Loading...
HomeMy WebLinkAboutCAG2007-0867 - Original - The Persuasions - Spotlight Series: Persuasions - 06/19/2007 Records Management KENT WA=„,„Gro„ Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name: . * i�ifS �d Vendor Number: 15999 ) l JD Edwards Number Contract Number: This is assigned by Deputy City Clerk Description: nr Detail: O v` Project Name: 'CA h+ Contract Effective Date: ()n Termination Date: Contract Renewal Notice (Days): `'(U Number of days required notice for termination or renewal or amendment Contract Manager: d �� IV � C�tIJ Department: Abstract: h S P h sM na ern n F v ub c\Record a D e I\ orms\ConlroclCo er\ADCL78J2 07102 '�✓ KENT W.5 MINO TO CONTRACTOR SERVICES AGREEMENT between the City of Kent and Persuasions THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Persuasions, C/o The Berkeley Agency located and doing business at 2608 Ninth Street#301, Berkeley, CA 94710, 510-843-4902 (hereinafter the "Contractor") I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Description: Contractor will present one public performance as part of the Kent Arts Commission's Spotlight Series Start Time/Duration/Stop Time: 7:30 p m./90 minutes+ 20 minute intermission /9.20 p.m. Day, Date, Year: Saturday, September 22, 2007 Event Location: Kentwood High School Performing Arts Center, 25800 164t" Ave SE, Covington, WA 98042 Merchandising: Contractor shall have the sole and exclusive right, but not the obligation, to sell merchandise directly pertaining to andlor bearing the likeness of Artist, inclusive of compact discs,at the performance Contractor must provide all sales staff and will retain 100% of sales revenue Lodging: City will provide six (6)hotel rooms for the nights of September 21 and 22,2007 Hospitality: City will provide hospitality in dressing room prior to performance according to Contractor's rider (attached). Billing: "Persuasions" Contractor to receive 100%sole headline billing in all advertising,with exception of season brochure Sponsorship: City reserves the right to obtain corporate sponsor(s)for Contractor's performance and will notify Contractor in advance of any sponsorship Outreach: Contractor will present one 60-minute workshop-time TBD 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 $6,000 flat for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement A 15% deposit of$qOO.00 will be paid, by City of Kent check, to The Berkeley Agency (2608 Ninth St #301, Berkeley, CA 94710, Fede A ID#94-2918-735) upon complete execution of contract. The balance of 00 will be paid, by City of Kent check, to flersaastorrs-on the day of the performance, prior to performance. 1.0IC5* 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, a 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 CONTRACTOR SERVICES AGREEMENT- 1 (Under$10,000—Sole Performer) Venue: City will provide proscenium theater: Kentwood High School Performing Arts Center. Sound; City will provide sound system according to attached technical rider.' Lights. City will provide general lighting Dressing Rooms: City will provide dressing room facilities according to attached rider Technical Staff: City will provide sound and lighting technicians, and theater manager familiar with facility Contractor will provide any other technical staff, including a road manager or technical director, necessary for the performance. *The attached technical rider is part of this agreement 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 VI1. 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. Vill. 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. 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 X. IMPOSSIBILITY OF PERFORMANCE. Outdoor performances are considered "rain or shine." In the event that extreme inclement weather renders an outdoor performance impossible, 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 a failure to perform as provided in this section, neither party shall be liable for the balance of the Agreement XI. MISCELLANEOUS PROVISIONS. A Discrimination In the performance of work under this Agreement or any sub-contract, 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 B 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. l C Non-Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants k 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. D 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, t CONTRACTOR SERVICES AGREEMENT-2 (Under$10,000-Sole Performer) : 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 under Section VII of this Agreement E. 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 F 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. G 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 H. 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 I. 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 IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. CONTRACTOR- CITY OF KENT: 7 By: By. (signa ure1 (signature) Print Name ieltf Print Name Jeff Watling Its Its Director, Parks, Recreation and Community Services DATE: / `(Title) (Title) DATE: G jl'1o7 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Ronda Billerbeck, Cultural Programs Manager City of Kent 220 Fourth Avenue South Kent, WA 98032 (telephone) g1�-- 571— 57 CfT, (facsimile) (253) 856-5050 (telephone) (253) 856-6050 (facsimile) P 1QMFORMSY.ONiRACMM WeMmVxbFINAL51CanWImSaNusAgeamen6FaASCmbx hrbrncrSmN ticc CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000—Sole Performer) EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. ' F tk ,k- * * HEHDUNE TRENT INC. 1650 BROADWAY • SUITE A91 AEW YORK,NY 10019 TEL (212)581-6900 FAX(212)581-6906 Persuasions Rider To advance the show please contact titan Knight at headline Talent 212.581-6900 FX 1 No portion of the performance hereunder may be broadcast,photographed,recorded filmed,taped or embodtea n any form for any purpose of reproducing such performance and Operator agrees that it will not authorize any such recording wahcut pnor written consent of the artist Operator will deny entrance to any person(s)canp irg tape or video recording equipment. Wahcut limiting in any way the generality of the foregoing prohibition,It is understood io include nnembei s of t`le audience,press and Operators staff 2 Operator agrees to supply the fouowing at no cost to Artist. a) Compute sound system to rover performance hall of venue with 5 microphones,5 monitors&5 music stands Operator shall provide aL technical staff required b) One fully equipped dressing room with bathroom Dressing room must comfortably hold 5 people Dressing morn must have lock and key. c)Any and all necessary Immigration clearances ifconcert is to be held outside the Unnao States d)Refreshrnenis:To be provided one hour prior to performance A hot meal whenever possible or a Deli tray with cold cuts,cheeses,crackers,breads,fruits and condiments Drinks A mix of Soda's, orange juice,grapefruit juice,bottled water and coffee 4 Artist is to receive 100%star billing In all advertising 5 Operator will provide all ground transporiabon it so noted on Contract f e#4 t'i 6.Operator will provide hotel accommodations at a Class OK hotel )singl so noted an contract face#4 70 P 8 Operator will pay all union fees local and federal taxes;entry fee's and airport departure taxes if any The compensation on contract face#4 is to be considered net to the artist.No fee's of any kind to be deducted from this amount without written consent of artst. 9.Operator will provide artist with 10 complimentary passes each night of performance, 10.The Persuasions reserves the right to sell souvenirs at at!of har performances 11.Artist shall have the right to terminate Agreement if a)Any member of the group shall die of become Ill or incapacitated b)There is an accident or delay in means of transportation or in artist's Judgment, performance of engagement may directly or indirectly expose Artist or any employee of artists or Operator or any portion of the audience to death or injury by outbreak of viclence or civil strife of any kind c)Performance of Artists obligations shall be rendered impossible or impracticai by reason of strikes,civil unrest, order of public authority epidemic,dangerous weather conditions,national or local state of emergency,fire or other went or condition of any kind or character d)Performance of any of Artists obligations shall expose Artist or any employee or Operator's employees agents or independent contractoes to civil or cnminai proceedings of any kind a Operator agrees that there shall be no discrimination based on color,race,nationality,creed or religion In the event of any kind In the event violations of the fore going stipulation, Artist shall have the right to refuse to perform the engagement 0 Artist is only responsible to perform in the following agreed upon contract,exact dates,cities,venues,TV and radio stations,chanty presentations, g)if this agreement shall be terminated for reasons a.or b refereed to in the preceding paragraph,Artist shall promptly refund to Operator any amount thereto paid by Operator to Artists 12 Operator at his sole cost and expense shall obtain all licensees,permits or other approval required form any union,public authority,performing rights society or other entity having jurisdiction with respect to the engagement,and shall comply with and fulfill all terms and conditions set forth therein 13.Operator shall Indemnify and hold Artists Management,its contractors,agents,employees,licensees and designees harmless form and against any loss,damage,or expense,including reasonable attorneys fees incurred,suffered by or threatened against Operator in connection with any claim for personal injury or property damage,brought by or on behalf of any party in connection with the engagement Operator further agrees to provide public liability and workman's comp(it required by Operator)min respect to this engagement AGREED AND ACCEPTED- / DDAIE