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HomeMy WebLinkAboutCAG2007-0818 - Original - Columbia Choirs Association - Sing Fest - 01/18/2007 T Records Management KEN wnsrriNc ro Documentw 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: Vendor Number: JD Edwards Number Contract Number: This is assigned by Deputy City Clerk Description: &' Cl kL 2w c h � Detail �fLA Ala 26QQ 6, Project Name:4d t W D rt PAContract Effective Date: Termination Date Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager:'�On4o 611b& Department: Abstract: SPublic\RecordsManagernenl\Faros\ConlraclCover\ADCL7832 07/02 L L 1_1-117KEN T CONTRACTOR SERVICES AGREEMENT between the City of Kent Arts Commission and Columbia Choirs Association THIS AGREEMENT is made between the City of Kent Arts Commission, a Washington municipal corporation (hereinafter the "City"), and Columbia Choirs Association, C/o Su Pinney organized under the laws of the State of Washington, located and doing business at 21820 SE 296`h Street, Black Diamond, WA 98010 (hereinafter the "Contractor") I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City Description. Contractor will produce Sing Fest 2007 Day, Date, Year: Saturday, March 31, 2007 Event Location. Kent United Methodist Church 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 If. COMPENSATION. The City shall pay Contractor the total sum of $1,000 for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement 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 eight (8) 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 Arts Commission for its support of the event or project Promotional credit must be clear and prominent IV 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 V. 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 VI. 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 VII. 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 CONTRACTOR SERVICES AGREEMENT- 1 (Communetr Arh Fundim,Prmernl of the Agreement insurance of duration of the maintaln for the this reference per not all rocure and Incorporated y royal and p but not limited Contractor sh attached and without prior written approval Including, INSURANCE The In Exhibit A II not, outside this Agreement V111. the amounts described Contractor sha urpose ment or any and In TERIAL.S- matenals for any P C t programs under this Agree II not, he types USE OF CITY MA etltlon with Y Of work contractor sha related Program lX In comp er{ormance Contractor or sub mental, or participant roster or Contractor s use ees for the P of any sensory, City, use p artlolpants hiring of employ acting on behalf of the sence work to which the TION. In the arson or the pre perform the ortunl{Y Policy to,solicitation of pISCRIMINA or any p tatlon national ongl evadable top loyment CpP A. Its subcontractors, al onen Is gualfied and E ual Erne work, file the attached contractor^Color, sex, age, sexe Clty of Kent Q contract rellglon, again any perso�he attached letion of the subcontract,the comp 1 with by reason of race dlscr, ate ag shall execute and upon comply policy 2, contractor's failure to 30) days physical disability Contractor or the only thlrtY S and employment relates With Cit. Adrnlnlstrabve of funding rovldrng term GomplY event of loss reement upon p comply with thefrom any Declaration, D BREACH, In the terminate this Ag {allure to its costs Compllance Statement TION AN the CdY may to Contract The City may deduct Contractor's TERM►NA Agreement, the city due the actual time of X►, of this Ag of the contractor ased upon conditions All costs incurred o sOlItY amount the terms and contractor shall be the resPihe Agreement written nonce th Agreement pro-rate of thiserformance schedule requires ds Contractnast to Conditions due to the Contractor or P city req {or any deslg payments compared to the contracted p Kent City Code,the rice come EOUS PROVISIONS $0 of the be available performa LLAN Chapter 3 A price preference may covenants X11 MISCE pursuant to of any of the or more Rec claUe Materials racticable A roducts whenever P on strict P, this Agreement in one the and recyclable P to Insist up this gents or options, and use recycled option conferred by agreements roducl The failure of the cisO covenants, 9 recycled P Waiver of Breach ent, or to exeru shment of those b and construed In B Non In this Agreem pVerned Y or claim is contained to be a waiver or reUnq ent shall beg ute, difference or claim I and agreeMen construed effect This Agree settle any dlsP difference Instances shall not be full force and are unable to that dispute, King �aln In rid Governln Law error Court, rid ren utes a 1f the parties county sup In any claim or same shall be a f pis W ashington means of resolving the K ng C. Resolution o state of ent,the exclusive of the Teem unsdlction process al costs and the laws of the of this Ag rules and 1 dispute resolution p all Its leg rovlded ce with venue' 1O an alternative arty shall pay or award P under I accord from the parties' pertormance under the reement, each p suet excluslVart In writing of this Ag other recovery nlflcatlon � arising be by filing the parties agree ,n addition to any s right to Indem shall only ton, unless pa performance or lawsuit. It the CItY Washing from the p such claim construed to IV the county, ansing or bringing the parties at fending paragraph shall be ent shall be sent to lawsuit for dam rig erred m d nothing m this p p reem Any written notice hereunder attorneys fees however, this 9 malt, and shall be rovlded regarding otfied to the contrary by law, Pam' Agree unless n registered or certified VIII of this A9 All cornI the rs g ail ng by Section Notice o{ the Agreement, date of m Agree or such other address as may p Written nature Page days after the stated In this A9 non- on the sIg business at the address written consent of the addresses listed three P) the addressee without the of this Agreement e effective either Party ent,the termsconsent shall become given If sent to Agree by asslgnm deemed sufflclently g In wntmg nment of this sent to any Brit shall be eclfied assign party gives Its con ade without additional write reem be in sp Assl nment Any ssI nIng P rovlslons of this A9 E d If the no n-a Ign' assignment shall be m of the p arty shall be of any and Contractor with any Exhibits as P full force and effect and n alteration, or modrflcation together and such No waiver, resentative of the CItYA reement, the City,shall continue In b a duly authorized rep and terms of this g resentative of n any manner this F Nlodlf�signed Y rovlslons officer or other rep f or altenng language In writing The written p Brits of any art o should ahY binding unless rn reement I statements in or forming a p Nowever, reement Entire A no verba entering Agreement ent,the terms of this Ag G shall supersede all P construed as art of this In this Agreem hereto, or be made a P attached is shall not be effective of are ith . language contained statemen All of the above nt conflict with a Y Agreement Exhlblts to this Agreeme any of the shall prevail AGREEMENT-2 a 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 \vEl—c"4 By ,/ By (signature) (signat ) Print Name Su 2 Pie-- P, »»eA Pnnt N ej Jeff Watling Its Gho;r L,i o i 8 Y) — ('e,/ « �iairc Its Director of Parks, Recreation & (Title) Community Services DATE /�l�V 7 (Title) DATE l��Pl NOTICES TO BE SENT TO NOTICES TO BE SENT TO: CONTRACTOR CITY OF KENT: Q E Ronda Billerbeck / .Cle 0 1 et ?, 4(-)A 9 City of Kent 220 Fourth Avenue South 1 )727esy CW AAr 80M Kent, WA 98032 c o 3 2 (telephone) (facsimile) (253) 856-5050 (telephone) (253) 856-6050 (facsimile) I P CJIFORVSIWNT ACIV(enWM(�MFINA SPa sC M—LniyAI Fu"r C IKI dpc CONTRACTOR SERVICES AGREEMENT-3 (Cnmmunity Aris Funding Prorecthi KENT W PSnINGTII 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 I 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 /UYA day of 200Z By For t�0/ Title Date �ID 1 bj EEO COMPLIANCE DOCUMENTS - I (Couinwnrt) Arts Funding Aojects)