HomeMy WebLinkAboutCAG2008-0759 - Original - Melkinda Wallis - Kid's Arts Day: Creative Clay Critters - 02/26/2008 I
Records IV1a eme
KEPT Document
WASH V60TG9
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; Melinda WaIli5 dba.. :Rlyt Ari llll Tra.y't_I
Vendor Number: L )(44
JD Edwards Number
Contract Number: PrL)g-27
This is assigned by City Clerk's Office L �+ n
Project Name: -Par 15— bl'i arl D�a " �i'I�YC. Claq Cyf*)r5
Description: ❑ Interlocal Agreement 0 Change Order El Amendment ❑ Contract
❑ Other:
Contract Effective Date: Termination Date: Qg
Contract Renewal Notice (Days): 90
Number of days required notice for termination or renewal or amendment
Contract Manager: Ronda Biilerbeck Department: Parks- Cultural
Detail: (i.e. address, location, parcel number, tax id, etc,):
S:Publtc\RecordsManagement\Forms\contractcover\adcc7832 1 11108
KENT
CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
Melinda Wallis
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Melinda Pleshe Wallis dba Have Art We'll Travel organized
under the laws of the State of Washington, located and doing business at 11410 NE 1241h
Street, #224, Kirkland, WA 98034 (hereinafter the "Contractor").
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Description: Hands-on art project, Creative Clay Critters. Under adult supervision, kids will
use a handful of clay and other materials to make weird and wonderful clay critters. Contractor
provides materials, set-up, volunteer training and project leadership for 500-600 participants.
City provides table, chairs and volunteers.
Start Time/ Stop Time: 9 am — 5 pm
Duration: 6 hours leadership + set-up/take-down
Day, Date, Year: Saturday, March 1, 2008
Event Location: Kent Commons, 525 Fourth Avenue North, Kent, WA
Merchandising: n/a
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 sum of $626.00 (Six hundred
twenty-six dollars) for fee, materials and work to be performed under this Agreement within 15
days of event.
III. PRESS MATERIALS. Contractor agrees to provide where appropriate, at his or her
own costs, complete press materials, including but not limited to black and white glossy
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. 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.
V. 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
F
' CONTRACTOR SERVICES AGREEMENT- 1
(Under$10,000—Sole Performer)
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.
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,
I trade name, or otherwise results in unfair trade practices. The City's inspection or acceptance of
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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, automobile insurance which shall cover claims for injuries to persons or damage to
property which may arise from or in connection with any travel conducted in the performance of
the work hereunder by the Contractor, its agents, representatives, employees, sub-consultants
or sub-contractors.
Before beginning work on the project described in this Agreement, the Contractor shall
provide a Certificate of Insurance evidencing the following insurance coverage and limits:
Automobile Liability insurance with limits no less than $100,000 bodily
injury, per person, $300,000 per accident, and $50,000 property damage
covering all owned, non-owned, hired and leased vehicles; and
Any payment of deductible or any self-insured retention shall be the sole responsibility of
the Contractor. Insurance is to be placed with insurers with a current A.M. best rating of not less
than A:VII.
The City also reserves its unqualified right to require at any time and for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all endorsements as
evidence of coverage.
IX. 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.
CONTRACTOR SERVICES AGREEMENT-2
(Under$10,000—Sole Performer)
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. 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.
XII. 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.
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
CONTRACTOR SERVICES AGREEMENT-3
(Under$10,000—Sole Performer)
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Contractor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONTRACTOR: / lt�® CITY OF KENT:
vlJ4 � By. )C5�By: (signatur )
(signature) I I Print Name: Jeff Watling, Director
Print Name: b1 -6 .,U 0 4 W A Parks, Recreation & Community Services
Its F,t,rw✓
(Title) DATE: Z-(-;�P/lw$
DATE: 1 ' IJ' - 0i
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
/A�G1ND� /kLUs Cheryl dos Remedios
, City of Kent
1/1-116 il)E zZy 220 Fourth Avenue South
l�1 rlLl��d (nJ/1 9 4D 3'y Kent, WA 98032
(253) 856-5058 (telephone)
k z SJ y3 19 y (telephone) (253) 856-6050 (facsimile)
(facsimile)
CONTRACTOR SERVICES AGREEMENT-4
(Under Sl0,000—Sole Performer)