HomeMy WebLinkAboutPK2010-0282 - Original - Lulu LaFever & the Hot Tamales - Summer Concert Series - 04/26/2010 .-4 .
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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: qul" ,§AL SLU� � � t
Vendor Number: Mqh9q) qO
JD Edwards Number
Contract Number:
This is assigned by City Clerk's Office `nn
Project Name: \ nd t;V t Ppn�% �A Y�
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: Termination Date: bt
Contract Renewal Notice (Days):
Number of days req"notimination or renewal orramendment
Contract ManagerDepartment: ( ;i
Detail: (i.e. address, location, parcel number, tax id, etc.):
S.Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
KENT
WASHINGTON
CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
Lulu LaFever&the Hot Tamales, c/o Judy Austin, Earth Thunder Productions
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and Lulu LaFever & the Hot Tamales, c/o Judy Austin, Earth Thunder Productions located and doing
business at P.O. Box 189, Naselle,WA 98638, 623-552-1490 (hereinafter the"Contractor")
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City
Description: Lulu LaFever&the Hot Tamales will present one performance as part of the Kent Arts Commission's
Summer Concert Series
Start Time/Duration/Stop Time: 12 00 noon/1 hour/1 00 p m
Day, Date,Year: Tuesday, July 20, 2010 a
Event Location: "Take-Out Tuesdays" at Kent Station Plaza, 417 Ramsay Way, Kent,WA
Merchandising: Contractor shall have the sole and exclusive right, but not obligation, to sell souvenir posters, programs,
CDs, DVDs and other merchandise directly pertaining to and/or bearing the likeness of the Artist at the
performance City will retain 10% of the receipts when Contractor provides sales staff and 15% of the
receipts when City provides sales staff
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$700.00 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, 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
Venue: City will provide outdoor stage with canopy
Sound: City will provide, Contractor will provide technical requirements no later than 30 days prior to
performance date
Lights: N/A
Dressing Rooms: None available
Technical Staff: City will provide sound technician.
V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer
Relationship will be created by this Agreement By their execution of this Agreement, and in accordance with Ch 51 08
RCW, the parties make the following representations
A 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
B. The Contractor maintains and pays for its own place of business from which Contractor's services
under this Agreement will be performed
C. The Contractor has an established and independent business that is eligible for a business
deduction for federal income tax purposes that existed before the City retained Contractor's
services, or the Contractor is engaged in an independently established trade, occupation,
profession, or business of the same nature as that involved under this Agreement
CONTRACTOR SERVICES AGREEMENT- 1
(Under$10,000—Sole Performer)
D. The Contractor is responsible for filing as they become due all necessary tax documents with
appropriate federal and state agencies, including the Internal Revenue Service and the state
Department of Revenue
E The Contractor has registered its business and established an account with the state Department
of Revenue and other state agencies as may be required by Contractor's business, and has
obtained a Unified Business Identifier(UBI) number from the State of Washington
F. The Contractor maintains a set of books dedicated to the expenses and earnings of its business
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 ail 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. 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 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
(Under$10,000—Sole Performer)
by law, provide d, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under
Section VII 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
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.
CONTRA CT0 CITY OF KENT:
By By
(signature) ( ur
,,Print Name LE. La J — Print Name Lori Hogan
Its Its Superintendent, Recreation &Cultural Services
(title) (title)
DATE �\��(�l O DATE
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: s CITY OF KENT:
onda Billerbeck, Cultural Programs Manager
6 bb`X \80l �1r� A�go � L) A al8(,3$ City of Kent
220 Fourth Avenue South
Kent, WA 98032 `
(telephone)
(facsimile) (253) 856-5050 (telephone)
(253) 856-6050 (facsimile)
P 1CrvI1�OFM51LONiMLTKeNNe1LOMrabFINRL31Lmsu4nl5ervlce4gesmenlaWarYaCorNad Perl—rS.0 d.
CONTRACTOR SERVICES AGREEMENT-3
(Under$10,000—Sole Performer)
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
1