HomeMy WebLinkAboutCAG2021-171 - Original - Heart by Heart, LLC - Summer Concert Series: Heart by Heart - 03/30/2021ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee Mayor
Date of Council Approval:
Grant? Yes No
Type:Review/Signatures/RoutingDate Received by City Attorney:
Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? Yes No*
Business License Verification: Yes In-Process Exempt (KCC 5.01.045)
If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
Yes No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
Dir Asst:
Sup/Mgr:
Dir/Dep:
rev. 20210218
FOR CITY OF KENT OFFICIAL USE ONLY
(Optional)
* Memo to Mayor must be attached
N/A
N/A
4
03/29/2021
Original2179819
Parks, Recreation & Community ServicesRonda Billerbeck
07/15/2021
4
4
ASAP
07/15/2021
N/A
4
Other
10006222.64190.4310
ContractHeart by Heart LLC
$2,500.00
N/A
4
4
LH
JP
PERFORMANCE AGREEMENT - 1
(between City and Artist)
PERFORMANCE AGREEMENT
between the City of Kent and
Heart by Heart, LLC
THIS PERFORMANCE AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Heart by Heart, LLC (the “Contractor”), organized under the laws of the State of Washington,
located and doing business at PO Box 82501, Kenmore, WA 98028, (206) 228-8188.
I. DESCRIPTION OF WORK. Contractor shall perform the following event for the City:
Description: Contractor will present one performance as part of the Kent Arts Commission’s
Summer Concert Series.
Start Time/Duration/Stop Time: 7:00 p.m./90 minutes/8:30 p.m.
Day, Date, Year: Thursday, July 15, 2021
Event Location: Lake Meridian Park, 14800 SE 272nd St., Kent
Merchandising: Contractor 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 Artist at the performance. Artist
will provide sales staff and retain 100% of the receipts.
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.
II. COMPENSATION. The City shall pay Contractor the total sum of $2,500.00 for the work to be performed
under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. The full
amount will be paid by the City on the day of the performance and remitted to Heart by Heart LLC at Lake Meridian Park.
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, not less than six (6) weeks prior to the initial event date 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 date(s) and at the time(s) contained in Section I. The City shall also provide ushers, 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:
Venue: City will provide covered outdoor stage.
Sound: City will provide; Contractor will provide technical requirements no later than 60 days prior to
performance date.*
Lights: City will provide general lighting as needed.
Dressing Rooms: None available.
Technical Staff: City will provide sound technician.
*All as specifically described in attachment B.
V. INDEPENDENT CONTRACTOR. 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
PERFORMANCE AGREEMENT - 2
(between City and Artist)
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.
VIII. 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. DISCRIMINATION. In the performance of work under this Agreement or any subcontract, 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.
X. 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 comply with 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.
XI. 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 Contractor 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.
XII. MISCELLANEOUS PROVISIONS.
A. 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.
B. 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 full force and effect.
C. Resolution of Disputes and Governing 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, 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 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 costs 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 as
provided for by this Agreement.
D. 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 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.
E. Assignment. 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.
F. Modification. 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.
G. 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 effective 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
PERFORMANCE AGREEMENT - 3
(between City and Artist)
any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement
shall prevail.
H. Compliance with 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.
I. Counterparts. 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.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date
entered below.
CONTRACTOR:
By:
Print Name:
Its
DATE:
CITY OF KENT:
By:
Print Name:
Its:
DATE:
NOTICES TO BE SENT TO:
CONTRACTOR:
Somar Macek
Heart by Heart, LLC
PO Box 82501
Kenmore, WA 98028
(206) 228-8188 (telephone)
somarmacek@hotmail.com (email)
NOTICES TO BE SENT TO:
CITY OF KENT:
Ronda Billerbeck
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5055 (telephone)
rbillerbeck@kentwa.gov (email)
Lori Hogan (Mar 30, 2021 09:18 PDT)
Recreation and Cultural Services Supt.
3-29-21
Lori Hogan
S. Macek (Mar 30, 2021 11:18 PDT)
S. Macek
Member, Heart By Heart, LLC.
S. Macek
03/30/2021
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
Page 3 of 9
www.heartbyheart.com Contact: Steve Fossen (206) 795-3186 stevefossen@gmail.com Purchaser Initials ___________
HEART BY HEART – Stage Plot V.6 March 2020
EXHIBIT B
Page 4 of 9
www.heartbyheart.com Contact: Steve Fossen (206) 795-3186 stevefossen@gmail.com Purchaser Initials ___________
HEART BY HEART - Patch List – Ver. 4 updated March 2020
INSTRUMENT MIC/DI STAND/NOTES
STAGE
POSITION
1-Kick Beta 52 USC
2-Kick SM91 USC
3-Snare Top SM57 USC
4-Snare Bottom SM 57 USC
5-Hat SM81 USC
6-Rack SM98 USC
7-Floor SM98 USC
8-Ride SM81 USC
9-OH SL SM81 USC
10-OH SR SM81 USC
11-Key L DI XLR STEREO DI (ARTIST’S) DSR
12-Key R DI XLR STEREO DI (ARTIST’S) DSR
13-Bass DI XLR USCL
14-Bass Cab MIC USCL
15-Guitar R XLR DI ON GTR R PEDALBOARD (ARTIST’S) USCR
16-Acoustic XLR XLR DI ON GTR R PEDALBOARD (ARTIST’S) DSCR
17-Guitar L SM57 USL
18-Voc Keys BETA 58 (ARTIST'S) BOOM DSR
19-Voc Guitar R BETA 58 (ARTIST'S) BOOM DSCR
20-WL Voc Lead WL BETA 58
(ARTIST'S) STRAIGHT DSC
21-Voc Bass BETA 58 (ARTIST'S) BOOM DSCL
22-Voc Guitar L BETA 58 BOOM DSL
23-Spare Voc Lead BETA 58 COILED DOWNSTAGE CTR and MUTED DSC
24-House Ambient mic for
IEM mixes DS
EXHIBIT B - pg. 2
Page 5 of 9
www.heartbyheart.com Contact: Steve Fossen (206) 795-3186 stevefossen@gmail.com Purchaser Initials ___________
HEART BY HEART Monitor Quick Guide November 2019
Position Mix # Name Requests In Mix
Stage Right
Guitar+Keys+vocal
1 (IEM) Lizzy SR GTR Voc
KEYS Voc AC. GTR
SR EL. GTR KEYS All other vocals (low) DRUMS BASS
SL EL. GTR (low)
Center Right
Lead Vocal
2 (IEM + 2
wedges
shared
mix)
Somar
("Summer")
Lead Voc
All other vocals (low) AC. GTR (very low) KEYS (very low) Nothing else unless asked for
Center Left
Bass+vocal
3 Steve Bass voc
All other vocals (low) AC. GTR (very low) KEYS (very low) Nothing else unless asked for
Stage Left
Guitar+vocal
4 (IEM) Chad SL GTR Voc
AC. GTR KEYS SR EL. GTR
DRUMS All other vocals (low)
Drums 5 Mike SR EL. GTR SL EL. GTR AC. GTR KEYS NO VOCALS EVER NO BASS EVER
EXHIBIT B - pg. 3
Page 6 of 9
www.heartbyheart.com Contact: Steve Fossen (206) 795-3186 stevefossen@gmail.com Purchaser Initials ___________
Heart By Heart – Additional Tech Requirements/Notes
It is extremely important that a drum riser be provided, as one of the main selling points of the
band is original Heart drummer Mike Derosier. If this is not possible please contact the band at
least 48 hours in advance to discuss options.
Please provide 5 separate monitor mixes.
Keys rig positioning is dependent on size/width of stage, if it is very small it may move to the backline
facing the drum riser (at band’s discretion.) If possible, provide two wedges for lead vocal.
In most cases the band will supply its own vocal mics. Please provide backup vocal mics should there be
any problems.
Please ensure the stage is absolutely clear of cable and/or other clutter especially at the front
around/between wedges where Artist will be moving around. If it is necessary to run any cables across the
middle of the stage they must be neatly gaffed down to avoid any trip hazards.
Backdrop/Logo Projection:
On local shows (Pacific NW) where suitable, band provides a 20’x30’ stage backdrop to be hung from
lighting truss behind drum riser. If backdrop is not workable, logo projection should be arranged.
1. BACKDROP: 30 x 20 ft. 73% textline blow-through scrim.
2. GOBO: 3 gobos available - we carry and provide day of show. ROSCO B-Size Glass Gobo - Can be
put in LECKO to shoot from downstage truss.
3. LOGO Projection: Variety of downloadable files available in advance at band website page
https://www.heartbyheart.com/rider and band will also have USB flash drive with files day of show.
We are aware that projector systems can vary - If you require very specific file types or sizes
please let us know well in advance so we can be prepared.
EXHIBIT B - pg. 4
No backdrop or projection - outdoor show
No drum riser available.
To be determined with Kent Parks Sound Tech
Signature:
Email:
Signature:
Email:
Signature:
Email:
Signature:
Email:
rlashley@kentwa.gov
Julie Parascondola (Apr 2, 2021 13:58 PDT)
Julie Parascondola
jparascondola@kentwa.gov
kkomoto@kentwa.gov
Melissa McCormick (Apr 2, 2021 14:04 PDT)
Melissa McCormick
cityclerk@kentwa.gov
HeartbyHeart_SCS_Contract
Final Audit Report 2021-04-02
Created:2021-03-29
By:Ronda D Billerbeck (rbillerbeck@kentwa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAWEUpAX1d2pTaFCzuibs-V87TzPKN1jft
"HeartbyHeart_SCS_Contract" History
Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov)
2021-03-29 - 10:37:32 PM GMT- IP address: 146.129.252.126
Document emailed to Lori Hogan (lhogan@kentwa.gov) for signature
2021-03-29 - 10:40:52 PM GMT
Email viewed by Lori Hogan (lhogan@kentwa.gov)
2021-03-30 - 4:16:46 PM GMT- IP address: 146.129.252.126
Document e-signed by Lori Hogan (lhogan@kentwa.gov)
Signature Date: 2021-03-30 - 4:18:22 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to tingrumb@aol.com for signature
2021-03-30 - 4:18:25 PM GMT
Email viewed by tingrumb@aol.com
2021-03-30 - 5:05:56 PM GMT- IP address: 67.195.51.152
Document signing delegated to S. Macek (heartbyheartband@gmail.com) by tingrumb@aol.com
2021-03-30 - 6:03:57 PM GMT- IP address: 76.104.179.66
Document emailed to S. Macek (heartbyheartband@gmail.com) for signature
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Email viewed by S. Macek (heartbyheartband@gmail.com)
2021-03-30 - 6:04:30 PM GMT- IP address: 24.17.78.87
Document e-signed by S. Macek (heartbyheartband@gmail.com)
Signature Date: 2021-03-30 - 6:18:49 PM GMT - Time Source: server- IP address: 24.17.78.87
Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature
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Email viewed by Ronald Lashley (rlashley@kentwa.gov)
2021-03-30 - 11:05:37 PM GMT- IP address: 146.129.252.126
Document e-signed by Ronald Lashley (rlashley@kentwa.gov)
Signature Date: 2021-03-30 - 11:11:38 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to Julie Parascondola (jparascondola@kentwa.gov) for signature
2021-03-30 - 11:11:41 PM GMT
Email viewed by Julie Parascondola (jparascondola@kentwa.gov)
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Document e-signed by Julie Parascondola (jparascondola@kentwa.gov)
Signature Date: 2021-04-02 - 8:58:02 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature
2021-04-02 - 8:58:04 PM GMT
Email viewed by Kim Komoto (kkomoto@kentwa.gov)
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Document e-signed by Kim Komoto (kkomoto@kentwa.gov)
Signature Date: 2021-04-02 - 8:59:02 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature
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Email viewed by Melissa McCormick (cityclerk@kentwa.gov)
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Document e-signed by Melissa McCormick (cityclerk@kentwa.gov)
Signature Date: 2021-04-02 - 9:04:06 PM GMT - Time Source: server- IP address: 146.129.252.126
Agreement completed.
2021-04-02 - 9:04:06 PM GMT