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HomeMy WebLinkAboutCAG2023-454 - Original - IMG Artists, LLC - Spotlight Series: Trailblazing Women of Country - 08/29/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: L/f LH Agreement Routing Form Dir. Assist: • For Approvals,Signatures and Records Management KEN T This form combines&replaces the Request for Mayor's Signature and Contract Cover W ASH IN GTON Sheet forms. Dir/Dep Dir• J Originator: Department: Ronda Billerbeck Parks, Recreation & Community Services Date Sent: Date Required: > 05/22/2023 ASAP 0 Q Authorized to Sign: Date of Council Approval: QDirector or Designee N/A Budqet Account Number: Grant? Yes©No 10006222.64190.4310 Budget?W]YesD No Type: N/A Vendor Name: Category: IMG Artists, LLC Contract Vendor Number: Sub-Category: c Original 1388359 SWRplewoot- 0 2023-2024 Spotlight Series - Trailblazing Women of Country Project Name: g Y 1.1. Project Details:Trailblazing Women of Country will perform as part of Spotlight Series on 0 Friday, March 1, 2024. c a� Agreement Amount: $1 0,000.00 Basis for Selection of Contractor: Other *Memo to Mayor must be attached Start Date: 03/01/2024 Termination Date: 03/01/2024 Q Local Business 10 Yes W1No* If meets requirements per KCC3.70.100,pleosecomplete"VendorPurchose-Local Exceptions"form onCityspace. Business License Verification:Yes In-Process Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: F—]YeswINo CAG2023-454 Comments: C a:+ 3 N � 3 � rr f0 C N Date Routed to the City Clerk's Office: 8/29/23 ad,V�7i__C Visit Documents.KentWA.govto obtain copies of all agreements rev.20210513 40le KENT PERFORMANCE AGREEMENT WASH I NGTO N between the City of Kent and Trailblazing Women of Country, c/o IMG Artists LLC THIS PERFORMANCE AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Trailblazing Women of Country (the "Contractor"), doing business through IMG Artists LLC organized under the laws of the State of New York, located and doing business at 7 West 54t" Street, New York, NY 10019, 212-994-3500. (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: Trailblazing Women of Country (hereinafter referred to as"Artist")will present one public performance as part of the Kent Arts Commission's"Spotlight Series." Start Time/Duration/Stop Time: 7:30 p.m. /approximately two hours, intermission TBD/9:30 p.m. Day, Date, Year: Friday, March 1, 2024 Event Location: Kent-Meridian High School Performing Arts Center, 10020 SE 256t" Street, Kent, WA 98032 Travel/Transportation: City will provide ground transportation as needed according to the rider, attached as Exhibit B. Lodging: City will provide nine (9) hotel rooms on the night of Friday, March 1, 2024. Refreshments: City will provide refreshments and a meal on the day of the performance as specified in the rider, attached as Exhibit B. Merchandising: Artist shall have the sole and exclusive right, but not obligation, to sell souvenir posters, programs, CDs, DVDs and other merchandise directly pertaining to and/or bearing the likeness of the Artist at the performance. City will retain 15% of the receipts when Artist provides sales staff and 20% of the receipts when City provides sales staff. Billing: "Trailblazing Women of Country—A Tribute to Patsy, Loretta, and Dolly. Produced by Eli Wolf." 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 Artist's performance. Exclusivity: Artist shall not appear in general Seattle/Puget Sound market during the 2023- 2024 season (September 2023—August 2024, including King, Pierce, Snohomish, and Kitsap counties, with the exception of venues previously discussed and mutually agreed upon. House seats: City will hold ten (10)complimentary house seats for Artist, to be released 24 hours prior to curtain if not notified by Artist. *All as more specifically described in the attached Exhibit B PERFORMANCE AGREEMENT- 1 (between City and Artist, through Artist's Agent) 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 $10,000 for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. A deposit of $2,500 will be paid, by City of Kent check, to IMG Artists LLC 60 days prior to the performance date. The balance of$7,500 will be paid, by City of Kent check, to IMG Artists LLC, and mailed the first business day following the performance. Checks will be mailed to the attention of Jean Lee at IMG Artists, 7 West 54th Street, New York, NY 10019. 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 according to Contractor's rider.* 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. *All as more specifically described in the attached 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. PERFORMANCE AGREEMENT- 2 (between City and Artist, through Artist's Agent) All costs incurred by the City due to Contractor's failure to comply with the terms and conditions of this Agreement shall be the responsibility of the Contractor. The City may deduct its costs from any payments due to the Contractor or pro-rate the Agreement amount based upon the actual time of Contractor's performance compared to the contracted performance schedule. XII. IMPOSSIBILITY OF PERFORMANCE. Indoor performances may be dependent upon a facility which the City may or may not have control over. Outdoor performances are considered "rain or shine." In the event that extreme inclement weather renders and outdoor performance impossible, or an indoor facility unexpectedly becomes unavailable, the city will attempt to arrange an alternate performance space and Contractor will employ its best efforts to provide the contract work in that alternate performance space. Neither party shall be under liability for failure to perform in the event that such failure is caused by or due to acts or regulations of public authorities, civil tumult, strike, epidemic or any other cause beyond the control of either party. In the event of failure to perform as provided in this section, neither party shall be liable for the balance of the Agreement. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its Contractors to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification as provided for by this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non- assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 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: By. By.Juli_ arasmndola(Aug 79,707317:V PDT) TobyTuAai nt re) Print Name: Print Name: Julie Parascondola Its EVP,Global Head of Artists&Attractions Its: Director, Parks, Recreation &Community Services DATE:8/28/23 DATE: 8/29/23 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Toby Tumarkin, Executive Vice President- Global Head of Ronda Billerbeck Artists &Attractions City of Kent IMG Artists 220 Fourth Avenue South 7 West 54th Street Kent, WA 98032 New York, NY 10019 (253) 856-5055 (telephone) (212) 994-3500 (telephone) rbillerbeck@kentwa.gov (email) ttumarkin(a)_imgartists.com (email) ATTEST: eU� &A City Clerk 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. By: For: I M G Artists Title: EVP, Global Head of Artists &Attractions Date: 8/28/23 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. mow. EXHIBIT B IMC Artists Please disregard any previous rider versions you may have received for this Artist Trailblazing Women of Country Rider A Tribute to Patsy, Loretta, and Dolly (subject to change) THIS RIDER IS ATTACHED TO AND HEREBY MADE PART OF THE CONTRACT DATED BETWEEN City of Kent Arts Commission(Hereinafter referred to as"PRESENTER"),AND IMG Artists.(Hereinafter referred to as Producer) F/S/O "Trailblazing Women of Country — A Tribute to Patsy, Loretta, and Dolly" (hereinafter referred to as"ARTIST"). Absolutely no changes are to be made to this rider without prior agreement with ARTIST or his/her designated representative. 1. STAGE and SOUND EQUIPMENT To assure a quality concert, PRESENTER agrees to provide ARTIST with the following, at PRESENTER'S sole cost and expense: a. A stage for performance with adequate space for a standard drum set,acoustic&electric bass with amps,electric&acoustic guitar with amps,piano,organ&keyboard with amps,pedal steel guitar with amps,and two(2)vocalists. The stage must be flat, smooth, and stable. b. A professional lighting system suitable to adequately illuminate the stage area. A separate lighting director on site,to produce live light accompaniment. c. At least three (3) appropriately sized load-bearing risers to accommodate drummer, bass, and guitar players. d. A professional sound augmentations system,with at least 32 inputs,and 8 separate monitor mixes, capable of providing clear, undistorted, evenly distributed sound throughout the audience area. The system must be complete with at least sixteen (16) high quality microphones, and eight (8) high quality monitor speakers. An engineer experienced in the house system to operate said system must be on hand for the sound check and performance.A monitor engineer is required to separately mix stage monitors. 2. BAND PERSONNEL a. Vocal b. Vocal c. Piano/Hammond B3 /Keyboard d. Acoustic/Electric Bass e. Drums f. Acoustic/Electric Guitar Page 117 Trailblazing Women of Country Rider As of February 9, 2023 SUBJECT TO CHANGE mow. IMG Artists g. Pedal Steel Guitar 3. BACKLINE&EQUIPMENT(subject to change) a. Two(2)wireless vocal microphones b. Three(3)wireless vocal microphones with boom stand(for band members on vocals) c. Four(4)bass microphones(body&amp for both acoustic&electric) d. One(1)microphone for guitar amp e. One(1)microphone for pedal steel amp f. One(1)microphone for Hammond B3 Leslie speaker g. One(1)microphone for Rhodes or Wurlitzer amp h. Two(2)piano microphones i. Seven(7)drum microphones-kick drum mic,overheads,snare drum,three(3)toms j. Seven(7)heavyweight black music stands with music clips k. Seven(7)Monitor wedges HOUSE MONITORING AND LIGHTING ENGINEERS MUST BE PROVIDED AT NO COST TO ARTIST. IT IS OF THE ESSENCE OF THIS AGREEMENT THAT PRESENTER FULFILL ALL TECHNICAL REQUIREMENTS INCLUDING THE FOLLOWING LIST OF BAND GEAR AT NO EXTRA COST TO ARTIST: 1. PIANO: i. One(1)grand or baby grand piano. If grand or baby grand is not available,then an upright piano will suffice. ii. One(1)adjustable piano seat iii. Piano must be tuned prior to Artist's arrival m. HAMMOND B3 Organ w/Leslie speaker n. Rhodes or Wurlitzer electric piano plus amp i. If a Rhodes or Wurlitzer is not available then a Nord Stage 88 Key Keyboard with Rhodes and Wurlitzer sounds,plus an amp,will suffice o. Drums: i. One (1) drum kit, rug, hardware, and cymbals. Yamaha Maple Custom, with Coated Ambassador heads preferred. The drum kit should include: o One(1)20"or 22"(for large stages)bass drum with hole in head o One(1) 10"tom o One(1) 12"tom Page 217 Trailblazing Women of Country Rider As of February 9, 2023 SUBJECT TO CHANGE mow. IMG Artists o One(1) 14"floor tom o One(1) 14"snare drum medium to thick o One(1)bass drum pedal o Five(5)Cymbal stands o One(1)Drum throne(padded stool) o One(1)Hi-hat stand with clutch o One(1)Snare stand o One(1)6' x 6' drum rug p. Bass(bassist will carry his/her own electric bass) i. Professional Carved Upright Bass(Not Student Model)w/Realist Pickup ii. French Bow w/rosin iii. Amp: Mark Bass Head SD 1200 w/ Standard 104HR Cabinet OR Galien-Kreuger 40ORB-IV w/410RBH Cabinet iv. Fender OR Marshall bass amp v. One(1) DI box for bass pedal q. Acoustic&Electric Guitar(guitarist will carry his/her own acoustic&electric) i. Two(2)high quality guitar stands or a rack(Hercules brand or similar that closes around the neck of the guitar to prevent it from falling) ii. Amp: Fender Princeton OR Fender Deluxe Reverb iii. Two(2)DI boxes for acoustic&electric guitars r. Pedal Steel Guitar(guitarist will carry his/her own pedal steel guitar) i. Amp: Fender Princeton OR Fender Deluxe Reverb 4. STAGE HOSPITALITY: a. Two(2)small bottles of still mineral/spring water per musician b. Two(2)small hand towels per musician ALL EQUIPMENT FOR PERFORMANCE MUST BE SET UP, POSITIONED, AND WIRED ON PERFORMANCE STAGE AS ILLUSTRATED ON THE STAGE PLOT(TBD)AT LEAST ONE HOUR PRIOR TO SOUND CHECK. THIS IS VERY IMPORTANT TO ENSURE A THOROUGH SOUND CHECK. 5. TRANSPORTATION: Local ground transportation to be provided, if needed, from airport to hotel/venue roundtrip. Must be an XL vehicle that can comfortably accommodate seven(7)artists,two(2)touring personnel plus all musical equipment.Please contact Tour Manager to schedule pickups/drop offs. Page 317 Trailblazing Women of Country Rider As of February 9, 2023 SUBJECT TO CHANGE mow. IMG Artists 6. ACCOMMODATIONS: Best Western Plaza By the Green, 24415 Russell Rd, Kent, WA 98032 Presenter will provide nine (9) single hotel rooms in a f , including breakfast, in a reasonable distance to the venue. Parking must be included at the venue and hotel. TT 7. PARKING: Parking and height clearance for a 15-passenger van to be provided at both venue and hotel, if ARTIST is traveling with personal transport. 8. DRESSING ROOMS: PRESENTER shall furnish ARTIST,at PRESENTER'S sole cost and expense: a. One(1)large main Green Room Showers not available at venue. Ile TT b. Two (2) dressing rooms for vocalists, d bathroom, one (1) iron and ironing board and/or steamer c. Two(2)dressing rooms for the band d. One(1)production office for Tour Manager. e. All areas should be clean and dry as the weather shall require. The dressing rooms should be guarded or capable of being locked,particularly when ARTIST is performing. 9. HOSPITALITY a. One (1) Deli & Cheese Tray with fresh sliced bread for sandwiches (upon arrival) with fixings (lettuce,tomato,mayo,mustard etc) b. Assorted juices(Apple,Orange,or Cranberry)and assorted soft drinks c. Pitchers of Water d. Utensils,glasses,napkins,ice for nine(9)people e. HOT MEAL sufficient for nine (9) people. (Chicken, Fish, with Vegan options). Menu to be advanced with Tour Manager f School district venue. Alcohol is not permitted. Ile 7—r g TT ARTIST requests that PRESENTER agrees to make reasonable efforts to: (a)minimize or eliminate the use of single use plastics by providing reusable alternatives to single use items including but not limited to straws, cups and utensils; (b)minimize packaging; and(c)utilize recycled materials whenever possible. PRESENTER agrees to have a representative capable of making any decisions pertaining to the engagement on hand from the time of arrival of the production equipment through the time of departure. This representative must have copies of all documents pertaining to the engagement. PRESENTER'S representative must be in constant contact with ARTIST'S representative to guarantee a smooth and efficient presentation. Page 417 Trailblazing Women of Country Rider As of February 9, 2023 SUBJECT TO CHANGE mow. IMG Artists 10. COMPLIMENTARY TICKETS: ten (10) 2 TT PRESENTER agrees to provide ARTIST ' )complimentary tickets for each performance. 11. BILLING/ADVERTISING: ARTIST is to be billed in all print materials,Marquees,Print Ads,Radio Ads,Tickets and any other marketing materials only as"Trailblazing Women of Country-A Tribute to Patsy,Loretta,and Dolly". PRESENTER shall also add the credit"Produced by Eli Wolf'on all promotional materials. Please send all promotional materials for approval to Jean Lee,jleeWingardsts.com,prior to print or going live on the web. 12. INSURANCE PRESENTER agrees to retain all necessary personal injury or property damage liability insurance with respect to the activities of ARTIST on the premises of PRESENTER or at such other location where PRESENTER directs ARTIST to perform.PRESENTER agrees to indemnify and hold ARTIST and IMG harmless from any and all claims,liabilities,damages,and expenses arising from any action or activity of PRESENTER while ARTIST is rendering the contracted services except for claims arising from ARTIST's willful misconduct or gross negligence. 13. RIDER ADHERENCE AND DISSEMINATION: No deletions, additions, or substitutions to this document will be accepted unless counter-initialed by ARTIST's signatory. PRESENTER hereby guarantees that this rider will be adhered to and that these documents will be distributed exactly as is(or as corrected and approved)to the appropriate technical and administrative personnel at the venue as contracted. If PRESENTER is unable to fulfill any of the terms in the contract or needs additional information,please contact: Jean Lee IMG Artists 7 West 54th Street New York,NY 10019 T: 212-994-3523 1 E:jlee@imgartists.com IN WITNESS WHEREOF, the parties hereto have hereunto set their names and seals on the day and year first above written. PRESENTER IMG ARTISTS Date: 5/22/2023 Date: 8/28/23 Page 517 Trailblazing Women of Country Rider As of February 9, 2023 SUBJECT TO CHANGE mow. IMG Artists CONTACTS Booking Toby Tumarkin IMG Artists 212.994.3539 ttumarkin(aimgartists.com Contracts, Marketing & Servicing Jean Lee IMG Artists 212.994.3523 jlee(&imgartists.com Page 6 7 Trailblazing Women of Country Rider As of February 9, 2023 SUBJECT TO CHANGE IMG Artists Presenter Information Form Please complete this information for itinerary purposes. Presenter City of Kent Arts Commission Presenter address 220 4th Avenue South, Kent, WA 98032 Venue name Kent-Meridian High School Performing Arts Center Venue Physical address 10020 SE 256th Street, Kent, WA 98030 Hall capacity 359 Stage Dimensions 37'6" wide x 27'9" deep Phone numbers: Main 253-856-5050 Fax 253-856-6050 253-856-5051 206-450-7203 (presenter cell Emergency 911 Box Office Backstage �P ) Recommended Nearby Hotels Best Western Plaza By the Green, 24415 Russell Rd, Kent, WA 98032 Venue Contacts Director Ronda Billerbeck, Cultural Programs Manager Phone 253-856-5055 e-mail rbillerbeck@kentwa.gov Tech Director Jay Thornton, Theater Manager Phone 206-501-6105 e-mail jay.thornton@kent.kl2.wa.us Event Coordinator Ronda Billerbeck, Cultural Programs Manager Phone 253-856-5055 e-mail rbillerbeck@kentwa.gov Marketing/Publicity Ronda Billerbeck, Cultural Programs Manager Phone 253-856-5055 e-mail rbillerbeck@kentwa.gov FOH Manager Ronda Billerbeck, Cultural Programs Manager Phone 253-856-5055 e-mail rbillerbeck@kentwa.gov Ticket Counts/Box Office Ronda Billerbeck, Cultural Programs Manager Phone 253-856-5055 e-mail rbillerbeck@kentwa.gov Page 7 7 Trailblazing Women of Country Rider As of February 9, 2023 SUBJECT TO CHANGE Signature: Lon ff�Aaii Signature: Lori Hogan(MYy 23,2023 09:04 PDT) Email: Ihogan@kentwa.gov Email: rlashley@kentwa.gov Signature• M81%5S11 MGCOI"'MiOK Melissa McCormick(Aug 29,2023 13:07 PDT) Email: cityclerk@kentwa.gov REC-05222023-I MGArtits-SpotlightTBWC Final Audit Report 2023-08-29 Created: 2023-05-22 By: Ronda D Billerbeck(rbillerbeck@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAxDehnkQzhTV7Ma0YxFedVlw3aB_EZhhq "REC-05222023-IMGArtits-SpotlightTBWC" History Document created by Ronda D Billerbeck(rbillerbeck@kentwa.gov) 2023-05-22-10:37:36 PM GMT-IP address: 146.129.252.126 Document emailed to Ihogan@kentwa.gov for signature 2023-05-22-10:42:38 PM GMT s Email viewed by Ihogan@kentwa.gov 2023-05-23-4:03:20 PM GMT-IP address: 104.47.65.254 Signer Ihogan@kentwa.gov entered name at signing as Lori Hogan 2023-05-23-4:04:29 PM GMT-IP address: 146.129.252.126 c:5 Document e-signed by Lori Hogan (Ihogan@kentwa.gov) Signature Date:2023-05-23-4:04:31 PM GMT-Time Source:server-IP address: 146.129.252.126 Document emailed to ttumarkin@imgartists.com for signature 2023-05-23-4:04:34 PM GMT Email viewed by ttumarkin@imgartists.com 2023-05-23-4:17:19 PM GMT-IP address: 18.194.43.88 Email viewed by ttumarkin@imgartists.com 2023-08-28-8:11:33 PM GMT-IP address: 148.75.4.98 C� Signer ttumarkin@imgartists.com entered name at signing as Toby Tumarkin 2023-08-28-8:13:34 PM GMT-IP address: 148.75.4.98 Document e-signed by Toby Tumarkin (ttumarkin@imgartists.com) Signature Date:2023-08-28-8:13:36 PM GMT-Time Source:server-IP address: 148.75.4.98 Document emailed to Ronald Lashley (rlashley@kentwa.gov)for signature 2023-08-28-8:13:38 PM GMT Powered by r � Adobe T Acrobat Sign s Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2023-08-28-11:48:09 PM GMT-IP address: 104.47.64.254 b Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date:2023-08-29-0:13:11 AM GMT-Time Source:server-IP address: 146.129.252.126 Document emailed to Julie Parascondola (jparascondola@kentwa.gov) for signature 2023-08-29-0:13:14 AM GMT `1 Email viewed by Julie Parascondola (jparascondola@kentwa.gov) 2023-08-29-7:12:26 PM GMT-IP address: 104.47.65.254 60, Document e-signed by Julie Parascondola Qparascondola@kentwa.gov) Signature Date:2023-08-29-7:12:49 PM GMT-Time Source:server-IP address: 146.129.252.126 : b Document emailed to Kim Komoto (kkomoto@kentwa.gov)for signature 2023-08-29-7:12:51 PM GMT s Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2023-08-29-7:30:53 PM GMT-IP address: 104.47.64.254 &6 Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date:2023-08-29-7:31:01 PM GMT-Time Source:server-IP address: 146.129.252.126 Document emailed to cityclerk@kentwa.gov for signature 2023-08-29-7:31:03 PM GMT " Email viewed by cityclerk@kentwa.gov 2023-08-29-8:05:29 PM GMT-IP address: 104.47.65.254 Signer cityclerk@kentwa.gov entered name at signing as Melissa McCormick 2023-08-29-8:07:43 PM GMT-IP address: 146.129.252.126 Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date:2023-08-29-8:07:45 PM GMT-Time Source:server-IP address: 146.129.252.126 ® Agreement completed. 2023-08-29-8:07:45 PM GMT Powered by r � Adobe T Acrobat Sign