HomeMy WebLinkAboutCAG2019-167 - Original - JigJam c/o FLi Artists - 2019-2020 Spotlight Series - 09/27/2019 KENT Records Management Document
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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:
JigJam, C/O FLi Artists
Vendor Number (JDE): 41543
Contract Number (City Clerk): W( 170(111 — I L9 1
Category: _Contract Agreement
Sub-Category (if applicable): None
Project Name: 2019-2020 Spotlight Series
Contract Execution Date: 1/30/19 Termination Date: 9/28/19
Ronda Billerbeck Parks
Contract Manager: Department:
Contract Amount: $4,000
Budgeted: ✓❑ Grant?
Part of NEW Budget: ❑ Local: F State: Federal: ❑
Related to a New Position: Notice required prior to public disclosure? Yes
Basis for Selection of Contractor? Other
Approval Authority: ❑✓ Director Mayor City Council
Other Details: JigJam will present one public performance as part of the
Kent Arts Commission's "Spotlight Series"
JAJA-
KENT
CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and JigJam, c/o FLi Artists located and doing business at P.O. Box 7003, Santa Monica, CA 90406(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. /approximately 2 hours with 20 minute intermission/9:30 p.m.
Day, Date,Year: Friday, September 27, 2019
Event Location: Kent-Meridian High School Performing Arts Center, 10020 SE 256t'St., Kent,WA 98030
Merchandising: Contractor shall have the sole and exclusive right, but not obligation,to sell souvenirprograms, CDs,
DVDs and 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(4 rooms)for Contractor for the night of Friday, September 27, 2019.
Hospitality: City will provide hospitality as specified in the attached rider.'
Billing: "JigJam." 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 September 27, 2019, with the exception of venues previously
discussed and mutually agreed upon.
House seats: City will hold eight(8)complimentary house seats for Contractor, to be released 24 hours prior to curtain if
not notified by Artist.
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.
il. COMPENSATION. The City shall pay Contractor the total sum of$4,000.00 for the work to be performed
under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. A
deposit of $1,000.00 will be paid, by City of Kent check, to FLi Artists upon complete execution of the contract. The
balance of$3,000.00 will be paid, by City of Kent check, to Jamie McKeogh on the day of the show.
Ill. 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 Contractor as follows below:
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.
*All as more specifically described in the attached Exhibit B
CONTRACTOR SERVICES AGREEMENT- 1
(Under$10,000—Sole Performer)
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.
X. IMPOSSIBILITY OF PERFORMANCE. Indoor performances may be 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
CONTRACTOR SERVICES AGREEMENT-2
(Under S f 0,000-Sole Performer)
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. 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. Ail 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.
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. Counterparts. 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$10,000-Sole Performer)
IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date
entered below.
CONTRA MR- CITY OF KENT:
1
By: By
(signature) ! (s na re
Print Name: _ Print Name: Lori Ho an
Its v ttsP•Direeter Parks Recreafiob&Community Services
(title) y-in- act 2/5
DATE: DATE: (rit(eCn
�� `f
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: Folklore, Inc. CITY OF KENT:
Post Office Box 7003
Santa MonCCA90406-7003 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)
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)
CIS/fi �
`*This rider is an integral part of the contract. Please sign below.**
&IGJ
Ax
Technical Rider
Note:All sound equipment, including sound system,microphones&D.1's to be provided by
venue.
CHANNEL INFORMATION
DAVI D
Ch 1-Vocal(SMS8)
Ch 2-5 String Banjo (XLR)
Ch 3-Guitar/Dobro (XLR)
JAMIE
Ch 4-Vocal (SM58)
Ch 5-Acoustic Guitar(XLR)
Ch 6-Octave guitar(XLR)
Ch 7-Tenor Banjo (XLR)
Ch 8—Stomp 1(XLR)
GAVIN
Ch 9-Vocal (SM58)
Ch 10- Mandolin (XLR)
Ch 11-Tenor Banjo(XLR)
CATHAL
Ch 12-Vocal (SM58)
Ch 13- Fiddle(XLR)
Ch 14—Bass(XLR)
Ch 15—Stomp 2 (XLR)
Ch 16—(Dancing Mics)
Ch 17—(Dancing Mics)
(Dancing mic placement will be determined at venue)
All Enquiries: jigiam(aNake2promotions.ie - 1 -
a IGJ
JA
Technical Rider
Note:All sound equipment, including sound system,microphones&D.1's to be provided by
venue.
SUPPLY/BACKL I
• 4x Low Profile Monitors
• 4x Boom Mic Stands
• 2x Dance Mic Short Stands
• 3x Power Points
• 4x Shure SM58(or similar)
• 2x Share SM57(or similar for dancing)
• 11x XLR(band has own D.I.)
PA REQUIREMENTS
Front of House:
A professional quality stereo 4 way active system. Minimum 4kW for 20Hz -20KHz.Capable of
producing 115dB of undistorted sound at the mix position.
Monitors:
FOUR low profile 15" monitors with separate mixes please,good quality monitors,free from
distortion and white noise and with 31 band graphic EQs.
Staging:
If stage is low and there is a chance of visibility problems, please supply risers for all members.A
low stage in a standing venue,for example, means that only the first row of audience can see
them.
Lighting:
We do not travel with a lighting engineer but really appreciate an LD who is prepared to be
creative.
The music is very dynamic ranging from quiet and slow to loud and fast and as such we like lighting
to be quite dramatic to reflect the mood.We like floor cans, lighting from behind, haze,and
anything unusual. We don't require spots for solos. Possible digital display as backdrop for logo.
All Enquiries:ligjan1@take2proinotions.ie -2-
P IGJA
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If you have any questions or queries please contact us directly at
j i gj ajn@take2promotions.ie
END OF TECHNICAL RIDER
Page 4 of 4
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AGREED&ACCEPTED BY: � [ I I ATE:
All Enquiries: "il-(am6 take2promot ions.ie -4-
Hospitality Rider
Artist
AgJam comprising;Jamie McKeogh,Gavin Strappe,Cathal Guinan, Daithi Melia.
Air Travel
Where relevant—Please see separate Flight Plan,
Ground Transportation
When Artist provides own transportation, secure parking is required for two vehicles near
stage door of venue for load-in and load-out and for the duration of the show. When Artist
arrives by means other than own transportation, Purchaser shall provide ground
transportation to and from airport,hotel and venue.Artist requires two vehicles large enough
to transport 4 people, luggage, merchandise and instruments.
Accommodation
Purchaser shall provide 4 single rooms in Hotel with Fitness Center. Booking to include
Breakast. Purchaser shall pre-pay for rooms and provide Artist confirmation numbers and
contact address, phone and e-mail. When Artist travels in own vehicle, purchaser will pay
hotel parking.
Evening Meal
Hot meal provided in local restaurant or venue after sound check(No fast food).Artist has no
specific dietary needs. Dinner buy-out is also available at $30 or £25 per person. We
appreciate a healthy meal and are always happy to try a local delicacy for dessert!
Culture Ireland
Cultur Eireann
laxNow soft
Dressing Room
One clean dressing room, heated or air conditioned, and secure from audience. Coffee (we
also appreciate good coffee!), tea, milk, mineral water, fruit juice, selection of (local if
possible)beers for after the performance.Selection of lightfood snack items-chocolate,fruit,
cheese,sandwiches.
For the Stage
4 bottles of STILL mineral water per half, where an interval is scheduled. Towels to be
provided on stage.
Notes
The band love to experience local customs, delicacies and beverages. Please feel free to
surprise them or help them try out something new on their travels. Due to lots of touring
fresh fruit,hot meals with vegetables and other goodness are truly appreciated and generally
scoffed down by the band!
We appreciate and thank you in advance for the great hospitality,
" 0 V 91a11Illl16
SOCIAL MEDIA HANDLE:@JIGJAMLIVE
HASHTAG: #JIGJAM
ALL ENQUIRIES:JIGJAM@TAKE2PROMOTIONS.IE
Culture Ireland
Cult& Eireann