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HomeMy WebLinkAboutCAG2012-0804 - Original - Taylor 2 - Spotlight Series: Taylor 2 - 06/05/2012 Records Mqi1agemerit 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