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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: Taylor 2 (The Paul Taylor Dance Foundation, Inc.)
Vendor Number: 471786
JD Edwards Number
Contract Number: W a' d OC7
This is assigned by City Clerk's Office
Project Name: 2012-2013 Spotlight Series
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 5/1/12 Termination Date: 3/9/13
Contract Renewal Notice (Days): 90
Number of days required notice for termination or renewal or amendment
Contract Manager: Ronda Blllerbeck Department: Parks
Detail: (i.e. address, location, parcel number, tax id, etc.):
Spotlight Series Performance, Friday, March 8, 2013
S*Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
KENT
WASH I NGTOn
CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
Taylor 2 (The Paul Taylor Dance Foundation Inc.)
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and Taylor 2, The Paul Taylor Dance Foundation, Inc., located and doing business at 551 Grand Street, New
York, New York 10002, 212-431-5562 (hereinafter the "Artist")
I. DESCRIPTION OF WORK.
Artist shall perform the following seances for the City
Description: Artist will present one public performance as part of th'e',pKenB Commission's
"Spotlight Series" '-W0 My Start Time/Duration: 7 30 p m/approximately 2 hours, including a interion5
Day, Date,Year: Friday, March 8, 2013
Event Location: Kentwood High School Performing Arts Center, 25800 160 Ave. SE, Covington,
WA 98042
Merchandising: Artist 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 15%
of the receipts when Artist provides sales staff and 20% of the receipts when City
provides sales staff
Outreach: Artist will conduct one (1) educational outreach activity as follows
-Thurs , March 7, 2013— Master class at Allegro Performing Arts Academy, time
TBD
Lodging: City will provide two nights hotel accommodations (2 single rooms and 3 double
rooms) for Artist
Hospitality: City will provide hospitality as specified in the attached rider
Billing: "Taylor 2 "Artist to receive 100% sole headline billing in all advertising, with
exception of season brochure
Sponsorship: City reserves the right to obtain corporate sponsor(s)for Artist's performance
Exclusivity: Artist shall not appear in general Seattle/Puget Sound market, including King,
Pierce, Snohomish and Kitsap Counties, within two-months before or after March
8, 2013, with the exception of venues previously discussed and mutually agreed
upon
House seats: City will hold ten (10) complimentary house seats for Artist, to be released 24
hours prior to curtain if not notified by Artist
*All as more specifically described In the attached Exhibit B
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 Artist the total sum of $7,000.00 for the work to be performed
under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement A
deposit of$1,000 00 will be paid, by City of Kent check, to Paul Taylor Dance Foundation, Inc upon complete execution
of contract The balance of $6,000 00 will be paid, by City of Kent check, to Paul Taylor Dance Foundation, Inc 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
CONTRACTOR SERVICES AGREEMENT- 1
(Under$10,000—Sole Performer)
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 proscenium theater Kentwood High School Performing Arts Center
Sound: City will provide sound system according to Contractor's technical rider
Lights: City will provide lighting according to Contractor's technical rider*
Dressing Rooms: City will provide dressing room facilities according to Contractor's rider
Technical Staff: City will provide sound and lighting technicians, and theater manager familiar with facility
Contractor will provide any other technical staff, including a road manager or technical director,
necessary for the performance
*All as more specifically described in the attached Exhibit B
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
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. City agrees to indemnify and hold harmless the Artist in the same manner as above.
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
CONTRACTOR SERVICES AGREEMENT -2
(!Under$10,000—Sole Performer)
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 "ram 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 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 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
by law, provided, however, nothing in this paragraph shall be construed to limit the City'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 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
CONTRACTOR SERVICES AGREEMENT-3
(Under$10,000—Sole Performer)
IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date
entered below.
CONTRACTOR: CITY OF KENT:
..— —By. By
(sog at )
Print Name ; ��i (sign ) � � pant Name Lon Hoc an
Its B , (`t\cr. Its Su erintendent Recreat n a d Cultural Services
Ltrtl title
DATE J 2 DATE Co- -- ;2
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
GZa,✓`f lOf cc, Ronda Billerbeck, Cultural Programs Manager
( &f AA City of Kent
e- ) s-K- 220 Fourth Avenue South
Kent, WA 98032
a • Lo (telephone)
lolo • 5l0`l 3 (facsimile) (253) 856-5050 (telephone)
(253) 856-6050 (facsimile)
P ILIMIFORMS`.LONTMLTU(entNNLaMrwISFlNALS1LmwRaMSeMca4yeemaMalPvbtaMactiMxm+SmY Erc
BY :
CONTRACTOR SERVICES AGREEMENT-4
(Under$10,000—Sole Performer)
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS FOR CULTURAL PERFORMANCE AGREEMENTS
Insurance
The Contractor 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
Contractor, their agents, representatives, employees or subcontractors
Minimum Scope of Insurance
Contractor 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 Contractor'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
Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits
1 Commercial General Liability insurance shall be written with limits no less than $1,000,000 each
occurrence, $1,000,000 general aggregate and a$1,000,000 products-completed operations
aggregate limit
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability
insurance
1 The Contractor's insurance coverage shall be primary insurance as respect the City Any Insurance, self-insurance,
or insurance pool coverage
2 maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it
3 The Contractor'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
4 The City of Kent shall be named as an additional insured on all policies(except Professional Liability) as respects
work performed by or on behalf of the contractor 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 policies The Contractor'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
Acceptability of Insurers
Insurance is to be placed with insurers with a current A M Best rating of not less than A VII
Verification of Coverage
Contractor 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 Contractor before
commencement of the work
CONTRACTOR SERVICES AGREEMENT-5
(Under$10,000—Sole Performer)
Subcontractors
Contractor 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 Contractor
CONTRACTOR SERVICES AGREEMENT-6
(Under$10,000—Sole Performer)
PAUL TAYLOR
6 1 A 0 R Z The Paul Taylor Dance Foundation, Inc.
Taylor 2 Agreement
Agreement is made this April 13,2012 between:
TAYLOR 2 (COMPANY) CITY OF RENT ARTS COMMISSION
The Paul Taylor Dance Foundation, Inc. (PRESENTER)
551 Grand Street AND 220 4th Avenue South
New York,NY 10002 Kent, WA 98032
212-431-5562 253/856-5055
COMPANY agrees to perform the below listed activities to take place on the dates and at the time and places listed here:
Date Location Event
Friday,March 8,2013 7 30 PM Kentwood Performing Arts Center Performance
Thursday.March 7,2013 Time TBD Local dance studio TBD Master class
In compensation for the above events PRESENTER agrees to pay COMPANY the amount of Seven Thousand Dollars($7,000 00)PLUS
provide, at its sole expense,accommodations in a mutually agreeable hotel, consisting of five(5)rooms (2 singles and 3 doubles)for the
Company for 2 nights A deposit of One Thousand Dollars($1,000 00)is due upon the signing of the contract and shall be a business check
payable in United States dollars, made payable to PAUL TAYLOR DANCE FOUNDATION,INC The balance of the fee, Six Thousand
Dollars($6,OOC 00)shall be paid no later than 5 00 PM on Friday,March 8,2013,and shall be a college or business check payable in United
States dollars,made payable to PAUL TAYLOR DANCE FOUNDATION,INC and net of any fees,taxes,duties or withholdings imposed
by any and all federal,state and/or local authorities
For the above events PRESENTER agrees to provide space at the location listed,suitable for the event scheduled Please note that dancers
require room temperature at about 70 degrees and a clean splinter free resilient floor for all activities Technical specifications for all
activities are attached
PRESENTER agrees to provide all needed stage hands, number of stagehands to be arrived at through mutual agreement between
PRESENTER and Taylor 2 Production Manager
PRESENTER agrees to provide ten(10)complimentary tickets,configured as five(5)pairs,for any of the above events that require tickets
for admission.
PRESENTER agrees to create programs for all performance events by Taylor 2 COMPANY agrees to provide material for said programs
(not less than 21 days prior to event)as well as pictures and publicity materials to advertise all above listed activities of the COMPANY
All publicity mentioning the COMPANY shalt use the name TAYLOR 2
PRESENTER agrees that no photographs or video shall be taken of any COMPANY activities without written permission from the
COMPANY
PRESENTER and COMPANY agree in good faith to not cancel this agreement except in cases of Force Maleure All notices to
PRESENTER and COMPANY shall be made to the above respective addresses
By signing this agreement PRESENTER,AGENT,and COMPANY attest that they have the right and authority to enter into this agreement
BY Paul Taylor Dance Foundation,Inc BY Gardner Arts Njtvvor4 BY City of Kent Arts Commission
Federal ID#13-2665475
Mike Paquette,Booking Manager eannette Gardner,President Ronda Bdlerbeck,Cultural Programs Mgr
Date Date Date'
PAUL TAYLOR
it TAY l 0 R 2 Taylor 2 Technical Specifications
Taylor 2 was created to allow performances in all possible locations.
With this in mind the company is extremely flexible in its technical specifications Taylor 2 consists of 6 dancers and 2
touring staff a Production Manager and the Rehearsal Director
The Company travels with costumes, a minidisc player and recorded (both minidisc and CD)music accompaniment. We ask
the presenter to provide the performance space with whatever masking is appropriate, lighting, and a sound system The
performance area must have a surface suitable for bare-footed dancing,and nearby space to be used for dressing rooms
The performance area must be clean and free of any obstructions such as pianos,music stands,scenery,etc.
The following specifications for stage,lights,props,and crew will certainly enhance the overall production quality but are not
requirements.
Ideal stage 40' -0"wide,30' -0"deep (crossover is used whenever available) stage masked with black soft
goods to four wings Background should be white cyc with a black scrim 3' in front of it(cyc lighting
equipment between the cyc and scrim) Stage should have a main curtain that moves like a guillotine.
Quick change booths should be arranged upstage left& right with a costume rack, lights & a mirror in
each one Stage floor should be covered by dance flooring so that dancers can perform in bare feet
Ideal Lighting Computer control for 72 dimmers
64 source 4-36 degree Lekos,8 of the Lekos should be template units,
8 source 4-20 degree Lekos,
10-Front of House Lekos(size determined by your performance space),
8-8"Fresnels(1000 watts),
16 par 64 wfl (1000 watts),
Units to light the cyc in three colors
Color provided for instruments on the light plot
For lighting hardware Taylor 2 uses 8 - 14' boom pipes with four side arms each, cable as needed
from light plot,Gel frames for all lighting units,Template holders for 8 units
Ideal Sound Stereo amplification and loudspeakers sufficient for the house, a mixing console with 3 inputs
(company mmidisc player or CD left and right, and a microphone), 2 stage monitors with a separate
volume control from the house speakers Headset communications stage left, stage right and to light,
sound,and fly rail(if it exists)control positions
Crew The exact crew size will be determined between the Taylor 2 Production Manger and your technical
person based upon how much of the above materials you can provide One person to help with
wardrobe ironing and steaming
Dressing Rooms Two separate dressing rooms with counters and mirror space for 3 men and 3 women. Dressing rooms
should have sinks,toilets,and showers
Hospitality If possible bottled water(non-carbonated), fruit juices, soda and coffee/tea with cups can be provided
for 8 people Light refreshments would be appreciated, things like yogurt, fresh fruit, cheese &
crackers,and snack food are wonderful for company morale.
Remember-feel free to contact us with questions-Taylor 2 is flexible!
N fil� &J L. da-0
V
� Te
e t r ,& ,
Signature of facility Technical Director or Production tage Manager Date
PAUL TAYLOR
ITAYLO R 1
MASTER CLASS INFORMATION
If Taylor 2 is working with your presenting organization and you have arranged for one or more
master classes in your community, PLEASE take note of the following suggestions.
1. If possible, please provide transportation for the master class instructor from the hotel where
the company has elected to stay, to the studio where the class is held, and back to the hotel
following the class. This transportation must be arranged so that the teacher arrives at the
studio thirty minutes before the beginning of the class.
2. When it is at all possible, students should be encouraged to attend the entire class. Latecomers
and anyone leaving early are strongly discouraged from attending.
3. It is greatly appreciated if the presenter could arrange to have an accompanist to provide
music for the class. This accompanist can be a piano player, percussionist. or other
instrumentalist, but the individual should have had some experience playing for a dance class
in the past.
4. Presenter will assure that the studio in which the class is taught is clean, between 70 and 75
degrees, and spacious enough to accommodate 35 dancers taking a class.
5. It is suggested the class have no more than 35 students.
6. When multiple classes are scheduled presenter will make best effort to group students by skill
level and age as the students are registered for the class.
If any of this information is unclear, or is causing difficulty in local arrangement, please contact Taylor 2
to discuss.
Initial-
Presenter
Taylor 2
PAUL TAYLOR
11 TAY L Q R Z The Paul Taylor Dance Foundation, Inc.
Taylor 2 Contact Sheet
Bridget Welty Production Manager Phone: (617) 955-0742 e-mail. bwna,.ptdc.ore
(Accommodations,transportation,marketing and press materials, scheduling activities,technical
operations, crew calls, stage schedules)
Ruth Andrien Rehearsal Director,Taylor 2 Phone: (212)431-5562 e-mail:ra@Ttdc.org
(All artistic matters)
Lisa Labrado Director of Public Relations Phone: (646)214-5812 e-mail: Il tdc or
(All questions regarding press and interviews)
Please note that all of the staff members above have the same fax number: Fax: (212) 966-5673
For Presenting Organization:
General Organization Contact:
Ronda Billerbeck Cultural Programs Manager 253-856-5055 rbillerbeck@kentwa gov
Name Title Phone Email
Publicity Contact:
Ronda Billerbeck Cultural Programs Manager 253-856-5055 rbillerbeck@kentwa gov
Name Title Phone Email
Tra�vcti
on C tact:
Name Title Phone Email
Technical Contact-
Rebecca hiu I Do b 6U Theater Manager 206-300-7071 rebecca Iloyd@kent k12 wa us
Name Title Phone Email
Lighting Contact-
Name Title Phone Email
Wardrobe Contact:
Name Title Phone Email
Other:
Name Title Phone Email
Initial-
Presenter
Taylor 2