HomeMy WebLinkAboutCAG2024-545 - Original - Heart by Heart (Dynamic Talent, Inc.) - 2025 Summer Concert Series: Heart by Heart - 12/3/24 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr:
Agreement Routing Form Dir. Assist:
• For Approvals,Signatures and Records Management
KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover
WASHINcroN Sheet forms. Dir/Dep Dir:
Originator: Department:
Ronda Billerbeck Parks, Recreation & Community Services
Date Sent: Date Required:
> 12/03/2024 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:
Heart By Heart (Dynamic Talent Inc.) Contract
Vendor Number: Sub-Category:
= 2574922 Original
0 2025 Summer Concert Series: Heart B Heart
Project Name: y
3- Project Details: Heart By Heart will perform as part of Kent Summer Concert Series on
0
= Thursday, July 10, 2025 from 6:30 - 8:00 p.m. at Morrill Meadows Park,
*, 10600 SE 248th St, Kent, WA 98030.
c
a�
Agreement Amount: $4 000 Basis for Selection of Contractor: Other
`Memo to Mayor must be attached
Start Date: 07/10/2025 Termination Date: 07/10/2025
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 CAG2024-545
Comments:
CA
G
3
4)
H
•� i
N 3
f0
C
V1
Date Routed to the City Clerk's Office: 1 2/5/24
,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
Heart By Heart, c/o Dynamic Talent International
THIS PERFORMANCE AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Heart By Heart (the "Contractor"), doing business through Dynamic Talent International
organized under the laws of the State of California, located and doing business at P.O. Box 279727, Sacramento, CA
95827 (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.
II. DESCRIPTION OF WORK. Contractor shall perform the following event for the City:
Description: Contractor will present one performance as part of the Kent Arts Commission's
Summer Concert Series.
Start Time/Duration/Stop Time: 6:30 p.m. /90 minutes/8:00 p.m.
Day, Date, Year: Thursday, July 10, 2025
Event Location: Morrill Meadows Park, 10600 SE 248th St, Kent
Merchandising: Contractor shall have the sole and exclusive right, but not obligation, to sell
souvenir posters, programs, CDs, DVDs, and other merchandise directly
pertaining to and/or bearing the likeness of the Artist at the performances. Artist
will provide sales staff and retain 100% of the receipts.
Radius Clause: Contractor shall not appear in general Seattle/Puget Sound market, including
King, Pierce, Snohomish, and Kitsap Counties, within two months before or after
July 10, 2025 with the exception of venues specifically discussed and mutually
agreed upon.
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$4,000.00 for the work to be performed
under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. A
$2,000 deposit will be paid by City check to Dynamic Talent International by May 10, 2025. The balance of$2,000 will be
paid by City check on the day of the show and remitted to Heart By Heart.
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 ll. The City shall also provide ushers, house manager,
and box office staff and any additional services and personnel as required by the City, for the efficient operation of the
engagement. Other arrangements will be the responsibility of the City and Contractor as follows below:
Venue: City will provide covered outdoor stage.
Sound: City will provide; Artist will provide technical requirements no later than 60 days prior to
performance date.
Lights: N/A
Dressing Rooms: City will provide—TBD.
Technical Staff: City will provide sound technician.
PERFORMANCE AGREEMENT- 1
(between City and Artist, through Artist's Agent)
As may be more particularly described in any rider that may be attached and incorporated into this Agreement as Exhibit
B.
VI. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer
Relationship will be created by this Agreement, and that the Contractor has the ability to control and direct the
performance and details of its work, the City being interested primarily only in the results obtained under this Agreement
and compliance with its terms and conditions.
VII. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall be responsible for the safety of its
employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose.
VIII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal
costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for
that portion of the injuries and damages caused by the City's negligence, including assertions that the use or transfer of
any software, book, document, report, film, tape or sound reproduction delivered in accordance with this Agreement
constitutes an infringement of any copyright, patent trademark, trade name, or otherwise results in unfair trade practices.
The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of
these covenants of indemnification.
The provisions of this section shall survive the expiration or termination of this Agreement.
IX. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of
the types and in the amounts described in Exhibit A attached and incorporated by this reference.
X. DISCRIMINATION. In the performance of work under this Agreement or any subcontract, the Contractor
and Agent, its sub-contractors, or any person acting on behalf of the Contractor, Agent or sub-contractor shall not, by
reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or
physical disability, discriminate against any person who is qualified and available to perform the work to which the
employment relates. The Contractor or Agent shall execute the attached City of Kent Non-Discrimination Policy
Declaration and comply with City Administrative Policy 1.2.
XI. TERMINATION AND BREACH. Either party may terminate this Agreement, with or without cause, upon
providing the other party ninety (90) days written notice at its address set forth on the signature block of this Agreement.
All costs incurred by the City due to Contractor's failure to comply with the terms and conditions of this Agreement shall be
the responsibility of the Contractor. The City may deduct its costs from any payments due to the Contractor or pro-rate
the Agreement amount based upon the actual time of Contractor's performance compared to the contracted performance
schedule.
XII. IMPOSSIBILITY OF PERFORMANCE. Indoor performances may be dependent upon a facility which the
City may or may not have control over. Outdoor performances are considered "rain or shine." In the event that extreme
inclement weather renders and outdoor performance impossible, or an indoor facility unexpectedly becomes unavailable,
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
PERFORMANCE AGREEMENT- 2
(between City and Artist, through Artist's Agent)
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.
CONTRACTOR: CITY OF KENT:
By:— By:Lori Hogan(Dec ,2024 08:47 PST)
Print Name: Somar Macek Print Name: Lori Hogan
Its Member Its: Recreation/Cultural Services Supt
DATE: 12/05/2024 DATE: 12/03/2024
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Heart By Heart Ronda Billerbeck, Cultural Programs Manager
Somar Macek City of Kent
P.O. Box 82501 220 Fourth Avenue South
Kenmore, WA 98028 Kent, WA 98032
(206)228-8188 (telephone) (253) 856-5055 (telephone)
heartbvheart(a-)gmail.com (email) rbillerbeck(@kentwa.gov (email)
ATTEST:
9C. ;U n-L
Kent City Clerk
PERFORMANCE AGREEMENT- 3
(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: Heart By Heart, LLC
Title:
Member
Date: 12/05/2024
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 REQUIREMENTS
No insurance is required for this Contract or Agreement.
However, if the Consultant maintains any insurance coverage, the City
requires and shall be entitled to the coverage and/or the higher policy
limits maintained by the Contractor. Any available insurance proceeds
in excess of the specified minimum limits of insurance and coverage
shall be available to the City.
EXHIBIT B Page 1 of
Steve FOSSEN
Michael DEROSIER
of HEART
HEART BY HEART FEATURING STEVE FOSSEN & MICHAEL DEROSIER OF HEART
For more info or any questions answered please contact:
Elizabeth Elkins (615) 202-9561
elizabethelkinsmgmt@gmail.com
(Document Updated Nov 2023)
This document contains the following:
Hospitality Requirements ........................... page 2
Stage Plot ........................... page 3
Input Patch List ........................... page 4
Monitor Quick Guide ........................... page 5
Additional Tech Requirements/Notes ........................... page 6
Backline Rider ........................... page 7
Travel, Marketing, Other Requirements ........................... page 8
Confirmation of Agreement ........................... page 9
www.heartbvheart.com Contact: Elizabeth Elkins(615) 202-9561 elizabethelkinsmgmt@gmail.com Purchaser Initials
Page 2 of 9
HEART BY HEART Hospitality Requirements updated August 2023
BEVERAGES:
■ Two (2) cases (48) of unopened 16oz. bottles of(ROOM TEMP) CRYSTAL GEYSER Brand Spring water. PLEASE DO
NOT REFRIGERATE BOTTLED WATER.
■ Two (2) 28 oz. unopened bottles Gatorade Thirst Quencher in these flavors ONLY: Orange or Lemon-Lime.
(Regular Gatorade, NOT Zero, G2, Fit or Gatorlyte please.)
■ Two (2) 8.4 oz. unopened cans of Red Bull (regular)
■ Four (4) 16 oz. CHILLED unopened bottles Coconut Water (plain, not from Concentrate, NON-sweetened, NON-
flavored) (for hydration in hot weather-can be omitted during wintertime/cold weather)
■ Fresh Brewed Premium Coffee (caffeinated) +condiments (half& half/stirrers)
■ Hot water for tea + Peppermint Tea bags
SM
FOOD: (for Before and After show) 1�2 U SM
FOOD ALLERGY ALERT: One member is ALLERGIC TO RAW TOMATOES and is LACTOSE INTOLERANT. Please have a
dairy-free and raw tomato-free option, and/or keep cheese and tomatoes separated from everything else.
PLEASE KEEP REFRIGERATED FOOD CHILLED FOR PRE/POST SHOW CONSUMPTION.
■ Fresh Organic Fruit tray (including strawberries, blueberries and grapes) *No MELONS
■ Fresh Organic Veggie tray (including snap peas, broccoli and carrots)
■ Fresh Deli Sliced Turkey Cold Cuts
■ One (1) 5 oz. or Two (2) 2.5 oz packets Chicken Of The Sea White Albacore Tuna in Water
■ Pre-sliced Sharp Cheddar, Provolone, and Swiss cheese PLEASE DO NOT COMBINE CHEESE WITH MEAT
■ Two (2) Ripe Organic Avocados
■ One (1) loaf organic sourdough sliced bread
■ One (1) package La Panzanella Mini Croccantini crackers (Original or Rosemary) or Carr's Table Water Crackers
■ One (1) large bunch of organic bananas (semi-green)
■ Two (2) Organic Honeycrisp apples
■ One (1) container of Hummus (prefer Boar's Head Traditional, or Sabra Classic if not available)
■ One (1) container of Artichoke Jalapeno dip
■ One (1) bottle Mayonnaise
■ One (1) bottle Dijon Mustard
■ One (1) can 8.75 or 15 oz. Planters DELUXE UNSALTED (NO PEANUTS) mixed nuts (unopened)
■ Four (4) 3.5 oz. bars of Ghirardelli Intense Dark Chocolate, 72%or 86% cacao
OTHER ITEMS:
• One package 16oz plastic cups
■ Six (6) coffee cups, paper preferred (NOT Styrofoam please)
■ Napkins, plates, utensils, etc. n
/,2 5 SM
■ Five (5) Sharpie pens black and silver colors preferred
■ Two (2) clean black cotton hand towels
■ Fresh DURACELL batteries: Four (4)AA, Four (4) AAA
www.heartbyheart.com Contact: Elizabeth Elkins (615) 202-9561 elizabethelkinsmgmt@gmail.com Purchaser Initials /12 IF
Page 3 of 9
HEART BY HEART — Stage Plot Nov 2023
HEART BY HEART Featuring Original Heart Members Steve Fossen&Michael Derosier stage Plot No,,2,)23
(not necessaril.tc
Other needed items: steps(�L�-
El
IL Wedge(Mike)10 El
L
Sturdy stool or fan drumssmall table for
beverages ,/ +� �/ {
i micstand
mounti for
120 Y • �,1 120 Y M 120,<
accessory tray
No Mic-GTR DI may(
Is downstage • 3 Bass DI 1(Dry) T�. SM57
14 Bass DI 2(EQ'd)
8ftX8ftX14in MEW
T T
Electric GTR DI 9.dvc
12 110V Kys L+R (Fractal XLR Out) bass voc
(XLR Interface/ 16 Acoustic GTR DI r, ZO STRAIGHT 11 BOOM SL GTR voc
1 I from Laptop) O(Fractal XLR Out) 73 spare BOOM
keys voc r� L wired mic
BOOM El
0
8
19 SR GTR voc 120V 120V
BOOM O Wedge(Somar)
r0 IEM Ill 0IEM(Somar) 0 Wedge(Steve) .� IEM(Chad)
GTRkeys,voc Ambient mic _ Bass.voc GTR voc
O24for IEM mixes
1Xick Beta 52 9.OH-L SM81 17.E Guitar SL SM57 BAND/Monitor Mix#/Role Please keep stage clear of cable
2.Kick SM91 10.OH-R SM81 18.Voc Keys SR Beta58 BOOM 1.Lizzy Daymont-DSR clutter,gaff down to avoid trip
3.Snare Top SM57 11.Keys L XLR DSR 19.Voc Gtr SR Beta58 BOOM Elec&Accus Guitars,keys,Voc hazards.Note power drops.
4.Snare Bottom SM57 12.Keys R XLR DSR 20.Voc Lead Beta58 STRGHT 2/6.Somar Macek-DSC Lead Vac
S.Hat SM81 13.Bass DI 1 Dry XLR 21.Voc Bass Beta58 BOOM 3.Steve Fossen-DSL Bass,Voc Questions/Contact:
5.Rack SM98 14.Bass DI 2 EQ'd XLR 22.Vcc Gtr SL Beta58 BOOM 4.Chad Quist-DSL Gtr,Voc Elizabeth Elkins 615.202.9561
Trloor SM98 15.E Guitar SR XLR DSR 23.Spare Voc Beta 58 5.Mike Derosier-Riser Drums elizabethelkinsmgmt@gmall.com
S.Ride SM81 16.Ac Guitar SR XLR DSR 24.Ambient mic for IEMs
• Mics: Band carries its own wired vocal mics (Beta 58) but spares kept handy are appreciated.
• IEM: Band carries 3 (separate) Shure IEM systems (Lizzy/Somar/Chad.) They can be placed either at monitor
desk or anywhere on stage, stereo if possible or mono is ok.
• 2 Separate Mixes for Lead Vocal IEM + wedge.
• Provide a separate dedicated mic for MCs or announcers. Additionally, the band kindly asks that no one
on crew speak into the band's vocal microphones.
I
r
� Z,
J.
www.heartbvheart.com Contact: Elizabeth Elkins(615) 202-9561 elizabethelkinsmgmt@gmail.com Purchaser Initials /G
Page 4 of 9
HEART BY HEART - Patch List Nov 2023
STAG E
INSTRUMENT MIC/DI STAND/NOTES POSITION
1-Kick Beta 52 USC
2-Kick SM91 USC
3-Snare Top SM57 USC
4-Snare Bottom SM57 USC
5-Hat SM81 USC
6-Rack SM98 USC
7-Floor SM98 USC
8-Ride (Optional) SM81 USC
9-OH SL SM81 USC
10-OH SR SM81 USC
11-Keys DI (L) XLR ARTIST'S DI/AUDIO INTERFACE—STEREO DSR
12-Keys DI (R) XLR ARTIST'S DI/AUDIO INTERFACE—STEREO DSR
13-Bass DI #1 XLR ARTIST'S DI—DIRECT/DRY USCL
14-Bass DI #2 XLR ARTIST'S DI— PREAMP/EQ'D USCL
15-Guitar SR XLR ARTIST'S DI -GTR R PEDALBOARD (FRACTAQ DSCR
16-Acoustic Guitar SR DI XLR ARTIST'S DI -GTR R PEDALBOARD (FRACTAL) DSCR
17-Guitar SL SM57 USL
18-Voc Keys BETA 58 BOOM DSR
19-Voc Guitar R BETA 58 BOOM DSCR
20-Voc Lead BETA 58 or Wireless STRAIGHT DSC
21-Voc Bass BETA 58 BOOM DSCL
22-Voc Guitar L BETA 58 BOOM DSL
23-Spare Voc Lead BETA 58 COILED DOWNSTAGE CTR and MUTED DSC
24-House Ambient mic for
IEM mixes condenser DS
www.heartbvheart.com Contact: Elizabeth Elkins (615) 202-9561 elizabethelkinsmgmt@gmail.com Purchaser Initials
Page 5 of 9
HEART BY HEART Monitor Guide Aug 2023
Position Mix # Name Requests In Mix
Stage Right 1 (IEM) Lizzy SR GTR Voc
Guitar+Keys+vocal
KEYS Voc
AC. GTR
SR EL. GTR
KEYS
All other vocals low
DRUMS
BASS
SL EL. GTR low
Center 2/6 (IEM + Somar Lead Voc
Lead Vocal 2 wedges) "Summer")
SR GTR+Ke s vocals low
AC. GTR low
KEYS low
Nothing else unless asked for
Center Left 3 (wedge) Steve Bass voc
Bass+vocal
All other vocals low
AC. GTR low
KEYS low
Nothing else unless asked for
Stage Left 4 (IEM) Chad SL GTR Voc
Guitar+vocal
SL EL. GTR
AC. GTR
KEYS
SR EL. GTR
DRUMS
All other vocals low
Drums 5 (wedge) Mike SR EL. GTR
SL EL. GTR
AC. GTR
KEYS
NO VOCALS EVER
NO BASS EVER
www.heartbvheart.com Contact: Elizabeth Elkins (615) 202-9561 elizabethelkinsmgmt@gmail.com Purchaser Initials /G
Page 6 of 9
Heart By Heart - Additional Tech Requirements/Notes Aug 2023
It is extremely important that a drum riser be provided, as one of the main selling points of the
band is original Heart drummer Mike Derosier. If this is not possible please contact the band at
least 48 hours in advance to discuss options.
Please provide 6 separate monitor mixes. Two are for lead vocalist's separate IEM and wedge mixes.
Keys rig positioning is dependent on size/width of stage, if it is very small it may move to the backline
facing the drum riser (at band's discretion.) If possible, provide two wedges for lead vocal.
In most cases the band will supply its own vocal mics. Please provide backup vocal mics should there be
any problems. If there will be an MC or announcer, please arrange for them to have their own mic; they
are not to use any of the band's vocal mics.
Please ensure the stage is absolutely clear of cable and/or other clutter especially at the front
around/between wedges where Artist will be moving around. If it is necessary to run any cables across the
middle of the stage (up/down) they must be neatly gaffed down to avoid any trip hazards. Please supply
sturdy steps, with handrail if possible, for getting up and down the drum riser.
• Outdoor performance - N/A 1 a sM
On local shows (Pacific NW) where suitable, band provides a 20'x30' stage backdrop to be hung from
lighting truss behind drum riser. If backdrop is not used, logo/video projection should be arranged. SM
• BACKDROP: 30 x 20 ft. 73% textline blow-through scrim (seen in photo below left.) 112 IF
Downloadable files are available in advance at band website page:
https://www.heartbyheart.com/technical (there is a link to files on Google Drive) and band will also
have a drive with files day of show. All video content is formatted at 16:9. We are aware that
systems can vary - if yours is a different format please let us know well in advance so we can be
prepared. Please contact Lizzy Daymont (guitar/keys) (206) 412-8106
lizzv@lizzvdavmont.com for advancing the video projection.
HE�wAR
www.heartbyheart.com Contact: Elizabeth Elkins (615) 202-9561 elizabethelkinsmgmt@gmail.com Purchaser Initials /2 IF
Page 7 of 9
HEART BY HEART BACKLINE RIDER Band will provide backline. Nov 2023
(Where Applicable - Fly Dates/Outside of Pacific NW)
The band members are flexible. If there is a problem providing anything on this list, let us know what your best
substitution is and we'll get it worked out. Please do not substitute without contacting in advance, we don't
want to arrive at the show to find a piece of gear that does not work for our setup.
GUITAR AMPS I Stage Left/Right
Stage Left (Chad Quist)
• Mesa/Boogie Mark IV 1x12 combo or head+cabinet
• ALTERNATE if not available: Fender Hot Rod Deville 2x12 combo, Hot Rod Deluxe, Fender '65 Deluxe Reverb,
Vibrolux or Blues Deluxe combo. NO FENDER TWINS.
Stage Right (Lizzy Daymont)
• Fender Hot Rod Deluxe 1x12 or Hot Rod Deville 2x12 combo (MUST have FX loop/Power Amp In)
• ALTERNATE if not available: Mesa/Boogie Mark Series Combo or head+cabinet. NO VOX or MARSHALL.
BASS AMP I Stage Center Left (Steve Fossen)
Bass amp gear MUST be Ampeg brand, per Steve's endorsement agreement with Ampeg.
• Ampeg SVT all tube 300 watt amplifier
• Ampeg SVT 4x10 HLF (4 ohm) speaker cabinet
KEYBOARD I Stage Right (Lizzy Daymont)
• 88-key weighted action stage piano or workstation, to be used as MIDI controller. Must have functioning
standard MIDI 5 pin OUT. Brands order of preference: Roland, Kurzweil, Korg, Yamaha.
• keyboard sustain pedal
• Sturdy Tri-pod style Laptop Stand
• 1 heavy duty keyboard stand, adjustable to standing height (X-style double-braced, Z or Table Style ok)
DRUM KIT I Drum Riser (Michael Derosier)
There are no brand requirements on drums, hardware or cymbals but they must be professional quality, in
good repair and perfect working order. Please make sure that the equipment provided is appropriate to the
type of music Heart By Heart is performing (melodic hard rock).
Drums:
• 24" or 26" kick (solid front head, no hole)
• 12" or 13" rack tom (either stand or kick mounted)
• 16"floor tom (with legs)
• 14" snare (5" or 6.5" depth. Metal or wood)
Cymbals:
• 14" hi-hat
• 17" crash
• 19" crash
• 20" or 22" ride
Hardware:
• 2 single kick pedals (1 for back-up)
• 2 heavy duty snare stands (1 for back-up)
• 2 heavy duty hi hat stands 3-LEGGED w/long pull rod (1 for back-up) NO 2-LEGGED HH STANDS.
• 3 heavy duty boom cymbal stands w/all necessary felts, wing screws, etc.
• hardware to mount rack tom (stand or kick mounting arm)
1 heavy duty drum throne (round or saddle)
LEAD VOCAL I Stage Center (Somar Macek)
• 1 sturdy, straight microphone stand, round base
• Sturdy Tri-pod style Accessory Table or Laptop Stand (for holding beverages on stage during performance)
OTHER ITEMS
• 6 (SIX) heavy duty guitar stands - headstock-hanging style, prefer Hercules
• All necessary amp/speaker cables and channel footswitches
• An assortment of instrument cables in different lengths.
• 8'x8' carpeted and skirted drum riser. At least 18" high, WITH STAIRS & handrail to get up/down
• Backups available for all amps and keyboard
www.heartbvheart.com Contact: Elizabeth Elkins(615) 202-9561 elizabethelkinsmgmt@gmail.com Purchaser Initials lie F
Page 8 of 9
HEART BY HEART Travel, Marketing, Other Requirements Aug 2023
HOTEL: N/A /,,) S stic
SM
For all travel dates, Heart By Heart will need 5 single, non-smoking, king hotel rooms for up to 2 nights. These rooms
should be in a clean, comfortable, full service, national chain hotel. When at all possible, please choose a hotel with on
site restaurant and fitness center. This hotel should be as close to venue as possible.
GROUND TRANSPORTATION: N/A /2 S sM SM
For all fly dates, Heart By Heart will require ground transportation to and from airport, hotel and venue. This vehicle
must be large enough to comfortably accommodate 6 adults, luggage, equipment and instrument cases (full-size XL
SUV, passenger or Sprinter-type van with cargo area). Depending on circumstances, a ground transportation buyout
may be negotiable.
MEET AND GREET:
At most shows the band will come to the merch table (and/or lobby area) after the show to meet with fans and sign
autographs. Please have venue staff/security staff available to be present and assist in organizing people into one line
to expedite things.
DRESSING ROOMS:
Please have clean, secure, private, well-lit dressing room facilities for touring party of 5-8 people. The room must be
equipped with lights, at least four (4) electrical power outlets, heating/air conditioning, full length mirrors, seating for
5-8 people, access to private restrooms, and should be close to the immediate stage area if at all possible.
SECURITY:
Please provide sufficient security personnel to protect the audience, Artist, accompanying personnel, equipment and
Artists' property while present at the venue, and to prevent persons not authorized by Artists from being present
around or on the stage or anywhere backstage.
SM
OPENING ACTS: N/A 112 S SM
For headline shows, any opening acts must be approved by Heart By Heart in advance of confirmation. The band
prefers any openers to be limited to solo or duo acts. Heart By Heart kindly asks that no gear being used by Heart By
Heart be touched or moved after soundcheck. This includes pedals, keyboard rig, backline amps and drums.
Should any of Heart By Heart's gear absolutely require moving after sound check to accommodate an opening act, it
must be done so only with the express permission of the Heart By Heart band members. And it must be spiked and
re-placed EXACTLY as it was during soundcheck.
ARTIST BILLING AND MARKETING REQUIREMENTS:
Complete Artist name HEART BY HEART FEATURING STEVE FOSSEN & MICHAEL DEROSIER OF HEART must be
used IN FULL in all marketing and advertising materials, including but not limited to:
• Venue website event listings
• Ticket sales websites
• Printed (hard) tickets
• On site marquees
• Flyers, posters and handbills
• Seasonal programming listings for patrons
• Facebook/social media event listings and ads
• Publicity listing distributed to area media
• Printed event guides
• Email marketing
• Radio/TV advertising
While it is generally acceptable to refer to the band as "Heart By Heart", for marketing purposes it is very important to
include the qualifier of"FEATURING STEVE FOSSEN & MICHAEL DEROSIER OF HEART" in all top-level venue
event and ticket listings. This lends the artist further credibility with immediate name recognition by potential ticket
buyers. The band performs the music of the multi-platinum selling classic rock band HEART, featuring original
members who are Rock & Roll Hall Of Fame inductees.
Please ensure this stipulation is passed along to your marketing department. Additionally, while we
understand the desire to use the term "Heart Tribute" as it makes it easy for potential concert-goers to know what
they can expect at the show, please do not use this term in billing and advertising without also including the phrase
"Featuring Steve Fossen & Michael Derosier of Heart" in its entirety.
(continued next page) n
www.heartbvheart.com Contact: Elizabeth Elkins(615) 202-9561 elizabethelkinsmgmt@gmail.com Purchaser Initials /2 IF
Page 9 of 9
Optional accepted formatting:
HEART BY HEART (FEATURING STEVE FOSSEN & MICHAEL DEROSIER OF HEART)
HEART BY HEART
FEATURING STEVE FOSSEN & MICHAEL DEROSIER OF HEART
HEART BY HEART - WITH STEVE FOSSEN & MICHAEL DEROSIER OF HEART
HEART BY HEART (STEVE FOSSEN & MICHAEL DEROSIER OF HEART)
CONFIRMATION OF AGREEMENT:
By signing this section of the document, all parties agree to fulfill the terms of the rider. Each page must also
be initialed to prove the document has been examined by all parties.
Purchaser Name
Ronda Billerbeck, Cultural Programs Manager
Purchaser Signature
www.heartbvheart.com Contact: Elizabeth Elkins(615) 202-9561 elizabethelkinsmgmt@gmail.com Purchaser Initials
Exhibit B2
Contract#: 19266
Agent: James Leslie
Phone: (916)235-4538
DMMICn/a
TALENT INTERNATIONAL
THIS CONTRACT made on Wednesday,November 20,2024 between City of Kent,WA(herein referred as PURCHASER)and Heart By
Heart,LLC(herein referred as PRODUCER). Both parties are aware that Dynamic Talent International is acting as the agent between
both parties.
1. Artist: Heart By Heart
2. Engagement Venue: City of Kent,WA
Kent,WA
United States
3. Date of Engagement: Thursday,July 10,2025 No.Shows:One(1)
4. Schedule: Load In-Per Advance
Sound Check-Per Advance
Doors-Per Advance
6:30 pm �.mp l-Heart By Heart-Artist to play ONE 90-minute set
5. Billing: 100%Concert Series
6. Compensation: $4,000.00 USD Flat Guarantee
7. Merchandise: 100%All Merchandise(Artist sells)
8. Additional Provisions: Purchaser to provide hospitality in accordance with artist's specification
9. Radius Clause: Contractor shall not appear in general Seattle/Puget Sound market,including King,Pierce,
Snohomish and Kitsap Counties,within two-months before or after our show with the exception of
venues previously discussed and mutually agreed upon
10. Event Contacts: Primary Contact Marketing
Ronda Billerbeck Ronda Billerbeck
Email:rbillerbeck@kentwa.gov Email:rbillerbeck@kentwa.gov
Contract Handler Production
Ronda Billerbeck Dan Mortensen
Email:rbillerbeck@kentwa.gov Email:dan@dansound.net
Day of Show
Ronda Billerbeck
Email:rbillerbeck@kentwa.gov
11. Buyer Signed Contract: Buyer signed contract and rider due to Dynamic Talent International no later than
Wednesday,November 27,2024
PO BOX 279727,Sacramento,CA 95827•916-218-6100•www.dynamictalentint.com Page 1 of 4
Contract#: 19266
12. Tickets: Tier Quantity- Comps/Kills Ticket Price Total
FEST PRICING 0
Totals -
Gross Potential:
Net Potential:
13. Deposits: All payments shall be paid by PURCHASER in United States Dollar(unless otherwise mentioned)by
ACH
Due Date Amount
5/10/2025 $2,000.00
14. Deposit Remittance: CHECKS: BANK WIRE INFO:
Dynamic Talent International Dynamic Talent International
PO BOX 279727 PO Box 279727
Sacramento,CA 95827 Sacramento,CA 95827
state of origin:California
account#39806002660
Routing#323371076
Swift for USD: BNNEUS66XXX
This engagement is not to be advertised or publicized in any manner or form until this contract is fully processed and signed by both
parties or with out written approval from Artist Management or Dynamic Talent International.This contract may become void if
Purchaser fails to sign and return s ame within fourteen(14)days of date issued.
We acknowledge and confirm that we have read and approved the terms and conditions set forth in this contract. Riders attached
hereto are he reby made a part hereof.
By: x By: x
SIGNATURE OF PURCHASER SIGNATURE OF ARTIST
Lori Hogan Somar Macek
Email:Ihogan@kentwa.gov Heart By Heart,LLC
PO BOX 82501
Kenmore,WA 98028
206-228-8188
heartbyheartband@gmail.com
PO BOX 279727,Sacramento,CA 95827•916-218-6100•www.dynamictalentint.com Page 2 of 4
Contract#: 19266
ADDITIONAL TERMS AND CONDITIONS
1.PURCHASER will first apply any and all receipts received from the performance to payment required hereunder.All payments must be in full without any
deductions whatsoever.PURCHASER will advise PRODUCER or PRODUCER's agent immediately upon request of the admissions prices for the performance.
2.If the payment to the PRODUCER is based in whole or in part on receipts of the performance(s)hereunder,PURCHASER agrees to deliver to PRODUCER a
certified statement of the gross receipts of each performance within(2)hours of such performance.If the payment of PRODUCER's share of performance
receipts is based in whole or in part on expenses related to the engagement,PURCHASER shall verify with paid receipts,cancelled checks or other
documentation of all expenses or they will not be included as expenses of the engagement.PRODUCER shall have the right to have representation present in
the box office at all times.Such representative shall have access to the box office records of PURCHASER relating to gross receipts of this engagement only.
3.PURCHASER will furnish and pay for all its own expense(s)necessary for the proper presentation of the performance on the date and time
of the above-mentioned performance.This includes without limitation(a)suitable theater,hall or auditorium,well-heated,ventilated,lighted,clean,and in good
order,curtains,properly tuned grand piano(s)and public address system in perfect working condition including microphone(s)in quantity and numbers
required by PRODUCER,dressing rooms,all needed electricians and stage hands,all lighting,tickets,house programs,all licenses(including musical
performing rights licenses),special police,ushers,ticket sellers,ticket takers,appropriate and sufficient advertising in the primary newspapers;(b)all music
royalties connected with PRODUCER's use of music,and additionally the cost of any musicians(including Contractor)other than those furnished by
PRODUCER as part of the PRODUCER's regular company;(c)all amusement taxes;(d)if PRODUCER requires,all needed facilities,electricians,stage hands and
other personnel for lighting and dress rehearsals;and(e)all other items and personnel(including but not limited to any and all personnel,including musicians,
as required by any national or local union(s)required for the proper presentation of the entertainment presentation hereunder and any rehearsals therefore,
except those items and personnel which PRODUCER herein specifically agrees to furnish.PRODUCER has the right to rename the local music contractor and to
approve the local musicians hired.
4.In the event of sickness or of accident to PRODUCER,or if a performance is prevented,rendered impossible or infeasible by any act or regulation of any
public authority or bureau,civil tumult,strike,epidemic,interruption in or delay of transportation services,war conditions or emergencies or any other similar or
dissimilar cause beyond the control of PRODUCER,it is understood and agreed there shall be no claim for damages by PURCHASER and PRODUCER's
obligations as to such performances shall be waived.In the event of non-performance for any of the above-stated reasons,if ARTISIT is ready,willing and able
to perform,PURCHASER shall pay full compensation hereunder,otherwise,the monies(if any)advanced to PRODUCER hereunder,shall be returned on a pro-
rata basis.
5.Inclement weather rendering performances impossible,infeasible or unsafe shall not be deemed a force majeure event and payment of the agreed upon
compensation shall be made notwithstanding.If PURCHASER and PRODUCER disagree as to whether rendition of the agreed upon compensation shall be
made notwithstanding.If PURCHASER and PRODUCER disagree as to whether rendition of performance(s)is impossible,not feasible or unsafe because of
inclement weather,PRODUCER's determination as to performance shall prevail.
6.In the event PURCHASER refuses or neglects to provide any of the items or to perform any of its obligations herein stated,and/or fails to make any of the
payments as provided herein,PRODUCER shall have the right to refuse to perform the contract,shall retain any amounts theretofore paid to PRODUCER by
PURCHASER,and PURCHASER shall remain liable to PRODUCER for the agreed price herein set forth.In addition,if,on or before the date of any scheduled
performance,PURCHASER has failed,neglected,or has been impaired or is in PRODUCER's opinion unsatisfactory,PRODUCER shall have the right to demand
the payment of the guaranteed compensation forthwith.If PURCHASER fails or refuses to make such payment forthwith,PRODUCER shall have the right to
cancel this engagement by notice to PURCHASER to that effect,and to retain any amounts theretofore paid to PRODUCER by PURCHASER and PURCHASER
shall remain liable to PRODUCER for the agreed price herein and forth.
7.The entertainment presentation to be furnished by PRODUCER hereunder shall receive billing in such order,form,size and prominence as directed by
PRODUCER in all advertising and publicity issued by or under the control of the PURCHASER.PRODUCER's name or likeness may not be used as an
endorsement or indication of use of any product or service nor in connection with any corporate sponsorship or tie-up,commercial tie-up or merchandising
without PRODUCER's prior written consent.
8.PURCHASER shall not itself,nor shall it permit others to record,broadcast or televise,photograph or otherwise reproduce the visual and/or audio
performances hereunder,or any part thereof.
9.PRODUCER shall have the exclusive right to sell souvenir programs,ballet books,photographs,records and any and all types of merchandise including,but
not limited to,articles of clothing(i.e.T-shirts,hats,etc.),posters,stickers,etc.on the premises of the place(s)of performance without any participation in the
proceeds by PURCHASER subject,however,to concessionaire's requirements,if any.
10.Unless stipulated to the contrary in writing,PURCHASER agrees that PRODUCER many cancel the engagement hereunder without liability by giving the
PURCHASER notice thereof at least thirty(30)days prior to the commencement date of the engagement hereunder.PRODUCER shall also have the right to
terminate this agreement without liability in the event PURCHASER fails to sign and return this Contract within 10 days.
11.PRODUCER shall have exclusive control over the production,presentation and performance of the engagement hereunder,including,but not limited to,the
details,means and methods employed in fulfilling each obligation of PRODUCER hereunder in all respects.PRODUCER shall have the sole right,as PRODUCER
may see fit,to designate and change at any time the performing personnel other than the PRODUCER(s)specifically named herein.
12.PURCHASER agrees(a)to comply promptly with PRODUCER's directions as to stage settings for the performance hereunder,(b)that no performers other
than those to be furnished by PRODUCER hereunder will appear on or in connection with the engagement hereunder,(c)that no stage seats are to be sold or
used without PRODUCER's prior written consent,and(d)that the entertainment presentation will not be included in a subscription or other type of series
without the written consent of PRODUCER.
13.Unless stipulated to the contrary in this Agreement,Purchaser agrees that Producer may cancel the Engagement hereunder without liability by giving the
Purchaser notice thereof at least thirty(30)days prior to the commencement date of the Engagement hereunder.If performance is canceled with in 30 days of
show date a 50°i cancelation fee of the full guarantee is due on or before purchaser can fully cancel.
14.It is agreed that PRODUCER signs this contract as an independent contractor and not as an employee.This contract shall not,in any way be construed so
as to create a partnership,or any kind of joint undertaking or venture between the parties hereto,nor make provisions hereof or otherwise.
15.Nothing in this Agreement shall require the commission of any act contrary to law or to any rules or regulations of any union,guild or similar body having
jurisdiction over the services and personnel to be furnished by PRODUCER to PURCHASER hereunder.If there is any conflict between any provisions of this
Agreement and any 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.PURCHASER agrees to comply with all regulations and requirements of any union(s)that may have jurisdiction over any
of the said materials,facilities,and personnel to be furnished by PURCHASER.
PO BOX 279727,Sacramento,CA 95827•916-218-6100•www.dynamictalentint.com Page 3 of 4
Contract#: 19266
16.In the event of any inconsistency between the provisions of this contract and the provisions of any riders,addenda,exhibits or any other attachments
hereto,the parties agree that the provisions most favorable to PRODUCER and PRODUCER shall control.
17.PURCHASER hereby indemnifies and holds PRODUCER,as well as their respective agents,representatives,principals,employees,officers and directors,
harmless from and against any loss,damage or expense,including reasonable attorney's fees,incurred or suffered by or threatened against PRODUCER or any
of the foregoing in connection with or as a result of any claim for personal injury or property damage or otherwise brought by or on behalf of any third party
person,form or corporation as a result of or in connection with the engagement,which claim does not result from the active negligence of the PRODUCER.
18.Dynamic Talent International acts herein only as agent for PRODUCER and is not responsible for any act of commission or omission on the part of
PRODUCER or PURCHASER.In furtherance thereof and for the benefit of Dynamic Talent International,it is agreed that neither PURCHASER nor PRODUCER will
name or join Dynamic Talent International as a party in any civil action or suit arising out of,in connection with,or related to any act(s)of commission or
omission of PURCHASER or PRODUCER.
19.This contract(a)cannot be assigned or transferred without the written consent of PRODUCER,(b)contains the sole and complete understanding of the
parties hereto and(c)may not be amended,supplemented,varied or discharged,except by an instrument in writing signed by both parties.The validity,
construction and effect of this contract shall be governed by the laws of the State of Oregon,regardless of the place of performance.THE PERSON
EXECUTING THIS AGREEMENT ON PURCHASER'S BEHALF WARRANTS HIS/HER AUTHORITY TO DO SO,AND SUCH PERSON HEREBY PERSONALLY ASSUMES
LIABILITY FOR THE PAYMENT OF SAID PRICE IN FULL.The terms"PRODUCER"and"PURCHASER"as used herein shall include and apply to the singular,the
plural and to all genders.
20.Force Majeure
a.A"Force Majeure Event"is defined as one or more of the following causes which renders performance impossible,impracticable,or unsafe:death,illness or
injury to Producer or member of Producer's immediate family,any of Producer's musicians,or any of PRODUCER's key personnel;theft,loss,destruction,or
breakdown of instruments or equipment owned or leased by PRODUCER;fire;threat(s)or act(s)of terrorism;riot(s)or other form(s)of civil disorder in,around,
or near the Performance(s)venue;strike,lockout or other forms of labor difficulties;any act,order,or relation of any court,government agency or public
authority;act of God;absence of power or other essential services;failure of technical facilities;failure or delay of transportation not within PRODUCER's
reasonable control;inclement weather;and/or any similar or dissimilar cause beyond PRODUCER's or PURCHASER's reasonable control.
b.If a Force Majeure Event occurs,the parties'respective obligations hereunder will be excused fully,without any additional obligation,subject to the
provisions of Section 20(c)below,and each of the parties shall bear its own costs incurred in connection with this Agreement.
c.Notwithstanding the foregoing,if Producer is ready and willing to perform,PURCHASER will pay PRODUCER the full amount of the guarantee set forth in this
Agreement.Under no circumstances will Producer be liable to Purchaser or any third party in contract,tort,or otherwise,for any indirect,incidental,special,
consequential,punitive,exemplary,or similar damages that result from the parties'performance or non performance hereunder,including but not limited to
loss of revenue or lost profits,even if Producer has been advised of the possibility of such damages.
PO BOX 279727,Sacramento,CA 95827•916-218-6100•www.dynamictalentint.com Page 4 of 4
Signature• Christine Br00i�S
Christine Brooks(Dec 5,202411:31 PST)
Email: cityclerk@kentwa.gov
RCULT- 120324-HeartByHeartSummerConcertS
eries
Final Audit Report 2024-12-05
Created: 2024-12-04
By: Ronda D Billerbeck(rbillerbeck@kentwa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAv8cglbjyMfOtTkv54Ud4br0EJjwS5000
"RCULT-120324-HeartByHeartSummerConcertSeries" History
Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov)
2024-12-04-0:10:53 AM GMT
Document emailed to Lori Hogan (Ihogan@kentwa.gov)for signature
2024-12-04-0:16:27 AM GMT
Email viewed by Lori Hogan (Ihogan@kentwa.gov)
2024-12-04-4:44:45 PM GMT
Document e-signed by Lori Hogan (Ihogan@kentwa.gov)
Signature Date:2024-12-04-4:47:15 PM GMT-Time Source:server
Document emailed to adam.easterling@dynamictalent.com for signature
2024-12-04-4:47:21 PM GMT
Email viewed by adam.easterling@dynamictalent.com
2024-12-04-9:59:25 PM GMT
Document signing delegated to Elizabeth Elkins (elizabethelkinsmgmt@gmail.com) by
adam.easterling@dynamictalent.com
2024-12-04-10:01:14 PM GMT
Document emailed to Elizabeth Elkins (elizabethelkinsmgmt@gmail.com) for signature
2024-12-04-10:01:14 PM GMT
Email viewed by Elizabeth Elkins (elizabethelkinsmgmt@gmail.com)
2024-12-05-6:55:53 PM GMT
Document signing delegated to Somar Macek (heartbyheartband@gmail.com) by Elizabeth Elkins
(elizabethelkinsmgmt@gmail.com)
2024-12-05-6:56:53 PM GMT
Adobe Acrobat Sign
Document emailed to Somar Macek (heartbyheartband@gmail.com)for signature
2024-12-05-6:56:54 PM GMT
Email viewed by Somar Macek (heartbyheartband@gmail.com)
2024-12-05-6:57:34 PM GMT
Document e-signed by Somar Macek(heartbyheartband@gmail.com)
Signature Date:2024-12-05-7:02:27 PM GMT-Time Source:server
Document emailed to Kim Komoto (kkomoto@kentwa.gov)for signature
2024-12-05-7:02:28 PM GMT
Email viewed by Kim Komoto (kkomoto@kentwa.gov)
2024-12-05-7:26:50 PM GMT
d4 Document e-signed by Kim Komoto (kkomoto@kentwa.gov)
Signature Date:2024-12-05-7:27:18 PM GMT-Time Source:server
Document emailed to cityclerk@kentwa.gov for signature
2024-12-05-7:27:21 PM GMT
Email viewed by cityclerk@kentwa.gov
2024-12-05-7:29:54 PM GMT
Signer cityclerk@kentwa.gov entered name at signing as Christine Brooks
2024-12-05-7:31:02 PM GMT
Document e-signed by Christine Brooks (cityclerk@kentwa.gov)
Signature Date:2024-12-05-7:31:04 PM GMT-Time Source:server
Agreement completed.
2024-12-05-7:31:04 PM GMT
Adobe Acrobat Sign