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HomeMy WebLinkAboutCab Calloway Orchestra "I",YO W'r U rMACtN40 AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this day of J:.�r, , 2013, by and between the City of Auburn,Washington (PRESENTER), a Municipal Corporation of the State of Washington herein referred to as"CITY"and Cab Calloway Orchest herein referred to as"ARTIST"represented by Producers Inc. whose contact information i 11801180 6'"Street, Tampa, FL 33617::1652,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; i 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: 5trnday, April ti,2014 at 2:30 pm One(1)90- 120 minute performance lus intermission I 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 presenterl) 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)except BMI, ASCAP and ----------- BRAVO 2013-14 Seasan Agreement—Cab Calloway Orchestra Page 1 of 5 UMN YOU 7 W'r iNACIH� AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this day of J%kn c , 2013, by and between the City of Auburn,Washington (PRESENTER), a Municipal Corporation of the State of Washington herein referred to as"CITY"and Cab Calloway Orchest herein referred to as"ARTIST"represented by Producers Inc. whose contact information i j1180 8v'Street, Tampa. FL 336 1 7-1 552, 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; i 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: Sunday,April 6,2014 at 2:30 pm One(!).9Q- 120 minute performance(plus intermission). 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)except BMI, ASCAP and - - —- -Seas-on-- - --- ----------- BRAVO 2013-14 Seas Agreement—Cab Calloway Orchestra { Page 1 of 5 r Qy,1,TT1AN VUUlNACINED SESAC 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 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_ 7,500. 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:17 double hotel rooms for Sunday,April B,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 ,$1125.00 (One Thousand one hundred twenty five dollars made payable to roducers, Inc.f/c/t Cab Calloway Orchestra and malled�to ?roduce s Inch herein referred to as "AGENT." No later than January 31,2014, per compliance with the regulations of the CITY Finance Department. c. Balance of,$6375.0 I(Six thousand three hundred:and seventy five dollars) made out to, ab Calloway Orchestra 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 -------------------------- - BRAVO 2013-14 Season i Agreement—Gab Calloway Orchestra Page 2 of 5 f �y,{.,TFIAN YOUfNA[INS 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 supulies 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 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 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 ano her comparable � venue available t th'e CIY r such performance. w .'1/15G1 GVi U '% BRAVO 2013-14 Season l y Agreement—Cab Calloway Orchestra Page 3 of 5 r � �,tww r+ou Mec�NEo 10. 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 Kathy"KC'Smith Producers, Inc. NW Agent/Contracts kcsmitha-Droducersinc.com (813)988-8333 fax: (813)985-3293 Contract Office 11806 N 56`"Street Tampa, FL 33617-1652 ARTIST Cab Calloway Orchestra c/o Producers, Inc. Contract Office 11806 N 56"'Street Tampa, FL 33617-1652 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. 11. 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. i BRAVO 2013-14 Season Agreement—Cab Calloway Orchestra Page 4 of 5 F ! THAN Y0111A1AGIN� 1� I D. The ARTIST agrees to pay all reasonable costs, attorney's flees 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. ARTIST y�Ili C,a.1 I a?13o� O Rch�'I•-►�„ r DATE CI OF A PETER S. LEWIS, AYOR JUN - 7 2013 DATE A ST: Danielle Daskam CITY Clerk APP V D AS TO FORM: D iel id CITY Attorney BRAVO 2013-14 Season Agreement—Cab Calloway Orchestra Page 5of5 CAR CALL®WAY ORCHESTRA TECHNICAL RiODER-VERSION 8 1-Advance: SPONSOR shall meet with tech personnel and review CD and DVD and Riders upon contract. 2-Arrival: The Cab Calloway Orchestra(ARTIST)normally arrives at least 4 hours prior to curtain for a final approx. 1-2 hours sound check/rehearsal.Actual arrival will be discussed with ARTIST at least 2 weeks before event,with final confirmation 48 hours before event. Upon arrival,the venue(SPONSOR)must be ready for the sound check all lines,especially the lead vocal stage monitors must already be confirmed functional and channels must already be checked and labeled in an orderly fashion on the console and onstage. Upon arrival, Mr. Calloway Brooks as well as his stage manager, and musicians and any other support staff shall be introduced to sponsor staff be supplied with whatever identification may be necessary or complete freedom of movement throughout place of performance. Hospitality tray and soft drinks must be available upon arrival. 3-Support Personnel: SPONSOR shall provide and pay for all stage hands,electricians, lighting, sound operators, sales personnel to sell merchandise before show,during intermission, and after show, any an all other venue related equipment and personnel necessary for the production of ARTISTS performance, including set-up time,striking, rehearsals, performances and the following items as stipulated below, during the engagement hereunder. At least 2 stagehands must be available at load in to assist in unloading, unpacking and assembling equipment. The same stagehands are required at conclusion of show for load out. Orchestra will not wait for house set up to be complete. All support persons must be capable,experienced and of high quality. I SPONSOR shall provide hot food for orchestra after sound check and finger food and soft drinks prior. -At least one(1)table and four(4) chairs set tip in highest traffic area lobby after show for autographs and retail., sales, staffed by SPONSOR to handle retail merchandising�beC 52G'k6yS� 6� OAI-Yac- l 4K ;If, I i 4-Staging:The SPONSOR agrees to furnish at its own cxpense AND in first class condition the follotiving. -Sixteen(16) chairs onstage and two(2)high stools onstage labeled for Mr. Brooks the bassist. -Sixteen(16) incandescent clip on stand lights onstage, with 16 Black Music stands, held offstage right 1 -ophone cords and other wiring must be neat and order])-, kept from stage left and should be taped down and secured from harms way and to avoid distraction to the audience, or a hazard to stage personnel. -Two (2) clean chair must be in the wings (stage left and right) labeled or Mr. Calloway Brooks. -The distance fi•om edge of the stage to the row of saxophones should be no less than 8 feet With floor measuring a minimum of 24 feet deep, 32 feet wide and 3 feet high with a back drop and side curtain Legs.. -One(1)Drum riser 6-8 feet deep, 8 feet wide and at least 36 inches in height with seams taped.with steps . -One (1)Front row platform assembly with seams taped for 4 Saxophones measuring 16'x 8'x 18",and black or white cloth front skirting ' -One (1) Back row riser platform assembly or 2 Trumpets and 2 Trombones of 16'x 8' x 24", with all seams taped and attached rear safety molding strip and black or white skirting matching the front riser. j -Stage should be thoroughly cleaned prior to performance, with ample space in front for Mr. Brooks movement. -Venue must be closed to the public at all times up to the performance -If possible, position steps at fi-ont of stage for Mr. Calloway Brooks to enter the audience during performance -Stage with a working curtain arranged to open the performance closed, then open immediately after the introduction to reveal the Orchestra as it begins the performance, and to close immediately after the end of the performance. -One retractable projection screen in front of the main curtain for the introductory video, and one retractable screen above and behind the orchestra for fiirther projection during the performance. 5-Backline Equipment: SPONSOR TO PROVIDE: One(1)Jazz Drum Set: small diameter bass drum 2 floor toms 2 mounted toms,high pitched snare,un mounted cymbal set: ride,crash,hi-hat (Sonor,Ludwig,Yamaha or comparable), One(1)grand piano tuned to A-440 pitch One(1)Bass amplifier(Flartke,Gallien Kruger, SWR),with direct out One(1)Acoustic Guitar amplifier and direct box(Fishman or Trace Elliott Bose,Fender Acoustasonic, }, One(1) guitar stand One(1) stand-up Acoustic Bass(unless bass is supplied by ARTIST), One(1)digital projector and onstage screen video system for screening ARTIST PROVIDED DVD/DVDR. - I. d �7777 I rat,,, ........... ........... xf&n(16)Jncqjiddso6nt clip on music stand lights onstage,with 16 Black Music stands, held offstage Sound right. n Fi6nt f House System: The sound system shall be more than sufficient to meet ARTIST'S i S s, or noise nd a distortion-free, clear audio to all areas of the venue at all times during ARTISTS 66.::4t g -er will 1,*operated at all times by at least 2 professional sound technicians to adjust the system at orman. %4-souti,& e6k:hn'd operate system during show, and who shall be supplied by SPONSOR at SPONSOR'S sole ;�.Wdaviffid 'eN peiise.. Equipment must be delivered well in advance of show time and should be completely set up sound check.All are to be components in top condition and of good appearance and free 3o�9" � ;.s im h or other extraneous noises. The house mix position must be in the same room/space as the control'rooms are not acceptable. The mix position should be equidistant from the Left, Right ak0-f..po:9:1tJoris;'and not under balconies, etc., and placed about halfway up the hall from the stage - Rouse speakers s MU ST be horn loaded and of sufficient size to provide ample clear sound to all areas of the Suggested brands are JBL, Gauss, Hartke ,Mackie, Electro Voice.-House amplifiers. Power 11irement are min. 1.5 watts per audience member added onto a basic, 500 watts per channel @8 ohms _iir►house console MUST have a minimum of 24 microphone inputs and these must be tape labeled. Console '6af channels with high quality -preferably tube or tube emulating - preamps, vocal Compression prearnp, tome hum control circuitry,electronic feedback elirnination circuitry and parametric equalization. icrophone types MUST be of excellent type and quality and are to include. c(1)Shure Wireless vocal beltpack system. Twa(2)quality handheld condenser vocal mics AKG 535eb, AT 4054/4055,Neumann Kms105, Shure U87 t7wo(2)Piano Microphones suitable for miking the piano with top closed. One(1)guitar amp mic and One(1)guitar direct box One(1) bass amp mic.And One(1) bass direct box Three(3)at least drum mics, one of which must be near the hi-hat One(1)microphone for each horn instrument One(1)announcer mic Two(2)High Quality Condenser Mie's for ambient input to ear monitors and reference recording. One (1) recorder with media, for 2 track DAT/CD/D2D/MiniDV/MiniDisc or multitrack or reference ambient recording of performance Two(2)mics for tap dancers(if applicable), -BOOM Stands for all microphones preferably with weighted circular bases, -Clean,well maintained,neatly gathered, short tested,primary and backup cabling for all electrical connections. 7-Monitor Sound: SPONSOR PROVIDED Monitor console MUST provide -At least four to six discrete monitor mixes each with level and EQ control independent of the house level. -One wireless beitpack(lead vocal)"in-car"monitoring system-ARTIST PROVIDES earpieces -One wired(drums) "in-ear"monitor system-ARTIST PROVIDES earpieces -6 to 9 wedges (at least) set to fire at minimal volumes and away from all microphone pickup patterns. Over- amplifying wedges and leakage must be minimized avoided at all costs. -Levels for ALL MONITOR MIXES listed below MUST be systematically adjusted during the soundcheck for onstage audio and labeled at the b6aria b6f6r`c`ANY house sound is added. MIX I Lead Vocals, bass,*piano,: guitar, and*ambient to LEAD VOCAL Mr. Brooks wireless in-ear monitors and 2 backup muted sidefill rn6ilifor w 6 dg:e§:down stage and far to the left and right of Mr.Calloway Brooks. At a minimum, Mix I MUST"be 'functioning prior to the start of the sound check in order to facilitate communication and protect the voice.::Mix one will be adjusted at least 4 times, First-as a line test before the Artist and Orchestra arrives at tft6veftue­, Second after arrival and at the commencement of soundcheck to get. a"rehearsal level", 'Ibird-affer the middle of the soundcheck following the stage adjustment of an other mixes "stage monitor level", Fourth near th6eiid of the soundcheck when the house has been brought in and the stage monitor mixes are adjusted for-&-hou- se.-"final performance adjustment". The orchestra almost invariably.' s e* 011il plays louder in performance that at the ' deheek, If the voice sounds at all"shouty"during performance its:... likely that the band's level signal leii6l has come up and that the Mix1 level is too low. MIX 2:Piano,vocals and brass to 1 for the Pianist.Piano is miked in the"top down"position. MIX 3:All inputs to DrUnIrners Wired in dair hionitor and one backup wedge for the"close miked"D rummer.. MIX 4 Horns Piano,Bass and Drums tout least 2 monitor wedges one on each side of the horns 'A WL MIX 5: (console permitting)A rebalanced version of Mix 4 to a Bass wedge MIX 6: (console permitting) A rebalanced version of Mix 4 inputs containing only the back row of horns to 2 wedges on either side of the back row or horns. If Mix 6 is provided Mix 4 out is modified to only front brass. NOTE-If separate monitor console is unavailable,then the house console MUST be able to provide 4-6 discrete monitor mixes, inclusive of requirements above. Venue Sound Engineer(s), monitor speakers, console preamps and tritm, and power amplifiers MUST be of sufficient professional quality to insure clear, undistorted and feedback free sound to all mixes at all times with faultless, labeled channeling and routing of inputs and outputs. 8=Rouse Sound Recommendations: We mix the monitor levels first with no,house. Vocal must be full, rich, "chesty acid intelligible. Prominent but not overly edgy. Upright Bass and bass drum must be blended, lean, tighf and percussive not at all and boomy or"dance mixed". Upright bass direct only and not twangy,Drums: a prominent hi-hat and tight bass and snare, Saxes must be blended smooth and lush in ensemble with fade-up and fade down for solos. Trombones are a major unique part of the sound and must be clear in the mix-despite their warmth. Though the top is closed, Piano must twinkle in the high spectra, bite in the low,be scooped out in the middle, yet sound open and airy. Trumpets must have punch without being overbearing.Ensemble must blend and not be too loud. Brass players stand for solos-your cue to ride the fader for that soloist,Be aware of the softer singback levels and either ride all horn faders up when the horns are vocalizing and back down before they play their instrument or,after the house sound is refined,put all brass on one fader and adjust appropriately while retaining individual fader control for individual soloists. Avoid over-reinforcement,it is acoustic music. 9-Lighting: The system and operators to be utilized for the performance(s) are at SPONSOR'S sole cost and expense. The ARTIST requires Two (2) follow spotlights with operators familiar with these systems and communication to main lighting. Spot One is a followspot dedicated Mr. Brooks which fades when he cues a soloist. Mr.Brooks is active onstage especially on medium and up-tempo so a whole body sized spotlight with a variety of gels and edging is appropriate. Spot two is a "Soloist rover' which generally remains faded until Mr.Brooks cues a soloist at which time the Soloist rover spot fades up on the soloist until fade down the solo is completed. The rover operator must be accurate,follow Mr.Brooks cues and have a feel for the music. -One DVD/DVR Projector and large retractable onstage fly screens must be available for AV material. ! -At least 4 basic color washes for the entire stage in red,blue, and amber and white -Refer to the stage plot for the 5 major stage areas needing highlighting specials 1-The front downstage area usually almost as wide as the band is Mr.Brooks main prowling area. 2-The rhythm section group-piano,bass, and drums 3-The front row of brass-the saxophone section 4-The back row of brass-the trumpets and trombones 5-Special for when the band and audience when Mr. Brooks sings to the audience and when the audience sings back -Lighting director must have a rough preset means of featuring each of these areas before the orchestra arrives and refine them with notes on setlist soundcheck for the sections solos endings and intros in each song. - Mr. Brooks is usually seated when playing guitar with the rhythm section, so Spot 1 can be tight and sharp here while both rows of brass are d'unmed away. -Lighting guidance at lighting directors request preferably before soundcheck and a very brief discussion -1f your control system allows, please program the following sub master or channel faders. 1. Solo down light, 2. Solo front lights 3. Band down lights,. 4. Band front lights, 5. Drum front and back lights, 6. Drum front special, 7. Drum back special, 8.Red wash; 9:, Blue wash, 10. Green wash, 11.No color wash, 12. Red coves, 13.Blue coves, 14.Green coves, 15.Red fronts; l6:Blue fronts, 17. Green fronts 18.Amber/Yellow Wash. 1.0-Pre-show, intermission, post show AV:.`ARTIST must approve and may provide any and all AV materials to be broadcast to the audience at these times,all Stich suggestions to be submitted to artist 2 weeks prior. f.: On authorized behalf of S)PONSO `; ✓ Signed and agreed to by sigraatory: '_-:° c--�� Date. � l - - - 1 -----Original Message----- From: Christopher Calloway Brooks To: KC Smith Sent: Wednesday,April 03,2013 11:04 AM Subject:Re: :Auburn,WA. -April 6,2014 KC-- I appreciate the detailed tech info it is quite well detailed. *One projector is fine. *Their mics will be OK. *Sound sys. OK *3 Washes are fine I note that they do not list a backstage iron. A rolling steamer is preferable(and more usual),and one or the other is useful,as clothes get wrinkled on the road. http•/h*nv�* amazo;i coni'J-2000-Jiff),-Garment-Steamer- Plastic/dp/B0000665TD/ref=sr 1 5°ie=UTF8&gid=1365001267L,isr=8-5&1<eywords=steamer --CB Truly, Christopher Calloway Brooks Director-The Cab Calloway Orchestra http://www.facebook.com/cabkid?sk all https•//twitter.com/#!/CCal lowavBrooks http://Nvww.cabealioivay.com http://www.linkedin.coin/profiie/edit?trio=tab pro callowaykid cr`.runbo, .com vox: 800-201-0273 fax: 888-591-3350 c/o The Cab Calloway Orchestra Box 28 -Fleetwood Station Fleetwood,NY 10552-0028 v Note: Please email confirmation of receipt.All communications confidential On Wed, Apr 3, 2013 at 9:17 AM, KC Smith<lscsmitl cproducersinc.corrt>w ote: Hi CB, Please review the below questions from Auburn, WA. They need answer prior to issuing the City of Auburn agreement. Thank you.