintged from the place of derlDrmance in any manner or by any
means whatsoever in the absence of a prior written agreement with Artist rerafiing to and peornhing such recording,reproduction,or transmission.
3)IF is mutually Understand and agreed that this contract shall be governed by the laws of the State of Virginia, both as to interpretation and pPAremance_
Any legal action or other judicial proceeding for the enforcement of this contract or any provision thereof shall be Instruted only in the state or federal courts
located in the City of Roanoke,Virginia,
4)1"tie pea'son signing this contract for Purchaser warrarta that they are of Iegai age,have the right to enter into this contract,and by executing this contract
ackncisholge their authority to de so,and hereby assume liability for the art stated herein.
5)This contract was negotiaded 4viih the specific ticket saw.s,capacity,and gross potential listed above,Any additional moneys generated in any of these
negotiated points will be 117U%du.le ANst Enlfly on derraand.
6)Venue shall also provide and pay for all iterns contained in Artist rider attached hereto
7)It is agreed that Artist signs this contract as an independent contractor and not as an employee. This contract shall net in any way be construed so as to
create a partnership, or any kind of joint undertaking or venture between the parties hereto,nor make Artist liable in whole or in part for any obligation that
may tie incurred by Purchaser in f*urctsaupr's r)t irey put any of the provisions hereof or oloorvake.
8)Nothing if,the contrast shall squire the tiomnaasstoo vataay act contrary is law nr err any Hales or regulations,governing the services and personnel to be
furnished by AI Its•to Purchaser heaeundor,If theire is any spngict between any gestation nh this c'a rlhar'a1 and any law,aule.or regu0i such law, rule or
regulation shall pvovatl arid this corniest small he modified or IinGim7d only to file extent neee,.assary to Obtfunale such vitiopi l
9)In the event of any Inconsistency between the provisions of this contract and the provisions of any riders, addenda,exhibits or any other attachments
hereto,the parties agree Thal the provisions most favorable to Artist shall control.
10)Purchaser hereby Indemnifies and holds Anist,as well as its respective agents,representatives,principals,employees,officers and directors, harmless
treat and against any loss,damage or expense,including reasonable attorneys fees,incurred of suffered by or threatened against Artist or any of the
foregoing in connection with or as a result of(a)any breach by Purchaser of the provisions of this contract and On any claim of any kind brought by or on
behalf of any third party as a result of or In connection with the Engagement,which claim does not result from the active negligence of Artist.
11)Skyline Music, LLC dos Skyline Artists Agency("Agent)acts herein only as agent for Artist and is not responsible for any act of commission or omission
on the part o°either Artist or Purchaser. In furtherance thereof and for Fie benefit of Agent,it is agreed that neither Purchaser nor Artist will name or join
Agent as a part in any civil action or suit arising out of,in connection with,or related to any acts)of commission or omission of Purchaser orArtist
12)This contract(a)cannot be assigned or transferred without the written consent of Artist do)contains the sole and complete understanding of the parties
hereto and(c)may not be amended sApplernented,varied or discharged except by an Instrument in writing signed by both parties
BY X BY X
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48 PROSPECT STREET WHITEFIELD, NH 03598 PH, 866.5312172 EX. 866.214.8562
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Hospitality Rider
Meals:
Unless stipulated otherwise in the Contract, Buyer will provide a hot, well-balanced
meal (with beverage) for four (4) Please note the following dietary requirements of
the band.
o Martin Howley—severe nut allergy (anaphylaxis)
Enda Scahill —gluten and dairy free diet (no oats, wheat flour, eggs etc)
Fergal Scahill — gluten and dairy free diet (no oats, wheat flour, eggs etc)
Dressing Room:
A well-lit, private, lockable dressing room and bathroom is to be provided for the
duration of the evening.
Free access to a Wi-Fi internet connection.
The following (prioritized) items should be placed in dressing room prior to sound
check:
0 (4) small, clean towels (to be returned after the show)
0 8 bottles of still water at room temperature
1 bowl of fresh fruit & veggies
m Coffee and Green Tea
0 Plates, utensils, cups, napkins and ice as appropriate
Lodging:
Where rooms ARE being provided by purchaser per contract, they shall be four (4)
single occupancy non-smoking rooms for the evening of performance, and will
provide Artist with a confirmation number when show is advanced
Hotel must be located reasonably close to the venue otherwise ground
transportation will be a requirement.
Be sure to guarantee the rooms for late arrival and late check-outf
Purchaser signature
ZKYUNrE
Mark Lourie B66-531-2172 404, mark@sWineonline.com