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HomeMy WebLinkAboutCAG2007-0841 - Original - Philip Boulding - Spotlight Series: Magical Strings - 09/14/2007 Records M � agemen`6 KENT Document W A9MINGTON ^ 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: s,Q Sl rl{�1QS r10 T hil * olel(' in Vendor Number: I� JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: pnt'14T Se rieS UPI- ► 09 Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: a Contract Effective Date: -1- Termination Date: 1 d-10 ' 0 7 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Department: B(,jrks- U-N Y' A $iIterbeck ,. Detail: (i.e. address, location, parcel number, tax id, etc.): S,Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT WAS HIM1GTON CONTRACTOR SERVICES AGREEMENT between the City of Kent and Magical Strings c/o Philip Boulding THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Magical Strings c/o Philip Boulding organized under the laws of the State of Washington, located and doing business at P.O Box 1240, Olalla, WA 98359. (hereinafter the"Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Description: Magical Strings and guests will present one public performance as part of the Kent Arts Commission's "Spotlight Series" Start Time/Duration/Stop Time: 3 00 p m/2 hours, (including 20 minute intermission)/5 00 p m. Day, Date,Year: Sunday, December 9, 2007 Event Location: Kent-Meridian High School Performing Arts Center, 10020 SE 256r"Street, Kent Merchandising: Contractor will have the right to sell merchandise including souvenir programs, photographs records, articles of clothing, posters, stickers, etc on the premises of the performance Contractor must provide all sales staff and will retain 100% of sales revenue Refreshments: City will provide beverages and light snacks backstage. 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 11. COMPENSATION. The City shall pay Contractor the total sum of $3,500 00 for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. Ill. PRESS MATERIALS. Contractor agrees to provide where appropriate, at his or her own costs, 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 All publicity and promotional materials released to the media 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: City will provide indoor proscenium performing arts center, Kent-Meridian High School Performing Arts Center Sound: City will contract with Rob Folsom to provide sound. Lights: City will provide basic lights available at the venue. Dressing Rooms: City will provide dressing rooms available at the venue. Technical Staff: City will provide a sound technician and up to 2 student technicians to assist with load-in, set-up, sound and light board operation, and strike. 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, 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 Contractor agrees to cooperate in this evaluation process and to make available to the City all information required by such evaluation process 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 engaged in operations covered by this Agreement or accruing out of the performance of such operations CONTRACTOR SERVICES AGREEMENT- l (Under$10,000—Sole Performer) VII. 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 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 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. USE OF CITY MATERIALS. Contractor shall not, without prior written approval and permission of the City, use participant roster or related program materials for any purpose outside this Agreement including, but not limited to, solicitation of participants for Contractor's use in competition with City programs XI. 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. XII. 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 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 XIII. 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 VIII 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 mad, and shall be CONTRACTOR SERVICES AGREEMENT-2 (Under$10,000—Sole Performer) 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 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: i By: By. (srgna re) (signature) Print Name: 6 iM Print Name Jeff Watling Its &y1h eV L.1VIts Director, Parks, Recreation &Community Services Title) (Title) DATE: 2 0 DATE NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Ronda Bdlerbeck, Cultural Programs Manager City of Kent 220 Fourth Avenue South Kent,WA 98032 (telephone) 2 -7 (facsimile) (253) 856-5050 (telephone) (253) 856-6050 (facsimile) P 1LMIFIXiM5100NTPALiY(aINelCpnhacLSFlNAL51iaMeSaM4rbmerSmall09anLNntq(4oC CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000—Sole Perforrner) EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract.