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HomeMy WebLinkAboutPK17-092 - Original - Kent Downtown Partnership - 2017 Community Arts Night Walk - 2/7/17 �� e c o r d s M al' - gem ( KENT DocumentWASH-G T O N a-,, CONTRACT COVED. 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: Kent Downtown Partnership Vendor Number: 34231 .IUD Edward's Number Contract Plumber: -1-0`7 This is assigned by City Clerk's Office Project Name: Kent Arts Commission Community Arts Support Grant Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other; Contract Effective Date: 2,/7/17 Termination Date: 12/30/17 Contract Renewal Notice (Days): 30 Number of days required notice for termination or renewal or amendment Contract Manager: Ronda Billerbeck Department: Parks, Cultural Programs Contract Amount: $750.00 Approval Authority: ® Department Director ❑Mayor ❑City Council Detail: (i.e. address, location, parcel number, tax id, etc.): 201.7 Community Arts Supp ...... Night/Walk. .. . __ -. _... _.....__ .. . --- _. ------ Downtown Kent. adccW10877_,8, 14 t KET CONTRACTOR SERVICES AGREEMENT between the City of Kent Arts Commission and - Kent Downtown Partnership THIS AGREEMENT is made between the City of Kent Arts Commission, a Washington municipal corporation (hereinafter the, "City"), and Kent Downtown Partnership organized under the laws of the State of Washington, located and doing business at 202 E Gowe Street, Ste. A Kent, WA. 98032-5858 (hereinafter the "Contractor"). 1. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Description: Third Thursday Art Night/Walk (as described in Exhibit B) Day, Date, Year: January - December 2017 Event Location: Downtown Kent 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. 11, COMPENSATION. The City shall pay Contractor the total sum of $75,0.0,0 for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. Ill. 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 eight (8) 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 Arts Commission for its support of the event or project. Promotional credit must be clear and prominent. 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 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. V1. 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. Vil. 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. CONTRACTOR SERVICES AGREEMENT- I ('Communitv Arts T'unding Pro ects) VIII. 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. 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. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor 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 who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. TERMINATION AND BREACH. In the event of loss of funding or the Contractor's failure to comply with the terms and conditions of this Agreement, the City may terminate this Agreement upon providing only thirty (30) days written notice to Contractor. 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. 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 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 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 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. CONTRACTOR SERVICES AGREEMENT-2 (Community Arts Funding Projects) H. Comoliance 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 KENT: By: , By: �i urge., {si ature Print Na�e: �� Print Name: Lori Ho an Its Its: Superintendent of s, Recreation & Title) Community Services DATE: /"���d (Title) DATE: dt •7-t '- NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: �1G�1"ham.. ►`•b Ronda Billerbeck City of Kent 4 . Ct ® 15 220 Fourth Avenue South Kent,WA 98032 (telephone) (facsimile) (253)856-5050 (telephone) (253)856-6050 (facsimile) P.Y)MffO1t1A81COMMGTIimtNelGdYiaet►iINAISWUYaCmmekl,ArtcFyt�k,p�a14101.0a0 CONTRACTOR SERVICES AGREEMENT-3 (Community Arts Funding Projects) CITY v9F KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, Contractors and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, Contractor or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, Contractors, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal,state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 (Community Arts Funding Projects) 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. A. 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 1185. 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 1185 or a substitute endorsement providing equivalent coverage. B. 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. C. 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.