HomeMy WebLinkAboutCAG2010-0604 - Original - Cowboy Junkies - Spotlight Series: Musical Performance - 08/03/2010 r
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�,KcNT Document
WASNINOTON
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
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Vendor Name: ( � lc�c�ri
Vendor Number: N
ID Edwards Number
Contract Number: f k-11" /2,�
This Is assigned by City Clerk's Office
Project Name:
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other: �7 t 7�
Contract Effective Date: 4 t� o Termination Date: Q
/,&
Contract Renewal Notice (Days):�V_
Number of days required notice for termination or renewal or amendment
Contract Manager: Department:
Detail: (i.e. address, location, parcel number, tax id, etc.):
S•Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
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KENT
CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
Cowboy Junkies c!o High Road Touring
THIS AGREEMENT Is made between the City of Kent, a Washington municipal Corporation (hereinafter the
•Crty'j, and Cowboy Junkies, clo High Road Touring located and doing business at 751 Bridgeway, Sausalito, CA
04805,415J32-9282(hereinafter the"Contractot).
1. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City
Description: Cowboy Junkies(hereinafter referred to as'Contractor)will present one public
performance as part of the Kent Arts Comm"lon's"Spotlight Series.'
Start Timefourationistop Time; 7:30 p.miapproximately two hours including intermission18:30 p.m.
Day,Date,Year: Saturday,October 2,2010
Event Location: Kentwood High School Performing Arts Center.25800164"Ave.SE,Covington,
WA 98042
Merchandising: Contractor shall have the sole and exclusive right;abut not obligation,to sell
souvenir posters,programs, CDs, DVDs and other merchandise directly
pertaining to and/or bearing the likeness of the Contractor at the performan
City will retain 15%of the receipts when Contractor provides sales staff an O%
of the receipts when City provides sales start.
Lodging; i✓v will provide eleven(11)king hotel room on the night of Saturday,October 2,
2010.
Mears): City will provide a meal and refreshments as specified in the attached rider.•
Billing: 'Cowboy Junkies' Contractor to receive 100%sole headline billing in all
advertising,with exception of season brochure.
Sponsorship. City reserves the right to obtain corporate sponsor(s)for Contractoes
performance.
Exclusivity: Contractor shall not appear in general Seattle/Puget Sound market,including
King, Pierce,Snohomish and I trap Counties,within two-months before or after
October 2,2010,with the exception of venues previously discussed and mutually
agreed upon,including Edmonds Center for the Arts and Mount Baker Theater in
Bellingham,WA.
House seats: ✓City will hold ten(10)complimentary house seats for Contractor,to be released
24 hours prior to curtain if not notified by Contractor.
•The attached rider is part of this agmement.
Contractor further represents that the services fumished under this Agreement will be performed in rdance
with generally accepted processional practices in effect at the time those services are performed
il, COMPENSATION. The City shall pay Contractor the total sum of$8,000.00 for the worts to be performed
under this Agreement, upon satisfactory completion of all services and requirements specified In this Agreement. A 25%
deposit of$1.500.00 will be paid, by City of Kent check,to High Road Touring upon complete execution of contract The
balance of$4,500.00 will be paid,by City of Kent check,to Cowboy Junkies on the day of the performance.
Ill. PRE88 MATERIALS. Contractor agrees to provide to the City where appropriate, at his or her own
expense, complete press materials, including hard copy or high resolution electronic photographs, biographic
descriptions, and program materials. not less than six (6) weeks prior to the initial event data for the ClWs use in
promoting the event All publicity and promotional materials regarding the event released to the media or public by the
Contractor shall credit the City of Kent for its support of the event or project.
IV. PERFORMANCE SPACE. The City agrees to furnish, at its sole cost and expense, a place of
peRarmartce on the date(s) and at the time(s) contained in Section 1. The City shag also provide ushers, a house
CONTRACTOR SERVICES AGREEMENT-1
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manager,and box office staff and any additional services and personnel as required by the City,for the affraent operation
of the engagement Other arrangements will be the responsibility of the City and Contractor as follows below:
rn m theater. Kentwood High School Performing Arts Center.
Venue: City will provide procce u l9
Sound: City will provide sound system according to Contractor's technical rider.*
Lights; City win provide lighting according to contractor's technical rider.'
Dressing Roorns: City will provide dressing room Willies according to Contractor's rider.'
Technical Staff; City will provide sound and lighting technicians,and theater manager familiar with facility
Contractor will provide any other technical staff.Including a road manager or technical director,
necessaryfor the performance.
•The attached rider Is part of this agreement.
V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer
Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08
RCW,the parties make the following representations:
A. The Contractor has the ability to control and direct the performance and details of its work, the
City being interested only in the results obtained under this Agreement
B. The Contractor maintains and pays for Its own place of business from which Contractors services
under this Agreement will be performed.
C. The Contractor has an established and independent business that is eligible for a business
deduction for federal income tax purposes that existed before the City retained Contractor's
services, or the Contractor Is engaged in an independently established trade, occupation,
profession,or business of the some nature as that involved under this Agreement
D. The Contractor is responsible for Sing as they become due an necessary tax documents with
appropriate federal and state agencies, including the Internal Revenue Service and the state
Department of Revenue
E. The Contractor has registered Its business and established an account with the state Department
of Revenue and other state agencies as may be required by Contractor's business, and has
obtained a Unified Business identifier(1.181)number from the State of Washington.
F. The Contractor maintains a set of books dedicated to the expenses and earnings of its business.
The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the
Contractor has the ability to control and direct the performance and details of its work, the City being interested primarily
only in the results obtained under this Agreement and compliance with its terms and conditions.
VI. WORK PERFORMED AT CONTRACTOR'S RISK, Contractor shall be responsible for the safety of Its
employees, agents, and subcontractors in the performance of the contract work and shall utilize an protection necessary
for that purpose.
ViL INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims,injuries,damages,losses or sufts, Including all legal
costs and attorney fees, arising out of or In Connection with the Contractor's performance of this Agreement, except for
that portion of the Injuries and damages caused by the Clty's negligence, Including assertlons that the use or transfer of
any software, book, document. report, film, tape or sound reproduction delivered in accordance with this Agreement
constitutes an infringement of any copyright, patent trademark, trade name, or otmwise results In unfair trade practices.
The Chy's inspection or acceptance of any of contractors work when completed shall not be grounds to avoid any of
these Covenants of indemnification.
The provisions of this section strati survive the expiration or termination of this Agreement
VOL IMURANCL The Contractor shall procure and maintain for the duration of the Agreement, Insurance of
the types and In the amounts described in ExhW A attached and incorporated by this reference.
DL TERMINATION AND BREACH, Either party may terminate this Agreement, with or without cause. upon
providing the other party ninety(90)days written notice at its address set forth on the signature block of this Agreement
Ali oasts incurred by the City due to Contractor's failure to comply with the terms and conditions of this Agreement shall be
the responsibnny of the Contractor. The City may deduct Its costs from any payments due to the Contractor or pro-rate
the Agreement amount based upon the actual time of Contractor's performance compared to the contracted performance
schedule
CONTRACTOR SERVICES AGREEMENT-2
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X. IMPOSSIBILITY OF PERFORMANCE. Outdoor performances are considered *rain or shine.' In the
event that extreme inclement weather renders an outdoor pedomtence Impossible, the City will attempt to arrange an
aitemate performance space end Contractor win employ its best efforts to provide the contract work in that alternate
performance space. Nelftr party shall be under liability for failure to pWarm In the event that such failure is caused by
or due to acts or regulations of public authorities, civil tumult, strike, epidemic or any other cause beyond the control of
either party. In the event of a failure to perform as provided in this section, neither party shall be liable for the balance of
the Agreement
XL MISCELLANEOUS PROVISIONS.
A. Discrimination. In the performance of work under this Agreement or any sub-contract, the Contractor
shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory,
mental,or physical disability,disenminate against any person,
s. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code,the City requires its Contractors to
use recycled and recyclable products whenever practicable. A price preference may be available for any designated
recycled product
C. Non-Waiver of Breach. The failure of the City to Insist upon strict performance of any of the covenants
and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more
instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the
same shall be and remain in hull force and effiect
D. Resolution of Disputes and Gevemina Law This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, d'dfeverice or claim
arising from the parties'performance of this Agreement,the exclusive means of resolving that dispute,difference or claim,
shall only be by filing suit exclusively under the venue, rules and Jurisdiction of the King County Superior Court, King
County, Washington, unless the parties agree in writing to an alternative dispute resolution process. in any claim or
lawsuit for damages arising from the parties'performance of this Agreement, each party shall pay all its legal frosts and
attorneys fees incurred In defending or bringing such claim or lawsuit,in addition to any other recovery or award provided
by law, provided, however, nothing In this paragraph shall be construed to limit the Cftys right to Indemnification under
Section VII of this Agreement.
E. Written Notice All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder
shall become effective three (3) business days after the date of mailing by registered or certified mad, and shall be
deemed sufficiently given If sent to the addressee at the address stated in this Agreement or such other address as may
be hereafter specified in writing
F. Assignmen Any assignment of this Agreement by either party without the written consent of the non-
assigning party shall be void. If the non-assigning party gives its consent to any assignment,the terms of this Agreement
shall continue in run force and effect and no further assignment strap be made without additional written consent.
G Mpdffimdon No waiver, alteration, or modift-don of any of the provisions of this Agreement shalt be
binding unless in writing and signed by a duty authorized representative of the City and Contractor.
H. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such
statements shall not be effedhre or be construed as entering into or forming a part of or altering In any manner this
Agreement All of the above documents are hereby made a part of this Agreement. However, should any language in
any of the Exhlb is to this Agreement conflict with any language contained in this Agreement,the terms of this Agreement
shall prevail.
I ComoliarIM with Laws. The Contrector agrees to comply with all federal,state,and muntcipal laws,rules,
and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and
personnel engaged In operations covered by this Agreement or arising out of the performance of this Agreement
CONTRACTOR SERVICES AGREEMENT-3
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IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date
entered below,
CO CT CITY OF KENT.,
By: By.
W�
f
Print Name Print Name: Lad Hogan
its Its $upqrin n (ale n and C eltural
Services
DATE 1S 0 DATE: 3-/
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENTt
1 Wk S Q e- Ronda 811lerbeck,Cultural Pr
ograms Manager
T 1 f Z City of Kent
220 Fourth Avenue South
U14N u I D e, / / Kent,WA 98032
(telephone)
(facsimile) (253) 856-9050(telephone)
(253) 85F3•f3050(facsimile)
CONTRACTOR SERVICES AGREEMENT-4
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EXHIBIT A
INSURANCE&INDEMNITY REQUIREMENTS
No Insurance is required for this Contract
CONTRACTOR SERVICES AGREEMENT-5
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THIS RIDER IS HEREWITH ATTACHED TO AND MADE PART OF THE CONTRACT
NUMBER DATED BY AND BETWEEN AMMP,INC.
FIS/O COWBOY JUNKIES(HEREIN REFERRED TO AS"ARTIST')AND
(HEREIN REFERRED TO AS"PURCHASER71.
VENUE DATE OF ENGAGEMENT
All terms and provisions hereinafter and hereinbefore set forth are part of one and the same
contract. ARTIST agrees to furnish and PURCHASER agrees to accept for the engagement
hereunder,an entertainment unit including the services of the ARTIST upon all terms and
conditions: 2 1&
I.METHOD OF PAYMENT: ARTIST'S fee shall be paid in C&ML essprevious
arrangements have been made. No checks will be accepted vsa out the express consent of the
Tour Manager.
Guaranteed payments shall be made PRIOR to commencement of performance.
Any time ARTIST has been offered a contract face whereby ARTIST will earn a percentage of
the gross income,PURCHASER shall have on band at settlement all bona fide receipts for
expenses that have been incurred for that particular engagement. ARTIST will allow only those
expenses that were used in determining the contract offer by the ARTIST'S agent,or which
ARTIST agrees to in writing in advance or at the engagement itself. If there were any expenses
that were not incurred or were actually less than estimated,the new lower or actual cost will be
used to determine a correct split figure by ARTIST'S representative at the settlement. All
advertisement expenses will be backed up by actual bills,which will be computed at the net cost.
The face of the contract must show the specific capacity of the venue and the gross potential in
dollars and the ticket prices. No state or local taxes shall be deducted from the gross unless the
rate of tax and description of the same is shown on the face of the contract. No federal,state or
local income taxes may be assessed against the ARTIST'S wage for this engagement unless
PURCHASER has notified ARTIST of such taxes.
2.CANCELLATION: In the event of a film,video,stage play and/or television special,
ARTIST reserves the right to cancel thirty(30)days prior to the engagement.
3.FORCE MAJEURE: ARTIST'S obligation to furnish the entertainment unit referred to
herein is subject to the detention or prevention by sickness,inability to perform,accident,means
oftransportation,Act of God,riots,strikes,labor difficulties,epidemics and any act or order of
any public authority or any cause,similar or dissimilar,beyond the ARTIST'S control.
Provided ARTIST is ready,willing and able to perform,PURCHASER agrees to compensate
ARTIST in accordance with the teems hereof regardless of Act of God, fire,accident,riot,strike
or any event or events of any kind or character whatsoever,whether similar or dissimilar to the
foregoing events which would prevent or interfere with the presentation of the show hereunder.
Notwithstanding anything contained herein,inclement weather shalt not be deemed to be a force
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majeure occurrence,and PURCHASER shall remain liable for payment of the full contract price
even if the performances)called for herein are prevented by such weather conditions. ARTIST
shall have the sole right to determine in good faith whether any such weather conditions shall
leader the performance(s)impossible,hazardous or unsafe.
5.BOX OFFICE PROCEDURES: PURCHASER agrees to give ARTIST or ARTIST'S
representative,the right to enter the box office at any time(before,during and after the
performance)to examine and make extracts from the box office records of PURCHASER
relating to the gross receipts and expenses of the engagement. A written box office statement,
certified and signed by PURCHASER will be furnished to ARTIST prior to intermission.
ARTIST or ARTIST'S representative shall also have the right to be positioned at all points of
entry to the venue for the express purpose of counting admissions. In this event,if ARTIST or
ARTIST'S representative determines a discrepancy between counted admissions and declared
admissions during settlement,the larger amount shall be used in all cases.
PURCHASER shall be liable for all lost,stolen or counterfeit tickets,and under no
circumstances will ARTIST'S wages reflect any loss of these tickets. PURCHASER further
warrants that any and all average payments will be based on the actual number of persons
attending the event, less approved complimentary ticket holders as outlined below.
&BILLING: Artist shall receive one-hundred percent(100%)sole exchuive headline billing
in all advertising, lights,displays,programs and any other types of advertising and publicity.
Any deviation from this billing is acceptable only with prior written consent firm ARTIST.
Billing,publicity and all advertising shall read.
COWBOY JUNKIES(100%)
8.COMPLIMENTARY TICKETS: Complimentary tickets utilized by PURCHASER shall be
limited to the legitimate representatives of radio and television stations and newspapers in the
city of the performance. This does not include the number of complimentary tickets listed
below. In seated venues,no compti tickets will be issued for the first ten(1 0)rows.
16
PURCHASER agrees to provide ",eoomplimentary tickets for use by ARTIST. These
tickets shall be given to ARTIST'S Tout Manager upon his arrival at the place of performance,
unless Tour Manager decides to supply PURCHASER with a guest list. When a guest list is
used,the guest list will be returned to the ARTIST'S Tour Manager after the performance with
the admitted names crossed off. In reserved seat venues,ARTIST'S guest tickets should be
located on the floor between rows 10-20. PURCHASER shall also supply backstage passes for
those ARTIST'S guests designated by the ARTIST'S Tour Manager.
9.RECORDING: NO UNAUTHORISED VIDEO TAPING IS PERMITTED. THE ARTIST
DOES ALLOW AUDIO TAPING OF THE PERFORMANCE AT THE DISCRETION OF THE
TOUR MANAGER.
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19,SUPPORT TALENT: ARTIST shall have the right of approval of all acts on the program,
order of appearance,equipment placement,lighting,backdrops,lengtb of set(including encores)
and all other elements.
There shall be no M.C.or announcer at any time without consent of die ARTIST. At no titre
will more than ONE(1)act precede ARTIST unless proper,prior written permission is given by
ARTIST or their Agent or Management.
Opening acts will receive a soundcheck only after ARTIST has completed its soundcheck to its
satisfaction. Under no circumstances will the opening act's soundeheck be allowed to delay the
opening of the house. Opening acts are not guaranteed a sonndcheck.
ARTIST shalt close the show,unless other arrangements are made with ARTIST'S Tour
Manager.
11.MERCHANDISING: PURCHASER agrees that its arrangement for presenting the
engagement provided for herein shall prohibit the sale or giving away of souvenir or similar
merchandise on the premises on the condition with this engagement other than official
COWBOY JUNKIES or other merchandise famished by ARTIST or its official merchandising
agent ARTIST shall=P11=Ste=re
e from this merchandise whether it be garmcat,pin,
jewelry,recording, tc. PUR S R shall not a co -slit from
merchandise Vtj2im �I� ` ' �t ap v WVUA .SCf Sff,CS
�arlh4�Y �
12.GENERAL: ARTIST shall not be required to appear and perform before any audience
which is segregated on the basis of race,color,creed or where physical violence or injury to the
ARTISTS or ARTIST'S personnel is likely to occur. If any of the foregoing conditions exist and
the ARTIST does not appear or perform as a result thereof,the same shall not constitute a breach
ofthis agreement by the ARTIST.
It is responsibility of the PURCHASER to inform ASCAP,BMI,SOCAN etc.or the local
equivalent,the details of the ARTIST'S performance. A copy of the song list,with
PUBLISHER and AUTHOR,will be supplied to the PURCHASER by ARTIST'S Tour Manager
before ARTIST'S performance. It is the responsibility of the PURCHASER to inform ARTIST
of any deductions for performing rights in writing,as part of his costs beforehand A duplicate
song list will be sent to ASCAP,BN%SOCAN etc.by the ARTIST'S Management after every
performance as a method of doubly ensuring that the correct payments we made.
PURCHASER will allow free and easy access to representatives of the record company in order
for them to erect displays of sleeves and posters in a prominent position near the entrance to the
main auditorium.
13.ACCOMMODATIONS: When PURCHASER supplies accommodations,eleven(11)king
rooms shall be supplied unless specified by ARTIST'S Tour Manager. A rooming list will be
supphed.
14.HOSPITALITY
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-DRESSING ROOMS PURCHASER agrees to provide,at no extra cost to ARTIST,the
following lockable dressing rooms(keys to be given,with no deposit payable,to
ARTIST'S Production Manager upon arrival)and facilities for exclusive use by ARTIST
AND ARTIST'S Personnel NO OTHER PERSONS,OTHER THAN THOSE
AUTHORIZED BY ARTIST'S TOUR MANAGER,WILL BE PERMITTED IN
THESE ROOMS BEFORE,DURING OR AFTER ARTISTS PERFORMANCE.All _
rooms should be in close walldng distance to the stage,without waUdng through the �!
audience area. <fr y
1)PRODUCTION OFFICE:PURCHASER agrees to provide,at no extra cost to U�
ARTIST,unencumbered access to a PRODUCTION OFFICE complete with two(2)
unrestricted touch-tone telephone lines capable of receiving and malcing local and long
distance credit-card calls.The room should have a desk,table and chairs and electrical S
outlets.If phone service is not compatible with North American phone standards, �.
arrarrgemeats trust be made with ARTIST'S Tour Manager to install or provide access to r
a fax machine and photo copier. ,(�`,
2)FOR ARTIST: From the time of their arrival at the venue-two large,comfortable,
climate-controlled,ventilated and well lit backstage dressing rooms,seating for ten(10) lJ
people(chairstsofas),a large table,waste bins,two full-length mirrors,clothes rack,a „A�JV
private toilet with soft toilet paper,washing facilities with running hot and cold water, `
soap and two 110 volt electrical outlets.Any windows must have V '
curtains covering them.One bunch of mixed wild flowers(no carnations)should be
placed in a vase in this room. 11
CATERING:Additional provisions for venue personnel and local crow should be
made above and beyond the following,which shall be provided by
PURCHASER
LUNCH(to be prepared and ready for 1:00 pm(or specified by advance)for S peoplo):
1 Sandwich set-up assortment of deli meats,cheeses,tomatoes,pepper$,
lettuce, buns, bread and condiments(mayo,mustard, salt,pepper,etc,)
1 Dessert(cookies,coke,etc.)
6 1-litre bottles of non-carbonated spring water
6 Cansibottles of assorted solos(national brand,no diet)
4 Cans of Red Bull Energy Drink
CATERING REQUIREMENTS CONTINUED ON NEXT PAGE
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CATERING(Continued)-
ARTIST(band hospitality in the dressing room and to be set-up by 3:00 pm or specified by
advance):
1 Dozen Tulips in a vase(No other flower variety please)
1 Box of"THROAT COAT"herbal tea made by Medicinal Tradida is
Company
12 Large,Clean Towels
48 500 ml bottles of Water
2 750 ml bottle of San Pellegrino Water
6 Cans Coke Classic
1 SMALL Basket of fruit-Pineapples,Apples,Bananas,Grapes,etc.
1 SMALL Tray of assorted cheeses and crackers
1 Bag TortlAa Chips(Organic Please)
1 Jar Salsa(Green Mountain Gringo or Comparable)
2 Whole lemons with knife
12 Assorted bagels with butter and cream Cheese
1 Loaf of whole wheat bread
1 Quart 2% Milk
1 Half-Gallon of Tropicana Homestyte Orange Juice I Fresh Squeezed
6 Assorted organic,fresh Juices/smoothies(i.e.Odwalla, Solthouse
Farms,etc.)
e ses `
1 EleetIc kettle �tCJD
S apish ' a • _ cT_ _,,,j 'i`�'n�
etu eaux eon 11.Q�� I'
1 e k Long Hammer,Red
S PLEASE)
1 Corkscrew and Bottle Opener
1 Steam Iron and Ironing board
1 Supply of fresh ground Coffee,teas,sugar,stainless steel utensils
12 Large Solo drinking Cups-no beer logo Cups,please
DINNER(FOR ARTIST$AND ARTIST'S CREW):
PURCHASER must provide nine(09)hot meats. Dinners may be in the form of a buy-out equivalent
of twenty dollars (520) U.S. per person (cash must be paid to ARTIST'S Tour Manager prior to
soundcheck)or in a suitable, separate, noise-free room, and at a time to be set by ARTIST'S Tour
Manager and not less than three(3)hours prior to performance:
A hot meal that should consist of the following:
• A soup
• A large,fresh tossed sated with a separate selection of dressings
• Fresh Dinner Roils with soft butter
• One Meat entree to serve 6D%of attendees
• One Fish entree to sere 25%of attendees
• One Vegetarian entree to serve 15%of attendees(no beef/fish/Chicken/pork/lamb)
• Two steam cooked Vegetables
• Fresh Dessert(no artificial cream or toppings)
We leave oneperson with a severe allergy to garlic.Please avoidgarlic where possible.
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NO PLASTIC,PAPER OR STYROFOAM ANY MIE,ANYWHERIr,PLEASE.
14.TECHNICAL: The following relates to the technical requirements and performance which
are crucial to ARTIST'S production. PLEASE E READ THEM CAREFULLY.
-The ARTIST'S Production Manager will advance all technical and work schedule requirements
by email with PURCHASER. Any changes or questions relating to technical or work schedule
matters must be directed to ARTIST'S Production Manager.
-There must be at least one PURCHASER,PURCHASER representative,or venue management
employee fluent in the English language present at ALL times. This representative shall be fully
autbonzed to act on the PURCHASER'S behalf in his absence.
PURCHASER shall provide,for the exclusive use by the ARTIST,a licensed and insured
driver with a passenger van who will serve as a runner from the agreed time of load-in
until released by ARTIST'S production Manager.
-PURCHASER shall provide appropriate worker's compensation coverage for local crew.
-PARKING: PURCHASER agrees to provide,at no extra cost to ARTIST,safe and
secure parking adjacent to the place of performance for all of the ARTIST'S vehicles
including a 45 foot coach with a traller. Details will be provided by ARTIST'S Production
Manager. Access to,and use of electrical power for ARTIST'S buses)will also be
provided at no extra cost to the ARTIST.
- 3R:ARTIST requires four(4)stagehands for one(1)hour at the load-in time
designated by ARTIST'S Production Manager and for one(1)hour at the load—put Hme
designated by the same. In the mat of a difficult load-in(le:stairs,long load-in pushes,
etc),the number of stagehands required will increase to a number designated by the
ARTIST'S Production Manager.
- WORK SCHEDULE: PURCHASER will ensure that ARTIST and ARTIST'S personnel and
equipment shall have full and exclusive access to the venue at the agreed time and no less than
eight(8)hours prior to the admission of the audience. ARTIST shall have the tight to
souadcheck up until the official time of the doors opening to the public. If,for reasons beyond
ARTIST'S control,ARTIST'S soundcbeek rums past the scheduled time of audience admission,
PURCHASER agrees to withhold the audience's admission until ARTIST is satisfied with
soundcheck.
-PASSES: ARTIST will supply All Access passes for ARTIST'S personnel. Ali other passes
roust be supplied by the Purchaser or Venue.
Persons designated by the ARTIST'S Production Manager ONLY will be permitted on stage or
to the stage wings during ARTIST'S performance. No unauthorized persons are allowed on the
stage and/or the stage area. The stage and its general area will be cleared no less than ten(10)
minutes prior to ARTIST's performance. Ample time will be granted at the conclusion ofthe
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performance to allow ARTIST and their personnel to exit and clear the stage area of their
equipment.
-SECURITY: PURCHASER,at his own cost,will provide ARTIST with adequate security
guards for the protection of the ARTIST,ARTIST'S crew,equipment and the audience,all
arrangements being to the Tour Manager's requirements. PURCHASER agrees to provide
adequate security for the backstage area under the direction,if need be,of ARTISTE Tour
Manager. PURCHASER agrees to not let arty unauthorized people into the backstage area at any
time.
Members of the ARTIST'S Entourage will go into the lobby to sign autographs after the
performance. Security will be required to accompany the ARTIST during this process.
In the event that ARTIST'S equipment must retnain in the place of performance overnight,
PURCHASER shall provide two(2)security guards from the end of the performance of the first
night until 6:00 pm the following day. PURCHASER is solely responsible for repair or
replacement of any equipment or performance related articles that are stolen or damaged during
this time.
No security personnel,inside or outside the venue,shall be allowed to use any dogs,guns,clubs
or other such weaponry designed for violence.
ARTIST'S Tour Manager shall be entitled to demand the substitution of anyone oar any guard
who,it)his opinion,is not physically or mentally capable of performing his duties. This shall
include any person found using excessive violence in the course of his or her duties.
-ARTISTIC AND STAUE CONTROL: ARTIST has absolute artistic control over the
production and staging of the entire event. ARTIST shall have first right of set-up for all
instruments and equipment in the production and aforementioned instruments and equipment
shall not be moved,relocated,tampered with or used by any person other than those duly
authorized by ARTIST'S Production Manager. No other equipment will be loaded onto the
stage until soundcheck is considered over by,and approval given from ARTIST'S Production
Manager.
-SOUNDCMECK: ARTIST will require a full soundcheclt. A minimum of one(1)hour,free
from any interruptions,is required. During the soundcbeck and performance,the stage area will
be under the absolute supervision of the ARTIST'S Production Manager ONLY.The sound level
of the soundcheck will be left entirely to the discretion of ARTIST'S Production Manager.
PURCHASER,venue representative or local authority must not attempt to dictate or alter the
level of sound before,during or after the soundcheck and performanc e(s). If there are any local
authority rulings on the level of sound,please notify ARTIST'S Production Manager in advance
in writing.
-PERFORMANCE TSM: PURCHASER agrees to provide ARTIST with no less than seventy-
five(75)minutes performance time,not including support act or change over and set-up.
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Change over time is generally forty-five(45)minutes. Encores shall be perforated solely at the
discretion of The ARTIST.
ARTIST may provide all pre-recorded music to be played before the show,in between acts and
after the show. All auditorium house lights,except those relating to safety or exits,must be
switched off during ARTIST'S performance. In addition, all video and TV systems MUST BE
SWITCHED OFF fifteen(15)minutes prior to the ARTIST'S performance time.
-STAGING,AND MIXING AREA: PURCHASER agrees to supply a stage of solid
construction with a flat plane and unobstructed surface with minimum dimensions of 7.5 meters
wide,5.7 meters feet deep and 1 meter high,with separate wings at the same height as the stage
for the PA,monitor board set-up and guitar technician set-up. Wings should be no smaller than
3 meters x 3 meters. If the performance is outdoors,a top,the some size as the stage is required.
Side flaps should also be included to ensure ARTIST'S equipment does not get wet in the event
of rain. Adequate rolls of plastic are also required.
PURCHASE!.agrees to provide space in a central position in the hall for sound and lighting
mixing desks,together with sufficient platforms and protection for the desks. The position must
be at least 5.75 meters from the stage and with a clear view of the stage.
PURCHASER agrees to supply a minimum electrical power supply of:
-2 North American style(Edison plug,earth grounded,3 pin connector,minimum 100 volt—
maximum 120 volt)transformers.
-Purchaser must provide all power requirements for the audio and lighting companies.
PURCHASER agrees to pay for and provide a qualified electrician to connect and disconnect the
power supplies for both sound and lighting at the timcs specified by ARTIST'S Production
Manager. In the event PURCHASER fails to make the necessary arrangements to fulfill
ARTIST'S power requirements,or in the event that the power facilities are faulty to the extent
that ARTIST or any of ARTIST'S personnel,or its equipment would be endangered,ARTIST
will not be required to perform without any penalty and PURCHASER shall be responsible for
any damage to any equipment,or any injury to ARTIST or any of ARTIST'S personnel,
resulting from a faulty power supply
AUD10: PURCHASER agrees to provide a professional quality,3 or 4 way P.A.system
capable ofproducing an undistorted level of 120 db throughout the entire venue. Please
note that the ARTIST will not attain this level of volume but it is of utmost importance
that every patron in the venue be able to hear the ARTIST-even at the quietest moments
of the performance. This system must be noise and hum free at an listening levels PA
must be flown where possible. If they must be ground stacked,the high packs must be
above the audience's head One technician for front-of-house and one technician for
monitors,both familiar with the operation of the audio system,will be required.
Preferred systems include:JBL,VerTec,Clair Brothers S4,L'Acoustics V'Dosc,EV X-
Array,Martin Audio W8,Nexo.
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A stage plot outlining the required set-up will be provided in advance by ARTIST'S Production
or Tour Manager.
FOH
1 40 channel mixing desk with 2 power supplies(Yamaha PM5D, Yamaha M7CL,
Midas HeritagclXL3, Soundcraft Series 5)
1 Programmable Digital Delay
2 Digital Reverts(T.C. M-1,Lexicon PCM 80)
10 Professional Compressors(BSS,DBX 1066)
4 Professional Noise Gates
1 CD player
31 band EQ for each section of PA(left,right,center, front fill,balcony fill,etc.)
A.C. and space for additional artist supplied processing.
MONITORS
Yamaha M7CL,Yamaha LS9,Midas XL-250 monitor desk with 2 power supplies
(or similar)
1 Professional Digital Reverb
8 bi-amped monitors with 2"horn and 12"or 15"drivers(Meyer UPA,
L'Accustics)
8 31 band EQ's.
1 3 way tri-amped drum fill,preferably a monitor as above with a subwoofer.
Matched crossovers, amplifiers,and processing please!!!
All necessary cables,stands, snakes,power distribution etc.must be provided
LIGHTING: PURCHASER agrees to provide a professional lighting rig adequate for the venue.
The lighting rig must be flyable,with necessary rigging,cabling,fixtures,dimmers and control.
When feasible,house inventory may be used but outside contracting to a professional lighting
company is likely. A lighting technician,familiar with the workings of the lighting rig,and
under the direct supervision of ARTIST'S Lighting Director,must be available on-site from the
time of ARTIST'S load-in until after ARTIST'S performance is complete. A supply of lighting
gel,fresh and unburned and as determined in advance by ARTIST'S Lighting Director must be
supplied
Please contact management office for current contact info for ARTIST'S Ll(;HMG
DIRECTOR
All lighting inventories,venue pipe specs and relevant material must be faxed to ARTIST'S
Production Manager thirty(30)days in advance of the performance. A lighting plot outlining the
required set-up will be provided in advance by ARTIST'S Production Manager.
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-BACKL : In the event that PURCHASER is to provide the backline instruments for the
performance,ARTIST requires the following:
DRUMS:
Yamaha Recording Series with new Remo Ambassador heads
1 —22"Kick drum
I — 14"Snare drum
1 - 12"Rack tom
1 - 14"or 16"Floor tom
1 —snare drum
4—Large heavy-duty boom cymbal stands
1 —Hi-hat stand
1 —Threaded Drum Stool
1 —Kick drum pedal
I—Black,8'x 8' drum carpet
I —Clearsonic Plexiglas drum shield cage
BASS:
2—guitar stands
1 —Ampeg SVT-13-2RE Amp
1 —Ampeg SVT-610HLF(6 x 10 Cabinet)with speaker cables
OR
l —250 AHD Trace Elliot amplifier
2—Hartke 4 x 10"bass cabinets with speaker cables
GUITAR:
2—Fender"The Twin"amplifiers(aka"Red Knob"Twin—not Fender Twin black
knob)
3—guitar stands
2—guitar stands must accommodate mandolins
I —guitar Rack for off-stage guitar world
ACCESSORIES:
I -drum-type stool(separate from the drummer's)(Prefer bicycle seat type.Must be
stable and at least 28"high)
1 -professional black sheet music stand with light(Manhasset or similar)
1 -Brentwood bar stool with foot rests and without a back rest
I -small black table for onstage use
2-black chairs with straight back and NO ARMS
15.LIABILITY: PURCHASER shall hold ARTIST harmless for any and all damages arising
out of any damage of property owned by PURCHASER,or any personal injury to any person
other than ARTIST or ARTIST'S personnel,not arising out of the negligence of ARTIST,
including but not limited to attorney's fees,court costs,etc. PURCHASER shall have a valid
comprehensive general liability insurance policy in place for his activities as PURCHASER.
JUL-12-2010 14:32 415 332 4692 PAS
751 Bridgeway,3rd Floor y touringPhone:(415)332-9292
iis=
Sausalito,CA 94965 high road Fax: (415)332-4692
Contract 108176
agreement made this date,July 12,2010 by and between AMMP,Inc.f/s/o Cowboy Junkies(hereinafter referred to as Artist)and The Kent Arts Commission(hereinafter
referred to as Purchaser) It is understood and mutually agreed that the Purchaser engages the Artist to perform the following engagement upon all the terms and conditions hereinafter
set forth
ARTIST: Cowboy Junkies An Evening with
VENUE' Kentwood High School Performing Arts Center 25800 164th Avenue SE,Covington,WA 98042,USA
PRODUCTION, Dan Mortensen 206-525-2113 dansound@clearwire net
SHOWDATES
Sat,Oct 2,2010
TICKETS:
Description Quantity Comps Kills Price Deductions GP Adjusted GP
GA$25-35 �kGJ 3�i 470 0 0 35 00 0 16,450 00 16,450 00
Se�uow/ -2-0 470 0 0 16,450 00 16,450 00
I
Total Shows 1 470 0 0 Gross Potential: 16,450 00
Facilities Ticket Surcharge 0 Adjusted Gross Potential: 16,450 00
Tax(%) Tax Total: 0 00
Net Potential: 16
TERMS: 6,000.00 US Dollar(US$)guarantee paid to Artist. lLl
Flat guarantee paid to Artist PLUS up to 11 hotel rooms, t
ADDITIONAL PROVISIONS:
Purchaser agrees to provide In house(sound and lights)
Purchaser shall provide any and all rider requirements as per Artist's specifications and approval,at no cost to Artist.
Contract Due to High Road Touring by 9/2/2010
EVENT SPECIFICS
SATURDAY,OCTOBER 2,2010 7 30 PM
Doors Open 7 pm Show Time 7 30 pm Onstage Time 7 30 pm Curfew' Age Limit
Notes
MERCHANDISING RATES
Building Sell Merchandise% 80 Artist Sell Merchandise% 3.110
Building Sell Recorded Product% 80 Artist Sell Recorded Product% "}-�
Notes
OTHER ARTIST(S)PAID BY
PAYMENTS.
1500 US Dollar(US$)Deposit to this Agency by certified check or bank wire only due by:9/17/2010
BALANCE OF Payment with any applicable overages in cash,or by bank check,university check,government check or company check
is due on night of show made payable to Artist's touring entity.
High Road Touring Bank Wire Information,Bank of Marin,ABA#121141877 ACCOUNT#07 500523;378 Bel Marm Keys Blvd,Novato,CA 94949
No performance on the engagement shall be recorded,reproduced,or transmitted from the place of performance,in any manneror by any means whatsoever,in the absence ofa spedf)c
written agreement witn the Artist
It is understood by the Purchaser and the Artist who are parties to this contract that neither High Road Touring nor it's employees nor directors are parties to this contract In any capacity
other than as Agent and,the,efore,that neither High Road Touring nor it s employees nor directors shall be liable for the performance of breach of any provision hereof
This contract shall not be binding unless signed by afl parties hereto Should any Additional Provision(s),Rider,Addendum,and/or Expense sheet be annexed to this Agreement it/they shall
also constitute a part of this agreement and shall be signed by all parties to this contract
This agreement of the Artist to perform is subject to proven detention by sickness,accidents,riots,strikes,epidemics,acts of God,or any other legitimate conditions beyond their control
IN WITNESS WHEREOF,the parties have executed this Agreement on the date first above written
AMMP, Inc f/s/o Cowboy Junkies The Kent Arts Commission
Michael Timmons 13-3792148 Signatory Lori ogan Fed ID#:
X X
C/O High Road Touring, 751 Bridgeway, 3rd Floor 220 4th Avenue South,Ken A 032, SA
Sausalito,CA 94965 253-856-5050 Fax 53-856
Booking Agent Dina Dusko (415) 332-9292 Fax.(415)332-4692 Contact Ronda Billerback