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Home My WebLink AboutCAG2011-0619 - Original - Handsome Little Devils - Spotlight Series: Vaudeville Performance - 03/10/2011 � Records M-V�agerni�T KENT �►. Document WASHINGTON 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: �'�� o y Vendor Number: . JD Edwards N mber Contract Number: 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 renewal or amendment V /�Contract Manager: )�� Department: � K9L— Detail: (i.e. address, location, parcel number, tax id, etc.): ,j S:Public\Records Management\Forms\ContractCover\adcc7832 11/08 KENT J a f 11 s + CONTRACTOR SERVICES AGREEMENT between the City of Kent and Handsome Llttlo0evils c10 Shawn Entertainment Group THIS AGRFEr•A5V' r$ made hetween trra Citj o` Kept, a Wash n ton nu^uooal rorporalion (hereinafter this "Cite"; ail Handsome Little Devils, ctn Shaw Entertainment Group locat?d ola coi-q business ai P-O sax 648, Groat Barrington, MA 01230 413.274-0038 (hereinef e' 1•7e"Ards-' I DESCRIPTION OF WORK Art,sist a I perforin Me fu low inc. 5ervices iu'1hr-Citg: Description: The Handsome Li-tleUevi s hereinaft=,r roferred to ss'hrtist'l will pr*m Fpotone p,ihlic performanre ;: mart vil t-ie Kern Arts U-irn-rission5 bp.-Alight ter es ' Start TrmWL)vrationlStop Time: 3 OG p rn ,ap-piruxi ria-ely 75 rrinules, �n intarml9sion.,'4 15 pm Day, Data, Year; Saturday, hi9rch 12 2111 Evi�nt Location- Kent 10undia-n High Schciol Performing Arts C;enlor 10020 SE 25e St Ken,, WA 38u3C Merch,uldising Aj st s1a I havE the Sole tend uxulusi�e rich: but no- uoligaUGn [ Se I sc Devi uosters p•ox?r nis C,Ds DUGS :rig o"li.i rriercha'nni5e dlreCtla pertainingtb ,3n,;1rC' oZdnr g t•ne hbenv55 „' the �,rt si st;he p�,lorrnarra C ;y er,l' rut�ir 15:'� u" I iE rEceiprs whe i 'gust nrovidex sales :'aft and 20G,c 01 1110 receipts when C ly t'JI IJ'i IU�.'Y sales suifi Looging; 4.1v w II pr,a Jo Viree,it hclt?I roo rlsor d-e right•,?*'6alu-day MF.rch 12, :011 rNeal(s): c4v will prc,,,dea meal and Wreshments as soez:i i d inthesarbsls rldlar Billing, 'The Hdrid!zn„ Little Devi 5 ` Artist to re•ierve 1�iL'� role het.:11 ne bl ling it all c_JvertisinQ 5vil' eag rt Lire��3�7SOn brach.Jr= Sponsorship; C,ly reser:F:tt)e I I j A io ctta n r, poraLt sponsors) Fe.,ArtisUt, performance, Exititrsrvity. Artist shad, nci appear,n t1?r'.rdl tcatl arPucet 83i nd n=.iket, includ ng King P,cr.e S-d^hp,i r.• d-,d 'rsap Got,itiva, %wrt in "wrrrmonths before or after rti-lar& 12, 2C11, wertrj the 0 toou; p disc sre i and tnub_ra ly agreed'.Jp.Jri House seats: City •coif I-c1d ter 10; (f)m,,hrre-1t3'v r,Ouse seats FCf At St, 'C.oe ala=��[!2a hctlrs piior tc ct r; ri If ro' uolified Inv A ris- I i1 Tha Fi ia-111 ed fader f5 fmrr n s' c,Qftjv n,9nf AL-t,st f.jrher repteserrs that free Seroicfls fu mis-iel unaer the AG reams-ni tiv:II L pis"t+orn Ed I^ ACcolua';eE win generally O:.Xplitd pn,fE.=irfn xl p _virc>� in Effect t11+1e tirrio those serfices a u performed II- ( COMPENSATION The Gi'y s•ia9 pay Arti-st tf'o total sum r 2,01fp 00 for -he work V1 t,t, performed urider ihi5 Agraemcrii upon .=1i,.f story urroletion cit ;I ser,v vs and reguirenrenlb spi gafec it th �- PtLircemen- A E244 y�" � err--rheelE--`-�I-,�.��rr�sYE�r6eda,=„-Rr-C�rFtpo�.,�t�rd�C+;--brae-rtior—e= a-�f;99t I he t 4f Sj lor-a 62 tiSlrWd by C ty of K=ri check, to hs-icsemq Little Dee i� on the fiaF of tI'o ILrF:)r^ia-ue Bala iue of rF- i,afts; City ex tT,tie spl t 3U r ..ortr:rt ir, 20% Cfl," Adddiora oayrnen- will be pn,rl, ay City a=Kentcheci to Har .fsome Llf-le Dc'o e with n 1-1 bUsine-M9s days of the oerfci'nt-nce Ill. PRESS MATERIALS- Arlstag,ees is p,00rle io the C ly 4shere cppclo, ale, a! his a, her owr expense, c-zrripIc°e press r-'tilenalti ire1udi 7g ha-d cnry or hgf- res0lurl:7 e-eClronic photographs, I�icgriiph :: de=c•rpirana, and ptoygrarn ra-erals 'iLt less than six 'q; u"_q ,s or ar to tn- inihol event ❑3tE fc;t,r Cily's use i-i *romotir� tat, c4eri' All publicily a-io woninliorgl rie.enals rega-di,11 tht, eve-t released t4;ne -rdia or aublc o,: It;'r+erns- al-al oredrt the City of Kent fG' Ili support of the Fuent t)f p'r-12Gt IV. PERFORMANCE SPACE- The Cit, agrees to fur'imh a, im sole co5t aid expense, a pace of perc,rr,ancc o, the date(a) ar}ti at the timals; o0rWircd ir. Section ► Ttic City sha! Disc pravde us-ner5, as house CONTi?AUOR SERVICES;,AGREEh"ENT- 1 tr,G1Ci„[1fJ Gt7:-$51W r�rra^-1C"1 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 Artist as follows below Venue: City will provide proscenium theater Kent-Meridian High School Performing Arts Center Sound: City will provide sound system according to Artist's technical rider' Lights: City will provide lighting according to Artist's technical rider" Dressing Rooms: City will provide dressing room facilities according to Artist's rider.` Technical Staff: City will provide sound and lighting technicians, and theater manager familiar with facility Artist will provide any other technical staff, including a road manager or technical director, necessary for the performance `The attached rider is part of this agreement 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 Artist 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 Artist maintains and pays for its own place of business from which Artist's services under this Agreement will be performed C The Artist has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Artist s services, or the Artist is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement D The Artist 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 Adis# has regslered r#s bas+ness and es#ablrs#�ed-are-aeeeant wi#h ttfie sta#e 8e�f -Revenue and other state agencies-as may be reu+red•tiy Ar#+sts business- and-has ebtatned •F4rt6ed-Business identifier UBI)number from e State of�Alask+Fr>gto+� F The Artist 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 Artist 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. Artist 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. Artist 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 Artist'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 Artist'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 Artist 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 Artists failure to comply with the terms and conditions of this Agreement shall be the responsibility of the Artist The City may deduct its costs from any payments due to the Artist or pro-rate the Agreement amount based upon the actual time of Artist s performance compared to the contracted performance schedule CONTRACTOR SERVICES AGREEMENT-2 (Under$10,000-Sole Performer) 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 Artist 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 Artist 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 Dispu'es 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 Vill 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 Agreemen`, 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 Artist 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 Compliance with Laws The Artist agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Artist'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 SERVICES AGREEMENT-3 (Under$10,000—Sore Performer) ARTIST:':''��}}� �+ CITY OF KENT: By ZD C > By (signature) (signature) Print Name 5trton .iha Pr tN e Lori Ho an Its aoe k Its uoenntendent. Recreatior an Cultural Services (trite) (title) DATE FtbMmo-LA 21 ZOI I DATE �J� 20[( v NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ARTIST: CITY OF KENT: `Jha..J Enttriusnraatth &Mqp Ronda Billerheck,Cultural Programs Manager PO &-^ 61% City of Kent Grtok 6MCy- naFoc\ , MA t712,10 220 Fourth Avenue South u Kent WA 98032 4-13 274- 003% (telephone) (facsimile) (253) 856-5050(telephone) (253) 856-6050(facsimile) P c.i FJRM..iCN rxq�*.i5enlaevl,-xlrrt.'3Ynss.Y^,.erxrWCvw.nbiyyKWiatlM1rbmxdnydec CONTRACTOR SERVICES AGREEMENT-d (Under$f 0,000—Sole Performer) EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS FOR CULTURAL PERFORMANCE AGREEMENTS A. insurance The Artist shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Artist, their agents, representatives, employees or subcontractors B Minimum Scope of Insurance Artist shall obtain insurance of the types described below: 1 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage The City shall be named as an insured under the Artist s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage C. Minimum Amounts of Insurance Artist shall maintain the following insurance limits 1 Commercial General Liability insurance shall be written with limits no less than$1,000,000 each occurrence S1,000,000 general aggregate and a$1,000,000 products-completed operations aggregate limit D. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance 1 The Artist's insurance coverage shall be primary insurance as respect the City Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Artist's insurance and shall not contribute with it 2 The Artist's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30)days prior written notice by certified mail, return receipt requested, has been given to the City 3 The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on beha'f of the Artist and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all required insurance pclicies The Artist's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability E. Acceptability of Insurers Insurance is to be placed with insurers with a current AM Best rating of not less than A'VII F. Verification of Coverage Artist shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Artist before commencement o`the work G Subcontractors Artist shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Artist CONTRACTOR SERVICES AGREEMENT-b (Under g10 000—Sofe Performer)