HomeMy WebLinkAboutCAG2023-025 - Original - Concerted Efforts LLC - Thursdays at the Lake: Session Americana Concert - 07/27/2023Ap
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Originator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee
Date of Council Approval:
Grant? Yes No
Type:
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Date Routed to the City Clerk’s Office:
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Vendor 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
rev. 20210513
FOR CITY OF KENT OFFICIAL USE ONLY
* Memo to Mayor must be attached
Jan RachApple
Sup/Mgr:
4
Ronda Billerbeck Parks, Recreation & Community Services
10/06/2022 ASAP
N/A
10006222.64190.4310
4
4
N/A
Contract
1407478 Original
07/27/2023
Other
07/27/2023
4
4
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$2,200.00
1/19/23
PERFORMANCE AGREEMENT - 1
(between City and Artist, through Artist’s Agent)
PERFORMANCE AGREEMENT
between the City of Kent and
Session Americana
THIS PERFORMANCE AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Session Americana (the “Contractor”), doing business through Concerted Efforts LLC
organized under the laws of the State of Massachusetts, located and doing business at P.O. Box 440326, Somerville, MA
02144 (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 Agreem ent. 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 the Kent Arts Commission’s
Start Time/Duration/Stop Time: 7:00 p.m. / 90 minutes / 8:30 p.m.
Day, Date, Year: Thursday, July 27, 2023
Event Location: Lake Meridian Park, 14800 SE 272nd St., Kent
Merchandising: Contractor shall have the sole and exclusive right, but not obligation, to sell
souvenir posters, programs, CDs, DVDs, and other merchandise directly
pertaining to and/or bearing the likeness of the Artist at the performances. Artist
will provide sales staff and retain 100% of the receipts.
Contractor further represents that the services furnished under this Agre ement 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 $2,200.00 for the work to be performed
under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. A
deposit of $1,100 will be paid by City check by June 27, 2023, to Concerted Efforts LLC. The balance of $1,100 will be
paid by City check on July 27, 2023, and remitted to Session Americana at the conclusion of the concert.
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 pro ject.
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; Artist 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.
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.
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 th e 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 deliv ered 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, insura nce 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, its sub-contractors, or any person acting on behalf of the Contractor , Agent or sub-contractor shall not, by
reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or
physical disability, discriminate against any person who is qualified and available to perform the work to which the
employment relates. The Contractor or Agent shall execute the attached City of Kent Non-Discrimination Policy
Declaration and comply with City Administrative Policy 1.2.
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 p ayments 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 a uthorities, 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 cov enants
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, di fference 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 c onstrued 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 A greement or such other address as may
be hereafter specified in writing.
PERFORMANCE AGREEMENT - 3
(between City and Artist, through Artist’s Agent)
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 Cit y and Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together wit h 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 counterpa rts, each of which shall
constitute an original, and all of which will together constitute this one Agre ement.
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:
Lori Peters
Concerted Efforts LLC
P.O. Box 440326, Somerville, MA 02144
617-440-3884
lori@concertedefforts.com
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
rbillerbeck@kentwa.gov
ATTEST:
_________________________________________
Kent City Clerk
Lori Hogan (Jan 12, 2023 08:52 PST)
01/12/2023
Recreation and Cultural Services Supt
Lori Hogan
Isabella DeHerdt (Jan 19, 2023 11:03 EST)
Isabella DeHerdt
01/19/2023
Isabella DeHerdt
Concerted Efforts Agent Assistant
EEO COMPLIANCE DOCUMENTS - 1 of 5
DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY
The City of Kent (City) is committed to conform to Federal and State laws regarding equal
opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who
perform work with relation to this Agreement shall comply with the regulations of the City’s
equal employment opportunity policies.
The City of Kent and its contractors are subject to and will comply with the following:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.
252), (prohibits discrimination on the basis of race, color, national origin);
• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs
Of The Department Of Transportation-Effectuation Of Title VI Of The Civil
Rights Act Of 1964);
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for
Enforcement of Title VI of the Civil Rights Act of 1964).
• Ch. 49.60 RCW (Washington Law Against Discrimination)
The preceding statutory and regulatory cites hereinafter are referred to as “the Acts and
Regulations”.
The following statements specifically identify the requirements the City deems necessary for any
contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of
all of the following is required for this Agreement to be valid and binding. If any contractor,
subcontractor, or supplier willfully misrepresents themselves with regard to the directives
outlined below, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement.
The statements are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement I, the prime contractor, will provide a written
statement to all new employees and subcontractors indicating commitment as an equal
opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
EEO COMPLIANCE DOCUMENTS - 2 of 5
A. Compliance with Regulations: The contractor, subcontractor, consultant,
vendor, and supplier (hereinafter “Contractor”) will comply with all Acts and the
Regulations relative to non-discrimination, including those applicable to Federally-
assisted programs of the U.S. Department of Transportation, State-assisted
programs through the Washington State Department of Transportation, and
generally under Washington’s Law Against Discrimination, Ch. 49.60 RCW, as they
may be amended from time to time, which are herein incorporated by reference
and made a part of this contract.
B. Non-discrimination: The contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the contract covers any activity, project, or program
set forth in Appendix B of 49 CFR Part 21.
C. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation made
by the contractor for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this
contract and the Acts and the Regulations relative to non-discrimination on the
grounds of race, color, or national origin.
D. Information and Reports: The contractor will provide all information and reports
required by the Acts and Regulations and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined applicable to contractor’s contract by the City or the
Washington State Department of Transportation to be pertinent to ascertain
compliance with such Acts and Regulations and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or
refuses to furnish the information, the contractor will so certify to the City or the
Washington State Department of Transportation, as appropriate, and will set forth
what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with
the non-discrimination provisions of this contract, the City will impose such contract
sanctions as it or the Washington State Department of Transportation may
determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the
contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
F. Incorporation of Provisions: The contractor will include the provisions of
paragraphs (A) through (F) above in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Acts and Regulations and
directives issued pursuant thereto. The contractor will take action with respect to
any subcontract or procurement as the City or the Washington State Department of
Transportation may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the contractor becomes involved in,
or is threatened with litigation by a subcontractor, or supplier because of such
EEO COMPLIANCE DOCUMENTS - 3 of 5
direction, the contractor may request the City to enter into any litigation to protect
the interests of the City. In addition, the contractor may request the United States
to enter into the litigation to protect the interests of the United States.
6. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR
Part 21.
ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or
whose property has been acquired because of Federal or Federal-aid programs and
projects);
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits
discrimination on the basis of sex);
iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as
amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
v. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or
sex);
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing
entities (42 U.S.C. §§ 12131-12189) as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38;
ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §
47123) (prohibits discrimination on the basis of race, color, national origin, and
sex);
x. Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, which ensures Non-
discrimination against minority populations by discouraging programs, policies, and
activities with disproportionately high and adverse human health or environmental
effects on minority and low-income populations;
xi. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
EEO COMPLIANCE DOCUMENTS - 4 of 5
includes discrimination because of Limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs (70 Fed. Reg. at 74087 to
74100);
xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you
from discriminating because of sex in education programs or activities (20 U.S.C.
1681 et seq).
xiii. Washington Law Against Discrimination (Ch. 49.60 RCW)
7. The submission of the final invoice for this contract will constitute a reaffirmation that the
preceding statements were complied with during the course of the contract’s performance.
By signing below, I agree to fulfill the five requirements referenced above.
By: __________________________________________
For: _________________________________________
Title: ________________________________________
Date: ________________________________________
Isabella DeHerdt (Jan 19, 2023 11:03 EST)
Isabella DeHerdt
Session Americana
01/19/2023
Concerted Efforts Agent Assistant
EEO COMPLIANCE DOCUMENTS - 5 of 5
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022
SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998
APPROVED BY Dana Ralph, Mayor
POLICY:
Equal employment opportunity and non-discrimination in contracting requirements for the City of
Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and
suppliers of the City must guarantee equal employment opportunity within their organization
and, if holding Agreements with the City amounting to $10,000 or more within any given year,
must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the
City, regardless of the value of the Agreement, are required to sign the City’s Non-Discrimination
Policy Declaration, prior to commencing performance.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to coordinate with the City’s Title VI coordinator, and perform the following
duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
Session Americana
Input list and stage plot
5 piece configuration
Three floor monitors with separate mixes, if possible
All instruments/amplifiers supplied by artist, including microphones where
noted
NOTE: Session Americana occasionally has a 6th seat/guest artist. Our
team will (usually) have that info early enough to provide input/stage
plot additions in the advance. The band can provide any additional
updates upon arrival, as needed.
Mic/line inputs (stage right to left)
1. Vocal at organ (artist provided, +48V)
2. Pump organ/mandocello amp
3. Electric harmonica amp
4. Lead vocal (artist provided, +48V)
5. Acoustic guitar - Line out
6. Electric guitar amp
7. Bass amp - Line out
8. Bass and drum vocal (artist provided, +48V)
9. Kick drum suitcase (artist provided)
10. Snare/overhead - as needed
Additional requests
1 high bar stool
Crates/stands for 3 small amps
Mix notes
– Please start with no compression, reverb or gates on any channels
unless requested
– Vocal condensers should be forward and warm - flat channel usually
sounds good with small tweaks, as needed
– Overall vocals should be equal out front and present in all stage mixes
as lead vocal moves around
– Band plays very dynamically, so we prefer to have a lower stage volume
EXHIBIT B
monitor 3
monitor 1ce
l
l
o
a
m
p
m
o
n
i
t
o
r
2
suitcase
snare
1 snare
2or
g
a
n
Front of stage
bass
amp
guitar ampharm. amp
Dinty
keys
Jim
harmonica
Ry
guitar
Jon
bass
Billy
drums
MICROPHONE KEY
Vocal - artist supplied
Instrument - artist supplied
Instrument - venue supplied
line out
acoustic
line out
EXHIBIT B - pg. 2
Hospitality
The band is very flexible and easy going about riders as we play in a variety of venues.
Whenever possible the band prefers to have: -a private room able to accommodate 6 people -a private restroom -easy access to tap water -a meal or healthy snacks: soup, fresh bread and salad preferred -2 bottles of french red wine - Rhone wine preferred unless we are in Italy -12 bottles of beer - ale preferred
Please try to reduce single use and plastic containers
Session Americana Stage Plot and Input List, Omaha 2021
Stage right to left -Instrument Microphone (provided) at Organ -Pump Organ Microphone (provided) -Vocal at Pump Organ (provided) -Harmonica Amp -Guitar Amp -Lead Vocal RT (provided) -Lead Vocal Left (provided) -Acoustic Guitar line out - using provided microphone or pickup -Bass Amp - Line out -Bass and drum vocal (provided) -Kick drum (provided) -Snare/Overhead - as needed
Three floor monitors with separate mixes if possible
Notes -No compression, reverb or gates on any channels unless requested. -Vocal condensers should be loud and warm sounding - use EQ if necessary (we can -help with this) -Allow electric instruments to be loud in the mix when used. Rhythm acoustic -instruments can be quiet in the mix at times -Bass, Think McCartney (punchy, not boomy)
-
EXHIBIT B - pg. 3
Outdoor venue - no green room or related amenities.
Public park/alcohol prohibited.
ID
ID
ID
ID
PO Box 440326
Somerville, MA 02144
Artist Name : SESSION AMERICANA
THIS CONTRACT made on Tuesday, 03 day of January Year 2023 between SESSION AMERICANA (herein referred as Artist) and CITY OF KENT (herein referred as
Purchaser). Both parties are aware that Concerted Efforts is acting as the agent between both parties.
Full Billing:SESSION AMERICANA
Show Date/s:Thu Jul 27 ,2023
Venue Name:CITY OF KENT CONCERT SERIES
Venue Address:Lake Meridian Park, 14800 SE 272nd St
KENT, WA 98042
Venue Country:USA
Venue Capacity:1000
Venue Website:www.kentarts.com
Age Limit:All Ages Show
Radius Clause:NA
Production Contact:SAME AS PROMOTER
Announce Date:
On Sale Date:
Billing:Headline
Other Artists:NA
Number of Sets:1
Set Length:90 MINUTES
Load in Time:Per Advance
Sound Check Time:Per Advance
Door Time:NA
Show Time:7:00PM
Performance Time:7:00PM
Curfew:8:30PM
Music Merch: Artist % :100 House % :0
Soft Merch: Artist % :100 House % :0
Who Sells:ARTIST
Support Budget:0
Ticket Scaling Terms
Non-Ticketed Event
Flat Guarantee:$2,200.00
Deal Points : PLUS Purchaser agrees to provide and pay for
Sound/Lights PLUS snacks
Deposit 1 : $1,100.00
Deposit 1 Due : Jun 27, 2023
Balance Due:$1,100.00 plus applicable bonuses
Deposits are to be made payable to : Concerted Efforts by Company Check or Bank Wire.
BALANCE is due day of show in Cash or Cashier's Check and made payable to ARTIST.
Additional Provisions on Contract :
We acknowledge and confirm that we have read and approved the terms and conditions set forth in this contract. Any and all exhibits, riders and
additional clauses hereto, including without limitation, Artist rider, are hereby incorporated into this agreement by this reference.
Purchaser :CITY OF KENT Artist :SESSION AMERICANA
Signatory :RONDA BILLERBECK Signatory :SESSION AMERICANA
Signature :_______________________ Signature :_______________________
Address :220 FORT AVENUE SOUTH
KENT, WA 98032
Address : c/o Concerted Efforts
Somerville, MA 02144
Email :RBillerbeck@kentwa.gov Tax ID :87-4800219
Agent :Lori Peters
Page 1/3
EXHIBIT B - pg. 4
Isabella DeHerdt (Jan 19, 2023 11:03 EST)
Isabella DeHerdt
PO Box 440326
Somerville, MA 02144
Additional Terms and Conditions
1.PURCHASER will first apply any and all receipts received from the performance to payment required hereunder. All payments must be in full
without any deductions.
2.If the payment of ARTIST's share of performance receipts is based in whole or in part on expenses related to the engagement, PURCHASER
shall verify all expenses. ARTIST shall have the right to have representation present in the box office at all times. Such representative shall
have access to the box
office records of PURCHASER relating to gross receipts of this engagement only.
3.FORCE MAJEURE: In the event of sickness or accident to ARTIST, or if a performance is prevented, rendered impossible or infeasible by 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 similar of dissimilar cause beyond the control of ARTIST it is understood and agreed that there shall be
no claim for damages by PURCHASER and that ARTIST's obligations as to performance(s) stated herein shall be deemed waived. In the event of
such non-performance for any other reasons than stated here, including but not limited to inclement weather, if ARTIST is ready, willing and
able to perform, PURCHASER shall pay the full compensation as defined herein.
4.Inclement weather rendering performances impossible, infeasible or unsafe shall not be deemed a force majeure event and payment of the
agreed upon compensation shall be made notwithstanding. If PURCHASER and ARTIST disagree as to whether rendition of the agreed
upon compensation shall be made notwithstanding. If PURCHASER and ARTIST disagree as to whether rendition of performance(s) is
impossible, not feasible or unsafe because of inclement weather, ARTIST's determination as to performance shall prevail.
5.The entertainment presentation to be furnished by ARTIST hereunder shall receive billing in such order, form, size and prominence as
directed by ARTIST in all advertising and publicity issued by or under the control of the PURCHASER. ARTIST's name or likeness may
not be used as an endorsement or indication of use of any product or service nor in connection with any corporate sponsorship or tie-up,
commercial tie-up or merchandising without ARTIST's prior written consent.
6.PURCHASER shall not itself, nor shall it permit others to record, broadcast or televise, photograph or otherwise reproduce the visual and/or
audio performances hereunder, or any part thereof without expressed written consent of ARTIST or ARTIST's representative.
7.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 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 personal injury or property damage or otherwise
brought by or on behalf of any third party person, form or corporation as a result of or in connection with the engagement, which claim does
not result from the active negligence of the ARTIST.
8.This contract (a) cannot be assigned or transferred without the written consent of PRODUCER, (b) contains the sole and complete
understanding of the parties hereto and (c) may not be amended, supplemented, varied or discharged, except by an instrument in writing
signed by both parties. The validity, construction and effect of this contract shall be governed by the laws of the State of Massachusetts,
regardless of the place of performance. THE PERSON EXECUTING THIS AGREEMENT ON PURCHASER'S BEHALF WARRANTS HIS/HER AUTHORITY
TO DO SO, AND SUCH PERSON HEREBY PERSONALLY ASSUMES LIABILITY FOR THE PAYMENT OF SAID PRICE IN FULL. The terms "PRODUCER"
and "PURCHASER" as used herein shall include and apply to the singular, the plural and to all genders.
Page 2/3
EXHIBIT B - pg. 5
EXPENSE SHEET
SESSION AMERICANA - 07/27/2023 - KENT
Artist :SESSION AMERICANA Show Time :PM
Date :07/27/2023 Agent :Lori Peters
Venue :CITY OF KENT CONCERT SERIES
Lake Meridian Park 14800 SE 272nd St
KENT WA, 98042
Venue Phone :253-856-5050
Venue Market :KENT
FIXED EXPENSES
Advertising $0.00 Insurance $0.00 Sound/Lights $0.00
Ascap/Bmi/Sesac $0.00 Loaders $0.00 Spot Rental $0.00
Barricades $0.00 Medical/Emt.$0.00 Stage Rental $0.00
Box Office $0.00 Misc $0.00 Supervisors $0.00
Car Rental $0.00 Misc 1 $0.00 Stagehands $0.00
Catering $0.00 Misc 2 $0.00 Support/Talent $0.00
Clean Up $0.00 Misc 3 $0.00 Support1 $0.00
Door Guards $0.00 Phone/Internet $0.00 Support2 $0.00
Exchange Rate $0.00 Police $0.00 Support3 $0.00
Electrician Equip. Rent $0.00 Production $0.00 Tix Commision Cap $0.00
Fireman $0.00 Prod./Stage Mgr $0.00 Tix Print $0.00
Forklift $0.00 Remote $0.00 Ticket Rebate $0.00
Furniture Rent $0.00 Rent $0.00 Tix Takers $0.00
Hall Rent Cap $0.00 Riggers $0.00 Towels $0.00
House Fixed Exp.$0.00 Runners $0.00 Transportation $0.00
House Manager $0.00 Sec.Private $0.00 Ushers $0.00
House Staff $0.00 Sec.T Shirt $0.00
Parking $0.00 Backline Rental $0.00
Totals $0.00
VARIABLE EXPENSES
Flat Percentage Per Ticket Total
Promoter Profit $0.00 Promoter Guarantee as cost $0.00
Rent $0.00 $0.00 Rent Capped At $0.00 $0.00
Insurance $0.00 $0.00 $0.00
Box Office $0.00 $0.00 $0.00
Credit Card $0.00 $0.00 $0.00
ASCAP $0.00 $0.00 $0.00
BMI $0.00 $0.00 $0.00
SESAC $0.00 $0.00 $0.00
SOCAN $0.00 $0.00 $0.00
Misc1 $0.00 $0.00 $0.00
Misc2 $0.00 $0.00 $0.00
Totals $0.00 0.00 $0.00 $0.00
SHOW REPORT AMOUNT
Net After Tax
SUMMARY AMOUNT
AVG. Ticket Price $0.00
Total Tickets 0.00
Gross Ticket $0.00
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Page 3/3
EXHIBIT B - pg. 6
Signature:
Email:
Melissa McCormick (Jan 19, 2023 08:16 PST)
Melissa McCormick
cityclerk@kentwa.gov
23_SCS_SessionAmericana_Contract
Final Audit Report 2023-01-19
Created:2023-01-11
By:Ronda D Billerbeck (rbillerbeck@kentwa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAXhLHzRNQo1_AiV1RxQtdWKjuQrbNKrf2
"23_SCS_SessionAmericana_Contract" History
Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov)
2023-01-11 - 10:42:36 PM GMT- IP address: 146.129.252.126
Document emailed to lhogan@kentwa.gov for signature
2023-01-11 - 10:47:02 PM GMT
Email viewed by lhogan@kentwa.gov
2023-01-12 - 4:51:31 PM GMT- IP address: 146.129.252.126
Signer lhogan@kentwa.gov entered name at signing as Lori Hogan
2023-01-12 - 4:52:54 PM GMT- IP address: 146.129.252.126
Document e-signed by Lori Hogan (lhogan@kentwa.gov)
Signature Date: 2023-01-12 - 4:52:56 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to lori@concertedefforts.com for signature
2023-01-12 - 4:52:58 PM GMT
Email viewed by lori@concertedefforts.com
2023-01-13 - 5:55:17 PM GMT- IP address: 148.59.24.25
Signer lori@concertedefforts.com entered name at signing as Isabella DeHerdt
2023-01-19 - 4:03:18 PM GMT- IP address: 75.134.252.29
Document e-signed by Isabella DeHerdt (lori@concertedefforts.com)
Signature Date: 2023-01-19 - 4:03:20 PM GMT - Time Source: server- IP address: 75.134.252.29
Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature
2023-01-19 - 4:03:21 PM GMT
Email viewed by Kim Komoto (kkomoto@kentwa.gov)
2023-01-19 - 4:03:52 PM GMT- IP address: 104.47.64.254
Document e-signed by Kim Komoto (kkomoto@kentwa.gov)
Signature Date: 2023-01-19 - 4:05:16 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to cityclerk@kentwa.gov for signature
2023-01-19 - 4:05:17 PM GMT
Email viewed by cityclerk@kentwa.gov
2023-01-19 - 4:11:59 PM GMT- IP address: 104.47.64.254
Signer cityclerk@kentwa.gov entered name at signing as Melissa McCormick
2023-01-19 - 4:16:31 PM GMT- IP address: 146.129.252.126
Document e-signed by Melissa McCormick (cityclerk@kentwa.gov)
Signature Date: 2023-01-19 - 4:16:33 PM GMT - Time Source: server- IP address: 146.129.252.126
Agreement completed.
2023-01-19 - 4:16:33 PM GMT