HomeMy WebLinkAboutItem 06.hI
August 2, 2010 Item No.
REQUEST APPROVAL OF PERFORMANCE AGREEMENTS
FOR THE LAKEVILLE AREA ARTS CENTER
Proposed Action
Staff recommends adoption of the following motion: Move to approve performance
agreements for the Lakeville Area Arts Center.
Overview
The Lakeville Area Arts Center offers a variety of stage entertainment as advertised in
the 2010 -2011 Lakeville Area Arts Center Playbill. Staff has secured agreements and
recommends approval of the following contracts for performances:
• New Folk Bookings /The Galactic Cowboy Orchestra — January 14, 2011
• Sweetwood Productions — The Wonder Bread Years — January 21 and 22, 2011
• The Minneapolis Guitar Quartet — April 1, 2011
Primary Issues to Consider
• None
Supporting Information
• Agreements for services performed by independent contractors
Tom Barnard
Lakeville Area Arts Center Coordinator
Financial Impact: $ Budgeted Y/N Y Source:
Related Documents (CIP, ERP, etc .): Playbill and Parks & Recreation Brochure
Notes:
Y Yei
BOOKING 0 C
PERFORMANCE CONTRACT
This is a contract for entertainment services dated June 25, 2010 between Lakeville Area Arts Center
hereinafter referred to as "PURCHASER," and The Galactic Cowboy Orchestra hereinafter referred to as
"ARTIST."
2. a. Billing: The Galactic Cowboy Orchestra
b. Performance date: Friday, January 14, 2011
c. Venue: Lakeville Area Arts Center
d. Venue Address: 20195 Holyoke Ave., Lakeville, MN Venue Phone 952.985.4640
e. Performance Time: 7:30 start Performance /Set Length TWO 45 minute sets
f. Load -In: 5:00 -5:30 Sound Check: 5:30 -6:30
g. Primary PURCHASER Contact: Tom Barnard Phone: 952.457.0108
h. Primary ARTIST Contact: Elisa Wright Phone: 507.438.6756
3. a. As compensation in full for this performance, PURCHASER will pay ARTIST in cash or by certified check the
sum of. 60/40 door split Please make check payable to Elisa Wright
b. Admission $15 Venue Capacity 300 Gross Potential $4500
c. Artist will be paid in full no later than 30 minutes after the performance.
4. In addition to compensation provided for under 3a, PURCHASER will also provide the following:
4 hot meals and beverage for the band and crew.
5. a. Purchaser is to provide the P.A. system.
b. Purchaser is to provide the stage lighting.
c. Purchaser is to provide sound and light technician(s).
6. It is hereby understood ARTIST is an independent contractor and is not an employee of PURCHASER or Venue.
7. The individuals signing this contract hereby warrant they are duly authorized and have full authority to enter into a
binding contract on behalf of their respective parties.
We, the undersigned, hereby acknowledge and confirm we have read and have approved the terms and conditions set
forth in this contract, including terms on the reverse side of this document, and any and all attached riders, as deemed
by our signatures below.
PURCHASER'S representative
Printed name: Tom Barnard
Date
L
ARTIST's repre entative
Elisa Wright
7
Date
Company: Lakeville Area Arts Center New Folk Booking
Address: 20195 Holyoke Ave., Lakeville, MN 55by 5217 North 6 "' Street, Minneapolis, MN 55430
Phone: 952.457.0108
Fax:
507.438.6756
N/A
Email Address tbarnard(iDeLlakeville.mn.us elisa @newfolkbooking.com
Rider attached: YES NO
Please sign both copies and return one to New Folk Booking at the address below:
5217 N 6 th Street, Minneapolis, MN 55430
�e iy B O O K I N G V Ck
PERFORMANCE CONTRACT
1. Purchaser's Duties
a. Purchaser agrees to employ Artist for professional services as a musician /musical group entertainer(s).
b. Purchaser shall be responsible for any sales tax in connection with this performance, excluding those applying
to the sale of Artist's merchandise.
2. Purchaser's Warranties
a. Purchaser warrants there will be no recording, reproduction, or transmission from the place of engagement in
any manner or by any means whatsoever without prior consent of the Artist and New Folk Booking.
3. Artist's Duties
a. Artist agrees to provide professional services as a musician/musical group or performer and to perform the
engagement according to the terms and conditions set forth in this contract.
b. Artist shall have the sole and exclusive control over the production, presentation and performance of the
engagement hereunder, including, but not limited to content, volume, sound mix, and visual presentation.
4. Artist's Warranties
a. Artist/group leader herby warrants that the individual members of group working this engagement have given
him the power to bind them to the terms and conditions of this contract. Each member of performing group
has the right to enforce this performance contract.
5. Acts of God
a. This agreement is in effect rain or shine. It is understood that if the stage area is NOT sheltered and inclement
weather occurs, the engagement will be either cancelled or moved to an indoor location. If it is cancelled,
Artist will still receive full compensation.
b. In the event of debilitating injury, sickness, labor strikes, earthquakes, floods, fire or similar destructive Acts
Of God (with the exception of inclement weather), both Artist and Purchaser will be excused from the
performance contract requirements and a new date, agreed upon by both parties, will be set for no more than
90 days from the original performance date.
6. Cancellation
a. In the event of cancellation by the Purchaser for any reason other than those detailed in Paragraph 5, the Artist
wHI be paid in full. In the event of cancellation by the Artist for any reason other than those detailed in
Paragraph 5, all deposits shall be returned to Purchaser within 14 days of the performance date.
7. Liability
a. Artist and New Folk Booking and Purchaser (as applicable, the "Indemnifying Party") each shall indemnify
and hold harmless the other (and its respective members, officers, directors, shareholders, parents, employees
and agents) (collectively, the "Indemnified Party") from and against all loss, expense, damage, claim, or
liability (including prevailing party's reasonable attorneys' fees and expenses if so awarded) that arises from
or in connection with (i) any injury to the person and /or property of any registrant, guest, member, employee
or agent of Indemnified Party arising out of the negligence or misconduct of Indemnifying Party, its agents, or
employees, or (ii) any breach of the covenants, representations and warranties of Indemnifying Party made
herein.
SWEETWOOD PRODUCTIONS L. L.C.
Agreement made this July 13, 2010 by and between Sweetwood Productions, LLC (the
"Producer ") and The Lakeville Area Arts Center (the "Presenter ").
Presenter and Producer mutually agree as follows:
1. The Engagement. The Presenter agrees to engage, and shall have the exclusive right
to present Producer's touring production of The Wonder Bread Years (the "Production ")
in Lakeville, MN (the "City ") at The Lakeville Area Arts Center (the "Theatre ") for two
shows on the following dates: Friday January 21, 2011 at 7:30pm and Saturday January
22, 2011 at 7:30p.m.
2. The Term. Presenter warrants that it owns or has a valid lease for the Theatre for the
period of 9AM on date of performance, for load -in, the exact date and time of which
shall be scheduled by the Producer, through Midnight after the performance, or until
load -out is completed, whichever is later, for the sole and exclusive use of the
Producer.
3. Compensation. Guarantee: All payments due to the Producer will be made by
company check to Sweetwood Productions, LLC (Fed ID# 32- 0174295). Presenter shall
pay to Producer a fee (the "Guarantee ") of Five Thousand Dollars ($5,000.00)
4. Deposit. The Presenter will pay a 20% deposit of One Thousand Dollars ($1,000.00) to the
Producer with the execution of this contract. Checks payable to Sweetwood
Productions, LLC and sent to 3406 Riva Ridge Rd. Austin, TX 78746.
5. Balance: The remaining balance of Four Thousand Dollars ($4,000) is payable no later
than Noon the day of the first performance and the Presenter shall pay Producer the
amount set forth above, regardless of the box office or other receipts derived from
ticket sales to the Performances, without any deductions or withholding of any kind.
6. Royalty. This is not applicable for this performance.
7. Expenses. This is not applicable for this performance.
8. Overages. After 300 total tickets sold, Presenter and Producer split 50/50.
9. Accommodations. One (1) non - smoking room (3 Star Hotel or better) shall be provided
for two nights.
10. Attached Riders. By executing this contract, attached Rider is agreed upon.
Sweetwood Productions to provide Production Manager and he /she shall contact the
venue to advance the show.
11. Transportation. Both airfare and ground transportation are included in the guarantee.
12. Merchandise. The Producer shall have the sole right to sell show merchandise supplied
by the Producer in the Theatre lobby. Upon execution of this Agreement, the Presenter
shall verify the Theatre's concessionaire's requirements and notify the Producer in
writing any portion of those requirements that would prohibit or inhibit the Producer's
ability to conduct such sale. Theater concessionaire will receive 10% commission on
sales when Presenter provides seller.
13. Internet Access. Internet must be accessible both at the venue and at the hotel.
14. Parking. The Production Manager and Performer will need to have a parking spot
provided both at the venue and at the hotel. All parking fees will be the responsibility
of Presenter.
15. Special Circumstances.
16. Company Tickets. Presenter shall hold three pairs of complimentary tickets for
Producer's use for each performance. Such seats not specifically allocated by the
Producer or his representative twenty -four hours prior to each performance may be
released with the provision that one pair of tickets will be held until one hour prior to the
performance.
17. Other Items. The Guarantee is "Net to Producer" and is final and agreed upon here in
writing. No further deductions or add on fees at the artist's expense including but not
SWEETWOOD PRODUCTIONS L.L.G.
limited to commissions, taxes, insurance riders or any other fees whatsoever shall be
taken from this agreed upon amount nor requested from artist at a later date at the
producer's expense. This agreement constitutes a final written expression of all the
agreements between the parties, and is the complete and exclusive statement of
those terms.
18. The Presenter can decide to cancel this performance or close the Theatre due to fire,
national or local calamity or any similar act of God. In such a case, Producer and
Presenter shall be relieved of their further (excluding deposit) respective obligations
and neither party shall have any further financial claim on the other resulting from losses
during the period of cancellation or closing.
19. Nothing in this agreement shall be deemed to create or constitute a joint venture,
partnership, or trust relationship between Presenter and Producer.
20. Any dispute relating to this agreement, if one should arise, which can not be settled in
good faith by a representative of the Presenter and a representative of the Producer,
will be submitted to binding arbitration before on arbitrator using the then current rules
of the American Arbitration Association. This will be done in the most convenient
jurisdiction of the party against whom such enforcement is first sought. The prevailing
party to the arbitration will be entitled, also, to all costs including attorney's fees.
for The Lakeville Area Arts Center
Thomas Barnard
Arts Center Coordinator
City of Lakeville 1
20965 Holyoke Avenue
Lakeville, MN 55044
Office: 952 -985 -4641
Fax: 952 - 985 -4649 1
www.lakevillemr).gov
for Sweetwood Productions, LLC
klc�� -
Andrew Windler
Entertainment Coordinator
Sweetwood Productions, LLC
3406 Riva Ridge Rd
Austin, TX 78746
tbarnard @ci.lakeville.mn.us
Date
Phone: 512- 383 -9498
Fax: 512- 383 -1680
andrew@sweetwoodproductions.com
Date 07/13/2010
Agreement between the City of Lakeville
and
The Minneapolis Guitar Quartet
The Minneapolis Guitar Quartet will perform a ninety minute concert with a fifteen minute
intermission at 7:30 p.m. on Friday, April 1, 2011, at the Lakeville Area Arts Center, 20965
Holyoke Avenue, in Lakeville.
The Minneapolis Guitar Quartet and the Lakeville Area Arts Center staff will work to promote
the show. The Minneapolis Guitar Quartet will notify its data base of contacts and fans about the
performance. The Lakeville Area Arts Center will promote the event in its 2010 -2011 playbill,
media releases, marquee, newsletters, and using other available resources.
The Lakeville Area Arts Center will print and sell tickets for $(15.00 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) Liability Insurance
The City of Lakeville carries the standard liability insurance for audiences, staff, and the building
of the Lakeville Area Arts Center.
2) Payment
Payment will be made in the amount of 75% of ticket revenue to the Minneapolis Guitar Quartet
and 25% to be retained by the Lakeville Area Arts Center. Since the payment is based on total
ticket sales, final payment will not be made at the concert. A check for 75% of the presale up to
the city council meeting preceding the concert will be available the night of the concert. A check
for the balance of the 75% of ticket sales will be processed at City Hall the Monday following
the concert. This check may be picked up at City Hall or will be mailed that day.
I hereby agree to all conditions and terms described above:
R ' se tative of the Quarter Minneapolis Guitar DD to
P Q
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
•
August 2, 2010 Item No.
APPROVAL OF AN INSTRUCTOR AGREEMENT FOR
THE LAKEVILLE AREA ARTS CENTER
Proposed Action
Staff recommends adoption of the following motion: Move to recommend approval of
instructor agreement with the following individual for the Lakeville Area Arts Center.
Zack Ailabouni
Passage of this motion will result in confirming the staff needed to offer classes and
programs advertised in the Park and Recreation brochures.
Overview
The Lakeville Area Arts Center offers classes and activities to the public as advertised
in the Lakeville Park and Recreation brochures. Advertised classes and activities are
offered when a minimum registration number is reached. Instructors are contracted to
teach the classes and activities as needed.
Primary Issues to Consider
None
Supporting Information
The agreements are attached.
Tom Barnard
Lakeville Area Arts Center Coordinator
Financial Impact: $ Budgeted Y/N Y Source:
Related Documents (CIP, ERP, etc .): 2010 Parks & Recreation and Arts Center
Brochure
Notes:
G:\Arts CenterWEMOS\2010\1nstructor Agreements August 2- 2010.doc
AGREEMENT FOR SERVICES
PERFORMED BY INDEPENDENT CONTRACTOR
THIS AGREEMENT is made on the 5 th day of January, 2010, between the CITY OF LAKEVILLE
( "City "), whose business address is 20195 Holyoke Avenue, Lakeville, MN 55044, and Zack Ailabouni
( "Contractor "), whose business address is 610 Heritage Way, Farmington, MN 55024.
THE CITY AND CONTRACTOR AGREE AS FOLLOWS:
1. 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.
Executed as of the day and year first written above.
CITY OF LAKEVILLE CONTRACTOR:
Mayor BY:
Attest:
City Clerk
Exhibit A
Zack A ilabouni
Contractor's Services The Contractor agrees to provide services as assigned for Expressions! play
production on the schedule posted in the 2009 -2010 Lakeville Area Arts Center Playbill.
Compensation for Services The City agrees to pay the Contractor from the Expressions! staff
schedule at the completion of the final production.
Director $300.00
Set Designer $150.00
Property Coordinator $100.00
Lighting Coordinator $150.00
Proof of Program Course Description The Contractor agrees to proof and ultimately approve the
final program description by city established deadline dates.
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.)
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.
INSURANCE COMPANY NAME:
(NOT the insurance agent)
POLICY NO. OR SELF - INSURANCE PERMIT NO.:
DATES OF COVERAGE:
-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.
(Sig