7.1 Smoky Hill River Festival Sound Provider AgreementCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
04/18/2016 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL A P VAL:
NO: 7
ARTS & HUMANITIES BY:
FINAL APP
[TEM OVAL:
NO: 1
Page 1 BY: Brad Anderson
ITEM: Resolution No. 16-7343
Resolution No. 16-7343 authorizing the Mayor to execute a sound provider agreement for the Smoky
Hill River Festival.
BACKGROUND:
The Smoky Hill River Festival utilizes professional sound equipment and technicians at three stages.
The Eric Stein Stage, Stage Ii, and Arty's Stage have a wide variety of music provided by musicians
with national and international reputations. The equipment required for these stages and professional
operators of the system requires a high level of competency and is essential for a quality experience
for both the audience and the musicians.
In early March, Salina Arts & Humanities mailed 14 RFQIRFP packets to professionals in six states in
the central United States. The packages included a narrative description of the festival, a scope and
description of power specifications and equipment, the selection panel scoring guide, a timeline for
the process, a festival program, and a listing of required documents for the review process.
Two responses were received and reviewed by a committee consisting of staff, a stage management
and entertainment committee representative, and a sound professional. A weighted scoring guide
was used that measured five areas to rank the applicants. The scoring guide included areas such as:
1) Previous experience at similar events; 2) Quality of work based on provided references;
3) Experience working with diverse arts events; 4) Professional experience of staff; 5)
Mechanical/Equipment requirements.
DPG Productions from Wichita, KS provided a bid for $23,899.01 (the actual bid was for $28,899.01
and included a $5000 in-kind sponsorship offer) compared to the bid from Hooper Sound
Productions, Norman, OK for $29,450 making a difference of $5,551. DPG did not provide requested
details on per stage pricing, and suggested fewer sound engineers overall which resulted in a lower
overall bid. The review committee felt DPG did not have a comparable level of demonstrated sound
experience at outdoor events. The Wichita company had numerous professional arena sound events,
but lacked any demonstrated experience for festivals of similar size and complexity to Salina and no
references from outdoor music events. Both the staff and the committee felt that Hooper Sound
provided a more complete package with necessary personnel at each of the stages. They also
provided numerous references for similar work at outdoor events like the River Festival.
After reviewing the information and the proposed budgets provided, Hooper Sound was determined
best meet all the sound support specific to the Festival's needs. Hooper provided details about each
sound engineer and other support staff, they supplied excellent references from numerous outdoor
arts and sporting events, and have 13 years of experience providing exceptional service and sound
for the Smoky Hill River Festival. Their bid reflects a modest increase over last year's contract, but
also includes providing additional sound equipment and an engineer for Arty's Stage. (In previous
vears this stage was handled through contracted employees of the city on a art -time seasonal
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
04/18/2016 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: 7 BY:
ARTS & HUMANITIES
FINAL APPROVAL:
ITEM
NO: 1
Page 2 BY: Brad Anderson BY:
basis.)
If approved, this would be the first year of a three year negotiable agreement with Hooper Sound.
Due to the complexity of scheduling, entertainment booking, and preparing for entertainment backline
requirements, both quality and continuity can be maintained from year to year with this type of
agreement. The attached contract outlines the terms and conditions of the proposed agreement with
Hooper Sound.
FISCAL NOTE:
The funds for this contract are budgeted as a technical expense of the Smoky Hill River Festival and
are within the estimated amounts projected for this service. Additional amounts for hotel
accommodations and fuel expense are also covered in a separate billing/invoice as outlined in the
contract documents and are also budgeted expenses.
CONFORMANCE WITH THE STRATEGIC PLAN:
The City will provide the highest quality of services, consistent with governing body directions,
available resources and staff commitment to quality.
RECOMMENDED ACTION:
1. Approve Resolution No. 16-7343 authorizing the contract for sound services with Hooper
Sound Production Services, Inc.
2. Approve Resolution No. 16-7343 authorizing the contract for sound services with Hooper
Sound Production Services Inc. with City Commission recommendations.
3. Reject the contract with Hooper Sound Production Services Inc. and provide staff with further
direction.
,� SMOKY MIL Lr RIVERr[5TIVAL
June 9-12, 2016 • Oakdale Park, S F.- ii, -1
AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS
and Hooper Sound Production Services, Inc.
for
Sound/Light Production is support for the 2016 Smoky Hill River Festival
This Agreement is entered into on the latest date of execution shown on the signature page by and between the City
of Salina, Kansas, (the "City") and Hooper Sound Production Services, Inc, a sound production provider (the
"Contractor").
Recitals
A. The City desires to contract for sound/light production services for the purpose of amplification and
lighting at the Eric Stein Stage and Stage Ii, and Arty's Stage of the Smoky Hill River Festival on June 9, 10, 11,
and 12, 2016 in compliance with federal, state, and local regulations.
B. The Contractor has the requisite qualifications and experience to perform the services needed by the City
and desires to perform those services pursuant to the terms of this Agreement.
The parties, in consideration of the mutual promises set forth in this Agreement, agree and covenant:
1. Definitions. Capitalized words used in this Agreement shall have the following meanings:
"Agreement" means this Agreement for light/sound production services, as amended and supplemented
from time to time.
"City" means the City of Salina, Kansas.
"Contractor" means Hooper Sound Production Services, LLC and its successors.
2. Exhibits. The following Exhibits are attached to and made a part of this Agreement (Mark with "X" if
applicable):
Exhibit A: Responsibilities of the Parties
Exhibit B: Term; Schedule
Exhibit C: Basis of Payment
Exhibit D: Insurance Requirements
3. Responsibilities of the Parties. The parties agree to perform the responsibilities outlined in the attached
and incorporated Exhibit A.
4. Term-, Schedule. The Contractor agrees to perform its responsibilities during the term and according to
the timeframe and schedule described in Exhibit B, subject to the potential for prior termination pursuant to the
terms of this Agreement.
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5. Payment. The City shall pay the Contractor for the performance of its responsibilities pursuant to this
Agreement as set forth in Exhibit C.
6. Insurance Reguirements.
6.1. Types and Amount of Coverage_ The Contractor agrees to obtain insurance coverage as specified
in Exhibit D, attached hereto, and shall not make any material modification or change from these specifications
without the prior approval of the City. If the Contractor subcontracts any of its obligations under this Agreement,
the Contractor shall require each such subcontractor to obtain insurance coverage as specified in Exhibit D. Failure
of the Contractor or its subcontractors to comply with these requirements shall not be construed as a waiver of these
requirements or provisions and shall not relieve the Contractor of liability.
6.2. Rating. All insurance policies shall be issued by insurance companies rated no less than A- VII in
the most recent `Bests" insurance guide, and admitted in the State of Kansas. Except as otherwise specified in
Exhibit D, all such policies shall be in such form and contain such provisions as are generally considered standard
for the type of insurance involved.
6.3. Certificate of Insurance. The parties acknowledge that the Contractor has provided the City with a
certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance
requirements in this Agreement. The City reserves the right to require complete certified copies of all insurance
policies procured by the Contractor pursuant to this Agreement, including any and all endorsements affecting the
coverage required hereunder.
7. Iniury to Persons or Damage to Proi)erty. The Contractor acknowledges responsibility for any injury to
person(s) or damage to property caused by its employees or agents in the performance of its duties under this
Agreement and shall immediately notify the City's Risk Management Department at (785) 309-5705 in the event of
such injury to person(s) or damage to property.
8. Indemnification. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold
harmless the City, its agents, representatives, officers, officials and employees from and against all claims, damages,
losses and expenses (including but not limited to attorney fees and court costs) attributable to bodily injury, sickness,
disease, death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, to the
extent that such claims, damages, losses, and expenses relate to, arise out of, or are alleged to have resulted from the
wrongful acts, negligent acts, errors, omissions, or defective work or services of the Contractor, its employees,
agents, or any tier of subcontractors in the performance of this Agreement.
9. Voluntary Termination. Either party may terminate this Agreement, with or without cause, upon thirty
(30) days advance written notice to the other party. In the event of such termination, the Contractor shall be
compensated for such services as have been satisfactorily performed through the date of termination, but no
compensation shall be earned after the effective date of the termination. Within five (5) days of any such termination, all
finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material
prepared by the Contractor pursuant to this Agreement shall be delivered to the City. Notwithstanding the above, the
Contractor shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of
this Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purposes of set-off
until such time as the exact amount of damages due the City from the Contractor may be determined.
10. Default. If either party fails to comply with any term of this Agreement within ten (10) days after written
notice to comply has been mailed by the non -defaulting party to the defaulting party, such failure shall be deemed an
immediate breach of this Agreement ("Event of Default").
11. Remedies. Upon the occurrence of an Event of Default, the non -defaulting party shall have the following
rights and remedies, in addition to any other rights and remedies provided under this Agreement or by law:
11.1 Termination. The non -defaulting party shall have the right to terminate this Agreement or
terminate the defaulting party's rights under this Agreement.
11.2 Other Remedies. The non -defaulting party may pursue any available remedy at law or in equity
(including specific performance) by suit, action, mandamus or other proceeding to enforce and compel the
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performance of the duties and obligations set forth in this Agreement, to enforce or preserve any other rights or
interests of the non -defaulting party under this Agreement or otherwise existing at law or in equity and to recover
any damages incurred by the non -defaulting party resulting from such Event of Default.
12. Non-Assismable. Due to the unique qualifications and capabilities of the Contractor, neither the rights nor
responsibilities provided for under this Agreement shall be assignable by either party, either in whole or in part.
13. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and
delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized,
prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the
date appearing on the return receipt, but if the receipt is not returned within five (5) days, then three (3) days after
mailed, if sent by registered or certified mail or commercial courier service; or the next business day, if sent by
overnight air courier service. Notices shall be addressed as appears below for each party, provided that if any party
gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in
that notice.
CITY: City Clerk
Attn: Shandi Wicks
P.O. Box 736
Salina, KS 67402-0736
CONTRACTOR:
Jerry Hooper, Hooper Sound Production Services, Inc.
951 Valley View
Norman, Oklahoma 73069
405.759.7386
14. Retention and Inspection of Records. The Contractor shall maintain complete, accurate, and clearly
identifiable records with respect to all costs and expenses incurred under this Agreement. The records shall be
maintained during the term of this Agreement, and for a period of three (3) years from the date of final payment
under this Agreement (the "Retention Period"); provided, however, that if any litigation, claim or audit is
commenced prior to the expiration of the Retention Period, then the Retention Period shall be extended until all
litigation, claims or audit findings have been completely terminated or resolved, without right of further appeal.
During the Retention Period, the Contractor shall allow a representative of the City during normal business hours to
examine, audit, and make transcripts or copies of such records and any other documents created pursuant to, or
arising under, this Agreement. The City agrees to responsibly utilize all information obtained pursuant to this
paragraph for the purposes of reviewing, confirming, and verifying the nature and amount of all costs and expenses
incurred under this Agreement. The City agrees to take reasonable precautions not to disclose such information
outside the scope of those stated purposes, subject to the Kansas open records act or other applicable law.
15. Non -appropriation. The City is subject to Kansas budget and cash basis laws, and operates on a calendar
fiscal year. In the event that this Agreement involves financial obligations spanning multiple fiscal years for the
City, it is subject to annual appropriation by the City's governing body for future fiscal years. If the City's
governing body does not appropriate the funds necessary to fulfill the City's financial obligations pursuant to this
Agreement, the City shall so notify the other parties to this Agreement and this Agreement shall be null and void for
purposes of the fiscal year(s) affected by the decision of the governing body not to appropriate.
16. Relationship. It is expressly understood that Contractor in performing services under this Agreement, does
so as an independent contractor. The City shall neither have nor exercise any control or direction over the methods
by which Contractor performs its responsibilities as outlined in Exhibit A. The sole interest and responsibility of the
City is to see that the services covered by this Agreement are performed and rendered in a competent, efficient, and
satisfactory manner. Contractor shall be exclusively responsible for all taxes, withholding payments, employment -
based benefits, deferred compensation plans, including but not limited to its workers compensation and social
security obligations, and the filing of all necessary documents, forms, or returns pertinent to the foregoing.
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17. Subcontracting. Contractor shall not subcontract any work or services under this Agreement without the
City's prior written consent.
18. Compliance with Applicable Law.
Contractor shall comply with all applicable federal, state, and local law in the performance of this Agreement.
19. EaualOnportunity.
(a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Contractor
and its subcontractors, if any, agree that:
(1) The Contractor shall observe the provisions of the Kansas act against discrimination and Chapter 13 of
the Salina Code and in doing so shall not discriminate against any person in the performance of work
under this Agreement because of race, sex, religion, age, color, national origin, ancestry or disability,
(2) The Contractor shall include in all solicitations, or advertisements for employees, the phrase "equal
opportunity employer," or a similar phrase to be approved by the City's human relations director;
(3) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human
rights commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, the
Contractor shall be deemed to have breached this Agreement and it may be canceled, terminated or
suspended, in whole or in part, by the City;
(4) If the Contractor is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against
discrimination under a decision or order of the Salina human relations commission or the Kansas human
rights commission which has become final, the Contractor shall be deemed to have breached this
Agreement and it may be canceled, terminated or suspended, in whole or in part, by the City;
(5) The Contractor shall not discriminate against any employee or applicant for employment in the
performance of this Agreement because of race, sex, religion, age, color, national origin, ancestry or
disability; and
(b) The Contractor shall include similar provisions in any subcontract under this Agreement.
(b) The provisions of this section shall not apply to this Agreement if the Contractor:
(1) Employs fewer than four employees during the term of this Agreement; or
(2) Contracts with the City for cumulatively $5,000 or less during the City's calendar fiscal year.
20. Administration of AUeement. All references in this Agreement requiring the City's participation or
approval shall mean the participation or approval of the City Manager or his designee, unless otherwise provided herein.
21. Attorney Fees. If any suit or action is instituted by either party hereunder, including all appeals, the prevailing
party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non -prevailing
party, in addition to any other amounts to which it may be entitled.
22. Right to Independent Legal Advice. The Contractor understands and acknowledges the right to have this
Agreement reviewed by legal counsel of the Contractor's choice.
23. Applicable Law: Venue. This Agreement and its validity, construction and performance shall be governed
by the laws of Kansas. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive
venue shall be in the Saline County, Kansas District Court.
24. Interpretation. This Agreement shall be interpreted according to its fair meaning, and not in favor of or
against any ply.
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25. Time. Time is of the essence of this Agreement. No extension will be granted unless in writing and signed by
the parties. Should the end of a time period fall on a legal holiday that termination time shall extend to 5:00 p.m. of the
next full business day.
26. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render
the other provisions unenforceable, invalid, or illegal.
27. Authority and Consent to Transaction. Each party represents to the other that the person executing this
Agreement has full and legal authority to bind such party to the terms of this Agreement, and that the execution and
delivery of this Agreement have been duly and validly authorized by the governing body of each party.
28. Persons Bound. This Agreement shall extend to and bind the heirs, executors, administrators, trustees,
successors and authorized assigns of the parties hereto.
29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, or in multiple originals, and all such counterparts or originals shall for all purposes constitute one
agreement.
30. Amendments. Neither this Agreement nor any of its terms may be changed or modified, waived, or terminated
except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of
the change, waiver, or termination is sought.
31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement,
or to exercise any right or remedy consequent to a breach thereof, shall constitute a waiver of any breach or any
subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this
Agreement, but each and every term of this Agreement shall continue in full force and effect with respect to any other
then existing or subsequent breach thereof.
32. Conflict Resolution. No interpretation of this Agreement shall be allowed to find the City has agreed to
binding arbitration.
33. No Third Party Beneficiaries. Solely the parties to this Agreement shall have rights and may make claims
under this Agreement. There are no intended third party beneficiaries under this Agreement, and no third parties shall
have any rights or make any claims hereunder.
34. Typewritten or Handwritten Provisions. Typewritten or handwritten provisions inserted or attached, and
initialed by all parties, shall supersede all conflicting printed provisions.
35. Feminine -Masculine, Singular -Plural. Wherever used, singular shall include the plural, plural the singular,
and use of any gender shall include all genders.
36. Headings. The headings of the sections of this Agreement are included for the purposes of convenience
only and shall not affect the interpretation of any provision hereof.
37. Merger Clause. These terms are intended by the parties as a complete, conclusive and final expression of all
the conditions of their Agreement. No other promises, statements, warranties, agreements or understandings, oral or
written, made before or at the signing thereof, shall be binding unless in writing and signed by all parties and attached
hereto.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized
representatives.
CITY OF SALINA., KANSAS
By:
Attest:
Form:
Jon R. Blanchard, Mayor
Shandi Wicks, CMC, City Clerk
Greg A. Bengtson, City Attorney
CONTRACTOR
By:
Jerry Hooper
Hooper Sound Production Services, Inc.
Date: April 18, 2016
EXHIBIT A
RESPONSIBILITIES OF THE PARTIES
1. Contractor hereby agrees to provide all the sound and lighting equipment specified in
Exhibit "E"(Equipment List) attached hereto and made a part of this Agreement. Contractor
warrants that the equipment listed in Exhibit "E" is in good working order.
2. Contractor will provide g qualified personnel to insure the proper operation of all
equipment provided for in this Agreement.
3. Contractor will provide consultation to Festival Coordinator and Stage Managers during all
stages of the festival preparation period including review and advance of contracted
performer's technical riders.
4. Buyer will provide at their expense, a minimum of (4) stage hands for the load -in and load -
out of contracted equipment listed in Exhibit "E". Stage hands must be healthy, able-bodied
persons capable of lifting large and heavy items such as speakers, amplifiers, cables, truss,
etc. Stage hands will be under the direct supervision of Hooper Sound Production Services
staff and will work according to safe work practices.
5. Buyer shall provide the electrical power necessary for Contractor to power the lighting and
sound systems. The Contractor's electrical requirements are listed in Exhibit "F" attached
hereto.
6. Buyer shall provide adequate security to protect the Contractor's equipment and personnel
during the term of this Agreement; including, but not limited to, overnight hours.
7. Buyer will provide adequate access immediately adjacent to the stage areas for the loading
and unloading of equipment and parking/vehicle access permits to the Contractor and his
designated vehicles. Parking shall be reserved for any vehicle the Contractor may need in
the performance of his duties hereunder.
8. Buyer shall provide (A) clean (not smoked in) Non -Smoking hotel rooms; each with (2}
beds. Check in on June 9, 2016 — Check out on June 12, 2016.
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9. This Agreement is for service rendered rain or shine. Contractor or Buyer has the right to
interrupt the Contractor's performance of his duties hereunder in the event of inclement
weather or any other conditions which Contractor or Buyer regard as hazardous to any
person or persons. Any such interruption, postponement of cancellation of services shall not
affect the Contractor's compensation specified herein.
Additional Terms and Conditions:
1. Pricing is based upon the listed equipment and personnel requirements and may be
amended depending on special equipment needs, artist requirements, and other events and
contingencies:
2. Should any portion of this Agreement prove to be invalid, illegal or unenforceable, it shall
not affect the balance of the Agreement.
3. Should any litigation arise between the parties hereto regarding the performance of this
Agreement, the prevailing party shall be compensated for whatever damages are awarded,
plus reasonable attorney's fees by the other party.
4. This Agreement is the complete understanding between the parties and supersedes and
replaces all previous agreements or representations both written and oral.
FMA
EXHIBIT B
TERM; SCHEDULE
1. The Contractor shall have the equipment provided for in Exhibit "E" set up and ready to
operate at:
Eric Stein Stage LOakdale Park Salina, KS by 5:00 .m. on June 9 2016
Stage II Oakdale Park Salina, KS by 9:00 a.m. on June 10 2016
's Sj@ge Oakdale Park SahmKS by 9:00a.m. on June 10, 2016
For: Smoky Hill River Festival 2016, as per Festival schedule from June 9-12, 2016
2. Load -in may commence at: Eric Stein Stage, 9:00 am. on June 9 2016
Stage II and 's Stage when available or 3:00 p.m. on June 9 2016.
3. Power must be in place and of the specification in Exhibit "F" by:
9:30 a.m. June 9. 2016 for Eric Stein Stage
4.00 p.m. June 9 2016 for Sta a II and Arty's Stage
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EXHIBIT C
BASIS OF PAYMENT
1. Compensation: Buyer shall pay to Contractor the amount of $18.500.00 for the Eric
Stein Stage lighting and sound production and $7,725.00_ for Stage II sound production,
and $3,325.00 for Arty's Stage for a total compensation of $29, 450.
2. Payment: Deposit of $7362.50 with executed contract
Balance of $22,087.50 upon completion, June 12, 2016.
3. Invoices: Buyer will reimburse to Contractor the fuel costs for transportation of
equipment and personnel from actual fuel receipts submitted by Contractor.
EXHIBIT D
INSURANCE REQUIREMENTS
Pursuant to Section 6 of the Agreement, the Contractor shall obtain, pay for, and maintain —
and shall require each of its authorized subcontractors to obtain and maintain — for the duration of
the Agreement, policies of insurance meeting the following requirements.-
1.
equirements:
1. General R uirements.
A. Additional Insured. With the exception of the workers' compensation and
professional liability policies to be obtained by the Contractor hereunder, all policies shall name
the City of Salina ("City"), its agents, representatives, officers, officials, and employees as
additional insured(s). Insurance for the additional insured shall extend to Products/Completed
Operations and be as broad as the insurance for the named insured, including defense expense
coverage, and, with respect to the commercial general liability policy required hereunder, shall
be endorsed to apply as primary and non-contributory insurance before any other insurance or
self-insurance, including any deductible, maintained by, or provided to, the additional insured(s).
B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver
of subrogation in favor of the City, its agents, representatives, officers, officials, and employees.
C. Claims Made Policies. If coverage is written on a claims -made basis for any of
the policies required by this Agreement, the Contractor must maintain the coverage for a
minimum of two (2) years from the date of final completion of all work under the Agreement.
D. Premium and Deductible Expenses. The Contractor shall be responsible for all
premiums and retention or deductible expense for any and all policies required by this
Agreement.
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2. Specific Covera e R uirements.
A. Commercial General Liability MGL"). The Contractor shall maintain CGL
coverage written on ISO Occurrence form CG00 01 or an industry equivalent, which shall cover
liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations,
Products and Completed Operations, Contractual Liability, Independent Contractors and
Advertising Injury. The policy limits shall not be less than the following:
• Each occurrence $1,000,000
• General aggregate $2,000,000
• Personal and Advertising Liability $1,000,000
The policy shall contain an endorsement that modifies the general aggregate to apply separately
to each project. The Contractor shall maintain the Products and Completed Operations liability
coverage for a period of at least two (2) years after completion of all work under the Contract.
B. Business Automobile Liabili ("BAL"), The Contractor shall maintain BAL
coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable
to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired,
rented or used by the Contractor and include automobiles not owned by but used on behalf of the
Contractor. The BAL policy limits shall not be less than the following:
• Combined single limit $1,000,000
C. Workers' Com ensation/Em to er's Liability. The Contractor shall maintain
workers' compensation and employer's liability coverage with policy limits not less than the
following:
• Workers' Compensation (Coverage Part A)
o Statutory
• Employer's Liability (Coverage Part B)
o $100,000 each accident
o $500,000 disease — policy limit
o $100,000 disease — each employee
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EXHIBIT E
EQUIPMENT, LIGHTING, AND POWER SPECIFICATIONS
Schedule I - Equipment List
ERIC STEIN STAGE - $18,500.00
Sound System to include:
1. 1- Yamaha CL5 Digital FOH Mixing Console (EQ's, Comp/Gates, FX Built In)
2. 2 - Yamaha R103224D Remote Digital Stage Boxes w/ Dante Transport
3. 1- Audio Snake 48 x 8 x 300' + Transformer Isolated Split
4. 24- QSC Wideline 8 Line Array Speakers + Fly Grids
5. 6- Danley TH115 15" Horn Load Subwoofers
6. 3 - QSC I-282 Front Fill Speakers
7. 2 - Mains Amp Racks w/ Basis Speaker Mgt. Controllers (28,000 watts ea.)
8. 1- Midas PRO 2-64 Digital Monitor Console (EQ's, Comp/Gates, FX Built In)
9. 1 -Midas DL251 48x16 Remote Digital Stage Boxw/HyperMAC trasport
10. 10 -1000 watt Bi -Amp Monitor Speakers
11.2 - 4 Mix Monitor Amp Racks (1000 watts ea. mix)
12. 1- Drum Mix Monitor Amp Rack
13. 1- Drum/Bass Monitor System (2 - EAW JF200e Tops & 2 - EAW SB250 Subs)
14.2 - DTH -4215 Side Fill Speakers
15. 1- Microphones, DI's, Cables, Stands Pkg.
16. 1 - Single Channel Comm System
17. 1 - A/C Power Distribution + Feeder Cable
18.2 - Audio Engineers
Lighting system to include:
1.48' 20" Box Truss w/ 60K Par LED Lighting equivalent
2. 1- DMX Lighting Console
3. 1- Cables, Gels, Frames Pkg.
4.2-1 ton Chain Motors + Rigging Hardware
5. 1- A/C Distro + Feeder Cable
6. 1- Rigger/Lighting Engineer
STAGE H - $7,725.00
Sound System to include:
1. 1 - Yamaha LS9-32 Digital FOH Mixing Console (EQ's, Comp/Gates, FX Built In)
2. 1- Audio Snake 24 x 8 x 150' + Split
3.4 - TurboSound TQ440 12" 3 way Mains Speakers
4.2 - Danley TH115 15" Subwoofer Speakers
5. 1 - Mains Amp Rack w/ Basis Speaker Mgt. System (12,000 watts)
6. 1 - Yamaha LS9-32 Digital MON Mixing Console (EQ's, Comp/Gates, FX Built In)
7.6 - QSC 1HPRl22i 12" Powered Monitors
8. 1- QSC KW181 18" Powered Sub Woofer
9. 1- Microphones, DI's, Cables, Stands Pkg.
10. 1 Single Channel Cam System
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11. 1 - A/C Power Distribution + Feeder Cable
12.2 — Audio Engineers
Arty's Stage- $3225.00
Sound System to include:
1. 1— Presonus SR24-4-2 Digital FOH Mixing console (EQ's, Comp/Gates, FX Built In)
2. 1- Audio Snake 24 x 8 x 150'
3. 2- QSC K12 12" Powered Speakers w/ Stands
4. 2- QSC KW18118" powered Sub Woofers
5. 5.6 -Turbo Sound TXD-12M 12" Monitor Speakers
6. 1- 4 Mix Monitor Amp Rack (600 watts ea. mix)
7. 1- Microphones, DI's, Cables, Stand Pkg.
8. 1- Audio Engineer
Schedule H
Electrical Requirements
Eric Stein Stage Power Requirements:
1. Minimum 100 amp 240V Single Phase or 208V 3 -Phase for Sound System Power
(Contractor provides #214 SO Tails)
2. Minimum 200 amp 208V 3 Phase for Lighting System Power
(Contractor provides #00/5 SO Tails)
Stage II Power Requirements:
1. Minimum 50 amp 240V Single Phase Service run to stage w/ NEMA 14-50
125/250v Receptacle.
Arty's Stage Power Requirements:
1. Minimum of 2 - 120 Volt separate circuits with 30 amp breakers on each.
Additional Comments: This proposal includes:
❑ Consultation to Festival Coordinator and Stage Manager during all stages of the Festival preparation
period including review and advance of contracted performer's technical riders.
❑ All labor costs for Hooper Sound staff including per diems.
❑ All transportation costs of equipment and personnel excluding cost of fuel to be reimbursed from fuel
receipts submitted by Hooper Sound.
E-5
DATE (IMMIDDIYYYY)
k CERTIFICATE OF LIABILITY INSURANCE 3/30/2016
THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH18
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. must be endorsed, tf SUBROC3ATI[3N IS WAiVIE?D, subject to
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,
t ehe ndolraement. A statement on this certificate does not confer rights to the
the terms and Conditions of the policy, certain policies may req
kMA— In Ha,I of e:uGh andersemahtls). _.....
PRODUCER
Insurance Solutions by Irwin Agency Ino.
712 Wall Street
Norman-, OK 73069
INSURED
Hooper Sound Production Se:rvicesr Inc.
961 valley View Rd
a Lisa Buckner
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(405)364 - - -
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Norman OK 73069 "SUP F
COVERAGES C1wR`CIFICATE NUMBER:11 15-16 REVISION NUMBER.
ER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. __ -_ _ _ ___ - • -
IOL .EFF PDLiCl ERP
LIMITS
eX !COMMERCIAL GENERAL LIABIUTY
CLAIMS -MADE i X OCCUR
Z[ Y yg»65176 00
X I POLICYEGATE LIMIT � PFR T APP_ LIEBLOC'
AUTOMOBILE LIABILITY
BX 1 ANY AUTO
I t ALL OWNED SCHEDULED 3auIEcAV4016
AUTOS AUTOS
NON -OWNED
- I HIRED AUTOS AUTOS
UMBRELLA UAB I OCCUR
EXCESS LEAK CLAIMS
AND EMPLOYERS' LIABILITY Y N 1
ANY PROPRIETOWPARTNERIEXECUT:VE 'jINIA
C i e6 damry In NH] EXCLUDED? �J 103036941-16-1
GENERAL AGOPSGATE. S e__._ -. i
pRMUCrS-COMPIOPAGG 5 2,000,000
S
$ 1,000,000
E BODILY INJURY (Per pere0n) $
4/1/2016 4/1/2017 BOAILYINJURY (Per eceidenq $ --
4/2/2016 1 4/1/2017
EACH OCGURRI:NCE -
AGGREGATE
E,L. EACH ACCIDENT_
E L DI$EA - EA W
E L DISEASE POLICY
I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addldensl Remarks Schedule, MY ue attached if more space is required)
Additional Insured form attached
Waiver of Subrogation form attached
s i,9-0-01o0a
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City o£ Salina Kansas THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
211 W iron
PO BOX 2181 AUT mioniz D REPRESPNTATIVE
Salina, KS 67402 a»
Jim Irwin/HAILEY
®1g813-2014 ACORD CORPORATION. All rights reserved,
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
INS025 (2.014011
EACH. OCCURRENCE
3
1,000,000
_
OlImt R TEO
100,0.00
PIiE,MISni� W41X 1_
_
5/15/2015
5/15/2016
MED EXP' ww. n)
$.._ - ,
5,000
PERStlNALAADVINJURY i
i •,
1,000000
2 000 000
GENERAL AGOPSGATE. S e__._ -. i
pRMUCrS-COMPIOPAGG 5 2,000,000
S
$ 1,000,000
E BODILY INJURY (Per pere0n) $
4/1/2016 4/1/2017 BOAILYINJURY (Per eceidenq $ --
4/2/2016 1 4/1/2017
EACH OCGURRI:NCE -
AGGREGATE
E,L. EACH ACCIDENT_
E L DI$EA - EA W
E L DISEASE POLICY
I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addldensl Remarks Schedule, MY ue attached if more space is required)
Additional Insured form attached
Waiver of Subrogation form attached
s i,9-0-01o0a
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City o£ Salina Kansas THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
211 W iron
PO BOX 2181 AUT mioniz D REPRESPNTATIVE
Salina, KS 67402 a»
Jim Irwin/HAILEY
®1g813-2014 ACORD CORPORATION. All rights reserved,
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
INS025 (2.014011
POLICY NUMBER. E. _„ , °,IC;
COMMERCIAL GENERAL LIABILITY
CG 2010 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS -SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Or anization s Locations Of Covered Opt
City of Slina, its agents, representatives, officers, 861 Valley View Rd, Norman, OK 73069
officials and employees
211 W. Iron
PO Box 2181
Salina, KS 67402
to complete this Scheduli; if not shown above will be shown in the
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property
dame" or "personal and advertising Injury"
paused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts ar omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However.
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional Insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, . including materials, parts or
equipment famished in connection with such
work, on the project (other than service,.
maintenance or reports) to be performed by or
on 'behalf of the additional Insured(s) at the
location of the covered operations has been
completed; or
2. That portion of 'your work" out of which the
injury .or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
CG 2010 0413 0 Insurance Services Office, Inc., 21)12 Page 1 of 2
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III -- Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 2010 0413
POLICY NUMBER: VBA365176 00
COMMERCIAL GENERAL LIABILITY
CO 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
City of Slina, its agents, representatives, officers, officials and employees
211 W. Iron
PO Box 2181
Saiina KS 67402
Information required to complete this Schedule, if not shown above will be
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV —Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above Because of payments we make for injury or
damage arising out of your ongoing operations or
'Your world' done under a contract with that person
or organization and included in the "products -
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
in the
CO 24 04 06 09 ® insurance Services Office, Inc., 2008 Page 1 of 1 E3
RESOLUTION NUMBER 16-7343
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH HOOPER SOUND PRODUCTION SERVICES, INC. TO PROVIDE SOUND SERVICES
AT THE SMOKY HILL RIVER FESTIVAL.
BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:
Section 1. That the Mayor is hereby authorized to execute an agreement with Hooper Sound
Production Services, Inc. to provide sound services at the Smoky Hill River Festival, subject to the
terms and conditions of the agreement.
Section. 2. That the City Clerk is hereby directed to file the original agreement and retain
according to the City of Salina Records Management Policy,
Section 3. That this resolution shall be in full force and effect from and after its adoption.
Adopted by the Board of Commissioners and signed by the Mayor this 1 Sffi day of April, 2016.
Jon R. Blanchard, Mayor
(SEAL)
ATTEST:
Shandi Wicks, CMC, City Clerk