HomeMy WebLinkAboutCAG2007-0822 - Original - Rob Folsom - Spotlight Series: Magical Strings Celtic Yuletide Concert - 09/14/2007 Records M n5ooglot'erned !
KENT r,, Document
W.SHi.G.O.
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: rb FzIsom OMB PI'D(1Ac+Jon S
Vendor Number:
JD EdwarcM Number
Contract Number: pk--D-7-3 <<
This Is assigned by City Clerk's Office
Project Name: iah� �fr C's o21_X 2f
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:Contract Effective Date: q—rrJJ—0-7 Termination Date: 1�J��_ D7
Contract Renewal Notice (Days): q U
Number of days required notice for termination or renewal or amendment
Contract Manager: AZO Department: Par ks - GUI tv r!&J
bill mbecl ,
Detail: (i.e. address, location, parcel number, tax id, etc.):
S,Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
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11� KENT
CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
Rob Folsom OMB Productions
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and Rob Folsom, OMB Productions located and doing business at 8102 188t Street Court East, Puyallup,
WA 98375, (253) 846-8755(hereinafter the "Contractor').
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Description: Contractor will provide sound services and equipment for one performance of
Magical Strings Celtic Yuletide Concert as part of the City of Kent Arts
Commission's "Spotlight Series "
Day, Date, Year: Sunday, December 9, 2007
Start Time/Duration/Stop Time: Performance 3 p m.12 hours/5 p m.
Total (load-in through strike) 10 a.m /9 hours/7 p m.
Event Location: Kent-Meridian High School Performing Arts Center, 10020 SE 256h St, Kent
r.__a__, _- r .i� is ahat the t��rr.��h..rl ,r.a�r fhlI Anr—m—twill will he performed in accordance
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with generally accepted professional practices in effect at the time those services are performed
If. COMPENSATION. The City shall pay Contractor the total sum of $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.
press materials, iFiGluding hard cepy oF high FeRr)I-ition elec*oniG phGtogfFaphs, beegraphIG deSGRptions, and program
materials, t less than s 6 ,.,o.,��r
media by the Gontrantor shall GFed t the City of Kent foF its suppo4 of the event oF pfejeGt-
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: City will provide indoor proscenium performing arts center: Kent-Meridian High School
Performing Arts Center.
Sound: Contractor will provide all sound services and necessary equipment.
Lights: City will provide lights available at venue.
Technical Staff: Contractor will provide any additional staff necessary to set-up and operate sound equipment.
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. EVALUATION The Contractor shall have the authority to control and direct the performance and details
of the contract work, however, the work must also meet the approval of the City and shall be subject to the City's general
right of inspection and supervision to secure the satisfactory completion thereof In the performance of this Agreement,
Contractor agrees to comply with all federal, state and municipal laws, rules, and regulations that are or may in the future
become applicable to Contractor or Contractor's business, equipment and personnel
VII. 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.
VIII. 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
CONTRACTOR SERVICES AGREEMENT- I
(Under$10,000—Sole Performer)
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.
IX. 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
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 "ram 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 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, awl 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.
XII. 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
by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under
Section Vill of this Agreement
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
CONTRACTOR SERVICES AGREEMENT-2
(Under$10,000—Sole Pet former)
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 opeiations covered by this Agreement or accruing out of the performance of those operations
IN WITNESS, th parties below execute this Agreement, which shall become effective on the last date
ente
CONT CT CITY OF KENT:
By. By:
ig ature (signature)
Print Na D d Pnnt . Jeff Watling
Its Its Director, Parks, Recreation & Community Services
(T ) ,. / Title
DATE* 1 e DATE `1 f W f o'7
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Ronda Blllerbeck, Cultural Programs Manager
City of Kent
220 Fourth Avenue South
wu nnn
CKent, VYH yOVJGn
(telephone)
(facsimile) (253) 856-5050 (telephone)
(253) 856-6050 (facsimile)
P 1L TOWMONTMOTYeNblOa"M FI W1131 .SahPaworm>SmNlNpen UbarlgCEoc
p cultural/general/Contract-performer small under 70K
CONTRACTOR SERVICES AGREEMENT-3
(Under$10,000—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
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, r r r -r
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
marl, return receipt requested, has been given to the City.
r
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 A.M. Best rating of not less than
AN IL
E. Verification of Coverage
Contractor shall ii rnish the City wiih original certificatCS and a Copy'of u C a "ue idut^vA^y'
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
i