HomeMy WebLinkAboutresolution.council.178-23RESOLUTION # 178
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND BIG HEAD TODD AND THE MONSTERS AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
personal services of the musicians between the City of Aspen and Big Head Todd
and the Monsters, a true and accurate copy of which is attached hereto as Exhibit
«A» .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract for
personal services of the musicians between the City of Aspen and Big Head Todd
and the Monsters a copy of which is annexed hereto and incorporated herein, and
does hereby authorize the City Manager to execute said agreement on behalf of the
City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 28' day of November 2023.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, November 28th, 2023.
Nicole Henning, City Clerk
DocuSign Envelope ID: 102F7077-15BB-4BE4-AA1 E-FC16B38ADB99
209 Caledonia St, 2nd Floor, Sausalito, CA 94965
Tel / 415 331 6700 Fax / 415 331 6705
a California Corporation
AMERICAN FEDERATION OF MUSICIANS OF THE UNITED STATES AND CANADA (Here n ca ed "FEDERATION") Whenever the term "The Loca Un on
s used n th s contract, t sha mean the Loca Un on Of The Federat on w th jur sd ct on over a the terr tory n wh ch the engagement covered by the contract s
to be performed. Th s contract for the persona sery ces of mus c ans on the engagement descr bed be ow s made th s November 6, 2023.
Name of Artist:
Blg Head Todd and the Monsters
1. Name and P ace of Engagement: Wheeler Opera House. 32o East Hyman Ave, Aspen, CO, 81611, USA
2. Date(s) of Engagement: Wednesday, December 27, 2023
3. Start ng T me of Engagement: (1) 90 to 12o Minute set at 7:3o PM. Doors open at 7:0o PM. Curfew Is 2:oiJ AM.
4. Compensat on Agreed Upon: v63,000.00 flat Guaranteed.
5. Contracts due IMMEDIATELY, but no stet than: Wednesday. November 29, 2023
6. Purchaser W Make Payments As Fo ows: Depos t: s31,5o0.0o Due no later than Wednesday, November 2s, 2023, but not before receipt of fully
executed contract and within 15 businEs:, days of coiiti act approval by Aspen City Council
Balance of 531,500.0o plus percentage, If applicable, PAYABLE VIA BANK TRANSFER, CERTIFIED OR CASHIER'S City -Issued CHECK ONLY to
Artist In full upon commencement of performance.
ALL DEPOSITS SHALL BE MADE VIA BANK TRANSFER, CERTIFIED OR CASHIER'S CITY -ISSUED CHECK ONLY TO PARTISAN ARTS, INC.
DEPOSIT IF BY BANK WIRE TO: City National Bank, 400 N. Roxbury Drive, Beverly Hills, CA 90210. Tel: 310 888 6000
Account Number: 127901740. ABA number: 122-016-066. Swift code: CINAUS61L.
of Of
The agreed merch deal for soft goods Is
to Artist, Artist Sells. The agreed merch deal for recorded Items Is 100°o to Artist, Artist Sells. Please see City of Aspen
legal Rider for merchandise details, including business license, sales tax, and settlement requirements.
NOTE: Any attached Riders and/or Costsheet "Attachment All togetherwith the Cityof Aspen legat rider are herein made a part of this contract.
NOTE: Art st to rece ve 1 oo°f° Head ne B ng n a med a Art st to approve a advert s ng pr or to pub cat on or d sir but on. Correct b ng for ih s shove s:
BIG HERD TODD AND THE MONSTERS <100%>
NOTE: Approved b o, photos, ad mats, etc. are ava ab e by contact ng Ph E nsohn, ems : ph @7smgmt.com.
NOTE: A tad o, co -promote, or "presents" must be pre -approved n vrr t ng by A ex Brah ,ems : a ex@17smgmt.com.
NOTE: PLEASE SEE COA LEGAL RIDER for merchandise details, including business license, sales tax, and settlement requirements. Art st requ res that
merchand se sa es w be sett eel and any money co ected for merchand se, regard ess of creel t cards or cash sa es, w be pa d to
Art st on the n ght of the performance. Purchaser sha advance method of payment w th Art st's representat ve pr or to the show date.
NOTE: Purchaser to prov de sound and ghts as per Art st's spec ficat ons as a show cost.
NOTE: Current r der, back ne requ rements, nput st, stage p of etc. are ava ab e for down oad at hops://b t. y/BHTMProduct on.
NOTE: Art st requ res ba ance payment v a cert tied City -issued check un ess Purchaser s not tied oMerw se n wr t ng by Art st s representat ve.
NOTE: Support act, f any, must be approved by Art St_ N/A Current y th s show s booked as An Even ng W th .
NOTE: Th s s an a ages show.
Number of mus c ans: 3 U_S_ Tax ID: s4-12o1406 (Big Head Todd and the Monsters Inc.) AFM Loca; 20•623 sm
7. Agreed T cket Type, Ouant ty, and Pr ce(s):
Reserved Level A: 294 x $99.00
Reserved Level B: 139 x 579.00
Reserved Level C: 26 x $39.00
Total Capacity:
Sellable Capacity: 459
Number of Shows: 1
Total Gross Potcntial:
Net Gross Potential:
Type of Engagement: Club
S41,101.00
S41,101.00
&
No part o the per ormance shall be
recorded, reproduced or transmitted tom the place o per ormance, in any manner by any
means whatsoever, in the absence o a specific v,ritten agreement ;;ith the
Artist relating to and permitting such
recording, repreducticn or transmission
9
t is expressly understood by the Purchaser and the musicians) who are parties to this contract that neither the ederation nor
the Local Union are parties to this contract in any capacity, and there ore
neither the ederation nor the Local
Union shall be liable or the per ormance or breach o any provision hereo
10
A representative o the Local Union,
or the ederation, shall have access to the place o per ormance covered by this contract
or purposes o communicating with the musician(s) per orming the
engagement, and the Purchaser
11
he agreement o the musician(s) to
per orm is sub iect to proven detention by sickness, accidents, riots, strikes, epidemics, acts o God, or any other legitimate conditions beyond their control
W WITNESS WHEREOF, the part es hereto have hereunto set the r names and season the day and year first above wr tten.
S R�4signed by: Big Head Todd and the Monsters Inc.
x x
��Adn2.1APF12eM
C ty of Aspen on ben.
320 East Hyman Ave
Aspen, CO 81611
er Opera House
24815 Sh on Lane
Con ter, CO 80433
DocuSign Envelope ID: 102F7077-15BB-4BE4-AA1 E-FC16B38ADB99
CITY OF ASPEN
CITY OF ASPEN LEGAL RIDER -PERFORMANCE CONTRACT ADDENDUM
BIG HEAD TODD QND THE MONSTERS — DECEMBER 27t11%, 2023
The City of Aspen Legal Rider ("the Rider"} is attached to and made part of the Performance
Contract ("the Contract") between Big Head Todd and the Monsters
("the ARTIST"), and the City of Aspen ("the CITY") on behalf of the Wheeler Opera House. The City has
engaged the ARTIST to perform at the Wheeler Opera House ("the Facility"), located in the City of
Aspen subject to the terms and conditions set forth herein. The terms and conditions in the Contract
shall be interpreted as consistent with the terms and conditions in this Rider whenever possible.
The Performer and the City hereby agree to the following additional terms and conditions:
1. Local Rules and Compliance.
The ARTIST, including the ARIS I s employees and contractors working for the ARTIST shall comply
with all local rules and regulations governing the Facility, including all rules, laws, ordinances,
regulations, and orders of governmental authorities and ARTIST further agrees to modify its
Performance to comply with local laws and safety regulations upon notification of violation.
No part of the performance may consist of acts in violation of any local laws, codes, statutes,
ordinances, rules, or any other requirements including building and fire regulations. If ARTIST
violates this section, the CITY may immediately cancel the performance, and ARTIST will be
considered to have breached this Contract.
2. Smoking.
Smoking is not permitted in the Facility, and only allowed in designated areas immediately outside
of the Facility.
3. Drub Free Policy.
The City of Aspen and the Wheeler Opera House have a strict drug -free policy which prohibits the
use of marijuana and other drugs on City property. Any person, including independent contractors,
performers, managers, agents, technicians, staff, and entourage members using marijuana or other
illegal substances at the Facility, on City property, or in public may be removed from or denied
entrance to the Facility and subject to criminal penalties.
DocuSign Envelope ID: 102F7077-15136-413E4-AA1 E-FC161338AD1399
4. Plastic Free Venue.
The Facility strives to be a plastic free venue and does not provide disposable water bottles but will
provide reusable water bottles and filtered water back- and onstage.
5. Fire Regulations.
All electrical equipment, props, and other property brought into the Facility by ARTIST to be used in
conjunction with the ARTIST's performance shall comply with and conform to all the rules and
regulations of the City and the Facility, including all City Ordinances, statutes and laws of the State of
Colorado, and the rules and regulations issued by any governmental entity with jurisdiction over the
Facility.
6. Independent Contractor.
ARTISTS are independent contractors and shall not be considered an employee of the City for
purposes of any federal or state laws. The City is not obligated to secure and shall not provide any
employment benefits of any kind or type to or for the ARTIST, including but not limited to worker's
compensation, disability insurance, errors and omissions insurance, vacation or sick leave,
retirement contributions, or other benefits. ARTIST shall be responsible for any state or federal tax
withholdings on moneys earned pursuant to this Contract.
7. Indemnification.
a. General Indemnification.
ARTIST agrees to indemnify and hold harmless the CITY, its officers, employees, insurers, and self-
insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage,
including without limitation claims arising from bodily injury, personal injury, sickness, disease, death,
property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any
manner connected with this Contract and caused by Artist negligence or willful misconduct, to the
extent and for an amount represented by the,degree or percentage such injury, loss, or damage is
caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act,
omission, error, professional error, mistake, negligence, or other fault of the ARTIST, any subcontractor
of the ARTIST, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the ARTIST, or which arises out of any workmen's compensation claim of any
empIoyee of the ARTIST or of any employee of any subcontractor of the ARTIST. The ARTIST agrees to
investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims
or demands at the sole expense of the ARTIST, or at the option of the CITY, agrees to pay the CITY or
reimburse the CITY for the defense costs incurred by the CITY in connection with, any such liability,
claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that
such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the
CITY, its officers, or its employees, the CITY shall reimburse the ARTIST for the portion of the judgment
attributable to such act, omission, or other fault of the CITY, its officers, or employees.
b. Intellectual Property.
CITY holds BMI, ASCAP, and SESAC live performance licenses. Notwithstanding, ARTIST hereby
assumes all other liability arising from the use of patented, trademarked, franchised, and
copyrighted material, including music, devices, processes, and dramatic rights use by or
incorporated by the ARTIST in performance of this Contract. ARTIST shall indemnify and hold
harmless CITY against all claims for loss, injury or damage to any person arising out of any failure of
ARTIST to comply with any contract, copyright or other law, including a covenant to pay all attorney
DocuSign Envelope ID: 102F7077-15B13-41BE4-AA1 E-FC16B38ADB99
fees and costs in indemnification arising from the unauthorized use or allegation of unauthorized
use of any intellectual property. Upon request by the CITY, ARTIST shall provide Proof of Royalty
Payment, where applicable, 30 days prior to EVENT. The provision of this section shall survive
termination.
8. Default and Cancellation.
a. Cancellation or Breach by Artist
In the event of a breach by the ARTIST of the terms or conditions of this Contract and any attached
Exhibits or Addendums, CITY shall have, in addition to any other legal recourse, the right to
terminate ARTIST's rights under this Contract forthwith and to remove and exclude any and all
property of ARTIST from the Facility, all subject to notice, and to enforce all provisions of this
Contract against ARTIST.
b. In the event ARTIST cancels this Contract, ARTIST shall return any deposit received by ARTIST in
conjunction with the performance to the CITY within twenty-one (21) business days of the
cancellation.
9. FORCE MAJEURE AND GOVERNMENT -DECLARED STATES OF EMERGENCY
If a party's performance of any obligation under this Agreement (other than the payment of money) is
prevented or interfered with by any cause beyond the reasonable control of such party, such as
unavoidable and unforeseeable equipment failures, vendor delays, or acts of God (including, but not
limited to, such things as violent storms, excessive rainfall, blizzards, or snow storms), this shall be
deemed a Force Majeure event, and such party shall be excused from performing such obligation to the
extent and for the duration of such prevention or interference, provided such party uses all reasonable
efforts to remove or overcome such prevention or interference as quickly as possible. IF ARTIST is
present, willing and able to perform, the full fee will still be due to ARTIST. Otherwise, CITY and ARTIST
shall make best efforts to reschedule the PERFORMANCE to a future mutually agreeable date under the
same terms and conditions of this Agreement. Should CITY and ARTIST be unable to reschedule the
performance pursuant to this paragraph, ARTIST will be entitled to all monies already paid, and no
additional payments shall be due.
AGovern ment-declared State of Emergency will be deemed a Force Majeure event. CITY may in its sole
discretion cancel any performance which may expose any member of the company or any portion of the
audience to the danger of death, disease or injury, or an outbreak of violence or civil strife. Upon such
cancellation, neither party shall be liable for any loss, damage, or expense claimed to have been
suffered by said cancellation. CITY and ARTIST shall make best efforts to reschedule the PERFORMANCE
to a future mutually agreeable date under the same terms and conditions of this Agreement. If any
performance shall be prevented for any of the foregoing causes, neither the CITY nor ARTIST shall be
under any obligation to present the PERFORMANCE at a different time and neither party shall have any
claim against the other in connection with the losses resulting from such prevented or interfered
performance(s). Should CITY and ARTIST be unable to reschedule the performance pursuant to this
paragraph, ARTIST will be entitled to all monies already paid, and no additional payments shall be due.
ARTIST further agrees that if a city, county, state, or federally mandated "do no gather restriction" is
enacted and in effect in Aspen, Colorado after the adoption of this contract, the CITY has the right to
DocuSign Envelope ID: 102F7077-15BB-4BE4-AA1 E-FC16B38ADB99
cancel this PERFORMANCE without liability under Force Majeure. Upon such cancellation, neither party
shall be liable for any loss, damage, or expense claimed to have been suffered by said cancellation.
Should CITY and ARTIST be unable to reschedule the performance, ARTIST will be entitled to all monies
already paid, and no additional payments shall be due. CITY and ARTIST shall make best efforts to
reschedule the PERFORMANCE to a future mutually agreeable date under the same terms and
conditions of this Agreement. Should the State of Colorado, Pitkin County, or the CITY limit gatherings to
a capacity that is less than full seating capacity (five hundred (500) seats), then CITY shall have the
option at its sole discretion to either reschedule the performance. CITY and ARTIST shall make best
efforts to reschedule the PERFORMANCE to a future mutually agreeable date under the same terms and
conditions or allow the contract to remain in place. ARTIST will be required to comply with those
reduced capacity directives, whether for artists, audience members, guests and/or PERFORMANCE
participants. Should CITY and ARTIST be unable to reschedule the performance pursuant to this
paragraph, ARTIST will be entitled to all monies already paid, and no additional payments shall be due.
10. COVID-19 PRECAUTIONS AND PROCEDURES
ARTIST agrees that its employees, volunteers, designers, singers, dancers, choreographers and all other
ARTIST personnel shall comply with CITY -mandated precautions and procedures related to preventing
the transmission of COVID-19.
All backstage areas will be available to performers, tour personnel, or speakers ONLY. No guests will be
allowed in any backstage area, and any "meet and greets" or personal visits must take place elsewhere.
Public Health orders change frequently. CITY personnel at the Wheeler will provide any updates
necessary in a timely fashion.
11. Insurance.
a. At all times during the Term of this Contract, ARTIST shall carry and maintain in full force, at
its sole expense, combined bodily injury/property damage liability insurance in the amount
of at least $1,000,000 (One Million US Dollars) each occurrence listing the CITY and the
"Wheeler Opera House" as an additional insured. A copy of the policy, or an agent's
certificate of insurance, must be provided by ARTIST no later than 30 days prior to
performance under this Contract, and must be satisfactory to CITY. CITY may disapprove
proposed insurance coverage if the insurance company or the terms of coverage are not
satisfactory. Any liability insurance policy must include a provision requiring a minimum of
30 days written notice to CITY of any change or cancellation.
b. The ARTIST shall also provide an Employer's Identification number and evidence of coverage
for WORKERS' COMPENSATION insurance for its employees. The ARTIST agrees that failure
to provide such documentation shall not exempt the ARTIST for any and all responsibility to
its employees and assign's regarding workers' compensation claims, and the ARTIST agrees
to indemnify and hold harmless the CITY and the Wheeler Opera House, its personnel and
assigns for any injury or claim to workers' compensation benefits by and of its employees or
assigns.
c. Nothing herein shall be construed to abrogate or diminish any protections and limitations
afforded to the CITY by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 etseq.
as amended, or other law. The parties hereto understand and agree that City is relying on, and
DocuSign Envelope ID: 102F7077-15BB-4BE4-AA1 E-FC16B38ADB99
does not waive or intend to waive by any provision of this contract, the monetary limitations
(presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immuni-
ties, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101
et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
12. License and Use of Facilit
a. This Contract grants ARTIST a license to use the designated Facility on the designated dates
in accordance with, and subject to, the terms of this Contract. This Contract is not a lease
and nothing in it shall be construed to create a landlord/tenant relationship or to give ARTIST
any right to exclusive possession of any part of the Wheeler Opera House.
b. ARTIST shall use the Facility in a careful, safe and proper manner and shall not use or permit
the Facility to be used in any manner that is contrary to any applicable federal, state, county
or municipal laws, ordinances, rules, regulations or codes.
c. ARTIST shall not use, suffer, or permit to be used, all or any part of the Facility in any
immoral, illegal, lewd, objectionable, or offensive manner. ARTIST shall neither do not
permit to be done any act or thing at the Facility that would or might subject CITY to any
liability or responsibility for injury to any person or persons or for damage to property.
d. CITY reserves the right to control and manage the entire Facility and to enforce all necessary
and proper rules for the operation of same and for its authorized representatives to enter
the portions of the Facility hereby licensed to ARTIST at any time and on any occasion. CITY
also reserves the right, but has no duty, through its appointed representatives, to eject any
objectionable person or persons from the Facility, and to cancel or suspend any performance
if, in the reasonable judgment of CITY, failure to do so might endanger public safety or result
in material damage to the Facility. ARTIST hereby waives any and all claims against CITY and
any of its agents, officers, directors, servants, and employees resulting from any exercise of
CITY's authority under this provision.
e. ARTIST shall not alter, repair, add to, deface, or change the Facility in any manner
tivhatsoeverI without the prior written consent of the CITY. The Facy shall be maintained
and vacated, as and when required, in as good condition as it is upon entry of the ARTIST
therein, reasonable wear and tear excepted. ARTIST shall pay on demand for all damages or
injury done by ARTIST or its agents and employees to the Facility.
f. Except in instances of gross negligence by the CITY, CITY shall not be obligated or required to
replace or repair any part of the Facility nor be liable to ARTIST for any damages occurring by
reason of any defect therein, or occasioned by any part thereof being or becoming out of
repair, or arising from activities of whatever kind or nature that may take place at the
Facility, nor any damages arising from any act or neglect of occupants of the Facility or any
owners or occupants of adjoining property, nor for any loss, theft, damage, injury, or other
casualty to the property of the person.
13. Merchandise.
The Wheeler offers two options for selling merchandise. ARTIST must confirm selected option during
advance:
a. OPTION ONE, ARTIST SELLS: ARTIST shall provide a merchandise seller and sales system and
will be entitled to all sales proceeds with no commission due to CITY. ARTIST shall be
responsible for obtaining a City of Aspen Special Event Business License and must pay all
applicable sales tax due on all merchandise sold. A pre- and post -show inventory must be
completed with a CITY staff member who will report the gross sales amount to the Finance
Department of the City of Aspen. Applicable sales tax must be remitted in a timely manner.
City of Aspen Special Event Business Licenses may be obtained by visiting
https://aspen.rztun irevs.cam/
DocuSign Envelope ID: 102F7077-15BB-4BE4-AA1 E-FC16B38ADB99
b. OPTION TWO, CITY SELLS: The venue shall provide a merchandise seller and sales system and
items will be sold under the Wheeler Opera House's existing business license. ARTIST shall
provide a list of merchandise and price points prior to event to allow for POS set-up. Merchandise
sales revenue and sales tax will be reconciled during the settlement process after the performance; no
commission shall be due to the CITY. A check for sales revenue will be issued to the ARTIST within 15
business days of the event.
14. Worker without Authorization Prohibited CRS §8-17.5-101 & §24-76.5-101
During the 2021 Colorado legislative session, the legislature passed House Bill 21-1075 that
amended current CRS § 8-17.5-102 (1), (2)(a), (2)(b), and (2)(b)(III) as it relates to the employment of
and contracting with a "worker without authorization" which is defined as an individual who is
unable to provide evidence that the individual is authorized by the federal government to work in
the United States. As amended, the current law prohibits all state agencies and political
subdivisions from knowingly hiring a worker without authorization to perform work under a
contract, or to knowingly contract with a third -party who knowingly hires with a worker without
authorization to perform work under the contract. The law also requires that all contracts for
services include certain specific language as set forth in the statutes. The following terms and
conditions have been designed to comply with the requirements of Colorado law.
Definitions. The terms used within this section shall have the same meanings and definitions
provided for in Colo. Rev. Stat. section 8-17.5402. "Worker without authorization" means an
individual who is unable to provide evidence that the individual is authorized by the federal
government to work in the United States. This Contract is considered a Public Contract for Service.
By signing this document, ARTIST and Agent certify and represent that:
1. Artist shall confirm the employment eligibility of all employees who are newly hired for employment
to perform work under the public contract for services; and
2. ARTIST has participated or attempted to participate in either the e-verify program or the department
program in order to verify that new employees are not workers without authorization.
ARTIST and Agent hereby confirm that:
1. ARTIST shall not knowingly employ or contract with a worker without authorization to perform work
under the Public Contract for Services.
2. ARTIST shall not enter into a contract with asub-contractor that fails to certify to the ARTIST that the
subcontractor shall not knowingly employ or contract with a worker without authorization to perform
work under the Public Contract for Services.
3. ARTIST has confirmed the employment eligibility of all employees who are newly hired for
employment to perform work under the public contract for services through participation in either the
e-verify program or the department program.
4. ARTIST shall not use the either the e-verify program or the department program procedures to
undertake pre -employment screening of job applicants while the Public Contract for Services is being
performed.
If ARTIST obtains actual knowledge that a subcontractor performing work under the Public Contract for
Services knowingly employs or contracts with a worker without authorization, ARTIST shall:
DocuSign Envelope ID: 102F7077-151313-41BE4-AA1 E-FC161338ADB99
1. Notify such subcontractor and the CITY within three days that ARTIST has actual knowledge
that the subcontractor is employing or subcontracting with a worker without authorization:
andI
2. Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to this section the subcontractor does not stop employing or
contracting with the worker without authorization;
ARTIST shall comply with any reasonable request by the Colorado Department of Labor and Employment
made in the course of an investigation that the Colorado Department of Labor and Employment
undertakes or is undertaking pursuant to the authority established in Subsection &17.5-102 (5), C.R.S.
If ARTIST violates any provision of the Public Contract for Services pertaining to the duties imposed by §
8-17.5-1021 C.R.S. the CITY may terminate this Contract. If this Agreement is so terminated, ARTIST shall
be liable for actual damages to the CITY arising out of ARTIST's violation of § M7.5402, C.R.S.
It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or
covenants can be modified, changed, terminated or amended, waived, superseded or extended except
by appropriate written instrument fully executed by the parties.
If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect
or impair the validity, legality or enforceability of any other provision.
15. Non -Discrimination.
No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation,
family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of
persons to perform services under this Contract. ARTIST agrees to meet all of the requirements of City's
municipal code, Section 15.04.570, pertaining to non-discrimination in employment.
16. Waiver.
The waiver by the CITY of any term, covenant, or conon hereof shall not operate as a waiver of any
subsequent breach of the same or any other term. No term, covenant, or condition of this Contract can
be waived except by the written consent of the CITY, and forbearance or indulgence by the CITY in any
regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by
ARTIST and Agent to which the same may apply and, until complete performance by ARTIST and Agent
of said term, covenant or condition, the CITY shall be entitled to invoke any remedy available to it under
this Contract or by law despite any such forbearance or indulgence
17. Governing Law; AttorneV's Fees
This Contract and the rights and obligations of the parties hereunder shall be governed by and
construed in accordance with the laws of the State of Colorado. Venue for all actions arising under
this Agreement shall be Pitkin County, Colorado. In the event that legal action is necessary to
enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs
and reasonable attorney's fees.
18. Entire Agreement.
This Rider constitutes a material part of the Contract between the parties, and when appended to
the ARTIST'S Contract, the Contract, the Rider and Contract documents constitute the entire
DocuSign Envelope ID: 1021F7077-15113134BE4-AA1 E-FC16B38ADB99
agreement between the parties and supersede any previous agreements, oral and written. This
Agreement may be modified only by subsequent mutual written agreement executed by the ARTIST,
the Agent if applicable, and the CITY. In addition, the ARTIST understands that no City official or
employee other than the Executive Director of the Wheeler Opera House or City Manager may
modify the terms of this Contract on behalf of the CITY. Any modifications to this Contract must be
in writing and be executed by the parties hereto.
19. No Third-Rarty Beneficiaries.
It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement shall be strictly reserved to the
parties and nothing contained in this Rider and the Contract shall give or allow any such claim or
right of action by any other third person. Neither the City nor the ARTIST and Agent shall have the
right to assign, transfer or sublet its interest or obligations hereunder without the written consent of
the other party.
2fl. Severability.
In the event that any provision of this Rider or Contract is held unenforceable for any reason, the
remaining provisions of this Agreement shall remain in full force and effect.
21. Counterparts. This Agreement may be signed using counterpart signature pages, with the same
force and effect as if all parties signed on the same signature page.
22. Authorization of Signature. The parties acknowledge and represent to each other that all
procedures necessary to validly contract and execute this Agreement have been performed and that
Agreed:
Lisa Rigsby Peterson, Executive Director Wheeler Opera House
{printed name and title)
11/14/23
ImUl
DocuSign Envelope ID: 102F7077-15BB-4BE4-AA1 E-FC16B38ADB99
BIG HEADTUDDANDLHEMUNSTERS
PERFORMANCE RIDER ZU21
I. GENERAL INFORMATION
1. Application of Rider
This Concert Performance Rider ("Rider") shall be deemed incorporated in and part of
the Performance Agreement dated November 6th, 2023 , between Big Head
Todd and the Monsters ("Artist") and the City of Aspen on behalf of the Wheeler Opera House
("Purchaser") ("Performance Agreement"). In the event of any conflict between this
Rider, the City of Aspen Legal Rider, and the Agreement, the terms of this Rider
amended shall prevail. All of the terms of this Rider as arrierided are specifically accepted
and agreed to by Purchaser unless waived in writing by Artist or Artist's Authorized
Representative. Purchaser acknowledges that the provisions of this Rider are necessary
for Artist to perform the best concert possible for Purchaser.
2. Artist's Representative
Artist's Authorized Representative for the purpose of this Rider is Dave Feirn Tour
Manager/Production Manager. Dave's cell is (612) 57&6027. Dave's email is:
bhtmtourmanager@7smgmt.com.
3. Advertising
a.) Purchaser agrees to be responsible for the organization and cost of
publicity before the concert. Artist agrees to be available for radio, I v and
newspaper/magazine interviews whenever possible. Please contact Anna Lisle
(anna@7smgmt.com) for all inquires.
b.) Purchaser shall only use promotional photos, logos, Biographies, ad mats, etc,
supplied by Artist management. Please contact anna@7smgmt.com for all band
promo information.
c.) There shall be no radio station or any other presenting, promoting, co -promoting
or sponsoring of the Concert without Artist Management written approval. No Banners,
flyers, posters, or other promotional material will be hung above or near stage without
Artist's approval.
d.) When performing as the headlining act, Artist shall receive 100% sole star
billing in any and all advertising, lights, displays, programs and any other forms of
advertising, publicity and promotion.
e.) When performing as the support or opening act, Artist will be included in any
and all advertising, lights, displays, programs and any other forms of advertising,
publicity and promotion.
DocuSign Envelope ID: 102F7077-15BB-4BE4-AA1 E-!`Cl6B38ADB99
NOTE: ALL FORMS OF ADVERTISING AND PROMOTION WILL REFER TO ARTIST AS "BIG HEAD
TODD AND THE MONSTERS" --SHORTENED FORMS OF THE NAME ARE UNACCEPTABLE.
f.) The Purchaser agrees that the Purchaser will not commit Artist to any persona
appearances, interviews, or other promotional activity without the prior consent of
Artist or Artist's Representatives. The Purchaser further agrees to provide Artist with
at least one (1) week's notice of any such proposed promotional activities that enable
Artist and Artist's Representatives to have sufficient time to schedule such activities.
g.) Best efforts will be made by PURCHASER to ensure that No photographs shall
be allowed in the place of performance, backstage, or on stage during Artist's
performance or sound check without PRIOR consent of Artist other than those
photographers representing Artist or Artist's management. Event security
provided by Purchaser will enforce the photo policy.
h.) Purchaser shall not permit the recording, reproduction, or transmission of any
performance of the concert in any manner or by any means whatsoever, in the
absence of a specific written or verbal agreement with the Artist relating to and
permitting such recording, reproduction, or transmission.
4. Opening Acts.
a.) Artist shall have the right to approve or reject any opening act.
b.) Purchaser agrees that Artist's staging and equipment set-up overrides the
opening act's staging and equipment set-up.
c.) No announcer, master of ceremonies, opening act(s), or other persons) shall
appear in connection with the Concert without prior approval of Artist or Artist's
Representatives. Artist or Artist's Representative shall have complete control over the
choice and queuing of house music.Venue required pre-recorded safety
announcements will play before performance; please direct any questions to
michael.baca@aspen.gov
5. Ticket Pricing and Artist's Compensation
a.) Artist's Booking Agency and Purchaser will mutually agree with regard to the
pricing of tickets or cover charge for the Artist's performance.
b.) Artist will have 50 six (6) complimentary tickets/guests for the Concert.
Purchaser will have 30 eight (8} complimentary tickets/guests for performance,
including all FOH kills, media, promotion, and personal admissions. Purchaser
agrees to honor the Artist's list for complimentary tickets/guests. Purchaser will
provide Artist with a record of complimentary ticket holders/guests. No further
disbursement of complimentary, discount, or package -deal tickets will take
place without express permission of the Artist. Artist will have final approval of
all backstage guests.
DocuSign Envelope ID: 102F7077-15BB-4BE4-AA1 E-FC16B38ADB99
c.) Purchaser will pay Artist compensation after the start of the Artist's performance
according to the Performance Contract associated with this Rider.
Performance Monies are paid to Big Head Todd and the Monsters, Inc., Federal Tax I. D. #
844201406.
d.) The following shall apply when Artist is entitled to a percentage of the I�f/A, flat guarantee
Concert Gross Profit (as hereinafter defined):
i.) The term "Concert Gross Profit" is defined as all monies derived from the
sale of tickets for the Concert, less the aggregate of box office
commissions, gross receipts taxes (if any) and Direct Concert Expenses
(as hereinafter defined) for the Concert.
ii.) The term "Direct Concert Expenses" is defined as all legitimate and
verifiable costs associated with the Concert and the promotion thereof
that are actually paid by Purchaser for which Purchaser furnishes a paid
invoice to Artist, including, without limitation, the cost of venue rental
and staff, advertising, city taxes, backstage catering, security, loaders,
electrician, stagehands, opening acts (if any), posters, stages,
communications, and other legitimate miscellaneous expenses. Direct
Concert Expenses will not include Purchaser's administration and
overhead costs and expenses.
e.) All business matters in connection with the Concert, including, without
limitation, all ticket prices and all costs and expenses, are subject to mutual
approval of Artist and Purchaser.
6. Soundcheck.
Purchaseragreestomandatorysound check,tobecompletedpriortothe openingof the venue
doors and admission of ticket holders. Purchaser agrees to keep the place of performance clear of
of all people not directly involved in the show's production during soundcheck.
The Wheeler has a decibel limit of 90clBs which cannot be exceeded.
7, Merchandising. Please see City of Aspen Legal Rider for merchandise details, including business
license, sales tax, and settlement requirements.
Purchaser agrees that Artist and Artist's Representatives have the sole right to sell
merchandise (t-shirts, sweatshirts, hats, stickers, CD's, DVD's and any other commercial
materials) at the place of performance.
DocuSign Envelope ID: 102F7077-151313-413E4-AA1 E-FC161338AD1399
8. Security. To be confirmed during advance; standard recommendation is 2-3 security staff.
Purchaser shall provide adequate security for the Artist, Artist's crew, crowd control, and
Artist's equipment at all times from load -in through load -out. Security plans may be reviewed
by Artist Representative prior to show at venue. If the Artist makes plans to sign autographs at
the merchandise area after their set, Purchaser shall provide 1 or 2 Security people to escort
and remain at merchandise area until the conclusion of autograph signing
1.
TECHNICAL EQUIPMENT REQUIREMENTS
View our Tech Packet at https://wheeleroperah�use.co
Stage:
service-product/tech-specs
A raised performance area ("Stage") which is a minimum of 40 V?� feet wide
and 32 ^'26 feet deep, with 8'x 8' wings. The Stage shall be level and of sound
construction. If the concert is to be held outdoors, purchaser shall provide a
covering over the stage to protect Artist and all of the Artist's equipment, and a
covering for the front of house position.
Electrical system:
1. 3-phase 400 amp service (lights)
2. 3-phase 200 amp service (sound)
AN ADEQUATE FRONT FILL SYSTEM with any rig must be available for use. NOTE: We
MAY be carryi Mng a rack with some inserts.
3. Lighting;
1. Upstage,werequire4-66Kcolorwashes(orequivalent) and ACL's if
available
1. Downstage, werequire2-36Kcolorwashes (or equivalent) plus 4
Leko's
2. Ourgel color requests are 120 Dark Blue, 181 Congo Purple, 128
"
Magenta, and 158Amber. We like to have cans gelled paired left to
right" as opposed to "outside to center"
3. We will need one qualified "In -House" lighting person to do our
focus, and operate the system for our set.
4. Additionallnformation.
a.) Time Frame: Five hours before doors to load in, set up sound
system(set ECt, monitors up and functioning), and sound check
Artist and Opening act. FOUR (4) loaders will be needed for both the
in and out, and two stagehands for set changeover.
DocuSign Envelope ID: 102F7077-15BB-4BE4-AA1 E-FC16B38ADB99
All production and hospitality needs to be mutually agreed upon by advance,
we aim to confirm at least four (4) weeks prior to performance.
Michael Baca, production manager, michael.baca@aspen.gov, 970-618-4149
Malin Machado, programs administrator, malia.machado@aspen.gov, 970-309-9407
lll. DAY OF SHOW & HOSPa
My name is Dave Feirn and I'm the Tour Manager for Big Head Todd and
the Monsters.
Below is all the information you will need to get us advanced for this date, it is
very thorough, well organized, and covers everything needed in order to have
a smooth stress -free day. Give this a read through, answer our questions,
and let me know if you have questions. When you can, get back to me with
confirmation of a good schedule, and if others need to receive this info to help
them do THEIR job, I appreciate you forwarding this email on to them. (Audio..
Lighting, Catering, Security, House Managers, etc.) Answering the topics
below in CAPS, blue,( any coioi) would work, or just a numbered list works
too.
1. Contacl
mation & Day of Show_C
Feel free to contact me with any questions or concerns that you may have:
Dave Feirn
Tour Manager — Big Head Todd and the Monsters
612-578-6027 (Cell)
bhtmtourmanager@7smgmt.com
Also, I'll need to know who our Day of Show contact will be and their CELL
PHONE number (not just an office/production number).
Wheeler DOS contact: Michael Baca, production manager
• Phone: (970) 618-4149
• Email: michael.baca@aspen.gov
2. Transportation, Parking, Directions &Venue
We will be arriving in a van or tour bus with a trailer (and NO trucks). The total
length of bus and trailer is about 70 feet. We will need a spot to park, as close
to the stage door/load-in area as possible. The bus is equipped with a
generator and a possible slide out on the driver side. Our band and crew will
be using the bus throughout the day. Please let me know if there is shore
power available so I can arrange it with the driver to hook up to it; to reduce
noise and exhaust fumes.
Please provide a map and directions of the easiest way for us to approach the
venue/stage and parking location? Also, please confirm the GIPS address for
the venue.
DocuSign Envelope ID: 102F7077-151313-41BE4-AA1 E-FC16B38ADB99
3. Backline, Backdrop &Barricade:
A. We don't require any backline if this isn't advanced as a fly gig. Our
backline requirements are attached if we advance this as a fly gig.
B. We will have with us a very lightweight backdrop, measuring 30' Wide and
16' Tall, with grommets and ties at the top and a sleeve for a pole at the
bottom. (We are not traveling with a pole to weigh down at the bottom; I am
hoping there will be one at the stage, or at least a way we can tie it down.) Do
you have an upstage pipe or a way to fly this in that can work for us? We do
have a Fire Cert if needed.
C. We'd love a barricade in front of the stage if possible.
4. Audio:
We will be traveling with our own FOH Engineer. We require TWO
House Audio Engineers knowledgeable in the setup and operation of
the House FOH and Monitor consoles. They need to assist our
engineer in getting us up and running, patched in, sound checked
etc. and also mix FOH and Monitors for all Support Acts.
The following professional sound systems are acceptable:
dOW audiotechnik, JBL, L-Acoustics, Martin Audio, Meyer Sound,
Outline GTO.
All must be capable of 110 dBA, as measured at the mix position,
undistorted sound throughout the venue. The sound system and it's
components must be in full working order and there must be no
buzzes, crackles, pops, etc. The FOH mix position must be in the
House, preferably centered halfway between the front and rear of
the venue. If this is not the case please let us know!
We would appreciate a clean and clear stage and FOH area, not the
leftover patch, layout and trash from the last show.
PLEASE EMAIL ME THE FULL TECH SPECS OF THE VENUE.
4A.TOUR DATES, when we are traveling with our own
Gear.
DocuSign Envelope ID: 102F7077-151313-41BE4-AA1 E-FC16B38ADB99
We will be bringing in two consoles (FOH & MON) and we're
planning on using your PA and Power. Tour support and any
other inputs will be mixed on your separate consoles (house
desks) by your House Engineers. I have included our "Input
List" and "Stage Plot" below. These are the most current and
up4o-date.
Monitors
1. We will be traveling with our own MON console.
2. On stage, we will require one quad box of power (@20
amps) at our Mon rack to power the desk and our IEM rack.
1. We will have with us our own DiGiCo SD9 at FOH. The
console will sit on top of our outboard rack, and the footprint is
very small (6' x 6'). Please have room in your area or booth for
this to happen.
2. We will require one power drop at our FOH console.
3. Let us know if there will be any problems setting up our
desk at FOH and running our CAT5 audio snake to the stage.
4. Our FOH engineer will need to be able to access
the venue PA (Left, Right, Front Fill and Subs) from the FOH
location.
5. We will have playback music for the entire evening.
On Stage
1. Please have stage power ready. Upstage and downstage
as our Stage Plot indicates.
4B. FLY DATES, when we are using YOUR GEAR.
We will be using your house mixing consoles.
We will mix FOH and YOU will be mixing our monitors.
Acceptable digital mixing consoles for FOH and Monitors are:
DigiCo SD9, SD10, SD12, Avid Profile or Venue, Midas,
Yamaha CL5. Please check with us as to what is available
that day.
We prefer not to share gain between consoles.
YOUR Engineer will be mixing the bands In the Ear Monitors
on stage.
The following IEM system is acceptable for Monitors:
DocuSign Envelope ID: 102F7077-15BB-4BE4-AA1E-FC16B38ADB99
Shure PSM 1000, or like branded, with 4 belt packs and 1
wired IEM for drums, if possible. One of the mixes will be for
our Stage Manager. We will have our own custom ear molds.
Day of show we will work with you on who wants what.
Simple.
PLEASE HAVE AUDIO ENGINEER REVIEW AND RESPOND.
5. Risers:
We require one 8 x 8 drum riser with a height between 18 and 24 inches. We
can set the rest of the band on the deck. Please confirm that you have a riser
available.
6. Lighting:
We will NOT have a lighting person with us. Please confirm that you will
provide an LD for our show and the openers. I will be happy to answer any of
his/her questions on the day of the show and provide a set list with some
ideas of tempos, solos, etc. The light rig should be in place before our load in,
be in good working order, with decent gels and tight yokes, and with all lamps
working properly. We are looking to create some symmetry and mood. And if
there is a "ladder" focus situation at this venue, please have the LD get a
basic start ahead of our arrival. Once we arrive, backline will need to hit the
stage with no delays.
7. Runner &Hands:
We typically utze a runner just to transport our bus driver to and from the
hotel, and for a few small errands. On MOST days, this is all we need, and it
may not be necessary to schedule a runner for the full (11 or 12) hour day
unless you have them shopping for Dressing room stuff, and other odd jobs,
etc. Let me know how you want to address the RUNNER situation.
As a municipal venue attempting to reduce our carbon footprint located iri a
small, walkable town, we do not provide a car runner. Some lodging is
located within a block of the venue and many hotels offer shuttle service. An
artist services staff member will be present day of show, beginning 2 hrs prior
to artist arrival. We recommend advancing as many requests as possible
prior to arrival, as our remote mountain town has limited shopping and items
might not be available for last minute purchase.
We require 4 dedicated loaders for load in and load out. They will be required
to lift and load all gear in and out of the trailer under the supervision of our
production manager and transport our gear to and from the stage and our
trailer.
DocuSign Envelope ID: 102F7077-15BB-4BE4-AA1 E-FC16B38ADB99
8. Hotel Accommodations:
I would love to know if you guys have any discount deal/relationships with any
r r r 1 r 11 1 r r .
9. Merchandise
We will not be traveling with a merch person. We may set up a small merch
display where fans can order merch through a OR code. There will be no
actual merch sales at the gig.
Please email me the following:
Location of the merch area: the Vault Bar Lobby (2nd floor)
If we have access to tables, chairs, lighting: Standard set-up includes two 6ft
tables wl gray linens and two chairs provided. Limited lobby lighting (primarily
architectural).
and if you have display grids or dedicated merch wall we can use. No, as a
historic venue, display items must be free standing, nothing can be adhered
to, leaned against, or otherwise affixed to the walls, windows & molding, etc.
10. Dressina Room & Hospitality
We require a private, secure dressing room for our band and crew to use
upon arrival to be used exclusively by us for the balance of the day. Access
to the back of house via key coded doors, including to the dressing room
hallways. Individual dressing rooms remain unlocked. Security staff can be
requested. Please have the dressing room set up at that time with food, all
drinks, and seating to accommodate a minimum of 8 adults. We require a
private bathroom and don't forget a trash can in the dressing room.
Our DRESSING ROOM RIDER list is attached to this e-mailwill
email you the day before our gig if we need to make any adjustments to the
hospitality.
11. Dietary Restrictions !Food Allergies
We have one person in our crew who is gluten
-free, so please provide at least
one gluten -free meal. Other than that, we don't have any other significant food
allergies or concerns.
1 Z. Dinner Buyout &Head Count
A $30 buyout per person (band and crew} will be a suitable replacement far a
catered dinner. OUR HEAD COUNT IS 6. Catered lunch and dinner are fine
with us if you prefer. If you do catered meals we may be able to trim some of
the hospitality rider. Please confirm with me if you will be catering lunch and
or dinner and what will be served. To be determined during advance, if hot
meals requested, they will be provided by the modern, rustic gastropub
Aspen Public House, located inside our historic venue.
DocuSign Envelope ID: 102F7077-15BB-4BE4-AA1 E-FC16B38ADB99
13. Guest List
Our contract calls for 50 six (6) tickets to be made available to the band for
our guest list. (I typically provide our guest list the day of the show - please
provide the list 24hrs in advnace of show so we can release any unused
comps) We might not need that many, so let me know if you need us to
release any closer to the show.
14. Settlement
We will NOT need cash at settlement. We need to receive the balance of our
compensation in the form of a CHECK payable to Big Head Todd and the
Monsters, INC. W-9 is below (PDF 6). FYI if you withhold taxes from the
settlement payment, WE REQUIRE STATE TAX WITHHOLDING
PAPERWORK AT SETTLEMENT.
'15. Riders /PDF Attachments
Below (attached to this e-mail) you will find 6 PDF ATTACHMENTS relevant
to our production:
1 -Dressing Room
2 - Backline
3 - Input List
4 - Stage Plot / Band and Crew Names
5 — Security / Audio, Video and Photography policies
6 - W-9
The Attached PDFs are the most up-to-date and accurate forms we have and
may be different from what was sent in our original contract. Please pass
them on to whoever would benefit from having it. That can save us a ton of
time. Let me know if the 6 PDF's did NOT come through.
Thanks, and please get back to me with questions and answers ASAP
Dave Feirn
Tour ManagerlProduction Manager
Big Head Todd and the Monsters
Mobile: 612-578-6027
DocuSign Envelope ID: 102F7077-15BB-4BE4-AA1 E-FC16B38ADB99
IV. CANCELLATION
Artist has the privilege of cancellation by giving thirty (30 days) written notice to
Purchaser.
PARTS 1, II AND III and IV ACCEPTED AND AGREED TO EXCEPT AS NOTED:
DocuSfgned by:
Sa.lra G, l9�
PurcTaser
Sara G. ott City Manager
(PrintName&Title
12/1/2023 � 7:03:04 AM PST
Date
Phone
11/14/23
for Big Head Todd and the Monsters Date
DocuSign Envelope ID: 102F7077-15BB-4BE4-AA1E-FC16B38ADB99
As part of our Waste Less at the Wheeler sustainability initiative,
we strive to maximize sustainability and minimize waste
without diminishing your experience at the Wheeler.
Please "request responsibly" - let us know of changes to quantity and items for green
room hospitality. We will provide compostable products and stainless steel water bottles
for your time in venue; filtered water dispensers are available in the back of house.
Located 41 miles from Glenwood Springs and the nearest big box stores, availability of
name brands and options may be limited at our venue.
- Malia Machado, Programs Administrator, 970-309-9407, maiia.maehado@aspen.gov
BHTNT DRESSING ROOA�I REQL?IREi�TENTS
For questions. subtitutions. or cuts contact Day.fe Feint at (612)>78-60?7 or eoobraa l (a rahoo.com.
PLEASE AT OR BEFORE LOAD IN TINIE-
BEVERAGES:
1 COFFEE A_ND HOT TEA SETUP
1 SIX PACK OF NATURAL COLA (Hansens or Whole Foods Brand, please no Stevia varieties)
1 SIX PACK OF DIET COKE OR DIET DR PEPPER
2 ItIEDILm'I BOTTLES OF COCONUT WATER (haI7211ess hal-mvest, ZICO, or similar)
2 MEDIUM BOTTLES OF ASSORTED KOMBUCHA (GT`S, Kevita, or Store brands are fine.)
2 CASES OF PLASTIC BOTTLED SPRING WATER (11. or 16 oz bottles)
1 4-PACK OF SUGAR -FREE RED BULL
1 QUART OF CRANBERRI' JUICE COCKTAIL
1 QUART OF RUBI' RED GRAPEFRUIT JUICE or ORANGE JUICE
1 CASE OF MIMED BEER (Corona, Stella Artois. Glloluless, or a tasty local nlicrobre«are all fine)
2 BOTTLES OF CABERI�TET (<$1S) or 1 Uo�; of "qualit%y" red (black box or soilietlung)
1 LITER BOTTLE OF VODKA (Gray Goose, Ketel One, Stolichnaya, or Titos)
FOOD:
IF there is catered lunch alld dituler for olu� then it's ok to skip this first paragraph.
Please Ilse quality 02'gaI11C Upgrades or deli meats when possible.
1 LOAF OF �'�'HEAT BREAD
1 PACK OF FLOUR TORTILLAS
No
1 160Z JAR OF NATURAL PEANUT BUTTER, CRUNCHY (Jif, Sloppy, ti��liatever.)
1 10-180Z JAR OF PRESERVES or "SPREADABLE FRUIT" (Smackers, ��'elclls, Dickinson's, whatever)
8 OZ OF EACH DELI ITEM - (Turkrey, haiu, salami, roast beef) or one package of each. (Boar's Head or similar)
8 OZ OF EACH DELI CHEESE SLICES (cheddar. swiss, or American) or one package of each. (Sargento, Kraft.)
2 TOMATOES
2 AVOCADOS
SOME LETTUCE THAT WOULD WORK IN THIS SANDWICH WE'RE IVIAKING
1 SI�'IALL BOTTLE OF SQUEEZE NTAI'ONNAISE
1 SMALL BOTTLE OF SQUEEZE DIJOti' MUSTARD or quality brovNn mustard
1 SMALL JAR OF SANDWICH PICKLES
DocuSign Envelope ID: 102F7077-15BB-4BE4-AA1 E-FC16B38ADB99
but these things ALWAYS.
3 LIIYIES
1 SMALL ASSORTED VEGGIE TRAY
1 SNIAI,L ASSORTMENT OF FRESH FRUIT (apples, oranges, pea>d s, peaches, etc.)
1 BOX OF FRUIT OR NUT HEALTH BARS (Kind, Nature's Bakery, or similar)
2 LARGE BAGS FROM THE CHIP AISLE (your pick - Cheetos, Boulder Potato Chips, Any good Tortilla
Chips, Chili Cheese Fritos, Chex Mix, Snyder's of Hanover, or Stacy's Pita Chips)
110oz SABRA HUMMMMUS DIP (or similar, your choice of flavor)
1 other SMALL VEGGIE/CHIP DIP (runners choice!)
112 OZ BAG OF HERSHEY'S MINIATURES (or ROLOS, or PLAIN M&MS, or a bag of assorted
GHIARDELLI SQUARES, you get it.)
2 PACKS OF TRIDENT BLUE SUGAR FREE CHEWING GUM (oi• something similai)1 24-pack of 16 OZ
SOLO CUPS (Please CLEAR or BLACK no RED or BLUE.)
12 CLEAN HAND TOWELS that have been washed at least once.
DISPOSABLE COIVIPOSTABLE PLATES, PLASTICWARE ITT SSILS, NAPKINS, PAPER TOWES.
CLEAN/DRINK ICE
BOTTLE OPENER/ WINE OPENER
maybe some chairs and a table if you have some.
Other Stuff
- AsS02-ted Me1111S frOI11 local restal1ra11tS that deliver, for after -show food, if available.
- Promoter shall provide a hot dinner (not pizza again l) in a private area for Six (6) people as per the advance. One meal
must be gluten free.
- Tour Manager will advance meal times and menu.
- Promoter will provide after show food to be ordered by Artist from menus provided in dressing room.
TOUR BLTS REQUIREMENTS:
If Artist is touring on a bus, Promoter shall provide the fallowing items to be placed on the bus during load -out:
- (1 - '1)20 lb. bags of clean ice or available venue ice.
- (1) case of quality bottled water.
AGAIN, PLEASE HAVE THESE FOOD AND BEVERAGE ITEMS IN DRESSING GREEN ROOM BIB LOAD IN TI VV�.
Thanks for your help t r t
DocuSign Envelope ID: 102F7077-15BB-4BE4-AA1 E-FC16B38ADB99
L!/ Vwl V1 11 \1ViLL1. ► ,,,o backline rental needed, 11113
BACKLINE EQUIPMENT RENTAL REQUIREMENT RIDER (2020)
Guitar Rig —Todd Park Mohr
(WE NEED ONE AMP FOR THE STAGE & A BACKUP AMP — listed in order of preference)
1. '64 Custom Deluxe Reverb®
2. '65 Deluxe Reverb®
3. Tone Master® Deluxe Reverb®
4. Hot Rod Deluxe TM IV
5. Hot Rod DeVilleTM 212 IV
6. Any Fender Deluxe Reverb or Deville
We would appreciate a backup amp in case we have any trouble with the primacy amp. (TOTAL OF 2)
Bass Rig —Rob Squires
One (1} SWR Goliath Pro 4 x 10 Speaker Cabinet w/ speaker cable
One (1) SWR Big Ben 15" Speaker Cabinet (Sub a Working Pro 15" or a 2nd
4 x 10" Cab) w/ speaker cable
One (1) SWR SM-900 Amp Head (sub an SM 400) w/ power cable
Drum Kit —Brian Nevin
DW Ihlims and Sabian Cymbals preferred but any "quality'" dnim kit with goods heads will suffice. Single
ply/coated heads on all drums are preferred (e.g. Remo Ambassador). If heads are in good shape no need for
new ones.
one (1) - 22" kick dram
one (1) - 12" rack tom, one (1) 14" floor tom, one (1) 16" floor tom
one (1) - 5 1/2" or 5" x 14" snare drum
one (1) - 5 1 /2" or 5" x 13 snare drum
one (1) - pair of 14" lu hat cymbals
one (1) - 20" ride cymbal
two (2) - crash cymbals 17", 18" or 19" preferred
one (1) - high hat stand
four (4) - cymbal stands
one (1) - single kick pedal
one (1) - fully adjustable drum throne
one (1) — 8x8 Drum Riser (between 12" & 18" high -if suitable for stage size)
one (1) — Black drum rug that will cover the majority of an 8'x8' Drum Riser
--- more ---
DocuSign Envelope ID: 102F7077-15BB-4BE4-AA1 E-FC16B38ADB99
BACKLINE EQUIPMENT RENTAL REQUIREMENT RIDER (2020)
Keyboards —Jeremy Lawton
1 Hammond B-3 Organ and Leslie 147 or 122 Speaker.
NO BENCH, NO PEDALS necessary.
If you have a B-3 that can do FOOTSWITCH leslie speed, that's great. If not, no problem.
1 88-key Weighted Keyboard Controller, to be placed on the top of the Organ.
KURZWEIL PC3, PC2X, or PC1X preferred.
NORD STAGE 88, NORD ELECTRO 3,4 or 5 are fine too.
ROLAND RD-700 or RD-300 are last choice.
Please include the power cable, I sustain pedal, and 1 expression pedal,
(like a Roland EV-5.)
1 Fender '65 Deluxe reissue or
Fender not Rod Deluxe or
Hot Rod Deville 2x12 or
Hot Rod Deville 4x10
1 X-type Keyboard Bench (the padded black kind, like Quik Lok etc.)
You can sub a (non -tractor) Drum throne if you have to.
IF you can't get a real organ, bring an additional
Nord Electro 3949 or 5 or Hammond XK-3 or Roland VK-8 and a
TREK II UC-lA Preamp Pedal, All the necessary cables, and an additional
Expression pedal, (like Roland EV-5.) If you're bringing this "organ substitute",bring a TW0-TIER
FOLDING X-TYPE STAND like QUIK-LOK, etc. to put the 88-key controller and the organ
substitue on. Please no monolith "purple rain" or "smooth jazz" or "Reggae tribute band" style stands.
* * * * * * The grand total of combo amps on this entire list is TWO, plus a SPARE, totaling Three on stage.
Guitar World -- Four guitar stands and one "ULTRACASE guitar boat", to hold at
least 6 guitars. A few dead cases available/accessible to build a cool guitar
world. We request that a representative of the rental gear be present until the
conclusion of our sound check in case of any technical troubles. Thanks!
--- end ---
DocuSign Envelope ID: 102F7077.1513134BE4-AA1 E-FC161338AD1399
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INPUT 4 Piece
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INPUT
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CHANNELS
MICROPHONE
Shure Beta 2A
short
STAND
round base boom
1.
shorti
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short
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Condenser Mic
short
tripod boom
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OPEN
Overhead L �
SR
Condenser Mic
tall tripod boorn--
Overhead •
ondenser Mic
iF
tall tripod boom
Bass Direct
Guitar Amp 1
R
e906,
iSW57,
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Leslie Hiqh L
SW57, -• a e609
tall tripod
boom
,Leslie
Highr
e9O6, -.•—tall
tripod •,.
Leslie Low
Shure Beta 52A, RE40
short
tripod boom
Lap Steel Amp
SW57, e9O6, e6O9
short
tripod boom
Bass Vocali
• Rob
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tall tripod
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Guitar Vocal
DSC Todd
tall tripod i boom
Key Vocal=DSL Jeremy
tall tripod boom
Guest Vocalj
81 Sw58
tall tripod
boom
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DocuSign Envelope ID: 102F7077-15BB-4BE4-AA1 E-FC16B38ADB99
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