HomeMy WebLinkAboutCAG2011-0630 - Original - Bobby Medina - 2011 Summer Concert Series: "Samba of Soul" - 03/01/2011 . Records M4ploagem "
KET .J = Document
WASH IN GTON
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:
\T) J/ Md n-IS ti 6fd n h(A 6166 LQ
Vendor Number: �O
JD Edwards Number
Contract Number: erll- /2-
This is assigned by City Clerk's Office
Project Name:
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: �� Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or ren al or amendment
Contract Manager: epartment:
Detail: (i.e. address, location, parcel number, tax id, etc.):
i
S.Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
4 '
KEN T
WAS MIN.1.N
CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
Bobby Medina's "Samba to Soul", c/o Bobby Medina
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and Bobby Medina's "Samba to Soul" c/o Bobby Medina located and doing business at 125 K Street NE,
Auburn,WA 98002, 253-931-8388 (hereinafter the "Contractor')
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City
Description: Bobby Medina's "Samba to Soul" 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, August 16, 2011
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
II. COMPENSATION. The City shall pay Contractor the total sum of$1,750.00 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 doduments 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
Vll. 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
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, rop bided, 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 mad, 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.
CONTRACTOR: CITY OF KENT:
By ��"""Y z�L By kf-6 4��
(signature) (Sig ature)
Print Name "�o�3 Mom.%t♦ Print Name Lon Ho n
Its 4ale Its Su erintendent ecreat& &Cultural Services
(title) dle)
DATE ZIZi ��� DATE
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
I ZS K ST isF Ronda Billerbeck, Cultural Programs Manager
fa✓ �^' W A '1 $ec Z City of Kent
220 Fourth Avenue South
Kent, WA 98032
(telephone)
ZS 3- 9 3 &1-z 7 6 Z- (facsimile) (253) 856-5050 (telephone)
(253) 856-6050 (facsimile)
P 1CIWIIFOPM91CONiNACTVtnINYCartacicFINALSLmsubnlSenreMpreemanteWerbCartnct PMmnrSmi Ga
CONTRACTOR SERVICES AGREEMENT-3
(Under$10,000—Sole Performer)
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
a
Form W09 Request for Taxpayer Give form to the
'
(Rev November2005) Identification Number and Certification requester' Do not
Department of the Treawry send to the IRS.
Internal Revenue Semco
cv Name(as shown on your income tax return)
Robert Medina Jr
Business name,if different from above
o Medina Entertainment Resources
m N
a o Individual/ Exempt from backup
Check appropriate box ® Sole proprietor ❑ Corporation ❑ Partnership ❑ Other ► __________________ ❑ withholding
D c m Address(number,street,and apt or suite no) Requester's name and address(optional)
it—` 125 K Street NE
u
1C City,state,and ZIP code
v
a Auburn WA 98002
N List account number(s)here(optional)
)v
Co
Tax ayer Identification Number IN
Enter your TIN in the appropriate box The TIN provided must match the name given on Line 1 to avoid Sod,
security numberbackup withhold ng For individuals,this is your social security number(SSN) However,for a resident I .� I .�.
alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3 For other entitles,it Is
your employer identification number(EIN) If you do not have a number,see How to get a TIN on page 3 or
Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer Identification number
number to enter 8 I 0�0 12 15 19 13 0 17
Certification
Under penalties of perjury, I certify that
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and
2 1 am not subject to backup withholding because (a)I am exempt from backup withholding,or(b)I have not been notified by the Internal
Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has
notified me that I am no longer subject to backup withholding,and
3 1 am a U S person(including a U S resident alien)
Certification instructions You must cross out item 2 above d you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return For real estate transactions,item 2 does not apply
For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement
arrangement(IRA),and generally, payments other than interest and dividends,you are not required to sign the Certification,but you must
provide your correct TIN (See the instructions on page 4) /
Sign Signature of
Here U.S person ► Date t► �I /�t°�
Purpose of Form •An Individual who is a citizen or iesident of the United
A person who is required to file an information return with the States,
IRS,must obtain your correct taxpayer Identification number • A partnership,corporation, company, or association
(TIN)to report,for example, income paid to you,real estate created or organized in the United States or under the laws
transactions, mortgage interest you paid, acquisition or of the United States, or
abandonment of secured property, cancellation of debt, or • Any estate(other than a foreign estate)or trust See
contributions you made to an IRA Regulations sections 301 7701-6(a)and 7(a)for additional
U.S. person. Use Form W-9 only if you are a U S. person information
(including a resident alien),to provide your correct TIN to the ,ial rules for partnerships.Partnerships that conduct a
person requesting it(the requester)and,when applicable, to trade or business in the United States are generally required
1 Certify that the TIN you are giving is correct(or you are to pay a withholding tax on any foreign partners' share of
waiting for a number to be issued), income from such business Further, in certain cases where a
2 Certify that you are not subject to backup withholding, or Form W-9 has not been iecelved, a partnership Is required to
3 Claim exemption from backup withholding it you area presume that a partner is a foreign person, and pay the
U S exempt payee withholding tax Therefore, if you are a U S person that is a
partner in a partnership conducting a trade or business in the
In 3 above, if applicable,you are also certifying that as a United States, provide Form W-9 to the partnership to
US person,your allocable share of any partnership income establish your U S status and avoid withholding on your
from a U S trade or business Is not subject to the share of partnership income
withholding tax on foreign partners' share of effectively
connected income The person who gives Form W-9 to the partnership for
Note.If a requester gives you a form other than Form W-9 to purposes of establishing its U S status and avoiding
request your TIN, you must use the requester's form if It is withholding on its allocable share of net income from the
substantially TIN,simi y u this Form her partnership conducting a trade or business in the United
States is in the following cases
For federal tax purposes,you are considered a person if you • The U S owner of a disregarded entity and not the entity,
are
Cat No 10231X Form W-9 (Rev 11-2005)