HomeMy WebLinkAboutCAG2008-0762 - Original - David Waltman - 4th of July Splash - 06/25/2008 Records Management
KENT WASH ING TO N 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: David WodbmaArL Vendor Number: J
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Contract Number: l �\O O - Z 7 r7
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Project Name: fitt i--k of Jbelt/ SvI0.Sh.-
Contract Effective Date: b 'Z q -og Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: ko t d s.- D I ll fwbec L Department:
Abstract:
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KENT
W A S H I N G T O N
CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
David Waltman
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and David Waltman, located and doing business at 7225 150n' Drive NE, Lake Stevens,WA 98268 (hereinafter
the"Contractor").
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Description: Contractor will provide a symphony orchestra(50 to 60 members) to perform a full-length evening concert
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./30 minutes/10:30 p.m. (approximate)
Set-up&Sound Check:7:30/60 minutes/8:30 p.m.
Day, Date,Year: Friday, July 4, 2008
Event Location: Lake Meridian Park, 14800 SE 272"d Street, Kent
Billing: Contractor's symphony orchestra will be billed as"Rainier Symphony" in all promotional materials.
Transportation: City will provide transportation, consisting of two buses, for orchestra members to and from a
designated off-site parking lot.
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$4,500 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 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, 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 272"d 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.
CONTRACTOR SERVICES AGREEMENT- I
(Under$10,000—Larger Organization)
t
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. 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.
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.
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$10,000—Larger Organization)
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 waiveir, 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:
IWOBy:
By: (sig LL2Q
(signature) Print Name: Lori Hog n
Print Name: David Waltman Its Superint dent, Recreation &Cultural
Its Services (Title)
(Title) DATE:
DATE: 6/24/08
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
David Waltman Ronda Billerbeck, Cultural Programs Manager
City of Kent
7225 150th Drive NE 220 Fourth Avenue South
Lake Stevens.WA 98258 Kent,WA 98032
(425)418-1615 (telephone)
(facsimile) (253)856-5050(telephone)
(253)856-6050(facsimile)
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CONTRACTOR SERVICES AGREEMENT-3
(Under$10,000—Larger Organization)
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 24th day of June 12008 .
By: 144��
For.
Title:
Date. 6/24/08
EEO COMPLIANCE DOCUMENTS
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April1, 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 Company, hereby acknowledge
and declare that the before-mentioned company was the prime contractor 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 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.
Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liabilitv 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.
Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liabilitv 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.
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.
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 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.
E. 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.
EEO COMPLIANCE DOCUMENTS