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HomeMy WebLinkAboutCAG2012-0786 - Original - Darlene Dihel - Kid's Arts Day: Sumi Japanese Ink Painting - 02/28/2012 Records Mangemer KENT Document W h9XINGTOX n ''r Y+i 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: Darlene Dihel Vendor Number: 39765 JD Edwards Number Contract Number: -Pr, i a- 057 This is assigned by City Clerk's O ice Project Name: 2012 Kent Kids' Arts Day Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 2/28/12 Termination Date: 3/4/12 Contract Renewal Notice (Days): 30 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.): Hand-on art project leader - Sumi Painting/Japanese Ink Painting Kent Commons Saturday, March 3, 21012 S•Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT CONTRACTOR SERVICES AGREEMENT between the City of Kent and Darlene Dihel THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Darlene Dihel organized under the laws of the State of Washington, located and doing business at 4206 1461h St NW, Gig Harbor, WA 98332 (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Description of hands-on art project: Sumi Painting/Japanese Ink Painting Learn basic calligraphic and sums strokes to paint a picture. Add your chop (seal) to the finished work. Materials, set-up, volunteer training and project leadership for 400-500 participants. City to provide tables, chairs and electrical. Contractor to provide all other materials. Start Time/Stop Time: 9 am — 5 pm Duration: 6 hours leadership + set-up/take-down Day, Date, Year: Saturday, March 3, 2012 Event Location: Kent Commons, 525 Fourth Avenue North, Kent Merchandising: n/a 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 $340.00 (Three hundred and forty dollars) artist fee, supplies and work to be performed under this Agreement within 30 days of the event. III. PRESS MATERIALS. Contractor agrees to provide where appropriate, at his or her own costs, complete press materials, including but not limited to black and white glossy photographs, biographic descriptions, and program materials, not less than six (5) 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. IV. INDEPENDENT CONTRACTOR. 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 only in the results obtained under this Agreement. V. EVALUATION. The Contractor shall have the authority to control and direct the performance and details of the contract work, 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 or CONTRACTOR SERVICES AGREEMENT- I (Under$10,000—Sole Performer) 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. VI. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and 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. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. 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. VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, automobile insurance which shall cover claims for injuries to persons or damage to property which may arise from or in connection with any travel conducted in the performance of the work hereunder by the Contractor, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Contractor shall provide a Certificate of Insurance evidencing the following insurance coverage and limits: Automobile Liability insurance with limits no less than $100,000 bodily injury, per person, $300,000 per accident, and $50,000 property damage covering all owned, non-owned, hired and leased vehicles; and Any payment of deductible or any self-insured retention shall be the sole responsibility of the Contractor. Insurance is to be placed with insurers with a current A.M. best rating of not less than A:VII. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. IX. USE OF CITY MATERIALS. Contractor shall not, without prior written approval and permission of the City, use participant roster or related program materials for any purpose outside this Agreement including, but not limited to, solicitation of participants for Contractor's use in competition with City programs. CONTRACTOR SERVICES AGREEMENT-2 (Under$10,000—Sole Performer) X. 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. XI. 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. The Contractor shall be under no liability for failure to perform in the event that such failure is caused by or due to acts or regulations of public authorities, civil tulmut, strike, epidemic or any other cause beyond the control of Contractor. In the event of a failure to perform as provided in this section, neither party shall be liable for the balance of the Agreement. XII. MISCELLANEOUS PROVISIONS. A. 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. B. 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. C. 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 venue, rules and jurisdiction of the Kin Count Superior Court filing suit exclusively under the ve � g y p , 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 VIII of this Agreement. D. 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. E. 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 CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000—Sole Pei former) *. 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. F. 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. G. 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. H. 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 accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF 1 NT: By: Y2/ l (si at rey (si nature) Print Name: Lori Ho an n u entendant Print Name: �rz�—� e� L l Recreation & Cultural Programs Its ov- (Tit/e) DATE: - 1Z DATE: ZZ 2�j --7. NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Cheryl dos Remedios City of Kent Li) ' 220 Fourth Avenue South Kent, WA 98032 (253) 856-5058 (telephone) 85 �9D 38 (telephone) (253) 856-6050 (facsimile) 1 ,, _n (facsimile) cCc�.o G�0 Go "" P:\Civil\FORMS\CONTRACT\KentNetContracts\ConsultantAgreements\ParksPerformerAg r-SMALL- UnderlOK.doc CONTRACTOR SERVICES AGREEMENT-4 (Under$10,000—Sole Performer)