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HomeMy WebLinkAboutCAG2007-0842 - Original - The Rainier Symphony - 4th of July Splash - 05/29/2007 T Records Management KEN WASHi„c.ro„ 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: ` 1t �� l �� ' Vendor Number: JD Edwards Number Contract Number: This is assigned by Deputy City Clerk Description: 1r Detail: `f Project Name: Qf'� � Y r Contract Effective Date v Termination Date: �/ Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: VVIVLUL Department: Abstract: F SPublic\RecoidsManagemenl\Farris\ConlrociCover\ADCL7832 07102 KENT W n s N I n c r o ry CONTRACTOR SERVICES AGREEMENT between the City of Kent and The Rainier Symphony THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and The Rainier Symphony, C/o David Waltman organized under the laws of the State of Washington, located and doing business at PO Box 58182, Seattle, WA 98138, 206-953-7913 (hereinafter the"Contractor") I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City Description. Contractor will provide a full-length evening concert with 50 to 60 musicians as part of the City's Fourth of July Splash festival Contractor will provide music through the conclusion of the fireworks Start Time/Duration/Stop Time. Main Concert: 9 00 p m/60 minutes/10 00 p m (approximate) Fireworks Music: 10 00 p m 130 minutes/10 30 p m (approximate) Set-up & Sound Check: 7 30/60 minutes/8 30 p m. Day, Date, Year: Wednesday, July 4, 2007 Event Location: Lake Meridian Park, 14800 SE 272nd Street, Kent 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. IL COMPENSATION The City shall pay Contractor the total sum of $4,000 for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement Payment will be made by check made payable to Rainier Symphony. III. PRESS MATERIALS Contractor agrees to provide where appropriate, at his or her own costs, complete press materials, including but not limited to black and white glossy photographs, biographic descriptions, and program materials, not less than six(6)weeks prior to the initial event date All publicity and promotional materials released to the media 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, for the efficient operation of the engagement Other arrangements will be the responsibility of the City and Contractor as follows below. Venue: Lake Meridian Park, 14800 SE 272nd Street Stage: City will provide 32'deep x 56'wide stage and 40' deep x 60'wide tent with three clear sidewalls sufficient to keep precipitation off the stage Sound: City will provide sound system and engineer Lights: City will provide stage lighting and electricity for stand lights Dressing Rooms: City will provide one portable toilet nearby the stage Other: City will provide two propane heaters City will provide shuttle bus transportation for musicians (off-site parking lot TBD) } CONTRACTOR SERVICES AGREEMENT- 1 (Under S I U 000—Lareer meawzzcvion 1 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 only in the results obtained under this Agreement VI EVALUATION The Contractor shall have the authority to control and direct the performance and details of the contract work, the work must also meet the approval of the City and shall be subject to the City's general right of inspection and supervision to secure the satisfactory completion thereof Contractor agrees to cooperate in this evaluation process and to make available to the City all information required by such evaluation process Contractor agrees to comply with all federal, state and municipal laws, rules, and regulations that are or may in the future become applicable to Contractor or Contractor's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations VII. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and 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 All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work Vill 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 aamages 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 USE OF CITY MATERIALS. Contractor shall not, without prior written approval and permission of the City, use participant roster or related program materials for any purpose outside this Agreement including, but not limited to, solicitation of participants for Contractor's use in competition with City programs XI DISCRIMINATION In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor 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 who is qualified and available to perform the work to which the employment relates Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1 2, and upon completion of the contract work, file the attached Compliance Statement XII 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 XIII. IMPOSSIBILITY OF PERFORMANCE. Outdoor performances are considered "rain or shine" and the Contractor shall make every attempt to perform the concert regardless of inclement weather The Contractor shall be under no liability for failure to perform in the event that such failure is caused by or due to acts or regulations of public authorities, civil tulmut, strike, epidemic or any other cause beyond the control of Contractor In the event of a failure to perform as provided in this section, neither party shall be liable for the balance of the Agreement XIV. 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 CONTRACTOR SERVICES AGREEMENT-2 (Under 510 000—/a�crer<h f>aacannnl 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 under Section VIII of 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 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 accruing out of the performance of those operations IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR CITY OF KENT: BY BY (sign Pr (signature) in Print Name awe r,, ame Jeff Watling Its ft..16roly. tom.- Its Director, Parks, Recreation &Community (Title) Services (Tale) DATE DATE"9 f o7 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO CONTRACTOR: CITY OF KENT: Ronda Billerbeck, Cultural Programs Manager City of Kent to 220 Fourth Avenue South Gt W t39 Kent WA 98032 (telephone) (facsimile) (253) 856-5050 (telephone) (253) 856-6050 (facsimile) iivnuuu.ai nrznu ovirz"ik.im,io„ „irvv. CONTRACTOR SERVICES AGREEMENT-3 /C/ndvi n/0000-1.ar���rOrc�anr_annn� DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to An affirmative response is required on all of the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement, The questions are as follows 1 1 have read the attached City of Kent administrative policy number 1 2 2 During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability 3 During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 4 During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities 5 Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five�requirements referenced above Dated this c1ay of 200'T By For ,pRa-. 11 P� Title V �"e S I,d0VL " Date $ - 13 —07 EEO COMPLIANCE DOCUMENTS CITY OF KENT ADMINISTRATIVE POLICY NUMBER 1 2 EFFECTIVE DATE January 1, 1998 SUBJECT MINORITY AND WOMEN SUPERSEDES April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY Equal employment opportunity requirements for the City of Kent will conform to federal and state laws All contractors, subcontractors, Contractors and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps 1 Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 2 Actively consider for promotion and advancement available minorities and women Any contractor, subcontractor, Contractor or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments 1 Ensuring that contractors, subcontractors, Contractors, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy, 2 Monitoring to assure adherence to federal, state and local laws, policies and guidelines EEO COMPLIANCE DOCUMENTS CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement I, the undersigned, a duly represented agent of Q.( rl ItC " Company, hereby acknowledge and declare that the before-mentioned company was the rime contr or for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1 2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement Dated this [3 day of 200 By For y �l Yll Title Date EEO COMPLIANCE DOCUMENTS L\111BIT A INSURANCE & INDEMNITY REQUIREMENTS FOR CULTURAL PERT+ORMANCE AGREEMENTS its urancc The ContinctorshaII procure and maintain 1'orthe duration of the Agreement, insurance against clanns for ill1llr ics to persons or d.image to property which may arise from or ul connection with the per Ibrnumce of the woi k hereunder by the Contractoi, their agents, iepiesentatives, employees of subconliactois A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: I. Commercial General Liability msm-ance shall be written on ISO occurrence 16mi CG 00 01 and shall cover liability ansnlg tiom premises, operations, independent contractors, products-completed operations, personal injury and adveitising injury, and liability assumed under an insured contract The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 Thcie shall be no endorsement or modification of the Commercial General Liability Insurance for liability ansing from explosion, collapse or underground property damage The City shall be named as an Inswed under the Contractor's Commercial General Liability insurance policy with respect to the vkoik perloimcd for the City using ISO additional Insured endorsement CG 20 10 11 85 or substitute endorsement providing cqulvalcnt coverage. B. Alinimum Amounts of Insurance Contractor shall maintain the following insurance hillits: I. Commercial Gencial Leihility nlsurance shall be written with limits no less Than S1,000,000 cash occurence, $I,000,000 gcncral ag�rc�,atc and a S 1,000,000 products-completed operations agti egale Innri. C. Other Insurance Provisions The nlsm ante policies are to contain, of be endorsed to contain, the 161lownlg provisions Ibr Commercial General Liability nlsurancc- I. The Contractor's nlwrance coverage shall be pi unary Insurance as respect the City Any Insmancc, self msuunlce, or nlunance pool coverage nrrintaulcd by the City shall be c\cctis of the ConnaLtol's insui,Incc and shall not will Ihutc with It 2. The Contractor's insurance shall he endorsed to slate that coverage shall not he cancelled by either party, except allci Ihnly (30) days prior written notice by certified marl, rclunl receipt icqucslal, has been glvcn to the City. l EXI-11131"1- A (Conlinued) i 3 The City of Kent shall be named as an add ltonal nuulcd on all 1)01ICICs (cxccpt professional Lribilily) as ic�pccts woi6 per116imcd by of on beholfol'the contactor and a copy ofthc cndoisCmcnt MUMMY the City as addltonal msurcd shall be attached to file CClliliCatC of Insurance The City reserves the right to receive a certified copy of all Icquncd m5wance poliCICs The Contractor's Commercial General Liability { Insurance shall also contain a clause staling that coverage shall apply separately to each InsLIIcd ag'IInst whom claim is made of wit is biought, except with respects to the InmitS of the Insuici's hahility U. Acceptability of Insurers Insurance is to be placed with insurers with a current A M Best rating of not less than A Vll E. Verification of Covervige Contractor shall 1'Li Wish the City with original certificates and a copy ofthe amendatory endorsements, mCluding but not necessanly limited to the additional Insured endorsement, evidencing the iw;Ln-ance requnemcnts of the Cont-actoi before commencement of•the work. F. Subcontractors Contractor shall include all subcontractors as nuureds under its policies or shall furnish separate certificates and endorsements fol each subcontractor All coverages for I subcontractors shall be subJCCt to all of the same Insurance requu-ements as stated herein for the Contractol. i