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
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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
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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