HomeMy WebLinkAboutCAG2022-151 - Original - Damn Tall Buildings, LLC - 2022 Summer Concert Series: Damn Tall Buildings - 08/04/2022ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee
Date of Council Approval:
Grant? Yes No
Type:Review/Signatures/RoutingComments:
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
Sup/Mgr:
rev. 20210513
FOR CITY OF KENT OFFICIAL USE ONLY
* Memo to Mayor must be attached
Jan Apple
4
Ronda Billerbeck Parks, Recreation & Community Services
04/06/2022 ASAP
N/A
10006222.64190.4310
4
4
N/A
Contract
2480289 Original
08/04/2022
Other
08/04/2022
4
4
4
$2,500.00
4/19/22
PERFORMANCE AGREEMENT - 1
(between City and Artist, through Artist’s Agent)
PERFORMANCE AGREEMENT
between the City of Kent and
Damn Tall Buildings, LLC, c/o Myriad Artists LLC
THIS PERFORMANCE AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Damn Tall Buildings (the “Contractor”), doing business through Myriad Artists, LLC
organized under the laws of the State of North Carolina, located and doing business at P.O. Box 550, Carrboro, NC 27510
(the "Agent").
I. DELEGATED AUTHORITY. Contractor is an artist who has acquired the services of Agent to manage
performance bookings. By signing this Agreement for Contractor, Agent warrants that Contractor has delegated and
assigned authority to Agent to contractually bind Contractor to scheduled performances, including the performance(s)
provided for herein and under the terms of this Agreement. Agent agrees to defend, indemnify, and hold the City harmless
from any and all claims, damages, losses, or suits resulting from any allegation that Agent has exceeded its authority to
enter into this Agreement on Contractor’s behalf.
II. DESCRIPTION OF WORK. Contractor shall perform the following event for the City:
Description: 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, August 4, 2022
Event Location: Lake Meridian Park 14800 SE 272nd Street, Kent, WA 98042
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.
III. COMPENSATION. The City shall pay Contractor the total sum of $2,500.00 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 Damn Tall Buildings, LLC at Lake Meridian
Park.
IV. PRESS MATERIALS. Contractor agrees to provide to the City where appropriate, at his or her own
expense, complete press materials, including hard copy or high-resolution electronic photographs, biographic
descriptions, and program materials, not less than six (6) weeks prior to the initial event date for the City’s use in
promoting the event. All publicity and promotional materials regarding the event released to the media or public by the
Contractor shall credit the City of Kent for its support of the event or project.
V. PERFORMANCE SPACE. The City agrees to furnish, at its sole cost and expense, a place of
performance on the date(s) and at the time(s) contained in Section II. The City shall also provide ushers, house manager,
and box office staff and any additional services and personnel as required by the City, for the efficient operation of the
engagement. Other arrangements will be the responsibility of the City and Contractor as follows below:
Venue: City will provide covered outdoor stage.
Sound: City will provide; Contractor will provide technical requirements no later than 60 days prior to
performance date.
Lights: N/A
Dressing Rooms: None available.
Technical Staff: City will provide sound technician.
*All as specifically described in attachment B.
VI. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer
Relationship will be created by this Agreement, and that the Contractor has the ability to control and direct the
performance and details of its work, the City being interested primarily only in the results obtained under this Agreement
and compliance with its terms and conditions.
PERFORMANCE AGREEMENT - 2
(between City and Artist, through Artist’s Agent)
VII. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall be responsible for the safety of its
employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose.
VIII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal
costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for
that portion of the injuries and damages caused by the City's negligence, including assertions that the use or transfer of
any software, book, document, report, film, tape or sound reproduction delivered in accordance with this Agreement
constitutes an infringement of any copyright, patent trademark, trade name, or otherwise results in unfair trade practices.
The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of
these covenants of indemnification.
The provisions of this section shall survive the expiration or termination of this Agreement.
IX. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of
the types and in the amounts described in Exhibit A attached and incorporated by this reference.
X. DISCRIMINATION. In the performance of work under this Agreement or any subcontract, the Contractor
and Agent 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.
XI. TERMINATION AND BREACH. Either party may terminate this Agreement, with or without cause, upon
providing the other party ninety (90) days written notice at its address set forth on the signature block of this Agreement.
All costs incurred by the City due to Contractor’s failure to comply with the terms and conditions of this Agreement shall be
the responsibility of the Contractor. The City may deduct its costs from any payments due to the Contractor or pro-rate
the Agreement amount based upon the actual time of Contractor’s performance compared to the contracted performance
schedule.
XII. IMPOSSIBILITY OF PERFORMANCE. Indoor performances may be dependent upon a facility which the
City may or may not have control over. Outdoor performances are considered "rain or shine." In the event that extreme
inclement weather renders and outdoor performance impossible, or an indoor facility unexpectedly becomes unavailable,
the city will attempt to arrange an alternate performance space and Contractor will employ its best efforts to provide the
contract work in that alternate performance space. Neither party shall be under liability for failure to perform in the event
that such failure is caused by or due to acts or regulations of public authorities, civil tumult, strike, epidemic or any other
cause beyond the control of either party. In the event of failure to perform as provided in this section, neither party shall be
liable for the balance of the Agreement.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its Contractors to
use recycled and recyclable products whenever practicable. A price preference may be available for any designated
recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants
and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more
instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the
same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim
arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim,
shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King
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.
PERFORMANCE AGREEMENT - 3
(between City and Artist, through Artist’s Agent)
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be
binding unless in writing and signed by a duly authorized representative of the City and Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such
statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this
Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in
any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement
shall prevail.
H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules,
and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and
personnel engaged in operations covered by this Agreement or arising out of the performance of this Agreement.
I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall
constitute an original, and all of which will together constitute this one Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date
entered below.
CONTRACTOR:
By:
Print Name:
Its
DATE:
CITY OF KENT:
By:
Print Name:
Its:
DATE:
NOTICES TO BE SENT TO:
CONTRACTOR:
Max Capistran
C/o Myriad Artists, LLC
P.O. Box 550
Carrboro, NC 27510
919-967-8655 (telephone)
trish@myriadartists.com (email)
NOTICES TO BE SENT TO:
CITY OF KENT:
Ronda Billerbeck, Cultural Programs Manager
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5055 (telephone)
rbillerbeck@kentwa.gov (email)
ATTEST:
______________________________________________
Kent City Clerk
Lori Hogan (Apr 15, 2022 13:16 PDT)
Recreation and Cultural Services Supt
Lori Hogan
4/15/22
Max Capistran (Apr 19, 2022 15:24 EDT)
Max Capistran
4/19/22
Artist
Max Capistran
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
DAMN TALL BUILDINGS RIDER
1. BILLING
A. DAMN TALL BUILDINGS shall receive 100% sole exclusive headline billing (or 100%
equal co-billing for festivals) in any and all advertising and publicity.
B. ARTIST shall be billed as DAMN TALL BUILDINGS.
C. ARTIST shall close the show at each performance during the engagement unless
specifically provided herein.
D. ARTIST reserves the right to approve any attraction on this program.
2. PAYMENT
A. All payments provided hereunder shall be made in cash or certified funds. Any and all
payments shall be made in U.S. currency unless otherwise specified on the face of the
contract. Deposits shall be made in certified funds payable to MYRIAD ARTISTS.
Payments to Artist shall be made payable to DAMN TALL BUILDINGS LLC.
B. All payments shall be made as provided herein. In the event PURCHASER fails to make
payments at or before the time stipulated, ARTIST shall have the right to withhold
performance without prejudice to his/her rights hereunder.
C. PURCHASER shall make all payments to ARTIST in a secured,
private area which cannot be observed by anyone, either staff or audience.
3. TICKETS
A. PURCHASER to furnish a box office statement and unsold tickets or computer printout
after the show has started. The release of any box office information (gross ticket sales,
attendance, etc.) to any individual, media or trade publication without the express
written consent of MYRIAD ARTISTS is strictly prohibited.
B. PURCHASER agrees to make 10 complimentary tickets available to ARTIST or ARTIST’S
representative, MYRIAD ARTISTS, the unused portion of which may be placed on sale the
day of performance with the permission of ARTIST or ARTIST’S representative.
C. PURCHASER agrees to allot no more than 2% of total available seats as complimentary
tickets (indoor events only).
4. PUBLICITY AND ADVERTISING
A. PURCHASER shall use only those photographs and publicity materials provided by
Artist’s representative for advertising and publicizing this engagement.
B. PURCHASER shall provide ARTIST with website address or other ticket purchase
information for the event as soon as offer has been accepted and agreed to by emailing
damntallbuildings@gmail.com.
C. No interviews with ARTIST are to take place on the day of
EXHIBIT B
performance without the prior consent of ARTIST or ARTIST’S REPRESENTATIVE.
D. There will be no audio taping, video taping or broadcasting of DAMN TALL BUILDINGS’
performance by ticket buyers or any other party, without express written consent of
ARTIST.
5. CANCELLATION
A. In the event this engagement is not presented on the day and time scheduled
because of inclement weather, the ARTIST shall be paid in full provided they are present
and ready to perform.
B. ARTIST'S obligations hereunder are subject to detention or prevention by sickness,
inability to perform, accident, means of transportation, Act of God, riots, strikes and
labor disputes, epidemics, and any order or act of public authority, or any other cause
similar or dissimilar, beyond ARTIST'S control.
6. MERCHANDISE
Unless otherwise stated herein, ARTIST shall have exclusive rights to and full control in and
about the venue of any and all merchandise bearing ARTIST’s name and/or likeness, including
but not limited to compact discs, DVD’s, articles of clothing and souvenir photos. All receipts
derived from sale of said merchandise shall belong solely to ARTIST. PURCHASER shall provide
one (1) person and (1) table for the sale of said merchandise.
7. DRESSING ROOM AND HOSPITALITY
A. PURCHASER agrees to furnish one (1) or more clean dressing room with private
bathroom facilities for ARTIST. PURCHASER agrees to be solely responsible for the security of
items in the dressing room, and shall keep all unauthorized persons from entering said area.
Dressing room should have comfortable seating for 3 people, adequate lighting, mirror, clothing
rack and standard electrical outlets.
B. PURCHASER agrees to provide reasonable backstage refreshments for Artists and their
entourage, to include:
-Bottled Water (Room Temperature)
-Fruit (banana’s & apples)
-Nuts
-Seltzer Water
- A bottle of gin (when appropriate)
C. In the event that dinner is provided for the ARTIST, snack foods can be limited.
However, meals should be scheduled at least 1.5 hours before performance time, or
after the performance.
No sales staff available.
D. ARTIST requests that there be no visitors, guests or interviews during the last thirty
(30) minutes before show time.
8. ACCOMMODATIONS
A. If PURCHASER is providing accommodations, ARTIST prefers to stay in a quality hotel
located near the venue. Reservations should include 2 non-smoking hotel rooms. Private
accommodations are acceptable depending on the circumstance. If you are in doubt as
to the suitability of the accommodations, please call MYRIAD ARTISTS and check with
ARTIST’S responsible agent. PURCHASER should notify MAX CAPISTRAN
(damntallbuildings@gmail.com)by telephone or email of accommodation
arrangements not less than two (2) weeks prior to ARTIST’S engagement. PURCHASER
should supply name of hotel, street address, telephone, and confirmation number(s).
ALL HOTEL RESERVATIONS SHOULD BE PRE-PAID AND GUARANTEED FOR LATE ARRIVAL
IN THE NAME OF MAX CAPISTRAN.
9. SPECIAL TRAVEL REQUIREMENTS
A. Whenever ARTIST travels by air, it is very helpful if PURCHASER can provide ground
transportation to and from the airport, hotel, and venue.
B. Ground transportation should be large enough to accommodate three (3) individuals
with luggage and instruments, including an acoustic bass.(Example: a minivan with a
stow-and-go back row.)
C. When ARTIST is not traveling by air, PURCHASER shall provide reserved parking place
for ARTIST vehicle near stage or stage door entrance.
10. SPECIAL CONSIDERATIONS
A. The obligation of ARTIST(S) to participate in workshops or other collateral activities
shall be limited to those specified in this AGREEMENT. Additional workshops or activities
shall be within the sole discretion of ARTIST(S) and may require additional compensation
or consideration.
B. Festival schedules with actual performance
and workshop
times should be sent to MYRIAD ARTISTS as soon as they are available, but no later than
30 days prior to performance. This information is vital to ARTIST’s itinerary.
C.AUDIENCE CONTROL: Purchaser shall not allow audience into place of performance
until technical setup and sound check are completed (indoor events only).
D. No recording, broadcasting, filming or taping of the performance is permitted without
ARTIST’s prior written consent. This includes personal taping from the sound board.
E.SET LENGTH:
1. The set or show length(s) as provided for on the face of the contract refers to
actual performance time, and does not include set-up or stage changing time.
The ARTIST carefully plans song selections to fit the unique needs of each
performance. A change in the performance length could adversely affect the
quality of the ARTIST’s show. If it becomes necessary to change the set length(s),
please give the ARTIST as much advance notice as possible.
2. If ARTIST is to perform more than one (1) set per day, time between sets shall
not be more than five (5) hours.
11. TECHNICAL AND STAGING
In a concert setting, please allow one (1) hour for sound check, and schedule this activity a
minimum of two (2) hours before performance time. As pertaining to a festival setting, please
allow a minimum of 15 minutes for a line-check before ARTIST’s playing
time.
The audience’s enjoyment of the ARTIST’s performance depends on the expert application of a
professional quality sound reinforcement system and the cooperation of the technical staff with
the ARTIST. Though the specific needs of each venue are unique, the following specifications
should be considered an absolute minimum.
A. SOUND EQUIPMENT:
Please see accompanying Technical Rider and
StagePlot.
B. LIGHTS:
1. PURCHASER shall provide a professional quality lighting system for any indoor
performance and/or any outdoor performance near or after sunset.
2. Lighting should be a minimum of a general stage wash covering the entire area
designated on the stage diagram.
C. STAGE AMENITIES:
Please see the accompanying Technical Rider
and Stage Plot.
D. OUTDOOR STAGES:
1. PURCHASER shall provide a covered stage which will protect the ARTIST from
the elements (bright sun, rain) and insure the safety of the ARTIST and ARTIST’s
equipment.
2. A covered backstage area for tuning
and warming up is also necessary.
3. If shelter for ARTISTS, technicians, and audience is not possible, PURCHASER
shall secure an alternate indoor facility for engagement in case of inclement
weather, or provide full payment to the artist if the performance must be
canceled. Please provide tables for instruments.
ATTENTION PURCHASER:
This rider is intended to enable the Artist to give the best possible performance to your
audience. We realize that venues and show sites vary greatly, and if you have difficulty meeting
any requirements listed in this rider, please contact MYRIAD ARTISTS at 919-967-8655. Thank
you.
PLEASE KEEP ONE (1) COPY OF THIS RIDER FOR REFERENCE IN PLANNING YOUR SHOW. SIGN
AND RETURN TWO (2) COPIES WITH THE EXECUTED CONTRACT.
PURCHASER:
DATE:
Stage plot and Technical Rider attached.
1/26/2022
Monitor
Acoustic
Guitar/Banjo/
Vocals
Upright Bass/
Vocals
Fiddle/
Vocals
Condensor
Microphone SM57SM57
We use 1 large-diaphragm
condenser microphone, 1
bass di and 2 sm57s (or
similar)
We travel withj the large-
diaphragm condenser
microphone and bass di
Bass DI
STAGE FRONT
Damn Tall Buildings
Stage Plot
Signature:
Email:
Melissa McCormick (Apr 19, 2022 13:53 PDT)
Melissa McCormick
cityclerk@kentwa.gov
DamnTallBuildings_SummerConcertSeries_Con
tract
Final Audit Report 2022-04-19
Created:2022-04-06
By:Ronda D Billerbeck (rbillerbeck@kentwa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAbGzuPZrc2XV9VL1QEEJnLKAMmLE3ANPe
"DamnTallBuildings_SummerConcertSeries_Contract" History
Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov)
2022-04-06 - 7:59:38 PM GMT- IP address: 146.129.252.126
Document emailed to Lori Hogan (lhogan@kentwa.gov) for signature
2022-04-06 - 8:02:31 PM GMT
Email viewed by Lori Hogan (lhogan@kentwa.gov)
2022-04-15 - 7:45:28 PM GMT- IP address: 73.140.129.133
Document e-signed by Lori Hogan (lhogan@kentwa.gov)
Signature Date: 2022-04-15 - 8:16:50 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to trish@myriadartists.com for signature
2022-04-15 - 8:16:52 PM GMT
Email viewed by trish@myriadartists.com
2022-04-18 - 6:31:58 PM GMT- IP address: 136.56.67.229
Document signing delegated to Max Capistran (damntallbuildings@gmail.com) by trish@myriadartists.com
2022-04-18 - 7:29:34 PM GMT- IP address: 136.56.67.229
Document emailed to Max Capistran (damntallbuildings@gmail.com) for signature
2022-04-18 - 7:29:34 PM GMT
Email viewed by Max Capistran (damntallbuildings@gmail.com)
2022-04-18 - 7:49:38 PM GMT- IP address: 172.225.248.66
Document e-signed by Max Capistran (damntallbuildings@gmail.com)
Signature Date: 2022-04-19 - 7:24:39 PM GMT - Time Source: server- IP address: 24.228.116.59
Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature
2022-04-19 - 7:24:40 PM GMT
Email viewed by Kim Komoto (kkomoto@kentwa.gov)
2022-04-19 - 7:25:00 PM GMT- IP address: 146.129.252.126
Document e-signed by Kim Komoto (kkomoto@kentwa.gov)
Signature Date: 2022-04-19 - 7:25:24 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature
2022-04-19 - 7:25:25 PM GMT
Email viewed by Melissa McCormick (cityclerk@kentwa.gov)
2022-04-19 - 8:51:54 PM GMT- IP address: 146.129.252.126
Document e-signed by Melissa McCormick (cityclerk@kentwa.gov)
Signature Date: 2022-04-19 - 8:53:43 PM GMT - Time Source: server- IP address: 146.129.252.126
Agreement completed.
2022-04-19 - 8:53:43 PM GMT