HomeMy WebLinkAboutCAG2008-0706 - Original - Love Productions, Inc. - Spotlight Series: Champions of the Dance - 07/08/2008 Records Management
N1.17KENT 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 Mary Simmons, City
Clerks Office.
Vendor Name: Loo-�-
Contract Number: PK08 - 2-7 -7
This is assigned by Mary Simmons
Vendor Number: lJ
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Project Name: S 2,006 2— '
Contract Effective Date:
Contract Termination Date: C) b
Contract Renewal Notice (Days):
Number of days required notice for ter ination or renewal or amendment
Contract Manager:
Department: S
Abstract:
D D
ADCL7832 07102
K ENT�
ti W A S H I N G T O N
CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
Love Productions, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and Love Productions, Inc., located and doing business at 400 W 43`d St., Suite 10R, New York, NY 10036,
212-244-9197 (hereinafter the"Contractor").
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Description: Contractor will present one public performance of"Champions of the Dance"as
part of the Kent Arts Commission's"Spotlight Series." (Dancers to include 5
couples.)
Start Time/Duration/Stop Time: 7:30 p.m. /75 minutes, no intermission/8:45 p.m.
Day, Date,Year: Tuesday, October 21, 2008
Event Location: Kentwood High School Performing Arts Center, 25800 164`"Ave SE, Covington
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.
Lodging: City will provide seven (7) hotel rooms on the night of Tuesday, October 21,
2008.
Meal(s): City will provide a meal and refreshments as specified in the attached rider.*
Billing: "Champions of the Dance" Contractor to receive 100%sole headline billing in
all advertising, with exception of season brochure.
Sponsorship: City reserves the right to obtain corporate sponsor(s)for Contractor's
performance.
Exclusivity: Contractor shall not appear in general Seattle/Puget Sound market, including
King, Pierce, Snohomish and Kitsap Counties, within two-months before or after
October 21, 2008, with the exception of venues previously discussed and
mutually agreed upon, including The Admiral Theater in Bremerton, WA.
House seats: City will hold ten (10)complimentary house seats for Contractor, to be released
24 hours prior to curtain if not notified by Contractor.
*The attached rider is part of this agreement.
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$11,600 for the work to be performed
under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. A 50%
deposit of$5,750.00 will be paid, by City of Kent check, upon complete execution of contract. The balance of$5,750.00
will be paid, by City of Kent check, on the day of the performance. All checks will be made payable to Love Productions,
Inc. (Federal Tax ID# 13-371-2878.)
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, a 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 - 1
(Sole Performer)
Venue: City will provide proscenium theater: Kentwood High School Performing Arts Center.
Sound: City will provide sound system according to Contractor's technical rider.*
Lights: City will provide lighting according to Contractor's technical rider.*
Dressing Rooms: City will provide dressing room facilities according to Contractor's 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 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. 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.
X. IMPOSSIBILITY OF PERFORMANCE. Neither party shall 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. MISCELLANEOUS PROVISIONS.
A. Discrimination. In the performance of work under this Agreement or any sub-contract, the Contractor
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.
B. 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.
C. 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.
D. 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
CONTRACTOR SERVICES AGREEMENT - 2
(Sole Performer)
.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.
1 E. 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.
F. 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.
G. 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.
H 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.
I. 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.
CONTRACTO CITY OF KENT:
By: By: & 4� i -Y
(signaturJ (signature)
Print Name. Io Prin j7ettA Cooke
Its — Its: Mayor
(Title) Title
DATE: DATE: 7
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Ronda Billerbeck, Cultural Programs Manager
City of Kent
�0M_-e ) 212 7/-SL-9/97 220 Fourth Avenue South
Kent, WA 98032
t -mot (telephoneK9!?)'ja/-p/9�
PLC (facsimile)(212)24,g:6%- (253) 856-5050(telephone)
(253) 856-6050 (facsimile)
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CONTRACTOR.SE_RVICFS AGREEMENT - 3
(Sole Performer)
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 1185. 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 11 85 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
2. maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it
3. 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.
4 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.
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.
CONTRACTOR SERVICES AGREEMENT - 4
(Sole Performer)
Unamplons of the Dance
Minimum Technical Requirements
Sound Requirements: Basic sound system with two monitors and C.D.
playback; sound system operator.
Light Requirements: Two spotlights with operators and a general four
color wash. One Color Slide Projector.
Stage Requirements: 20' x 30' stage area or larger. If there are
irregularities in the stage (columns, steps, etc.) or if you stage has smaller
dimensions, please let us know beforehand. We are very flexible.
Dressing Area : two private dressing areas backstage (one for males/
one for females) with minor. If back stage area is nUt available please
provide a curtained area for quick costume changes.
Hospitality : Please provide one liter of bottled water for each performer,
ice, fruit juices. fresh fruit and hot meal back stage. Sandwiches, crackers,
snacks are also appreciated.
Email: InfoQloveproductlons.com
Phone: 212-714-9197
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
• Phone: 253-856-5100
KEN T Fax: 253-856-6050
W A S H I N G T O N
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: July 14, 2008
TO: Mayor Suzette Cooke
FROM: Ronda Billerbeck, Cultural Programs Manager PY)
CC: Jeff Watling, Director, Parks, Recreation and Community Services`ER,
Lori Hogan, Superintendent, Recreation and Cultural Services
SUBJECT: 2008-2009 Spotlight Series Contracts
We are proud to announce the line-up for the City of Kent Arts Commission's 2008-2009
Spotlight Series. Sixteen fantastic performances will make this season one of the best
ever. Two of the performer contracts include artistic fees in excess of $10,000 and will
require your signature. The contract for Champions of the Dance is attached for you to
sign, and the contract for The Capitol Steps will be coming soon. Here is the full season
schedule for your information:
Capitol Steps Sunday, September 21
Music and political satire from the Washington D.C.-based troupe of Congressional
staffers turned songwriters.
East Village Opera Company Sunday, September 28
A powerhouse five-piece band, a string quartet, and two outstanding vocalists bring the
towering emotion and timeless musicality of opera into the 21st century.
Gaelic Storm Friday, October 11
Featured in the blockbuster hit movie Titanic, Gaelic Storm's dynamic stage show
features rousing vocals, energetic dance tunes and haunting Celtic ballads.
Champions of the Dance Tuesday, October 21
This dance extravaganza features dancers from ABC's "Dancing with the Stars," as well
as a roster of International Ballroom and Latin Dance Champions.
Chic Gamine Friday, October 24
Vocal roots music from a Winnipeg-based super-group.
Magical Strings 22"d Annual Celtic Yuletide Concert Sunday, December 7
Yuletide music, Irish step dancing, drumming and juggling create a festive celebration.
Sister's Christmas Catechism: The Mystery of the Magi's Gold Fri., December 12
It's CSI meets Bethlehem as Sister tackles the question that has been puzzling historians
throughout the ages: What ever happened to the Magi's gold?
James Cotton Friday, January 23
This Grammy Award winner is one of the most sought-after, hard-driving, seminal blues
musicians touring the world today.
International Guitar Night Saturday, February 7
Acclaimed acoustic guitarists in a special evening of solos, duets and quartets.
Dallas Brass "An American Musical Journey" Thursday, February 12
A colorful trip through American history, including everything from Dixieland, swing,
Broadway and folk to patriotic, pop and even hip-hop.
Crayon Court Sunday, March 8
Larger-than-life crayon characters star in this musical and puppet extravaganza.
BodyVox Saturday, March 14
This Portland, Oregon-based dance company entertains audiences with breathtaking
physicality, striking imagery and belly-laugh inducing wit and whimsy.
Missoula Children's Theater's "The Princess and the Pea" Saturday, March 21
Local students team up with professional actors to present this classic fairy tale.
Tom Rush Saturday, March 28
Tom Rush's distinctive guitar style, wry humor and warm, expressive voice have made
him both a legend and a lure to audiences around the world.
Avner the Eccentric `Exceptions to Gravity" Saturday, April 4
A master of the art of physical comedy, Avner weaves a spell of poetic simplicity in a
show of hilarious predicaments. "Exceptions to Gravity" defies the barriers of language
and culture, and is great entertainment for family audiences.
George Winston Wednesday, April 22
One of America's most popular solo piano artists, Winston's compositions are inspired by
blues, rock, rhythm and blues, jazz and nature.
REQUEST FOR MAYORS SIGNATt
KENT Please Fill in All Applicable Boxes ,
WASHINGTON
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator:`7�j��( G� Phone (Originator): ),/, 1500545 �
Date Sent: 1-- 21 Date Required:
Return Signed Document to: a CONTRACT TERMINATION DATE: La1Z� j
VENDOR NAME: LLWE -0-tbicb, N-F (Y)G. DATE OF COUNCIL APPROVAL:
Brief Explanation of Document:
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All Contracts Must Be Routed Through the Law Department
(This Area to be Completed By the Law Department)
Received: 10WA
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Approval of Law Dept.: RECEIVED lb IA ;
JUL 1 5 2008
Law Dept. Comments: t-
KENT LAW DEPT. � ►�� � �v�
Date Forwarded t Mayor: (Ul0
Shaded Areas to Be Completed by Administration Staff RECEIVED
Received:
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Recommendations &`Comments: ;
Disposition: OT Off'
Date Returned: rt , i' " a�`74��' r., ,
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