HomeMy WebLinkAboutPK16-439 - Change Order - The Harmaleighs, c/o Lori Peters, Concerted Efforts - Contract - 12/2/16 11,§0 N
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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: The Harmaleighs, c/o Lori Peters Concerted Efforts
Vendor Number: 1407478
]D Edwards Number
Contract Numbed;`
This is assigned by City Clerk's Office
Project Name: 2017 Summer Concert Series/The Harmaleighs c/o Concerted Efforts
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 12/02/16 Termination Date: 08/04/17
Contract Renewal Notice (Days): 90
Number of days required notice for termination or renewal or amendment
Contract Manager: Calleen Bidman Department: Parks Cultural Programs
Contract Amount: $900 00
Approval Authority: ® Department Director ❑Mayor ❑City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Contractor will present one public performance as part of Kent Summer Concert Series
Thursday, August 3, 2017
Lake Meridian Park
14800 SE 272"u Street
Kent, WA
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KENT
W nSMINgT Ux
CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
The Harmaleighs cfo Concerted Efforts _
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and The Harmaleighs, c/o Lori Peters, Concerted Efforts, located and doing business at PO Box 440326,
Sommerville,MA 02144,617-969-0810(hereinafter the"Contractor").
1. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Description:The Harmaleighs will present one performance as part of the Kent Arts Commission's Summer Concert
Series.
Start Time/Duration/Stop Time: 7 p.m./90 minutes, one set straight through or two sets with a short break18:30 p.m.
Day,Date,Year: Thursday, August 3, 2017
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, Contractor provides sales staff and retains 100%of the receipts.
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.
il. COMPENSATION. The City shall pay Contractor the total sum of$1,800 for the work to be performed
under this Agreement,by City of Kent check on the day of the performance. A$900.00 deposit will be paid, by City of
Kent check, to Concerted Efforts upon complete execution of the contract.The balance of$900.00 will be paid, by City of
Kent check,to The Harmaleighs 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 1. 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. 61.08
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 awn 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
CONTRACTOR SERVICES AGREEMENT- 1 1
(Under$10,000—Sale Performer)
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 safely 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 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
CONTRACTOR SERVICES AGREEMENT-2
1
(Under$10,000—sore Performed
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 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 KE T:
By:_� By:
I (sign umi gna )
Print Name: /�'r/IQ e �a^I.-K�gA4 �H Print Name: Lori Ho an
Its A /[9Giny t �1���GgP� Its: Suoerinlendent Recrea' &Cultural Services
fhfle) (fiffo)
DATE: DATE: Ia a
NOTICES 70 BE SENT TO: _ NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Ronda Billerbeck, Cultural Programs Manager
City of Kent
220 Fourth Avenue South
Kent,WA 98032
(telephone)
(facsimile) (253) 856-6060(facsimil )(facsimile)
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CONTRACTOR SERVICES AGREEMENT-3
(Under$10,000—sole Pertonver)
EXHIBIT A
INSURANCE &INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
I
CONTRACTOR SERVICES AGREEMENT-4
(Under$10,000—Sole Performer)
i
PO BOX 440326 SOMERVILLE MA 02144
[C-oncert
_ It , P 617-969-0810 F 617-209-1300
ENGAGEMENT CONTRACT CONTRACT# 14258
This agreement made Tuesday,November 8,2016 is between THE HARMALEIGHS,LLC(hereinafter referred to as'COMPANY71 and CITY OF
KENT(hereinafter referred to as OH'PURASER-), The PURCHASER hereby engages COMPANY to provide the services of"THE HARMALEIGHS'
(hereinafter referred to as ARTIST)to provide the engagement presentation hereinafter described on the terms herein set forth.
F�naaaement Venue AdW
CITY OF KENT CONCERT SERIES THE HARMALEIGHS
Lake Meridian Park. 14800 SE 272nd St Headline Billing, 100%type size
KENT WA 98042 USA
EaulAW Put Date
THURSDAY,AUGUST 3,2017
Number of Shows:1 Ages:All Ages Show March Deal:100%,Artist Sells
Door Time:per advance Showtime:7:00pm Set:one go minute Set(or two 45 mins)@ 7:00pm Show Curfew: NA Other Artists; none
Support Budget:
Terms
$1,600.00 FLAT GUARANTEE
PLUS Purchaser agrees to provide and pay for SoundlLlghts PLUS light snacks/drinks
co
Deposit In $ 900.00 Deposit due June 3,2017 by certified check or an wire pay a to CONCERTED EFFORTS
$
$ 900.00 Balance due in cash to ARTIST day of show(plus bonuses if applicable)
Ticketing Ticket Dose Ticket Prlee City Total Announce Date' MAY tbd
FREE SHOW $ 0.00 7 E 0.00 Capacity outdoors On Rate Date•
$ $ Total Kills
E
E Sellable 0
$ E Per nckel Tax
Per Ticket Fees $
camp tickets:see contract rider Gross Potential' E 0.00 Net Potential' $ 0.00
'based on advance tickel price
accident to Artist or If a performance is prevented,rendered Impossible or Infeasible by any act or
FORCE n of any u In the event of sickness or
regulation of any public authority or bureau,civil tumult,strike,epidemic.Inlerrupllon In or delay of transportation services,war conditions or emergencies or ,
any other similar of disslmilar cause beyond the control of Artist It is understood and agreed that there shall be no claim for damages by Purchaser end that
Artlsl's obligations as to performance(s)staled herein shall be deemed waived.In the event of such non-performance for any other reasons Than stated
here,Including but not limited to Inclement weather, If Artist Is ready,willing and able to perform,Purchaser shall pay the full compensation as defined
herein.
Any attached riders are hereby made an Integral part of this contract. This agreement,the additional terms and conditions and the attached riders constitute
the entire understanding of the parties,cannot be changed orally,and shall be constructed,governed and Interpreted pursuant to the laws of the Slate of
Massachusetts. This agreement may not be assigned by the PURCHASER but shall be binding on the PURCHASER and the PURCHASER's
representatives only.
PURCHASER , ARTIST
RONDA BILLERBECK pay
to, is Hain el ,LL
CI OF 1E 1j Tax ID:
ITY OF KENT Authorized dgnatory
220 FORT AVENUE SOUTH The Harmolelghs,LLC
KENT WA 98032 USA For:THE HARMALEIGHS
I
CONTRACT RIDER
THIS RIDER SHALL BE CONSIDERED TO BE PART OF THE ATTACHED CONTRACTAND
NEITHER CONTRACT NOR RIDER SHALL BE BINDING UNTIL SIGNED BY BOTH PARTIES
HEREUNTO.
1. ARTIST will receive 100% exclusive headline billing, or festival billing where appropriate in any
and all publicity releases and paid advertisements.
2. Any additions to the show must be approved by ARTIST'S management.
3. All payment provided hereunder shall be made in U.S.currency.
4. PURCHASER guarantees that contracted amount represents actual amount to be paid to ARTIST.
PURCHASER assumes all financial responsibility for liens,taxes, withholding, border broker,work
visas,baggage overage charges and all other fees above contracted figure.
5. PURCHASER agrees to make fifteen (15)complimentary tickets available to ARTIST or ARTIST'S
management, the unused portion of which may be placed on sale the day of the show with the
permission ofARTIST orARTIST'S management. PURCHASER agrees to give out not more than
2% of the house in complimentary tickets without written consent from ARTIST or ARTIST'S
management. p
6. PURCHASER agrees to provide at no cost to ARTIST (JItfAclur 1/PJ-w - �'jo uDat
a. One clean, lockable dressing room wi or 7.9 people, mirror, 110 volt electrical outlet, 151
heat or air conditioning, 4 clean_coMnTowels. PURCHASER agrees to be solely responsible for
the security of all items i room area, and shall keep unauthorized personnel from entering
said area.
b. Hummus, pita chips and veggie tray provided. Purehaseaalse a�usl yrevide a het meal(one-0L��
w • ca$24buysulp
c. All liquids Including water a six pack afled erafHreer. These Items an l�utensils,
plates, and glasses shall be made avails eat least two hours prior to performance 4-t'
7• Purchaser agrees to provide at his sole cost and expense a first class professional quality sound
and lighting sgstam appropriate to the venue size, PURCHASER MUST PROVIDE SOUND
y4WTECHNICIAN FOR SOUND CHECKAND DURING ENTIRE PERFORMANCE. PURCHASER
must have sound system ready and functional with sound technicians on stage, at time of load-in
and sound check orARTIST is under no responsibility to perform said sound check.
8. HOTEL: If PURCHASER agrees to provide lodging as indicated on the face of the contract, Alilq `
rooms must have TV, telephone and shower/bathroom, Please afiange,for early check-in. If the
purchaser does not provide accommodationsust refer the band to a local affordable
accommodation.
HOTEL RECO enfENDATIQNi rorrifort Inn
9. AIR TRAVEL: If PURCHASER is providing international/internal air travel, flights must be on a
major carrier/regularly scheduled flight.All ground transportation will be provided and will consist
of a minimum of a 5-seat capacity bus with ample room for luggage and instrument cases.
ARTIST reserves the right to approve flight Itinerary before ticketing.
10. Any television, radio or press interviews and appearance must be cleared through ARTIST'S
management.
11. MERCHANDISING: ARTIST shall have the sole and exclusive right, but no obligation to sell
merchandise In connection with and at the performance hereunder and the receipts thereof shall
belong to the ARTIST exclusively,
12. ARTIST reserves the right to cancel this contract if it conflicts with a bonafide offer for a major
theatrical or television motion picture appearance or soundtrack, a network or major cable
i
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television appearance, or a foreign or major national tour. Notification shall be made not less than
30 days prior to engagement contracted herein, and all deposits shall be returned. ARTIST'S
representative and PROMOTER shall negotiate in goad faith for and early mutually agreeable
replay dale.
13. Provided that ARTIST is ready,willing and able to perform pursuant to the terms hereof, payment
of any guaranteed compensation hereunder shall be made to ARTIST notwithstanding that
inclement weather may render a performance impossible or infeasible.
14. FORCE MAJURE: If any member of Artist's party shall become ill or incapacitated or If
Artist shall be unable for any reason outside of his control to attend the engagement,
Artist shall not be required to perform,in which Instance,any moneys paid by Purchaser
shall be returned and neither party to this agreement shall be under any further obligation
to each other. In the event of a civil disorder,the likes of which could result in damage to
life or property,Artist,in his sole judgment shall have the right to terminate this agreement
at any time without liability.
15. PURCHASER agrees to report box office figures to Pollster and Performance if ticket sales are
80%of capacity, or greater,
Pollster: Phone(559)271-79001 Fax(559)271-7979
Performance; Phone(817)338-9444/Fax(817) 877-4273
PURCHASER is to direct any inquiries to ARTIST'S designated representative.
Agreed to and Accepted by:
PURCHASER DATE
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