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HomeMy WebLinkAboutC36280 A-E 2017 Fall Concert Series CITY OF PALM DESERT Y SPECIAL PROGRAMS DEPARTMENT CONTRACT NO. C.36280A-E STAFF REPORT REQUEST:. APPROVAL OF PALM DESERTS 2017 FALL CONCERT SERIES SUBMITTED.BY: Amy Lawrence, Management Analyst DATE: JULY 13, 2017 CONTENTS: Standard Performing Arts Contract Performance Agreement with The Kurland Agency Recommendation By Minute Motion, approve the following_ 1. 2017 FALL Concert Series schedule; 2,, Contract No. c36280A with Gary Grantham d,b.a..The Long Run In the amount of $4,050.00; 3. Contract No. c3680B with. The Dustbowl Revival, LLC in the amount of $4,500.00; 4. Performance Agreement No,.c362R0c with The Kurland Agency in conjunction with the Dustbowl Revival performance; .5.. Contract No.• c36280n with Carl Nelson, a resident of :Mission Viejo in the amount of$1,550.00; 6.. Contract No. c36280E with Downbeat LA:, LLC.in the amount of 3,500,00; 7. Authorize the Mayor to execute subject contracts;' 8. Authorize miscellaneous expenditures in an amount to not exceed $18,400.00 for. production of the 2017 Fall Concert Series; and 8. Authorize City Manager to make changes to lineup and performers, irf necessary, Funds are available in Account No. 1104416-4306101. Strategic Plan Objective Approval of Palm Desert's 2017 Fall Concert Series would help address the following priorities as. specified in the Clty's 2013-2033 Strategic Plan, Envision Palm Desert — Forward Together: — Economic. Development Priority 3: Create and attract entertainment and events to enhance and expand the Palm Desert economy and lifestyle.. — Tourism and Marketing Priority 2: Grow existing events and develop new events to enhance the desirability of Palm Desert as a year round destination, STAFF REPORT 2017 FALL CONCERT SERIES JULY13, 2017 PAGE 2 Discussion Over the last several years, Palm Deserts Fall Concert Series has become a welt-attended and anticipated event. This season's proposed lineup includes one of the finest Eagles tribute bands in the world, a well-known American Roots Orchestra, an eclectic yacht rock band covering soft rock hits from the 70's and 80's, and a group of young musicians performing a variety of Motown, R&B, and pop favorites. Outlined below Is the proposed schedule including dates and designated performers. All performances will start at 6 p.m. (sunset) and end at 7:30 p.m. • Thursday, October 5, 2017 —The Long Run (Eagles Tribute) • Thursday, October 12, 2017 —The Dustbowl Revival (Americana/Roots) • Thursday, October fig, 017.—Yachty by Nature (70's and 80's Soft Rock) • Thursday, October 26, 2017 —AMFM (R&B/Pop) In addition, staff is requesting approval of miscellaneous expenditures in an amount not to exceed 18,400.00 for sound and lighting, event insurance, radio advertising and remotes, food truck guarantees, heath department permit, printing of promotional rack cards and posters, and other incidental costs associated with production of the series. Staff is also requesting authorization for the City Manager to.make changes to the series lineup and/or performers, if necessary, Fiscal Analysis Staff Is pleased to report that the Desert Recreation District generously contributed.$10,000 for the City's 2017/18 concerts in the park: In addition,.funding for the concert series was included as part of the FY 2017/18 budget. Funds are available in Account No. '#10441 - 4306101. Sub 'tied By Amy Law n a, Management Analyst Reviewed: i Frankie R dle, Director of Special Programs Moore, Director of.Finance Approved: } LezrariAylaian,.CityManager PERFORMING ARTS AGREEMENT No. This Agreement is entered into this _ day of , 20'16, by and between the CITY OF PALM DESERT, a California municipal corporation, hereinafter referred to as "CITY," and (name and type of legal entity—LLC, inc, a resident of), hereinafter referred to as "ARTIST", which includes any person(s) necessary to perform the services outlined in this Agreement. RECITALS: 1. The CITY owns and operates the Palm Desert Hahn Amphitheater, an outdoor amphitheater located 1n the Palm Desert Civic Center (hereinafter "THEATER"). 2. The CITY desires to engage the ARTIST to render a live performance at the THEATER of the nature set forth in Exhibit A attached hereto and incorporated herein by this reference (hereinafter "PERFORMANCE"). 3. The'CITY desires the ARTIST to render PERFORMANCE on the dates and times described in Exhibit B attached hereto and Incorporated herein by this reference. 4. The ARTIST is willing and able to render the PERFORMANCE on the desired dates and times in exchange for compensation by the CITY in the amount and on the payment schedule set forth in Exhibit C attached hereto and incorporated herein by this reference. TERMS AND CONDITIONS: In consideration of the foregoing recitals, the parties hereto agree as follows: 1. Performance 1 Contract No. The ARTIST agrees to render the PERFORMANCE to the best of Its abilities on the dates and times prescribed by Exhibit B attached hereto. The ARTIST shall not perform under the influence of alcohol or any unlawful narcotic, nor-shall the ARTIST engage in behavior during the PERFORMANCE that would be considered racist, sexist, obscene, or otherwise offensive by reasonable audience members attending the PERFORMANCE. ARTIST' s failure to perform in accordance with this Section shall be deemed material breach ofthis Agreement. 2. 'Lighting, Sound Amplification and Other_Equipment The CITY will provide lighting, sound amplification, and other technical equipment.related to sound and lighting for theiPERFORMANOE as:described ii Exhibit D, attached hereto and incorporated herein by the reference. ARTIST shall be responsible for safely providing, erecting, operating, and dismantling, at its own expense, all instruments and additional equipment not described in Exhibit DthatIs necessary to,properly effectuate the PERFORMANCE. 3. Technical Personnel and Set-Up In addition'to any artistic personnel necessary to the PERFORMANCE; the ARTIST shall provide, at its own expense, all backstage and technical personnel necessary to effectuate the PERFORMANCE, including but not limited to stage hands and such personnel as may be necessary,to set up and test any equipment that will be used during the PERFORMANCE. ARTIST's personnel shall use their bestefforts to ensure that any such advance set-up and testing is safely completed at least one hour prior to the scheduled PERFORMANCE time. 4. Make-Up and Costumes t Contract No. The ARTIST shall be responsible for providing, at its own expense, any costumes and make-upnecessary to the PERFORMANCE. 5. Dressing and Storage'Rooms The ARTIST understands and acknowledges that no private dressing'morns or other storage rooms will be available or provided by the CITY in connection with the PERFORMANCE (unless described in Exhibit B attached hereto). However,the CITY shall provide ARTIST with non-exclusive access to apublic rest room at or in the vicinity of the THEATER. 6. Compensation In exchange for the ARTIST' S PERFORMANCE ;In accordance with this Agreement, the CITY agrees to compensate the ARTIST in the manner described in Exhibitt attached hereto.. Any and all booking fees charged by an outside booking agency are to be paid for by the ARTIST* • 7. Business License The ARTIST shall obtain a City of Palm Desert Daily.Business License for the fee of $26.00, no later than 30 days prior to PERFORMANCE. S. Promotion The CITY Is authorized to engage In any.and all reasonable activities related to promotion of the PERFORMANCE without.payment of additional fee, royalty or commission to ARTIST. Said promotional activities may.include,'butare not limited to, use of.newspaper, radio and television advertisements featuring the ARTIST' s photograph or likeness and brief examples of the ARTIST' s work taken from video or audio recordings,. CITY shall refer all inquiries regarding persona! appearances and interviews of the ARTIST to the ARTIST'a appointed agent 3 Contract No. 9. Illness, Injury or Death of ARTIST In the event the ARTIST'S PERFORMANCE is rendered impractical or infeasible due to serious injury, illness or.death.of the ARTIST, actual threats of imminent bodily harm to ARTIST if PERFORMANCE is rendered, or unexpected family emergency, then the ARTIST may cancel the PERFORMANCE without breaching this Agreement. However, no compensation shall, be owing to the ARTIST. The ARTIST'shall make every effort to notify the CITY by telephone, facsimile,.or telegram of such pending cancellation as soon as reasonably possible. An injury or illness shall be considered serious if, in the opinion of a qualified physician, the condition is immobilizing or in any way poses a significant threat to the life and health of the ARTIST. A family emergency shall consist of a sudden and unexpected hospitalization or death of any immediate family. member or any unanticipated occurrence beyond the ARTIST' s control threatening the health or life of an immediate family member that requires the ARTIST' s personal presence on the date and time of the PERFORMANCE. 10. Assignment by ARTIST The.parties hereto stipulate that the'ARTIST'.s services are personal in nature: andlor unique, thus the ARTIST may not assign or,substitute its PERFORMANCE of. this Agreement with any other artist or party absent the CITY' s express consent in writing. The CITY shall be under no obligation to consent to any proposed assignment or other substitution by the ARTIST. However if the CITY does consent, then the ARTIST' failure to personally' perform: the services required by the Agreement shall not constitute a breach thereof. 11, Independent Contractor 4 Contract No. All of the services required- hereunder shall be performed by..ARTIST- personally and/or by ARTIST's agent and employees, who shall remain at all times under ARTIST' s direct control and supervision. it is the parties intent that the ARTIST shall remain at all times an independent contractor of the CITY and not its, employee or agent, 12. Termination The CITY reserves,the :right to terminate this Agreement for r any reason, provided it gives' ARTIST at least fourteen (14) days_ written notice.;of such. termination prior-to the scheduled date of the PERFORMANCE. Said notices shall be deemed to be.given as of the date it Is postmarked. The CITY shall also use its best efforts to notify the ARTIST by.telephone of any pending termination as soon as reasonably possible. In the event of termination pursuant to this Section, the CITY shall not be in breach and no compensation shall be owing to the ARTIST. 13. Legal Compliance The ARTIST and its agents, officers, and employees shall comply.with.all federal, state, and local laws and regulations applicable to the services being provided pursuant to this Agreement, including, but not limited to,any requirements under the American Society of. omposers, Authors, and Publishers or under any other copyright law and/or licensing agreements. 14. Indemnification and Hold Harmless The ARTIST shall Indemnify and hold the CITY, its officers and employees,free and harmless from any liability, loss, cost or expense resulting from any injury.or damage to any person caused by ARTIST, its agents or employees,while-engaged in' the PERFORMANCE of this Agreement as described in Exhibit B. Prior to the 5 Contract No. PERFORMANCE, each performer and/or crew member associated with the PERFORMANCE must sign the City of Palm Desert Artist Waiver, Release, Hold Harmless, & Agreement Not to Sue, as.described in Exhibit E attached hereto and incorporated herein by this reference. 15. Insurance The ARTIST fully assumes all of the following risks: A. lnjury,to itself and to its agents or employees arising out of their performance of this Agreement. 'B. Damage to or theft of any personal property or equipment owned by 'or under the control of ARTIST, its agents, volunteers and employees. 16. Liquidated Damages The parties hereto state that it would be difficult, if not impossible;to calculate with Precision the amount of damages that the.CITY would suffer in the event the: ARTIST were to breach this Agreement by nonperformance or late performance. Thus, the,partles hereto stipulate that in the event the ARTIST is not ready, willing and able to perform on the date arid time specified by ;Exhibit B, and the PERFORMANCE has not otherwise been canceled pursuant to this Agreement,then the ITY's damages shall be fixed as follows: A. Late Performance: The CITY's estimated damages for late performance shall be $300 for every.15 minute delay in commencement of the PERFORMANCE caused by the ARTIST; Such damages may be deducted by the CITY from any compensation owing to the ARTIST: Any delay.in commencement of the PERFORMANCE caused' by the 6 Contract No. ARTIST exceeding one hour shall be deemed a nonperformance and material breach of this Agreement, unless expressly waived by the CITY. B. Nonperformance: No compensation shall be due in the event of any nonperformance by the ARTIST constituting a material breach of this Agreement. In addition, the CITY' s estimated damages for a nonperformance shall be $5,000, This Section:shall not prevent either party from recovering compensatory damages for breaches of this'Agreement due to causes other than the ARTIST' s late performance or nonperformance. 17. Attorney's Fees Should any action or proceeding be brought to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. 18. Modification No modification of this Agreement shall be valid unless agreed to In writing by both the CITY and ARTIST. 19. Prohibited interests The ARTIST represents that neither it nor any of its agents or employees is currently an officer or employee of the CITY.. '20. Force Majeure Any delay or failure in the Performance•by either Party hereunder shall be excused if and to the extent caused by the occurrence of a:Force Majeure. For purposes of this Agreement, Force Majeure.shall mean a cause or event that is 7 Contract No. beyond.the reasonable control of the Party claiming Force Majeure;'including,:but 'not limited to, acts_of dad, fires, floods,'rain, heavy.winds, earthquake, explosions, •riots, wars, sabotage. terrorism; vandalism. :accident, restraint of government, governmental acts, injunctions, destruction of the premises, and other.like events that are beyond the reasonable anticipation and control of the Party affected thereby, despite such Party's reasonable efforts to prevent,avoid,delay, or mitigate the effect of such acts, events or occurrences,•and which events or the effects thereof are not attributable to a Party's failure to,perform its obligations:under this Agreement. in the case of a Force Majeure event, this Agreement shall'be extended to a mutually agreed upon date within a year of the original performance date. If no future date can be reasonably agreed upon, this Agreement.,shall be null and void. 8 Contract No. EXCUTION: The undersigned represent that they are authorized to execute this Agreement on behalf of the parties hereto on whose behalf they purport to sign. This Agreement shall be deemed executed on,the date first above written. CITY OF PALM.DESERT [ARTIST] JAN D. HARNIK, MAYOR (Signature: must be notarized) ATTEST: (Printed Name) RACHELLE D. KLASSEN, CITY CLERK APPROVED AS TO FORM: ROBERT W. H AR R EAVES CITY ATTORNEY 9 Contract No. PERFORMING ARTS A► REEMENT EXHIBIT A EVENT: NAME OF ARTIST: DESCRIPTION: LOCATION 10 PERFORMING ARTS AGREEMENT No. EXHIBIT B DATE: START TIME: END TIME: ARTIST must arrive, at'least, one hour prior to PERFORMANCE for sound check and coordination with sound and lighting technicians.ARTIST must be set up and ready to:begin PERFORMANCE no later than -The PERFORMANCE must conclude promptly at •. ARTIST is entitled to one five minute break between sets, if necessary. ARTIST shall submit a song list four weeks prior to the PERFORMANCE. CITY shall review song Ilst and submit changes at a minimum of one week prior to PERFORMANCE. 11 Contract No. PERFORMING ARTS AGREEMENT EXHIBIT C Compensation of$ to be paid at conclusion of PERFORMANCE. ARTIST is to submit an invoice to the CITY no later than 30 days prior to the PERFORMANCE. ARTIST shall obtain a City of Palm Desert Dairy Business License for the fee of $26.00 no later than 30 days prior to the performance. Payment to ARTIST shall occur at the end of PERFORMANCE on the night of the event. Any payment due to outside booking agencies shall be paid by the ARTIST. NOTE: Not obtaining the Daily Business.License in a timely manner will result in delay of payment. 1 Contract No. PERFORMING ARTS AGREEMENT EXHIBIT D Lighting, sound amplification, and other technical equipment related to sound and lighting for the PERFORMANCE shall be provided by Studio Instrument Rentals (SIR) of Palm Springs. 13 EXHIBIT E Contract No. CITY OF PALM DESERT— PERFORMING ARTS AGREEMENT ARTIST WAIVER, RELEASE, HOLD HARMLESS & AGREEMENT.NOT TO SUE I, (FULL NAME)acknowledge that I have agreed to participate as a Performer or Crew Member and assume all risks and hazards incidental to my participation in the City of Palm Desert's Spring and Fall Concert Series (hereinafter °Event!). I AM AWARE THAT THESE ACTIVITIES ARE POTENTIALLY HAZARDOUS AND THAT I COULD BE SERIOUSLY INJURED OR EVEN KILLED. I AM, VOLUNTARILY PARTICIPATING IN THE' EVENT WITH: THE KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ASSUME ANY AND ALL RISKS OF PROPERTY DAMAGE, BODILY INJURY, OR DEATH WHETHER SUCH RISKS ARE KNOWN OR UNKNOWN. I hereby release, discharge and agree not.to sue the'City of.Palm Desert,. the Desert Recreation District,and their respective officers, officials, directors, employees,'volunteers, and agents for any injury, death, or damage to or loss of personal property arising out of, or In connection with, my participation in the Event from whatever cause, including the active or' passive negligence of the City of Palm Desert and Desert Recreation District,:or any other participants in the Event. The parties to this agreement understand that this document is not intended to release any party from any act or omission of'gross negligence," as that term is used in applicable case law'andlor.statutory provision. In consideration for being permitted to participate in the Event, I hereby agree, for myself, my heirs, spouse, administrators, executors and assigns, that I shall indemnify and hold harmless the City of Palm Desert and Desert Recreation District from any and all claims, demands, actions, or suits arising out of, or in connection with, my,'participati6n in the Event. I HAVE CAREFULLY READ THIS RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND SIGN IT ON MY OWN FREE WILL. ARTIST PARTICIPANT SIGNATURE DATE. If under 18 years of age: .PARENT OR GUARDIAN SIGNATURE DATE 14 CONTRACT NO. C36280C `'p �'� GO�ITTtACT#=43T}10 Lu R LA�I Q 4lJj AGENT: Jack Randall 0 E R C EMAIL;fackihekurlandagency.corn PERFORMANCE AGREEMENT wtHenQVer the term,"tlie Local Urian' is used in this Contract, it shall mean the LiticoF Union of the FederaGOt vviUl jurisdiction over the territory ini,vhich the engagement Wvetell by this Contract is to be performed, The Kurland Agency acts only as an agent for Atis.t and assumes no liability hereuid6r. This Contract for the pers+en01 servlees of musicians on the engagement described below between the • undersigned purchaser of music{herein called "Purchaser')and the undersigned musician(s)or cornpany (Herein called'Arlisf Is made ,• this 28th day of June 2017. - ?.O;.h :5 r 7. ¢y4 ' : ',.}; .:�0 ,. - '! ,'...:{ ",. .y.'.', .a•`tir ., •y�,�Y. y ' ARTIST;The D+.rslb'owl Revival VEr1UE; City of Palm desert U ILLING:The Duatbawl Revival(100%) ADDRESS;73 id Fred Waring Dr CITY I STATE:Palm Desert, CA -.+,' .,4"..',` --, ..,..., r -,-•- {'.'n: - -.-w; .- . s':;r,.,..-, .,. ... . -". .. '3 ENGAGE E; E• ISM ar' '; y '4;- ass. _ • : k':,..'' E41 AI +4TI.f r.f, r .f'..,. sf '4 .. KE7• F .r : ` ';`''r a DATE;Thu, October 12, 2017 TICKET SCALE;TBD START TlME(S): 8:0013M CAPACITY; T50 SET LENGTH(S):Nlrraty( 0)minutes GROSS POTENTIAL:TBd NUMBER OF SHOWS; T ,' lr ,�y }' .Sy' y'''{r. f' {': ;'.:' :? r......-..'.: ,.,.: ,."f:.y, Mh }'' ± • 'G F44PI $V T�. ''': :'•• w, '° •- 'k J =\#' y .:.:.:.:': " }. 'ti:'''':' k"µ...... 1:!1.'}:'r :,{f'.0 }{t.f....'; • ... r.�'�r,•r. . r4 4!�•- . . _f'••..�'' .. s .G4 xA _.. .. ?'��::k'l. ; . :�;.,{:_' . 'err 44,50040 USD FLAT GUARANTEE, PURCHASER TO ADDITIONALLY PROVIDE:. SOUND AND LIGHTS;Profeselon l sound and rights(subject to arlJst'B approval) F-OTEL; NIA TRANSPORTA-RON: NA BACKLINE;NIA HOSPITALITY_'Per artlst rider .l_. --;:. • ? .•?4•�{'ti?�; : �� zr.;�. i' . ..— . •v.-..�.. -+ {• -:;.. 4 F6PAYNMA *O lt''l." 6 •, ,.� �:�ti�; 7{ �.� { :::.:',�.. :�..�; 1 : . .x 5: ,:}} 7. [;[ " _ : },',': v. '# .rt : `_2't # : ti: y, ��{^ .'k .$ ^},-f' wi.}} DEPOSIT: $2,250 USD DEPOSIT DUE:July 2B, 2017 •Payable by certified check or ACH to The Kurland Agency,Inc,' CONTRACT DUE:July 28,2017 1 ACH Information avaiable upon request Overages payable in cash Imrpediaiely following performance BALANCE: $2,25,0 USD {if applicable)- i •Payable by'molted check Cr cosi only to Beience to be paid directly to the artrst or artist's representative The dueibewf Revival,LLC. immediately prior to first performance. *A CHECK PAYABLE TO THE: DUSTBOWL REVIVAL, LLC .IN THE 'AMOUNT OF $4,500.00 WILL BE GIVEN TO THE BAND THE .NIGHT OF THE PERFORMANCE. NO ADVANCE PAYMENT 4 TI,l.' Bt. MADE. ]�[ iM1{j p . J,,,;'}7,'ti+ {{:':.. ¢r' x'`{r:%-}=S' 1• <; ... t '.t :y;'A..!..... ''% rr , u' •• ,. i li•t 1 IONAL'INFQRMATIQ ;"f ; x.....,',f`:.:-1't...'f}, . .{}i,:; } 'f{{ # k::?ti''$1, r' 'fT f 0',k:'a„. ''.{':-",.i'} . "}w i ,7: 5'}' { ' {',',' ' ..'' . }:":n:...,.Jo-.' . :ea ANNOUNCE DATE;i ON SALE DATE:- . OTHER ARTISTS: NIA Page.1 of 2 7. • i I E CONTRACTNOr ,48 in LKURLAND_I . k AGENT:,lackandall A II F I C T. EMAIL:Jackithekurtandagency om r 8}No porferriianoo of the engagement shall be recorded,reproduced or trenemitted fror the'place of performance,In any manner or by any means whatsoever,in the absence of a specific written.agreemennt with the Federation relating to and permitting such.recording, reprad tion.or transmission; 9}It Ii expressly understood'hy the Pur*aser end the musici�an(s)who are parties to this contract that neither the Federation nor the Local Union are parties to.thls'contract In any capacity except as expressly proviidc*in 6 above and,therefore;that neilher the Federation noc the Local Union,shall be liable fgr.Vie performance of bre chof any.pro'isicns hereof. , 10)A representative of the Local Union, or the Federation,:shell have access to the place of.engagement covered by this contract for pur oses'0f C4rnmunicathly'kith the mt,sician(s)per-fartning Vie.engagemeriI end the Purchaser,.. 11)The agreement of Vie musicians to perform is Subject to prover.detention by sickness,accidents,riots, strikes,epidemics.acxs of God, or any ether legitimate conditions beyond their control If the event is7cartooiled as a result of any such event., any moneys paid to artist, artist's nap or The Kurland Agency shall be Immedlatelyre1unded io purchaser. 'PURCHASER MUST ONLY USE APPROVED PROMOTIONAL MATERIALS SUPPLIED BY ARTIST OR ARTISTS AGENCY' ***ARTIST RIDER ATTACHED HERETO IS MADE A PART HEREOF'** IN WITNESS WHEREOF,the parties hereto have hereunto set their names and'teals on the day and yearlErst above written; SIGNATURE OF PURCHASER - .- _ . .~ `w= IGNATURE OF ARTIST = - `' #;:'_'"= . - = - " ;- •O " ; = 2;::= = : " �y F PR R!PR!SENTATIVE: !REO .' ti x -r� _{ - l OR AtEN�` �tEbF �- .}. �.+i�;�.- • _�i r. . :1:;C'r; i;:oGzx'4'.., E'11;: .-ems`'. :�C -A;er s . " -. r' 'Jail: 'tin inik_.for C ityof Palm Desert :Zachary Lupetin field The Du tbowl Revival, ..-.. LLG. PURCHASER CONTACT: •ARTIST CONTACT: Amy Lawrence Jeff DeLfa 760-776.6425 Jer,Flelli@sirnallcorri alawrence cityciptilmdesert.orr. • PROL UGTlaN CONTACT: • THE KURLAND AGENCY 173 BRIGHTON AVE;BOSTON,MA 02134: THEKURLANDAGENCY,COM .-- (pi 617-254-01:107 J{I)81777U-3577 1 1. P I • .x Page2of2 CONTRACT NO..C36280C The Dustbowl Revival HOSPITALITY RIDER THIS RIDER MUST BE SIGNED BY A REPRESENTATIVE OF THE.VENUE WITH THE AUTHORITY TO AGREE TO SUCH CONDITIONS AND TERMS. THIS RIDER MUST BE SIGNED AND RETURNED WITH THE CONTRACT.:IN ADDITION TO THE CONTRACT. THE VENUE MUST AGREE TO PROVIDE HOSPITALITY TO THE BAND. AT NO ADDITIONAL COST TO THE BAND, IN THE FOLLOWING MANNER:: THE PURCHASER AGREES TO PROVIDE:: *MEALS AND ROTEL ROOMS WILL 140T RE PROVIDED. 1. (8) hot,healthy meals and non-alcoholic drinks the night of the performance:If food is served in- house,there shall be no menu'constraints on Toed available for the touring party to order. If meals are sourced from an outside party;:the purchaser agrees to ensure the equivalent of 8 entrees are provided 2. A member has very strict dietary needs: a, (1) One of the above meals shall be grain, dairy and legume free (As an Example:A frvtein (eg::burgerpatty/grilled chicken/grilled shrimpi almon) and asafad.s/zed amount ofiettuce, would suffice.)—A buyout must be provided if dietary needs cannot be met and we will need to'know in advance (Thank You.for your cooperations). Z.Accommodations for(B) the night of the performance. Each person must have their own bed or comfortable sleeping space (if any'of the 8 sleeping spaces:are NOT traditional beds, the purchaser must confirm said sleeping spaces will suffice). if the venue cannot provide accommodations, the venue must pay a lodging buyout to beriegatiated before the signing of the contract. 3. Temporary load In/out parking.for(1) commercial sized van(or(8) personal vehicles if local show) #adjacent to the load-In door must a provided. After load-In..the purchaser must provide free, secure parking on-site (or nearby street parking) for the duration of the sfiow.between load in/out. If there is no free parking in a secure location near the venue, then the purchaser agrees to cover the cost of paid parking near the venue. 4. No less than (10)guest list spots shall be provided should the band.request such accommodation. unless otherwise stipulated on (he contract face page:(Private partieslweddings.not inclined) Green Room Hospitality Requirements THE PURCHASER MUST PROVIDE A PRIVATE GREEN ROOM AREA FOR THE BAND THAT WILL BE MADE AVAILABLE NO LESS THAN 2.5 HOURS PRIOR TO THE PERFORMANCE The green room must fit the following basic requirements: 1.The space shall be private for the touring party and their authorized guests only. Venue staff must ensure that the green room remains secure and that no unauthorized persons enter the area for.the duration of the show so that the band may store their gear safety. 2. No less than (2)available power outlets must be located within the green room or backstage area, 3. Free, high-speed WIFI connection (that works in the green room)must be available to the band. 4,.The private green room area shall have at feast one separate washroom facility, including a clean, working shower. *THERE .IS NO SHOWER MITE. CONTRACT NO, C3628DC 5. One Iron and One Ironing Board and/or steamer shall be provided. *No IRON OR IRONING BOARD The green room shall include the following hospitality Items at no cost to the band.The purchaser agrees to have all green room hospitality' items available by the agreed upon sound cheek time. 1. 1 case (24 sealed bottles)of room temperature water OR pitchers of water with 8 tall glasses. 2_Assorted healthy.sriacks, (The following items are acceptable: fresh fruit, chips/crackers and dip, pita and humrnus, meat tray,and nuts,) *KM, PROVIDE FRESH FRUIT • 3, Non-AlcoiioFic Beverages: Kombucha, Sodas, Seltzer water, coffee; and hotwater.(w#tea assortment) *WILL PROVIDE COFFEE, HOT WATER, AND ASSORTED TEAS 4.-(1) 750mL sealed bottle of Maker's Mark quality Whiskey or Better (e-g_;•Buffalo Trace, Knob Creek, Johnny Walker) 5. (2) Bottles of Red Wine, (1 -pack) assortment of Samuel Adarns quality beer or better: (E.g., Local beers, micro brews, I PAs); Hard Cider(local preferred,.no Crispin or Angry Orchard please) *NO ALCOHOL'WILL BE PROV 1}ED Ir khn venue canpat provide llama 4 and 5 Jn this praa.n.rnom as dasGribad above; h.en a bar fah per person{H tpkyl]ar drink count arinp with mly omen bar speaals musk he CSk@bushed prior to siyniny the contract.. 6- (8) clean, freshly laundered, standard-sized towels (if shower is available) If no shower on premises then Hand-Sized (sweat) towels will do. *NO TOWELS. WILL E1? PROVIDED NDTE:In an effort to take better care of our environment, please keep StfrofOarrl arid.non-recyclable plastics out of the green room; IF THE PURCHASER CANNOT PROVIDE THE REQUIRED ITEMS LISTED WITHIN THE RIDER, NEGOTIATIONS CAN BE MADE IN ADVANCE OF SIGNING THE PERFORMANCE AGREEMENT. ANY CHANGES OR AMENDMENTS TO THIS RIDER MUST SE THE RESULT OF A MUTUAL AGREEMENT BETWEEN THE VENUE AND AN APPROVED REPRESENTATIVE OF THE DUSTBOWL REVIVAL AND MUST BE REFLECTED IN THE RIDER, IF YOU HAVE ANY QUESTIONS PLEASE CONTACT:: Booking Agent: The Kurland Agency /617-2S4-0007 PALM DESERT CIVIC. CENTER AMPHITHEATER JALi --DESERT, .CA Name of Venue. Ity �St2 MAYOR ...TAN •C HARNIK • (760 4F� }611 • • Printed name of venue representative Phone number Signature of venue representative Date