HomeMy WebLinkAboutItem 06.fMarch 21, 2011
Proposed Action
Staff recommends adoption of the following motion: Move to recommend approval of
instructor agreements and a performing agreement with the following individuals for the
Lakeville Area Arts Center.
Overview
APPROVAL OF INSTRUCTOR AGREEMENTS AND PERFORMANCE
AGREEMENTS FOR THE LAKEVILLE AREA ARTS CENTER
Instructors
• Erica Magnus
Item No.
Performers
® Simple Gifts and Billy McLaughlin performing two concerts on Saturday,
November 26, 2011
• Travis Ledoyt presenting musical performance of the early career of Elvis
Presley on Saturday, February 4, 2012
Passage of this motion will result in confirming the staff needed to offer classes and
programs advertised in the Park and Recreation brochures.
The Lakeville Area Arts Center offers classes and activities to the public as advertised
in the Lakeville Park and Recreation brochures. Instructors and performers 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:
AGREEMENT FOR SERVICES
PERFORMED BY INDEPENDENT CONTRACTOR
THIS AGREEMENT is made on the 21 day of March, 2011, between the CITY OF LAKEVILLE
( "City "), whose business address is 20195 Holyoke Avenue, Lakeville, MN 55044, and Erica Magnus
( "Contractor "), whose business address is 17274 Idlewood Way, Lakeville, MN 55044.
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.
CITY OF LAKEVILLE CONTRACTOR:
Mayor BY:
Attest:
City Clerk
Executed as of the day and year first written above.
Exhibit A
ERICA MAGNUS
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 $3.50 per student per contact hour
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)
B G G K I N G Ck
PERFORMANCE CONTRACT
1. This is a contract for entertainment services dated March 12, 2011 between Lakeville Area Arts Center hereinafter
referred to as "PURCHASER," and SimpleGifts, hereinafter referred to as "ARTIST."
2. a. Billing: SimpleGifts
b. Performance date: Saturday, November 26, 2011
c. Venue: Lakeville Area Arts Center
d. Venue Address: 20965 Holyoke Ave, Lakeville, MN 55044 Venue Phone 952.985.4640
e. Performance Time: 3:00 & 7:30 Performance /Set Lengthtwo shows; both with two 45 mn sets.
f Load -In: Artists Discretion (anytime after 8:00 am) Sound Check: Artist's discretion
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: 85% of the door.
b. Admission $25 Venue Capacity 300 Gross Potential $15,000
c. Artist will be paid in full no later than Monday, November 28, 2011.
4. In addition to compensation provided for under 3a, PURCHASER will also provide the following:
dinner and bottled water for the band and crew.
5. a. ARTIST is to provide the P.A. system, if Artist, then
Purchaser will need to provide electricity to within 5' of stage.
b. PURCHASER is to provide the stage lighting.
c. ARTIST for sound and Purchaser for lighting 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.
8. 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 Date ARTIST's repres ative Date
Printed name: Tom Bamard Elisa Wright
Company: Lakeville Area Arts Center New Folk Booking
Address: 20195 Holyoke Ave., Lakeville, MN 5217 North 6 °i Street, Minneapolis, MN 55430
Phone: 952.985.4641 507.438.6756
Fax: 952.985.4649 N/A
Email Address tbarnard(a7lakevillemn.gov 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'" Street, Minneapolis, MN 55430
a n n K l N�3 VI
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
will 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.
PAGE 1 OF 3
01. PLACE OF ENGAGEMENT:
02. PHYSICAL ADDRESS:
03. MAILING ADDRESS:
04. BUYER'S NAME:
05. CONTACT EMAIL:
06. CONTACT PHONE NUMBER:
07. DATE OF SHOW:
08. NUMBER OF SHOWS:
09. TIME OF SHOW(S):
10. LENGTH OF SHOW(S):
11. LOAD IN / SOUNDCHECK:
12. OTHER APPEARANCES:
13. COMPENSATION:
14. PAYMENT METHOD:
15. PAYEE:
15. DEPOSIT:
16. BALANCE:
17. RADIUS:
18. TRANSPORTATION:
19. ACCOMMODATIONS:
20. FOOD:
BUYER'S SIGNATURE FOR PAGE 1
T ti VIS LEDO, y . l,_ SHOW
102 Bentree Court — Hendersonville, TN 37075
Phone 615- 714 -3637 - FAX: 615- 369 -8626 - Email: dickmcvev@comcast.net
BOOKING CONTRACT
This contract for the performance services of Travis LeDoyt is made this 14th day of March. 2011 between the Mayor of the City
of Lakeville, Minnesota dba Lakeville Area Arts Center, 20965 Holyoke Avenue, Lakeville, MN 55044 (hereinafter referred to as
"BUYER') and Travis LeDoyt, (hereinafter referred to as "ARTIST" and represented by manager and agent, Dick McVey). This
document supersedes any previous document conceming this engagement.
Buyer hereby agrees to engage Artist and band for the purpose of providing a musical performance depicting the early career of
Elvis Presley in the 1950s and early 1960s for the engagement described below:
Lakeville Area Arts C enter
20965 Holyoke Avenue, Lakeville, MN 55044
Same as above
Mayor of Lakeville, Minnesota
Thomas Barnard, Arts Center Coordinator at tbarnard @ci.lakeville.mn.us
Thomas Barnard, Arts Center Coordinator at 952- 985 -4641
Saturday, February 4, 2012
One
7:30 pm
75 Minutes plus encore (approximately 90 minutes total)
To be determined but at least three hours prior to show time
$6,000 (Six thousand dollars) Flat guarantee
Buyer will make payment in US Dollars in Cash or Company Check
Buyer will make checks payable to "Travis LeDoyt" (Tax ID 016 -70 -0710)
Buyer will make a 51,000 (One thousand dollar) deposit upon receipt of this contract
Deposits are non - refundable only in the case of the Buyer cancelling the performance
Buyer will make a 55,000 (Five thousand dollar) payment before the contracted show
Artist shall not perform at another venue within a 75 mile radius for a period of 30
days prior to or following the contracted date.
Artist will provide transportation
Buyer will provide four rooms for the nights of February 3 and 4, 2012
Buyer will provide two meals on February 4, 2012 for four people OR a $200 (Two
hundred dollar) meal buyout. Buyer will supply bottled water and regular and diet soft
drinks backstage during the sound c k and the performance.
DICK MCVEY SIGNATURE FcIR PAGE 1
PAGE 2 OF 3
21. MERCHANDISE:
22. SOUND:
23. LIGHTING:
24. BACKLINE:
25. RIDER:
26. EQUIPMENT CONSIDERATIONS:
27. DRESSING ROOMS:
28. RECORDING:
29. BILLING:
30. CANCELLATION:
32. ARTIST'S IMAGE:
Artist has the right, but not the obligation, to sell merchandise
If Artist sells merchandise the following will apply: 100% of sales to the Artist.
Buyer will provide a table and chair in a conspicuous location for selling merchandise
and signing autographs.
Buyer will provide an engineer and professional sound system capable of providing 16
inputs from the stage and 4 monitor mixes as per the attached stage plot. In addition
to the live band, Artist will be permitted to use backing tracks to enhance the show.
Buyer will provide a high quality lighting system with follow spot and operator(s).
Artist will provide backline for this event.
The stage plot and tech sheets are attached and are part of this contract.
No other act shall be permitted to use Artist or Artist's band equipment unless prior
arrangements are made.
Buyer shall provide a secure dressing room near the area of the stage area equipped
with rest room, mirror, 4 towels and non - alcoholic beverages including regular and
diet soft drinks and water.
Still photography is permitted however no audio or video recording or transmission is
permitted. Buyer shall advise audience before the show and post a notice of this
policy at each entrance and print it on tickets and /or handbills. The venue is
permitted to record the show for non - commercial promotional use only.
Buyer agrees to adhere to advertising guidelines set forth by Elvis Presley Enterprises
including the use of trademarked names regarding Elvis Presley. Buyer may contact
Elvis Presley Enterprises at 901 - 332 -3322.
This contract for the Artist to perform is subject to proven detention by sickness,
physical impairment, 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 a casino,
theme park or theater. In the event of a cancellation Artist agrees to perform another
date mutually agreed upon between Artist and Buyer.
31. COMPLIMENTARY TICKETS: Artist shall be entitled to 10 (ten) complimentary tickets to the contracted show.
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 may inhibit sales of
the Artist's photographs is prohibited. Artist's image may be used for advertising in
any other way.
BUYER'S SIGNATURE FOR PAGE 2 DICK MCVEY SIGNA RE F
R PAGE 2
PAGE 3 OF 3
33. INDEPENDENT CONTRACTOR:
34. REASONABLE ACCESS:
35. LEGAL VENUE:
36. BREACH OF CONTRACT:
37. INSURANCE INDEMNIFICATION:
IN WITNESS WHEREOF, the parties hereunto set their names.
BUYER'S PRINTED NAME
For the purpose of this contract, Artist shall be considered an independent contractor,
and not an employee. This contract shall not constitute a partnership between Artist
and Buyer.
Artist and Dick McVey shall have reasonable access to the place of engagement for the
purpose of doing business with the Buyer. Restricted areas of the venue do not apply.
This contract cannot be assigned or transferred without the written consent of the
Artist.
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 obligation to perform and shall
be entitled to the full compensation set forth in this contract.
Artist shall indemnify and hold harmless The City Of Lakeville, Minnesota, it's officers,
employees and agents, including any of its entities, from and against any claims, suits,
actions, judgments, costs, demands, loss damage, and any other expense whatsoever,
including attorney fees and costs, relating to bodily injury or death of any person or
damage to tangible personal property incurred in activities arising out of this contract
or any of Artist's activities in the ordinary course of business, to the extent proximately
caused by the negligent or willful acts or omissions of the Artist their employees or
agents in the performance of such activities. Any insurance required will be provided
by Buyer.
38. ADDENDUMS: N/A
This contract is not valid if not signed and returned with the deposit within 30 days of its issue date.
IN WITNESS WHEREOF, the parties hereunto set their names.
This contract is not valid if not signed on all three pages and returned with the deposit within 30 days of its issue date.
D
K MCVEY
BUYER'S SIGNATURE FOR PAGE 3 DICK MCVEY SIGNA
IL Jv
�1RE FO
PAGE 3
TRAVIS LEDOYT SHOW
2010 Sound / Light Crew Information Sheet
For more information contact Dick McVey at 615- 714 -3637 (Cell)
PLEASE TAKE THE TIME TO READ OVER THIS SO THERE IS NO CONFUSION — QUESTIONS? CALL ME ASAP!
Input list:
01 -Kick drum - Mic
02 - Snare drum - Mic
03 - Hi -Hat - Mic
04 - Tom 1 (Rack) - Mic
05 - Tom 2 - (Floor) - Mic
06 - Drum Overhead Left - Mic
07 - Drum Overhead Right - Mic
08 Bass Guitar - Direct Box
09 - Lead Guitar - Mic
10 - Backing tracks - Direct Box (mono send from IPOD) 'A"
11 - Vocal Mic 1 (Lead Vocal - Wireless mic)
12 Vocal Mic 2 (Electric guitar vocal)
13 - Vocal Mic 3 (Backup to wireless on side of stage)
14 - Grand Piano (if available) Mic 1 (Left)
15 - Grand Piano (if available) Mic 2 (Right)
Four monitor mixes:
TRAVIS LEDOYT SHOW
2010 Sound / Light Crew Information Sheet
For more information contact Dick McVey at 615 -714 -3637 (Cell)
PLEASE TAKE THE TIME TO READ OVER THIS SO THERE IS NO CONFUSION — OUESTIONS? CALL ME ASAP!
Three vocal mics:
Mic 1 — You provide wireless mic so Travis can go into audience (need backup mic on side of stage)
Mic 2 — You provide hard -wired Shure SM 58 or equivalent vocal mic in front of electric guitar setup
Instrument mics:
Mic 1 — Shure SM -57 or equivalent to mic guitar amp
Mies 2 — 8 - Typical drum kit mics (1 kick, 1 hi -hat, 1 snare, 1 rack tom, I floor tom, 2 overheads)
Four mic stands:
Mie Stand 1 — Straight stand with round bottom at center stage front - (Please, no boom or tripod stand)
Mic Stand 2 — Boom stand in front of electric guitar setup (Hard wired or wireless Shure SM -58)
Mic Stand 3 — Straight stand near high hat for drummer to attach small mixing box — no mic clip or boom needed
Mic Stand 4 — Boom stand at the Grand Piano Of Grand Piano option is available)
Two direct boxes: Passive direct box placed near the bass rig for bass guitar and one near the hi -hat side of the drums for track send.
Drum shield: Wrap around plexi -glass shield
Drum riser with carpet:
Backing tracks: Will be sending backing tracks via one mono 'A" cable from an IPOD operated by the drummer.
Eight AC inputs: Four inputs between bass rig and drums and four inputs behind guitar rig
Mix 1- (TRAVIS) two wedges placed at center stage front and side fills if available -One wedge at Grand Piano if the
Grand Piano option is available
He may use Shure PSM 600 in ears system depending on his ability to hear stage monitors
Mix 2 —One wedge placed in front of guitar rig — monitor should be aligned with front of drum riser to allow the full front of
stage for Travis to move the full width of the stage
Mix 3 — One wedge placed in front of bass rig — monitor should be aligned with front of drum riser to allow the full front of
stage for Travis to move the full width of the stage
Mix 4 —No wedge - drummer uses his own sub -mixer with headphones — monitor mix send needs to be XLR "unpowered"
monitor send to the input for his mix
Monitor Mix Distribution:
Mix 1 — Vocal as hot as possible / Moderate level of backing tracks only. 14o bass guitar, electric guitar or drums in this mix.
Mix 2 — Electric guitar monitor — Needs lead vocal and his vocal / Moderate level of backing tracks / heavy guitar / light kick
drum / moderate bass
Mix 3 — Bass guitar monitor — Needs Lead vocal / Moderate level of backing tracks / moderate guitar / heavy kick drum /
moderate bass guitar
Mix 4 — Drum monitor — Needs lead vocal / Moderate level of backing tracks / moderate bass / moderate guitar
Lighting: This is a re- creation of a show in the 50s so moving lighting should be kept minimal
Medium wash on entire stage with color and brightness changes for mood
Spotlight should remain on Travis at all times — he is doing dance moves during solos. We prefer the spotlight angle from
overhead rather than directly from stage level.
When Travis is in the audience please bring the house lights up — use of the spotlight when he is in the audience should
be discretionary with regard to having the light in the eyes of audience members
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