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HomeMy WebLinkAboutCAG2012-0784 - Original - De Temps Antan - Summer Concert Series - 03/23/2012 R, e c o r d s M a w- a ,eme n ✓ KENT Document WASH N GTDN 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: X-f�mjy Vendor Number: _ q Igo�1 ]D Edwards Number -! Contract Number: This is assigned by City Clerk's Office Project Names 2d�2 ��a �ti'�yti��f 0-0y)L'ETA Description: ❑ Interlocal Agreement ❑ Change Order ❑Amendment ® Contract ❑ Other: r� ( �,.� Q Contract Effective Date: Aa21 I d� _ Termination Date: 4 Z Contract Renewal Notice (Days): _ Number of days required notice for termination or renewal or amendment Contract Manager. U Department: -k,,Jjt) Detail: (i.e. address, location, parcel number, tax id, etc.): :IRLF, M-t l 2Ll - -r S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 ra v 'OK ENT CONTRACTOR SERVICES AGREEMENT between the City of Kent and De Temps_Antan THIS AGREEMENT is made between the City of Kent, a Washington munic pal corporation (hereinafter the "City"), and De Temps Antan, clo Eye for Talent located and doing business at 1139 5an Carlos Avenue, Suite 310, San Carlos, CA 94070, 650-595-2274 (hereinafter the "Contractor") I DESCRIPTION OF WORK Contractor shall perform the following services for the City Description De Temps Antan will present one performance as part of the Kent Arts Co mission's Summer Concert Series Start Time/Duration/Stop Time: 12 00 noon/1 hour11'00 p m Day, Date, Year. Tuesday,August 14 2012 Event Location: 'Take-Out Tuesdays' at Kent Station Plaza, 417 Ramsay Way, Kent, Merchandising: Contractor shall have the sole and exclusive right but not obligation, to ell souvenir posters, programs, CDs, DVDs and other merchandise directly pertaining to andlor bearing the likeness of the Artist at the performance City will retain 10% of the receipts when Contractor prove es sales staff and 15% of the receipts when City provides sales staff Contractor further represents that the services furnished under this Agreement ill be performed in accordance with generally accepted professional practices in effect at the time those services are perf rmed IL COMPENSATION The City snail pay Contractor the total sum of$1,800 0 for the work to be performed under this Agreement upon satisfactory completion of all services and requirements pecified in this Agreement A deposit of$900 00 will be paid, by City of Kent check to Eye for Talent, Inc upon complet execution of contract Balance of$900 00 to be paid, by City of Kent check, to De Temps Antan on the day of performanc III. PRESS MATERIALS Contractor agrees to provide to the City where ppropriate, at his or her own expense, complete press materials, including hard copy or high resolution elect onic photographs, biographic descriptions, and program materials, not less than six (6) weeks prior to the initial e ent date for the City's use in promoting the event All publicity and promotional materials regarding the event release 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 st 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 th City, for the efficient operation of the engagement Other arrangements will be the responsibility of the City and Contracto as follows below Venue: City will provide outdoor stage with Canopy Sound: City will provide, Contractor will provide technical requirements no ter 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 Inde endent Contractor-Employer Relationship will be created by this Agreement By their execution of this Agreement, and in accordance with Ch 5108 RCW, the parties make the following representations A The Contractor has the ability to control and direct the performen a and details of its work, the City being interested only in the results obtained under this Agreem nt 6 The Contractor maintains and pays for its own place of business fr which Contractor's services under this Agreement will be performed C The Contractor has an established and independent business I at is eligible for a business deduction for federal income tax purposes that existed before t e City retained Contractor's CONTRACTOR SERVICtS AGREEMENT- 1 (tinder 310 000-Sole Performer) k services, or the Contractor is engaged in an independent) established trade, occupation, profession or business of the same nature as that involved undE r this Agreement D The Contractor is responsible for filing as they become due a I 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 Stale of Washington F The Contractor maintains a set of books dedicated to the expens s and earnings of its business The parties intend that an Independent Contractor-Employer Relationship will be createc by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, tt e City being interested primarily only in the results obtained under this Agreement and compliance with its terms and cond lions 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 she I 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. I sses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performan e of this Agreement except for that portion of the injuries and damages caused by the City's negligence, including asse lions that the use or transfer of any software, book, document, report, film, tape or sound reproduction delivered in a cordance 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 iot be grounds to avoid any of these covenants of indemnification The provisions of this section shall survive the expiration or termination of this Agr ement VIIL 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 ref fence IX. TERMINATION AND BREACH. Either party may terminate this Agreem nt, with or without cause, upon providing the other party ninety (90) days written notice at its address set forth on the sg ature block of this Agreement All costs incurred by the City due to Contractor s failure to comply with the terms and cond ions of this Agreement shall be the responsibility of the Contractor The City may deduct its casts from any payments d e to the Contractor or pia-rate the Agreement amount based upon the actual time of Contractors performance compare to the contracted performance schedule X IMPOSSIBILITY OF PERFORMANCE Outdoor performances are con 3idered "rain or shine " In the event that extreme inclement weather renders an outdoor performance impossible, the ity 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 evert that such failure is caused by or due to acts or regulations of public authorities, civil tumult, strike epidemic or any oth r cause beyond the control of either party In the event of a failure to perform as provided in this section, neither party s iall be liable for the balance of the Agreement XI, MISCELLANEOUS PROVISIONS. A Discrimination In the performance of work under this Agreement or ary sub-contract the Contractor shall not by reason of race, religion, color sex, age, sexual onentahon, national origin, o the presence of any sensory, mental, or physical cisabdity, discriminate against any person B Recyclable Materials Pursuant to Chapter 3 BQ 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 No of Breach The failure of the City to insist upon strict perfor ante of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by t is Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants a 3reements or options, and the same shall be and remain in full force and effect D Resolution of Dilutes and_Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State o` Washington If the parties are unable to settle a iy dispute difference or claim arising from the parties performance of this Agreement the exclusive means of resolving &at dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the Kinc County Superior Court, King CONTRACTOR SERVICES AGREEMENT-2 (Under"0 000—Sole Performer) County Washington, unless the parties agree in writing to an alternative dispute res lution process In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each part shall pay all its legal costs and atiorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any )ther recovery or award provided by law provided however, nothing in this paragraph shall be construed to limit the Cit 's right to indemnification under Section VI 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 contrarV Any written notice hereunder shall become effective three (3) business days after the date of mailing by register&I or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreeme t or such other address as may be hereafter specified in writing F Ass)gnment Any assignmen: of this Agreement by either party withou the written consent of the non- assigning party shall be void If the non-assigning party gives its consent to any assignrr ant, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without ad tional written consent G Modification No waiver, alteration, or modification of any of the prove ons of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and C ntractor H Entire Agreement. The written provisions and terms of this Agreem Dirt, 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 o or altering in any manner this Agreement All of the above documents are hereby made a part of this Agreement H wever, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreem int. the terms of this Agreement shall prevail i Compliance with_Laws_ The Contractor agrees to comply with all federal, tate, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contrac ors business, equipment, and personnel engaged in operations covered by this Agreement or arising out of the performs ice 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 By. (srgneture) ( tur ) Pint Name_ ���� wy� _ Print Name LOr Hogan _ Its_ _ p� v Its -Supennten_dent-R-ecr _ _n & Cultural Services {+tteJ ( +te DATE - ---- �` p ttin l r Z dam-- DATE _ NOTICES TO BE 7§ENTT07— NOTICES TO BE SENT TO CONTRACTOR: CITY OF KENT: Ronda l3illerbeck, Cultural PrDgrams Manager City of Kent 220 Fourth Avenue South Kent, WA 98032 _ _(telephone) (253) 856-5050(telephone) (253) 856-6050 (facsimile) P G/!OlMS'C�VTaY(T'Yw�„(Y!y r/P1{{(p�„H.W�M�gyq YN11.yM1Ytl pYN'2v Sny/erc CONTRACi OR SERVICES AGREEMENT-3 (Under$10 000-Sole Performer)