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HomeMy WebLinkAboutCAG2007-0875 - Original - Windwood Productions, Inc. - Spotlight Series: The Complete Works of William Shakespeare (Abridged) - 09/26/2007 Records M gemen KENT Document WASHINGTON ;. 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 Clerk's Office. Vendor Name: Mn WaQa 2MdUC-'lonS ,, nC . Vendor Number: U IlJ (1 JD Edwards gumber Contract Number: (VQ? S'l I This is assigned by City Clerk's Office Project Name: S90+110k� senses AM - Aug Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: -7 Contract Effective Date: Termination Date: " (p 07 Contract Renewal Notice (Days): "► Number of days required notice for termination or renewal or amendment L - I Contract Manager: Ronda. Department: PLI ,rkS — �l,l.�T u ram--{ 01l1,e6f! K. Detail: (i.e. address, location, parcel number, tax id, etc.): S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 Records , Mana KENT WASHIMGTON 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: Ir dU)b , �VbC.��� '( ((?►'�5 Vendor Number: 1110419 JD Edwards Number Contract Number: This is assigned by Deputy City Clerk Description: �� Detail: �Jll Project Name V6 (� Contract Effective Date: ��I�Ib�� Termination Date: Contract Renewal Notice (Days): �tJ Number of days required notice for termination or renewal or amendment Contract Manager: V► Ij I kkcv Department: Abstract: I 5 Public\Recordsmona ement\Foims\ConlractCover\ADCL7832 07/02 i KENT W/SHIHGTOH CONTRACTOR SERVICES AGREEMENT between the City of Kent and Windwood Productions Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Windwood Productions, Inc., located and doing business at 575 Windwood Lane, Paris, VA 20130-3003, 540-592-9573 (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Description: Contractor will present one public performance of The Complete Works of William Shakespeare (Abridged)as part of the Kent Arts Commission's Spotlight Series. Start Time/Duration/Stop Time: 7:30 p.m./120 minutes including 20 minute intermission/9:30 p.m. Day, Date, Year: Saturday, October 6, 2007 /J PPS C c.� Ih Event Location: Kentweed High School Performing Arts Center,-2 �Fa a* �, WA 98042 Lodging: City will provide 5 rooms (4 doubles, 1 single)on the night of October 6, 2007. 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 twelve(12)complimentary house seats 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$6,500.00 for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. A 10% deposit of$650.00 will be paid, by City of Kent check, to Windwood Theatricals Inc (Fed ID 54-2003452)upon complete execution of contract. The balance of$5,850.00 will be paid, by City of Kent check, to Windwood Productions, Inc (Fed ID 54-2059875)on the day of the performance, at intermission. 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,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 SIO 000—Larger Oreanization) • 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 lighting according to attached technical rider* Dressing Rooms: City will provide dressing room facilities according to attached rider.* Technical Staff: 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. A. 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 VI I. 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, iepoit, flilii, 1dNe Or SOund reproduction delivered in accordance by a thi$ AgrCCiCi 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. VIII. 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. XI I. 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 S,IO 000—Larger Oreanizatrnn) 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 11,+_,;,Qnt$ $!7u!! ^^.t b�, effeCfh, nr he r ngrnicd �c onfcnnn infn nr fnrminn a part of or altarinn in anv manner thiC 1. a a - r- Agreement All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or arising out of the performance of this Agreement IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. CONTRACTOR: CITY OF`KENT: By: ck-� e'`� By: 1 �I (sr gna ture) (signature) Print Name: 5' '�f�� �,,L PnnAlaJ Jeff Watling Its SNLLS Its Director, Parks, Recreation$ Trtle)II Community Services DATE: � `r�° I o1 � (Title) DATE:. C2Ca NOTICES TO BE SENT T0: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Ronda Billerbeck, Cultural Programs Manager City of Kent 220 Fourth Avenue South rr-.5 ✓As i�� Kent, WA 98032 eX- S-1 (telephone) S'`-i X- S S -z`t(facsimile) (253)856-5050 (telephone) (253)856-6050 (facsimile) PTMAFOPMSICONTPACTY(mNelGontlacn{,NAL51GnwRarrteMreKpeenwi6Wslefuretl-ParlpmeM1wps Ooe CONTRACTOR SERVICES AGREEMENT-3 /Under.CIO 000-Larger Ornanezatrnn) 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 ongin, 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 l t, `` day of -►�t , 2001. By: � C'� For: t�,r 5 cam I7ZO-z> C Title: S> E 5 Date: � t 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 UPON COMPLETION of the work by the Contractor under this Agreement. 1 declare that the Contractor under an Agreement with the City of Kent for that was entered into on , 2006, and completed 2006, 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 that Agreement. Dated this day of 200_ By: For: Title- Date- 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 1 p1 e1111J�J, VpeLaLl V11J, i,:depenLL. d iL1L VVLILLLLVLVLJ,VLvd"' L$-C V111VIeL�'. 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: I. 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. I sC.�S -S 7-D 3 t s�ti EXHIBIT A (Continued 3. The City of Kent shall be named as an additional insured on all:hcies(e ept C 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 A.M. Best rating of not less than A:VII. 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. I 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. The Complete Works of William Shakespeare Abridged Preliminary Technical Rider January 2007 PRESENTER Agrees to furnish, at its sole cost and expense, a theatre for technical set-up and rehearsal as required by THE COMPLETE WORKS OF WILLIAM SHAKESPEARE (ABRIDGED) (hereinafter called ARTIST) and for performance(s) on the date(s) and time(s) indicated on the attached contract of which this rider is an integral part. PRESENTER agrees to have the theatre heated or cooled to a temperature of 65-70 degrees, cleared of other equipment and in good order,with dressing rooms for ARTIST, and all other items described and outlined in this technical rider. PRESENTER, at its cost and expense, agrees to comply with the requirements herein contained and furnish the personnel, equipment and material as follows: A. STAGE 1. A minimum play area 20'wide by 20'deep, 2. Three (3)sets of stairs to access the audience: front stage right, front stage left and front center. 3. One (1) quick change area directly upstage of center scenery flat 20'wide by 8'deep with three (3) 6' conference tables or two (2) 8' conference tables with a horizontal mirror and two (2)white light clip lights on each table, two (2) 8' rolling costume racks with thirty (30) plastic hangers, and four (4) folding chairs. This area must be fully masked from the audience. 4, One (1)set of black legs and borders. 5. One (1) black backdrop or traveler hung directly upstage of the quick-change area. 6. One (1)6'ladder. B. TECHNICAL DIRECTOR PRESENTER shall designate a TECHNICAL DIRECTOR with decision making authority, who shall be accessible to ARTIST at all times that the ARTIST is in the theatre. C. LOAD IN ACCESS The load in door should be as close to the stage as possible and the access to the stage must be clear of all obstructions before arrival, The show requires a load in door of at least 7' by 8'. If scenery/costume boxes must be carried a long distance, PRESENTER should provide a four-wheel castered dolly. D. LOAD IN TIME Four (4) hours is required to load in and focus all elements provided all lighting equipment is hung, gelled and patched according to the information sent. If this is not possible, time and manpower requirements will increase. Load in must begin at least six hours prior to showhme to allow for a sound check two hours before curtain. E. LOAD OUT TIME Approximately one (1) hour is required to load the show out. �� F. LOCAL TECHNICAL ASSISTANCEp G��� (� 1. For load in: a. Two (2) stagehands r,^/ b. Two (2) electricians C. One (1) sound technician Gj d. One (1) wardrobe assistant The set, props, costumes and sound rack travel In two luggage bays on the bu 2. For run crew: a. One(1)stagehand �'/ p 3. For load out: ��U{ a. Two (2)stagehands YV'I Y'C' ' ' b. One (1)sound technician c. One (1)wardrobe assistant They should preferably be the same people that loaded the show in. �1f 4. These numbers reflect typical practices in non-union theatres. If the ARTIST is being presented in a L union house, these numbers will increase according to local labor practices and agreements. Also, in any theatre, union or non-union, if stage labor is not allowed to cross-traditional departmental lines, then labor requirements will increase. Shakespeare Technical Rider p. 1 of 5 O. GENERAL NOTES Presenter Availability The Presenter or a representative must be available at all times to the Production Manager and the Stage Manager from one hour prior to the load-in to the end of the first performance. This person must be able to make decisions on behalf of the Presenter Pre-Show Announcement There can be no pre-show announcement made, either live from the stage or recorded, without the express permission of the Production Stage Manager and the Company Manager. Company Size Actors: 3; Road Crew:5, Bus Driver f. Receptions Any request for participation by the cast in a reception must be submitted in writing at least one(1)week in advance. CLOSING AND ACCEPTANCE The best performance will be achieved if you can meet all of these technical requirements, although we are flexible in some areas Changes must be approved in advance by our Production and Company Manager to avoid any on-site surprises and conflicts, as well as ensure the safety of our company members and the local personnel. Tnese five pages of The Complete Works of William Shakespeare technical rider are accepted and agreed to by the presenter as an integral part of the attached contract, Presenter's Signature Date Print Name: E-mail: Fax: Telephone: Cell/Pager Technical Director Signature Date Print Name: TD Email: Fax: TD Telephone: Cell/Pager Venue: Address: City: State: Zip: Performance Date(s)• Shakespeare Technical Rider p. 3 of 5 yF ' t t 4lj s Ma1 , 1,AP plttM f t Vag J1 ..�-sxrxwn nsu..,..,.._ .'.•tA.�Nh n.h.+1ts� I I THE COMPLETE WORKS OF WILLIAM SHAKESPEARgy�R, r� '9--� 9 '�YMC(P4f.F4.'Am3LIV91 xae to rvar - t qu:.N 4vq ua Shakespeare Technical Rider p. 4 of 5 IF!R W, Pj,Mr ,1 1 :fs rry ' �4 �qo�'A-0,. T, .IE n " , 11 'JI V MW M cam. 4 M 1 Wks 4. 0. W" M at 41 4aa voR01Ifl NY Tj� "Y!, J", Hall,"M_V 1 Q1 At Q pgn"M 111 W ;I_ Rpm 0%. A -X, IR 4,TX I I 1-11�-1 P, , , INs ET WX 11or"F. WT MAN 10 it " I tI l 'a M__ 1 l , &I,Wl`: _1� - �'R, 01 Af A!"5Q, 5" 14 opni A too is Jl, 4- ri Poo,r 40"Al- y". "now 1pyl; A L A!" IrF o" —p—AT, q- 1 A 0 ell, jj= 10 a n 14.e�gyy AK Mvg: r",,f fit -7-o- aq ij Shakespeare Technical Rider P. 5 of 5