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HomeMy WebLinkAboutPK17-381 - Original - Eric Herman and the Puppy Dogs - Contract - 03/30/17 1�ecords le KENT 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 Dame: Eric Herman and the Puppy Dogs Vender Number: 130029 JD Edward's Number It Contract Number: - This is assigned by City Clerk's Office Project Name: Summer Concert Series Description: F­1 Tnterlocal Agreement ❑ Change Order El Amendment ® Contract ❑ Other: Contract Effective Date: 3/30/17 Termination Date: Contract Renewal Notice (Days): 7 27 17 _ Number of days required notice for termination or renewal or amendment Contract Manager: Callleen Bidman Department: Parks, Cultural Programs Contract Amount: $595.09 Approval Authority: ® Department Director ❑Mayor ❑City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Wednesday Picnic Performance Town Square Plaza ad',cc W 10877 8 14 KENT CONTRACTOR SERVICES AGREEMENT between the City of Kent and Eric Herman and the Puppy Dogs, c/o Eric Herman THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the ".City"), and Eric Herman and the Puppy Dogs, c/o Eric Herman (Endres) located and doing business at 3005 Rose St., West Richard, WA 99353 (hereinafter the "Contractor"). 1. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Description: Eric Herman and the Puppy Dogs will present one performance as part of the Kent Arts Commission's Summer Concert Series, Start Time/Duration/Stop Time: 12:00 noon/1 hour/1:00 p.m. Day, Date, Year: Wednesday, July 26, 2017 Event Location: "Wednesday Picnic Performances" at Town Square Plaza, 2 nd Avenue and Harrison Street, 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. City will retain 10% of the receipts when Contractor provides sales staff and 15% of the receipts when City provides sales, staff. 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, I.I. COMPENSATION. The City shall pay Contractor the total sum of $595.00 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 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 timie(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 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. 51.08 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, CONTRACTOR SERVICES AGREEMENT - 1 (Under$10,000—Sole Performer) 1 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 KENT: By: By: ( ignature) �j _ s;gn to ) Print Name: �►-� G L(,PW-►h� t` Print Name: Lori Hogan Its Its: Suoerintendent. Recreation & Cultural Services 8`5`9) DATE:- DATE: 3•>jD NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Ronda Billerbeck, Cultural Programs Manager City of Kent L✓LP�- c 7,2 220 Fourth Avenue South Kent,WA 98032 (telephone) (facsimile) (253) 856-5050 (telephone) (253) 856-6050 (facsimile) P 1CmKON1ASICONTMCPKa[NMC CCbFI�1SGOMifinCSerKMlprMwlnbWb4tCpdatl-Dblartyr$mal E¢ CONTRACTOR SERVICES AGREEMENT- 3 (Under$10,000-Soie Performer) C EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract.