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HomeMy WebLinkAboutCAG2022-066 - Original - SRO Artists, Inc. - Spotlight Series: "Ray on My Mind" - 03/25/2023ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingComments: 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 Sup/Mgr: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY * Memo to Mayor must be attached Jan Apple 4 Ronda Billerbeck Parks, Recreation & Community Services 01/17/2022 ASAP N/A 10006222.64190.4310 4 4 N/A Contract 53962 Other 03/25/2023 Other 03/25/2023 4 4 4 $8,500.00 02/22/2022 PERFORMANCE AGREEMENT - 1 (between City and Artist, through Artist’s Agent) PERFORMANCE AGREEMENT between the City of Kent and Ray on My Mind THIS PERFORMANCE AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Ray on My Mind (the “Contractor”), doing business through SRO Artists organized under the laws of the State of Wisconsin, located and doing business at 6629 University Avenue, Suite 206, Middleton, WI 53562-3037, (609) 664-8160 (the "Agent"). I. DELEGATED AUTHORITY. Contractor is an artist who has acquired the services of Agent to manage performance bookings. By signing this Agreement for Contractor, Agent warrants that Contractor has delegated and assigned authority to Agent to contractually bind Contractor to scheduled performances, including the performance(s) provided for herein and under the terms of this Agreement. Agent agrees to defend, indemnify, and hold the City harmless from any and all claims, damages, losses, or suits resulting from any allegation that Agent has exceeded its authority to enter into this Agreement on Contractor’s behalf. II. DESCRIPTION OF WORK. Contractor shall perform the following event for the City: Description: Contractor will present one public performances as part of Kent Arts Commission’s “Spotlight Series.” Start Time/Duration/Stop Time: 7:30 p.m. / approximately 2 hours with 20-minute intermission / 9:30 p.m. Day, Date, Year: Saturday, March 25, 2023 Event Location: Kent-Meridian High School Performing Arts Center, 10020 SE 256th St., Kent, WA 98030 Lodging: City will provide sixteen (16), single-occupancy hotel rooms on the night of Saturday, March 25, 2023. Refreshments: City will provide refreshments and a meal on the day of the performance as specified in the attached rider. Billing: “Ray on My Mind” 100%. “Tribute to Ray Charles” 50%. Artist 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 Contractor’s performance. 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 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. Exclusivity: Contractor shall not appear in general Seattle/Puget Sound market, including King, Pierce, Snohomish and Kitsap Counties, within two-months before or after March 25, 2023, with the exception of venues previously discussed and mutually agreed upon. House seats: City will hold ten (10) complimentary house seats for Contractor, to be released 24 hours prior to curtain if not notified by Artist. 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. III. COMPENSATION. The City shall pay Contractor the total sum of $8,500 for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. An initial deposit in the amount of $2,125 will be paid, by City of Kent check, to SRO Artists Inc. by 3/13/2023. The balance of $6,375 will be paid by the City on the day of the show and remitted to Brawner Brothers Band. However, should restrictions imposed due to the current Coronavirus pandemic require smaller, socially distanced capacity, the parties PERFORMANCE AGREEMENT - 2 (between City and Artist, through Artist’s Agent) agree the compensation due under this Agreement may be reduced upon the mutual agreement by the Contractor and City, which agreement shall be confirmed in writing, though a formal contract amendment shall not be necessary. IV. 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. V. 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 II. 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 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.* 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. *As may be more particularly described in any rider that may be attached and incorporated into this Agreement as Exhibit B. VI. 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. VII. 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. VIII. 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. IX. 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. X. DISCRIMINATION. In the performance of work under this Agreement or any subcontract, the Contractor and Agent 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. XI. 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. XII. 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 PERFORMANCE AGREEMENT - 3 (between City and Artist, through Artist’s Agent) 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. XIII. 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 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. PERFORMANCE AGREEMENT - 4 (between City and Artist, through Artist’s Agent) 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: AnneMarie Martins SRO Artists, Inc. 6629 University Ave., Ste. 206 Middleton, WI 53562-3037 (608) 664-8160 amartins@sroartists.com NOTICES TO BE SENT TO: CITY OF KENT: Ronda Billerbeck City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5055 rbillerbeck@kentwa.gov ATTEST: City Clerk Lori Hogan (Feb 17, 2022 16:21 PST) Lori Hogan Recreation and Cultural Services Supt. 2-17-2022 Jeffrey C Laramie (Feb 18, 2022 09:58 CST) Jeffrey C Laramie 2/18/22 President Jeffrey C Laramie EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. Contract Generated on Thu Feb 17 at 9:15 AM. by JOE SRO Artists, Inc. 6629 University Avenue, Suite 206 Middleton, WI 53562-3037 US www.sroartists.com (608)664-8160 phone (608)664-8161 fax gigs@sroartists.com Contract#: 2022020302 Issued Date: 02/17/2022 Show Date(s): 03/25/23 Page 1 of 2 Sponsor: Kent Arts Commission Artist: Ray On My Mind Agent: AnneMarie Martins Promo Assets (Click) This is a contract for the service of a performing Artist or group of performing Artists (hereinafter referred to as 'Artist'). The Artist and the purchaser of the Artist's services (hereinafter referred to as 'Sponsor') hereby agree as follows: VENUE:Kent-Meridian High School PAC 10020 SE 256th Street Kent, WA 98030 Web: http://www.kentarts.com Box Office: (253)856-5051 Venue Tickets: http://www.kentarts.com CAPACITY:360 SHOW DATE1:Saturday, March 25, 2023 Start: 7:30 PM End: 9:30 PM Stage: Kent-Meridian High School PAC SERVICES:One (1) full performance consisting of two (2) sets with short intermission, an evening with Ray On My Mind. TICKET SCALING:$32 GA; $30 Seniors; $25 youth/students GUARANTEE:$8,500.00 CONDITIONS:PLUS hotel, hospitality and production. BUDGET:N/A LODGING:Sixteen (16) single-occupancy, non-smoking rooms for one (1) night. ARTIST MERCH:85% Artist sells, 80% Venue sells. ADDITIONAL PROVISIONS: ARTIST COMPS: 10; PRODUCTION: provided; HOSPITALITY: provided, per rider (no alcohol); CONTRACT ADDENDUM: City contract required; SRO contract and Artist rider to be included as addendum; SPONSORSHIPS: City reserves right to obtain corporate sponsor(s); RIDER:PERFORMANCE CONTRACT RIDER: RAY ON MY MIND (rev. 9-Nov-2021) CONTRACT DUE:03/31/2022 DEPOSIT DUE:$2,125.00 | Due Date: 03/13/2023 PAYABLE TO: SRO Artists, Inc. TAX ID: 39-1636148 All deposit payments must be made payable to SRO Artists, Inc. by bank wire transfer or in the form of certified, cashier's or University check sent by FedEx or certified other express mail carrier with available tracking number. FINAL PAYMENT:A certified, cashiers or university check, made payable to Brawner Brothers Band for the amount of the balance due shall be given to Artist immediately following performance. TAX ID: 47-3453042 SPONSOR CONTACTS: Please review, correct, and/or complete any blank items, in the contact information below. Talent Buyer Ronda Billerbeck RBillerbeck@kentwa.gov Office: (253)856-5055 Ext: direct Company: Kent Arts Commission, 220 Fourth Avenue South, Kent, WA 98032-5895 Main Phone: (253)856-5050 Mobile: (206)450-7203 Fax: (253)856-6050 Marketing Ronda Billerbeck RBillerbeck@kentwa.gov Office: (253)856-5055 Advance Ronda Billerbeck RBillerbeck@kentwa.gov Office: (253)856-5055 Mobile: (206)450-7203 Tech. Director Dan Mortenson dansoundinc@gmail.com Office: (206)525-2113 Mobile: (206)450-7203 Fax: ______________________ On-Site/Arrival Ronda Billerbeck RBillerbeck@kentwa.gov Office: (253)856-5055 Mobile: (206)450-7203 EXHIBIT B Contract Generated on Thu Feb 17 at 9:15 AM. by JOE SRO Artists, Inc. 6629 University Avenue, Suite 206 Middleton, WI 53562-3037 US www.sroartists.com (608)664-8160 phone (608)664-8161 fax gigs@sroartists.com Contract#: 2022020302 Issued Date: 02/17/2022 Show Date(s): 03/25/23 Page 2 of 2 Sponsor: Kent Arts Commission Artist: Ray On My Mind Agent: AnneMarie Martins Promo Assets (Click) Should formal contracts not be executed on or before 03/31/2022 or should either party fail to provide written notice of cancellation on or before six-weeks from contract date of issue, 02/17/2022, whichever comes first, contract# 2022020302 will be considered a binding engagement contract and the terms of our standard engagement Agreement shall govern and shall be incorporated herein by reference. For any engagement where artist is to receive a percentage over Sponsor's expenses, Sponsor must attach an itemized budget of said expenses. it may be amended only in writing by artist or artist's representative. if the expenditures are less than stated in the attached Contract Budget, and this results in an increase in the amount of the split, the difference will be allotted with the same percentage split as stated on the face of this contract. In the case of percentage situations, the ticket prices may not be varied without prior notification to artist's representative. if any of the ticket prices are varied in any respect, the percentage compensation payable to artist shall be based upon the prices set forth above or upon the actual ticket prices in effect, whichever is higher. Sponsor to provide final Box Office report within one-week of performance. The Agreement of artist to perform is subject to proven detention by sickness, accident, riot, acts of god, or any other legitimate conditions beyond their control, and Artist shall not be responsible for Sponsor's expenses in such event. The content, nature and medium of the program shall be entirely within the discretion of the Artist. No performance shall be recorded, reproduced or transmitted from the place of performance, in any manner or by any means whatsoever, in the absence of a specific written agreement with the Artist or Artist's representative. If Sponsor fails to perform his obligations under this Agreement with regard to the provision of a place of performance, or the payment of compensation, or cancels the engagement without the consent of the Artist, Sponsor shall be liable to Artist for Artist's actual losses, or as liquidated damages and not as penalty, 50% of the above flat fee, whichever is greater. If Sponsor breaches this contract, he shall pay to Artist, in addition to damages, a reasonable attorney's fee. It is agreed that Sponsor shall be held liable for any loss or damage to equipment of Artist due to Sponsor negligence, including but not limited to vandalism, fire, riot, fight, or any acts of nature while said equipment is contained in the place of engagement. Sponsor will obtain such clearances, if any, as required by any musicians union, or other union having jurisdiction of said engagement(s), and will supply and furnish all items and personnel required by such union(s) not specifically agreed (in writing) to be supplied by Artist. Except as specifically set forth herein, in no event shall Artist be held liable for any expense incurred by Sponsor/Venue in connection with Artist's performance, nor shall Artist be entitled to any portion of proceeds from Sponsor's/Venue's related business activities, including, but not limited to, payments to Sponsor/Venue by a third party such as a corporate Sponsor and sales by Sponsor/Venue of food and beverages in connection with Artist's performance. Except as specifically set forth herein, in no event shall Sponsor/Venue be held liable for any expenses incurred by Artist in connection with Artist's performance, nor shall Sponsor/Venue be entitled to any portion of proceeds from Artist's related business activities, including, but not limited to payments to Artist by corporate sponsor and any sales by Artist or Artist's record label of Artist's recorded material and related items to the public at any time. The Sponsor/Venue hereby acknowledges that the agent is executing this Agreement only as an agent for the Artist and is not a party to this Agreement. in addition, Sponsor/Venue understands and agrees that at all times and circumstances the agent is acting herein only as agent for the Artist and is not responsible for any act of commission or omission on the part of either Artist or Sponsor/Venue. in furtherance thereof, and for the benefit of the agent, it is agreed that neither the Artist nor Sponsor/Venue will name or join agent as a party in any civil action or suit arising out of, in connection with, or related to any act(s) of commission or omission of either the Artist or Sponsor/Venue, including any nonperformance by the Artist, arising from or related to this Agreement. The Sponsor/Venue shall indemnify and hold harmless the Artist and the respective successors, assigns, officers, directors, agents and employees of the Artist, from and against any claims, loss, damages, injuries, liabilities, costs and expenses, including reasonable attorneys’ fees and court costs actually incurred, resulting from or arising out of, wholly or in part any negligent act of commission or omission of the Sponsor/Venue, its agents, subcontractors, members or employees. the express obligation shall include without limitation all liability, damages, loss, claims, and actions on account of personal injury, death, property loss, libel, defamation, invasion of privacy or right of publicity, or infringement of copyright or trademark. The foregoing plus attached riders constitute the entire agreement between parties hereto with respect to the subject matter hereof and cannot be changed, altered, modified or terminated, except in writing, signed by the parties hereto. regardless of the place of execution, this Agreement shall be construed in accordance with the laws of the State of Wisconsin. AGREED AND ACCEPTED: Ronda Billerbeck, Cultural Programs Manager Kent Arts Commission 220 Fourth Avenue South, Kent WA 98032-5895 DATE Jeff Laramie, President SRO Artists, Inc. f/s/o Ray On My Mind 6629 University Avenue, Suite 206, Middleton WI 53562-3037 DATE 2/17/2022 PERFORMANCE CONTRACT RIDER: RAY ON MY MIND (revised 9-November-2021) Page 1 of 5 SRO Artists, Inc. http://www.sroartists.com | gigs@sroartists.com PHONE: (608) 664.8160 FAX: (608) 664.8161 PERFORMANCE CONTRACT RIDER: RAY ON MY MIND (revised 9-November-2021) Page 1 of 5 All terms and conditions stated in this rider may be negotiated with Artist or Artist Representative. Any changes to this rider must be made in writing and approved by Artist or Artist Representative. NOTE: Please let us know of any time limitation, curfews or restrictions PRIOR to signing this agreement. I. BILLING Billing for all advertising, marketing materials, announcements, marquees etc., shall be billed as follows: (100%) Ray On My Mind (50%) Tribute to Ray Charles This billing is to be adhered to, for the benefit of both the Sponsor and the band. Band leader's name (featuring Kenny Brawner) may be included on posters, flyers, ads, and other promotional material. II. STAGE A. Stage size shall be minimum 24-feet wide by 16-feet deep. Please indicate Venue Stage Size here: width (feet) : depth (feet) : height (inches). B. Stage must be completely cleared of any excess equipment and swept clean prior to Artists' arrival with the exception of monitors and required cabling. C. At least two (2) 110-volt quad AC boxes per advance. D. If venue is outdoors, stage must be protected from sun, wind and rain. Generators must be of an enclosed crystal- controlled professional type, properly grounded. III. STAGEHANDS / STAFF At least One (1) sound technician and One (1) lighting technician and One (1) monitor technician for venue system. IV. LIGHTS Four-color wash, using at least 16 1k par 64 instruments. Should be run on separate circuit form the sound system. V. SOUND & LIGHTING CHECK LOAD-IN up to four (4) hours prior to start-time and SOUND CHECK no later than three (3) hours prior to doors open. Sample Day-of-Show Schedule: For 8pm Performance - • Transport Artist and Crew (16 total) to the venue, with room for Instruments and Wardrobes. • Load in at 4p (crew assistance if possible for load in/load out) • Sound Check at 4:30p • Dinner at 6p (see section VII. Hospitality) 37'6"27'9" No local ground transportation. PERFORMANCE CONTRACT RIDER: RAY ON MY MIND (revised 9-November-2021) Page 2 of 5 VI.HOUSE SOUND SYSTEM & PRODUCTION BACKLINE All equipment required in this rider must be completely set-up and tested prior to artist/crew’s arrival at the hall. It is extremely important that the entire system is free of hum, ac induced lighting noise, and physical noise from equipment racks. The system must be fully functional with all lines run and tested prior to the artist’s arrival. (15-piece stage ensemble is standard performance format unless specified on contract face) A.A high quality STEREO full range sound system adequately powered and appropriate for the size of the performance space. B.SOUND REINFORCEMENT: 1. MIXING BOARD: One (1) 32-Channel, with effects processing. 2. MONITORS: Seven (7) wedges; minimum four (4) mixes. 3. MICROPHONES: Four (4) handheld wireless microphones for lead and female vocals, AND One (1) stereo mic system for piano, AND Seven (7) mics for horns, AND Three (3) mics for percussion, AND Seven (7) mics for drum set, AND Two (2) mics for guitar and bass amps. 4. DIRECT INPUTS: One (1). C.EQUIPMENT: 1.MUSIC STANDS: 12 professional, adjustable (solid, non-folding), Manhasset or similar, each with stand lights. 2.CHAIRS: Seven (7) armless chairs for horn section. 3.STOOLS: Five (5) armless, backless stools. 4.ALL MIC CORDS, CLIPS, AND STANDS (see input list and stage plot sections below). 5.DRUM RISER: 8' wide by 8' deep by 24” high. D.BACKLINE (the following backline is required) 1.PIANO: Grand or baby grand piano (in order of preference: Steinway, Yamaha or Baldwin) and an adjustable Piano bench. Piano must be noise-free and in perfect working condition, and placed on low stick for performance. Piano must be tuned by a professional tuner on the day of the performance. Piano must NOT be moved between the time of tuning and end of performance. 2.ELECTRIC KEYBOARD: Including adjustable stool, sturdy keyboard stand, and sustain and volume pedal. (preferred: Roland RD700 SX or NX or Yamaha MX88). NOTE: If keyboard not direct to mixing board, then KEYBOARD AMP (preferred: Roland KC 350 or KC 550.) 3.DRUM KIT: One (1) professional level, drum-kit with heavy duty hardware to include: Drums : Five-piece set with snare, toms, and bass; Cymbals : 14” hi-hats, and 16” crash, and 18” crash, and 20" ride; all necessary hardware, including bass drum pedal, throne, and non-slip carpet. 4.BASS AMP: One (1) Gallien Krueger, Ampeg or Hartke. 5.ELECTRIC GUITAR AMP: One (1) Fender Deluxe Reverb, Fender Twin, or Mesa Boogie. 6.CONGAS: Professional grade dual congas with stand. PERFORMANCE CONTRACT RIDER: RAY ON MY MIND (revised 9-November-2021) Page 3 of 5 E.STAGE PLOT/INPUT LIST: NOTE: Input List assignments, Mic Stand size/type, and Mic Clips per advance with Artist Tour Manager. PERFORMANCE CONTRACT RIDER: RAY ON MY MIND (revised 9-November-2021) Page 4 of 5 VII. HOSPITALITY A. DRESSING ROOMS: 1. Two (2) clean, well-maintained Star Dressing Rooms, each with a private clean restroom, and hot & cold running water, and six (6) clean washcloths, and six (6) clean towels. 1 (one) Star room for Kenny and 1 (one) Star room for female Backup Singers 2. Two (2) clean, well-maintained personal Choral Dressing Rooms with twenty (20) clean washcloths and twenty (20) clean towels. Must have iron, ironing board, garment rack(s) and garment steamer. ALL dressing rooms must be available for artists’ sole use, equipped with bathroom, full-sized mirrors, proper lighting for make-up and hair, running water and fresh soap. Dressing rooms must be lockable or guarded to ensure safety of Artists belongings. B. LOAD-IN: Upon load-in, and prior to and during performance, venue to provide refreshments for 16 adults. Please include these minimal comfort items of: Freshly brewed regular coffee, hot water, assorted teas, honey, fresh lemons, fruit juices, assorted regular and diet sodas, bottled water, cheeses, crackers, chips and fresh fruits. (Local specialties always appreciated.) C. BOTTLED WATER: One (1) case for backstage and one (1) case for stage. D. DINNER: CATERING: Hot, balanced Pre-show dinner for sixteen (16) on site at venue or at nearby restaurant. Please avoid red meats (poultry or fresh fish/seafood as main course are preferred). Please avoid fried foods where possible. (Local specialties always appreciated). – OR – BUYOUT: $30 per person buy out ($480). VIII. MERCHANDISING Sponsor shall provide one (1) clean table in a well-lit, high traffic area for merchandise sales and meet & greet after the show. Unless otherwise negotiated, artist will provide seller, and receive 100% of all band merchandise sales. IX. HOTEL If Sponsor is providing lodging, Sponsor will make reservations for Artist at a high quality hotel of at least 3-star rating, with Sixteen (16) single-occupancy rooms. Accommodations shall be non-smoking, and must have private bathroom facilities, high- speed internet, windows that open for fresh air, hot breakfast prior to check-out, and preferably located close to venue. X. TRANSPORTATION ARTISTS MAY EITHER FLY OR DRIVE TO YOUR LOCATION. YOU WILL BE NOTIFIED BY ARTISTS REPRESENTATIVE OF WHETHER GROUND TRANSPORTATION WILL BE REQUIRED. A. IN CASE OF DRIVING TO VENUE: 1. Sponsor will provide a map of performance city and surrounding area. Map must show location of venue, hotel and airport. Also included should be directions to the venue and hotel from the expressway and clear indications of venue loading and parking areas. 2. Sponsor must provide parking permits (discuss with artist mgr. in advance) either at loading dock area or in lot nearest to loading area. 3. Sponsor must provide access to loading dock or main doors nearest to performance stage. B. IF GROUND TRANSPORTATION IS REQUIRED, THE FOLLOWING MUST BE PROVIDED: 1. Two (2) 15-passenger van service capable of transporting artist and crew (16 total adults) with extra room for instruments and luggage. Three backstage classrooms are available, with shared bathrooms. Venue retains 15% if artist provides seller, 20% if venue provides seller. No ground transportation. PERFORMANCE CONTRACT RIDER: RAY ON MY MIND (revised 9-November-2021) Page 5 of 5 XI. INSTRUCTIONS FOR PROMOTER AND STAFF All terms and conditions stated in this rider may be negotiated with Artist or Artist Representative. Artist reserves right to refuse to perform in the event that these conditions have not been met and not negotiated. Such refusal to be without prejudice to Artist’s rights herein, and Artist shall not be held responsible for any claims arising out of Artist’s failure to appear promptly or at all. A. If artist is to headline the show, Artist shall have the right of approval of all other acts on the bill. B. Sponsor agrees that any commitment of personal appearance or interview will be made with prior artist’s consent. Time allowing, the band is generally happy accommodating quality media opportunities. C. Sponsor shall not allow audience to enter concert hall until technical set-up has been completed. Artist shall complete said set-up one (1) hour prior to performance time, provided there are no technical problems beyond their control. Artist reserves the right to hold the concert until satisfied with the sound. D. No background music shall be played before or after the concert without approval of Artist. The band may choose to provide a CD or iPod-type device. E. The Sponsor agrees to PROHIBIT SMOKING in the performance space, on stage and in the dressing room during the set- up, sound check and show. This is a NO-SMOKING show. F. NO recording of performance without prior written consent from the Artist. G. Natural light photos are allowed, no flash please. H. Sponsor shall make available thirty (30) complimentary seats per show to Artists for their use. I. Sponsor shall furnish and supply at his/her sole cost all necessary permits, licenses and authorizations from any and all government agencies, bureaus and departments, Federal, State and local. J. Sponsor agrees to pay all Federal, State and local amusement taxes and to indemnify and hold Artists harmless from payment of such taxes. XII. SUPPORT THAT THE ARTIST CAN PROVIDE IN PROMOTING THE SHOW Publicity: to share your media list and/or obtain any special media requests, contact SRO Artists, Inc. Promotional assets: images/admats, media, etc.http://sroartists.com/ray-on-my-mind/ Artist web sites: Official Web page: http://rayonmymind.com/ Official Facebook profile:https://www.facebook.com/BrawnerBrothers/ XIII. REPRESENTATIVES AND ADDITIONAL CONTACTS: BOOKING AGENT: TOUR MANAGER/SHOW ADVANCE: Jeff Laramie – SRO Artists, Inc. Tim Sanders 6629 University Ave., #206, Middleton, WI 53562 (706)840-0176 (608)664-8160 e-mail: saxman53_98@yahoo.com (608)664-8161 fax e-mail: gigs@sroartists.com BAND LEADER: Kenny Brawner (917)544-2532 e-mail: Brawnerbrothers@gmail.com Agreed and Accepted: Sponsor Signature Date Please print Name, Title: Artist Representative Date Jeffrey Laramie, President – SRO Artists, Inc. f/s/o Ray On My Mind > > > Venue Web-Site Address Venue Box Office Phone Number Charge By Phone (i.e. TicketMaster, etc.) 2/17/2022 Ronda Billerbeck, Cultural Programs Manager Jeffrey C Laramie (Feb 18, 2022 09:58 CST) Jeffrey C Laramie 2/18/22 Signature: Email: Melissa McCormick (Feb 22, 2022 09:07 PST) Melissa McCormick cityclerk@kentwa.gov RayOnMyMind_SpotlightSeries_22_23_Contract Final Audit Report 2022-02-22 Created:2022-02-17 By:Ronda D Billerbeck (rbillerbeck@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAALhCmgOjmVd7Pp37p0vRb_pMFkqsGgbnK "RayOnMyMind_SpotlightSeries_22_23_Contract" History Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov) 2022-02-17 - 8:46:13 PM GMT- IP address: 146.129.252.126 Document emailed to Lori Hogan (lhogan@kentwa.gov) for signature 2022-02-17 - 8:49:20 PM GMT Email viewed by Lori Hogan (lhogan@kentwa.gov) 2022-02-18 - 0:18:01 AM GMT- IP address: 146.129.252.126 Document e-signed by Lori Hogan (lhogan@kentwa.gov) Signature Date: 2022-02-18 - 0:21:33 AM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to joe@sroartists.com for signature 2022-02-18 - 0:21:35 AM GMT Email viewed by joe@sroartists.com 2022-02-18 - 3:12:26 PM GMT- IP address: 24.196.71.218 Document signing delegated to Jeffrey C Laramie (jlaramie@sroartists.com) by joe@sroartists.com 2022-02-18 - 3:13:00 PM GMT- IP address: 24.196.71.218 Document emailed to Jeffrey C Laramie (jlaramie@sroartists.com) for signature 2022-02-18 - 3:13:00 PM GMT Email viewed by Jeffrey C Laramie (jlaramie@sroartists.com) 2022-02-18 - 3:55:50 PM GMT- IP address: 24.196.71.218 Document e-signed by Jeffrey C Laramie (jlaramie@sroartists.com) Signature Date: 2022-02-18 - 3:58:01 PM GMT - Time Source: server- IP address: 24.196.71.218 Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature 2022-02-18 - 3:58:03 PM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2022-02-22 - 4:03:40 PM GMT- IP address: 146.129.252.126 Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date: 2022-02-22 - 4:03:55 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature 2022-02-22 - 4:03:57 PM GMT Email viewed by Melissa McCormick (cityclerk@kentwa.gov) 2022-02-22 - 5:04:11 PM GMT- IP address: 146.129.252.126 Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date: 2022-02-22 - 5:07:07 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2022-02-22 - 5:07:07 PM GMT