HomeMy WebLinkAboutCAG2022-419 - Original - Skyline Artists Agency - Summer Concerts: Thursdays at the Lake: The Hillbenders, LLC - 08/10/2023Ap
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Date Sent:Date Required:
Authorized to Sign:
Director or Designee
Date of Council Approval:
Grant? Yes No
Type:
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Vendor 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
rev. 20210513
FOR CITY OF KENT OFFICIAL USE ONLY
* Memo to Mayor must be attached
Jan RachApple
Sup/Mgr:
4
Ronda Billerbeck Parks, Recreation & Community Services
10/06/2022 ASAP
N/A
10006222.64190.4310
4
4
N/A
Contract
53512 Original
08/10/2023
Other
08/10/2023
4
4
4
$2,600.00
10/26/22
PERFORMANCE AGREEMENT - 1
(between City and Artist, through Artist’s Agent)
PERFORMANCE AGREEMENT
between the City of Kent and
The Hillbenders, LLC, c/o Skyline Artists Agency
THIS PERFORMANCE AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and The Hillbenders, LLC, c/o Skyline Artists Agency (the “Contractor”), organized under the
laws of the State of New Hampshire, located and doing business at 40 Lewis Hill Road, Bethlehem, NH 03574.
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 10, 2023
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.
Hotel: The City will provide five hotel rooms for the night of August 10, 2023.
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 $2,600.00 ($2,500 flat artistic fee +
$100 meal buy-out) for the work to be performed under this Agreement, upon satisfactory completion of all services and
requirements specified in this Agreement. A deposit of $1,250 will be paid by City check to Skyline Music by 7/10/2023.
The balance of $1,350 will be paid by City check on the day of the show and remitted to The Hillbenders,LLC.
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 AGREEMENT - 2
(between City and Artist, through Artist’s Agent)
performance and details of its work, the City being interested primarily only in the results obtained under this Agreement
and compliance with its terms and conditions.
VII. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall be responsible for the safety of its
employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose.
VIII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal
costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for
that portion of the injuries and damages caused by the City's negligence, including assertions that the use or transfer of
any software, book, document, report, film, tape or sound reproduction delivered in accordance with this Agreement
constitutes an infringement of any copyright, patent trademark, trade name, or otherwise results in unfair trade practices.
The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of
these covenants of indemnification.
The provisions of this section shall survive the expiration or termination of this Agreement.
IX. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of
the types and in the amounts described in Exhibit A attached and incorporated by this reference.
X. DISCRIMINATION. In the performance of work under this Agreement or any subcontract, the Contractor
and Agent 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.
PERFORMANCE AGREEMENT - 3
(between City and Artist, through Artist’s Agent)
E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-
assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement
shall continue in full force and effect and no further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be
binding unless in writing and signed by a duly authorized representative of the City and Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such
statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this
Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in
any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement
shall prevail.
H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules,
and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and
personnel engaged in operations covered by this Agreement or arising out of the performance of this Agreement.
I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall
constitute an original, and all of which will together constitute this one Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date
entered below.
CONTRACTOR:
By:
Print Name:
Its
DATE:
CITY OF KENT:
By:
Print Name:
Its:
DATE:
NOTICES TO BE SENT TO:
CONTRACTOR:
The Hillbenders, LLC
c/o Skyline Artists Agency
40 Lewis Hill Road
Bethlehem, NH 03574
(866) 531-2172 (telephone)
katy@skylineonline.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 (Oct 7, 2022 14:02 PDT)
Recreation and Cultural Services Supt.
Recreation and Cultural Services Supt.
10/6/2022
Jim Rea (Oct 26, 2022 11:15 CDT)
10.26.22
Admin
Jim Rea
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
Lodging-(where rooms are to be provided by promoter per contract)-6 King or double
bed hotel rooms at a reputable hotel, close to the venue is a BIG help but not necessary. At
least one 1st floor room is a BIG help but not necessary. If one of these rooms could be a
suite to help the band to conduct group business/creative meetings while on tour that is
helpful. Self parking also is a plus.
HillBenders Hospitality Sheet 6 people
Thanks for having us, we are looking forward to the show. These are some ideas for drinks
and eats while performing at your venue.
*Plenty of Water and Towels in the Green Room
*Allergy Notice one member can’t have shellfish
*please provide 1 Keto friendly meal
Meals
We enjoy experiencing local flavors as we travel, i.e. seafood on the coasts, ribs in
Memphis/KC/STL, Philly Cheesesteaks in Philly, etc. Green room catering or going to nearby
restaurants are both welcome depending on the time frame for soundcheck and performance.
We strive to have at least 2 hours after eating before our performance for digestion reasons.
A meal buyout is always ok with the band. $20-30 per member is appreciated.
-"5 Hour Energy" shots x 3, if possible, are always a big help
Drinks -Plenty of ice and large cups
1.75L of Jameson Whiskey x1
6 pack of La Croix or equivalent carbonated waters- LEMON or LIME x1
12 pack of Stella Artois x1
12 pack of Michelob organic seltzer or equivalent x1 (not hard lemonade or tea)
6 pack of Coca Cola x1
Snacks (please just select 3 items from below)
-"Wonderful" brand pistachios-Chili flavored or Smokehouse Almonds
- 2 regular sized bag of Peanut M & M’s
-SMALL fruit or veggie tray
-Peppered beef Jerky (Old Trapper brand preferred)
-"Cracked Black Pepper" Triscuits, white cheddar slices, sliced salami
The Hillbenders Contract Rider - Exhibit B1
ADVANCE SHOW WITH/IN-BAND CONTACT
Jim Rea- hillbenderbiz@gmail.com -417-343-8951
Tech/Production Contact
Chad “Gravy” Graves-resn8or@gmail.com--417-872-6455
DRUM, BASS, and other BACKLINE Detailed list & walk through video from band Tech
Chad Graves…
https://drive.google.com/drive/folders/1HKRmRp-MIWonLOaCvaf0eLNVuKo7NzvF?usp=shari
ng
Thank you!
_______________________________
(Please sign here)
SKYI-INIE
PageNumber: 1 of2
Printed On: Sep 34 202211:34 AM
Phone: 8665312172
Fax: 866.214.8562
Agent: James Leslie
CONTRACT#: 49881AFlTISTs ACENC'\l/
By mutual agreement made this date, Fri, Sep 30, 2022by and between The Hillbenders, LLC (hereinafter referred to as "ARTIST") and City of Kent Arts
Cbmmission (hereinafler referred to as "pURCHASER"). The undersigned ARTIST and PURCHASER agree to the following terms and conditions for the
entertainment presentation described below.
DArE(S):
ARTIST:
VENUE:
ADDRESS:
PHONE:
LOAD !N:
SOUND CHECK
DOORST
SHOW:
SET TIME:
SET LENGTH:
Thu Aug 1O1h,2023
The HillBenders
Kent's Summer Concert Series
Lake Meridian Park
14800 SE 272ndSt
Kent, WA 98042
253-856-5050
TBD- Per Advance
TBD-Per Advance
TBD
7:00 pm
7:00 pm
1 (90 min) set
BILLING:
AGES:
CAPACITY:
ON SALE DATE:
TEGH ADVANCE:
100% Headline
AllAges
ANNOUNCE DATE: Mon Feb20th,2023
PROMO ADVANCE: Ronda Billerbeck
Phone: 253 856-5055 (Work)
Phone: 206-450-7 203 (Mobile)
Email: rbillerbeck@kentwa.gov
DAY OF SHOW: Dan Mortensen
Phone: 206-525-21 1 3 (Work)
Email: dansound@clearwire. net
CONTRACT DUE: Mon, Oct 24,2022
DEPOSIT(S): An ACH (preferred method),
due711012023. Balance to be paid by
performance.
TICKET PRICE: Free Event $0.00/$0.00 [0]
TICKET FEES: None
GROSS POTENTIAL: $0.00
ADJUSTEDGROSSPTNTL: $0.00
GROSS PTNTL AFTER TAXES AND FEES:$0.00
TICKET TAX:
MERCH %:
Signatures on Next Page. lnitials Here. PURCHASER: ARTIST REPRESENTATIVE
Dan Mortensen
Phone: 206-525-21 1 3 (Work)
Email: dansound@clearwire. net
of $1,250.00 to ine M Deposit Account is
payable to Artist per Artist's W9 prior to
None to be Deducted
All Merch types: 100% Artist Sells
DEAL: Guarantee: $2,500.00 Fl9['
Purchaser to providejidfts and sound.'hlpa,--,ADDrrroNALPRovlSloNS' r- (W)
Billing: "The HillBenders present \A/hoGrass" PurFaser to provide (5) nationally franchised, quality hotel rooms for (1) night; and a drum
kit.
ci
a
40 LEWIS HILL RD. BETHLEHEM, NH 03574 PH.8665312172FX.866.214.8562
www.skylineonline.com
Exhibit B2
Page Number:
CONTRACT*:
2of2
49881
Deposits
ACH Routing #05300021 I ACCT# 2000042656562 (no bank fee)
Vvires: Routing 121000248 ACCT# 2000042656562 Swift code WFBIUS6S (fee)
Skyline Music, LLC Artist's Deposit Account, do Wells Fargo,
Checks: Skyline Music Artists Deposit Account 40 Lewis Hill Rd, Bethlehem, NH 03574
1) lf the ability of Artist to perform is rendered impossible or unsafe due to sickness, strikes, adverse weather condition, acts of God, or any other legitimate
condition beyond its control, Artist will not be held responsible for any loss incurred by the Purchaser, as a result thereof.
2) No performance by Artist pursuant to the contract shall be recorded, reproduced or transmitted from the place of performance in any manner or by any
means whatsoever in the absence of a prior written agreement with Artist relating to and permitting such recording, reproduction, or transmission.
3) lt is mutually understood and agreed that this contract shall be governed by the laws of the State of Virginia, both as to interpretation and performance.
Any legal action or other judicial proceeding for the enforcement of this contract or any provision thereof shall be instituted only in the state or federal courts
located in the City of Roanoke, Virginia.
4) The person signing this contract for Purchaser warrants that they are of legal age, have the right to enter into this contract, and by executing this contract,
acknowledge their authority to do so, and hereby assume liability for the amounts stated herein.
5) This coniract was negotiated with the specific ticket prices, capacity, and gross potential listed above. Any additional moneys generated in any of these
negotiated points will be 100% due Artist Entity on demand.
6) Venue shall also provide and pay for all items contained in Artist rider attached hereto which should be considered part of the contact.
zi lt is agreed that Artist signs this iontract as an independent contractor and not as an employee. This contract shall not, in any way be construed so as to
create a parlnership, or any kind of joint undertaking or venture between the parties hereto, nor make Artist liable in whole or in part for any obligation that
may be incurred by Purchaser in Purchaser's carrying out any of the provisions hereof or otherwise.
g) Nothing in the contract shall require the commission of any act contrary to law or to any rules or regulations governing the services and personnel to be
furnished by Artist to purchaser hereunder. lf there is any conflict between any provision of this contract and any law, rule, or regulation, such law, rule or
regulation shall prevail and this contract shall be modified or limited only to the extent necessary to eliminate such conflict.
S; tn tne event of any inconsistency between the provisions of this contract and the provisions of any riders, addenda, exhibits or any other attachments
hereto, the parties agree that the provisions most favorable to Artist shall control.
10) The purchaser agrees to comply with all Federal, CDC, State and Local recommendations to limit the spread of COVID and will provide the Artist with
their COVID safety plan not less than two weeks prior to the engagement'
1 1) purchaser hereby indemnifies and holds Artist, as well as its respective agents, representatives, principals, employees, officers and directors, harmless
from and against any loss, damage or expense, including reasonable altorney's fees, incurred or suffered by or threatened against Artist or any of the
foregoing in connection with or as a result of (a) any breach by Purchaser of the provisions of this contract and (b) any claim of any kind brought by or on
behalf of any third party as a result of or in connection with the Engagement, which claim does not result from the active negligence of Artist'
12) Skyline Music, LLC dba Skyline Artists Agency ('Agent") acts herein only as agent for Artist and is not responsible for any act of commission or omission
on the part of either Artist or purchaser. ln furtherance thereof and for the benefit of Agent, it is agreed that neither Purchaser nor Artist will name or join
Agent as a part in any civil action or suit arising out of, in connection with, or related to any act(s) of commission or omission of Purchaser or Artist'
t ay fnis contract (a) cannot be assigned or transferred without the written consent of Artist, (b) contains the sole and complete understanding of the parties
hereto, and (c) may not be amended, supplemented,
14) PLEASE NOTE: Your signature confirms your full
varied, or discharged, except by an instrument in writing signed by both parties'
understanding and acceptance ofthe contract, rider, addendum, and ancillary paperwork.
BY: X
SIGNATURE OF PURCHASER
PURCHASER: RondaBillerbeck
EMAIL: rbillerbeck@kentwa.gov
City of Kent Arts Commission
220 Fourth Avenue South
Kent, WA 98032-5895
PHONE: 253-856-5050
WEB: www.kentarts.com
FAX:253-856-6050
BY: X
SIGNATURE OF ARTIST REPRESENTATIVE
The Hillbenders, LLC (TAX lD: 26-3548325)
40 Lewis Hill Rd.
Bethlehem, NH 03574
PHONE: 8665312172 FAX:866.214.8562
40 LEWTS HILL RD. BETHLEHEM, NH 03574 PH.8665312172FX.866.214.8562
www.skylineon line.com
Jim Rea (Oct 26, 2022 11:15 CDT)
Signature:
Email:
Melissa McCormick (Oct 27, 2022 07:53 PDT)
Melissa McCormick
cityclerk@kentwa.gov
SCS_22_Hillbenders_Contract
Final Audit Report 2022-10-27
Created:2022-10-06
By:Ronda D Billerbeck (rbillerbeck@kentwa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAc-PCGeOg-DhnoFYap7FJQrava5umwnlM
"SCS_22_Hillbenders_Contract" History
Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov)
2022-10-06 - 6:11:51 PM GMT- IP address: 146.129.252.126
Document emailed to lhogan@kentwa.gov for signature
2022-10-06 - 6:14:58 PM GMT
Email viewed by lhogan@kentwa.gov
2022-10-07 - 9:00:04 PM GMT- IP address: 146.129.252.126
Signer lhogan@kentwa.gov entered name at signing as Lori Hogan
2022-10-07 - 9:02:49 PM GMT- IP address: 146.129.252.126
Document e-signed by Lori Hogan (lhogan@kentwa.gov)
Signature Date: 2022-10-07 - 9:02:51 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to Katy Cates (katy@skylineonline.com) for signature
2022-10-07 - 9:02:53 PM GMT
Email viewed by Katy Cates (katy@skylineonline.com)
2022-10-11 - 9:11:22 PM GMT- IP address: 74.78.109.225
Email viewed by Katy Cates (katy@skylineonline.com)
2022-10-26 - 4:14:21 PM GMT- IP address: 173.17.203.49
Signer Katy Cates (katy@skylineonline.com) entered name at signing as Jim Rea
2022-10-26 - 4:15:52 PM GMT- IP address: 173.17.203.49
Document e-signed by Jim Rea (katy@skylineonline.com)
Signature Date: 2022-10-26 - 4:15:54 PM GMT - Time Source: server- IP address: 173.17.203.49
Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature
2022-10-26 - 4:15:56 PM GMT
Email viewed by Kim Komoto (kkomoto@kentwa.gov)
2022-10-26 - 4:16:28 PM GMT- IP address: 146.129.252.126
Document e-signed by Kim Komoto (kkomoto@kentwa.gov)
Signature Date: 2022-10-26 - 4:16:49 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to cityclerk@kentwa.gov for signature
2022-10-26 - 4:16:51 PM GMT
Email viewed by cityclerk@kentwa.gov
2022-10-27 - 2:51:11 PM GMT- IP address: 146.129.252.126
Signer cityclerk@kentwa.gov entered name at signing as Melissa McCormick
2022-10-27 - 2:53:57 PM GMT- IP address: 146.129.252.126
Document e-signed by Melissa McCormick (cityclerk@kentwa.gov)
Signature Date: 2022-10-27 - 2:53:58 PM GMT - Time Source: server- IP address: 146.129.252.126
Agreement completed.
2022-10-27 - 2:53:58 PM GMT