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HomeMy WebLinkAboutDan Zanes and Elizabeth Mitchell MAR 1 � 2013 P :- URN � THAN YOUIMACINEV AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this. �Q day of 2013, by and between the City of Auburn,Washington (PRESENTER), a Municipal Corporation Of the State of Washington herein referred to as "CITY" and Dan Zanes and Elizabeth Mitchell. whose contact information is, PO Box 44036, Sommerville, MA 02144, herein referred to as "ARTIST" and Concerted Efforts whose contact information is PO Box 44036, Sommerville, MA 02144, herein referred to as"AGENT". WHEREAS, the CITY desires to contract with the ARTIST to provide a performance (performances)for the public in Auburn, Washington; and WHEREAS, the ARTIST has agreed to perform the work in compliance with the terms and conditions of this Agreement; NOW THEREFORE, the CITY and ARTIST in consideration of the conditions and covenants herein do agree as follows: 1. RETENTION OF ARTIST: The CITY does hereby retain the ARTIST to perform the work and services described herein. The parties agree that the ARTIST is an independent contractor and shall furnish all supervision, labor, and all other incidentals except as specifically provided herein and the ARTIST agrees to conduct and complete the performance in a competent and professional manner in accordance with the terms of this Agreement. 2. SCOPE OF WORK: The ARTIST agrees to provide the following specific services: Public performance on Saturday, March 22, 2014, 3 pm for a 60—90 minute performance. 3. SITE OF PERFORMANCE: The ARTIST will conduct its performance at the AUBURN PERFORMING ARTS CENTER, 700 E. MAIN ST. (NOTE: Venue is NOT the presenter!) herein referred to as "VENUE" 4. REQUIREMENTS a. The CITY shall provide the following for this performance: Promotion of performance and performance programs; Box office management and staffing; Ushers and front-of-house staffing (not incl. merchandise sales - Reference Item 7-C below). b. The ARTIST shall provide the following for the performance: Provide scores and parts for the company and pay all fees (if any) associated with public performance of music; Engage and rehearse the company; Provide program content, biographies, and optional photographs of key production staff and artists for performance program and public relations materials with the execution of this contract; Additional promotion of event as negotiated with CITY. C. Technical Requirements: The CITY shall provide the following technical assistance for this performance: The CITY will assist with coordination of technical services between the I --------------------------------------------------------------- BRAVO 2013-14 Season Agreement— Dan Zanes and Elizabeth Mitchell Page 1 of 4 i i THAN YOUIgGINE0 VENUE and the ARTIST. The CITY agrees to provide, through the VENUE, technical labor for this production, as detailed in the ARTISTS's Technical rider(See Addendum) and as approved by the technical director of the VENUE and the ARTIST. 5. COMPENSATION a. ARTIST Fee: In consideration of the services to the CITY in connection with the ARTIST scope of work (performance), the ARTIST shall receive total compensation of$15,000. b. Complimentary Company Tickets: The ARTIST shall be provided up to Ten (10) complimentary tickets for the performance. The ARTIST may request tickets in advance or provide the CITY box office representative with a guest list 30 min. prior to the performance. C. Hotel Accommodation: 7 single hotel rooms for two nights March 21 and 22, 2014. 6. PAYMENT SCHEDULE The ARTIST shall be paid as outlined in Item 5 above by the CITY for the completed work and performance in compliance with the terms of this Agreement. Such payment shall be full compensation for all work performed and services rendered under the terms of this Agreement. The payment to the ARTIST shall be in compliance with the regulations of the CITY Finance Department. The ARTIST agrees to be responsible for payment of any and all taxes, which may be due as a result of performance under this contract. a. Deposit of$7500 will be sent to Concerted Efforts herein referred to as "AGENT." within 30 days of the execution of this contract, per compliance with the regulations of the CITY Finance Department. c. Balance of$7500 will be delivered to the ARTIST's company manager or his/her designee immediately following the performance. The payment to the ARTIST shall be in compliance with the regulations of the CITY Finance Department. The ARTIST agrees to be responsible for payment of any and all taxes, which may be due as a result of performance under this contract. 7. PROMOTIONAL RESPONSIBILITIES a. Promotional materials shall be mutually agreed upon between the CITY , ARTIST, and AGENT. b. The ARTIST assumes sole and total responsibility for all of ARTIST Merchandise Concessions, if any, including inventory, cash bank, credit card supplies and sales personnel. ARTIST maintains 100% of total sales receipts of ARTIST Merchandise. The CITY and/or VENUE will provide (1)table in the lobby of the VENUE for Merchandise Sales. If ARTIST cannot provide sales personnel, the CITY will provide up to two volunteer personnel. ARTIST and/or AGENT must sign a waiver releasing the CITY of any liability regarding the sale of merchandise. 8. INDEMNIFICATION The ARTIST agrees to indemnify, defend and hold the CITY, its AGENTs, representatives and employees harmless from and against any and all claims, causes of action or demands or any --------------------------------------------------------------- BRAVO 2013-14 Season Agreement— Dan Zanes and Elizabeth Mitchell Page 2of4 j� .. '�;910 AN YOU N4G1NO form of liability of any nature including, but not limited to any copyright infringements for musical performances, arising out of the performance and obligations contained in this Agreement on the part of the ARTIST , its AGENTs, representatives and employees except where such claims arise solely from the negligent acts of the CITY, its AGENTs, representatives or employees. 9. INABILITY TO PERFORM If ARTIST is incapacitated from rendering services through sickness or otherwise, or if ARTIST cannot perform because of fire, accident, act of God or impossibility of performance, through no fault of the CITY, the performance(s) (Item 2: Scope of Work) shall be rescheduled at a mutually agreed upon date to occur not more than 12 months following the date of the initially scheduled performance, either at the same VENUE as initially scheduled or at another comparable venue available to the CITY for such performance. If the performance cannot be rescheduled within that period, 100% of Deposit(Item 6: Payment Schedule) paid to ARTIST shall be returned to CITY. If the ARTIST services cannot proceed through some fault of the CITY due to causes other than fire, accident, act of God or impossibility of performance, the CITY shall reschedule the ARTIST services on a mutually agreed upon date between CITY and ARTIST and either at the same VENUE as initially scheduled or at another comparable venue available to the CITY for such performance. 10. TERMINATION In the event the ARTIST or the CITY defaults or fails to comply with any of the requirements of this Agreement, or any obligations hereunder, the CITY may at its option terminate the Agreement. Such remedies shall be in addition to any other right or remedy each may have. 11. NOTICES Any notice required or permitted under this Agreement may be personally served, or given in writing, and shall be deemed sufficiently given or served if sent by registered or certified mail addressed to the respective parties as follows: CITY Maija McKnight, Arts Coordinator City of Auburn Parks, Arts & Recreation 910 Ninth Street SE Auburn, WA 98002 253-931-3043 1 mmcknight @auburnwa.gov AGENT Concerted Efforts PO Box 440326 363 Highland Ave Somerville, MA 02144 Somerville, MA 02144 ARTIST Dan Zanes and Elizabeth Michell Same as Agent Either party may at any time designate a different address to which notices shall be sent. Notice given in accordance with these provisions shall be deemed received when mailed. --------------------------------------------------------------- BRAVO 2013-14 Season Agreement—Dan Zanes and Elizabeth Mitchell Page 3 of 4 VSO ,THANYOUIM,GC; E0 12. GENERAL PROVISIONS The following provisions may apply: A. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or any subsequent breach or default. B. This Agreement may not be changed or modified nor any provision hereof waived except in writing agreed to by both parties. C. This Agreement shall be construed in accordance with and all questions with respect hereto shall be determined by the laws of the State of Washington. D. The ARTIST agrees to pay all reasonable costs, attorney's fees and expenses that may be incurred by the CITY in enforcing the provisions of this Agreement. E. In the performance of the work herein, the ARTIST agrees to comply with all applicable State and local laws, rules and regulations. AGENT Representative, Concerted Efforts 5 1 L4 �ai3 DATE CITY F A PETER B. LEWIS, MAYOR MAY 2 4 2013 DATE LEST: Danielle Daskam CITY Clerk APPR E AS TO FORM: Daniel B. Heid CITY Attorney --------------------------------------------------------------- BRAVO 2013-14 Season Agreement— Dan Zanes and Elizabeth Mitchell Page 4of4 r Dan Zanes and Elizabeth Micthell Technical Specifications revised- 4/20/11 DAN ZANES AND ELIZABETH MITCHELL TECHNICAL SPECIFICATIONS GENERAL GUIDELINES The following are guidelines for producing a Dan Zanes and Elizabeth Mitchell show. Dan and his management will make every effort to work with presenters to minimize expenses while maintaining the highest possible production values. Most presenters and production companies have certain equipment that they like to use or that is available at the venue. Please review the following guidlines and discuss with Dan Zanes' management company any substitutions and alternative production strategies. Company management can then work with presenter and venue to solve any potential problems in advance. Lighting / Sound systems should be in place and working prior to Company load—in. DAY OF PERFORMANCE 3 hours before show time Load in, Show Crew: Set—up, 1 Technical Director Focus, 1 Audio Engineer Sound check (2 if separate monitor board) 1 Master Electrician 1 hour before show time break 1/2 hour before show time Half—hour/Show Call — House Open Show Crew Show time Performance Show Crew After show Strike and load out PERFORMANCE AREA A stage area suitable for seven musicians, instruments and sound equipment will be required. Generally an area approximately 16 feet wide by 12 feet deep will suffice. Specific plans and dimensions of floor area will need to be reviewed prior to confirming engagement. Group placement will be determined as possible prior to load—in. Page 1 of 5 Dan Zanes and Elizabeth Micthell Technical Specifications revised- 4/20/11 DRESSING ROOMS & STORAGE SPACE: 3 clean, comfortable and well lit dressing rooms each large enough for 3 persons with no public access. Dressing rooms shall be equipped with toilet, sink, mirrors and phone if possible. Locked, secure space to store the Company's props, wardrobe and equipment. CATERING: Breakfast items and beverages must be set-up and ready prior to' the performers arrival at venue or a time determined by the tour manager Please have available backstage: Breakfast items: Bagels, muffins, instant oatmeal, yogurt, granola, assorted breakfast cereals, assorted fresh fruit, Red Bull, Odwalla juice smoothies, coffee, bottled water, hot water, herbal and black tea, honey, milk and sugar. For two show bookings OR afternoon shows please add a hot meal for at least 6 persons w/ -a,non-gluten option available with the same beverages listed above. Preferred options are chicken, rice, pasta, vegetarian rice and beans, salad, soup, organic corn chips, medium salsa, assorted fresh vegetables and fruit. Substitutions can be made with the approval of the tour manager. LIGHTING: (for indoor venues only or outdoor evening performances) The show can be presented against either a cyclorama or a blackout and standard house masking should be used for wings and borders. There should be a dedicated special from FOH-- for each player. Front washes with light bastard amber coupled with a n/c wash. Side and/or down washes in a blue like Rx80 and a lavender would be appreciated. If a cyc is used, a standard color load of medium blue, red and amber is fine, and only the floor units are necessary (should be a low horizon type look, not full height dance style). If a blackout is used, floor unit washes of red and blue would be appreciated to tone the blackout. Also, a cluster of 3 frenels centered on the floor, fanning out on the cyc or black drop is a great look for this group. Items needed for stage: 8 Instrument stands for acoustic guitars, electric guitar, banjo, mandolin, etc. 4 9 volt Batteries Note: Performers will bring their own guitar amplifiers. Page 2 of 5 r Dan Zanes and Elizabeth Micthell Technical Specifications revised- 4/20/11 SOUND SYSTEM MINIMUM REQUIREMENTS The following is the Company sound consultant's ideal equipment list. Our goal is to have the highest production values possible given a wide variety of situations. A variety of substitute equipment is acceptable, but we need to know what to expect. Please submit substitution and counter-proposals to the Company for approval. The Company does not travel with a sound engineer. An experienced engineer will be required to operate the sound system. If a separate monitor mix board is used then an additional experienced engineer should work that position. This production requires a sound system capable of providing clean and even coverage throughout entire venue.. The company requests that the FOH mix is completely dry and free of reverbs, delays, and other effects. All mics/DI/stands as noted on the input lists. All mic stands should be Black and in good condition. 3-way Stereo system with subwoofers ( Meyers, EAW, V-Dosc, Nexo, D&B ) and appropriate processing and amplification. Near field and delay speakers are a necessary part of this production. . _. _ .. ... . .. . .. . , ... . , . _ . . . .. : 32 x 8 x 2 Channel Mixing console (Midas, Soundcraft, Yamaha) with VCA's eight aux sends and returns. FOH Processing 1- Stereo 1/3 octave eq for main system (DBX, Klark, BSS ) 8- Channels of compression (DBX, BSS, Drawmer) 1- Dat or CD recorder 1- CD player Monitor system 32 x 8 x 2 Channel Monitor Mixing console (Midas, Soundcraft, Yamaha) with a minimum of eight aux sends and returns. We require 3 Separate mixes, 4- wedges (Clair,V-Dosc,Meyers,D&B,) including 'the cue mix and wedge. 4- Channels of 1/3 octave eq (DBX, Klark, BSS ) Page 3 of 5 Dan Zanes and Elizabeth Micthell Technical Specifications revised- 4/20/11 Chan Insert Input/Location Mic/Input type Stands/Etc 1 Guest Vocal SM 58 (no Beta 58's) Tall Boom 2 Dan Z. Vocal SM 58 (no Beta 58's) Tall Boom 3 Liz Vocal SM 58 (no Beta 58's) Tall Boom 4 Daniel Vocal SM 58 (no Beta 58's) Tall Boom 5 Guest 2 Vocal SM 58 (no Beta 58's) Tall Boom 6 Acoustic Guitar DI Radial or Countryman DI '/4"to '/4 " 7 Mandolin DI Radial or Countryman DI '/4 "to '/4" 8 Guitar Amp SM 57 Sm Boom 9 Acoustic Inst. Mic KM 184/SM 81 Med Boom 10 Acoustic Inst. Mic KM 184/SM 81 Med Boom 11 Acoustic Inst. Mic KM 184 /SM 81 Med Boom"- 12 Acoustic Inst. Mic KM 184/SM 81 Med Boom 13 Guitar Amp SM 57 Sm Boom 14 Guitar Amp SM 57 Sm Boom 15 open 16 open 17 open 18 open Monitor mixes 1=Dan Z. 2=Liz 3=Daniel amp amp amp --------•-•� •---------• ;---------- --------- --------- Vocal Dan Z. Liz Daniel Vocal 1/12 2/6/7/8/9 3/10/13 4/11/14 5 ' ............. ----------------- ..---------- ............. U U ................................. Center Stage Front of stage Page 4 of 5 f Dan Zanes and Elizabeth Micthell Technical Specifications revised- 4/20/11 IMPORTANT PRODUCTION NOTE: Please dress all cabling neatly and tape the cables on and near the stage securely. Children and their parents are likely to come on stage to look at the equipment and talk to the musicians. IMPORTANT SAFETY NOTE: Special attention must be paid to ensure that the front of the stage and the orchestra pit are properly blocked to prevent small persons from failing through any openings that might normally be masked with black fabric. TOUR/SOUND ADVANCE QUESTIONS CAN BE DIRECTED TO: Tour Manager Ben McGuire ben@festivalfive.com 917-526-9020 SPECIFICATIONS SUBJECT TO CHANGE BY MUTUAL AGREEMENT Page 5 of 5 AMENDMENT No. 1 to the AGREEMENT BETWEEN DAN ZANES AND ELIZABETH MITCHELL AND THE CITY OF AUBURN FOR ARTISTIC SERVICES Recitals: 1. Dan Zanes and Elizabeth Mitchell ( "Artist ") and the City of Auburn, Washington ( "City) entered into an Agreement for Artistic Services on May 22, 2013 ( "Original Agreement "). 2. Under the Original Agreement, Artist was to provide a public performance on March 22, 2014. 3. Artist has informed the City that Ms. Mitchell will not be available on that date. The Parties Agree that Mr. Zanes shall fulfill the Artist's obligations under the Original Agreement. Agreement I. The first paragraph of the Original Agreement is amended by changing the definition of "Artist" to mean only Dan Zanes. 2. The first sentence of Paragraph 5.a, "ARTIST Fee ", is deleted and amended to read as follows: In consideration of the services to the CITY in connection with the ARTIST scope of work (performance), the ARTIST shall receive total compensation of $15,008 $9,000. Paragraph 5.c, "Hotel Accommodation ", is amended to read as follows:: -7 2 single hotel rooms for two nights March 21 and 22, 2014 4. The first sentence of Paragraph 6.c.of the agreement "Balance," is amended to read as follows: Balance of $7500 1500 will be delivered to the ARTIST's company manager or his/her designee immediately following the performance. Pagel of 2 All other provisions of the Original Agreement remain in full force and effect. Executed this day of -Fe-6-u 2014. CITY OF AUBURN Pancy B Mayor" YY \ Danielle E. Daskam, City Clerk `' I Page 2 of 2 AGENT, Concerted Efforts a4ilce- I,ea►,y M��ss� Title: uT5 Ov w