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HomeMy WebLinkAboutCAG2012-800 - Original - New Transit c/o Tony Harrison - Summer Concert Series - 05/21/2012 10 Records M v: gem16 KEWT Document WASHINGTON an �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: New Transit, C/o Tony Harrison Vendor Number: 461358 JD Edwards Number Contract Number: PK Ja- o9,7 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: 3/5/12 Termination Date: 7/26/12 Contract Renewal Notice (Days): 90 Number of days required notice for termination or renewal or amendment Contract Manager: Ronda Billerbeck Department: Parks Detail: (i.e. address, location, parcel number, tax id, etc.): Summer Concert Series - Thursday, July 26, 2012 concert S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 \4* LmMK KENT W G T CONTRACTOR SERVICES AGREEMENT between the City of Kent and New Transit C/o Tony Harrison THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and New Transit, c/o Tony Harrison located and doing business at 11623 Lake Shore Drive, Nampa, ID 83686 (hereinafter the "Contractor") I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City- Description: New Transit will present one performance as part of the Kent Arts Commission's Summer Concert Series Start TimelDuration/Stop Time: 7 p m 190 minutes, one set straight through or two sets with a short break/8 30 p m Day, Date,Year: Thursday, July 26, 2012 Event Location: "Thursdays at the Lake" at Lake Meridian Park, 14800 SE 272nd St, 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$1,200 for the work to be performed under this Agreement, by City of Kent check on the day of the performance 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 covered outdoor stage Sound: City will provide, Contractor will provide technical requirements no later than 30 days prior to performance date Lights: City will provide general lighting as needed 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) 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. CONTRACTOR: CITY OF KENT: By OALI By (signature) (sig tune) Print Name AV1+k rn R R r-p-&0 Print Name Lori Hogan Its A-ri � ` Ja j S Its Superintendent Recre tion & Cultural Services title) DATEZ DATE IF I NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: �� r +G� r{ �S Ronda Bdlerbeck, Cultural Programs Manager S410 r City of Kent 220 Fourth Avenue South Kent, WA 98032 a0 — 0 (telephone) (facsimile) (253) 856-5050 (telephone) (253) 856-6050 (facsimile) PKNIFFORNSKONTWCi`XrINetceNrsO[RIWIIB'GOMU1nIsrNcwOgramneMPwulwcmlrxt PertamersmIl Eae EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000—Sole Performer) EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract.