HomeMy WebLinkAboutCAG2022-204 - Original - Mint Talent Group, LLC - 2022 4th of July Splash: The Suffers - 07/04/2022ApprovalOriginator: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
04/28/2022 ASAP
N/A
10006220.64190.4330
4
4
N/A
Contract
2481846 Original
07/04/2022
Other
07/04/2022
4
4
4
$3,000
05/20/2022
PERFORMANCE AGREEMENT - 1
(between City and Artist, through Artist’s Agent)
PERFORMANCE AGREEMENT
between the City of Kent and
The Suffers, c/o Mint Talent Group, LLC
THIS PERFORMANCE AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and The Suffers (the “Contractor”), doing business through Mint Talent Group, LLC organized
under the laws of Illinois, located and doing business at P.O. Box 18092 Chicago, IL 60618(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 performance as part of Kent’s Fourth of July Splash.
Start Time/Duration/Stop Time: 1:30 p.m. / 90 minutes / 3:00 p.m.
Day, Date, Year: Monday, July 4, 2022
Event Location: Lake Meridian Park, 14800 SE 272nd St., Kent, WA 98042
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.
III. COMPENSATION. The City shall pay Contractor the total sum of $3,000.00 for the work to be performed
under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. A
deposit of $1,500 will be paid by City check to Mint Talent Group, LLC upon complete execution of the contract. The
balance of $1,500 will be paid by City check to The Suffers on site prior to the performance.
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 covered outdoor stage.
Sound: City will provide; Contractor will provide technical requirements no later than 60 days prior to
performance date.
Lights: N/A
Dressing Rooms: None available.
Technical Staff: City will provide sound technician.
*All as specifically described in attachment 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.
PERFORMANCE AGREEMENT - 2
(between City and Artist, through Artist’s Agent)
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
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.
PERFORMANCE AGREEMENT - 3
(between City and Artist, through Artist’s Agent)
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.
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:
The Suffers, c/o Mint Talent Group, LLC
Michael Morris
P.O. Box 18092
Chicago, IL 60618
312-260-0857 (telephone)
michael@minttalentgroup.com (email)
NOTICES TO BE SENT TO:
CITY OF KENT:
Ronda Billerbeck, Cultural Programs Manager
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5055 (telephone)
rbillerbeck@kentwa.gov (email)
ATTEST:
______________________________________________
Kent City Clerk
Lori Hogan (Apr 29, 2022 10:53 PDT)
Lori Hogan
Recreation and Cultural Services Supt
04/29/2022
Meredith Aleandri (May 19, 2022 18:02 CDT)
Meredith Aleandri
5.18.22
Manager
Meredith Aleandri
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
Contract Number: 438600
Issue Date: Apr 14, 2022
Agent: Michael Morris
P.O. Box 18092, Chicago, IL, 60618, United States | 312-260-0857
Performance Contact made April 14, 2022 between The Suffers, LLC (“ARTIST COMPANY”) furnishing the services of The
Suffers (“ARTIST”) and City of Kent Arts Commission (“PURCHASER”)
PURCHASER engages the ARTIST COMPANY to furnish the services of ARTIST for the engagement (as defined herein) upon all
the terms and conditions herein set forth, including, without limitations, Addendum “A” (Terms & Conditions), the Artist Rider, and
any other ARTIST COMPANY addenda which are attached hereto and incorporated herein by this reference (Agreement).
PURCHASER AND ARTIST COMPANY hereby Agree as Follows:
ENGAGEMENT / VENUE
Artists The Suffers Venue 4th of July Celebration
14800 SE 272nd St
Kent, WA 98030 US
Date Monday, July 4, 2022 Event Outdoor
No. Of Shows 1 Performance Live Set (90 minutes)
Billing Festival Billing Ages All Ages
Announce Schedule
Jul 4, 2022 -- 12:00 PM Set Time TBD
Jul 4, 2022 -- 1:30 PM Set Time The Suffers
Jul 4, 2022 -- 3:30 PM Set Time Speed Control
On Sale
4th of July Celebration
COMPENSATION
Flat Guarantee of $ 3,000.00
ADDITIONAL PROVISIONS
Artist to be paid in full, rain or shine.
Purchaser to provide and pay for backstage catering per Artist rider.
PAYMENTS
Deposit Paid to Mint due 5/19/22 $ 1,500.00
Balance due on site $ 1,500.00
Deposit payable by WIRE TRANSFER to MINT TALENT GROUP
Mint Talent Group, LLC, Account #750011799, at City National Bank, Routing: #122016066; Swift: CINAUS6L
Or Paid by certified / cashier’s check sent to: P.O. Box 18092, Chicago, IL 60618, United States.
Balance to be Paid by cash, money order or cashier’s check Payable to The Suffers, LLC. prior to performance or Artist will not
perform.
MERCHANDISE
100% Soft Goods, 100% Recorded, Artist Sells.
Payment by City Check
Payment by City Check
MA
MA
MA
MA
PRODUCTION
PURCHASER to provide and pay for Sound and Lights, approved by ARTIST.
TICKETING
Tier (7/4/22)Total Comps/Kills Price Total
Free Admission 5000 0 $ 0.00 $ 0.00
Total 5000 0
Gross Potential $ 0.00
Net Potential $ 0.00
Ticketing Fees
Ticket Notes:
CONTACT LIST
ARTIST The Suffers VENUE 4th of July Celebration
Manager:
Meredith Aleandri
415-606-9967
meredith@midcitizen.com
Promoter/Buyer:
Ronda Billerbeck
253-856-5055
RBillerbeck@kentwa.gov
Production:
Dan Mortensen
206-525-2113
Marketing:
Ronda Billerbeck
253-856-5055
RBillerbeck@kentwa.gov
PURCHASER ARTIST COMPANY
Ronda Billerbeck
City of Kent Arts Commission
220 4th Ave
Seattle, WA 98032 US
[sig|req|signer1 ]
X
[date|date|signer1 ]
Meredith Aleandri
The Suffers, LLC
900 Division St
Nashville, TN 37203 US
X
ADDENDUM “A”
ADDITIONAL TERMS AND CONDITIONS
A. COMPENSATION
1) Unless otherwise specified, all payments shall be made in full without any deductions whatsoever.
2) In the event the payment to ARTIST shall be based in whole or in part on receipts of the performance(s) hereunder, PURCHASER agrees to
deliver to ARTIST a certified statement of the gross receipts of each performance within two (2) hours following such performance. ARTIST shall
have the right to have a representative present in the box office at all times and such representative shall have access to box office records of
PURCHASER relating to gross receipts of the Engagement.
3) In the event that the payment of ARTIST’S share of said performance(s) receipts is based in whole or in part upon expenses related to the
Engagement, PURCHASER shall verify by paid receipts, cancelled check or similar documents all such expenses, or they shall not be included as an
expense of the Engagement.
4) In the event the payment to ARTIST does not include a percentage payment, if the actual gross box office receipts from the Engagement exceed
the gross potential as stated on the face of this Agreement or as otherwise agreed in writing between parties, such excess shall be immediately paid
in full to ARTIST in cash.
5) PURCHASER agrees to pay all amusement taxes, if applicable.
6) PURCHASER shall enforce all social distancing and gathering restriction protocols as recommended and/or required by the CDC and Local
State regulations. Guidelines and restrictions are to be re-assessed one week prior to performance. PURCHASER and ARTIST reserve the mutual
right to cancel performance due to COVID-related safety measures. If the Venue is deemed unsafe for ARTIST to perform due to PURCHASER
neglecting to enforce state restrictions and protocols, ARTIST shall no longer have an obligation to perform and shall receive full compensation.
B. TICKETS
1) PURCHASER shall not announce, advertise, promote or sell tickets to the Engagement until authorization in writing has been received
from ARTIST or AGENT.
2) No tickets shall be priced at more than the agreed upon price exclusive of value added tax or other sales-based tax without ARTIST or AGENT
prior approval.
3) If ticket price scaling shall be varied in any respect, the percentage of compensation payable to ARTIST shall be based on whichever of the
following is more favorable to ARTIST: (i) the ticket price scaling set forth on the face page of this Agreement or as otherwise agreed in writing by
the parties, or (ii) the actual ticket price scaling in effect for the Engagement.
4) It is understood that no stage seats are to be sold or used without ARTIST or AGENT prior written consent.
C. BILLING
1) ARTIST shall receive billing in such order, form, size and prominence as directed by AGENT in all advertising and publicity issued by or under
the control of the PURCHASER, including, but not limited to, displays, newspapers, radio and television ads, electric lights, posters, house boards
and announcements.
2) PURCHASER may only use ARTIST’S name and pre-approved: voice, likeness, materials, pictures, photographs, image, or other identification of
ARTIST (collectively, “ARTIST’S Likeness”) in connection with PURCHASER’S advertising and publicizing of the Engagement, however
PURCHASER’S use of ARTIST’S likeness shall not be as an endorsement or indication of use of any product or service and no corporate or
productive/service name or logo shall be included in any such advertising and publicity absent AGENT’S prior written approval in each instance.
Notwithstanding the foregoing, the placement, form, content, appearance, and all other aspects of PURCHASER’S use of ARTIST’S likeness shall at
all times be subject to the prior written ARTIST or AGENT approval.
D. MERCHANDISING
ARTIST shall have the exclusive right to sell souvenir programs, books, photographs, recordings and any and all types of merchandise including,
but not limited to, articles of clothing (i.e. T-shirts, hats, etc.), posters, stickers, etc., on the premises of the place(s) of performance without any
participation in the proceeds by PURCHASER subject, however, to concessionaire’s requirements, if any, as specified on the contract face in this
Agreement.
E. FACILITIES / EQUIPMENT / STAFF
1) PURCHASER agrees to furnish at its sole cost and expense on the date(s), time(s) and place(s) of the performance(s) all that is necessary for the
proper and lawful presentation of the Engagement, including, without limitation, a suitable venue, well-heated or cooled as per prevailing
conditions, ventilated, lighted, clean and in good order, stage curtains, properly tuned grand piano or pianos (if required) and all necessary first class
sound equipment in perfect working condition including amplifiers, microphones in number and quantity required by ARTIST, dressing rooms
(clean, comfortable, properly heated and air-conditioned and near the stage), all necessary electricians and stage hands, all necessary first class
lights, tickets, house programs, all licenses (including musical performing right licenses), special police, ushers, ticket sellers, ticket takers,
appropriate and sufficient advertising in all media and PURCHASER shall pay all other necessary expenses in connection therewith.
2) PURCHASER shall also provide at its sole cost and expense all necessary equipment for the Engagement hereunder as provided on the face of
the agreement, or as designated in the attached ARTIST Rider, unless otherwise agreed by ARTIST and PURCHASER in writing.
3) PURCHASER shall comply with all regulations and requirements of any union(s) that may have jurisdiction over any of the said materials,
facilities and personnel to be furnished by PURCHASER and ARTIST.
4) If ARTIST so requires, PURCHASER will furnish at its expense all necessary facilities, electricians, stagehands and other personnel for lighting
and dress rehearsals. PURCHASER shall furnish at its own expense all other items and personnel including, but not limited to, any and all personnel,
including musicians, as may be required by any national or local union(s) required for the proper presentation of the performance hereunder, and any
rehearsals therefore, except for those items and personnel which ARTIST herein specifically agrees to furnish.
5) PURCHASER shall ensure compliance with all applicable requirements of laws and regulations as to health and safety, licensing, insurance,
hygiene, fire, access, egress, security, and generally relation to the performance(s) and the venue(s) and the venue(s) for such performances(s).
F. PRODUCTION CONTROL
1) ARTIST shall have the sole and exclusive creative control over the production and presentation of ARTIST’S performance at the Engagement
hereunder, including, but not limited to, the details, means and methods of the performance of the performing artist’s hereunder, and ARTIST shall
have the sole right, as ARTIST may see fit, to designate and change at any time the performing personnel other than the ARTIST herein specifically
named.
2) ARTIST shall at all times be the headline act and will be the closing act of each show, unless otherwise specified herein.
2
3) PURCHASER agrees that no performers other than those to be furnished by the ARTIST hereunder will appear on or in connection with the
Engagement hereunder unless otherwise agreed in advance. Any supporting acts require ARTIST advance approval or remain subject to
cancellation.
4) PURCHASER agrees that no other Engagement outside of the agreement contained hereunder to occur on the same date at the same
facility/venue, unless otherwise agreed by ARTIST or AGENT in advance. No separate matinee or early or late shows whatsoever, unless otherwise
agreed by ARTIST or AGENT in advance. ARTIST RESERVES THE RIGHT TO CANCEL FOR PAYMENT IN FULL AT ANY TIME IF
SUCH CONDITIONS ARE NOT FOLLOWED OR DISCLOSED, INCLUDING UPON ARRIVAL DAY OF SHOW.
5) PURCHASER agrees to promptly comply with ARTIST’S directions as to stage settings for the performance hereunder.
G. NO RECORDING/BROADCAST
PURCHASER shall not itself, nor shall it permit or authorize others (including, without limitation, PURCHASER or venue employees,
representatives or contractors) to record, broadcast, televise, film, photograph, webcast, or otherwise reproduce the visual and/or audio
performances hereunder (or any part thereof) and/or ARTIST and/or ARTIST’S personnel at any time during the Engagement for any purpose,
archival or otherwise. In the event PRODUCER does so grant any of the aforementioned rights, such rights shall be subject to a separate written
agreement and PURCHASER shall be responsible, at PURCHASER’s sole cost and expense, for securing any and all necessary third party rights,
licenses, clearances, and permissions (including, but not limited to, all necessary publishing and record label clearances) required in connection
with PURCHASER’s capture and/or exploitation of the same. Notwithstanding the foregoing, and further to any additional obligations of
PURCHASER to indemnify PRODUCER/ARTIST contained in this Agreement, PURCHASER shall indemnify and hold harmless PRODUCER
and ARTIST from any and all damage(s) it, or they, may sustain as a result of PURCHASER’s failure to comply herewith.
H. EXCUSED PERFORMANCE
If, as the result of a Force Majeure Event (as defined below), ARTIST is unable to, or is prevented from, performing the Engagement or any portion
thereof or any material obligation under this Agreement, then ARTIST’S obligations hereunder will be fully excused, there shall be no claim for
damages or expenses by PURCHASER, and PURCHASER shall bear its own costs and expenses in connection with this Agreement.
Notwithstanding the foregoing: (i) PURCHASER shall be obligated and liable to ARTIST for such proportionate amount of payment provided for
therein as may be due hereunder for any performance(s) which ARTIST may have rendered up to the time of the inability to perform by reason of
such Force Majeure Event; and (ii) in the event of such non-performance as a result of a Force Majeure Event, if ARTIST is present, ready, and
willing to perform (but for the occurrence of such Force Majeure Event), then PURCHASER shall nevertheless pay ARTIST an amount equal to the
full guarantee plus all other payments and compensation due hereunder. For clarification, in the event of cancellation due to any Force Majeure
Event, and whether or not ARTIST is ready, willing to perform, PURCHASER shall remain responsible for all transportation, accommodations,
expense reimbursements and any other payments or compensation for ARTIST and entourage pursuant to the terms of this Agreement.
A “Force Majeure Event” shall mean any one or more of the following acts which makes any performance(s) by ARTIST contemplated by this
Agreement impossible, infeasible or unsafe: act(s) of God; act(s) of regulation(s) of any public authority or bureau, civil tumult, epidemic, act(s) of
the public enemy; act(s) or threats of terrorism; threats; insurrections, riots or other forms of civil disorder in, or around, the Engagement venue or
which ARTIST reasonably believe jeopardizes the safety of ARTIST, any of ARTIST’S equipment, musicians or other performers, or any of
ARTIST’S key personnel,; embargoes; labor disputes (including, without limitation, strikes, lockouts, job actions, or boycotts); fires; explosions;
floods; shortages of energy or other essential services; failure of technical facilities; failure or delay of transportation; death; disability, illness, injury
or other inability to perform of ARTIST, any of ARTIST’S musicians, other performers, crew, representatives or advisors, any of ARTIST’S family
members, or any other person personally known to ARTIST whose death, disability, illness or injury adversely impacts ARTIST’S ability to perform
in connection with the Engagement; or other similar or dissimilar causes beyond the control of ARTIST which make any performance(s)
contemplated by this Agreement impossible, infeasible or unsafe.
3
I. INCLEMENT WEATHER
Notwithstanding anything contained to the contrary herein, inclement weather shall not be deemed a Force Majeure event and PURCHASER shall
remain liable for payment to ARTIST of the full guarantee plus all other compensation due hereunder if the performance(s) called for herein is
prevented by such weather conditions, regardless of which party (ARTIST or PURCHASER) cancels the Engagement. For clarification,
PURCHASER shall remain responsible for all other terms and conditions of this Agreement, including, without limitation accommodations,
transportation, and expense reimbursements for ARTIST and touring party. ARTIST shall have the sole right to determine in good faith whether
any weather conditions shall render the performance(s) impossible, infeasible, hazardous or unsafe.
J. ARTIST’S RIGHT TO CANCEL
PURCHASER agrees that ARTIST may cancel the Engagement hereunder without liability by giving the PURCHASER notice thereof at least
thirty (30) days prior to the commencement date of the Engagement hereunder. Upon termination of the Agreement in accordance with this Section
G, ARTIST shall return to PURCHASER any deposit previously received by ARTIST or AGENT in connection with the Engagement. Subject to
the foregoing, upon such termination, the parties shall have no further rights or obligations hereunder, and each of the parties shall bear its own
costs incurred in connection with this Agreement.
K. PURCHASER DEFAULT
1) In the event PURCHASER refuses or neglects to provide any of the items herein stated or comply with any provisions hereunder, and/or fails to
promptly make any of the payments as provided herein and/or fails to proceed with the Engagement and/or fails to furnish ARTIST or AGENT with
any documentation, tickets or notice or proof thereof as required hereunder, at the times herein specified, then any such failure shall be deemed a
substantial and material breach of this Agreement and ARTIST shall have the right (in ARTIST’S sole discretion), without prejudice to any other
rights and remedies to: (i) immediately terminate this Agreement and cancel any or all remaining Engagement hereunder; (ii) retain all amounts
already paid to ARTIST by PURCHASER as partial compensation for such breach; (iii) receive the full GUARANTEE (or unpaid balance thereof)
plus all other payments and other compensation due pursuant to this Agreement and all out of pocket expenses incurred by ARTIST in connection
with the Engagement or the transactions contemplated by this agreement; and (iv) ARTIST shall have no further liabilities and/or obligations in
connection with the Engagement or the transactions contemplated by this Agreement. For the avoidance of doubt, in all instances PURCHASER
shall remain responsible for all transportation, accommodations, and expense reimbursements for ARTIST and entourage pursuant to the terms of
this Agreement.
2) If, on or before the date of any scheduled Engagement, PURCHASER has failed, neglected, or refused to perform any contract with
AGENT/ARTIST, and/or any contract with any third party relating to this Engagement, and/or any other contract with any other performer for any
other engagement (whether or not related), or if the financial standing or credit of PURCHASER has been impaired or is in ARTIST or AGENT’S
opinion unsatisfactory, ARTIST shall have the right to demand payment of the full GUARANTEE and all other compensation due pursuant to this
Agreement. If PURCHASER fails or refuses to make such payment forthwith, then any such failure shall be deemed a substantial and material
breach of this Agreement, and ARTIST shall have the right (in ARTIST’S sole discretion), without prejudice to any other rights and remedies, to: (i)
immediately terminate this Agreement and cancel any or all remaining Engagement hereunder; (ii) retain all amounts already paid to ARTIST or
AGENT by PURCHASER as partial compensation for such anticipatory breach; (iii) receive the full GUARANTEE (or balance thereof) and all
other compensation due pursuant to this Agreement and all out of pocket expenses incurred by ARTIST in connection with Engagement or the
transactions contemplated by this Agreement; and (iv) ARTIST shall have no further liabilities and/or obligations in connection with the Engagement
or the transactions contemplated by this Agreement. For the avoidance of doubt, in all instances PURCHASER shall remain responsible for all
transportation, accommodations, and expense reimbursements for ARTIST and entourage pursuant to the terms of this Agreement.
L. INSURANCE/INDEMNIFICATION
1) PURCHASER shall obtain and maintain, from the date hereof through completion of the Engagement, public and comprehensive general liability
insurance coverage in an amount of not less than Five Millions Dollars ($5,000,000) per occurrence (but in no event in amounts less than the limits
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required but the venue and/or as set forth in the ARTIST Rider, if any) indemnifying and holding ARTIST and ARTIST’S traveling party and
ARTIST’S respective officers, directors, principals, agents, employees and representatives, harmless from claims and/or actions by any and all
persons who suffer death, personal injury or property damage during or incidental to any performance given under this Agreement or arising out of or
in connection with this Agreement. The foregoing policies maintained by PURCHASER shall contain a waiver(s) of subrogation with respect to the
ARTIST and their respective officers, directors, principals, agents, employees and representatives, and each policy shall contain all appropriate riders
and endorsements. PURCHASER will provide evidence of the existence of the insurance coverage referred to herein by naming ARTIST, and their
respective officers, directors, principals, agents, employees and representatives, as “additional insureds” and providing ARTIST with originals or
copies of certificates of insurance so reflecting and providing that ARTIST shall be notified in writing by the insurance carrier of any change or
modification in the policy, not less than fifteen (15) days prior the effective date of such change. ARTIST’S failure to request, review or comment on
any such certificates shall not affect ARTIST’S rights or PURCHASER’S obligations hereunder.
2) Without limiting the generality of the foregoing, PURCHASER hereby indemnifies and holds ARTIST, as well as their respective agents,
representatives, principals, employees, officers and directors, harmless from and against any loss, damage or expense, including, without limitation,
reasonable attorney’s fees, incurred or suffered by or threatened against ARTIST or any of the foregoing in connection with or as a result of any
claim for death, personal injury or property damage or otherwise brought by or on behalf of any third party person, firm or corporation as a result of
or in connection with the Engagement, or any acts or omissions of PURCHASER or its employees, agents, or other representatives in connection
with the transactions contemplated by this Agreement, which claim does not directly result from the gross negligence of the ARTIST.
M. LIMITATION OF LIABILITY
In no event shall ARTIST (nor any of their respective agents, representatives, principals, employees, officers, directors and affiliates) be liable to
PURCHASER (or any third party) for any indirect, incidental, consequential, special, punitive (or exemplary), or any similar damages, including,
without limitation, lost profits, loss of revenue or income, cost of capital, or loss of business reputation or opportunity, as to any matter under,
relating to, or arising out of the Engagement or the transactions contemplated by this Agreement, whether in contract, tort or otherwise, even if
ARTIST has been advised of the possibility of such damages. Under no circumstances shall the liability of ARTIST (or any of their respective
agents, representatives, principals, employees, officers, directors and affiliates) exceed, in the aggregate, an amount equal to the lesser of (i) the
amount of reasonably necessary out-of-pocket expenses directly incurred by PURCHASER in connection with the Engagement; or (ii) the amount
of the GUARANTEE which ARTIST have actually received in accordance with the terms of this agreement. PURCHASER agrees that it shall not
(and shall cause its affiliates not to) seek indirect, incidental, consequential, special, punitive (or exemplary), or any other similar damages as to any
matter under, relating to, or arising out of the Engagement or the transactions contemplated by this Agreement.
N. CONFIDENTIALITY
PURCHASER agrees that the terms of the Contract are strictly confidential. Accordingly, PURCHASER shall not disclose the terms or contents of
the Contract to any third parties unless (i) the other party agrees in writing to the disclosure, or (ii) disclosure is absolutely required by applicable law
or court order. The parties hereby agree that each party may disclose the terms of the Contract and to its agents, employees, legal representatives or
financial advisors as my be necessary in fulfilling the terms hereof. In addition to the foregoing, ARTIST has advised PURCHASER, and
PURCHASER hereby acknowledges, that ARTIST’s privacy is highly valued and requires all efforts be made to maintain confidentiality with
respect to all information and material of every kind concerning ARTIST, ARTIST’S business, and ARTIST’s professional and personal lives,
activities and affairs (collectively, “Sensitive Information”), other than information or material publicly and intentionally disclosed by ARTIST.
PURCHASER agrees that all Sensitive Information shall be deemed to be confidential, private, secret and sensitive, and shall be kept confidential
and secret by PURCHASER. PURCHASER shall not, at any time, (a) disseminate, publish, state or in any other manner disclose any Sensitive
Information which comes to the attention of or is derived by PURCHASER as a result of the Engagement or otherwise, subject to any disclosure
which PURCHASER may be required to make by judicial process from a court of competent jurisdiction or otherwise as a matter of law; (b) give
any interviews (whether oral or written) concerning Sensitive Information without ARTIST’S prior written consent; (c) write or prepare, or assist in
the preparation of any books, articles, programs, or other oral or written communications which concern or discuss Sensitive Information; or (d) take
any action, or make any remarks, that may harm or disparage ARTIST or ARTIST’S reputation or public image. For purposes of this paragraph,
“PURCHASER” shall include its employees, agents and independent contractors.
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O. NOTICES
All notices required hereunder shall be given in writing at the address stated in the preamble of this Agreement.
P. CONTROLLING PROVISIONS
In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any riders, addenda, exhibits or any
other attachments hereto, the parties agree that the provisions most favorable to ARTIST shall control.
Q. ROLE OF AGENT
Mint Talent Group acts only as an agent for ARTIST and assumes no liability hereunder and it is agreed that neither PURCHASER nor ARTIST
will name Mint Talent Group or any of its officers, directors, principals, agents, employees and representatives as a party in any civil action or suit
anywhere in the world, arising out of, in connection with or related to any acts of commission or omission pursuant to or in connection with this
Agreement by either PURCHASER or ARTIST.
R. MISCELLANEOUS PROVISIONS
1) PURCHASER shall not commit ARTIST to any interviews, promotional appearances. Meet & Greets, photo opportunities or otherwise
without ARTIST’S prior, written consent, which shall be given or withheld at ARTIST’S sole discretion.
2) PURCHASER shall not commit to any stage introductions whether from PURCHASER themselves or media presenter, DJ/celebrity personality,
without ARTIST’S prior, written consent.
3) Nothing in the Agreement shall require the commission of any act contrary to applicable law or to any rules or regulations of any union, guild or
similar body have jurisdiction over the services and personnel to be furnished by ARTIST to PURCHASER hereunder. In the event of any conflict
between any provision of the Agreement and any such law, rule or regulation, such law, rule or regulation shall prevail and this Agreement shall be
curtailed, modified, or limited only to the extent necessary to eliminate such conflict.
4) This (and any of ARTIST’S riders, addenda, exhibits or attachments hereto) constitutes the sole, complete and binding agreement between the
parties hereto, and may not be amended, supplemented, altered or discharged except by an instrument in writing signed by the parties. If any part of
the Agreement is determined to be void, invalid or unenforceable, such invalid or void portion shall be deemed to be separate and severable from the
other portions of this Agreement, and the other portions shall be given full force and effect, as though the void and invalid portions or provisions
were never a part of this Agreement.
5) This Rider and Contract shall be deemed made and entered into in the State of Illinois and shall be governed by the laws of such State applicable
to contracts entered into and wholly to be performed therein. The State or Federal courts located in Chicago, IL shall have exclusive jurisdiction
over any disputes arising hereunder and the parties hereto agree to submit to the jurisdiction of these courts. In such an event, the prevailing party to
such dispute shall have the right to be reimbursed by the other party for its reasonable attorneys’ fees.
6) PURCHASER shall not have the right to assign or transfer this Agreement, or any provision thereof.
7) The waiver of any breach of any provision of this Agreement shall not be deemed a continuing waiver, and no delay in exercise of a right
shall constitute a waiver.
8) Nothing herein contained shall ever be construed as to constitute the parties hereto as a partnership, or joint venture, nor to make ARTIST liable
in whole or in part for any obligation that may be incurred by PURCHASER, in PURCHASER’S carrying out any of the provisions hereto, or
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otherwise.
9) The terms “ARTIST” and PURCHASER” as used herein shall include and apply to the singular and the plural and to all genders.
10) There shall be NO charge backs to ARTIST of any kind (including, but not limited to in relation to labor and/or production costs) under any
circumstances unless such charge back is expressly agreed to and pre-approved in writing by ARTIST or AGENT.
11) THE PERSON EXECUTING THIS AGREEMENT ON PURCHASER’S BEHALF WARRANTS HIS/HER AUTHORITY TO DO
SO, AND SUCH PERSON HEREBY PERSONALLY ASSUMES LIABILITY OF THE PAYMENT OF SAID PRICE IN FULL.
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SPRING 2021 CONTRACT RIDER
Manager: Meredith Aleandri Meredith@Midcitizen.com +1 (415) 606-9967
PLEASE COPY:TheSuffersTX@GMAIL.COM and Meredith@Midcitizen.com
Show Logistics/TM: Meredith Aleandri MEREDITH@MIDCITIZEN.COM
TECH CONTACT: Jose “Chappy” Luna - josevluna88@gmail.com- 713-449-0960
Additional DOS Contact: Michael Razo 832-439-7302
Publicity:MEREDITH@MIDCITIZEN.COM
Initial here: _____________
EXHIBIT B
GENERAL TERMS
Compensation:Buyer will present a COMPANY or CASHIER’S CHECK made payable
to “The Suffers, LLC” directly after the performance.
Security:Buyer shall guarantee proper security at all times to ensure the safety and
privacy of the Artist, Artist Crew and Guests, all equipment, and personal property from
the beginning of load-in until the completion of load-out. Buyer will be held financially
responsible for loss due to lack of proper security.
Billing/PR:Artist’ name must appear with the appropriate billing in all advertising and
must be mentioned in all radio spots. Billing is as follows:
The Suffers
Please contact Meredith (Meredith@Midcitizen.com) for interviews or quote.
Merchandise:Artist requires well-lit merchandising area with table and table cloth/skirt.
Unless stipulated otherwise in Contract, Artist will sell all merchandise and retain all
proceeds.
Parking:Well lit, FREE parking for a 15-passenger van and 12’ trailer (typically 5
adjacent standard parking lot spaces) allowing room to load out of rear MUST be
provided in close proximity to the venue and be available from load-in to load-out.
Insurance:Buyer or Venue must carry public liability and property damage insurance
with sufficiently high limits to adequately insure against bodily injury, death, or loss of- or
damage to property in connection with the performance. Buyer and/or Venue will also
indemnify Artist against any and all loss, damage, and/or destruction occurring to Artist,
Payment by City Check MA
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their employees, contractors, agents, and equipment at the venue, including but not
limited to damage or destruction due to acts of god.
A minimum of 10 complimentary tickets must be made available to the Artist. Guest
lists will be provided on the day of performance. Please advance with Artist if box office
logistics require submission of list sooner than day of show. An additional 5
complimentary tickets must be made available to Artist Management upon request for
Media or VIP guests.
Tour Manager or Artist Representative shall have reasonable access to the box office or
ticketing area and shall be provided with verifiable ticket sales or attendance counts
upon request.
Initial here: _____________
HOSPITALITY
On Stage:
Eighteen (18) bottles of water Nine (9) terry cloth towels (preferably black or darker color)
Off Stage:
Private greenroom area with reasonable space and seating for twelve mid- to large-sized
humans and our bags
Private restroom and shower facilities
Sturdy clothing rack for hanging garments and clothing steamer
Full-length mirror and well-lit dressing area
***On odd days of the month:
Please have waters and hospitality available at Soundcheck
Twenty four (24) bottles of water
Two (2) 1-gallon jugs of alkaline water (spring water can be substituted)
Six (6) small cans of pineapple juice (room temperature)
Eight (8) cans of Redbull
Six (6) small bottles of Gatorade
Twelve (12) bottles of chilled sparkling water (Topo Chico preferred)
Thirty six (36) cans or bottles of chilled local or regional beer
Bottle opener
One (1) 750ml bottle of decent vodka
Outdoor venue - no green room or related amenities.
Public park/alcohol prohibited.
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One (1) 750ml bottle of decent tequila
One (1) large bottle of juice (Grapefruit juice, Cranberry Juice, etc. – for mixing w/ vodka) One
(1) bottle of Clamato, V8, or Tomato juice
Four (4) Lemons cut into wedges (if whole, please provide knife and cutting board)
One (1) small bottle of Tabasco hot sauce
Shakers or Packets of Salt and Pepper
Hot Water/Kettle set up with assorted tea bags (please include Chamomile) & local honey Fresh
coffee service (no decaf)
Fresh fruit and vegetable tray (local/organic preferred)
Four (4) Red Honeycrisp Apples
One (1) can of salted Cashews
Assorted meats (cured, dried, smoked, sliced, etc.)
Assorted cheeses (preferably something from the region)
Fresh breads or crackers
Two (2) bags of chips/crisps
One (1) small piece of ginger root
One (1) jar of peanut butter
One (1) jar of organic fruit preserves
One (1) loaf of whole wheat bread
Your favorite local snack/treat/candy/delicacy
Twelve (12) AA Batteries
One (1) box or soft pack of Kleenex
If available and appropriate in your city/state, a small quantity of cannabis for after the show
would be greatly appreciated.
At the conclusion of sound-check:
Nine (9) hot meals or meal buyout (please advance this w/ TM)
Outdoor community event with limited capacity.
We are limited to providing water and some specialty
beverages for hospitality.
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(CONT.)
Initial here: _____________
***On even days of the month:
Please have waters and hospitality available at Soundcheck
Twenty four (24) bottles of water
Two (2) 1-gallon jugs of alkaline water (spring water can be substituted)
Six (6) small cans of pineapple juice (room temperature)
Six (6) cans of Redbull
Six (6) bottles of organic coconut water
Twelve (12) bottles of chilled sparkling water (Topo Chico preferred)
Thirty six (36) cans or bottles of chilled local or regional beer
Bottle opener
One (1) large bottle of Coke
One (1) Bottle or pitcher of fresh-squeezed orange juice
One (1) 750ml bottle of decent tequila or whiskey (specific to your region is even better!)
Hot Water/Kettle set up with assorted tea bags (please include Chamomile) & local honey Fresh
coffee service (no decaf)
Small package of instant coffee
Cream, sugar, and stirrer (spoons are fine) for the coffee
Four (4) Red Honeycrisp Apples
Assorted fresh (local/organic preferred) vegetables and fruit (Please no broccoli if we can avoid
it)
One (1) can of mixed salted nuts
Assorted meats (cured, dried, smoked, sliced, etc.)
Assorted cheeses (preferably something from the region)
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Fresh breads or crackers
Two (2) bags of chips/crisps
One (1) small piece of ginger root
Twelve (12) assorted organic protein snack bars
Your favorite local snack/treat/candy/delicacy
Twelve (12) AA Batteries
One (1) box or soft pack of Kleenex
If available and appropriate in your city/state, a small quantity of cannabis for after the show
would be greatly appreciated.
At the conclusion of sound-check:
Nine (9) hot meals or meal buyout (please advance this w/ TM)
I have read and accepted the information contained on all pages of this contract rider
____________________________________________________ ______________
Signature Date
Initial here: _____________
4/15/2022
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Technical Rider for 2021 Drive Dates
This rider is current as of 9/21/2021
Please disregard any technical information you have received predating this one
ALL TECHNICAL PRODUCTION - Jose “Chappy” Luna -josevluna88@gmail.com- 713-449-0960
Please copy Meredith@Midcitizen.com
The Suffers are an 8 piece band that sometimes travel with 1 additional background vocalists
What we are providing:
- (2) Rolling racks that house a rack mounted, 32 channel analog split and monitor console (Midas M32C)
Both IEM’s and wedges will be mixed by the band via iphones or ipads from the stage. Our monitor racks are on
wheels and take up a 4'x8’ area. The split has a 6' loom to go into your house snake. Please make sure there is
enough space for the racks on deck and within 6’ of your house snake.
- PHANTOM POWER IS SUPPLIED FROM THE HOUSE CONSOLE
- (4) Wireless Sennheiser IEM units
- (2) Wireless Shure vocal microphones
- We will be traveling with some of our own instrument mics, but please provide enough industry standard mics and
di’s to accommodate our input list
What we need from you:
HOUSE FOH & MONITOR ENGINEERS
- (4) professional quality, properly powered monitor wedges. 10”X2” drivers minimum.
- (1) professional quality, properly powered drum sub. Single 18” minimum.
- (3) 12 channel, quality sub snakes, (2) upstage (1) downstage. Clean stage is a happy stage.
- Enough stands and xlr to accommodate our input list in addition to the requirements of any openers
- (2) circuits of clean 120v AC with 4 power drops on stage all with clean ground and consistently reading 120v
Front Of House
At NO POINT should:
- Front of House be mixed from a side stage console on an iPad
- Monitors mixed from front of house
Please provide a high quality digital console with a minimum of 32-IN/16OUT (Midas, Yamaha, Avid)
- (1) qualified Front of House engineer familiar with your house FOH console and P.A.
We will need one drive line from FOH to stage for a talkback line that will go into our rack mounted monitor console
If analog:
- Minimum 48 channel high quality mixing console with at least (8) subgroups/VCA's, (8) Aux Sends,
(4) stereo returns (Midas, Soundcraft, Crest ....NO MACKIE, PEAVEY, or BEHRINGER PLEASE!!!)
- (1) Stereo 31 band graphic equalizer of high quality for FOH
- Additional processing for any fills or delays
- At least (3) multi-FX units (M-ONE, D-TWO, SPX2000, 2290 etc.)
- At least (4) gates and (8) compressors of high quality (DBX, Drawmer, Klark Technik)
-comps – dbx160A, BSS 404...NO BEHRINGER COMPS!!)
- At no point should any channels be shared with support acts
Monitors
We provide:
- (1) 32 channel, rack mounted monitor console (Midas M32C) for both IEM’s and wedges to be mixed by the band
via iphones or ipads from stage
- PHANTOM POWER IS SUPPLIED FROM THE HOUSE CONSOLE
- (4) Wireless Sennhiser IEM units
We need:
- (1) qualified monitor engineer familiar with your house monitor console
- (4) professional quality, properly powered monitor wedges.10”X2” drivers minimum.
- (1) professional quality, properly powered drum sub. Single 18” minimum.
If analog,
- Minimum 48 channel high quality mixing console with at least (8) Aux Sends (Midas, Soundcraft, Crest
....NO MACKIE, PEAVEY, or BEHRINGER PLEASE!!!)
- (4) 31 band graphic equalizer of high quality for each monitor send (BSS, Klark Teknik)
- (1) reverb unit (M-ONE, SPX2000, 2290 etc.)
- At no point should any channels be shared with support acts
STAGE REQUIREMENTS:
- The stage must be capable of safely supporting at least one hundred twenty-five pounds per square foot
- (125 lbs/sq ft) and its surface must be clean, smooth and free of cracks, holes, trash, spike tape etc.
- Venue should provide (3) 8’x8’ riser's, 12” tall, w/skirt. Or (2) 8’x8’ risers and (1) 4’x8’ riser subject to advance
FOR OUTDOOR ENGAGEMENTS:
In the event of outdoor engagements, PURCHASER shall provide a cover for the front of the house mixing position
and all equipment exposed to inclement weather and a roof over the stage, which roof shall be approved by
ARTIST’S Tour Manager or Production Manager. Please provide 4 fans or 4 heaters (dependent on weather).
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This input list is current as of 9.10.21
Please Provide:6 Short Boom Stands, 8 Tall Boom Stands, 3 Tall Round Base Straight
Stands , All XLR and Sub Snakes
This stage plot is up to date as of September 10th, 2021 - Please direct all technical
questions to Jose “Chappy” Luna - josevluna88@gmail.com- 713-449-0960
Here is a downloadable link to this plot:
https://www.dropbox.com/s/2lhjpv9jbn8mk7i/The%20Suffers%20Stage%20Plot%20with%20bgv
%202021%20.pdf?dl=0
Band will provide backline
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r ■
Signature:
Email:
Melissa McCormick (May 20, 2022 09:08 PDT)
Melissa McCormick
cityclerk@kentwa.gov
TheSuffers_Splash_Contract
Final Audit Report 2022-05-20
Created:2022-04-28
By:Ronda D Billerbeck (rbillerbeck@kentwa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA-mfgjF2-dRO78CX0A4VohhU8BVbeKi2A
"TheSuffers_Splash_Contract" History
Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov)
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Agreement completed.
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