HomeMy WebLinkAboutCAG19-048 - Original - Tamulevich Artist Management - Spotlight Series: Peter Yarrow - 01/19/2019 -'E`NT 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.
Vendor Name: Tamulevich Artist Management on behalf of Peter Yarrow
Vendor Number (]DE): 1841704
Contract Number (City Clerk): , .01-1�
Category: 2018-2019 Spotlight Series
Sub-Category (if applicable): None
Project Name: Peter Yarrow
Contract Execution Date: 08/3/18 Termination Date: 01/31/19
Ronda Billerbeck Parks
Contract Manager: Department:
Contract Amount: $7500.00
Budgeted: z Grant?
Part of NEW Budget: F] Local: ❑ State: R Federal:
Related to a New Position: E] Notice required prior to public disclosure?
Basis for Selection of Contractor? Other
Approval Authority: 0 Director ❑ Mayor El City Council
Other Details: Contractor will present one public performance at part of the Kent
Arts Commission Spotlight Series.mm ......m.mm.mm...._
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CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
Tamulevich Artist Management on behalf of Peter Yarrow
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and Tamulevich Artist Management on behalf of Peter Yarrow located and doing business at 408 Westwood
Avenue, Ann Arbor, MI 48103 (hereinafter the "Contractor").
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Description: Contractor will present one public performance as part of the Kent Arts Commission's Spotlight Series.
Start Time/Duration/Stop Time: 7:30 p.m. / 90 minutes + one 15 minute intermission/ approx. 9:15 p.m.
Day, Date, Year: Saturday, January 19, 2019
Event Location: Kent-Meridian High School Performing Arts Center, 10020 SE 256`h 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 (2 rooms)for Contractor for the night of Saturday, January 19, 2019.
Hospitality: City will provide hospitality as specified in the attached rider."
Billing: An Evening with Peter Yarrow (of Peter, Paul & Mary). 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.
Exclusivity: Contractor shall not appear in general Seattle/Puget Sound market, including King, Pierce, Snohomish and
Kitsap Counties, within two-months before or after January 19, 2019, with the exception of venues previously 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$7,500.00 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$3,750 will be paid, by City of Kent check, to Tamulevich Artist Management (EIN#38-36-46687) by September
1, 2018. The balance of$3,750.00 will be paid, by City of Kent check, PY Productions on the day of the performance.
III. PRESS MATERIALS. Contractor agrees to provide to the City where appropriate, at his or her awn
expense, complete press materials, including hard copy or high resolution electronic photographs, biographic
descriptions, and program materials for the City's use in promoting the event. All publicity and promotional materials
regarding the event released to the media or public by the Contractor shall credit the City of Kent for its support of the
event or project.
IV. PERFORMANCE SPACE. The City agrees to furnish, at its sole cost and expense, a place of
performance on the date(s) and at the time(s) contained in Section I. The City shall also provide ushers, a house
manager, and box office staff and any additional services and personnel as required by the City, for the efficient operation
of the engagement. Other arrangements will be the responsibility of the City and Contractor as follows below:
CONTRACTOR SERVICES AGREEMENT - 1
(Under$iQ 000—Sole Performer)
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 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 8
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. Indoor performances maybe dependent upon a facility which the
City may or may not have control over. Outdoor performances are considered "rain or shine." In the event that extreme
inclement weather renders and outdoor performance impossible, or an indoor facility unexpectedly becomes unavailable,
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.
Xl. MISCELLANEOUS PROVISIONS.
A. piscrimination. 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. Recvc�rdals. 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. Resoltptlon of Disoutes 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 VI I 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 became 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 nor-
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.
J. City Business License Required. Prior to commencing the tasks described 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. Counterrgilrts. 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$f 0,000-Sole Performer)
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
CONTRACTOR SERVICES AGREEMENT - 5
(Under$10,000—Sole Performer)
IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date
entered below,
CONTRACTOR:. CITY OF K NT
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Ronda Bdlerbeck, Cultural Programs Manager
- ._. City of Kent
220 Fourth Avenue South
Kent, WA 98032
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" �__..___(facslmile) (253) 856-5050 (telephone)
r - (253) 856 6050(facsimile)
CONTRACTOR SERVICES AGREEMENT-4
(Under$10,000-Snfe Performer)
CONTRACT RIDER
Rider attached to and hereby made a part of contract dated x between
PETER YARROW (Hereinafter referred to as "ARTIST") and ( 1i( "
(I Iereinafter referred to as PURCI IASER ). _ r
Note: This tech rider is designed to apply to venues of 2,500 persons or more. If
PURCHASER's engagement is for a small group (80 or less), it may be that no sound
system will be needed. If the audience is between 80 and 500, generally a very simple
sound system, costing between $300-500 to rent with technician(s) included, will be
adequate. Such a sound system would generally include:
• Two (2) speakers on "sticks" (tripods) on each side of stage (4 speakers in all) for
front of house (FOH)
m A small mixer (Mackey is fine)
• Adequate amplifiers for the FOH speakers, and two (2) small monitor speakers
a A 1/3 octave (31 band) e.q. on the FOH speakers (set up in mono, not stereo)
• A 1/3 octave (31 band) e.q. on the monitor speakers (also mono)
• Two (2) SM58, and one (1) SM57 Shure microphones with three (3) boom stands
Even is a sound system such as described above is used, PURCHASER must read the
entire tech rider to familiarize him/herself with its contents that apply to any
presentation by ARTIST.
Sound technician and lighting technician must consult with ARTIST by phone no
later than two (2) weeks prior to engagement to obtain approval of sound system
equipment,to set up sound check time, determine precise nature of requirements,
estimate cost, etc.
It is the sole responsibility of PURCHASER to
• initiate calls to the Peter Yarrow Productions office to set up a telephone call
between the sound and lighting technician(s) and the ARTIST.
o The Peter Yarrow Productions office will be helpful in facilitating this call, but
it is of the essence of this contract that PURCHASER ensure this telephone call
to maintain the quality of ARTIST's presentation.
PURCHASER agrees that the following will be provided by PURCHASER for, and in
connection with, ARTIST's performance:
(ARTIST, in conference with the technicians, may eliminate some of these state
requirements as indicated above)
a) A quality sound system appropriate in size and power to the reinforcement demands
of the hall or performance place with three (3) phased low-impedance cardiod
microphones (two (2) Shure SM #58 (not Beta-type) microphones for voice(s) and one
(1) SM #57 microphone for guitar).
Sound system must have the capacity to mix separate sound levels for voice and guitar,
separate e.q. on each channel and a separate graphic e.q. for the front of the house
(FOH) sound set up in mono (NOT stereo) (preferably 1/3 octave,but 1/2 will do), as
well as graphic e.q. (1/3, 1/2 or full octave will do)on the monitor sound. Audience
"front fill" speakers, if needed, must have their own volume control. "Front fill"
speakers must also have a separate graphic e.q. if such speakers are a different size,
make, or cabinet from FOH main audience speakers. Time delay speakers, or audience
back fill speakers, must have their own volume control and separate graphic e.q. if such
speakers are different size, make, or cabinet from main FOH speakers. Main "house"
speakers must be elevated so that their bottom surface is a minimum of four feet (T)
above the height of the proscenium level of the stage or performing platform. The
placement of the P.A. speakers must be at an appropriate distance from the miked
center area of the stage, this distance to be determined in consultation with ARTIST.
b) Two (2) high-quality sound monitors.
c) Three (3) high quality microphone stands (or two (2) "boom" stands for vocal(s) and
one (1) "boom" or "gooseneck" stand for guitar).
d) Two (2) medium-height no-back stool,
e) Lighting Requirements: bright, warm lighting; head to toe on performing area of
ARTIST. Gels: light blue, light pink, light amber.
f) I land Two (2) single first-class hotel rooms.
g) PRESENTER agrees to make up to six (6) complimentary tickets available to ARTIST
or
ARTIST'S REPRESENTATIVE. The unused portion may be placed on sale the day of the
performance.
h) Transportation to and from airport, hotel, and place of performance. (ARTIST to be
met by PURCHASER or PURCHASER'S representative at the airport for briefing.)
i) In dressing area or room at the place of performance a snack tray with fresh fruit
(strawberries, grapes, melon), yogurt dip, herb tea, six (6) non-carbonated bottles of
water (example, Evian), milk and sugar prior to performance, available at start of sound
check.
j) ARTIST wishes to stipulate that the sound person and/or representative of the sound
company that supplies the sound system will be seated at the sound board for the entire
performance but will only make sound changes in the volume and/or e.q. of the sound
during the performance at the ARTIST's request. The sound company representative
will virtually not touch the sound board controls and faders during the performance
except at ARTIST's request from the stage.
k) Sound limiters or sound compressors must be turned off or bypassed to be made
non-functional for the duration of ARTIST's performance.
1) A sound and light check will be arranged with time to be set by ARTIST at which the
same personnel who will operate sound and lights at the performance will be present.
Generally, this sound and light check will be set for two (2) hours prior to the
performance, but this may vary if ARTIST's or PURCHASER's obligations or schedule
require another plan. Lights and sound should be completely set up and ready for
ARTIST's evaluation and adjustment at the time agreed upon for the start of the check.
m) Although there is some flexibility on some of these requests, any of these conditions
that cannot be satisfied can only be altered with the express written consent of the
ARTIST or his representative preferably three (3) months but absolutely no later than
two (2) months prior to the date of the presentation. Special exceptions to the two (2)
month time limitation can also be made by arrangement with ARTIST's office if
absolutely necessary.
n) Prior to their release or use for any purpose or reason (other than internal use by the
PURCHASER) ARTIST shall have the absolute right of approval of all promotional
materials, press releases, advertisements, programs, and any other written material in
which his name appears in connection with this engagement. ARTIST must be allowed
three (3) business days to fax opinions or corrections to the PURCHASER. All such
material MUST be faxed to Peter Yarrow Productions office @ 212-874-1973 and
approval must be received from the Peter Yarrow Productions office before such
materials can be printed and distributed. Please respect this request. It is an absolutely
essential condition of this contract.
AGREED TO AND ACCEPTED BY:
ON BEHALF OF ARTIST
ON BEHALF OF PURCHASER
ADDRESS OF PURCHASER,_Z ,_�,� �� CA6'�Z
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PHONE AND FAX ...
Tamulevich artist lManagement
AGREEMENT FOR ARTIST'S SERVICES
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This is an agreement made today,2/28/2018
Between Kent Parks,Rec& Community Services
hereinafter referred to as "PRESENTER", and Tamulevich Artist Management
for Peter Yarrow
hereinafter referred to as "AGENT".
1.PRESENTER's UNDERTAKINGS. the PRESENTER agrees to fumish, at its sole cost and expense, a
place of performance on the date(s)and at the time(s) contained in paragraph three(3)hereof. Lighted,
heated, ventilated, cleaned, and free from distracting noises. The PRESENTER further agrees to famish
any license or permit required by any state or local authority.
2. AGENT's UNDERTAKING. The AGENT agrees to furnish the artists. costumes and all necessary props.
for the performances listed in paragraph three(3)hereof, 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 AGENT further agrees to set up and when needed,and pay any authors
fees and remuneration if the same be required.
3.DATE(s),TUYIE(s)AND PLACE OF ENGAGEMENTS: Performance Date(s):1/19/2019
Billing: 100% Billing as "An Evening With Peter Yarrow(of Peter, Paul & Mary)"
Show Schedule: Artist agrees to perform two 45 minute sets,
TIME(s): Sound Ck:TBD Showtime(s) 7:30 PM Num of Sets: 2 Num of Shows t
Onstage: Doors Open: 7:00 PM Set Length 45'
PERFORMANCE LOCATION : Venue: Kent- Meridian Performing Arts
Addres: 10020 SE 256th St
Kent WA 98032
Venue Web Link www-kentarts.com
Venue Phone: Day of Show Phone:
4.COMPENSATION: ARTIST'S FEE: Guarantee: $7500
Deal: Flat Guarantee;
Ticket Price 1: $3Q,Qp Cap 1 : 35(1 Tot price 1 :$10500.00 Gross Potential 10500
Ticket Price 2, $28.00 1 Cap 2: Tot price 2:$0.00
Ticket Price 3: 118 Cap 3; Tot price 3;0 Walkout Potential 7500
Ticket Price 4: Cap 4: Tot price 4;
Misc info:
Terms 50% deposit payable to Tamulevich Artist Man agement(EIN#38-36-46687), mailed to TAM;
balance due prior to performance in cash or check payable to PY PRODUCTIONS
Artist Tax Id: Merch: Artist sells, 15%
Travel I Hotel Purchaser to provide 2 hotel rooms and dinner at no cost to Artist.
Support Talent : Artist to approve support
5. RIDER. The additional Terms and Conditions set forth on the rider attached herewith constitute a part of this
Agreement.
6. TAXES. Any taxes imposed on gross theatrical receipts by the federal government or by the tax
authorities of any state or municipality shall be the sole responsibility of the PRESENTER.
7.INSURANCE. PRESENTER warrants that it has both personal injury and property damage liability
insurance on the premises at which the performance shall be given.
8. 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).
9.OBSERVANCE OF LAW.The PRESENtT R agrees to conform to all federal, state and local laws,
orders, regulations applicable to the performances to be given under this contract.
10.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.
11.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, lockouts or any other cause beyond the control of either of the parties,neither party shall be liable for the balance of the
contract.
(Signature) (Signature)
By: Ronda Billerbeck By: David Tamulevich
Affiliation : Kent Parks, Rec & Community David@Tamulevich.Com
Services
220 Fourth Avenue, South
Kent, WA 98032
Phone: 253-856-6050
rbillerbeck@kentwa.gov
Tamulevich Artist Management 408 Westwood AvenueAnn Arbor, MI 48103
734-622-8337 PH 734-622-8463 FAX www.Tamulevich.co