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HomeMy WebLinkAboutItem 06.nI July 2, 2012 Item No. APPROVAL OF PERFORMANCE AGREEMENTS FOR THE LAKEVILLE AREA ARTS CENTER Proposed Action Staff recommends adoption of the following motion: Move to recommend approval of performing agreements with the following individuals for the Lakeville Area Arts Center. Performers • Schiffely Puppets performing Thursday, July 5, 2012, at 10:30 a.m. The Cowboy and the Hobo Show performing Saturday, July 28, 2012. • Philip Bauer performing a Johnny Cash tribute show on February 2, 2013. • Deuces Wild! Dueling Pianos performing March 8, 2012. Passage of this motion will confirm the contracted dates for performers scheduled for the Lakeville Area Arts Center's 2012 -2013 performance season. 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. �� io� �1 Tom Barnard Lakeville Area Arts Center Coordinator Financial Impact: $ Budgeted Y/N Y Source: Related Documents (CIP, ERP, etc .): Parks & Recreation and Arts Center Brochure and LAAC playbill. Note *Please have all checks made out to Jim Schiffman* Jim Schiff man Entertainment 8680 135th Street West Apple Valley, MN 55124 952/431 -0741 schiffellypuppets@frontiernet. net Performance Invoice Organization: Lakeville Area Art Center Address: PO Box 835 City /State /Zip: Lakeville, MN 55044 Telephone: 985 -4600 Contact Person: Tom or Karla The Schiffelly Puppets will perform on July 5, 2012 with a show time of 10:30am. *The cost of the show is $350.00 *Performance fee is payable upon immediate completion of the show. A late fee of $10.00 per day will be imposed unless prior arrangements are made. *Please have all checks made out to Jim Schiffman *Performers will arrive 20 - 30 minutes prior to scheduled show time. *Liability Insurance must be carried by the hosting organization. * Schiffelly Puppets agrees that this contract is non - cancelable with the exception of proven detention due to sickness, accidents, acts of God and other emergencies beyond our control *Please sign and return contract Special Instructions The undersigned parties do hereby agree to enter into a Contract as per terms, dates, place set forth herein. Sc elly I?a J_ i n Organization's Representative If you have any questions regarding this contract please contact Jim Schiffman at 952/431 -0741. 8680 135th St. W. Apple Valley, MN 55124 952/431 -0741 Visit us on the web at www.schiffellypuppets.com " xcE 1978,E 39489 Trout Ave Emily Minnesota 56447 (May thru October) 218- 763 -3662 6-i -2-805 X262 (cell phone-)- , A _._ .__ _ -. .__ -_ .- _ _ __ _ Contract for Services LQ59 S Indiana #72 Brownsville; Texas 78521 (November thru April). - 956 -83 8 -277 The musical group Cactus Willie, Boxcar Bob & The Drifter (The Cowboy and Hobo Show) will perform a show Saturday, July 28, 2012, beginning at 7:30 p.m. ending at 9:00 p.m. at the Lakeville Area Arts Center, 20965 Holyoke Avenue, Lakeville, MN 55044. The agreed arrangement of responsibilities and payment will be as follows: The Cowboy and Hobo Show: • Provides all sound equipment, musical instruments, microphones and related items needed to do the show. • Provide limited advertising on their website, handouts at other shows before the arranged date of performance. The Lakeville Area Arts Center: • Provides the location, stage, and lighting, seating, and box office services. • Provides advertising, handouts, mailers to the general public. Both parties agree to split the ticket revenue for this show at an even 50150 split. The Lakeville Area Arts Center will handle all admissions for the performance, staff the ticket sales table, and issue the payment to The Cowboy and Hobo Show on the Monday following the performance. Money from purchases of albums, tee shirts, and related band owned retail merchandise will be taken by the band members or their wives who will keep all proceeds the day of the performance. Both parties will be responsible to contact the other if something would happen that would affect the above agreed contract. All is done in good faith and neither party would proceed to legal actions should something arise to negate the agreement. The Cowboy and Hobo Show representative: Ok `l` City of Lakeville representative: City Clerk: 19 TY Sh Ulf Date: %J` �_ q n e Zo l Z Date: Date: rlie "or B"cmr Bob Cactus WOW PAGE1 OF 3 PAM/P SAUER .5140W 1.02 Bentree Court -- HendersonvMle, TN 37075 Phone 6.15-714..3637 ­ FAX: 615-.369-8626 - Email: dickmcv( This contract for the performance services of Philip. Bauer is, made INS 6"' day of June, 2012 between the Mayor of the City of Lakeville., Minnesota dba Lakeville Area Arts QenteC,,22QL LNjgjlqLe v@Lque Lakeville, MN 55044 (hereinafter _6L _q— referred to as "BUYER") and Philip Bauer, (hereinafter referred to as 'ARTIST' and represented by manager and agent, D ck McVey). This document supersedes any previous document concerning this engagement. Buyer hereby agrees to engage Artist and band for the purpose of Providing a musical performance depicting the career and music of Johnny C ash for the engagement described below: 01. PLACE OF ENGAGEMENT r 4 Aq_sC enter 02. PHYSI ADDRESS: 2D965 Holyoke Lakeville, MN 55044 01 MAILING ADDRESS: Same as above 04, BUYER'S INAME: May-or of Lakeville,, Minnesota 05. CONTACT EMAIL; Thomas Barnard, Arts Center Coordinator at tbarnard(cbci.iake0le.rnn.us 06, CONTACT PHONE NUMBER: Thomas Barnard, Arts, Center Coordinator at 952-9854641 07., DATE OF SHOW: Saturday,±ebrua y 08. NUMBER OF SHOWS: One G9.TIME OFSHOW(S): 7 _. 10. Lf-.NGT'H OF SHOW(S) 75 MinutgM.Lq"qcpre res t-D. japprqx[1!n to a 11ai n u _ I1, LOAD IN / SOUNDCHECK: To be, dctermine' d but pt: least: or to show time 12. OTHER APPE ARANC F. : 11 COMPENSATIOW -5.500 Wive thousaind five hundred dollafLs F lat gy?rantee 14. PAYMENT METHOD! Buyer will make. payment in US Dollars in Cash or Company Check. 15. PAYEE: Buyer will make checks payable to "Philip Bauer" (Tax ID 470-84­4609) 15, DEPOSIT: Bu er will makp a $1,000 (One thousand dollar) deposit upon. receipt: of Lhis contract Deposits are nori-refuindable only inthe case of the Buyer cance9ing the performance 16. BALANCE: Buyer wili make a, .45C ur th2us nd five hundred . llar ore th �P_JL o_ contracted show 17. RADIUS 18. TRANSPORTATION. 19, ACCOMMODAT11ONS: 20. FOOD: Artist shall not perform at another venue within a 75 mile rad-luis for a period of 30 days prior - to or following the contracted date. Artist will pLQyjaLejra� Is n paLtation L?��ttt: - igLit—S rooms f or the n of Fefarmm I and 2, 2013 Buyer wilf provide two meals on Februciry 2, 2013 for four - emjLt -Qolhbq, hundred do4arli areal buvout. lBuver will supply bottled water and ��jk 17 BUYER'S SIGNATURE FOR PAGE 1 DICK MCVEY SIGNATURE LR PAGE 1 PAGE 2 Of 3 21, MERCHANDISE: Artist has the right, but not the obligation, to sell merchandise If Artist sells merchandise the fo[lowing will! apply: 100% of salestothe Artist,, Buyer will provide a tabie and chair in a conspicuo location for selling rinerchandise. and signing arutographs. 22. SOUND: Buyer will provide an engineer and professional sound system capable of providing 16 inputs froon the stage and 4 monitor mixes as per -the attached stage plot, In addition to the live bond.,, Artist. will be. permittodi to. use backing tracks to enhance the show 2:3. LIGHTING: Buyer will provide a high quality lighting system with follow spot and operator(s). 24, BACKUNE: Artist will provide backlinefor this event. 25. RIDER: The stage plot and tech sheets are attached arid are part of this contract, 26. EQUIPMENT CONSIDFRATIONS: No other act shall be permitted to use Artist or Artist's band equipment unless prior arrangements are made. 27. DRESSING ROOMS: Buyer :shall provide a secure dressing roorn near the area of the stage area equipped with rest roorn, mirror,: 4 towels and non-alcoholic beverages inciuding regular and diet soft drinks and water. 28. RECORDING Still Dhotography is pLrn fitted however no audio or video.. irpcord i9y,_2E,t[�n iss ion is gtrElLi qt advise. audience beforethe show and p q_�t a noti c; hi5 pL) ,q[ancean d'_print it or) tickets and/or handbflls. ...The venlLffl- IS , �nl 29. BILLING: Buyer agrees to adhere to advertising guidelines set forth by the Estate Of Johnny Cash including the use of trademarked names regarding Johnny Cash. 30. CANCELLAT This contract for the Artist to perform is subject to proven detention by sickness, physical limpairment, accident, transportation failure, airline cancellations, any act or restriction placed upon the Artist by a government authority, riots, strikes, acts of'God or any other legitimate condition beyond the Artist's control, Buyer agrees that Artist may cancel this contract without liability upon notice to Buyer at least 45 days prior to the contracted date in the event of the Artist being retained to appear in. a major motion picture, a national television event, or a long-term engagement at as casino, theme park w theater. In the event of a cancellation! Artist agreesto perform another date mutually agreed upon between Artist and Buyer. 31, COMPLINIENTARY TkCKE Ag shall be entitled to 10 ( cornplinnentarV tickets to the contracted show. 3 2. A RTI S T'S I MIAG; I Buyer shall not use artist's image on tickets, handbills, programs or any printed materials that is distributed or sold to the audience, Any item that rnay inhibit: sales of the Artist's photograph, is Iparohibited. Artist's image may be used for advertising in ar,V other way. BUYER'S SIGNATURE FOR PAGE 2 DICKWVEYSIGNATURF. OR PAGE 2 PAGE 3 OF: 3 33. INDEPENDENT CONTRACTOR: For the purpose of this contract, Artist shall be considered an independent contractor, and not an employee. 11 his contract shall not constitute a partnership between Artist and Buyer, 34. REASONABLE ACCESS Artist and Dick McVey shall have reasonable access to the place of engagement for the purpose of dioing business with the Buyer. Restricted areas of the venue do not apply. 35. LEGAL VENUE: This contract cannot be assigned or transferred without: the written consent of the Artist, 36. BREACH OF CONTRACT: if Buyer fails to provide any items as specified in this contract or fails to make payments as specified in this contract, the Artist has no oblig 0 ,ationt perform and shad be entitled to the full campensaflon set, forth in this contract. 37. INSURANCE INDEMNIFICATION: Artist shall indgM2jbLM hold harmiless The City Of Lakeville, Minnesota j 's caflicer .5 !:n Lay� a r ents, includine anv of itsgntiities tLp inst any claims, suits actjon$,J,udgments cost-S, dena ids _Ioss damage, and any other expense wh�ggqLyLaj, includineattorne fees and costs, 4', to bodily inigiry or death of any pq _ rs _ OAMa&e ,.to tan Lble persig n?�l prv�� krty incurred in activitles arising outof this contract _ or ppy of Artist's activities in the ordinary course of b.usingss, tothe extent proximately caused byrthe negligent or w rni . s willful acts rosions. of the Art is Lt—litiLemp—loo—e-S.,—of, agents it the p!�Ltqrrjjjn egf such activities. LnS nstLra iqLrg ir-LI�MP�Ibe ocl M— _2L bV Buver. 18. ADDENDUMS: N/A This contract is not valW if not signed and returned with the deposit withirs 30 days of its issue date. IN WITNESS WHEREOF,, the parties hereunto set their nornes. 'This conti-act is not valid if not signed on all three pages and returned with the deposit within 30 days of its issue date. IN WITNESS WHEREOF, the PartieS, hereunto set their narnes, BUYER'S• PRINTED NAME BUYER"S SIGNATURE FOR PAGE 3 DICK MCVEY MCK MCVEY SIGNA rFU R FOR PAGE 3 ENGAGEMENT CONTRACT This agreement made this day of June 19, 2012, by and between Deuces Wild! Dueling Pianos (Deuces Wild! LLC) herein referred to as The ARTIST providing the services of the Entertainment and Mayor Mark Bellows (City of Lakeville) herein referred to as The PURCHASER. 1. Engagement Specifics: a. Location: Lakeville Area Arts Center, 20965 Holyoke Ave., Lakeville, MN 55044 b. Date(s): Friday, March 8 2013 c. Time: Approximately 2 hours with one intermission; 7:30- 9:30pm 2. The ARTIST agrees to supply the following to the PURCHASER for the performance a. Two 88 Key Keyboards, Two Grand Piano Shells, Acoustic Guitar, Harmonica Saxophone, all props and complete sound production for the event including all speakers, amplifiers, microphones and cabling unless otherwise indicated by venue. 3. It is agreed as full compensation for services and equipment, as set forth above, that the PURCHASER will pay the sum of $22.00 dollars a ticket less the $2 per ticket in house fees, less the $250 venue rental fee, less the $300 Playbill advertising fee. This payment will be made following the performance. The check should be made out to Deuces Wild!, LLC and mailed to: 2840 Bryant Ave. S., 402E, Minneapolis, MN 55408. 4. The PURCHASER agrees to supply the following at no cost to the ARTIST. a. A stage with a minimum 8' x 20` performance area, with attached steps. b. Complete lighting production, at least to the level of a "stage wash ". c. A NEMA 14 -50 220v receptacle OR at least 3 separate, clean/unused 20 AMP circuits, at a maximum of 50 feet from the stage area. d. Adequate, secure, dressing room for ARTIST during the performance. e. Hospitality Tray; Bottled water, diet coke, snacks, and hand towels. f. If available, load in and load out help is greatly appreciated. 5. The ARTIST expressly reserves the right to control the manner, means and details of the performance of services to fulfill the entertainment requirements of the PURCHASER. This includes having some input to the placement of the seating, stage and Deuces Wild banner in performance area. 6. The ARTIST will assume responsibility for appropriate payment of payroll taxes and charges under applicable federal and local law. ARTIST is an independent contractor. We acknowledge and confirm that we have read and approved the terms and conditions set forth in this contract, as deemed by our signatures below. ,�!!JJ�� %`N� PURCHASER Signature Name: Mayor Mark Bellows Of City of Lakeville Address: 20195 Holyoke Ave. City: Lakeville, MN 55044 Phone: (952) 985 -4403 ARTIST Signature Name: Nicoli Holm, Treasurer Of Deuces Wild!, LLC Representing: Deuces Wild! Dueling Pianos Address: 2840 Bryant Ave. S., 402E City: Minneapolis, MN 55408 Phone: (320) 267 -2313