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HomeMy WebLinkAboutCAG2010-0604 - Original - Cowboy Junkies - Spotlight Series: Musical Performance - 08/03/2010 r b ecords M .rapgemen4 �,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. r , 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 07/12/2010 10:44 FAX 415 332 4692 RIGR ROAD TOURING ®OOJ 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 pindw iIAM-Sale p9tilrn9h 3UL-12-2010 14.25 415 332 4692 960/ P.03 07/12/2010 10:45 FAX 415 332 4692 HIGH ROAD TOURING �""• 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 Nsraaoo—Sorel JLL-12-2010 14:26 415 332 4692 96: P.04 07/12/2010 10:46 FAX 415 332 4002 HIGH ROAD TOURING 10005 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 pwor s to.000-sdb FerkmW) J11--12-2010 14:27 415 332 4692 96% P.05 07/12/2010 10:46 FAX 415 332 4092 SIGH ROAD TOURING ID008 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 turd"Sro000-S*Fe t"W) JLL-12-2010 14:27 415 332 4692 97Y, P.06 07/12/2010 10:47 FAX 415 332 4692 HIGH ROAD TOURING 0007 EXHIBIT A INSURANCE&INDEMNITY REQUIREMENTS No Insurance is required for this Contract CONTRACTOR SERVICES AGREEMENT-5 (Under sro,000-Saen.nem" , JLL-12-2010 14:27 415 332 4692 96Y P.07 07/12/2010 10:4T FAX 415 332 4092 HIGH ROAD TOURING 0009 -2- 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 Jt1_-12-2010 14:28 415 332 4692 P.09 07/12/2010 10:47 FAX 415 332 4692 HIGH ROAD TOLRtING 0010 -3- 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. JLL-12-2010 14:28 415 332 4692 P.10 07/12/2010 10:48 FAX 415 332 4092 HIGH ROAD TOURING �011 .4• 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 JUL-12-2010 14:29 415 332 4692 P.11 07/12/2010 10:49 FAX 415 332 4092 BIGH ROAD TOURING 0 012 -S- -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 Jt1L-12-2010 14:29 415 = 4692 P.12 07/12/2010 10:49 FAX 415 332 4092 SIGH ROAD TOURING @013 .6- 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. JLL.-12-2010 14:30 415 332 4692 P.13 07/12/2010 10:49 FAX 415 332 4692 HIGH ROAD TOURING @ 014 -7- 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 JUL-12-2010 14:30 415 332 4692 P.14 07/12/2010 10:50 FAX 415 332 4692 HIGH ROAD TOURING 0016 -8- 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. JUL-12-2019 14.31 415 332 4692 96%, P.15 07/12/2010 10:50 FAX 415 332 4992 HIGH ROAD TOURING @Ole -9- 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. JLIL-12-2010 14:31 415 332 4692 P.16 07/12/2010 10:51 FAX 415 532 4692 HIGH ROAD TOURING 0017 - 10- 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. JLL-12-2010 14:32 415 332 4692 P.17 07/12/2010 10:52 FAX 415 332 4992 HIGH ROAD TOURING 0 018 - I1 - -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