Loading...
HomeMy WebLinkAboutRobin Klinger Entertainment LLC AUBURN C c0Yt1AN YOU 1MAG114n 10 AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this day of 2011, by and between the City of Auburn, Washington (PRESENTER), a Municipal Corporation of the State of Washington herein referred to as "CITY" and Rhythmic Circus whose contact information is, 1233 Evergreen Street NW, Grand Rapids Minnesota 55448, herein referred to as "ARTIST" and Robin Klinger Entertainment LLC whose contact information is 80 Knights Bridge Road, Great Neck, New York 11021, 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: Saturday, January 21, 2012, 7:30 pm. One (1) performance (90- 120 minutes including 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) 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. BRAVO 2011- 12 Season Agreement - Rhythmic Circus Page 1 of 5 1 AU---B`- '~Oj?HAN YOU IMACINE9 5. COMPENSATION a. ARTIST Fee: In consideration of the services to the CITY'- :::=ection with the ARTIST scope of work (performance), the ARTIST shall receive total cc^-:=- c^ of $15,000. b. Complimentary Company Tickets: The ARTIST shall be c{cv-dev up to Ten (10) complimentary tickets for the performance. The ARTIST may rec--;es-; ° Ckets in advance or provide the CITY box office representative with a guest list 30 min_ p~o- `c e performance. 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 $3000 will be sent to ROBIN KLINGER ENTERTAINMENT herein referred to as "AGENT." within 30 days of the execution of this contract, per compliance with the regulations of the CITY Finance Department. b. Deposit of $4500 will be sent to the ARTIST two months prior to the performance, 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 and the ARTIST. 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 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 BRAVO 2011- 12 Season Agreement - Rhythmic Circus Page 2 of 5 A u^UT tp THAN YOU IMAG I NEO 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 time frame, 100% of Deposit (Item 6: Payment Schedule) paid to ARTIST shall be returned to CITY. If the performance cannot proceed through some fault of the CITY, but the CITY gives at least ninety (90) days advance notice of cancellation to the ARTIST, 50% of total Deposit (Item 5-B: ARTIST Fee) paid to ARTIST shall be returned to CITY. If the performance cannot proceed through some fault of the CITY, and the CITY gives less than ninety (90) days advance notice of cancellation to the ARTIST, none of the total Deposit (Item 5-13: ARTIST Fee) shall be returned to CITY. 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 Robin Klinger Entertainment LLC 80 Knights Bridge Rd. Great Neck, NY 11021 516-472-7130 516-472-7129 RobinKlinger.Entertainment@gmail.com ARTIST Nicholas John Bowman Rhythmic Circus 12333 Evergreen Street NW Grand Rapids, MN 55448 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. 12. GENERAL PROVISIONS The following provisions may apply: BRAVO 2011- 12 Season Agreement - Rhythmic Circus Page 3 of 5 Prv~ ~...r- = -,.may .y HAN YOU IMACINEO ti 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. AG Ne Robin Klinger (signs re) Agent TAX ID#: 33-1078128 - 9 DATE ARTIST S~ a!~~cu0 Nicholas John Bowman (signature) Artist TAX I D#: 471-02-4446 DATE Cl PETER B. LEWIS, MAYOR MAR 3 0 2011 DATE ATTEST: BRAVO 2011- 12 Season Agreement - Rhythmic Circus Page 4 of 5 AUBURN c`p4.W-f[IAN Y01; lMhCENfn 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 Robin Klinger (signature) Agent TAX ID#: 33-1078128 ~Ir DATE ARTIST Nic olas John Bowman (signature) Artist TAX ID#: 471-02-4446 _ K-1 f DATE i C 1 7P/N PETER B. LEWIS, MAYOR MAR v 0 2011 DATE ATTEST: BRAVO 2011- 12 Season Agreement - Rhythmic Circus Page 4 of 5 1 lU .lJ R N -MAN YOU 1MACINEO Danielle Daskarn CITY C APP O Daniel B. Hei CITY Attorney BRAVO 2011- 12 Season Agreement - Rhythmic Circus Page 5 of 5 a Feet Don't Fail Me Now Technical Requirements The following is a list of needs for Rhythmic Circus Productions, hereafter referred to as "the Company". This is the Company's generic rider for both full-length public performances as well as school/outreach performances. If the technical capability of your venue does not meet the following requirements, we are willing to compromise and collaborate to make performances possible. The Presenter assumes fiscal responsibility in providing a theatre, equipment and crew according to the following minimum specifications: THEATRE AND STAGE The Company shall have unrestricted access to the theatre, stage, equipment and dressing rooms for not less than eight (8) hours preceding the first performance, and the proceeding four (4) hours following the final performance. The performance and backstage areas must be cleared and in readiness prior to the arrival of the Company. The stage area, wings and dressing rooms must be heated or cooled to a temperature between 65 and 72 degrees Fahrenheit. There should be a freight elevator or ramp from the main loading dock to the stage level. In the event of no elevator present at the venue, The Company will require a minimum of four (4) extra stagehands familiar with the venue during load-in. The minimum stage should be 26' wide (proscenium opening) by 20' deep (front curtain line to rear curtain) with the proscenium opening of 13' high and a stage height of at least 3'. For the artist's health and safety, it is imperative that the stage floor is free of any holes, cracks, or protrusions, mechanical or otherwise. The entire performance stage should also be preset at the same level if venue has a hybrid proscenium stage. The stage will need to be swept and mopped prior to the arrival of the Company. To be provided by the Company: • Six (6) custom tap risers with the dimensions 4' by 8' (a combined dimension of 24' by 8') To be provided by the Presenter: Three (3) risers with the dimension 8' by 8'. Two risers should have leg lengths of 18" and the third should have leg lengths of 24". All risers should be skirted with black skirting on at least the front and two sides. DRAPERIES All draperies should be hung prior to the arrival of the Company. They should be black in color, be in good aesthetic condition and hung securely. LIGHTING The Presenter is requested to provide: a board with programmable submasters; a hazer; a blackout or black scrim with white cyc upstage; a video projector and screen or cyc; two down light systems, R83 and R27; a high side system, R21 from SR and R56 from SL; 9 n/c specials on stage; a front wash with a minimum of 14 instruments with R51 and 4 FOH specials with R51. If possible the Company also requests: a n/c pattern wash, medium breakup and 3-5 floor mounted instruments to be mounted behind the band. The Company is willing to make adjustments to accommodate the venues rep plot and color inventory. To be provided by the Presenter: Focus: Equipment must be available for focusing the lights on the day of the performance. Equipment should include a mechanical lift that safely lifts and transports personnel and staff to the lighting catwalks. If a suitable lift/ladder is not normal "house equipment" then the venue must provide one. The lift/ladder MUST be able to move across the stage at focusing height. Access: there should be no restrictions of access placed on the Company to areas required by them to fulfill their obligations to the performance. ATMOSPHERIC EFFECTS The Presenter will provide smoke/haze and any necessary clearance for the performances. PROJECTOR S~ The Presenter will provide a professional- jector with appropriate lumens for the venue as well as white cyc or screen. rKrF SOUN D SYSTEM A quality tri-amped sound system capable of output measured at the FOH mixing station of no less than 110db nominal. C/1 (7 SVIP To be provided by the Company: (00 KV a (S • All necessary instruments 11 • Floor pick-ups • Wireless Horn Mic's To be provided by the Presenter: Mixing Board: • High quality digital board with a minimum of 32 channels of input • Minimum of 8 switchable pre/post aux sends Outboard: • Four Gates • 8 compressors • Six 16-Band Parametric EQ's • Two 32-Band Parametric EQ's • 1 Fx Unit Microphones: • 1 Shure Beta 52 • 2 Shure SM57's • 3 Shure Beta 98 D/S 2 Shure SM81 • 4 Shure SLX Series Wireless Handheld system w/ Beta 58A Capsule • 1 Shure SLX Bodypack & Transmitter w/ Cond. Omni Lav • 3 Beta 57 • 8 Direct Box's • 4 Crown PCC-160's 32 balanced sends from the stage to mixing position 8 balanced returns from mixing station to stage Foldback: • 6 12" Floor Wedges • 1 Adequate Drum Fill TECHNICAL CREW Load-in will be approximately eight (8) hours within 24 hours of the performance and will require: • One (1) lighting technician familiar with the venue • One (1) sound technician familiar with the venue • Two (2) experienced stage hands familiar with the venue Load-out will be approximately two (2) hours within 24 hours of the completion of the performance and will require: • Two (2) experienced stage hands familiar with the venue HOSPITALITY For the Company's performers and crew-members (totaling 13 people), the Presenter is requested to provide the following according to the schedule that is to be determined before the Company's arrival: Load-in • 3 dozen 1 liter bottles of water • Beverages (fruit juices, soft drinks, water, etc.) • Fruit tray (grapes, bananas, apples, oranges, etc.) • Raw vegetables • Cheese and crackers Three hours prior to the first performance: • Beverages (fruit juices, soft drinks, water, etc.) • A green salad (dressing on the side) • Hot main course (one vegetarian) Performances: • Bottled water must be available in the dressing rooms and backstage at stage right and left as well as 8 clean hand towels for the dancers Load-out: • Beverages (fruit juices, soft drinks, water, etc.) On days with multiple performances, a hot meal should be provided between shows for the Company's cast and crew. Plates, utensils, napkins, and cups should be available for the entire time the Company is Present at the venue. *If meals are not possible, a thirty-dollar ($30) per person, daily per diem is acceptable. GENERAL CONTACT Nick Bowman, Executive Director 763-242-2918 info@rhythmiccircus.com SOUND CONTACT Miles Hanson, Sound Engineer 701-866-7767 miles_hanson@yahoo.com LIGHT CONTACT Mark Ruark, Lighting Design 612-239-7386 markrruark@gmali.com AUBURN t"ovl YlinN 1'Otr tNnOlvFn 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 Robin Klinger (signature) Agent TAX ID#: 33-1078128 DATE AR IST Nic olas John Bowman (signature) Artist TAX ID#: 471-02-4446 DATE SCI W~W F0 PETER B. LEWIS, MAYOR MAR u 0 2011 DATE ATTEST: BRAVO 2011- 12 Season Agreement - Rhythmic Circus Page 4 of 5 Rhythmic Circus - Feet Don't Fail -Me Now! - 10.1.10 We Supply: ,'Wireless Mic - Wirelss Horn Mic's (10-11) Wirless Mic - Output from wireless reciever connects to input of loop station in this position. Output from - Floor Pickups (25-28) loop station then goes to Ch. 22. Mon. 3 AC SAC Drums 1. Kick . 2. Snare Guitar 3. Rack Bass 9. Gtr 4. Floor 7. Di 5. OH AC 20. Vox'` _ 21. Vox*; Keys Trumpet/Sax 8. Di 23. Vox 10. Trumpet - 11. Sax 19. Vox M°r' 2 Mon ; 17. Bass Drum M°r,1 6' Conga's Mon S 18. Tuba 15. Ac Di 16. Ac Di Triggers: . 13.Di(L) 14. Di (R) M M o ° n n 6 Ac `29. PCC 1 30. PCC 2- 31. PCC 3 32. PCC 4 6 25. Pickup 1 26. Pickup 2 27. Pickup 3 28. Pickup 4 Refer Questions To: 22. Beatbox Vox** 12. Sand Miles Hanson, FOH 701.866.7767 miles-hanson@ayahr J Feet Don't Fail Me Now! Input List (32 Ch.) 10/1/10 1 Kick B52 Short Boom 2 Snare 57 Comp Short Boom 3 Rack B98 Gate Clip 4 Floor B98 Gate Clip 5 OH SM81 Tall Boom 6 Conga's B57 Comp Straight 7 Bass Di Comp 8 Keys Di Comp 9 El. Gtr 57 Comp 10 Trumpet Wireless Comp Our Clip 11 Sax Wireless Comp Our Clip 12 Sand SM81 Short Boom 13 Triggers L Di 14 Triggers R Di 15 AC 1 Di 16 AC 2 Di 17 Bass Drum B98 Clip 18 Tuba B57 Tall Boom 19 Keys Vox Wireless 1 Tall Boom 20 Gtr Vox Wireless 2' Comp Tall Boom 21 Bass Vox Wireless 3 Tall Boom 22 Beatbox Vox Wireless 4 Tall Boom 23 Drum Vox B57 Tall Boom 24 Dancer Vox Wireless Lav 25 Floor 1 Di 26 Floor 2 Di 27 Floor 3 Di 28 Floor 4 Di 29 Floor 1 PCC 1 30 Floor 2 PCC 2 31 Floor 3 PCC 3 32 Floor 4 PCC 4