HomeMy WebLinkAboutCAG2023-266 - Original - Rave On Productions - Spotlight Series: Yesterday and Today: The Interactive Beatles Experience - 01/26/2024 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr:
Agreement Routing Form Dir. Assist:
• For Approvals,Signatures and Records Management
KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover
WASHINcroN Sheet forms. Dir/Dep Dir:
Originator: Department:
Ronda Billerbeck Parks, Recreation & Community Services
Date Sent: Date Required:
> 04/21/2023 ASAP
0
CL Authorized to Sign: Date of Council Approval:
QDirector or Designee N/A
Budget Account Number: Grant? Yes WINo
10006222.64190.4310
Budget?W]Yes:No Type: N/A
Vendor Name: Category:
Rave On Productions (for Yesterday and Today) Contract
Vendor Number: Sub-Category:
= 2515649 Original
R0 Spotlight Series 2023-2024 -Yesterday and Today: The Interactive Beatles Experience
Project Name:
1.1. Project Details:Contractor will present one public performance of"Yesterday and Today:
0
= The Interactive Beatles Experience" as part of Spotlight Series on Friday,
*, January 26, 2024.
c
40
E Agreement Amount: $8 500 Basis for Selection of Contractor: Other
`Memo to Mayor must be attached
Start Date: 01/26/2024 Termination Date: 01/26/2024
Im
Q Local Business?F--]YeslzNo* If meets requirements per KCC3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace.
Business License Verification:Yes In-Process Exempt(KCC 5.01.045)
Notice required prior to disclosure? Contract Number:
FTesONo CAG2023-266
Comments:
a1
G
3
4)
H
•� i
N 3
f0
C
V1
Date Routed to the City Clerk's Office: 4/26/23
,c«w»373__,0 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20210513
•
KENT PERFORMANCE AGREEMENT
WASH I NGTO N between the City of Kent and
Rave On Productions, for the services of
Yesterday and Today: The Interactive Beatles Experience
THIS PERFORMANCE AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Yesterday and Today: The Interactive Beatles Experience (the "Contractor"), doing
business through Rave On Productions organized under the laws of the State of Nebraska, located and doing business
at 2540 N. 53,d Street, Omaha, NE 68104 (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 performance of"Yesterday and Today: The
Interactive Beatles Experience" as part of Kent Arts Commission's Spotlight
Series.
Start Time/Duration/Stop Time: 7:30 p.m. /2 hours including short intermission/9:30 p.m.
Day, Date, Year: Friday, January 26, 2024
Event Location: Kent-Meridian High School Performing Arts Center, 10020 SE 2561' St., Kent,
WA 98030
Lodging: City will provide eight (8) rooms for two nights.
Refreshments: City will provide refreshments and a meal (or meal buy-out)on the day of the
performance as specified in Exhibit B.
Billing: "Yesterday and Today: The Interactive Beatles Experience."Artist to receive
100% sole headline billing in all advertising, with exception of season brochure.
Sponsorship: City reserves the right to obtain corporate sponsor(s)for Contractor's
performance.
Merchandising: Contractor shall have the sole and exclusive right, but not obligation, to sell
souvenir posters, programs, CDs, DVDs and other merchandise directly
pertaining to and/or bearing the likeness of the Contractor at the performance.
City will retain 15% of the receipts when Contractor provides sales staff and 20%
of the receipts when City provides sales staff.
Exclusivity: Contractor shall not appear in general Seattle/Puget Sound market, including
King, Pierce, Snohomish, and Kitsap Counties, within two-months before or after
January 26, 2024, with the exception of venues previously discussed and
mutually agreed upon.
House seats: City will hold ten (10) complimentary house seats for Contractor, to be released
24 hours prior to curtain if not notified by Artist.
As may be more particularly described in any rider that may be attached and incorporated into this Agreement as Exhibit
B.
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$8,500.00 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$1,700 will be paid by City check to Rave On Productions upon complete execution of contract.
PERFORMANCE AGREEMENT- 1
(between City and Artist, through Artist's Agent)
The balance of$6,800.00 will be paid by City check to Rave On Productions on the day of performance. However, should
restrictions imposed due to the current Coronavirus pandemic require 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 date(s) and at the time(s) contained in Section II. The City shall also provide ushers, house manager,
and box office staff and any additional services and personnel as required by the City, for the efficient operation of the
engagement. Other arrangements will be the responsibility of the City and Contractor as follows below:
Venue: City will provide proscenium theater: Kent-Meridian High School Performing Arts Center
Sound: City will provide sound system according to Contractor's technical rider
Lights: City will provide lighting according to Contractor's technical rider
Dressing Rooms: City will provide dressing room facilities
Technical Staff: City will provide sound and lighting technicians, and theater manager familiar with facility.
Contractor will provide any other technical staff, including a road manager or technical director,
necessary for the performance.
As may be more particularly described in any rider that may be attached and incorporated into this Agreement as Exhibit
B.
VI. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer
Relationship will be created by this Agreement, and that the Contractor has the ability to control and direct the
performance and details of its work, the City being interested primarily only in the results obtained under this Agreement
and compliance with its terms and conditions.
VII. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall be responsible for the safety of its
employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose.
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, 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 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,
PERFORMANCE AGREEMENT- 2
(between City and Artist, through Artist's Agent)
the city will attempt to arrange an alternate performance space and Contractor will employ its best efforts to provide the
contract work in that alternate performance space. Neither party shall be under liability for failure to perform in the event
that such failure is caused by or due to acts or regulations of public authorities, civil tumult, strike, epidemic or any other
cause beyond the control of either party. In the event of failure to perform as provided in this section, neither party shall be
liable for the balance of the Agreement.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its Contractors to
use recycled and recyclable products whenever practicable. A price preference may be available for any designated
recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants
and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more
instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the
same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim
arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim,
shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King
County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or
lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and
attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided
by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification as
provided for by this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder
shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be
deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may
be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-
assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement
shall continue in full force and effect and no further assignment shall be made without additional written consent.
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)
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date
entered below.
CONTRACTOR: CITY OF KENT:
ate Wlu4y' Loral I*ay
By:Kate Whitecotton(Apr27,2023 09:35 CDT) By:Lori Hogan(Ap 24,2023 09:24 PDT)
Print Name: Lori Hogan
Print Name:
Its Its: Recreation and Cultural Services Supt
DATE: 04/27/23 DATE: 04/24/2023
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Kate Whitecotton, CEO Ronda Billerbeck, Cultural Programs Manager
Rave On Productions City of Kent
2540 N. 53rd Street 220 Fourth Avenue South
Omaha, NE 68104 Kent, WA 98032
(402) 682-2868 (phone) (253) 856-5055 (telephone)
kate billymcguignan.com (email) rbillerbeck kentwa. ov (email)
ATTEST:
kRAD
PERFORMANCE AGREEMENT - 4
(between City and Artist, through Artist's Agent)
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);
0 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 - 1 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 - 2 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 - 3 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.
Kate-W&u ff�
By: Kate Whitecotton(Apr27,202309:35 CDT)
For:
Rave On Productions
Title: CEO
Date: 04/27/23
EEO COMPLIANCE DOCUMENTS - 4 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.
EEO COMPLIANCE DOCUMENTS - 5 of 5
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
Exhibit B
.1
I I
The Interactive Beatles Experience
Preliminary Technical Rider
This document consists of five (5) pages.
A. COMPANY—The Company consists of 5 performers, and 4 production staff,traveling by a
Truck pulling a Trailer and a Minivan. Parking should be made available near the theatre for the
duration of the run at no expense to the company.
B. RUNNING TIME—The full production runs approximately 130 minutes with one 15 minute
intermission.
C.ADVANCE—Kate Whitecotton,the Tour Production Manager will contact your Technical
Director at least two weeks prior to show date. See contact info on Page 6 should you have
questions pertaining to this Rider or any other production aspects.
D. LOAD-IN REQUIREMENTS—A minimum of 6 hours is required for"Day of Performance Load
in"to load in and focus all elements, providing all lighting equipment is pre-hung,gelled and
patched according to the information sent.The following steps are designed to make sure
that Yesterday and Today's load-in is a hassle free experience for all involved. If ANY of the steps
below cannot be completed before our staff arrives, please contact our Tour Production
Manager so that we can prepare to alter our load-in plan.
1. Preparation—In preparation for Yesterday and Today's load-in,the following steps
are to be taken prior to the crew's arrival:
• All lights must be hung, patched, gelled and tested according to the light plot sent
by a member of Yesterday and Today's technical staff
• All house soft goods should be hung
• The stage should be clear and swept
Load in will commence approximately 6 hours prior to curtain time.
2. Personnel- Local crew required for load-in, setup, run of show, and load-out
assistance:
Load-In/Out and Set-Up Show
1 Electrician 2 FOH Personnel (for request tables)
1 General Tech 1 Light Board Operator
1 Light Board Operator
Yesterday & Today Tech. Rider p. 1 of 5
Exhibit B - page 2
The above crew requirements are based on a typical load-in/show situation. If the local
union requires an additional complement of crew,these will be provided at no expense
to the Company. The above figures are only estimates and may be altered slightly at the
time of advancing the show by the Tour Production Manager.
3. Loading Door-The loading door should be close to the stage. All obstructions must
be removed prior to the Company's arrival. The loading ramp must be free of ice, salted
if necessary and well lit. The loading door should have a minimum height of seven feet
and a minimum width of eight feet. Our truck must be able to unload at the loading
door or loading platform.
E. LIGHTING AND ELECTRICAL—The light plot must be hung, circuited, gelled and tested prior to
the Company's arrival. Due to the nature of the show, we are able to use a house light plot as
long as it has the ability to refocus specials on each member of the band,with plenty of color
and pattern options.
The lights are run like a rock show with no set cues.The SM will call specific lighting requests as
the show is happening.The light board operator must be experienced in running a rock and roll
light show. Set lists for each act are provided S minutes to the start of the act.
The venue will provide a Light Board Operator that will work with our Production Manager to
focus the lights and run the Light Board for the show.
F. GENERAL STAGE NOTES—Company travels with full set, costumes, props, and musical
instruments. Set consists of 2 platforms on stage (to be provided by Presenter) and a painted
scrim (carried by company)to be hung from fly system.
1. Items using Stage Battens—Please make sure you have enough stage weight. The
battens for scenery should be cleared of all other scenery and have free travel from the
floor to the grid.
• The venue is required to provide a plain white or light blue sky drop or cyc to hang
in an upstage position.
• A painted scrim will be hung in an upstage position, directly behind the drum riser.
The scrim is 18' tall x 42' wide.
2. Items on deck—The local presenter will ensure the availability of all unobstructed
wing space and the cleaning of all wing space and the stage floor prior to the arrival of
the Company and prior to the curtain of each performance.
There are two riser platforms for the band provided by the Presenter.
• One—8'x8'x2' riser
• One -4'x8'x8" riser
• 1 - LeMaitre Radiance Hazer using a water-based fluid and carried by the Company
is used throughout the show and is generally placed in one of the wings.
3. House drapery—The venue is to provide appropriate sets of black legs and borders to
properly mask the stage. If the venue has a standard house hang of black legs and
borders, although not optimal, it would be acceptable for the show. On stages with
prosceniums less than 38',the black legs should hang no further on stage than the
proscenium opening.
• All trims will be set by the Tour Lighting Director prior to light focus.
Yesterday & Today Tech. Rider p. 2 of 5
Exhibit B - page 3
• As previously noted,the venue is to provide a plain white or light blue sky drop
or cyc.
• A house curtain is not used for the show.
G. SOUND—We travel with a complete system. However, if there is an existing sound system in
your theatre, we may opt to patch into or use it if our Sound Engineer feels it will be more
effective. If house sound is utilized, our Tour Production Manager will review specs and modify
accordingly.
The FOH position will require unimpeded sightline to the stage and is ideally located in the
center of the venue, on the main floor, approximately 75— 100 feet from the stage.
The venue is asked to provide power for the stage.Three quad boxes upstage of the platforms
and three quad boxes evenly spaced downstage. The FOH speakers are to be powered on a
separate circuit with two outlets at each speaker position.
The venue is asked to provide twenty (20)AA batteries for wireless microphone units.
H.ADDITIONAL NEEDS—As this is an audience request show, the venue must provide multiple
areas throughout public space such as outer main lobby, balcony lobby, etc. where audience
members can fill out and submit their request cards prior to the show and again at intermission.
Audience members will need to be urged by Front of House Staff/Ticket Takers upon arrival to
fill out the provided request cards prior to the performance starting. Depending on size of
house,there should be 2-3 request stations in the main lobby and 1-2 in outer balcony lobby(if
applicable)that consist of:
• Table top/writing surface
• Ample supply of sharpened pencils
• A request catcher(i.e. a basket/fishbowl where patrons may leave requests)
• Signage or FOH Personnel instructing patrons
The Company will provide all request cards unless otherwise discussed.
Our production manager will periodically collect the requests over the course of the audience
walk-in and take them backstage for the band to begin assembling the set list for ACT I.
I. DRESSING ROOMS and RESTROOM—Two (2) large chorus-type dressing rooms are required,
as well as one (1) star dressing room. The dressing rooms must be near hot and cold running
water with easy access to restroom facilities not used by the public.
An assortment of Hand and Shower towels should be made available for the band prior and
during the show.
J.WARDROBE— Yesterday and Today will provide all costumes.An ironing board, iron, and
commercial steamer should be made available for our use as well. Portable costume racks n
should be available throughout the wardrobe work area and in all dressing room spaces. Y�/C U KW
For multiple performances and
runs,the Company will need dry cleaning services at no additional cost to the Company.
Yesterday & Today Tech. Rider p. 3 of 5
Exhibit B - page 4
K. HEADSETS—The Local Presenter is required to provide headsets to the following positions:
Stage Manager position, lighting console, and sound console.This is a must if lighting/sound
positions are in separate areas of the house.
L. MERCHANDISING—The local presenter will provide, at no cost to the production, one well-lit
area of high-traffic,for merchandise sales. In each of the merchandising areas,the local
presenter must provide a table with black tablecloth, 2 "Sharpie" style pens.
M. LODGING—The Local Presenter shall provide 12 non-smoking king or queen single rooms at
no expense to the company in a minimum 3-star hotel (Le. Holiday Inn Express, Hampton Inn, Hotel will be
Radisson), unless outlined otherwise in the contract. Prior to booking the hotel, please contact Best Western
Kate Whitecotton to confirm number of rooms. In some cases,the company will be arriving a 11�2 U
day earlier and may request the rooms to be broken up for two nights. /<W
KW
IT IS EXTREMELY IMPORTANT THAT THE ROOMS BE ALLERGY FREE, MEANING NO HOTELS OR
ROOMS WHERE PETS OR SMOKING WERE OR ARE ALLOWED!
N. HOSPITALITY—On load in day, there should be light foods for coffee break for production
crew, as well as local crew consisting of bottled water, coffee, soda water(La Croix or similar),
coke, Red Bull (Sugar free and regular), vegetables,fresh fruit, etc. We also request a package
of Ricola cough drops in lemon honey or similar.
Prior to each show there should be an organic, health conscience hot meal with the option of
being dairy free (example, cheese, butter, etc. can be provided on the side), and no MSG due to
allergies. Any grilled meats provided must be grass fed.This will be provided for the production
cast and crew (9 people). Please let Production Manager know if there are any questions, or if
you need any meal suggestions. An assortment of beverages, bottled water, soda water, hot
water, lemon, honey, coffee, cream, sugar, etc should be made available throughout the day,
from load-in to load-out.
O. MCGUIGAN CLAUSE—Billy, Matthew and Ryan McGuigan's name is pronounced Mic-
Gwiggan.The Company asks that all media, interviewers, and staff be familiar with the correct
pronunciation.
P. EMERGENCY INFORMATION— Presenter must post on a bulletin board backstage, or the
Stage Manager's desk,the names, addresses and 24-hour phone numbers of hospitals, fire
department and police stations that may be needed in case of any emergency. Directions to the
theatre should also be provided.
Q. SECURITY—The Company believes that the security of instruments, personnel, scenery,
costumes, properties and personal belongings is of utmost importance. For this reason, theater
space used for Company property must be restricted.
R. FIRE DETECTION SYSTEMS— Yesterday and Today uses a haze machine with water-based haze
throughout the performance. It is the responsibility of the venue to ensure this will not set off
any fire detection alarms.
S. YESTERDAYAND TODAYTECHNICAL CONTACTS—If you have any further questions about the
details of our production, please feel free to contact any of Yesterday and Today's Production
Staff listed below. We are always happy to help you with your preparations in any way we can.
Yesterday & Today Tech. Rider p. 4 of 5
Exhibit B - page 5
Kate Whitecotton
PRODUCTION MANAGER
Rave On Productions
402.682.2868
kate@billymcguigan.com
The staff, cast and crew of Yesterday and Today are extremely excited about bringing our
production to your facility. We also request that you include a scaled ground plan and technical
information about your theater, as this will help us to become familiar with your facility. If there
are any particular problems that other groups have encountered when playing your facility,
please describe them in writing to us. Like you, we want to present the best performance
possible. If you have any questions concerning anything in the Rider, please do not hesitate to
contact us.
AGREED: �j���7'� ��, �, /
5G�ti�e'14ae-119
Presenter
Print: Ronda Billerbeck, Cultural Programs Manager
Date: 4/18/23
TECHNICAL DIRECTOR
Ronda Billerbeck for Jay Thornton
Technical Director
Print:
Date:
Yesterday & Today Tech. Rider p. 5 of 5
Exhibit C
41
2540 N 53"Street,Omaha,NE,68104
PERFORMANCE CONTRACT
This AGREEMENT, is made on Friday,April 14, 2023 between Rave On Productions(hereinafter called "PRODUCER or
ATTRACTION") and City of Kent, (hereinafter called"PRESENTER") under the following terms and conditions:
PRODUCTION: Yesterday and Today:The Interactive Beatles Experience NUMBER OF PERFORMANCES: 1
DAYS DATES TIME(S)
Friday January 26, 2024 7:30pm
CONTACT VENUE INFORMATION
Ronda Billerbeck Kent-Meridian High School Performing Arts Center
Cultural Programs Manager 10020 SE 256th St
City of Kent Kent WA,98030
OFFICE: 253-856-5055 Seating Capacity: 359
MOBILE: 206-450-7203 Stage Dimensions: 37'6"wide x 27'9"deep
EMAIL: rbillerbeck@kentwa.gov In-House Lights? Yes
In-House Sound? Yes
PUBLICITY CONTACT TECHNICAL CONTACT
Dan Mortensen
PHONE: 206-525-2113
MOBILE:
EMAIL:dansoundinc@gmail.com
PERFORMANCE FEE:$8500.00
ADDITIONAL TERMS: plus eight(8) hotel rooms for two(2) nights and requests in technical rider.
DEPOSIT:$1700.00 PAYABLE TO: Rave On Productions FED ID:72-1560315
DUE:with return of signed contract
BALANCE: $6800.00 PAYABLE TO: Rave On Productions FED ID:72-1560315
DUE: on the date of performance(in the form of Certified Check,Company Check,or Money Order)
I
2140 N 53"Street,Omaha,NE,68104
1. All payments must be made in the form of a Certified Check, Company Check or ACH (Automated
Clearing House). The deposit, as stated on page one of this agreement will be due with return of
the signed contract. PRESENTER must notify PRODUCER on or before contract due date of any
alternate arrangements concerning deposit money.
2. This agreement must be SIGNED and RETURNED by PRESENTER within 30 days of the date issued as
stated on page one of this contract. If this agreement is not signed by said date, the PRODUCER
have the right to declare this instrument null and void, and PRODUCER shall be free to make other
arrangements for the performance date(s). If PRESENTER begins promotion of the event to which
this contract refers, including, but not limited to: television, radio, print media, or website, before
full execution of this contract, this contract, unedited, will stand as the de facto governing
document for the event. If circumstances warrant, a deadline extension, PRESENTER must notify
PRODUCER on or before the contract due date.
3. PRESENTER agrees to furnish at its sole costs and expense the place(s) of performance o the date(s)
and at the time(s) set forth on page one of this contract, properly heated, ventilated, lighted,
cleaned and in good order, with clean, comfortable dressing rooms near the stage, as well as all
other items necessary for the presentation as stated in the attached technical and or artist rider,
including, but not limited to electricians, stage hands, attaches, special police, ushers, ticket takers,
truck loaders and unloaders, all license, fees, tickets, bill posting, mailing and distribution of
circulars, daily display, newspaper advertising in the principal newspapers of the area, publicity
services of every type required, all lights, props, equipment, and facilities.
4. In the event PRESENTER fails to provide any of the items herein stated, or fails to make any of the
payments as provided herein or to proceed with engagement or otherwise comply with its
obligation hereunder, PRODUCER shall have no obligation to perform this contract, and PRODUCER
shall retain any amounts therefore paid to PRODUCER pursuant to page 1, and PRESENTER shall
retain liable to PRODUCER for the full contract price herein set forth.
5. A performance may only be cancelled in the event of civil tumult, epidemic, interruption of
transportation services, war conditions, or natural disaster. It is understood and agreed that
preshow tickets sales volume are not grounds for cancellation. In certain instances, when
applicable, the PRODUCER due to acceptance of a television, movie, or Broadway contract may
cancel a performance. In such an instance, all monies will be refunded, less expenses. If
emergency weather conditions render performance impossible, payment of agreed upon
compensation shall still be made provided, however, that an alternative performance date can be
arranged by PRODUCER. PRESENTER shall be responsible for any additional fees associated with
the rescheduling of the performance.
K'W
Initials: Presenter Producer
I
2140 N 53`l Street,Omaha,NE,68104
6. In the event of one or more of the members of the company cannot perform because of ill health,
physical disability, or other circumstances not within their control, PRODUCER shall use best efforts
to furnish a substitute(s) for such members(s), excluding Billy McGuigan. PRODUCER shall not be
liable of failure of such member(s) to perform. PRESENTER agrees to accept such substitution(s) as
full performance, and shall not be relieved of any of its obligations hereunder provided the
performance is given.
7. PRODUCER shall furnish PRESENTER with program copy no sooner than 30 days prior to
performance, which the PRESENTER shall be free to duplicate and distribute at performance. In
addition, PRODUCER shall furnish, when available, the following: sample press release, publicity
photograph(s), non-imprinted digital artwork suitable for PRESENTER'S duplication and use for
posters, fliers, newsletters, newspaper ads and other print advertising.
8. PRODUCER shall at all times have the sole right to sell or give away souvenirs, programs, books,
magazines, periodicals, tapes, CDs, mugs, buttons, clothing and similar merchandise related to the
production, its title or its logo.
9. PRESENTER agrees to hold a total of twelve (12) complimentary house seats for PRODUCER for
each performance, located center orchestra, to be released twenty-four (24) hours prior to curtain
if not notified by PRODUCER.
10. PRESENTER shall indemnify and hold PRODUCER and each member of PRODUCER'S staff and
company harmless from and against any loss, damage or expense, including reasonable attorney's
fee, incurred or suffered by or threatened against any of them in connection with or as a result of
any claim for personal injury or property damage brought by or on behalf of any third party person,
firm or corporation which is alleged to be as a result of or in connection with the engagement
which is the subject of this agreement, including the presentation of the event itself, which claim
does not result directly from PRODUCER'S active negligence.
11. PRESENTER shall be solely responsible for all music royalties in connection with PRESENTER'S use of
music with the exception of that used within PRODUCTION. PRESENTER warrants that it has
obtained any necessary ASCAP, BMI, SESAC or similar license.
12. No radio, transmitting, or recording device of any nature may be use at any time without the
approval of the PRODUCER.
K'W
Initials: Presenter 112 1�q Producer
I
2540 N 53`l Street,Omaha,NE,68104
13. PRESENTER shall be responsible for any and all city, state, and federal amusement taxes.
PRESENTER agrees to pay or absorb any other taxes, including state withholding taxes.
14. This contract may not be assigned or transferred without the written consent of PRODUCER. It
contains the complete understanding of the parties hereto, and may not be amended,
supplemented, varied or discharged, except by an instrument n writing and signed by the parties.
This agreement and any modifications may be signed in counterparts, all of which taken together
shall constitute a binding agreement.
15. The attached Technical Rider and/or Artist Rider shall be made part of the contract herein.
16. The laws of the PRODUCER'S state of origin shall govern this agreement.
t W
Initials: Presenter A Producer KVV
I
2540 N 53"Street,Omaha,NE,68104
SIGNATURE PAGE
AGREED AND ACCEPTED:
The undersigned warrant that they have the authority to commit their organization to the terms of this
contract. This contract shall not be binding unless signed by all parties below. Signed contract is to be
returned to Rave On Productions within 30 DAYS of the issue date noted on the front page of this
contract.
FOR LOCAL PRESENTER
Signed 54&""�Oclel Title Cultural Programs Manager
Date 4/18/23
Print Name Ronda Billerbeck
PRODUCER
Kee- CEO
Signed Kate Whitecotton(Apr 27,202309:35CDT) Title
Date 04/27/23
Print Name Kate WhiteCOttOn
Signature• M6l%5Sq MGCo!'YY7%GK
Melissa McCormick(Apr 27,202308:40 PDT)
Email: cityclerk@kentwa.gov
Contract_Y&T_Spotlight_23_24
Final Audit Report 2023-04-27
Created: 2023-04-21
By: Ronda D Billerbeck(rbillerbeck@kentwa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAmeYLz2lLoNd9Ctpnto4KSSo8JUUkOPWn
"Contract_Y&T_Spotlight_23_24" History
Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov)
2023-04-21 -7:44:21 PM GMT-IP address: 146.129.252.126
Document emailed to Ihogan@kentwa.gov for signature
2023-04-21 -7:48:51 PM GMT
Email viewed by Ihogan@kentwa.gov
2023-04-24-4:23:18 PM GMT-IP address: 104.47.64.254
do Signer Ihogan@kentwa.gov entered name at signing as Lori Hogan
2023-04-24-4:24:32 PM GMT-IP address: 146.129.252.126
�p Document e-signed by Lori Hogan (Ihogan@kentwa.gov)
Signature Date:2023-04-24-4:24:34 PM GMT-Time Source:server-IP address: 146.129.252.126
Document emailed to Kate Whitecotton (kate@billymcguigan.com)for signature
2023-04-24-4:24:36 PM GMT
Email viewed by Kate Whitecotton (kate@billymcguigan.com)
2023-04-27-2:30:47 PM GMT-IP address:47.225.222.123
f55a Document e-signed by Kate Whitecotton (kate@billymcguigan.com)
Signature Date:2023-04-27-2:35:46 PM GMT-Time Source:server-IP address:47.225.222.123
Document emailed to Kim Komoto (kkomoto@kentwa.gov)for signature
2023-04-27-2:35:47 PM GMT
Email viewed by Kim Komoto (kkomoto@kentwa.gov)
2023-04-27-2:55:13 PM GMT-IP address: 104.47.65.254
Document e-signed by Kim Komoto (kkomoto@kentwa.gov)
Signature Date:2023-04-27-2:55:28 PM GMT-Time Source:server-IP address: 146.129.252.126
Powered by
Adobe
ENT Acrobat Sign
Document emailed to cityclerk@kentwa.gov for signature
2023-04-27-2:55:29 PM GMT
Email viewed by cityclerk@kentwa.gov
2023-04-27-3:37:47 PM GMT-IP address: 104.47.64.254
Signer cityclerk@kentwa.gov entered name at signing as Melissa McCormick
2023-04-27-3:40:06 PM GMT-IP address: 146.129.252.126
Document e-signed by Melissa McCormick (cityclerk@kentwa.gov)
Signature Date:2023-04-27-3:40:08 PM GMT-Time Source:server-IP address: 146.129.252.126
Agreement completed.
2023-04-27-3:40:08 PM GMT
Powered by
Adobe
�� KENT Acrobat Sign