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HomeMy WebLinkAboutCAG2023-025 - Original - Concerted Efforts LLC - Thursdays at the Lake: Session Americana Concert - 07/27/2023Ap p r o v a l Originator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type: Re v i e w / Si g n a t u r e s / R o u t i n g Comments: Date Routed to the City Clerk’s Office: Ag r e e m e n t I n f o r m a t i o n 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 4 $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 Powered by TCPDF (www.tcpdf.org) 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