HomeMy WebLinkAboutCAG2024-344 - Original - IMV Artists - 2024-2025 Spotlight Series - Some Enchanted Evening - 7/23/24 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: off
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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
WASHINcroN Sheet forms. Dir/Dep Dir:
Originator: Department:
Ronda Billerbeck Parks, Recreation & Community Services
Date Sent: Date Required:
> 05/22/2024 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:
IMG Artist, LLC Contract
Vendor Number: Sub-Category:
= 1388359 Original
0 2024-2025 Spotlight Series - Some Enchanted Evening
Project Name: g
3- Project Details:Some Enchanted Evening will perform as part of Spotlight Series on
0
= Saturday, October 5, 2024.
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Agreement Amount: $1 O OOO.00 Basis for Selection of Contractor: Other
`Memo to Mayor must be attached
Start Date: 10/05/2024 Termination Date: 10/05/2024
Im
Q Local Business?F--]YeslzNo* If meets requirements per KCC3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace.
Business License Verification:Yes In-Process Exempt(KCC 5.01.045)
Notice required prior to disclosure? Contract Number:
FTesQNo CAG2024-344
Comments:
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Date Routed to the City Clerk's Office: 7/23/24
,c«w»373__,0 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20210513
•
KENT PERFORMANCE AGREEMENT
WASH I NGTO N between the City of Kent and
IMG Artists FSO Some Enchanted Evening
THIS PERFORMANCE AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and IMG Artists LLC, FSO Some Enchanted Evening (the "Contractor"), 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: Some Enchanted Evening (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: Saturday, October 5, 2024
Event Location: Kent-Meridian High School Performing Arts Center, 10020 SE 2561h 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 ten (10) hotel rooms on the night of Saturday, October 5, 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: "Some Enchanted Evening featuring Benny Benack III, Stella Cole and Jabu
Graybeal." 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 2024-
2025 season (September 2024—August 2025, 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 $2,000 will be paid, by City of Kent check, to IMG Artists LLC upon execution of the contract. The balance of
$8,000 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:l Juli ar nd ascoola(Jul 23,202409:57 PDT)
Print Name: Toby Tumarkin Print Name: Julie Parascondola
Its EVP,Global Head of Artists&Attractions, IMG Artists Its: Director
DATE:7/22/24 DATE: 7-23-24
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(@_imgartists.com (email)
ATTEST:
k��� >,// 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, IMG Artists
Date: 7/22/24
EEO COMPLIANCE DOCUMENTS - 4 of 5
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022
SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998
APPROVED BY Dana Ralph, Mayor
POLICY:
Equal employment opportunity and non-discrimination in contracting requirements for the City of
Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and
suppliers of the City must guarantee equal employment opportunity within their organization
and, if holding Agreements with the City amounting to $10,000 or more within any given year,
must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the
City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination
Policy Declaration, prior to commencing performance.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to coordinate with the City's Title VI coordinator, and perform the following
duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 5 of 5
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
EXHIBIT B
ENGAGEMENT AGREEMENT
IMG Artists
Agreement
This agreement, made on Mon 20 May 2024 by and between Kent Parks & Recreation/Kent Arts
Commission, 220 Fourth Ave. S., Kent, WA 98032-5895, United States (hereinafter referred to as
"Presenter") and IMG Artists FSO Some Enchanted Evening, (hereinafter referred to as "Artist"), hereby
serves to bind both parties to the following terms of engagement as stated:
Performance Details
Sat 05 Oct 2024 7:30 PM Kent-Meridian High School Performing Arts Center One (1)performance
Program
Some Enchanted Evening featuring Benny Benack III, Stella Cole and Jabu Graybeal
Fee and Expenses
$10,000.00 (Ten Thousand USD) plus ten (10) single rooms for one (1) night.
Other Special Terms
Fee is special and confidential
Artist rider is an integral part of this agreement
Presenter agrees to e-mail the final ticket count for the performance to
ticketcount@imgartists.com within five (5) days of the Artist's performance
Payment Terms
Payment for Some Enchanted Evening performance should be issued in two payments as follows:
a) Please issue a 20% deposit in the amount of Two Thousand ($2,000) USD upon
execution of contract.
b) Balance payment of Eight Thousand ($8,000) USD due immediately following the
performance.
Both payments are to be sent via ACH to IMG Artists, LLC. Amegy Bank. 1717 W Loop S, Houston, TX
77027. Account: 5793974071. Routing: 113011258. Payment reference: Pride. If ACH is not possible, please
send checks payable to IMG Artists and mail via a trackable service such as Fedex or UPS to 7 West 54th St,
New York, NY 10019, Attn: Finance.
This Agreement is hereby duly signed and governed by the Terms and Conditions overleaf, which are
expressly incorporated. Any attached schedules or riders form an integral part of this agreement.
PRESENTER ARTIST
Date: Date:
IMG Artists, 7 West 54th Street, New York, NY 10019 •TEL:212 994-3500 FAX:212 994-3550
Page 1 of 3
11
TERMS AND CONDITIONS
IMG Artists
1. IMG Artists is Artist's authorized agent for all purposes hereunder. Presenter agrees to pay the total due by check(s)
or ACH/wire which is made payable according to page one of this contract.
2. If Artist is unable to perform the Engagement for any reason beyond the control of the Artist, including without
limitation, illness of Artist or death or life threatening illness of an immediate family member of Artist, accident, or any
incapacity, fires, labor disputes, public emergency or calamity, epidemic, pandemic, viral, bacterial, or other
communicable disease transmission, or other public health-related concerns, disruption of air traffic, act of terrorism,
or Act of God ("force majeure"), this agreement shall terminate with respect to the Engagement and neither party
shall be liable to the other for any damage arising from the Artist's inability to perform. If, for any such reason, Artist
is able to perform only a portion of the Engagement, then the Engagement Fee shall be reduced on a pro-rata basis.
Cancellation or rescheduling of the Engagement by Presenter due to Presenter's fiscal insolvency, poor ticket sales
or scheduling problems, or for any other reason, shall not be deemed a force majeure event giving rise to termination
without liability on the part of Presenter.
3. Presenter agrees to provide the Engagement Site and rehearsal area, including stage and dressing room, furniture,
stage lighting, sound equipment and other items, each as reasonably requested by Artist and each in a clean,
comfortable and safe condition, professional personnel to operate all such equipment, all necessary house staff
(back and front of house)and a page turner(if requested by Artist), each at Presenter's expense. Presenter further
agrees to honor Artist's specific needs as detailed in any riders attached hereto.
4. If a piano is required for the Engagement, Presenter will furnish at Presenter's expense one properly tuned 9 foot
Steinway concert grand piano (or other piano acceptable to Artist) in excellent condition, tuned, for use during the
Engagement.
5. Presenter will be solely responsible for payment of all royalties or license fees required in connection with
performance of works on Artist's program.
6. Presenter agrees that the Engagement (and any rehearsals) will not be recorded, broadcast, televised, videotaped,
photographed, filmed or otherwise reproduced or extended beyond the Engagement site without the prior written
consent of Artist,through IMG Artists.
7. Artist, through IMG Artists, agrees to furnish Presenter with reasonable quantities of available publicity materials
solely for use in promoting and publicizing the Engagement. Presenter acknowledges that IMG Artists is unable to
provide Presenter with program notes. Upon request, Presenter agrees that any promotional materials produced by
Presenter in connection with the Engagement in which the Artist's name or likeness is included is subject to Artist's
prior approval, through IMG Artists.
8. Presenter agrees that it will produce the program for the Engagement at its own expense. If requested, Presenter
agrees to supply Artist, through IMG Artists,with all pages of the program on which Artist's name or likeness appears
and such pages are subject to Artist's approval, through IMG Artists. Presenter agrees to include text and/or inserts
as provided by Artist(through IMG Artists)in each program and program credits as follows:
(i) Some Enchanted Evening appears by arrangement with IMG Artists, LLC, 7 West
54thStreet, New York, NY 10019. 212-994-3500
9. Presenter will use best efforts to furnish complimentary tickets to the Engagement as follows: 4 for Artist and 2 for
manager unless otherwise stipulated in a rider attached hereto.
10. Notwithstanding anything to the contrary contained herein, if Presenter incurs any claims, damages, other liabilities
or costs and expenses (including, without limitation, reasonable attorneys' fees) relating to the non-appearance by
Artist for reasons other than those enumerated in Paragraph #2 in connection with the Engagement, Artist's liability
to Presenter shall not exceed 10% of Artist's fee hereunder (excluding Artist's expenses payable by Presenter
hereunder).
11. Artist shall defend, indemnify and hold Presenter, its officers, employees and agents harmless from and against any
and all liability, loss, expense (including reasonable attorney's fees), or claims for injury or damages arising out of the
performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorney's
fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of
Artist, its officers, agents, or employees. Presenter shall defend, indemnify and hold Artist, its officers, employees
and agents harmless from and against any and all liability, loss, expense (including reasonable attorney's fees)
arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss,
expense, attorney's fees, or claims for injury or damages are caused by or result from the negligent or intentional
acts or omissions of Presenter, its officers, agents, or employees.
IMG Artists, 7 West 54th Street, New York, NY 10019 •TEL:212 994-3500 FAX:212 994-3550
Page 2 of 3
11
TERMS AND CONDITIONS
IMG Artists
12. This ENGAGEMENT AGREEMENT shall be governed by and construed in accordance with the laws of the State of
New York, without giving effect to the principles of conflicts thereof. In the event a dispute arises under this
ENGAGEMENT AGREEMENT which cannot be resolved, such dispute shall be submitted to arbitration and resolved
by a single arbitrator (who shall be a lawyer) in accordance with the Commercial Arbitration rules of the American
Arbitration Association then in effect. All such arbitration shall take place at the office of the American Arbitration
Association located in New York, New York. Each party is entitled to depose one (1) fact witness and any expert
witness retained by the other party, and to conduct such other discovery as the arbitrator deems appropriate. The
arbitration provisions of the ENGAGEMENT AGREEMENT shall not prevent any party from obtaining injunctive relief
from a court of competent jurisdiction to enforce the obligations for which such party may obtain provisional relief
pending a decision on the merits by an arbitrator. Each of the parties hereby consents to the jurisdiction of New York
courts for such purpose. The award or decision rendered by the arbitrator shall be final, binding and conclusive and
judgment may be entered upon such award by any court.
13. All rights and remedies of the Parties under this Agreement are cumulative and not in limitation or restriction of any
other right or remedy in law or in equity.
14. This ENGAGEMENT AGREEMENT cannot be assigned or transferred without written consent of Artist, through IMG
Artists.
15. Presenter agrees not to modify by hand the face of this ENGAGEMENT AGREEMENT, including the terms and
conditions and any riders hereto, without IMG Artists' prior approval. This Engagement contains the entire
agreement between the parties and shall supersede all prior proposals, negotiations, agreements, arrangement and
understandings, if any, relating to the obligations and matters set out herein,whether oral or written.
PRESENTER ARTIST
Date: Date:
IMG Artists, 7 West 54th Street, New York, NY 10019 •TEL:212 994-3500 FAX:212 994-3550
Page 3 of 3
161
IMG Artists
Please disregard any previous rider versions you may have received for this Artist
SUBJECT TO CHANGE
SOME ENCHANTED EVENING
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 F/S/O"Some Enchanted
Evening"(hereinafter referred to as"ARTIST").
Absolutely no changes are to be made to this rider
without prior agreement with ARTIST or their designated representatives.
In order to assure a quality concert, PRESENTER agrees to provide ARTIST with the following, at PRESENTER'S
sole cost and expense:
1. STAGE AND SOUND
a. A stage for performance with adequate space for the ARTIST'S instrumentation:drum set,acoustic bass and
bass amp,grand piano,trumpet, saxophone, vocalist, guitar and tap dancer. 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. A professional sound system with at least 32 inputs, capable of providing clear, undistorted, evenly
distributed sound throughout the audience area. A minimum of six(6)onstage monitors is required,but two
(2)downstage side fill monitors are preferred.An engineer experienced in the house system to operate said
system must be on hand for the sound check and performance.A monitor engineer in addition to the front of
house sound engineer is preferred.
HOUSE MONITORING AND LIGHTING ENGINEERS MUST BE PROVIDED AT NO COST TO ARTIST.
2. PERSONNEL
a. Benny Benack III,trumpet,vocals,MD
b. Stella Katherine Cole,vocals
c. Jabu Graybeal,tap-dance
d. Miki Yamanaka,piano (Oct 3-20 only)Liya Grigoryan, piano (Oct 23—Nov 17)
e. Jarien Jamanila,tenor saxophone
f. Russell Hall,bass
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g. Joe Peri,drums
h. Tour Manager
3. BACKLINE AND AUDIO
a. TRUMPET 1 /LEAD VOCAL 1 /MD(Benny Benack III)
i. DPA 4099-T core microphone for trumpet with mounting clip OR SM57 for trumpet
ii. Neumann KMS 105 for vocals+mic-stand
b. LEAD VOCAL 2(Stella Katherine Cole)
i. Neumann KMS105 for vocals+mic-stand. Wired mic preferred over wireless.
c. SAXOPHONE:
i. DPA 4099-S core microphone for saxophone with mounting clip or SM57 for saxophone
i. Neumann KMS 105 for vocals+mic-stand
d. BASS:
i. Must provide one(1)3/4 size hardwood,pro-grade upright,acoustic bass,w/t adjustable bridge
and gut or steel strings.Please make an extra effort to ensure a good quality instrument.
ii. One(1)David Gage realist pickup
iii. #1 Choice Aguilar Bass Amp(combo or with cabinet)OR#2 Choice Ampeg OR Markbass-
D
iv. DPA4099B to be provided
e. DRUMS:Yamaha Maple Custom
i. Remo coated ambassador drumheads
ii. 20"kick
iii. 14"x 5.5" Snare drum(wood)with stand
iv. 12"rack tom
v. 14"floor tom
vi. 16"floor tom
vii. Hi-Hat stand with clutch
viii. Four(4)straight cymbal stands
ix. Kick Drum Pedal
x. Drum Key
xi. Heavy-duty drum throne
xii. Drum rug with rubberized bottom or carpeted surface
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IMG Artists
f. PIANO: One (1)professional 7-9ft Steinway or Yamaha Grand piano with adjustable height bench.
Piano must be tuned at A440 BEFORE we arrive for load-in and touched up after soundcheck.
g. DANCE FLOOR:
i. One(1)portable sprung dance floor for tap dancer approx. 6'x 4' if stage is carpeted,
cement, stone or otherwise unusable for tap dancing.The only acceptable materials for this
tap surface are wood or Masonite. The floor must be sprung to prevent any possible
injury. Please contact TM for more information.
ii. Tap Front(SM57 on floor stand or boundary mic)
iii. Tap Back(SM57 on floor stand or boundary mic)
h. OTHER
i. Six(6) 1/4"Instrument Cables
ii. Five(5)music stands with lights
iii. Four (4) stools for trumpet, sax, vocals, and bass and one (1) small table for Benny's
trumpet/mutes
iv. Seven(7)water bottles,placed onstage(sustainable alternatives preferred and appreciated!)
v. Black stages towels available at request
vi. Decorative rug/s downstage and for drums when available
IT IS OF THE ESSENCE OF THIS AGREEMENT THAT PRESENTER FULFILL ALL TECHNICAL
REQUIREMENTS.Please contact Tour Manager with any questions or concerns.
ALL EQUIPMENT FOR PERFORMANCE MUST BE SET UP,POSITIONED,AND WIRED ON PERFORMANCE
STAGE AS ILLUSTRATED ON THE ATTACHED STAGE PLOT AT LEAST ONE HOUR PRIOR TO SOUND
CHECK.
4. TRANSPORTATION
Ground transportation from the hotel to the venue must be arranged and provided by the PRESENTER, if
ARTIST is not traveling with personal transport.
5. ACC MMODATIONS Best Western Plaza By the Green,24415 Russell Rd, Kent,WA 98032 Ile T�
Ten 10)
>*i,11L k �single hotel rooms in a 1,including breakfast and a gym,in a reasonable distance
to the venue.Parking must be included at the venue and hotel.
6. PARKING
Parking and 12ft height clearance for a 15-passenger van to be provided at both venue and hotel if ARTIST is
traveling with personal transport.
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7. BACKSTAGE
PRESENTER shall furnish ARTIST,at PRESENTER'S sole cost and expense: aT 7
a. One(1)large Green Room,for communal gathering and dining 3 rooms total are available to us as dressing rooms.No showers.
b. and bathroom preferred.
Rooms should all have an iron w/ironing board and/or garment steamer,and clean towels.
i. One(1)dressing room labeled BENNY BENACK III
ii. One(1)dressing room labeled STELLA KATHERINE COLE
iii. One(1)dressing room labeled JABU GRAYBEAL
iv. One(1)dressing room labeled SOME ENCHANTED EVENING BAND
c. A clothing steamer and an iron&ironing board
d. Wardrobe supplies, including: a sewing kit, a lint roller, pit spray (1:1 vodka/water mix), rubbing
alcohol, and stain removals tools such as a Tide To-Go pen or similar
e. One(1)production office for Tour Manager,if available
f. 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.
8. CATERING
ARTISTS will be travelling extensively with minimal opportunities to step away for breakfast,lunch,or
dinner! Please understand that your fulfillment of the catering portion of the rider is necessary to the health
and nutrition of the ARTISTS.All menu options must be approved by Tour Manager.
a. Dinner for ten(10)people
i. Meals for vegetarian/vegan members MUST be actual meals,not just sides that are veggie.
ii. Please note Stella is allergic to dairy
iii. The group will have dinner between soundcheck and the concert.
b. Healthy Local options following the guidelines of the rider are preferred:
i. Drinks-One case of Mountain Valley Spring Water,cold brew(Starbucks preferred)/hot
coffee/mint tea or throat coat/hot water(oat milk, soy milk,half and half. sugar,spoons,
cups),A selection of non-alcoholic beverages: seltzers(IE La Croix,Polar, Spindrift),
coconut water,and kombucha(lemon ginger preferred)
School district venue.Alcohol is not permitted.
Ile
iii. Snacks -Power snacks such as fresh fruit,nuts, granola bars, cheese& fruit platter, hippeas
chickpea puffs or pretzel chips, apples and peanut butter, rice cakes and hummus, chocolate 77
chip cliff bars or peanut butter chocolate RX bars,fresh fruit and berries,coconut milk or soy TT
yogurt (any non-dairy yogurt is cool), trail mix or mixed nuts, peanut butter filled pretzels,
tortilla chips and guacamole,sour patch kids.
iv. Chopped Salad Hearty salads with an assortment of greens like spinach, tomatoes,
cucumbers, beets, cucumbers, snap peas, avocado, broccoli, chickpeas, feta or blue cheese,
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IMG Artists
nuts,mushrooms,artichoke,peas,lettuce etc.(ranch,vinaigrette,grilled chicken on the side).
v. Mains—Salmon/Chicken/Beef options(preferably no pork)
vi. Sides- Steamed Veggies,Brown Rice,Quinoa
vii. Dessert- Surprise us!
Any meal buyouts must be negotiated with management or TM and paid in cash day of show.
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.
9. COMPLIMENTARY TICKETS: ten(10) r
PRESENTER agrees to provide ARTIST with minW m �i G)complimentary tickets for each performance.
10. BILLING/ADVERTISING:
ARTIST is to be billed in all print materials,Marquees,Print Ads,Radio Ads,Tickets and any other marketing
materials only as "Some Enchanted Evening — featuring Benny Benack 111, Stella Katherine Cole and
Jabu Graybeal"
PRESENTER shall send all marketing materials for approval to Jean Lee,jlee@imgartists.com, prior
to print or going live on the web.
11. MERCHANDISE
Artist and/or their representatives shall have the exclusive right to sell and distribute their merchandise at and
around the venue. PRESENTER shill nA be entitled to and shall not receive any portion of the sale of said
merchandise. The venue shall supply ne experienced and competent sellers,one of whom is to be assigned
the responsibility of overseeing and confirming the "counting in" and"counting out" of all merchandise. If
venue cannot provide a seller,Artist and/or their representatives will sell and oversee all logistics.
15%if artist sells,20%if venue sells. TT
TT
12. INSURANCE
PRESENTER agrees to retain any and 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 harmless from
any and all claims,liabilities,damages,and expenses arising from any action or activity of PRESENTER while
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IMG Artists
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
VP,Managing Producer
IMG Artists
T: 917-285-0875
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: Date:
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IMG Artists
CONTACTS
Booking
Toby Tumarkin(he/him)
IMG Artists
917-207-0294
ttumarkin@imgartists.com
Contracts, Marketing & Servicing
Jean Lee (she/her)
IMG Artists
917-285-0875
jlee@imgartists.com
Tour Manager
Haley Freedlund(they/them)
971-226-5047
Haley.freedlund@gmail.com
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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 St., Kent, WA
Hall capacity 359 Stage Dimensions 37'6" wide x 27'9" deep
Phone numbers: Main 254-856-5050 Fax 253-856-6050
911 Box Office 253-856-5051 206-450-7203 (presenter cell)
Emergency e Backstage
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.k12.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
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Some Enchanted Evening
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Signature: Lori II*av Signature:
Lori Hogan(May ,202413:30 PDT)
Email: lhogan@kentwa.gov Email: rlashley@kentwa.gov
Signature: Kin KOMOfO
Kim Komoto(Jul 23,202411:20 PDT)
Email: cityclerk@kentwa.gov
RCU LT-052224-1 MGArtistsSEE-SpotlightSeries
pdf
Final Audit Report 2024-07-23
Created: 2024-05-22
By: Ronda D Billerbeck(rbillerbeck@kentwa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAm_-Pkb4xNkSXJcgCvbHIGODwi3oyLih7
"RCULT-052224-IMGArtistsSEE-SpotlightSeriespdf' History
Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov)
2024-05-22-7:08:29 PM GMT
Document emailed to Ihogan@kentwa.gov for signature
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Email viewed by Ihogan@kentwa.gov
2024-05-22-8:26:17 PM GMT
Signer Ihogan@kentwa.gov entered name at signing as Lori Hogan
2024-05-22-8:30:01 PM GMT
Document e-signed by Lori Hogan (Ihogan@kentwa.gov)
Signature Date:2024-05-22-8:30:03 PM GMT-Time Source:server
Document emailed to ttumarkin@imgartists.com for signature
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Email viewed by ttumarkin@imgartists.com
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f55g Signer ttumarkin@imgartists.com entered name at signing as Toby Tumarkin
2024-07-22-2:09:57 PM GMT
Document e-signed by Toby Tumarkin (ttumarkin@imgartists.com)
Signature Date:2024-07-22-2:09:59 PM GMT-Time Source:server
Document emailed to Ronald Lashley (rlashley@kentwa.gov)for signature
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Document emailed to Kim Komoto (kkomoto@kentwa.gov)for signature
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