HomeMy WebLinkAboutCAG2021-245 - Original - Darrius Willrich - 2021 Summer Concert Series - 07/08/2021ApprovalOriginator:Department:
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Director or Designee Mayor
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Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? Yes No*
Business License Verification: Yes In-Process Exempt (KCC 5.01.045)
If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
Yes No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
Dir Asst:
Sup/Mgr:
Dir/Dep:
rev. 20210218
FOR CITY OF KENT OFFICIAL USE ONLY
(Optional)
* Memo to Mayor must be attached
N/A
N/A
4
04/02/2021
Original2433672
Parks, Recreation & Community ServicesRonda Billerbeck
07/08/2021
4
4
ASAP
07/08/2021
N/A
4
Other
10006222.64190.4310
ContractDarrius Willrich
$2,000.00
N/A
4
4
LH
JP
PERFORMANCE AGREEMENT - 1
(between City and Artist)
PERFORMANCE AGREEMENT
between the City of Kent and
Darrius Willrich
THIS PERFORMANCE AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Darrius Willrich (the “Contractor”), organized under the laws of the State of Washington,
located and doing business at 2600 Thorndyke Ave W #111, Seattle WA 98199.
I. 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: 7:00 p.m./90 minutes/8:30 p.m.
Day, Date, Year: Thursday, July 8, 2021
Event Location: Lake Meridian Park, 14800 SE 272nd 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 performance. Artist
will provide sales staff and retain 100% of the receipts.
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.
II. COMPENSATION. The City shall pay Contractor the total sum of $2,000.00 for the work to be performed
under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. The full
amount will be paid by the City on the day of the performance and remitted to Darrius Willrich at Lake Meridian Park.
III. 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.
IV. 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 I. 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; Contractor will provide technical requirements no later than 60 days prior to
performance date.*
Lights: City will provide general lighting as needed.
Dressing Rooms: None available.
Technical Staff: City will provide sound technician.
*All as specifically described in attachment B.
V. 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.
VI. 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.
VII. 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
PERFORMANCE AGREEMENT - 2
(between City and Artist)
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.
VIII. 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.
IX. DISCRIMINATION. In the performance of work under this Agreement or any subcontract, the 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.
X. 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.
XI. 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.
XII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its Contractors to
use recycled and recyclable products whenever practicable. A price preference may be available for any designated
recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants
and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more
instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the
same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim
arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim,
shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King
County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or
lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and
attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided
by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification as
provided for by this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder
shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be
deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may
be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-
assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement
shall continue in full force and effect and no further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be
binding unless in writing and signed by a duly authorized representative of the City and Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such
statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this
Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in
PERFORMANCE AGREEMENT - 3
(between City and Artist)
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:
By:
Print Name:
Its
DATE:
CITY OF KENT:
By:
Print Name:
Its:
DATE:
NOTICES TO BE SENT TO:
CONTRACTOR:
Darrius Willrich
2600 Thorndyke Ave W #111
Seattle WA 98199
(206) 501-8441 (telephone)
darriuswillrich@gmail.com (email)
NOTICES TO BE SENT TO:
CITY OF KENT:
Ronda Billerbeck
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5055 (telephone)
rbillerbeck@kentwa.gov (email)
Lori Hogan (Apr 2, 2021 15:54 PDT)
Recreation and Cultural Services Supt
4-2-21
Lori Hogan
Band leader artist
Darrius Willrich
05/18/2021
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
Representation: Aladdin Artists, 244 Fifth Avenue Suite 2923 New York, NY 10001 Ph: 212.340.1147
Em:aladdin@rlgant.com.com www.rlgant.com
SOUND AND LIGHT REQUIREMENTS SHEET
Please contact Critical Sun LLC to discuss sound and lighting needs for your show. We are happy to
accommodate what you have, but we do require some basic minimums. These are easily altered
depending on whether Darrius is playing with a trio or full group.
IF YOU HAVE A SMALLER VENUE WE CAN BEND ON SOME OF THESE ITEMS.
PLEASE CONTACT US IN ADVANCE WITH THE ITEMS LACKING SO WE CAN
PREPARE PROPERLY OR SUPPLEMENT YOUR EXISTING GEAR.
Minimum Lighting Requirements
• NO FLUORESCENT/ NO NEON LIGHTS! Darrius must have some form of stage lighting,
whether it be sufficient ambient room lighting, track lighting or professional spot/flood fixtures. Mood
lighting (candles, ceiling trim lights, Christmas lighting) is always welcomed in addition.
• No video or arcade games powered-up anywhere near the performance area and no televisions on.
Minimum Monitor System Requirements
• Two (2) 4 Channel Console capable of at least five separate monitor mixes
• Two (2) 31 Band EQ’s
• Seven (7) 15x1 biamped monitors with 2” horns and with a minimum of 250 watts of amplification
per monitor.
Minimum Front Of House (FOH) Requirements
• One (1) 16 Channel Console with 4 independent auxiliary sends and 4 band EQ.
• One (1) 31 Band Stereo FOH EQ
• Two (2) channels of compression on channel inserts (if possible)
• Two (2) channels of frequency-selective gates on inserts
• One (1) Reverb Processors (Lexicon or Yamaha if possible)
• The FOH must be operated by an experienced live audio engineer.
Miscellaneous Items
• Front of House should have correct and fully functioning speakers placed in good relationship to
the stage and the venue for the best sound.
• Important to keep stage volume at a medium to low ratio as Darrius uses an acoustic piano
for some shows and feedback as well as muffled tones will occur easily if the stage is too hot.
Microphone / DI set up
Drummer Bass Player
1 Kick Mic (D112 or Equiv.) 1 Bass Cabinet Mic (D112 or Equiv)
2 Snare Mic (Shure SM57 or Equiv.) 1 D.I. Box
2 Tom Mics (AKG 421 or Equiv.) Lead Vocal/ Keys
2 Over head Mic (ATM33R or Equiv.) 1 Vocal Mic (Shure SM58 or Equiv.)
1 Vocal Mic (Shure SM58 or similar) (Sometimes Piano and Rhodes Piano used)
Guitarist 1 D.I. Box Keys 1
1 Mic (amp) (Shure 57 or Similar) 1 D.I. Box Keys 2
1 Mic (B. Vox) (Shure SM58 or similar) Backing Vocalists / Brass Players
1 Mic (amp) (Shure 57 or Similar) 4 Microphones (Shure 58 or equivalents)
EXHIBIT B
Representation: Aladdin Artists, 244 Fifth Avenue Suite 2923 New York, NY 10001 Ph: 212.340.1147
Em:aladdin@rlgant.com.com www.rlgant.com
INPUT LIST
CH.
#
Real
#
Mntr
# Instrument Mic Stand Staging Insert Comment Symbol
1 Kick D112 Small Boom U.S.C. KICK
2 Snare 1 Shure Sm57 Small Boom U.S.C. Gate SN1
3 Snare 2 Shure SM57 Small Boom U.S.C SN2
4 Rack Tom 1
Seinheiser
604 Small Boom U.S.C. RT 1
5 Floor Tom
Seinheiser
421 Small Boom U.S.C. FT
6 Over Head SL ATM 33R Long Boom U.S.C. OH<
7 Over Head SR ATM 33R Long Boom U.S.C. OH>
8 Drum Vocal Shure SM58 Long Boom U.S.C. DRUM
VOX
9 Bass Mic
Beta 52 or
D112 Small Boom U.S.R. COMP 2 BASS
MIC
10 Bass D.I. Active D.I. D.I. Box U.S.R. COMP 1 BASS
DI
11 Lead Vocals Shure SM58 Long Boom D.S.C. LEAD
VOX
12 Keyboard input 1 Active D.I. D.I. Box D.S.C. KEY 1
13 Keyboard input 2 Active D.I. D.I. Box D.S.C. KEY 2
14 Electric Guitar Shure SM57 Long Boom U.S.L. GUIT
15 Backing Vocal 1 Shure SM58 Long Boom U.S.R. B VOX 1
16 Backing Vocal 2 Shure SM58 Long Boom U.S.R. B VOX 2
17 Brass 1 Shure SM58 Long Boom U.S.L. BRASS 1
18 Brass 2 Shure SM58 Long Boom U.S.L. BRASS 2
DEFINITIONS TABLE DEF TABLE 2.
NAMES NOTES
U.S.R - Up Stage Right EL.GT.–Electric Guitar L. VOX / KEYS Band requires half hour in which to do a proper sound check.
U.S.L - Up Stage Left. MIC - Microphone DARRIUS Stage volume level should be lower for the acoustic to avoid
excess feedback.
U.S.C. - Up Stage Center OH - Over Head
Below players
subject to change
per show. Band will have 8 bottles of water on stage prior to show.
D.S.R. - Down Stage Right FL - Floor Tom DRUMS We expect all wiring and technical matters to have been
D.S.L. - Down Stage Left RT - Rack Tom GUITAR dealt with by the time Darrius arrive besides those of connecting
D.S.C. - Down Stage Center SN - Snare Drum BASS Our basic gear to your DI boxes and those types of wiring.
COMP - Compression Effect KICK - Bass Drum B. VOX 1 NO LESS THAN 16 CHANNEL MIXING CONSOLE
GATE - Gate effect HH - Hi Hat B VOX 2 MIN. 6 SEPARATE MONITOR MIXES
D.I. - Direct Input Box BOOM - Mic Stand HORN 1 PLEASE REVIEW STAGE PLOT AND CONTACT
AC. GT. – Acoustic guitar MNTR - Monitor HORN 2 US IN ADVANCE WITH ANY ISSUES OR CHANGES.
EXHIBIT B - pg. 2
Representation: Aladdin Artists, 244 Fifth Avenue Suite 2923 New York, NY 10001 Ph: 212.340.1147
Em:aladdin@rlgant.com.com www.rlgant.com
BASS AMP
11
17
MONITOR
18
9
10
DI BOXGUITAR AMP
14
DRUM
MONITOR
KEYS 1
KEYS
2 or
PIANO
1 4
25
3
12
DI BOX
13
DI BOX
8
76
MONITOR
15
MONITOR
MONITOR
MONITOR MONITOR MONITOR
16
STAGE PLOT
DARRIUS CONTACT INFORMATION
PHONE: 206-501-8441
EMAIL: info@criticalsun.com
WEB: www.darriuswillrich.com
MYS: myspace.com/darriuswillrich
REP SITE: www.criticalsun.com
CH. # Instrument Mic Preference
1 Kick D112
2 Snare Shure SM57
3 Snare 2 Shure SM57
4 Rack Tom 1 Senn 604
5 Floor Tom Senn 421
6 Over Head L ATM 33R
7 Over Head R ATM 33R
8 Drum Vocal Shure SM58
9 Bass Mic Beta 52 or D112
10 Bass D.I. Active D.I.
11 L Vox - Darrius Shure SM58
12 Keys 1 D.I. Active D.I.
13 Keys 2 D.I. Active D.I.
14 Electric Guitar Shure SM57
15 Backing Vocal 1 Shure SM58
16 Backing Vocal 2 Shure SM58
17 Brass 1 Shure SM58
18 Brass 2 Shure SM58
NOTES:
• Please DI and Mic bass amp when possible
• 6 separate monitor mixes preferred
• Please supply a solid, level and grounded
stage as well as a level drum riser.
• Keyboard 1 may be replaced with a piano or
Rhodes piano. Please microphone accordingly.
• Horns may differ, please microphone
accordingly.
• Please supply a qualified engineer and
sufficient time to sound check and get all
appropriate levels for the room.
• Darrius may bring in hired players for
designated dates. Seven (7) music stands
may be required.
FULL INPUT LIST AND SOUND AND LIGHTS SHEET
AVAILABLE ON REQUEST.
EXHIBIT B - pg. 3
Signature:
Email:
Signature:
Email:
Signature:
Email:
Signature:
Email:
rlashley@kentwa.gov
Julie Parascondola (May 20, 2021 10:54 PDT)
Julie Parascondola
jparascondola@kentwa.gov
kkomoto@kentwa.gov
Melissa McCormick (May 20, 2021 13:39 PDT)
Melissa McCormick
cityclerk@kentwa.gov
DarriusWillrich_SCS_Contract
Final Audit Report 2021-05-20
Created:2021-04-02
By:Ronda D Billerbeck (rbillerbeck@kentwa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA5UNdOHexchkcE2mtAK2LPdfP34lholkg
"DarriusWillrich_SCS_Contract" History
Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov)
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Agreement completed.
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