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HomeMy WebLinkAboutCAG2007-0815 - Original - Dallas Children's Theater - Spotlight Series: If You Give a Pig a Party - 09/28/2007 Records Management KENT Document W I.SHIHGTOM 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: 7 Vendor Number: JD Edwards Number Contract Number: This Is assigned by Deputy City Clerk Description: 20 �J Detail: 6A , {fir LOOK Project Name: Y Contract Effective Date: Termination Date: 4 Contract Renewal Notice (Days): ( 1 Number of days required notice for termination or renewal or amendment Contract Manager. V! I ' �''- I Department: lfk-S Abstract: 5 Public\RecotdsManagemenl\Faros\ConlractCovet\ADC17832 07/02 KENT h CONTRACTOR SERVICES AGREEMENT between the City of Kent and Dallas Children's Theater THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Dallas Children's Theater, located and doing business at 5938 Skillman, Dallas, TX 75231, 214-978-0110 (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City- Description: Contractor will present two public performances of"If You Give A Pig A Party" as part of the Kent Arts Commission's Spotlight Series Start Time(s): 10 00 a.m. and 2.00 p m. Day, Date, Year: Saturday,April 12, 2008 Event Location: Kent-Meridian High School Performing Arts Center, 10020 SE 2560,St., Kent, WA 98030 Lodging: Contractor will provide lodging for all Contractor's personnel at its own expense. Hospitality: City will provide hospitality according to Contractor's rider(attached). Merchandising: Contractor shall have the sole and exclusive right, but not the obligation,to sell merchandise directly pertaining to and/or 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 Sponsorship: City reserves the right to obtain corporate sponsor(s)for Contractor's performance and will notify Contractor in advance of any sponsorship. House seats: City will hold ten (10) complimentary house seats per show for Contractor, to be released 24 hours prior to curtain if not notified by Contractor. 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$6,000.00 for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. A deposit of$1,200 00 will be paid, by City of Kent check, to Dallas Children's Theater (Fed ID 75-196 7052) upon complete execution of contract The balance of$4,800 00 will be paid, by City of Kent check, to Dallas Children's Theater (Fed ID 75-196 7052) on the day of the performance, at intermission Ill. 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, 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- I (Under.R 10 000—Lareer Organization) Venue: City will provide proscenium theater- Kent-Meridian High School Performing Arts Center. Sound: City will provide sound system according to attached technical rider Lights: City will provide lighting according to attached technical nder.* 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. 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. 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. 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. X. 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. XI. 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 will 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. XII. 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 (finder S10 000—Larger Oreanuation) 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 VII 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 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: By: A , By: (signatu ) (signature) Print Name: « Prin JNaa Jeff Watling Its s Its Director, Parks, Recreation& itle) Community Services DATE- `1 al (Title) DATE NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: � CITY OF KENT: p '- � j illUrU,15 r ^e4ft'' Ronda Billerbeck, Cultural Programs Manager S q S g _ rj&1 2. City of Kent jaA&A 1 ;"2�?/ 220 Fourth Avenue South Kent, WA 98032 1 R -Dl Q (telephone) f,6 (facsimile) (253) 856-5050 (telephone) (253) 856-6050 (facsimile) RAOWWORMMONTfUON(nrlNglOmlry iINFL61CanaWlanl5gWm5AgrremerblParXaCgiadtLPMamerlalp Ex CONTRACTOR SERVICES AGREEMENT-3 (Under S 10 000-Larger Organization) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to compliance with Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement will comply with the regulations of the City's equal employment opportunity policies The City requires any contractor, subcontractor or supplier working on this Agreement to certify that the following statements are true If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the statements below, it will be considered a breach of contract, subject to suspension or termination of the Agreement, in whole or in part, in the City's sole discretion. The statements are as follows: 1. The Contractor has read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement, the Contractor 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 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, the Contractor, will actively consider hiring and promoting women and minorities By signing below, the Contractor certifies that it is in compliance with the City's equal opportunity policies regarding contractors, subcontractors, and suppliers. Dated this day of 200-2 For 0/✓ �G.a•Yh. Title. 60b1�� /"llM+ it Date: EEO COMPLIANCE DOCUMENTS CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 12 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 EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS FOR CULTURAL PERFORMANCE AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising 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. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30) days prior written notice by certified mail, return receipt requested, has been given to the City. EXHIBIT A (Continued) 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current AM Best rating of not less than AN IL E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement,evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. DALLAS CHILDREN'S THEATER If You Give A Pig A Party TECHNICAL RIDER / MINIMUM REQUIREMENTS The attached specifications ai e hereby made a binding pat t of the contract dated May 16,2007 between DALLAS CHILD REN'S THEATER (hereafter iefened to as COMPANY)and City of Kent(heteaftet tefetted to as PRESENTER) tot the engagement on Apt it 12,2009 at 10 00ann &2 00pm In the event any conditions of these specifications are in conflict with any provisions in the main body of the original rider agreement, these specifications will prevail. PRESENTER agrees to have iepresentative capable of making decisions pertaining to the contract&engagement who will be available to the COMPANY, either in petson or via telephone,thioughout the entrie engagement STAGING 5 A minimum perfoumance aieaof35' wide by 25'deep by 16' high,a minimum of 10' unobshucted wing space on both sides of the stage 6 Thiee(3)sets of legs with masking 7 Black diapeiy tot backgiound b. Two(2)64 tables ate needed, (1)offstage right and(1)offstage left. SOUND I A house sound system in good woi king order that can easily accommodate all of the COMPANY's audio components including- seven (7) body mics • two (2) Mini Disc players or Laptop Computer 2. A mixing position located at the ieat of the house is needed,secure from tatpeim-by audience with an unobstructed view of the stage, If sound position is in booth with windows,the windows must be able to be opened by engineer 3. A headset/mteicom system is needed with at least foot (4) stations (COMPANY travels with sound engineet) LIGHTING I Although theie is some room for compromise and adjustment to the production's lighting design,venue lighting mventoty should include enough instiuments, Ciicllits and dimmets for atea lighting,washes and several specials. 2 Haug,patch and i ough focus must he completed by local personnel prior to COMPANY's art ival The light plot, hook up schedule and othei technical infoi oration will be available for downloading beginning Septembei 17,2007 via the DCT web site using the following directions. Go to http//www.dct.org Click on NATIONAL TOUR Once you i each the National Tote mg page, click on Tom mg 2007/08 in the left hand column This will bung you to the IF YOU GIVE A PIG A PARTY page Once thei e, scioll down the page until you can click on Technical Requit ements. Phis will eithei automatically download the infoimation to youi connputei or give you a menu with additional unsti actions for downloading Please initial this page. a t DCT If You Give A Pig A Party Technical Rider/Minimum Requirements (Page 2 of 2) VIDEO Video is an integral part of this production. The COMPANY travels with a rear projection screen, a projector, and a laptop computer as a control device The projector is placed upstage center behind the screen. 1 Easily accessible power supply is required for projector and computer ACCESS/LOAD IN I. Loading docks and/or other theater access need to be unobstructed with overhead doors or double doors at least 8' wide If a freight elevator is required to load- to the theater, it mu ge enough to handle set pieces at leasload-inwide x 10' long and flats at least 16' tall. (,Q ���c 2. COMPANY requires a maximum of fist-(vurs o private access to the perform nee space to fully load in. Ideally, this is on the evening prior to engagement. Should this not be possible, please allow enough time for a full load in on the day of your first scheduled performance (COMPANY's manager or representative will contact PRESENTER to schedule load-in time) LABOR and LOAD IN/OUT Estimated time: 5 hrs in; 1-2 hrs out; run time approximately 65 min. 1. A crew, with a designated supervisor present at all tunes (including load-in, setup,technical rehearsals, performances, strike and load-out)to help with the following • load-in/out • scenery set up/strike • sound set up/strike • light focus Crew shall include an authorized person with access to alt relevant areas of the theater(dressing rooms, control rooms,electrical rooms). After toad-in is complete, only three (3) people are needed during rehearsals (if any) and all performances for light board operation and backstage deck crew. DRESSING ROOMS at�. AAA eAJ�_YC(�CCL� I Two (2) dressing rooms with ink anddfacilities le n eded to accommodate at east five (5) performers each. 2. A minimum of seven (7)chats are nee e -in each of the two (2) dressing rooms PARKING 1 Parking must be piovided close to performance venue for one 24' truck and one passenger van 2 PRESENTER will be responsible for any costs incurred for such parking 110SPITALI'TY l The COMPANY requires cool bottled water for 9 people in or near the backstage/dressing room area Each venue has its own SPECIAL PROBLEMS and/or ADVANTAGES It would be impossible foi the COMPANY to specify everything that should be done in each venue to accommodate the show It is the PRESENTER and the venue's Technical Director's responsibility to speak with the COMPANY's manager or tour Technical Director prior to engagement to make him or her aware of any unusual problems that may exist. Please RETURNthis form with your contract and Technical Questionnaire to- Holden & Arts Associates,Inc. Tel: (512) 477-1859 P.O. Box 50120 Fax: (512) 477-3908 Austin,TX 78763 QUESTIONS regarding these requi ements or any portion of the show should be directed to- Tour Department Tel: (214) 978-0110 Dallas Children's Theater,Inc. Fax: (214) 978-0118 5938 Skillman sally@dctorg Dallas, TX 75231 _ 09 _Please initial this page