HomeMy WebLinkAboutCAG2023-491 - Original - Opus 3 Artists, LLC - Spotlight Series: Vienna Boys Choir - 10/17/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Ll `
LH
Agreement Routing Form Dir. Assist:
lel-
0 For Approvals,Signatures and Records Management
KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover B`
WASHINGTON Sheet forms. Dir/Dep Dir: BL
Originator: Department:
Ronda Billerbeck Parks, Recreation & Community Services
Date Sent: Date Required:
> 09/18/2023 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:
Opus 3 Artists, LLC Contract
Vendor Number: Sub-Category:
= 289726 Original
0 s Choir 2023-2024 Spotlight Series - Vienna Bo
Project Name: Y
3- Project Details:Vienna Boys Choir will perform as part of Spotlight Series on Tuesday,
= October 17, 2023.
c
40
40 Agreement Amount: $1 O 000.00 Basis for Selection of Contractor: Other
`Memo to Mayor must be attached
Start Date: 10/17/2023 Termination Date: 10/17/2023
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 CAG2023-491
Comments:
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Date Routed to the City Clerk's Office: 9/20/23
,c«w»373__,0 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20210513
•
KEN T PERFORMANCE AGREEMENT
WASH I NGTO N between the City of Kent and
Vienna Boys Choir(Wiener Sangerknaben), c/o Opus 3 Artists LLC
THIS PERFORMANCE AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Vienna Boys Choir (Wiener Sangerknaben) (the "Contractor"), doing business through
Opus 3 Artists LLC organized under the laws of the State of New York, located and doing business at 470 Park Avenue
South, 9` Floor North, New York, NY 10016 (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: Vienna Boys Choir(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: Tuesday, October 17, 2023
Event Location: Kentwood High School Performing Arts Center, 25800 164t"Avenue SE,
Covington, WA 98042.
Transportation: Artist will provide their own ground transportation.
Lodging: Artist will provide their own lodging.
Refreshments: City will provide hospitality on the day of the performance as specified in the
presenter information document, 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: "Vienna Boys Choir." 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
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.
PERFORMANCE AGREEMENT- 1
(between City and Artist, through Artist's Agent)
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$5,000 will be paid, by City of Kent check, to Opus 3 Artists, LLC by July 19, 2023. The balance of$5,000 will
be paid, by City of Kent check, to Opus 3 Artists LLC, and mailed on the day of the performance - October 17, 2023.
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 renegotiated 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. Sector agrees to provide to the riff, where appropriate, at his er her 0
expense, GGMPlete press materials, iRGIudiRg hard GE)PY er high resE)161t'E)R eleGtFGRiG photographs, biegraphiGG
descriptieRs, and ppegram materials, Ret less th-an six (6) weeks ppier to the initial eve.nt date for the City's Use ip
Contractor shall r tet-1+ the riff, of Kent fnr its o pert of the ont OF eGt. City will contact Opus 3 Artists for press
materials. % 5
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: Kentwood High School Performing Arts Center
Sound: City will provide sound system according to Contractor's presenter information document.*
Lights: City will provide lighting according to Contractor's presenter information document.*
Dressing Rooms: City will provide dressing room facilities according to Contractor's presenter information
document.*
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 8
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.
physiGal disability, diSGFiFniRate agaiRst aRY PeFSGR whe is qualified and available te perform the work to whiGh 'I.-
DeclaratiOn and n my With CityAdministrative Dr,linY 4 2 1,25
X1. TERRAIN'ATIC-3hi AND RRFACH. Either party may termin te this Agreement, with er withOUt Gause, upen
idiRg the other party niRety (90) days written RE)tiGe at its address set forth on the signature blGGk of this AgreemeR
All GE)StS inGUrred by the City due te GentraGtE)F'S failure tE) GOMPly with the terms and GORditiORS ef this Agreement shall be
PERFORMANCE AGREEMENT-2
(between City and Artist, through Artist's Agent)
See.
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.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date
entered below.
PERFORMANCE AGREEMENT- 3
(between City and Artist, through Artist's Agent)
CONTRACTOR: CITY OF KENT:
,aye f 8&rr&ffa� Brian I-e✓enhaaen
By: Robert Berretta(Sep 19,2023 15:53 EDT) By Brian Levenhagen(Sep 20,2023 1 :35 PDT)
Print Name: Robert Berretta Print Name: Brian Levenhagen
Its Managing Director Its: Deputy Director
DATE: 9/19/2023 DATE:9/20/2023
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Lindsay Kratz, Booking Agent Ronda Billerbeck
Opus 3 Artists, LLC City of Kent
470 Park Avenue South, 9th Floor North 220 Fourth Avenue South
New York, NY 10016 Kent, WA 98032
(212) 584-7500 (telephone) (253) 856-5055 (telephone)
Ikratz(a)opus3artists.com (email) rbillerbeck@kentwa.gov (email)
ATTEST:
K&A
City Clerk
PERFORMANCE AGREEMENT-4
(between City and Artist, through Artist's Agent)
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 - 1 of 5
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
EXHIBIT B
opTIus
ARSTS
470 Park Avenue South,9th Floor North,New York,NY 10016 1 T 212.584,7500
OPIJUARTISTS.COM
Writer's Direct Tel No: 212 584 7524 Writer's Direct Email:
Writer's Direct Fax: 646 300 8224 Istein@opus3artists.com
(Revised 17 March 2022)
VIENNA BOYS CHOIR
PRESENTER INFORMATION
2022/2023 Season
PLEASE NOTE THAT THIS IS NOT A CONTRACT RIDER. IT DOES NOT REQUIRE SIGNATURE AND
IS PROVIDED FOR INFORMATION PURPOSES ONLY. Kindly note the inclusion of the Choir's recently
updated COVID-19 Safety Measures as a part of this letter. These requirements will be updated
according to prevailing conditions prior to the performance. If you feel that your facility is unable to
substantially comply with the basic requirements outlined below, please advise us as soon as
possible. Thank you in advance for your cooperation.
STAGE REQUIREMENTS: PIANO— One Steinway D (9-foot) grand piano is required, tuned to A=440,
placed center stage with the keyboard toward the audience. Other pianos may be acceptable
depending on the size of the venue and subject to advance written agreement by Opus 3 Artists.
AN ADJUSTABLE PADDED PIANO BENCH MUST BE PROVIDED. The conductor will play facing
upstage. The piano will be used by the conductor while working with the Choir and should be placed just
far enough upstage so that the curtain will close with the conductor standing behind the piano bench. (In
instances where it is not practical to use the curtain, or in concert halls, the conductor usually prefers to
be as far downstage as possible.) In case there is any difficulty found with the piano at the last minute, a
piano tuner should be available on short notice before show time.
A stage plan giving the exact measurements must be sent to Opus 3 at least two weeks prior to the
concert. A minimum distance of 6 feet must be kept between the edge of the stage / stage apron
and the first row of audience / house seats. On stage, the piano, piano keys, music stands, hand
microphones and holders, etc. must be cleaned with disinfectant before the arrival of the Choir. For the
duration of the Choir's stay, access to the stage is restricted to choristers and Choir staff. House staff and
technicians must wear protective masks /face shields covering mouth and nose at all times.
RISERS: Two risers will be required, 6-12 inches high (preferred); minimum size, 16 feet wide by 4 feet
deep. Larger risers or platforms are acceptable, but all risers should be only a SINGLE LEVEL, not the
three-step arrangement popular with schools. The risers should be placed on stage on both sides of the
piano, according to the diagram on page 6. Please note that risers must be a minimum of 16 feet
wide to allow the boys to keep the necessary distance. They will be adjusted to an exact angle during
the warm-up, and adequate staff must be present to accomplish any moves.
This set-up will be used for the entire program. If a portable stage is to be used for the performance,
please make sure it is re-enforced to allow for the moving of the piano.
DRESSING ROOMS: Ideally, two rooms should be available. One room to be large enough to house the
24 boys and their accompanying adults, as close to the stage as possible, with at least 28 chairs provided.
Sufficient hanging space or pipe racks should be available for at least 50 costumes. An ironing board and
a worktable of some sort placed in this room would be appreciated. A separate, smaller dressing room
for the conductor should be available. Certainly, the rooms should be warm, clean, and above all, free
from dust! Direct, all indoor access to the stage is a must!
Vienna Boys Choir I Presenter Information Letter 2022/2023
Page 2 of 8
DRESSING ROOMS (continued): The dressing rooms themselves MUST have sufficient temperature
control to bring them to approximately 70-750 Fahrenheit, (21-240 Celsius), or auxiliary heat must be
provided to bring them to that range. In schools or other buildings without normal dressing rooms, please
make sure that rooms used for dressing rooms are equipped with window shades and/or masking on
windows and glass doors to assure privacy for the boys. A private restroom should be set aside for the
boys' use exclusively.
LIGHTING REQUIREMENTS: Only general white concert lighting is required, favoring the downstage
center area of 14 x 25 ft. as outlined above. If theatrical lighting is used, generally warm tones are
suggested (e.g. Roscolux 60 and Roscolux 02).
No spots or specials are required. If using front lights or spots, they should be positioned low so they will
not shine directly into the Choir's eyes and make it difficult for them to follow the conductor. (For front
lighting, "balcony rail" positions usually present difficulties for the boys, but "loft" or"box boom" positions
are acceptable.)
ACOUSTIC REQUIREMENTS: The use of an acoustical shell is advisable but is at the discretion of the
local presenter. If a shell is provided, access to the stage should be available from both sides. For stages
with drapes, neutral colors are suggested if available, but blacks are acceptable. Use of the front curtain
is optional, especially where power driven curtains take a long time to open and close.
Minimum working area is approximately 14 feet stage depth by 40 feet width. Slightly shallower
depth is possible, but excessive stage depth is to be avoided, especially if only drapes are
available for sound reflection.
SOUND REINFORCEMENT: Because of the unusually large amount of solo singing and spoken text
contained in the program, some sound reinforcement may be advisable in theaters seating 1500 or more
depending on acoustics and is certainly recommended when the capacity exceeds 2500. Our experience
has been that this is best provided by three PZM's or equivalent floor microphones placed on the lip of
the stage with the first mic at the center line and the others split 8' left and 8' right of center. The mikes
should be in place but not fixed down before the arrival of the Choir for their warmup and can be finally
taped down after blocking on your stage is established.
In all venues, the conductor requires 1 hand-held PA microphone (preferably wireless) to speak from
the stage between pieces.
SOME PRECAUTIONARY NOTES ON SOUND: The whole sound set up should be established for
sound reinforcement, NOT amplification of the performance, and should be treated as such.
Microphones provided should ideally be floor mikes. Hanging mikes and high stand mikes will
not be usable, since we find the boys will tend to project down rather than up. If stand mikes are
the only thing available, they must either be put on very short desk stands, or the larger stands
must be placed in the pit or on the floor in front of the stage so that the microphones themselves
project no higher than about 10 inches above stage level.
Please note no microphone is requested for the piano, nor will any reinforcement of the piano be
required or acceptable. This will allow the conductor alone to control the balance between the Choir and
the piano. In extremely large halls or arenas, enough spill is available through the other microphones.
If your theater is in a complex containing either other auditoriums or rehearsal rooms, please make sure
that if other musical events are on the same schedule there are no "sound leaks" that might interrupt
the Choir's performance. These "leaks" need not be obvious to the audience to disrupt the performance,
only audible on the stage area to affect the Choir's pitch. Air conditioning units and ventilator fans
that produce a "hum" will probably have to be shut down during the actual performance.
Vienna Boys Choir I Presenter Information Letter 2022/2023
Page 3 of 8
SECURITY: The concerts of the Vienna Boys Choir are subject to different rules than might apply to an
adult professional ensemble, and your understanding and cooperation in these matters is greatly
appreciated. All appropriate measures should be taken to ensure a successful engagement, and to that
end we are supplying this information. It is requested that you contact your local police department and
notify them that this event is taking place.
In the event of a disturbance within the venue, or receipt of information that constitutes a threat
to the Choir, the Choir shall terminate their performance and evacuate the premises immediately
unless advised otherwise by law enforcement agencies. Law enforcement agencies shall, at their
sole option, secure performance areas and if necessary, call for the evacuation of all or part of
the premises.
REQUIRED ARRANGEMENTS IN THE CONCERT HALL
1. At the time of arrival, a Choir representative shall escort the boys into the facility without inspection;
following their arrival and entry, all individuals must be identified to gain access to performance areas.
Individuals lacking proper identification shall be dealt with in an appropriate manner.
2. House security or ushers shall be placed at all locations providing access to backstage areas during
the Choir's occupancy. No unauthorized individual shall be permitted backstage without proper
identification.
3. House security shall be posted at stage doorfrom time of the Choir's arrival until the Choir's departure.
In the event that there are other functions in the performance location that will require non-Choir
personnel to be on site, house security must be present to prevent Choir's material from being
disturbed.
4. The Choir's supervisors will accept no packages, fan mail, flowers, food, or gifts of any kind. This
includes home baked cookies, cakes, etc. Only pre-packaged cookies provided by the Local
Presenter and sealed containers of milk and juice will be accepted. There can be no exceptions to
this rule.
5. One Uniformed or Plain-clothes police officer or suitably trained local security person shall be
stationed backstage during the Choir's occupancy. Unless otherwise specified, this will mean starting
no later than one and one half hours before the performance is scheduled to start until after the Choir
departs the venue. This individual must be equipped with a handheld radio or cell phone in order to
contact appropriate agencies if needed. These officers can be on or off duty depending on local
conditions.
6. House security must provide full time coverage for the Choir's charter bus. It is required that the bus
be positioned close to the stage door and kept accessible to the Choir if they require access to certain
supplies kept in the Choir's bus or are required to depart on short notice.
Vienna Boys Choir I Presenter Information Letter 2022/2023
Page 4 of 8
ROUTINE CHOIR ARRIVAL AND PERFORMANCE PROCEDURE: The Choir usually arrives in the
performance city by chartered bus, in the early afternoon on the day of the concert. At this time, you will
be contacted by the Company Manager, Ms. Kay McCavic (cell phone: 805-636-9810) to notify you of
arrival and to make final arrangements. If you have any questions prior to this time, or for some reason
plan not to be available at the contact phone number listed on your contract on the performance day,
please contact us in advance.
The Choir requires at least a one-hour warm-up on the stage immediately prior to the opening of the
house to the public. This period is also used to accustom the boys to the individual acoustics of the
theater. For this reason, we ask you to arrange that the seating area of the house is not opened
excessively early, ideally only 30 minutes and never more than 45 minutes before the scheduled start
of the performance. During this warm-up period it is extremely helpful for the conductor's maintenance
of the boys' concentration if ushers or other staff can be kept out of the seating area.
After consultation with you regarding the schedule of the theater, the Choir will arrive at the theater
approximately one hour before the opening of the house to the public and proceed directly to the stage
for their warm-up.
All effects of the Choir are contained in five or six"foot-locker"type trunks (some are EXCEPTIONALLY
heavy and will require care in handling.) Since the Choir carries no stage crew, help must be provided
to take these trunks from the bus to the dressing rooms and to return them to the bus after the
performance, as well as such general duties as opening and closing the curtain, operating lights, sound,
moving the piano and risers and any required stage props during pauses and intermission.
NO BACKSTAGE VISITORS: Due to COVID-19 safety regulations, any interaction with the audience
must be avoided.
TICKETS: While the Choir does not casually pass out tickets, as is usual with most international
attractions, there are times when it becomes necessary that we have seats available. We ask that you
hold six (6) good seats back for each performance. At least one pair approximately 1/3rd back in the
center orchestra, on an aisle if possible.
Unless absolutely required, these tickets will be released for your use or sale, so please do not mark or
mutilate them before they are requested.
ANCILLARY ACTIVITIES: Due to COVID-19 safety regulations, Meet & Greets, Sing Alongs, CD
signings, or photo opportunities are not possible.
GENERAL RESTRICTIONS:
NO PHOTOGRAPHS. WITH OR WITHOUT FLASH may be taken of the performance without written
permission from Opus 3 Artists, or direct permission from their company manager, Ms. McCavic.
NO RECORDING, VIDEOTAPING, OR TRANSMISSION of the performance is permissible under any
circumstances without contractual specification.
The preceding are the Choir's strictest rules, and we ask your full co-operation in complying with them.
Please make sure these restrictions are clearly printed in your house program and/or your patrons are
made aware of them otherwise. It is suggested that some arrangements be made for checking
recorders and cameras that are invariably brought to the theater.
Vienna Boys Choir I Presenter Information Letter 2022/2023
Page 5 of 8
Approved non-news photography requests are also subject to the signing of a release form which will
be provided by Opus 3 Artists. Images must be sent via email to the Choir's press office for approval
prior to publication. The photographer must not interfere with or in any way disturb the Choir's schedule
and must remain stationary while taking photos during the performance. Photography during rehearsals
or backstage is not permitted at any time. All commercial uses are prohibited. All costs must be borne
by the Presenter.
REFRESHMENTS AND SOCIAL FUNCTION: Since the Choir's tours necessitate extended periods of
travel, it is important to afford the boys such cultural and recreational activities as are available in your
city. Please consider this matter carefully and provide Ms. McCavic with a short list of possible events
that might interest the boys. The most popular activities are sports (soccer, swimming, bowling, skating,
etc.) amusement parks, science museums, and any locally unique cultural activities. Your help in
arranging such events will be greatly appreciated by the Choir.
In order to refresh the boys during the intermission and immediately after the performance, we ask that
you provide approximately one gallon of orange juice, one gallon of chocolate milk, and one gallon of
whole milk in sealed containers, along with about four dozen paper cups, backstage for each
performance. These refreshments should be at room temperature. Fresh whole fruit and pre-packaged
cookies to go along with the milk, enough for 24 boys would also be appreciated. For the period between
warm-up and the actual performance a hot herbal tea set up would be welcome but is not required.
There should be two cases of bottled spring water in the dressing room upon arrival. Meals and snacks
must be served in the dressing rooms or in a separate room accessible only to the Choir.
HOUSE SCALE: The Choir's engagement fees are negotiated based on tickets being sold to the public
using standard house scaling. If this presentation is either a benefit or if the Presenter intends to sell VIP
ticket packages, Presenter must inform Opus 3 Artists in advance and receive written agreement to the
house scale prior to going on sale. The preceding does not apply to concerts where the tickets are offered
to the public free of charge.
CONCESSIONS: Under current COVID-19 safety regulations, merchandise cannot be sold at the
venue, but it is possible to order CDs signed by members of the Choir online, through
www.wienersaengerknaben.at/shop or shop@wsk.at.
SPECIAL NOTES ON STAGE PLACEMENT: The measurements from the piano keyboard to the
curtain line of 4 ft. and from the piano keyboard to the stage lip of 8 ft. assume an apron depth of
approximately 4 ft. If the curtain is to be used, 4 ft. would be a minimum to be sure that the closing
curtain will not hang up on the piano stool or take out the first one or two boys standing in front of the
risers. On the other hand, if the depth of the apron in front of the curtain is in excess of 6 or 8 ft., the
conductor will probably elect to work without the curtain providing the entire lip can be lit properly. In the
event that the concert IS done without a curtain, for the above reason or in concert halls, which have no
curtain, for safety's sake the distance from the piano keyboard to the lip of the stage should be kept to
a minimum of 6 ft. A stage plan giving the exact measurements must be sent to Opus 3 at least two
weeks prior to the concert.
Vienna Boys Choir Presenter Information Letter 2022/2023
Page 6 of 8
General VBC Stage Plot
(Not Drawn to Scale)
Curtain Line
- - - - - - - - - - - - - --- - - - - - ------ - - - - - - - - - - - - - - - -
Edge of Apron
Audience
Risers: Two(2)platform risers(Approx.16'W x 4'D x 6"-12"H)
Piano: One(1)Steinway Model D"9ft",tuned to A=440
(All other pianos subject to written confirmation by Opus 3 Artists)
Piano Bench: One(1)Steinway height adjustable Artist Bench
A list of FAQs is contained on the last page of this letter.
If you have any questions regarding the information contained in this letter, please contact:
Leonard Stein All inquiries including programs:
Consulting Producer Grace Hertz
Opus 3 Artists Associate Manager
Tel: 212-584-7524 Opus 3 Artists
Istein@opus3artists.com Tel: 212-584-7571
ghertz@opus3artists.com
For approved marketing materials:
Leslie Beatrice
Director, Marketing & Creative
Beatrice@opus3artists.com
Vienna Boys Choir I Presenter Information Letter 2022/2023
Page 7 of 8
Frequently Asked Questions
Q: What will the boys sing? When will I receive the actual program?
A: The Choir's programs are of a consistent "flavor" from tour-to-tour, and sample programs of past
tours are available. However, the specific works to be sung are not known until about 3-4 weeks
in advance of each tour. This is due to the rehearsal schedules in Vienna.
➢ The holiday program "Christmas in Vienna" is available about 3-4 weeks in advance of the
first performance of that program, usually in late October.
Q: Does the Choir provide programs notes and texts/translations?
A: Yes. As a courtesy to presenters and audiences, the Choir will have program notes, texts and
translations available closer to the performance. All program notes, texts and translations are for
optional inclusion in the printed house program.
However, because these materials cannot be drafted until after the program itself is finalized, the
program notes and texts/translations are often not available until very close to the start of a tour.
Once they are available, it is left to the Local Presenter's discretion to include all, some, or none
of them in the house program or as an insert.
Q: Do I have to print a house program?
A: Yes. However, only the simplest of house programs is required - the minimum requirement is a
single sheet of paper listing the ensemble billing, works to be performed and program credits.
When possible, the inclusion of the ensemble and choirmaster biographies, program notes, and
texts/translations (addressed separately above) is appreciated.
➢ Regardless of what is printed, what is most important is that the choirmaster has a copy
of the same program in-hand as the audience prior to the performance. The choirmaster
will adjust any remarks from the stage accordingly.
Q: Does the Choir have any sponsors to acknowledge?
A: Yes. The Hotel Residenz Palais Coburg is the Choir's general sponsor and inclusion of this text
sponsorship credit is a required part of all printed house programs.
Q: How do I obtain promotional materials - bios, images, audio &video clips, etc.?
A: To arrange receipt of promotional materials, including high-res digital photos and press kits,
please contact Leslie Beatrice, Director, Marketing & Creative at Ibeatrice(cDopus3artists.com
Please mention your performance date and city in all correspondence.
Q: When should I expect to hear from the Company Manager for the final advance?
A: Kay McCavic, the Choir's Company Manager, will contact you to advance final logistics
approximately 1-2 weeks prior to the boy's arrival, including arrival/departure times and rehearsal
needs. We encourage you to be patient, and if there is anything which is urgent, please contact
our office.
Q: Does the Choir need all their contractual comp tickets? If not, when will they be released?
A: Kay McCavic can discuss tickets during the final advance, usually about 1-2 weeks prior to arrival.
Any unused tickets will be released as early as possible and no later than a few hours prior to the
performance.
Vienna Boys Choir I Presenter Information Letter 2022/2023
Page 8 of 8
PRESENTER CONTACTS
(Please print. / Please complete all fields and return with the signed performance agreement.)
PRESENTER https://kentarts.com
WEBSITE:
VENUE'S LOADING 25800 164th Avenue SE, Covington, WA 98042
DOCK ADDRESS:
DIRECTOR OF NAME /TITLE Ronda Billerbeck, Cultural Programs Manager
CONCERT SERIES: WORK #:253-856-5055 CELL #:206-450-7203
E-MAIL: rbillerbeck@kentwa.gov
PROGRAM NAME /TITLE Ronda Billerbeck, Cultural Programs Manager
COORDINATOR: WORK#: 253-856-5055 CELL #: 206-450-7203
(Person to whom house
program copy should be E-MAIL: rbillerbeck@kentwa.gov
sent)
TECHNICAL, NAME /TITLE Chad Taylor
SCHEDULING & WORK#: 253-373-4717 CELL #: 801-318-5874
PRODUCTION:
E-MAIL: chad.taylor@kent.k12.wa.us
BOX OFFICE BOX OFFICE PHONE (For General Public Ticket Inquiries)
INFORMATION: 253-856-5051
BOX OFFICE URL (For Internet Ticket Inquiries)
https:www.kentwa.gov/SpotlightSeries
1 �
M 'WIEN �h
SAFETY MEASURES FOR
PERFORMANCES OF THE VIENNA BOYS CHOIR
DURING THE COVID-19 PANDEMIC
1) BACKSTAGE AREA
• To enter and leave the concert hall /venue, the Vienna Boys Choir must have a direct entrance/exit not
used by the audience.
• In the entrance and in the backstage areas all door handles, tables, chairs, surfaces, etc. must be properly
cleaned and disinfected before the arrival of the Vienna Boys Choir.
• Access to in the backstage area is prohibited to persons not belonging to the choir during the presence of
the Vienna Boys Choir. House staff and technicians must wear a mouth-and-nose protective mask. (For the
duration of the Choir's stay, access must be strictly controlled; access to the backstage areas is prohibited.
Only choir staff and choristers are permitted in the backstage area and dressing rooms. House staff and
technicians must wear protective masks/face shields covering mouth and nose at all times.)
• The choir must be provided with sufficient disinfectant to clean their hands in the backstage area/changing
rooms.
• The Vienna Boys Choir must have access to toilets backstage which may only be used by the choir members
and choir staff.
2) STAGE
• The stage plan giving the exact measurements must be sent to the Vienna Boys Choir at least two weeks
prior to the concert.
• On stage, the piano, piano keys, music stands, hand microphones and holders, etc. must be cleaned with
disinfectant before the arrival of the Vienna Boys Choir.
• The risers mentioned in the choir's Stage Rider must each be at least 5 m wide to allow the boys to keep
the necessary distance.
• For the duration of the Choir's stay,access to the stage is restricted to choristers and choir staff. House staff
and technicians must wear protective masks/face shields covering mouth and nose at all times.
• A minimum distance of 2 metres must be kept between the edge of the stage/ stage apron and the first
row of audience/house seats.
3) CATERING
Meals and snacks must be served in the dressing rooms or in a separate room accessible only to the Vienna
Boys Choir.
4) MERCHANDISING
Under Corona safety regulations, merchandise cannot be sold at the venue, but it is possible to order CDs
signed by members of the Vienna Boys Choir online, through www.wienersaengerknaben.at/shop or
shop@wsk.at .
5) MISCELLANEOUS
Any interaction with the audience must be avoided. Under Corona Safety Regulations, Meet&Greets, Sing
Alongs, CD signings, or photo opportunities are impossible.
WIENER SANGERKNABEN
EHEMALS K.K.HOFSANGERKNABEN GEGRONDET 1498
Augartenpalais,Obere Augartenstr.1c,A-1020 Wien
DVR 0811599—ATU 16365207—www.wsk.at-office@wsk.at—Telefon:+43-1-216 3942,Fax:+43-1-216 3942 53
opuu4
ARTISTS
470 P-k Aven South,911,Floor Nonh,New Yolk,NY 10016(T 212.584.7500
0PUS3ARTISTS.00M
ARTIST/ATTRACTION ENGAGEMENT CONTRACT
Contract Number 126216
5111/23
AGREEMENT made Thursday, May 11, 2023 by and between Vienna Boys Choir (Wiener Sangerknaben)
(hereinafter"Artist/Attraction") contracting through Opus 3 Artists LLC, 470 Park Avenue South, 9th Floor North,
New York, NY 10016 EIN: 20-5551768, (hereinafter"Manager"), and City of Kent, 220 Fourth Ave. South, Kent,
WA 98032-5895 (hereinafter"Presenter').
It is mutually agreed between the parties that Presenter hereby engages Artist/Attraction for the services of Vienna
Boys Choir (Wiener Sangerknaben), and Artist/Attraction hereby agrees to perform the Engagement(s), as
hereinafter provided, upon all of the terms and conditions set forth herein:
I. NUMBER OF PERFORMANCES: 1
II. ENGAGEMENT SCHEDULE:
Date Time Type of Event Venue city
Tuesday, October 17,2023 7:30pm Performance Ke High School PerformingArts Center Kent,WA
kev�-l-v�ac�.
III. REPERTOIRE: QW RB RS
A. Program: The work(s)to be performed shall be chosen by the Artist/Attraction.
B. Piano: Presenter to furnish at its own expense one properly tuned 9 ft. Steinway D concert grand piano
prior to all performances.
IV. COMPENSATION TERMS(Fee plus reimbursed or provided expenses):
A. FEE: Compensation to be paid by Presenter shall be$10,000 USD (TEN THOUSAND US DOLLARS)
all-inclusive guarantee. Fee is special and confidential.
B. PAYMENT SCHEDULE(fee due prior to performance):
Description Date Due Amount
Deposit 07/19/2023 $5,000.00
Balance 10/17/2023 $5,000.00
Total: $10,000.00 LK
C. PAYMENT METHOD: All payments shall be made to Manager via : b+4 l v U04-.,
Bank Name: JP Morgan Chase
Bank Address: 1166 Ave of the Americas, 21 st FI. NY, NY 10036 USA cq7)
ABA/Routing #: 021000021 R8
Swift Code: CHASUS33 RB
For benefit of account:
Account Name: Opus 3 Artists LLC
Account#: 957833954
If wire transfers and ACH transfers are not possible, payments shall be made payable by check to Opus 3 Artists
LLC and sent to 348 West 57th Street, Suite 282, New York, NY 10019 by Fed Ex, USPS express mail, or similar
overnight service.
V.ARTIST/ATTRACTION'S ADDENDUM/RIDER ATTACHED: The forthcoming addendum/rider is integral to
this Agreement and has the same force and effect as though it were set forth in full in the body of this
Agreement. Digitally
VI.ARTIST/ATTRACTION COMP TICKETS: Local Presenter agrees to give three pairs of complimentary Q Q RBned by
tickets in prime locations to the COMPANY MANAGER prior to performance. 1 1 B 2023.05.23
17:46:24
-04'00'
VII. BOX OFFICE AND TICKET SALES INFORMATION: Upon request, Presenter agrees to provide Manager
with the House Ticket Scale for the Engagement, indicating numbers of tickets, ticket price categories, and House
Gross Potential. Following the Engagement, Presenter agrees to report the total number of tickets sold,
complimentary distribution, and Gross Box Office Revenue.
Vill.AUTHORIZATION TO PETITION FOR VISAS: Pursuant to Title 8, Code of Federal Regulations, Presenter
hereby authorizes and appoints Opus 3 Artists LLC as its Agent for the limited purpose of filing 1-129 Petition(s)
to obtain the necessary visa approval(s)from the United States Citizenship and Immigration Service in visa
categories/classifications appropriate for the Artist or Attraction that is the subject matter of this agreement.
IX.ADDITIONAL TERMS:
A. HOUSE SCALE: The VBC's engagement fees was negotiated on the basis of tickets being sold to the
public using standard house scaling. If this presentation is either a benefit or if the Presenter intends to
sell VIP ticket packages, Presenter must inform Opus 3 Artists in advance and receive written agreement
to the house scale prior to going on sale. The preceding does not apply to concerts where the tickets are
offered to the public free of charge.
THIS AGREEMENT SHALL NOT BE BINDING UPON ARTIST/ATTRACTION UNTIL EXECUTED EITHER BY
ARTIST/ATTRACTION OR BY MANAGER ON ARTIST/ATTRACTION'S BEHALF (IN WHICH CASE MANAGER IS
EXECUTING THIS AGREEMENT ONLY AS AGENT FOR ARTIST/ATTRACTION, AND IS NOT OBLIGATED TO
PRESENTER HEREUNDER AND SHALL NOT BE RESPONSIBLE FOR ANY ACTS OR DEFAULTS OF
ARTIST/ATTRACTION OF ITS OBLIGATIONS HEREUNDER.) THE NON-ARRIVAL OF ARTIST/ATTRACTION CAUSED
BY ANY INCOMPLETE OR INACCURATE INFORMATION FURNISHED BY PRESENTER SHALL NOT RELIEVE
PRESENTER FROM FULFILLMENT OF ITS OBLIGATIONS HEREUNDER.
ALL OF THE PROVISIONS SET FORTH AS "ADDITIONAL TERMS AND CONDITIONS" AND ALL OF THE
REQUIREMENTS SET FORTH IN ANY ADDENDUM ANNEXED TO THIS AGREEMENT ARE HEREBY INCORPORATED
INTO THIS AGREEMENT WITH THE SAME FORCE AND EFFECT AS THOUGH SET FORTH IN FULL HEREIN.
IN WITNESS WHEREOF,the parties hereto have read and agree to each and all of the Terms and Conditions, including
Additional Terms and Conditions and attached Addendum(s)and have executed this Agreement to be effective as of the date
first stated above:
City of Kent Opus 3 Artists LLC
Radef-t 8erreH.11
Robert Berretta(Sep 19,2023 15:53 EDT)
Authorized Signature Robert Berretta
Managing Director
Printed Name I
17-2 9/19/2023
Title (� Da e b Date
NO CHANGES MAY BE MADE ON THIS CONTRACT WITHOUT PRIOR CONSENT OF OPUS 3 ARTISTS LLC.
Opus 3 Artists CONTRACT 2 of 6
Vienna Boys Choir(Wiener Sikngerknaben)-City of Kent-#126216
ADDITIONAL TERMS AND CONDITIONS
1.REQUIREMENTS:
(a)Presenter agrees to furnish at its own expense all that is necessary for the proper presentation of Artist/Attraction's performance as set
forth herein or in an attached Addendums and/or Technical or Contract Rider.
(b)Presenter agrees to comply with all regulations and requirements of any national or local union(s)that may have jurisdiction over any of
the facilities,materials,services and personnel to be furnished by Presenter or by Artist/Attraction.
(c)No stage seats may be positioned without the advance written consent of the Artist/Attraction.
(d)Presenter shall be solely responsible for payment of royalties(ASCAP, BMI,SECAC or otherwise), in connection with the works to be
performed by Artist/Attraction. In addition, if Artist/Attraction is appearing as Guest Artist with a symphony orchestra, Presenter will be
responsible for supplying all musical material and for the payment of any royalties, rental fees and/or performing fees required for the
performance of such material.
2.ADVERTISING,PUBLICITY AND PROGRAM:
(a)Presenter hereby agrees to print and distribute a sufficient number of house programs at its own expense. Artist/Attraction may elect
to furnish copy for the program,which Presenter hereby agrees to use in the printed program without revision.
(b)Presenter agrees to use only photographs and likenesses furnished or otherwise approved by Artist/Attraction.
(c)Artist/Attraction shall supply the usual quantity of printed and advertising material,as available.
(d)All advertisements and house programs will carry a management credit:"Opus 3 Artists"as exclusive representative of Artist/Attraction.
Presenter further agrees to print additional credits, including Artist/Attraction recording companies, and sponsors, as Artist/Attraction or
Manager may reasonably request.
(e)The work(s)to be performed shall be chosen or approved by Artist/Attraction.
3.CONCESSIONS:
Subject to any pre-existing concession agreement(s) applicable to the venue where Artist/Attraction is to perform,Artist/Attraction shall
have the right to authorize vendor(s)selected by Artist/Attraction to sell souvenir programs and concession items specifically related to
Artist/Attraction's appearance in the lobby and other public areas of the venue before, after, and during each intermission of, each
performance.
4.TICKET SALES:
Presenter agrees that revenue received by Presenter related to the Engagement,including,but not limited to,box office revenue(100%),
event sponsorship revenue [insofar as it is related to performance(s) of the Engagement, as opposed to institutional sponsorship],
advertising revenue,etc.,shall be applied first toward Artist/Attraction's fee payment,before all other expenses.
In the event Artist/Attraction's compensation and payment is based in whole or in part on receipts of the performance(s)hereunder:
(a)The scale of ticket prices,discount programs and house must be submitted to and approved by Artist/Attraction in writing before tickets
are ordered or placed on sale,
(b)Free admissions,if any,(except to local press)shall be subject to Artist/Attraction's prior written approval,
(c)Presenter agrees to deliver to Artist/Attraction a certified box office statement showing the gross receipts and deductions of each such
performance within two hours following such performance;and
(d)Artist/Attraction shall have the right to have a representative present in the box office at all times.
5.CONDITIONS OF ARTIST'S OBLIGATIONS:
(a) Each of Artist/Attraction or Presenter shall be relieved of their obligations hereunder should the fulfillment of those obligations be
prevented or delayed by act of God,physical disability,labor difficulties,strike,civil tumult,war,epidemic,refusal of visas,failure or delay
of means of transportation,any Act or Order of any public authority or other cause similar or dissimilar,which is beyond the control of either
Artist/Attraction or Presenter.
(b) If Artist/Attraction includes any person(s) other than the featured performer, Artist shall be deemed to have fulfilled its obligation
hereunder if the featured performer of Artist/Attraction performs alone,with some or all of such other person(s)or with any substitute(s)for
such other person(s)selected by Artist/Attraction.
(c)Artist/Attraction shall have the option to terminate this Agreement in the event of the death or life threatening illness of an immediate
family member or a featured performer. If Artist/Attraction shall so terminate this Agreement,Artist/Attraction shall be excused from the
performance of any and all of Artist/Attraction's obligations hereunder.
6.RESTRICTIONS:
(a)Presenter shall not have the right to and affirmatively agrees to prevent the recording or reproduction in any form and by any means
now known or which may be developed in the future,of any of the performance(s)of this Engagement or of any part(s)thereof including
broadcast on radio television, or via internet(live, delayed), or photography, unless Presenter has secured prior written permission and
agreement of Artist/Attraction or Manager.
(b) Neither Presenter nor Artist/Attraction shall have the right to assign this Agreement, any provision hereof or any of either's rights or
obligations hereunder,without the written consent of the other.
(c)Nothing herein contained shall be construed so as to constitute the parties hereto to a partnership orjoint venture.
(d)Neither Artist/Attraction nor Manager shall be liable in whole or in part for any liability incurred by Presenter carrying out the provisions
hereof,or otherwise.
(e)The person executing this Agreement on Presenter's behalf warrants his or her authority to do so.
(f)No other artist(s)shall be presented at the Engagement(whether prior to,simultaneous with or following Artist/Attraction's performance)
unless Artist/Attraction shall have first consented in writing to the appearance by,and identity of,such artist(s).
Opus 3 Artists CONTRACT 3 of 5
Vienna Boys Choir(Wiener Silngerknaben)-City of Kent-#126216
7.FAILURE BY PRESENTER:
If before the date of any scheduled performance,
(a)Artist/Attraction or Manager finds that Presenter has not performed fully its obligations under any other agreement with any party for
another engagement or determines that the financial credit of Presenter has been impaired or,(b)Presenter breaches,or fails to perform
fully in accordance with the terms and conditions of this Agreement(including,without limitation,all representations,warranties and other
undertakings of Presenter herein contained),Artist/Attraction shall have the option,without limitation of any other rights to remedies that
may be available to it, to terminate this agreement,in which event,Artist/Attraction shall be excused from the performance of any and all
of Artist/Attraction's obligations hereunder. In the event of a termination pursuant to the foregoing clause(b),in addition to all other rights
and remedies Artist may have against Local Presenter with respect to the subject matter thereof,Artist/Attraction shall have the right to
retain all amounts paid to Artist/Attraction hereunder and Presenter shall immediately pay to Artist/Attraction all other amounts that would
have been payable hereunder had this Agreement remained in full force and effect.
8.REPRESENTATIONS,WARRANTIES AND INDEMNITIES:
Presenter hereby represents and warrants the following:
(a)that it has the right to enter into this Agreement and undertake the performance of all obligations on its part to be performed;
(b)that it currently has or will obtain a lease for the theatre,hall or auditorium which will remain in full force and effect for the full period of
load-in,rehearsal(s),performance(s);and load-out and;
(c)that it carries,and that the venue carries,all necessary and appropriate general liability insurance against all risks including the risk of
acts, occurrences, negligence,or omissions relating to the venue's operation in an amount suitable to meet industry standards for such
operations.
Presenter agrees to indemnify Artist/Attraction and/or Manager from and against any breach or alleged breach of any of Presenter's
representations,warranties, and agreements contained in this Agreement and from any and all claims of third parties in connection with
the performance and other activities or Presenter contemplated hereby, unless said claim is proven to be due solely to the intentional
malfeasance or gross negligence of Artist/Attraction in which event Artist/Attraction similarly agrees to indemnify Presenter.
9.ARBITRATION:
In the event of any dispute among the parties as to any part of this agreement,such dispute shall be settled by arbitration in New York,
New York,before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in
effect and the reward rendered shall be binding and conclusive upon the parties. Judgment upon any award may be entered and enforced
in any court having jurisdiction. The prevailing party in the arbitration shall be entitled to recover its reasonable costs(including attorneys'
fees)from the losing party. Service of process may be effected by mail to any party at its/his last known address.
10.NOTICES:
All notices and communications to Artist in connection with this Agreement and engagement should be in writing and sent c/o Manager at
the following address: Opus 3 Artists,470 Park Avenue South,gth Floor North,New York,NY 10016. All notices to be given and/or signed
by Artist/Attraction in connection with this Agreement and engagement may be given and/or signed by either Artist/Attraction or Manager.
11.MISCELLANEOUS:
This constitutes the sole,complete and binding agreement between the parties hereto.Opus 3 Artists LLC acts only as agent and manager
for Artist/Attraction and assumes no liability hereunder.This Agreement may not be changed,modified or altered except by an instrument
in writing signed by the parties.This agreement shall be construed in accordance with the laws of the State of New York.Nothing in this
Agreement shall require the commission of any act contrary to law or to any rule or regulation of any union, guild or similar body having
jurisdiction over the performances hereunder or any element thereof and wherever or whenever there is any conflict between any provision
of this Agreement and any such law, rule or regulation,such law, rule or regulation shall prevail and this Agreement shall be curtailed,
modified,or limited only to the extent necessary to eliminate such conflict.
Opus 3 Artists CONTRACT 4 of 5
Vienna Boys Choir(Wiener Sangerknaben)-City of Kent-#126216
PLEASE COMPLETE ALLL�OF THE FOLLOWING INFORMATION:
VENUE: Ij�) 6�� gr l Savo
Complete Street Address 0 o 1(p 4 �/Q
Loading Dock Address 1 S mQ,
Venue Capacity �fao
Presenter Website �' Vy yyw C 0YY)
House Opens P
Emergency Phone
Director of Programming: 1 Io� Production I Technical Staff:
k
Name UVI�CI .I Ve , n Name
Position r�t�l c5 Y t0 Position
Office Phone ��5� '�015(p - S�J�� Office Phone 1 c/
Mobile Phone :�� 1 Mobile Phone �;C)
Email Ir Uj u e, c K�y�u�a ,C�O�/ Email Lk- � , IK 12
`J tti�
Hospitality I Logistics Marketing:
Name wwa, =—Name
Position Position
Office Phone Office Phone
Mobile Phone Mobile Phone
Email Email
Recommended Hotel
Merchandising: Box Office&Ticket Sales Q
Name ��� Q Name L
Position Position
i
Office Phone Office Phone
Mobile Phone Mobile Phone
Email Email
Opus 3 Artists CONTRACT 5 of 5
Vienna Boys Choir(Wiener SAngerknaben)-City of Kent-#126216
Signature: Lori Ifioaan Signature:
Lori Hogan(Sep ,202310:35 PDT)
Email: lhogan@kentwa.gov Email: rlashley@kentwa.gov
Signature: 71
Melissa McCormick(Sep 21,2023 07:42 PDT)
Email: cityclerk@kentwa.gov
REC-09192023-Opus3Artists-SpotlightVBC
Final Audit Report 2023-09-21
Created: 2023-09-19
By: Ronda D Billerbeck(rbillerbeck@kentwa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAYQiOL1BFDtKo1Z3DhAi8mhpVHDWIap0m
"REC-09192023-Opus3Artists-SpotlightVBC" History
Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov)
2023-09-19-5:02:26 PM GMT-IP address: 146.129.252.126
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Email viewed by Ihogan@kentwa.gov
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do Signer Ihogan@kentwa.gov entered name at signing as Lori Hogan
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�a Document e-signed by Lori Hogan (Ihogan@kentwa.gov)
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f55g Signer rberretta@opus3artists.com entered name at signing as Robert Berretta
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Ronda D Billerbeck (rbillerbeck@kentwa.gov) replaced signer Julie Parascondola (jparascondola@kentwa.gov)
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Document emailed to Kim Komoto (kkomoto@kentwa.gov)for signature
2023-09-20-6:35:37 PM GMT
Email viewed by Kim Komoto (kkomoto@kentwa.gov)
2023-09-20-6:50:42 PM GMT-IP address: 104.47.65.254
dp Document e-signed by Kim Komoto (kkomoto@kentwa.gov)
Signature Date:2023-09-20-6:50:57 PM GMT-Time Source:server-IP address: 146.129.252.126
Document emailed to cityclerk@kentwa.gov for signature
2023-09-20-6:51:01 PM GMT
Email viewed by cityclerk@kentwa.gov
2023-09-21 -2:40:29 PM GMT-IP address: 104.47.65.254
Signer cityclerk@kentwa.gov entered name at signing as Melissa McCormick
2023-09-21 -2:42:37 PM GMT-IP address: 146.129.252.126
Document e-signed by Melissa McCormick (cityclerk@kentwa.gov)
Signature Date:2023-09-21 -2:42:39 PM GMT-Time Source:server-IP address: 146.129.252.126
Agreement completed.
2023-09-21 -2:42:39 PM GMT
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