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HomeMy WebLinkAboutItem 06.jNovember 7, 2011 APPROVAL OF INSTRUCTOR AGREEMENTS AND PERFORMANCE AGREEMENTS FOR THE LAKEVILLE AREA ARTS CENTER Proposed Action Staff recommends adoption of the following motion: Move to recommend approval of an instructor agreement and a performing agreements with the following individuals for the Lakeville Area Arts Center. Instructor • Tom Swift Performers • Michael Bateson will present An Afternoon with Mark Twain on Sunday, November 6, 2011. • Michael Bateson and Julie Bateson will present Ole and Lena's 50 Wedding Anniversary and Vow Renewal on Saturday, February 18, 2012. • Prairie Fire Theatre presenting Robin Hood as children's theater residency the week of June 18 — 23, 2012. • Prairie Fire Theatre presenting Alice in Wonderland as children's theater residency the week of July 16 - 21, 2012. • Prairie Fire Theatre presenting Jack and the Beanstalk as children's theater residency the week of August 20 — 25, 2012. Passage of this motion will result in confirming the staff needed to offer programs advertised in the Park and Recreation brochures and the LAAC playbill, Overview The Lakeville Area Arts Center offers activities to the public as advertised in the Lakeville Park and Recreation brochures and the LAAC Playbill. Performers are contracted to for concerts as advertised. Primary Issues to Consider • None Supporting Information • The agreements are attached. .-101 -1A.} Tom Barnard Lakeville Area Arts Center Coordinator Are Lc M • Item No. Financial Impact: $ Budgeted: YIN Y Source: Related Documents (CIP, ERP, etc.): 2011 Parks & Recreation and Arts Center Brochure and LAAC playbill. Notes: AGREEMENT FOR SERVDCES PERFORMED BY DNDEPENDE T CONTRACTOR THIS AGREEMENT is made on the 15t day of October, 2011, between the CITY OF LAKEVILLE ( "City "), whose business address is 20195 Holyoke Avenue, Lakeville, MN 55044, and Tom Swift ( "Contractor "), whose business address is 825 Headley Court Northfield, MN 55057. THE CITY AND CONTRACTOR AGREE AS FOLLOWS: Independent Contractor. The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees are in any manner agents or employees of the City. Contractor shall be exclusively responsible under this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self - employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 2. Contractor's Services. The Contractor agrees to provide services as described in Exhibit A, attached and made a part of this Agreement. The Contractor shall, in the execution of services, conform to all applicable federal, state, and local laws, codes, ordinances, and regulations. 3. Time for Performance of Services. The Contractor shall perform the services outlined in Exhibit A, attached and made a part of this Agreement. 4. Compensation for Services. The City agrees to pay the Contractor for services as described in Exhibit A, attached and made a part of this Agreement. Customer refunds will be made at the discretion of the City. If a full or partial refund is given after the program starts or completed, compensation to the contractor will be adjusted. 5. Method of Payment. The Contractor shall submit to the City, on a monthly basis, itemized bills for professional services performed under this Agreement. Bills submitted shall be paid in the same manner as other claims made to the City. 6. Termination. This Agreement shall continue in effect until and unless amended or terminated by either party. Either party, without cause, may terminate this Agreement by seven (7) days' written notice delivered to the other party at the address written above. After termination, the City shall have no further obligation to Contractor except to compensate Contractor for services performed before Contractor's receipt of notice of termination. 7. Subcontractor. The Contractor shall not enter into subcontracts for services provided under this Agreement, except as noted in Exhibit A, without the express written consent of the City. 8. Assignment. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 9. Indemnification. Contractor agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Contractor, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Contractor fully to perform, in any respect, all obligations under this Agreement. 10. Workers Compensation Insurance. Worker's compensation coverage shall be furnished meeting minimum requirements of Minnesota law. The Contractor shall provide proof of workers' compensation coverage and shall execute the form attached hereto. 11. Records Access. The Contractor shall provide the City access to any books, documents, papers, and records which are directly pertinent to the Agreement, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this Agreement are closed. 12. Data Privacy. The Contractor shall comply with Minnesota Statutes Chapter 13, The Minnesota Government Data Practices Act. The Contractor shall not disclose non - public information except as authorized by the Act. 13. Ownership of Documents. All plans, diagrams, analyses, reports, and information generated in connection with performance of the Agreement shall become the property of the City. The City may use the information as it sees fit. Such use by the City shall not relieve any liability on the part of the Contractor. 14. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. CITY OF LAKEVILLE CONTRACTOR: Mayor Attest: City Clerk Executed as of the day and year first written above. BY: 7c ( Exhibit A TOM SWIFT Contractor's Services. The Contractor agrees to provide services as described in the program course description as it appears in the Parks and Recreation Seasonal Brochure. Compensation for Services. The City agrees to pay the Contractor $160.00 at the completion of the program course. Minimum /Maximum. The City agrees to honor the minimum /maximum enrollment number as requested by contractor. Proof of Program Course Description. The Contractor agrees to proof and ultimately approve the final program description by city established deadline dates. Registration The city will process all program registrations. Time Frame of Exhibit A. The Exhibit A shall continue in effect until and unless amended or terminated by either party (see #6 of contract) INSURANCE COMPANY NAME: (NOT the insurance agent) POLICY NO. OR SELF - INSURANCE PERMIT NO.: DATES OF COVERAGE: PROOF OF WORKERS' COMPENSATION INSURANCE COVERAGE Minnesota Statutes Section 176.182 requires every governmental subdivision entering into a contract for doing any public work to obtain acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Section 176.181, subd. 2. The information required is: the name of the insurance company, the policy number, and dates of coverage or the permit to self- insure. This information will be collected by the licensing agency and put in their company file. It will be furnished, upon request, to the Department of Labor and Industry to check for compliance with Minnesota Statutes Section 176.181, subd. 2. This information is required by law, and a contract for the doing of any public work may not be entered into if it is not provided and/or is falsely reported. Furthermore, if this information is not provided and/or is falsely reported, it may result in a penalty assessed against the applicant by the Commissioner of the Department of Labor and Industry payable to the Special Compensation Fund. Provide the information specified above in the spaces provided, or certify the precise reason your business is excluded from compliance with the insurance coverage requirement for workers' compensation. -OR— I am not required to have workers' compensation liability coverage because: I have no employees covered by the law. Other (specify): I HAVE READ AND UNDERSTAND MY RIGHTS AND OBLIGATIONS WITH REGARD TO PUBLIC CONTRACTS AND WORKERS' COMPENSATION COVERAGE, AND I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE AND CORRECT. (Signture) Agreement between the City of Lakeville and Michael Bateson Michael Bateson will perform a program of An Afternoon with Mark Twain beginning at 2:00 p.m. on Sunday, November 6, 2011, at the Lakeville Area Arts Center, 20965 Holyoke Avenue. Both Michael Bateson and the Lakeville Area Arts Center staff will work to promote the show. Michael Bateson will use his data base of contacts and fans to make the program known. The Lakeville Area Arts Center will promote the concert in its 2011 -2012 playbill, media releases, marquee, newsletters, and using other available resources. The Lakeville Area Arts Center will print and sell tickets through its box office and ticket outlets. By signing at the bottom of this letter of agreement, Lakeville Area Arts Center agrees to the following conditions: 1) Performance Space Stage will be clear of furniture, props, scenery, etc. There will be general stage Iighting, a microphone and a sound booth tech provided. 2) Liability Insurance The City of Lakeville carries the standard liability insurance for audiences, staff, and the building of the Lakeville Area Arts Center. 3) Payment Michael Bateman will be paid 50% of the ticket revenue for his performance. Since the payment will include walk -up sales on the day of the performance, the check will be processed during the week following the performance. In the event of bad weather making travel to the performance unsafe, the decision to cancel shall be made by the Lakeville Area Arts Center Coordinator and Michael Bateson. Rescheduling of the concert will depend on the availability of the performance space and Michael Bateson. I hereby agree . all co 'itions and terms described above: cP) s -/ Michael Bateson Date As an authorized representative of the City of Lakeville, I hereby agree to all conditions and terms described above: Lakeville Mayor Date City Clerk Date G:IAris CenleriPPRPORMING ARTS PROGRAM5120111Mark Twain.doc Michael Bateson and Julie Bateson will perform a program of Ole and Leana's 50th Wedding Anniver saiy and Vow Renewal beginning at 7:30 p.m. on Saturday, February 18, 2012, at the Lakeville Area Arts Center, 20965 Holyoke Avenue. Both Michael Bateson and the Lakeville Area Arts Center staff will work to promote the show. Michael Bateson will use his data base of contacts and fans to make the program known. The Lakeville Area Arts Center will promote the concert in its 2011 -2012 playbill, media releases, marquee, newsletters, and using other available resources. The Lakeville Area Arts Center will print and sell tickets through its box office and ticket outlets. By signing at the bottom of this letter of agreement, Lakeville Area Arts Center agrees to the following conditions: 1) Performance Space Stage will be clear of furniture, props, scenery, etc. There will be general stage Lighting, a microphone and a sound booth tech provided. 2) Liability Insurance The City of Lakeville carries the standard liability insurance for audiences, staff, and the building of the Lakeville Area Arts Center. 3) Payment Michael Bateson will be paid 50% of the ticket revenue for his performance. Since the payment will include walk -up sales on the day of the performance, the check will be processed during the week following the performance. In the event of bad weather making travel to the performance unsafe, the decision to cancel shall be made by the Lakeville Area Arts Center Coordinator and Michael Bateson. Rescheduling of the concert will depend on the availability of the performance space and Michael Bateson. I hereby agree t conditions and terms described above: ate Michael Bateson Agreement between the City of Lakeville and Michael Bateson As an authorized representative of the City of Lakeville, 1 hereby agree to all conditions and terms described above: Lakeville Mayor Date City Clerk Date G:\Arts Cenler\PERFORMING ARTS PROGRAMS120111O1e and Lena.doc ArowsmAGIckon Residency Week Contact Sponsor Address 1 ,kA*1 THE WIZARD OF OZ p €7ER, rAA) 0011 Deposit- or DARK MIST Alice In Wonderland TOM =VI Signed -- Signed Audition Date yacL antt thr r� ilieangtall; Prairie Fire Theatre Box 82 Barrett, MN 56311 -0082 320-528-2596 "Robin Hood" Touring Contract June 17 -23, 1012 Tom Barnard Lakeville Art Center PO Box 835 Lakeville, MN 55044 (- 1 Jzoiz Performance Date(s) 3 ( L7 c 9 , - . 3 / 1 2 - Time(s) fo.'c,u ; Fee: The total fee for the residency is $2250. The fee is due on or before the day of the first performance. A deposit of $400 per residency week must accompany a signed contract to secure a booking. The signed contract and deposit are due on 12/1/2011. The deposit goes toward the fee and is no longer refundable after receipt. Performances: Two (2) performances are included with the standard residency fee. Please note an in- school show constitutes a performance. Extra performances are available at a cost of $200 each. Lodging: The sponsor must furnish individual motel accommodations; Sunday through Saturday (7 nights), for two (2) tour directors, within ten (10) miles of the residency venue. When the motel is more than. ten (10) miles from the residency venue, the sponsor will be charged the federal mileage rate for travel between the motel and the venue past the allotted 10 miles. Prairie Fire also reserves the right to add a fuel surcharge. Publicity: Costs for local publicity, promoting auditions and performances are paid by the sponsor. Prairie Fire will supply a sponsor kit that contains sample press releases for auditions and performances, a sample ad, a logo sheet, a sample program and 30 show posters. Box Office: The pricing and sale of tickets is the sponsor's responsibility, as is running the box office at the door. Income from the ticket sales goes to the sponsor. Indemnification: The sponsor shall indemnify and hold Prairie Fire or its directors harmless against liabilities, expenses and losses incurred by Prairie Fire or its directors as a result of any person in or about the premises or appurtenances provided by the sponsor and used by Prairie Fire in performing this contract. Copyright: The unauthorized use of Prairie Fire scripts, music, or logos is strictly prohibited. Video taping of Prairie Fire Productions is allowed only if Prairie Fire is properly credited, tapes are not sold for profit, and Prairie receives one (1) copy. Commum Spons Prairie Fire Theater r Cfiri5titta Carol Time/Location LA 4 G 1: c0 Community Lakeville, MN Phone 952 - 985 -4641 Date Date THE WIZARD © OZ F €i £R 759 OF DARK MIST Alice In Wonderla B 1 1311 Prairie Fire Theatre Box 82 Barrett, MN 56311 -0082 320- 528 -2596 "Alice in Wonderland" Touring Contract July 15 -21, 2012 Tom Barnard Lakeville Art Center PO Box 835 Lakeville, MN 55044 7{1(A � '1A)11._. Performance Date(s) 71 2b I lZ Time(s) Fee: The total fee for the residency is $2250. The fee is due on or before the day of the first performance. Deposit: A deposit of $400 per residency Iveek must accompany a signed contract to secure a booking. The signed contract and deposit are due on 12/1/2011. The deposit goes toward the fee and is no longer refundable after receipt. Performances: Two (2) performances are included with the standard residency fee. Please note an in- school show constitutes a performance. Extra performances are available at a cost of $200 each. Lodging: The sponsor must furnish individual motel accommodations; Sunday through Saturday (7 nights), for two (2) tour directors, within ten (10) miles of the residency venue. When the motel is more than ten (10) miles from the residency venue, the sponsor will be charged the federal mileage rate for travel between the motel and the venue past the allotted 10 miles. Prairie Fire also reserves the right to add a fuel surcharge. Publicity: Costs for Iocal publicity, promoting auditions and performances are paid by the sponsor. Prairie Fire will supply a sponsor kit that contains sample press releases for auditions and performances, a sample ad, a logo sheet, a sample program and 30 show posters. Box Office: The pricing and sale of tickets is the sponsor's responsibility, as is running the box office at the door. Income from the ticket sales goes to the sponsor. Indemnification: The sponsor shall indemnify and hold Prairie Fire or its directors harmless against liabilities, expenses and losses incurred by Prairie Fire or its directors as a result of any person in or about the premises or appurtenances provided by the sponsor and used by Prairie Fire in performing this contract. Copyright: The unauthorized use of Prairie Fire scripts, music, or logos is strictly prohibited. Video taping of Prairie Fire Productions is allowed only if Prairie Fire is properly credited, tapes are not sold for profit, and Prairie receives one (1) copy. Residency Week Contact Sponsor Address Audition Date Time/Location Signed tick anD Eke eangta[k e Cfu•i5 uta5 "a. Carol Community Lakeville, MN Phone 952- 985 -4641 Date Comm ...., Signed \ t� Z Date ° l Prairie Fire Theater I` oc r i vik , L/ 4 t7� t woo 4 I✓l „E Mtibmnluer Ntq!!t'1 Priam THE WI?A 01 OZ PET Ei 7,I31 Or DARK MIST Alice In Wonderland TOM B WOE 11001N Fee: MO 1, Residency Week Contact Sponsor Address August 19 -25, 2012 Tom Barnard Lakeville Art Center P© Box 835 Lakeville, MN 55044 1 20/ 1 00 1 Performance Date(s) 5/ a t-d1 l 2612- Time(s) 7 r i 01 co / A, Audition Date Time/Location r co t 1 t_ 4 h e- The total fee for the residency is $2250. The fee is due on or before the day of the first performance. A deposit of $400 per residency week must accompany a signed contract to secure a booking. The signed contract and deposit are due on 12/1/2011. The deposit goes toward the fee and is no longer refundable after receipt. Performances: Two (2) performances are included with the standard residency fee. Please note an in- school show constitutes a performance. Extra performances are available at a cost of $200 each. Lodging: The sponsor must furnish individual motel accommodations; Sunday through Saturday (7 nights), for two (2) tour directors, within ten (10) miles of the residency venue. When the motel is more than ten (10) miles from the residency venue, the sponsor will be charged the federal mileage rate for travel between the motel and the venue past the allotted 10 miles. Prairie Fire also reserves the right to add a fuel surcharge. Publicity: Costs for local publicity, promoting auditions and performances are paid by the sponsor. Prairie Fire will supply a sponsor kit that contains sample press releases for auditions and performances, a sample ad, a logo sheet, a sample program and 30 show posters. Box Office: The pricing and sale of tickets is the sponsor's responsibility, as is running the box office at the door. Income from the ticket sales goes to the sponsor. Indemnification: The sponsor shall indemnify and hold Prairie Fire or its directors harmless against liabilities, expenses and losses incurred by Prairie Fire or its directors as a result of any person in or about the premises or appurtenances provided by the sponsor and used by Prairie Fire in performing this contract. Copyright: The unauthorized use of Prairie Fire scripts, music, or logos is strictly prohibited. Video taping of Prairie Fire Productions is allowed only if Prairie Fire is properly credited, tapes are not sold for profit, and Prairie receives one (1) copy. Deposit: Signed -- Signed Prairie Fire Theatre Box 82 Barrett, MN 56311 -0082 320- 528 -2596 "Jack & the Beanstalk" Touring Contract Comm S . onso Prairie Fire Theater a LI1ti5tnta5 M ath anh th Itan5talh {.ara[ Date Date 4 10 l Community Lakeville, MN Phone 952 -985 -4641