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HomeMy WebLinkAboutPK17-177 - Original - Roberto the Magnificent C/o Leap Frog Entertainment - Contract - 03/15/17 //��/////211 /j Records Mgem KENT W ASH Y N C.T0 N �� Docu men t CONTRACT COVER SKEET 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: Roberto the Magnificent C/o Leap Frog Intertainment Vendor Number: 130024 3D Edwards Number Contract Number: -1 - 1-1 This is assigned by City Clerk's Office Project Name: Summer Concert Series Description: ® Interiocal Agreement ❑ Change Order ❑ Amendment ® Contract Q' Other: Contract Effective Date: 3/15/17 Termination Date: 08/10/17 Contract Renewal Notice (Days): 30 Number of days required notice for termination or renewal or amendment Contract Manager: Calleen Bidman Department: Parks, Cultural Programs Contract Amount: 875.00 Approval Authority: Z Department Director ❑Mayor ❑City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Wednesday Picnic Performances at Town Square Plaza We . .._..... __.......... _.._.. ... ........... ._................_.........._ ___.._ .._____.___.__ ... Wednesday, August 0, 2017. _._.__...._. .�_..__ _.......__...... __...._...._w_.__..__ adccW 1087'7_.8__14 (hereinafterWASHINGTO CONTRACTOR SERVICES AGREEMENT Nn between the City of Kent and Roberto the MAgnificent C/o Lean Frog-Entertainment THIS AGREEMENT is made between the City of Kent, a Washington municipaI corporation the "City"), and Roberto the Magnificent, c/o Leap Frog Entertainment located and doing business at PO Box 686, Edmonds, WA 98020, (hereinafter the "Contractor"). i DESCRIPTION OFWORK. Contractor shall perform the following services for the City: Description: Roberto the Magnificent will present one performance as part of the Kent Arts Commission's Summer Concert Series, StartT]rne/Dmration/Gtop Time: 12�00nonn/1 hour/1:00p,m. Day, Date, Year: Wednesday, August 9. 2D17 Event Location: "Wednesday Picnic Performancee" at Town Square Plaza, 2n*Avenue and Harrison Stnaet, Kmnt, WA. Merchandising: Contractor shall have the sole and exclusive right, but not obligation, to sell souvenir posters, programs, CDs, DVDs and other merchandise directly pertaining to and/or bearing the likeness of the Artist at the performance. City will retain 1896of the receipts when Contractor provides sales staff and 1596ofthe receipts when City provides sales staff. Contractor further napnasmntm that the services furnished under this Agreement will be performed in accordance with, generaHy accepted professional practices in effect at the time those services are performed. U. COMPENSATION. The City shall pay Contractor the total sum of $875.00 for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. U[. PRESS MATERIALS. Contractor agrees to provide to the City where appropriaLe, at his or her own axpenme, complete press me1erim|s, including hard copy or high resolution electronic photogsaphs, biographic deecripbons, and program materials, not less than six (6) weeks prior to the initial event date for the Cih/s use in promoting the event. All publicity and promotional materials regarding the event released to the media or public by the Contractor ahaU credit the City of Kent for its support ofthe event orproject, |V. PERFORMANCE SPACE. The City agrees to furmioh, at its sole cost and expense, a place of pedbmnanoa on the data(s) and at the tinno(a) contained in Section i. The City shall also provide ushene, e 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 responsibflity of the City and Contractor as follows below: Venue: City will prov�de covered outdoor stage. Sound: City will provide; Contractor will provide technical requirements no later than 30 days prior to performance date. Lights: N/A Dressing Rooms: None available. Technical Staff: City will provide sound technician. V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch, 51.09 RCVV, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and dotoUa 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 heperformed. C. The Contractor has an established and independent business that is eligible for o business deduction for federal income tax purposes that existed before the City retained Contractor's sorvioom, or the Contractor is engaged in an independently established trade, occupmdnn, profession, ur business ofthe same nature aa that involved under this,Agreement. CONTRACTOR SERVICES AGREEK8ENT- 1 (Under$Y0,0V0—Sole Performer) by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement, E. Written Notice, All communications regarding this Agreement shall be sent to the parties at the ,addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing, F. Assi_qnment, Any assignment of this Agreement by either party without the written consent of the non- assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and' effect and no further assignment shall be made without additional written consent. G. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. H. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. I. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or arising out of the performance of this Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: 'rtByX — � _/ (signat (Sig at Print Name:RQ SLAr v Print Name: Lori Hogan Its—_Llyn g1 �Ea �T-A-levt Z I ­ Its: Superintendent. Recreate & Cultural Services (title) DATE: 3Zf 1//7 DATE;_ 3, Is—.,n NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: J -!�TOY&,Q0P QQ Ronda Billerbeck, Cultural Programs Manager LILA 0 e&'PI f tv/,i t tv'7- City of Kent P0 1-? 220 Fourth Avenue South 4F7j) ,23_Q_12 _J�j Z A- ro 2 C) Kent, WA 98032 Z-,-/-— V o 9 4f (telephone) (facsimile) (253) 856-5050 (telephone) (253) 856-6050 (facsimile) CONTRACTOR SERVICES AGREEMENT - 3 (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. 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 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. 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. 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. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. 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. F. 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.