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HomeMy WebLinkAboutCAG2012-0795 - Original - Los Pinguos - Summer Concert Series - 03/14/2012 Records M emery _ y KENT Document W N9HINGTON IAL 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: Los Pinguos c/o Lisa Walters, Walters Music Vendor Number: 227438 JD Edwards Number Contract Number: 1'K 1 a -O 2 7 This is assigned by City Clerk's Office Project Name: 2012 Summer Concert Series Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 3/14/12 Termination Date: 7/18/12 Contract Renewal Notice (Days): 90 Number of days required notice for termination or renewal or amendment Contract Manager: Calleen Bidman Department: Parks, Cultural Programs Detail: (i.e. address, location, parcel number, tax id, etc.): "Take-Out-Tuesdays" Kent Station July 17, 2012 S•Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 v�a�� �3� 1 KEN T WASHINGTON CONTRACTOR SERVICES AGREEMENT between the City of Kent and Los Pinguos c/o Lisa Walters,Walters Music Agency THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Los Pinguos c/o Lisa Walters, Walters Music Agency located and doing business at P.O. Box 151, Corte Madera, CA 94976,415-945-0515 (hereinafter the "Contractor") I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City Description: Los Pinguos 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 17, 2012 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$2,200.00 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 1 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 i 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 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 parry 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, provided, 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 T CITY OF KENT: By By ( i ture ( gn re) Print Na Print Name Lori Ho an Its Its Su erintendent Recr&iont Cultural Services DATE �(� f 1')j (nrle) DATE NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: t CITY OF KENT: V 1C Ronda Bdlerbeck, Cultural Programs Manager City of Kent 220 Fourth Avenue South Kent, WA 98032 (telephone) (facsimile) (253) 856-5050 (telephone) (253) 856-6050 (facsimile) PLIviPGORMSCONTRAC1WeniNtlCormmb-FINALSOonwttanlSerWcxApreamaMeWvkfConlreUFallomler5mell Em g{{j I CONTRACTOR SERVICES AGREEMENT-3 (Under$>0,000—Sole Performer) 3 EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. a i 4 Walters Music Agency P.O. Box 151, Corte Madera, CA 94976 Phone: 415-945-0515 Email lisa@waltersmusicagency.cwm Los Pinguos Performance Contract THIS CONTRACT is made this February 1,2012,by and between Los Pinguos hereinafter called the Artist,and the City of Kent Arts Commission,hereinafter called the Purchaser This contract for Artist's personal services on this engagement described below shall consist of all provisions in this Contract,and any attachments This Contract shall be executed by Purchaser and returned by February 28,2012. 1 Purchaser's Contact Information Contact Name Ronda Billerbeck Company Name City of Kent Arts Commission Address 220 4h Ave South City, State,Zip Kent,WA 98032 Phone 253-856-5055,Cell-206-450-7203 'LUS 11 OAA S at- Lao 2 Place of En a ement Kent Summer Concert Series T a e en ian - 3 Performance Information I1l/(420 Mih66i� Date(s) Tuesday,July 17.20102 Sets ' v^yes ShowTime(s) 12-00 pm Load in: 10:30am Venue Capacity 1,000 Ticket Price: Free 4. Type of Engagement Outdoor Concert Series To be billed as Los Pinguos 5 Compensation Agreed Upon $2,200 00 Flat Guarantee roi c&&ipt,a-R e4ceurktrn orlP Purchaser Will Make Payments as follows:A deposit of 15%,$330.00 is due h F� ;--2-942 to Walters t! Music Agency The balance of$1,870.00 is due to Los Pinguos immediately following the performance on July 17, 2012 Meals:backstage hospitality Lodging N/A Transportation N/A Backline: N/A PURCHASER WILL MAKE FINAL PAYMENT TO ARTIST,CASH OR CITY CHECK,UNLESS ANOTHER FORM OF PAYMENT HAS BEEN APPROVED PRIOR TO THE ENGAGE ENT W70 i WV_ %t 6 i p��st 6. Merchandising:Artist shall retain o /o)of the gross receipts resulting from the the artist's merchandise Purchaser shall provide table and sales person 7 Technical Requirements Purchaser shall provide sound&a trained engineer to run the board The attached rider is part of the contract 8 Cancellation 8 a)Purchaser agrees that Artist shall have the right to cancel this engagement without liability upon written notice to Purchaser no later than 30 days prior to the date of performance in the event Artist is called upon to render their services for a radio or television appearance,motion picture,or any career advancing opportunity Artist will attempt to reschedule the date with the purchaser for a mutually convenient time 8 b)Should Purchaser have cause to cancel this agreement,notice must be given to Artist in writing via U S Postal Service or similar carrier no later than sixty(60)days prior to this engagement If it is less then 60 days,the deposit will not be returned Any engagement cancelled within thirty(30)days or less will require full payment unless the Artist agrees to waive any part of that payment or Purchaser and Artists agree to reschedule the engagement for another time 9. Force Maieure: $I This agreement by both parties to perform their obligations herein is subject to proven detention by serious illness, accidents,or accidents to means of transportations,labor disputes or walkouts,acts of God,or any act of public authority material breach of Contract by Purchaser, or any other condition beyond either party's control Neither party shall be liable to fulfill the remainder of the Contract nor perform or present any"make-up"date unless expressly agreed to by both parties for a convement future time 10 Disputes and Attorney's Fees: Any controversy or claim arising out of or relating to this Contract,or the breach thereof,shall be settled by arbitration administered by the American Arbitration Association in accordance with its [applicable] rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof 11 It is agreed that Artist signs this Agreement as an independent contractor and not an employee In witness whereof,the parties have executed this Contract o the respective dates shown by their signatures V=& /iz- Date r. Dat Ronda Billerbeck-Purchaser Ltos PmguoAt S Authorized Sig at rere° Auth zed Signature