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HomeMy WebLinkAboutPK18-360 - Original - Cadenza Artists LLC on behalf of Kaki King - Contract - 05/15/2018 � �OT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. ❑ Blue/Motion Sheet Attached ❑ Pink Sheet Attached Vendor Name: Cadenza Artists LLC on behalf of Kaki King __. - .. Vendor Number (JDE): 1777755 Contract Number (City Clerk): KV� ;3U Category: Contract Agreement Sub-Category (if applicable) C nQPSc^ aia Project Name: 2018-2019 Spotlight Series Contract Execution Date: 05/15/18 Termination Date: 10/20/18 Contract Manager: Calleen Bidman Department: Parks ..... ......... Contract Amount: $4000.00 Approval Authority: ® Director ❑ Mayor ❑ City Council Other Details One performance October 19 2018 DocuSign Envell:F265958D-5AF1-42E7-B14D-CE7F195845F9 kAGN T CONTRACTOR SERVICES AGREEMENT between the City Kent and Cadenza Artists LLC on behalf of Kaki King V THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Cadenza Artists LLC on behalf of Kaki King located and doing business at 12021 Wilshire Blvd. #710, Los Angeles, CA 90025 (hereinafter the "Contractor") I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City. Description: Contractor will present one public performance as part of the Kent Arts Commission's Spotlight Series. Start Time/Duration/Stop Time: 7:30 p.m. /70 minutes, no intermission + brief talk, encore/ approx. 8:45 p.m. Day, Date, Year: Friday, October 19, 2018 Event Location: Kent-Meridian High School Performing Arts Center, 10020 SE 2561" St., Kent, WA 98030 Merchandising: Contracto,shall have the sole and exclusive right, but 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 performance. City will retain 15% of the receipts when Contractor provides sales staff and 20% of the receipts when City provides sales staff, Lodging: City will provide hotel accommodations (2 non-smoking rooms)for Contractor for the nights of Thursday, October 18, and Friday, October 19, 2018, Ground Transportation: Contractor will provide ground transportation. Hospitality: City will provide hospitality as specified in the attached rider." Billing: Kaki King. The Neck is a Bridge to the Body. Contractor to receive 100% sale headline billing in all advertising, with exception of season brochure. Sponsorship: City reserves the right to obtain corporate sponsor(s) for Contractor's performance Exclusivity: Contractor shall not appear at venues within 90 miles of Kent, within 60 days before or after October 19, 2018, with the exception of venues previously discussed and mutually agreed upon, including Edmonds Center for the Arts. House seats: City will hold six (6) complimentary house seats for Contractor, to be released 24 hours prior to curtain if not notified by Artist. `Ail as more specifically described in the attached Exhibit B Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. Il. COMPENSATION. The City shall pay Contractor the total sum of$4,000.00 for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement- A 25% deposit of $1,000.00 will be paid, by City of Kent check, to CADENZA ARTISTS LLC upon complete execution of the contract, The balance of $3,000.00 will be paid, by City of Kent check, Kaki King Touring LLC on the day of the performance. The City shall also pay a per diem of$120 ($30 per day for 2 people for 2 days). III. PRESS 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 for the City's 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 performance on the dates) and at the time(s) contained in Section I. The City shall also provide ushers, a house manager, and box office staff and any additional services and personnel as required by the City, for the efficient operation of the engagement. Other arrangements will be the responsibility of the City and Contractor as follows below: CONTRACTOR SERVICES AGREEMENT- 1 (Under$10,000- Sole Performe() DocuSign Envelope ID F265958D-5AF1-42E7-B14D-CE7F195845F9 Venue: City will provide proscenium theater: Kent-Meridian High School Performing Arts Center Sound: City will provide sound system according to Contractor's technical rider." Lights: City will provide lighting according to Contractor's technical rider.` Dressing Rooms: City will provide dressing room facilities 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, necessary for the performance. 'All as more specifically described in the attached Exhibit B 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 Contractor's 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 same nature as that involved under this Agreement. D The Contractor is responsible for filing as they become due all 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(UBI) 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 all protection necessary for that purpose. VII. 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 suits, 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 City's negligence, including assertions 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 otherwise results In unfair trade practices. The City's Inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. Vill, INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. IX. 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. All costs incurred by the City due to Contractor's failure to cornply wuth the terms and conditions of this Agreement shall be the responsibility 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 (Under$10,000—Sale Performer) DocuSign Envelope ID. F265958D-5AF1-42E7-B140-CE7F195845F9 X. IMPOSSIBILITY OF PERFORMANCE. Indoor performances may be dependent upon a facility which the City may or may not have control over. Outdoor performances are considered "rain or shine" In the event that extreme inclement weather renders and outdoor performance impossible, or an indoor facility unexpectedly becomes unavailable, the city will attempt to arrange an alternate performance space. and Artist will employ Its best efforts to provide the contract work in that alternate performance space. Neither party shall be under liability for failure to perform 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 failure to perform as provided in this section, neither party shall be liable for the balance of the Agreement. XI. MISCELLANEOUS PROVISIONS. A. Eiscrir.IL_kiot. 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, discriminate against any person. B. Rec_ycl�nbte 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 [his 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 full force and effect. a. Resolution of Di and Governinct Lzaw. 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, difference 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 Kling County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. in any ela'im or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal casts and attorney's 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 City's right to indemnification under Section V'II of this Agreement. E. written No ll All communications regarding this Agreement shall be sent to the parties at the addresses fisted 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 mail, 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. AsA_ sinmc�nt, 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 full force and effect and no further assignment shall be made without additional written consent. G. Modi[Lorri. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. H. En ire—A rceriun¢_ 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 riot be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. Ali of the above documents are hereby made a part of this Agreement, However, should any language in any of the Exhibits to thus Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. I CorripLimlicie wi h Laws The Contractor agrees to comply with all federal, state, and municipal 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. d 9& Business License R uired, Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5,01 of the Kent City Code, K- Gounl Lp,9 s. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. CONTRACTOR SERVICES AGREEMENT - 3 (Under$10,000—Sole Performer) DocuSign Envelope ID:F265958D-5AF1-42E7-Bl4D-CE7F795845F9 IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: Oxus g�ea ey: ppyy �u�,ia �Na�bw{S�Caya U 2EIUFEL ._ By;_ Julia TdFmAkaya f �'3 slung) Print Name Print Name: Lori ii an Its CI-0 ___.--- Its Suot.. Parrs Recreation CUlturaY Services DATE: 5/10/2018 1 WN1 PDT e) _--. DATE: S'�S' NOTICES TO BE SENT TO; NOTICES TO BE SEmNT T0: CONTRACTOR: CITY OF KENT: Ronda Billerbeck, Cultural Programs Manager City of Kent 220 Fourth Avenue South Kent, WA 98032 (telephone) —_-- (facsimile) (253) 856-5050 (telephone) (253) 856-6050 (facsimile) CONTRACTOR SERVICES AGREEMENT-4 (Under$10,000-Sole Performer) DocuSign Envelope ID.F265958D-5AF1-42E7-1314D-CE7F195845F9 EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. CONTRACTOR SERVICES AGREEMENT- 5 (Under$10,000—Sole Performer) DocuSign Envelope ID'. F265958D-5AF1-42E7-B14D-CE7F195845F9 ICI K I N U-03- "The Neck Is a fridge to the �r1f BACKLINE REQUIREMENTS • INPUT LIST STAGE PLOT RIDER KAKI KING VIDEO ENGINEER I PRODUCTION CONTACT: Max Bernstein - (716) 491-2414 Maxrhernskeint�acnaitl cam ARTIST MANAGEMENT/PUBLICITY: Vickie Starr @ Girlie Action rtliala,m c. +1 (917)470-9812 c: +1 (917) 664-1281 TECHNICAL RIDER "The Neck is a Bridge to the Body" is a live multi-media show in which King plays guitar& FX with 2 channels of synchronous projections on her instrument and the upstage backdrop. "The Neck"features a sparse stage & lighting design to focus attention on the guitar, performer and live visuals. "The Neck" runs approximately 70 minutes with no intermission, including a brief talk by Kaki King at end of show, followed by an encore performance, IMPORTANT NOTES: x Our video setup usually takes an hour or more due to the required precision of the projection mapping @7jS Vk7] Ikrl� lISY47J..q. It BtCkt43-1.f1a,Sj? 1. r.5 y111. IP �.We typically request around 3 hours for the complete setup of video and sound. • Once the video engineer has "mapped" the stationary guitar, it is critical that nothing is moved!All house personnel must be notified that nothing on the stage is to be touched once it is set. INGMUM STAGE F LIGh@TING NEPDS to orM ,The Neale..."' Adequate stage depth and an appropriate projection surface are the two primary requirements for The Neck. • Upstage projection surface (clean, white or gray surface which fills the stage from floor to ceiling and stage left to right from all seats in the house (size based on house stage) If clean back wall or full-stage screen is not available, lesser options are possible, but must be discussed. • Minimum 12' from front of stage to rear projection surface OR 9'with ability to build a support for the guitar projector in front of and level with stage. DocuSign Envelope ID:F265958D-5AF1-42E7-B14D-CE7F195845F9 STAGE: Kaki King is the sole performer on stage. She wears all white and sits at a white guitar, which is locked into stands at each end of the instrument. The stands are in turn gaff-taped to the stage floor or weighed down with sandbags, making the guitar suspended in air and completely immobile. A short-throw projector sits on the stage 4' downstage of the guitar and is masked &aligned to the guitar body. VIDEO: The Neck features 2 channels of video from a Macbook performed by a live Video Technician provided by the Artist: • Channel 1: GUITAR_ Real-time, masked video program feeds short-throw projector on stage • Channel 2 BACKDROP. Real-time, full frame video program fills upstage screen. j! pg-t ory r"g-grg.Lrp,rxaonks VlhhrJ@.I..,ag rLstr a~._rap4au0 yla._4 .�Ixi Pr�sv 4s_"Y,4`.I�.Rtr<�gGrmtrars:°.} Artist will travel with projectors that can be used for both video feeds, along with enough cabling for both signals. However, it is much preferable to use an in-house projector and cable runs if venue has in-house projection gear. If in-house video projection gear is available: w Video projector focused to fill upstage backdrop 1024x576 or greater resolution, and a minimum of 5000 lumens a Video technician is typically placed side stage. Please provide cable run from GUITAR PROJECTOR (DSC)to video technician side stage position. (if signal is transcoded, no more than 1 frame delay please) M Please provide cable run from house projector to side stage video technician position for BACKDROP projection (if signal is transcoded, no more than 1 frame delay please) • Side Stage position for Video Tech, minimum 2'xT tabletop, clean 110v AC/60 l5 Amp power with 6 outlets Artist will provide: (2) VGA, DVI-D, or HDMI Program Feeds at 1024x576 Video Technician a Short-throw projector for GUITAR projection a Backup short-throw projector for GUITAR projection or BACKDROP projection in the case of no in-house projector 4 rigging for guitar a drum throne for artist's seating mirror on stand for downstage visual monitor DocuSign Envelope ID. F265958D-5AF1-42E7-B14D-CE7F195845F9 POWER: Please provide a minimum of(4) 20amp circuits in order to separate sound, video, and house power needs. AUDIO: Venue system should include appropriate and professional audio console with playback capability, power amps, equalizers, speakers,and monitors for venue dimensions * Mixing console with a minimum of 8 inputs and 8 outputs a (6) Passive DI boxes (Artist will carry an additional 2 stereo DI boxes for backup) ® 2 stage monitors a Microphone for talkback (wireless preferred) * (2) 30'XLR cables INPUT Channel 1 Video Playback Left DI or straight to board 2 Video Playback Right DI or straight to board 3 Guitar FX Left DI 4 Guitar FX Right DI 5 Little Bits Synth DI 6 Talkback microphone The 6th DI box is used to send and XLR signal directly from KAKI to video technician position, side stage for audio reactive elements in the show. LIGHTS: BASIC LIGHTING OPTION:A general stage wash with overhead and "front of house" electric with at least three color gels (blue, red, and amber) Lights are positioned as to not interfere with the backdrop or guitar projection. Lighting should provide subtle color on Ms. King's sides and shoulders, ADVANCED LIGHTING OPTION: The Neck was developed at a state of the art performance hall, and what follows is the lighting design that was conceived during that experience. This plot is not required, but can be helpful to be seen in advance by an in-house LD if any of these options are available to us. All hanging lights are at a 45-degree angle, up & out Color-changing Lake lights are requested - LED lights are preferred as they will match the color-temperature of the projections and look best on DacuSign Envelope ID_F265958D-5AF1-42E7-1314D-CE7F195845F9 documentation, If these are not available, we would like to have a discussion with the house LD to adapt our lighting plot to conventional lights, We could use color pairs of lights (cooUwarm) to emulate the lighting design, but all lights should be color balanced to DAYLIGHT to match the video. In addition to the hanging lights (DASHED LINES on the SHOW PLOT)there are shins and an upstage backlight on the floor(SOLID LINES on the SHOW PLOT), There is one special for a downstage left position where Kaki King stands to talk to the audience before the encore. 'The Ned Is a fridge to the Body'SHOW PLAT 1husal+","vlmerw7�s unxga5neG5op`"-. F-4'h' � fw.d MAC "`fit'° ,/'ra avk unc r x.o-raoa #•A"F�.YJ tn„.m xaW xa.e 00, 44. e kwbwn..rr Fxiawf®.KaL Wrp rrN'r.1AAl*'rWStn d+m��rggu''dgvice Awi111yM Fru lIq pp II$pylyl,lka'ti11 Gny X.1SM4 +ydM MW IrMs Am Raur Wh1.xmwe A9W r lb®�rOp WolMbnr igeru Miee o-.ldwv my,yn I`'Sv xq.om ylrx..cs.e,uy...m.may gavirern.� .uw mwCurvp,yle4a+»rw rMnw¢ W.wn y.x.na.cx+rbHp. rncm,wewmymd pwa..nx Wndwrn r x brkry q 2mee wW xnp k n Lgrxplx�nrrtA�imaxsT6 pwpvns rxshr� �SaurNii ,H. t. I7A}hrnurelpksruaa I H _ .`...... DocuSign Envelope ID:F255958D-5AF1-42E7-B14D-CE7F195845F9 HOSPITALITY & OTHER CONSIDERATIONS This Rider is to be attached and made part the cotract dated between Kaki King, hereafter referred to as "Artist", and04 a) •(fd t —hereafter referred to as "Purchaser". Please read this rider and refer to it for all questions in regards to Artist's performance. This is an essential part of the agreement and the information contained herein is vital to the performance. Failure to comply with all aspects of this rider will constitute a breach of contract, which may result in Artist cancellation. In the event of cancellation for non-compliance, the Purchaser will be required to pay Artist in full for the guaranteed amount of the performance 1. BILLING: Please note the name of the band is Kaki King. The name of the show is"The Neck Is A Bridge To The Body".Artist shall receive 100% of billing in all media, including print, posters, flyers, radio, television, Internet,trade ads, marquees and any other form of publicity. If the Artist is not the headliner, Artists will receive 75% billing as "special guest" in all advertising and media mentioned above. Purchaser should compile all media and provide copies for the Tour Manager at the time of settlement Please contact artist management in regards to all logos and artwork relevant to Artist, 2. SPONSORSHIP: Artist reserves all sponsorship rights in regard to Performance, There will be no visible sponsorship ads, logos, etc either on or behind the stage, on the wings of the stage, on the soundboard, or on any structure visible to the stage, unless pre-approved by artist management. Please note that Purchaser's sponsors may be in conflict with Artist. If there is any question, please contact artist management not later than two (2)weeks in advance of the above date. 3 PERFORMANCE: The Artist shall retain 100% control of their performance. There will be no soundboard recording or radio or Internet broadcast of the performance without the expressed, written permission of the Artist and their Manager.Artist will control all room lighting (including, but not limited to, neon signs, wall lights, overhead lights, etc.) and music selection from doors until curfew. 4, RECORDING:Artist allows taping as long as the equipment does not obstruct or interfere with anyone else's experience, 5. CAMERAS &VIDEO:Artist allows still photography and video recording as long as the equipment or operator does not obstruct or interfere with anyone else's experience. 6. CANCELLATION:Artist reserves the right to cancel this engagement up to thirty (30) days prior to performance date in the event of motion picture, television, radio show or any publicity event deemed by Management to be in Artist's best interest. Artist is required to provide written notice to Purchaser. Purchaser will be required to pay Artist 100% of guaranteed fee or gross ticket potential on door% for any engagement cancelled by Purchaser 7. FORCE MAJEURE: Artist's obligation to provide the entertainment content referred to in this contract is subject to the detention, prevention of sickness, inability to perform, accident, transportation, Acts of God, riots, labor strikes, labor difficulties, epidemics, or any act or order of a public authority of any cause or in any case that is out of Artist's control. 8 INCLEMENT WEATHER: Notwithstanding anything contained herein, inclement weather shall not be considered a force majeure occurrence. Purchaser is to remain liable for all financial aspects of this agreement even if the performance is cancelled for such reasons. Artist shall retain the sole right to DocuSign Envelope ID. F265958D-5AF1-42E7-814D-CE7F195845F9 determine if prevailing weather conditions render the performance hazardous, unsafe, irresponsible or impossible. 9 VENUE SEATING: Please advance seating arrangement for your show with Vickie Starr (vickie@girlie.ccm) J� C 10, GUEST PASSES: Purchaser agrees to provide Artist with twenty(��complimentary admissions and back stage passes. If the venue has reserved seating, Artists guest shall receive seating in the first five rows. If there is a special''VIP" area, exclusive of the backstage/dressing room area, Artist shall be notified and reserved access for VIP, meet and greets, radio/publicity functions etc, House VIP's will be admitted only if Tour Manager is notified in advance. Artist will provide a print out of the following passes for house security All Access, Guest Access, VIP, After Show and Photo The access level of each will be clear and is to be honored by house security. House security is responsible for the safe passage for any guest between the concert area and backstage or other access areas. Any questions in regards to the passes are up to the sole discretion of the Tour Manager. If there are house passes used by the local promoter, venue, local crew, radio stations etc., house is required to notify Tour Manager immediately as he arrives on site. If Tour Manager is notified at least two(2) hours before doors, all passes other than band passes are null and void. Artist may request a list of all comp ticket holders and pass holders, Purchaser will provide said list at time of settlement. BACKSTAGE FACILITIES, DRESSING ROOMS & HOSPITALITY Purchaser agrees to provide at least one (1) dressing room and one (1)production office with working phone line and Internet connection. Both rooms are for the sole use of artist and should be clean, well list, seasonably air conditioned, with seating for up to 12 people comfortably There should be at least one full-length mirror and a suit rack with hangers. There should be easy and secure access from these rooms to a private bathroom, reserved exclusively for the artist, Bathroom should be fully equipped with paper ill towels, toilet tissue, hot and cold running water an, rs. Tour Manager should be provided with keys ! , to these rooms. They should be secured at all times. During Artist set, there is to be no access to these rooms unless escorted by working crew with All Access laminates. DRESSING ROOM (a)At least six (6)six clean, dry towels, (b) Two (2) nine (9) volt batteries: (c) Comfortable seating, (d) Electrical outlets, (a)wifi access CATERING I HOSPITALITY Purchaser agrees to provide the following at no cost to artist. Times and details are extremely important, and could drastically impair Artist ability to perform. (a) 12 bottles of room temperature bottled water, (b) Hot water kettle with assorted teas, honey, milk and half and half Ceramic coffee cups and utensils. E DocuSign Envelope ID:F265958D-5AF1-42E7-B14D-CE7F195845F9 (c)2 bottles Pellegrino 6._. (d) 8 containers of organic yr urt in various flavors (a)Vegetables, hummysand assorted dips (g) Corn Chips and'UuacamoCe (only fresh guac, if this is not available 2 RIPE avocados will do) (h) Organic)rted mango slices (1) 6 Local%postcards with stamps (international dates included) OR (a) If the venue has food service, two (2) hot meals from the venue's menu ONE HOUR prior to performance. (1) If it's cold tray: deli meats, cheeses, bread (5 grain), etc,.. (2) If it's hat(preferred) fish (tilapia, mahi, tuna), rice, salad with vinaigrette OR (b)A meal buyout($30.00 per person)for two (2) individuals, with the money to be given to the Tour Manager at load-in and not to be deducted from Artist's compensation for the Engagement, or, (c) Two (2) meal vouchers (for festival-type setting). L)l(11 _d(4-- Purchaser Date EI �otu51�8-nh�4 by I ,'1�ta Drl w}S OL 5/10/2018 1 4:51 PDT for Kaki King Date DocuSign Envelope ID:1`255958D-5AF1-42E7-B14D-CE7F195845F9 I I Q B,ii Artist/Prasantar AoreOtrif i This agreement is made this day of February 26, 2018, between City of Kent, Kent Arts Commission (Hereinafter called the "Presenter"), and CADENZA ARTISTS LLC (booking agency), on behalf of Kaki King (hereinafter called the 'Artist"). The parties to this Agreement, each intending to be legally bound, mutually agree as follows: 1. PERFORMANCE: Presenter hereby engages from ARTIST the services of the ARTIST for the performance(s), on the date(s), time(s), and place(s), and for the compensation all as set forth herein, and the ARTIST hereby agrees that the ARTISTS render such services, subject to the terms and conditions set forth herein. 0 Type of Performance(s), Day(s),Time(s), and Places) (Please fill in below if more information is needed) Event: The Neck Is a Bridge to the Body Date. October 19, 2018 Performance Time. 7:30pm Sound Check/Venue Access: TBD Location: Kent-Meridian High School Performing Arts Center Address: Kent, WA Cadenza Advancing Contact: You may email any questions or requests to jl fd, adenzaartists c mr and we will make sure it gets to the correct person, 2. Q QMpENSATICLr4 The Compensation to be paid by the PRESENTER shall be the sum of$4,000.00(Four Thousand US Dollars). PRESENTER agrees to pay a 25% (Twenty Five Percent) deposit in the amount of$ 1,000.00 (One Thousand US Dollars). Deposit shall be made payable to CADENZA ARTISTS, LLC upon the signing of this agreement, or no later than 0 days after contract Is issued. Rerrlaming payment for ARTISI"'s ful services shall be made by bank or certified check made payable and delivered by hind to Kaki King Touring, LLC. on the day of the final'performance, October 22-<-[ 2018. 1/0 Additional terms: In addition to the compensation listed above, PRESENTER agrees to pay for the following items, (a) Per Diem of$30 (Thirty US Dollars) for 2 people, for 2 days. Cadenca Artiste- 12021 Wilshire Blvd- M0 Los Angeles,CA 90025 wvvvv CadenzaArtists_cort� info@cadenzaartists.corn, 310-896-0527 Page i E DocuSign Enveiope ID.F265958D-5AF1-42E7-B14D-CE7F195845F9 III The following forms of payment are accepted: a Online payment options: company credit card via Paypal, Stripe, or ACH bank wire. Additional fees are to be paid by the PRESENTER, if this payment method is chosen. m Checks (University, Company, Bank, or Certified check)shall be made payable to Cadenza Artists LLC and mailed to 12021 Wilshire Blvd N710, Los Angeles, CA 90025. 3. AICCDMM{3DATIPJNS- PRESENTER agrees to purchase or procure accommodations on top of the performance fee, as follows:2 Non Smoking 4 Star he room rooms) with 1 Queen bed(s)within 5,miles of the venue for 2 nights. ty4 )illYct 4. ABRIVAL AND DEPARTCIRE STATUS D Arrival and Departure: PRESENTER does not purchase travel. Ground Transportation: PRESENTER agrees to purchase or procure local transportation on top of the performance fee, as follows: 1 any vehicle for 2 passenger(s)and 2 bag(s) between airport/station, hotel and venue. 5. SPECIAL TERMS (a) Exclusivity Clause:ARTIST will not perform publicly at venues ARTIST/PERFORMER will not publicize or have publicized any other scheduled performance within 90 miles of Kent, WA 60 days before and 60 days after this event 10/19/18 without PRESENTER notification and agreement. (b) Merchandise: Permission to sell merchandise at public performances with full allowance, or according to venue guidelines. PRESENTER agrees to provide a merchandise table, a seller, and change for cash sales, unless otherwise noted to the ARTIST. 15% to venue if Artist sells, 20%to venue if venue sells. (c) Credit to the Agency: All programs print or digital shall have a credit to the agency. Unless otherwise listed in the rider, credit shall be: Kaki King is an artist represented by CADENZA ARTISTS LLC, 12021 Wilshire Blvd #710, Los Angeles, CA 90025r www.Ca nzaA,rtisYs.com. d) Hospitality: Hot meal (dinner) requested before each public performance, plus two water bottles per person in touring party unless otherwise specified in rider or by mutual agreement. (See rider for flood restrictions, it any.) If per diem is being provided, then no additional hospitality is required. (9) Rider: See Rider(attached). Rider Is considered an Integral part of this contract, (f) Comps: PRESENTER agrees to provide ARTIST with six (6) complimentary tickets for each performance. Cadenza Artists 12021 Wilshire Blvd, #710. Los Angeles,CA 90025 www.CadenzaArtlsts.corn- into0cadenzaarilsts,con 310-896-8527 Page 2 DocuSign Envelope ID.F2659581)-5AF1-42E7-B14D-CE7F195845F9 ADDITIONAL PROVISIONS I�RESENTER RESPSI@italTlEs PRESENTER agrees to furnish and fulfill the following requirements set forth below and in any addendum, at its own expense for rehearsal and performance, as needed. (a) All technical, staging, amplification, and backline needs as agreed upon in technical rider, attached here as an addendum (b) Piano(s), properly tuned --if required by the technical rider (c) A microphone on the stage of the venue, and a sound system in good working order, for any talk-back or audience engagement activities required (d) The venue properly lighted, heated, and cleaned for the artists' arrival (e) Any necessary personnel in connection with the rehearsal, performance, merchandise selling, and/or any other contract corollary events, workshops, or appearances agreed to in this contract (f) Suitable dressing rooms for personnel of the ARTIST, with attention to technical rider specification for hospitality needs (g) Space for equipment and personal items, properly securable or monitored by security. PROMOTIONAL MATERIALS. MARKETING.TIGKET SALES CADENZA ARTISTS LLC shall provide the necessary promotional high-res photos, current bios, and other electronic marketing materials upon the signing of this agreement or at a mutually agreed upon time. PRESENTER agrees to use only photographs provided (some photos may be specific to the Program being performed)and shall use the proper photographer credit. PRESENTER is responsible for all costs relating to promotional materials, including but not limited to,the creation of programs and printing, CADENZA ARTISTS LLC and/or ARTIST shall have the right to approve the contents of all advertising, promotional, and publicity materials that the PRESENTER wishes to use. PRESENTER is required to send the concert program (if any is being printed)to CADENZA ARTISTS via email at knfo9caden/aartisks=corm with a minimum of 5 business days to review the program and send any requests for modification before the print deadline. It is the PRESENTER's responsibility to handle marketing and promotion of this contracted event, in the appropriate timing, and pay for all costs thereof. CADENZA ARTISTS Li and the ARTIST have no obligation or liability for ticket sales, LEGAL PROVISIONS TERM This agreement shall stay in effect through and including the business day following the final performance or event, as listed in section 1 above. Cadenza Artists-12021 Wilshire Blvd.k710 Los Angeles,CA 90025 www.CadenzaArtists.com info@cadenzaartists,com. 810-896-8527 Page 3 DocuSign Envelope ID F265958D-5AF1-42E7-614D-CE7F195845F9 1 6' 1R E_e�" —DfiN—T!C'f7NTHA:,TQF TSUi CADENZA ARTISTS LLC warrants that ARTIST is an independent contractor of the PRESENTER and not an employee. As such, CADENZA ARTISTS LLC shall not be responsible for all local, state, and federal taxes and/or surcharges. ARTIST shall have no vacation, sick leave,or disability benefits except as provided by the State of California, under this Agreement. ®AS% NMENT', Neither CADENZA ARTISTS LLC nor ARTISTS may assign or transfer this Agreement or any other rights or obligations hereunder without the mutual written consent of both the Artist and/or the Agent and the Presenter and contains the complete understanding of the parties respecting the subject matter hereof. It is expressly understood and agreed that the Presenter makes no representations or agreements, oral or otherwise,outside the terms of this Agreement which add to, broader,vary, or conflict with the provisions hereof. Any purported outside representations or agreements have no force or effect upon the rights or duties of the Presenter hereunder. No term, provision, or condition of this agreement may be altered,amended, or added except upon the execution of a written agreement by the parties hereto. Any notices provided for herein shall be in writing and shall be personally served or mailed to the Artist and/or Agent at the addresses provided. FfL_I,!�,,,,. apA2QAST10 TELEW&SfoN�TI ARTIST reserves the right to photograph, and/or make video recordings of ARTIST's work, which are marked and restricted solely for archival, study, and/or marketing purposes. Any recording made by the PRESENTER of the ARTIST's work must not be released without the explicit and written consent of the ARTIST. If a recording is made by the PRESENTER, ARTIST shall receive a copy of this recording for archival purposes. Cft!ALTIE$AMP LIC.f_l FEES PRESENTER will be solely responsible for payment of all charges, assessments, royalties, or license fees required to be paid for the right to perform all music performed at the performance(s), whether live performance, film, radio broadcast,television, online distribution, or other form, and/or have blanket licenses with Broadcast Music, Inc. (BMI)and American Society of Composers,Authors and Publishers (ASCAP). CANDELI.ATIDN AND FC3RCE MAJEURE In the event that either the ARTIST or PRESENTER cannot complete the obligations of this agreement for any reason beyond the control of either party, including, without limitation, illness, accident, Incapacity, or death of the ARTIST, or life threatening illness or death of an immediate family member of ARTIST, riots, civil disorder, war, periods of national mourning, the acts or regulations of public authorities, rebellions, strikes, lockouts, bomb threats, fires, floods, tornadoes, hurricanes, or any other Cadenza Artists- 12021 Wi shire,Blvd. #710 Q. Los Angeles,CA 90025 www.CadenzaArtists-com• info@cadenzaartists.com- 310-896-6527 Page 4 DocuSign Envelope MID F265958D-5AF1-42E7-B14D-CE7F195845F9 II national disaster which causes the area in which the concert site is located to be declared a national disaster area exigible for federal aid, or any other Acts of God, all obligations of each party hereunder shall terminate forthwith without recourse to either party, except for reimbursement by the PRESENTER of non-refundable travel expenses incurred by the ARTIST in connection with the cancelled performance. In the event that the performance(s) is cancelled by PRESENTER for any reason other than those described and documented as Force Majeure, ARTIST is to be paid contract fee in full, no later than 30 days after cancellation. In the event of such cancellation, ARTIST shall not be required to perform at any later time, unless mutually agreed upon by both parties and outlined in writing. Also, PRESENTER will reimburse the ARTIST for documented non-refundable expenses have been incurred by cancellation such as, but not limited to, airline change/cancellation fees.Artist will provide documentation of such non-refundable expenses to the PRESENTER within 10 business days after cancellation. In the event that the performances) is canceled by the ARTIST for any reason other than those described and documented as Force Majeure, ARTIST will refund to PRESENTER any deposit paid to the ARTIST. In the event of such cancellation, an alternative performance date may be mutually agreed upon by both parties and outlined in writing, but not required. ENTIRE AGREEMENT This written Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter of this written Agreement, and contains all of the covenants and agreements between the parties with respect thereto. CAYJEORNIA LAWV: FCJRU_M The parties agree that this Agreement shall be governed by and interpreted in accordance with the law of California, and that any disputes arising in connection with the performance of this Agreement shall be settled in accordance with California law.Any action or proceeding to enforce this Agreement, arising out of this agreement, or relating to this Agreement shall be brought exclusively in a court of competent jurisdiction situated in the County of Los Angeles in the State of California.The parties irrevocably waive any challenge to venue or exercise of personal jurisdiction in any court situated in the County of Los Angeles in the State of California in any action relating to this Agreement and waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. Any controversy relating to this Agreement will be resolved in Los Angeles, California by arbitration under the rules of the American Arbitration Association and in accordance with the Californian Arbitration Rules. ODIFICAT4S9NS This Agreement may not be amended, supplemented, or modified or extended except by a written agreement that expressly refers to this Agreement, which is signed by each of the parties hereto. Cadenza Artists- 12021 Wilshire Blvd.#710 Las Angeles,CA 90025 www.CadenzaArtists.com info@cadenzaartots,com• 310-696-8527 Page 5 DocuSign Envelope ID_F265958D-5AF1-42E7-B14D-CE7F195845F9 �I IN WITNESS WHEREOF,the Parties hereto have executed this Agreement the day and year set forth. AGREED a EM3W �PB�Ow}i�a�a ✓'! ✓f z9 d' For Cadenza Artists LLC tAondallerbeck ...,..,,,,, ........... City of Kent, Kent Arts Commission Date: 5/10/2018 � 4:51 PDT Date: , Cadenza Artists LLC City t Kenn, Kent Arts Commission 12021 Wilshire Blvd, #710 Kent, WA Los Angeles, CA 90025 310- 396-8527 rbillerbeck@kentwa.gov irrfc�t;acaclen1aarCirr�•ts�ge}rt1 1 90-0730731012 Cadenza Artists-12021 Wllshirx Blvd.A710. Los Angeles, CA 90025 www.CadenzaArtists.com info�cadenzaa�tists.com 310-896-8527 Paqe 6