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City says defaulting festival contractor ''consent judgment'' recorded; staff adds contract protections after BIMBA glitch
Summary
City attorney told council a consent judgment and repayment plan were negotiated with a festival contractor who defaulted on last year's BIMBA contract; the contractor made an initial $5,000 payment but later defaulted, the judgment was recorded in county dockets and the city added contract provisions requiring artist confirmations and other pre-ev
Council members raised questions about how the city vets and pays festival talent after a major glitch at last year's Bembe (Ben Bay) event, with the city attorney's office reporting a legal repayment mechanism and staff outlining added contractual protections.
City Attorney office representative said the contractor for last year's festival, referred to in staff materials as the promoter responsible for booking, defaulted on contractual obligations. The city negotiated a repayment plan and obtained a signed consent judgment in June; the contractor made a $5,000 lump-sum payment but then fell out of compliance and the judgment was recorded in both Durham and Wake County docket records for enforcement.
"He made a $5,000 lump sum payment in June... quickly fell off the wagon. So, in September, the state attorney's office actually recorded that consent judgment, which has been docketed in both Durham and Wake Counties for execution, but he appears to be largely, judgment proof at this point," the attorney said.
Parks & Recreation staff briefed the council on changes they have made in response: new contract clauses (notably paragraphs 13 and 14) require booking agents to secure written confirmations from talent and have artists publicly acknowledge festival commitments on social media or other platforms before substantial payments are released. Staff said they also strengthened verification of artist deliverables and require earlier direct artist assurances where possible.
Council members asked how the city selects booking agents and whether the RFP scoring and vetting process could be improved. Staff said the city runs an RFP to select booking agents, scores proposals on experience and past performance, then negotiates specific talent arrangements with the selected promoter. Council members also sought assurances about family-friendly programming and said they expect clearer contract language to prefer radio-safe or clean song versions when artists make those versions available.
Ending: Staff said they have added contractual protections requiring artist confirmations and enhanced vendor vetting; the city attorney said the consent judgment remains available for enforcement but collection prospects are limited because the contractor appears judgment-proof. Staff also said they would provide the council with an update on contract language and dispute remediation procedures.
