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Home My WebLink AboutCAG2011-2411 - Original - Mark Stern - Senior Center: Dance Band - 03/29/2011 CITY OF KENT PARKS AND RECREATION DEPARTMENT PROFESSIONAL SERVICE AGREEMENT This Agreement is made this 27th day of October, 2010 by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and ,Clark Stern located and doing business at 2824 20"' Ave E., Lake Tapps, WA 98391 (hereinafter the"Contractor"). RECITALS 1. WHEREAS, the City is undertaking certain activities necessary to further public awareness and interest in recreation, culture,and the arts,and 2. WHEREAS, the City desires to engage the Contractor to render certain technical or professional service in connection with the City's undertaking,and 3 WHED UAS, the Contractor agrees to perform those services for the City under the terms and conditions set forth inthis Agreement,NOW,THEREFORE, In consideration of the mutual promises set forth herein,it is agreed by and between the City and Contractor: SECTION ONE-DESCRIPTION OF WORK The work to be performed by Contractor includes all services generally performed by Contractor in Contractor's usual line of business for the undertakingas described in exhibit A attached hereto mcludin� but not limited to the following. e> Description. Dance Band Start Time/Duration/Stop Time: 7:30—9.30 pm Day,Date,Year. Tuesdays,March 29,April 19,May 31, July 5,August 30,November 15,29,2011 Event Location Address Kent Senior Activity Center,600 E Smith St,Kent,WA 98031 Contractor agrees to provide where appropriate, at his or her own cost, complete press materials(including but not limited to black and white glossy photographs,biographic descriptions, program materials)not less than six 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 SECTION TWO-PAYMENT The City will pay the Contractor S200 00 or the gate if less per dance. If the gate is over S200.00, proceeds will be split 50150 between the City and the Band The Band will receive that amount for the work to be performed under this Agreement upon satisfactorycompletion of all services and requirements specified herein Invoices covering services performed and charges P 4 P g P g incurred by the Contractor will be submitted to the City within ten (10) days after their accrual The City shall make all necessary disbursements within thirty (30)days of the date the service is performed and all invoices are received A SECTION THREE-RELATIONSHIP OF PARTIES The parties intend that an independent contractor-employer relationship will be created by this Agreement As Contractor is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub-contractor of Contractor shall be or shall be deemed to be the employee, agent, representative or sub-contractor of the City. In the performance of the work, Contractor is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents,representatives, or sub-contractor of the Contractor Contractor will be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, representatives and sub-contractors during the performance of this Agreement The City may, during the term of this Agreement,engage other independent contractors to perform the same or similar work that Contractor performs hereunder. SECTION FOUR-EVALUATION Although the Contractor shall have the authority to control and direct the performance and details of the work contemplated by this Agreement, 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 now 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 SECTION FIVE-LIABILITY The work to be performed under this Agreement will be performed entirely at Contractor's risk, and Contractor assumes all responsibility for the condition of Contractor's tools and equipment used in the performance of this Agreement SECTION SIX-INSURANCE Contractor agrees to procure and maintain for the duration of the contract such insurance as will fully protect both Contractor City from any and all clauns under any worker's compensation act and from any and all other claims of whatsoever kind or nature for the damage to property or for personal injury, including death, made by anyone whomsoever, that may anse from operations or the performance of services under this Agreement, either by the Contractor, any subcontractor or anyone directly or indirectly engaged or employed by them Before beginning work on the project described in this Agreement, the Contractor shall provide a certificate of insurance evidencing coverage satisfactory to the City SECTION SEVEN-INDEMNIFICATION The Contractor agrees to indemnify, defend, and save harmless the City, and King County and the State of Washington when any funds for this Contractor are provided by the county or state,their officers, employees and agents, from any and all claims, 2 actions,judgments, losses,costs, including attorneys'fees or awards of damages whatsoever, including claims arising by reason of accident, injury or death caused to persons or property of any kind, arising out of, or in connection with, or incident to, the performance of the work by contractor under this Agreement, except caused by the sole negligence of the City Claims shall include, but not be limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent trademark, trade name,or otherwise results in unfair trade practices SECTION EIGHT-USE OF CITY PROGRAM MATERIALS Contractor shall not, without written approval/permission of the City, use participant roster or related program materials for any purpose outside this Agreement including,but limited to, solicitation of participants for contractors use in competition with City programs SECTION NINE-DISCRIMINATION In the hiring of employees for the performance of work under this Agreement,the Contractor,subcontractor, or any person acting on behalf of such Contractor shall not by race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap, discriminate against any person who is qualified and available to perform the work to which the employment relates SECTION TEN-TERMINATION AND BREACH The City reserves the nght,at its sole option,to terminate this Agreement upon giving ten(10)days written notice to Contractor due to loss of funding, in the event for which services required herem become not feasible, or for Contractor's failure to comply with the terms and conditions of this Agreement Contractor will not be penalized if band director is unable to provide a band for any evening dance if reasonable prior notice is given. 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 SECTION ELEVEN-ENTIRE AGREEMENT The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. There are no other agreements or representations between the City and Contractor except as expressly provided herem SECTION TWELVE-MODIFICATIONS 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 both parties to the Agreement. SECTION THIRTEEN-NO ASSIGNMENT WITHOUT CONSENT 3 6 r Contractor shall not assign this Agreement nor any of the rights and duties hereunder without the prior written consent of the City. SECTION FOURTEEN-WRITTEN NOTICE All written communications regarding this Agreement shall be sent to each of the parties at the address set forth below, unless notified to the contrary. SECTION FIFTEEN-GOVERNING LAW-DISPUTES This Agreement shall be governed by the laws of the State of Washington, and the jurisdiction of any dispute under this Agreement shall be the Superior Court of King County, Washington The City of Kent Contractor 220 Fourth Ave S Kent, WA98032-5895 By��--`»�..�c ByAk-45�� f n , Contractor epresent tive Its Ac.\.,/"\a Date Date — 3 Address �� 6�3ti1 ?f3 -&a 4, -1 ZOO 4