HomeMy WebLinkAboutCAG2022-358 - Original - Paquin Entertainmet Group - 2022-2023 Spotlight Series: Matt Dusk Sings Sinatra - 03/17/2023CAG2022-358
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KEN T PERFORMANCE AGREEMENT
W ^ s � 1 � � T � � between the City of Kent and
Matt Dusk
THIS PERFORMANCE AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Matt Dusk (the "Contractor"), doing business through Paquin Artists Agency organized
under the laws of the Province of Manitoba, located and doing business at 468 Stradbrook, Winnipeg, MB RX OJ9,
(204) 988-1120 (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. / one (1) 90 to 120-minute set / 9:00-9:30 p.m.
Day, Date, Year:
Friday, March 17, 2023
Event Location:
Kent -Meridian High School Performing Arts Center, 10020 SE 256th St., Kent,
WA 98030
Lodging:
City will provide seven (7) single hotel rooms with king-sized beds on the night of
Friday, March 17. City will provide a buy-out in the amount of $763 for the night
of Wednesday, March 15.
Refreshments:
City will provide refreshments and a meal on the day of the performance as
specified in the attached rider.
Billing:
"Matt Dusk Sings Sinatra" 100%. 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, from 1/1/22 to 3/17/23, with the
exception of venues previously discussed and mutually agreed upon, including
Kirkland Performance Center.
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 $4,250 will be paid, by City of Kent check, to Paquin Entertainment Group USA Inc. upon
complete execution of contract. The balance of $4,250 will be paid by City of Kent Check on the day of the performance to
Royal Crown Records Inc. However, should restrictions imposed due to the current Coronavirus pandemic require
PERFORMANCE AGREEMENT - 1
(between City and Artist, through Artist's Agent)
smaller, socially distanced capacity, the parties 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 dates) 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.
Vill. 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 - 2
(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-3
(between City and Artist, through Artist's Agent)
Lori Hogan (Aug 29, 2022 16:00 PDT)
Lori Hogan
Recreation/Cultural Supt.
Aug 29, 2022
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
EXHIBIT B
Purchaser's Initials: 2 8
Matt Dusk
2021-22 SEXTET Contract Rider
Management and Bookin
Andrew Turner
Enlightened Management
AndrewCa)EnliPhtenedManaeement.ca
+1 (416) 848-4138 x108
All business and creative affairs
songwriting / production and collaborations
sponsorship and partnerships
Incremental revenue and growth initiatives
Contract / agreement negotiation
Media and all other inquiries coordination
business affairs (legal and accounting)
Tour Management / FOH Sound
Assigned by Kimberly Zimmer
Enlightened Management
kim(@enlightenedmanagement.com
All performance management
live sound and lighting coordination
all aspects of travel, hospitality, and
performance local scheduling
- local payment coordination and merchandise
sales point of contact
Musical Director
Steve Macdonald — Musical Director for Matt
Dusk, Lead musician in Band
smacd77C@F-mail.com
+1 (416) 779-9185
All band and music arrangement coordination
sheet music and symphony coordination
band and horn arrangements
song creative arrangements
band member coordination for live
performances
Purchaser's Initials: 2 8
CONTRACT RIDER
This Contract Rider (Agreement) is hereby made part of the Contract dated
by and between "Royal Crown Records f.s.o. Matt Dusk" (hereinafter referred to as "Artist" or
"Matt Dusk") and (Hereinafter referred to as "Purchaser"), for
the Engagement at the location of
date
Please use the following symbol to copy and paste ✓❑
Non -Technical Rider
ACCOMMODATIONS: Applies: Yes V No ❑
on the
When accommodations are supplied, the Purchaser agrees to provide seven (7) high -quality single
rooms, all with king-size beds — all non-smoking — for one night on day of performance and, if
required by travel itinerary, one night prior to or following day of performance - at a first class, four -
star or higher, national chain hotel ). If a hotel
of this quality is not available, please provide the best quality full service hotel in the vicinity and
inform the Tour Manager prior to the commencement of any travel. Purchaser is responsible for
WIFI and parking charges when applicable. Best Western Plaza By the Green 2 OF
AIR TRAVEL: Applies: Yes ❑ No V
In those cases where the Purchaser has agreed to provide transportation to the city/location of
performance, Purchaser shall provide 2 Business Class and 5 Economy Class airline seats, and be
responsible for all associated cartage and baggage charges (to a maximum $500.00 CDN) on a
regularly scheduled direct flight to the airport located closest to the performance venue.
NECESSARY PRE -SHOW INFORMATION: Applies: Yes V No ❑
The Purchaser shall provide, no less than fifteen (15) days prior to the performance date, contact
information for: The purchaser, venue, venue manager, sound production company, lighting
production company, stage manager, ground transportation drivers, and hotel.
DRESSING ROOM: Applies: Yes V No ❑
Purchaser agrees to provide, at Purchaser's sole cost and expense, at least one Dressing Room with
the Artist's Food & Beverage requirements (Hospitality Rider) and the following:
• full-length mirror and a clothing rack with hangers
• private bathrooms (separate from patrons),iSchool PAC, no showers available.
2d
Purchaser's Initials: /G IF
2 Cj
• tables, chairs m&A6&*@*@1}— suitable seating for up to 10 people 2 OF
• Secure door locks Venue Manager will have only keys.
• Equipped with air conditioning and heat, with , pre-set to 20C School venue. No
• Must have WIFI with codes written down for easy connecting 2 5 accessible controls.
• Include at least two (2) available 120 Volt AC power outlets (including power adapters if not
North American 120V outlets)
• Be well lit and include control for lighting
• Be close proximity for getting to the stage for performance
Where available, Matt Dusk would prefer two separate Dressing Rooms, one for Matt Dusk
(performer) and one for his band. Dressing room(s) should be prepared and available for use at
least 90 minutes prior to show time. The room must be lockable, 2
I
e**I* Contents of the Dressing Room are not to be removed after the show without the
Tour Manager's consent. When an adequate dressing room is not possible on -site, the Purchaser
will supply a clean RV trailer, to be parked close to the stage, for the band's exclusive use.
In the event the Performance is Outdoors, the Artist is to be provided with one minimum 40 foot RV
or Star trailer with air conditioning and heating control, a working washroom and adequate power
for refrigerator and lighting, if no appropriate Indoor Dressing Room is available. WIFI must be
provided with access codes written down.
GROUND TRANSPORTATION: Applies: Yes ❑ No V
For airport pickup/return and related ground transportation, the Purchaser is to provide a minimum
of two clean, well -running 6-passenger vans (with 6 feet of available cargo area). *Note: Please do
not send stretch limousines or pick-up trucks.
Ground transportation to be available to the members of Matt Dusk's band and their crew for
airport pick-up and delivery, and on an "on call" basis on the day of show including load -in, sound
check, show, load -out and travel between the hotel and the venue. Ground transportation may be
required one day prior to the performance depending on Matt Dusk's arrival schedule. Driver
names and contact numbers are to be provided to Matt Dusk's Tour Manager at the time of the
production advance.
PARKING: Applies: Yes V No ❑
When required, parking for band vehicles should be reserved in a secure well -lit area at the venue or
site. The parking spaces should accommodate four to eight vehicles. Please check with the tour
manager.
Purchaser's Initials:/G 8
INTERVIEWS & PROMOTION: Applies: Yes 'f No ❑
Requests for interviews should be made well in advance of the performance, and through Matt
Dusk's Tour Manager. Logos, posters, publicity photos and bios, useful for promotion purposes, can
be downloaded from http://www.Matt Dusk.com/EPK. Please include Matt Dusk's Facebook page
information(http://www.facebook.com/MattDuskpage) and his Twitter handle (@MattDusk) in any
and all promotion for the show.
BILLING: Applies: Yes 'f No ❑
Matt Dusk is to receive 100% star billing in all advertising and promotion. Secondary artist billing
should be no larger than 60%. In the event that Matt Dusk is a secondary artist on the bill, 60%
billing would be appreciated. For specific multi -artist shows the billing split will be as follows:
Artist 1: N/A % Artist 2: N/A
BOX OFFICE: Applies: Yes V No ❑
The Promoter agrees to provide a complete report of ticket sales by the close of business, the day of
show. Numbered tickets shall be used for paid admission and torn ticket stubs are to be provided to
the Tour Manager for an accurate count of paid admission, when requested. When a third party
distributes tickets, a detailed report is to be given to the Tour Manager upon request.
GUEST LIST/COMPS: Applies: Yes V No ❑
A guest list (complimentary tickets) will be made available to Matt Dusk of premium seating as
follows:
Guest list: &complimentary tickets requested.
10 ,,e 3
VIP TICKETS: Applies: Yes ❑ No V
Matt Dusk will get first access to purchase premium seating prior to the official venue on -sale date in
order to sell VIP packages including premium seats and a private meet -and -greet reception, as
follows:
Venue size (seats):
Premium Seats (up to)
PAYMENTS & DEPOSITS:
0-300
30 tickets
Applies: Yes V No ❑
301-800 >801
45 tickets 60 tickets
Deposits must be paid by the date cited in the contract. Balance of payment is to be paid to the
Tour Manager 60 minutes prior to the show. Payments are to be paid by either rm"rerTm"" City Check
made out to Royal Crown Records Inc. If other arrangements are made, please outline /e 8
4
Purchaser's Initials: /c 9
here: All Davments will be in the form of a citv check.
MERCHANDISE: Applies: Yes V No ❑
Matt Dusk retains the right to sell merchandise (t-shirts, hats, books and CDs) on site. A minimum of
1 (one) 8 foot table, appropriate lighting for tables and display signage, and a nearby 120 volt power
outlet are required. Matt Dusk's Tour Manager and an identified Merchandise Manager shall be
given access to all potential on -site selling locations. In those cases where an additional seller is
required, this will be discussed in advance with Matt Dusk's Tour Manager.
No person or company may use the word "Matt Dusk" or the Matt Dusk logo or artwork on any
merchandise (intended either for sale or as a give-away) without first negotiating a license fee for
that use with Matt Dusk's Manager, Agent or Tour Manager. All merchandise sold on -site must be
sold at the same price as equivalent Matt Dusk merchandise and no free promotional items should
be distributed unless the amount of merchandise and timing of its distribution is approved by the
Tour Manager.
Purchaser to provide 1 (one) seller at their cost and venue commission
° after applicable sales taxes are deducted.
15% if artist sells, 20% if venue sells.
RECORDING AND TRANSMISSION: Applies: Yes ❑ No V
No professional recording (either audio or visual) or transmission (either online, by radio, television,
closed circuit, film or any other method) may be made of Matt Dusk's performance without prior
consent. When live projection screens are part of the show, Matt Dusk may permit recording with
the condition that Matt Dusk retains usage rights to the recordings made. Recording, under these
circumstances, should be discussed on -site, day of show, with Matt Dusk's Tour Manager. Matt Dusk
actively seeks audience participation in using their smartphones to record audio and video of his
performances, and to share that via social media, hence all venues will accommodate the audience
use of mobile devices for audio and video recording, without the use of flash.
VENUE: Applies: Yes V No ❑
In the case of indoor venues, all monitors, illuminated signs or screens (other than performance
projection screens) must be turned off prior to the doors opening. Matt Dusk's performance may
begin with a recorded introduction. Anyone wishing to address the audience before the
performance begins must consult with Matt Dusk's Tour Manager one half hour prior.
STAGING: Applies: Yes V No ❑
The stage, wherever possible, shall be at least 24 feet wide by 18 feet deep, and between 3 to 7 feet
in height. The stage should have access points, located on the sides of the stage, preferably stairs or
moveable ramps. As we may need access to rigging in order to hang drapes, screens, lighting,
projection equipment and accessories, a suitable lift or ladder must be available. A suitable area for
storing dead cases must be provided and accessible at all times.
Purchaser's Initials: 2 !?
INDOOR VENUES: Applies: Yes V No ❑
The temperature indoors and around the stage must be kept consistent with no drastic changes,
preferably close to 20C. There is to be no air conditioning or heating vents blowing directly towards/
on the stage, and if this condition exists the venue must be prepared to seal any such vents when
requested by the Tour Manager.
Access to the stage and stage area must be cleared prior to the arrival of Artist (Tables, chairs, mic
stands and cables). In the event there is an opening act, they are to keep their belongings clear as
well.
OUTDOOR VENUES: Applies: Yes ❑ No V
The same conditions apply as for Indoor Venues (above), with the following additions;
A. Stage must be covered and protected from the elements. It is to be one of the following;
a. A professional mobile stage, set up by qualified personnel, certified by a licensed
engineer.
b. A fixed stage, designed by a licensed engineer, and assembled by qualified
personnel.
SECURITY: Applies: Yes ❑ No V
The Purchaser and on -site security personnel should discuss security and access passes with the
Tour Manager prior to doors opening for patrons. Security for dressing room, merchandise booth
and vehicle parking area is also required. Matt Dusk asks that, during the performance, security
personnel refrain from the use of force until all other methods of persuasion have been exhausted,
and that the sound of communications devices (walkie-talkies etc) be kept low so as not to disturb
patrons.
ANTICIPATORY BREACH:
If the financial standing or credit of the Purchaser has been impaired or is unsatisfactory prior to the
completion of any scheduled Performance hereunder, the Artist shall have the right to demand
payment forthwith of the guaranteed compensation specified in the Contract. If Purchaser fails or
refuses to make such payment forthwith, Artist shall then have the right to terminate this
Agreement. In the event of termination, Artist shall have no further obligation to Purchaser
hereunder, and shall retain any monies theretofore paid to Artist by Purchaser.
LEGAL:
1. DEFAULT BY PURCHASER: If Purchaser breaches any of its obligations hereunder, which include
without limitation Purchaser's refusal or neglect to provide any of the items required of Purchaser
hereunder; proceed with the presentation of the engagements which are subject of this agreement;
timely make any of the payments referred to herein; furnish the type, size, and quality of public
6
Purchaser's Initials: 112 5
address (PA) requested by Matt Dusk or, if at any time prior to or during the actual performance of
Matt Dusk should the said public address (PA) system be otherwise than in perfect working
condition; then in any of such events and in addition to any of Matt Dusk's other rights or remedies;
Matt Dusk may elect to terminate this agreement without liability to perform hereunder or
otherwise. In such event, Matt Dusk shall retain all amounts theretofore paid to Matt Dusk by
Purchaser as partial offset against amounts owed, and Purchaser shall remain liable to Matt Dusk for
any additional monies herein provided or otherwise payable as a matter of law.
2. FORCE MAIEURE: Matt Dusk shall be excused from its obligations hereunder in the event of a
sickness or accident to any member of Matt Dusk (including band members and Tour Manager) or if
Matt Dusk's performance is rendered impossible or commercially impracticable by reason of a force
majeure event, including without limitation any act or regulation of any public authority or bureau,
civil tumult, strike, epidemic interruption in or delay of transportation services, war conditions or
emergencies, or any other cause or causes beyond the control of Matt Dusk, whether of a similar
nature. However if Matt Dusk is ready, willing and able to perform hereunder, no force majeure or
any other event shall relieve Purchaser of its obligations under this agreement.
3. RAIN OR SHINE CLAUSE: Matt Dusk is to be paid Rain or Shine, regardless of any inclement
weather that requires the show to be cancelled.
4. INDEPENDENT CONTRACTOR: Matt Dusk is executing this agreement as an independent
contractor and not as an employee or agent of Purchaser. This agreement shall not, in any way, be
construed so as to create an agency, partnership, or any other joint undertaking or venture between
the parties hereto, and neither party shall be liable for any representation, act or omission of the
order.
5. THIRD PARTY AGREEMENTS: No provision contained in any concert hall lease or other
agreements between Purchaser and any third party which is inconsistent with any provision of this
contract rider shall be binding on Matt Dusk unless Matt Dusk consents in writing thereto. Purchaser
represents and warrants Purchaser is unaware of any such inconsistency.
6. INDEMNIFICATION: Purchaser hereby agrees to indemnify and hold harmless Matt Dusk from and
against any claims, costs, damages, liabilities, and judgments arising out of or connected with any
claim by a third party which is inconsistent with any of the warranties, representations or obligations
of Purchaser hereunder.
7. INSURANCE: Purchaser shall provide Matt Dusk, at least two weeks prior to the performance, with
a certificate of insurance evidencing the following:
(a) Comprehensive general liability insurance in the amount required by the venue, but in no event
with a limit less than $5,000,000.00 combined single limit for bodily injury and property damage;
and
City is self -insured through Associated Washington Cities and cannot
name other parties additional insured. ,e 5
Purchaser's Initials: 2 8
8. DAMAGE BY OTHERS: Matt Dusk shall not be responsible for damage or injury to any patrons or
the facility or any fixtures or personal property therein, caused by fans or any others not a part of
Matt Dusk and their road crew. Purchaser shall indemnify and hold Matt Dusk harmless from any
third party claims concerning the foregoing (as provided in Paragraph #5 above) and Purchaser shall
make no claim, deduction or offset in respect of same.
9. PRE-EMPTION: Purchaser agrees that, at Matt Dusk's discretion, they may postpone and/or cancel
the engagement hereunder by giving Purchaser written notice thereof at least thirty (30) days prior
to the commencement date of the engagement, provided Matt Dusk should be called upon to
furnish the services of Matt Dusk in connection with a theatrical motion picture, television, or other
significant event which might conflict with this engagement.
10. PURCHASER'S CAPACITY: Purchaser represents and warrants that Purchaser has the right, power
and authority to enter into and fully perform this contract and is of legal age.
11. PERFORMANCE EXCUSE: Matt Dusk will not be required to perform before an audience where
there is a danger of riot, civil disturbance or injury to any member of Matt Dusk (including all crew
members). Failure to perform under such circumstances, as determined by Matt Dusk's Manager,
Agent or Tour Manager, shall not relieve Purchaser of its obligations to make any payments required
hereunder.
12. PERMITS, ETC: Purchaser shall, at Purchaser's expense, obtain all necessary permits, licenses, or
other consents (including without limitation, public performance licenses) as may be necessary or
desirable and shall indemnify Matt Dusk in respect of same as provided in Paragraph #5 above.
13.MISCELLANEOUS: This Agreement is the entirety of all negotiations and understandings merged
hereunder. All approvals or consents of Matt Dusk hereunder may be withheld without cause. This
Agreement cannot be modified except by an instrument in writing, executed by both the Purchaser
and Matt Dusk. A waiver of a breach by either party in any one instance shall not constitute a
waiver of any subsequent breach, whether or not similar. This Agreement is not intended for the
benefit of any third party. Should any provision hereof be held invalid or unenforceable, it shall be
separable from and shall not affect any other provision. All remedies for breach of this Agreement
shall be cumulative and the exercise of any one shall not be deemed a waiver of any other. The
paragraph headings herein are for convenience only and not to be utilized in construction or
interpretation of this Agreement. In the event of litigation concerning this Agreement, the prevailing
party shall be entitled to recover reasonable attorney's fees. Time is of the essence in the payment
of all deposits, guarantees and other monies required hereunder.
Please note that this Matt Dusk Agreement is an integral part along with the Contract. Any deviation
from this Agreement and its requirements (including the attached sheets outlining catering,
backline, sound and other requirements), without the prior consent of the band's Tour Manager or
Matt Dusk's Management, will be grounds for the forfeit of the 50% deposit and cancellation of the
show without any further liability to Matt Dusk or any of their personnel or representatives
Purchaser's Initials: 2 8
SIGNATURES
Signatures below and initials on each page of this Contract Rider Agreement constitutes acceptance
of the prescribed terms as detailed in the above paragraphs and any Schedules attached herewith.
Purchaser Signature
AWI-991 Tffl-e2P
Andrew Turner (Aug 13, 202216:1I COT)
Matt Dusk or Designate Signature
Ronda Billerbeck, Cultural Programs Manager Andrew Turner
Purchaser's Printed Name Matt Dusk or Designate Printed Name
8/16/2022 August 23, 2022
DATE DATE
MATT DUSK TECHNICAL RIDER 2021/22
Purchaser shall provide, at Purchaser's sole cost and expense, the following list of MINIMAL
technical requirements for Matt Dusk.
Matt Dusk employs an audio engineer to attend to their sound requirements and to mix the
Front of House (FOH) sound. It is a specific condition of this Agreement that a competent
sound company be hired to supply professional sound reinforcement equipment in keeping
with what is appropriate to achieve high sound pressure levels, smooth power response and
uniform dispersion throughout the complete listening area.
Matt Dusk and their representative(s) shall have full control over stage volume, FOH sound
levels, placement of speakers and monitors, and shall also have full control over all aspects of
the "presentation" and "artistic direction" of the performance.
Please confirm Band size with Tour Manager
FRONT -OF -HOUSE (FOH) SYSTEM
FOH MIXING CONSOLE: 32 inputs
Please provide a high quality Digital console with a minimum of 32 inputs and a stereo input
cable for hooking up an iPod/iPhone/iPad or other auxiliary audio player.
FOH Console Preferences: Midas Pro Series, Yamaha CL series, Avid Venue series, SSL.
There must be adequate lighting for the console.
*Note: Under no circumstances is the FOH Audio board to be in a "sound booth". It must be
positioned in a central location, at least 25ft from the performance stage.
MAIN SPEAKER SYSTEM - Matrix Output 1 & 2
Matt Dusk is accustomed to using high-powered top quality processed speaker systems such
as d&b, Meyer, EAW, JBL or equivalent. The system will be configured in full stereo, must be in
phase and respond evenly from 40 Hz to 16000 Hz. The system should provide uniform
coverage throughout the complete listening area of the venue. The PA system must not have
any buzzes, hisses, crackles or any other disruptive noises.
To eliminate any obstructed view seating, the speaker system should be flown from rigging
points. If this is not possible the speaker system should be raised so a "standing audience" will
not obstruct it. NOTE All Matrix Outputs should have separate 1/3 octave EQs
FRONT FILL - Matrix Output 3
Please have 4 front fill speakers along lip of stage.
SUBS - Matrix Output 4
Please provide a proper number of Sub Speakers to match the Main Speaker System.
ADDITIONAL ZONES - Matrix Output 5 & 6
If your venue has additional zones, please make this available. Ex: First / Second Balcony
Page 1 of 4 Created: July 1 2021
MATT DUSK TECHNICAL RIDER 2021/22
MONITOR SYSTEM
MONITOR MIXING CONSOLE: 32 Inputs
We request that a Midas M32 be provided as a monitor console with a wireless WiFi Router
connected to the console for remote control. The band will have the app to control this board
and their monitors via their phones or tablets. Please provide a monitor technician that is fully
trained on this console, is familiar with operating via remote control and the use of wireless
technology.
• There must be adequate lighting for the console.
• This console is to be used solely for Matt Dusk.
• Support or Co -headline acts must have a separate console.
MIX FILES
A MIDAS M32 file can be provided. Please ask the tour manager
MONITORS
Please provide 2 (two) Low Profile bi-amped wedges (ie EAW SM200). 1 stage, 1 cue.
The Band may bring wired IEM systems for each the mixes (up to 10 Mixes). Please run a XLR
to each position as shown in the stage plot.
If the venue prefers to use their IEM system for up to 10 mixes, please confirm with Tour
Manager.
MONITOR CONFIGURATIONS:
Please refer to the stage plot for either IEM, floor wedge, or side fills.
WIRELESS REQUIREMENTS
In some cases Matt will bring his wireless systems. Please confirm with Tour Manager.
If not, the following items will need to be provided.
(2) Sennheiser SKM5200 wireless mic systems with
(2) mics equipped with Neumann KMS105 capsules.
(2) Sennheiser wireless IEM systems (G3s or 2000s) with combiner and Professional Wireless
Helical Antennae.
BATTERIES
Please supply the following batteries: twelve (12) AAA and eight (8) AA
Page 2 of 4 Created: July 1 2021
MATT DUSK TECHNICAL RIDER 2021/22
GENERAL NOTES
CABLING
Matt will be roaming and dancing across the stage therefore no cabling is allowed to cross the
performance area. All monitor speaker cables, microphone cables, AC cables etc. must be of
sufficient length to be run around the perimeter of the stage.
SYSTEM COMPONENTS
The sound company will provide all microphones, Dls, stands, cables, components (e.g.
transformer split & snake), A.C. distribution, etc. required to complete the sound system. These
must be quality products tested and working in order to ensure a smooth running professional
show.
ADDITIONAL EQUIPMENT MAY BE NEEDED
In the event of an opening support act (or other artists in a multi -artist show), the sound
company will provide any additional mixing consoles, microphones, D.I.'s, stands, A.C. etc
required by the other artists so that a quick and easy change -over may be executed.
OUTDOOR SHOWS N/A
For outdoor shows, depending on time of day, it can be difficult to read Digital Consoles.
Please provide tents with black tops to help keep the sunlight from obscuring the readings on
the board.
CLEAR COM
Please provide clear communication between FOH and Monitor console.
PERSONNEL:
Please provide experienced professional crew familiar with the equipment being provided.
They must be at least eighteen years of age, sober and be in good physical health.
The crew leader or crew chief must be proficient in English.
The following will be needed for load in, sound check, set changes, show and load out.
(1) FOH Tech
(1) Monitor Tech/Operator
(1) Stage Patch Crew
(2) Stage Hands / Loaders
LIGHTING REQUIREMENTS:
Please provide a high quality lighting system including moving lights.
Our show should look professional and be capable of dramatic expression matching each song.
It is important that there are specials focused to pick up each player as they solo or are
introduced. The lighting should be capable of providing an even wash to cover the stage
leaving no dark areas.
A competent Lighting Operator/ Tech shall be available at load in time for focusing and for
duration of Artist's performance.
Page 3 of 4 Created: July 1 2021
MATT DUSK TECHNICAL RIDER 2021/22
HAZER:
Please provide a water based Hazer and fluid as needed.
1 M91 A &A
As Matt roams the stage and often into the audience, we would like to use two follow spots for
the performance. Please provide operators.
CLEAR COM:
Please provide clear communication between Lighting Console and Follow Spot Operators.
VIDEO REQIREMENTS
Whenever possible we would like access to the venue projector and screen as we run video
during the show. They are generated from the laptop at the drum position and has a HDMI
output. Please provide the HDMI cable to the projector.
Page 4 of 4 Created: July 1 2021
MATT DUSK SEXTET BACKLINE 2021/22
PURCHASER PROVIDING BACKLINE: Applies: Yes V No ❑
DRUMS: (drummer will bring own sticks)
Sonor (preferred) or Yamaha Maple/Recording Custom
(1) 22" Kick Drum (with hole in head for mic)
(1) 10" Rack Tom mounted on the kick (w/ coated top skin)
(1) 12" Rack Tom also mounted on the kick (w/ coated top skin)
(1) 14" Floor Tom with legs (w/ coated top skin)
(1) 14" 5.5 inch deep wood Snare (w/ coated top skin)
(1) Single Kick Pedal
(1) Hi -Hat Stand (with spare clutch)
(5) double -braced Heavy Duty Cymbal Stands with Boom Arms
(1) Snare Stand
(1) Drum Stool
(1) Drum Rug (minimum 6x8ft)
(1) pair of drum sticks (just for audio line check. They can be a used pair)
(1) Plexi Glass Shield for drummer if available
Paiste Jazz Cymbals or equivalent - 21 " ride, 20" ride, 16" crash, 18" crash, 14" hi hats
PIANO: Baby Grand /to- a
(1) Acoustic Grand Piano (Shigeru Kawai, Kawai GX, Steinway, Bosendorfer, Yamaha C7 or CFX)
(1) Adjustable piano bench
If an acoustic grand piano cannot be provided, please confirm suitable options with Tour
Manager.
PIANO TUNING: Piano must be tuned day of show, before Matt Dusk crew arrive for load in.
A touch up tuning may be required after sound check. Please have piano tuned to A440.
BASS:
(1) 5 string Electric Bass with strap (Fender Precision or Fender Jazz)
(1) Bass Guitar Stand
(1) 3/4 size steel -string Upright / Acoustic Bass with Underwood Pick-up
(4) 1/4inch cables (minimum 10ft)
RISERS:
(1) Drum Riser 8ft x 8ft x 1 ft
PROPS / MISC:
(2) Black Bar Stools (no back rest please)
(8) Heavy Duty Music Stands with Lights (such as Manhasset Model #48)
Substitutions must be confirmed with Tour Manager
Page 1 of 1 Created: July 1 2021
Matt Dusk Sextet - Inputs / Stage Plot - 2021/22
Channel
Description
Kick
Snare Top
Snare Bottom
Hat
Tom 1
Mic or DI Preferences Stand Type
SM91 or Beta91A or Senn 901 on foam pad inside drum
SM57 short with telescopic boom
SM57 short with telescopic boom
Neumann KM184 or AKG 451 short with telescopic boom
Sennheiser 604 LP Claw or generic clamp
Sennheiser 604 LP Claw or generic clamp
Position
1
2
3
4
5
USC
USC
USC
USC
USC
6
Tom 2
USC
USC
USC
USC
7
Tom 3
Sennheiser 604
LP Claw or generic clamp
8
OH SR
Neumann KM184 or AKG 451
tall tripod with boom
9
OH SL
Neumann KM184 or AKG 451
tall tripod with boom
10
Computer 3 (Click)
Radial DI (Passive)
n/a
USC
11
Computer 1 (Left)
Radial DI (Passive)
n/a
USC
12 Computer 2 (Right)
13 Bass Upright
14 Bass Electric
Radial DI (Passive)
n/a
USC
USR
USR
DSR
DSR
USL
USL
Radial DI (Active)
n/a
Radial DI (Active)
AKG414 or Rad DI if Keyboard
n/a
Clamp or tall tripod with telescopic boom
15
Piano Low
16
Piano Hi
AKG414 or Rad DI if Keyboard
Clamp or tall tripod with telescopic boom
Clip On Mic or tall tripod with tele boom
17
Alto Sax
Senn 608 or 908 clip on or 421
18
Tenor Sax
Senn 608 or 908 clip on or 421
Clip On Mic or tall tripod with tele boom
19
Trumpet
Senn 608 or 908 clip on or 421
Clip On Mic or tall tripod with tele boom
USL
20
Trombone
Senn 608 or 908 clip on or 421
tall tripod with telescopic boom
USL
21
Sax Vox (Monitors Only)
Shure SM58
tall tripod with telescopic boom
USL
22
Matt Vocal
Senn Wireless KMS105 or KSM9
Straight Round Base Stand
DSC
23
Matt Spare
Neumann 105
Straight Round Base Stand
DSL
24
Guest Vocal
House Choice
Straight Round Base Stand
n/a
25
Piano Low (Monitors Only)
Digital Patch
n/a
n/a
26
Piano Hi (Monitors Only)
Digital Patch
n/a
n/a
n/a
n/a
n/a
27
Matt Vocal (Monitors Only)
Digital Patch
n/a
28
Matt Spare (Monitors Only)
Digital Patch
I Digital Patch
n/a
29 Guest Vocal (Monitors Only)
n/a
2CH Bass D.I.
4CH Computer D.I.
Electric Bass
O
aTVREo
Stand Required .a Oi
STEREO STEREO
Oi OR
Drums IEM
11 _ U3
120V
H�
drop for
C1 projector
Oo
Bass IEM
120V
RR
2 Black Stools
O
Piano IEN
8 AA and 12 AAA
Batteries Required
Created July 24 2021
'a
Computer
Carpet Required For Drums
Drum Riser 8 x 8 x 1 ft
1a
Straight Stand
Round Base
Vox Wedge
O
Vox IEM
Projector screen for video
8 Manhasset Stands
With Lights Required
Tenor Sax IEM 14
Sax Vocal
U o7k I0
120V ` `Trumpet IEM
i i
00
Guest / MC Spare VOX
MATT DUSK SEXTET HOSPITALITY 2021 /22
Food & Beverage
Please set-up in the Dressing Room ready for Band load -in time
• 12 cans of Assorted Soft Drinks (diet coke, ginger ale, Sprite or equivalent)
• 24 x 500ml bottles of non -carbonated bottled spring water
• 12 x 500ml bottles of carbonated bottled water
lie 9
School venue/no alcohol allowed.
• 1 bag of Tortilla chips + one container plain Hummus + fresh mild salsa
• 2 packs of spearmint flavoured Excel/Orbit sugar free gum
• 1 cheese and meat assortment board (enough for 10 people)
• 1 medium bowl of fresh fruit (bananas, apples, grapes, oranges)
• 1 medium vegetable tray — red peppers, cucumber, carrots, broccoli, dill pickles, olives,
etc
• Plates, Utensils, Glasses (rock, highball, and red wine — 8 of each), Napkins, Solo Cups
• Large Bucket of Fresh Ice
• 7 Hand -Sized Towels and 2 rolls of paper towels
Dinner/ Catering
A. Catered meal to be provided, or in lieu of, a $40 meal buyout per person (paid as cash
at load in). Check with Tour Manager for number of people to feed.
B. Catered meal to be healthy and well-balanced meal of lean meats (chicken, steak) and
grilled vegetables and salad. Please note to refrain from serving starchy carbohydrate
food items — no pasta, no pizza etc
C. Please confirm if we have any allergies with Tour Manager.
Page 1 of 1 Created: July 1 2021
Signature:
Email:
Kim Komoto (Aug 30, 2022 09:13 PDT)
Kim Komoto
cityclerk@kentwa.gov
MattDusk_Spotlight_Contract_3_17_23
Final Audit Report 2022-08-30
Created:2022-08-29
By:Ronald Lashley (rlashley@kentwa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAArBA3mF19Ls_Xy--bRtH1cnYRYX4EwmM3
"MattDusk_Spotlight_Contract_3_17_23" History
Document created by Ronald Lashley (rlashley@kentwa.gov)
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Agreement completed.
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