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HomeMy WebLinkAboutPK17-458 - Original - Tapestry Dance Company - Contract - 6/29/17 40 c o rd s MAI', KENT 4MA5 M I N G'P Document // 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 Fame: Tapestry Dance Company C/o Holden & Arts Associates Vendor Number: 1554023 JD Fdwards Number Contract Number: °- n 5- This is assigned by City Clerk's Office Project Name: 2017-2018 Spotlight aeries [description: ❑ Interlocal Agreement ❑ Change Order F-1 Amendment 0 Contract ❑ Other: Contract Effective Date: 06/29/17 Termination Date: 01/27/18 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: 7,500.00 Approval Authority: ® Department Director ❑Mayor ❑City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Spotlight aeries performance - Friday, January 2.6, 2018. adccW10077._$_-14 4 e,60 0 11-1.�KK FE 14N T CONTRACTOR SERVICES AGREEMENT between the City of Kent and Tanent­ once 1-mpany, c/o Holden & Arts Associates THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Tapestry Dance Company, c/o Holden & Arts Associates located and doing business at P.O. Box 49036 Austin, TX 78765, 512.477-1859 (hereinafter the"Contractor"). 1. DESCRIPTION OF WORK, Contractor shall perform the following services for the City: Description: Contractor will present one public performance of"Passing It Forward" as part of the Kent Arts Cornmission's Spotlight Series. Start Time/Duration/Stop Time: 730 p.m. /approx. 120 minutes including one intermission/approx, 9:30 p.m. Day, Date, Year: Friday, January 26, 2018 Event Location: Kentwood High School Performing Arts Center, 25800 164th Avenue SE, Covington,WA 98042 outreach: Contractor will conduct one educational outreach activity-a tap dance workshop/masterclass with local dance students at Allegro Performing Arts Academy on Thursday, January 25, time TBID- and incorporate local student and/or immigrant artists into the public performance:. 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 Contractor at the performance- City will retain 15%of the receipts when Contractor provides sales staff and 20% of the receipts when City provides sales staff Lodging: City will provide hotel accommodations 5 double room or ra)c), r for the nights of Thursday, January 25 z 0 J and Friday, January 26, 2018, 1� Hospitality: City will provide hospitality as specified in the attached rider. Billing: Tapestry Dance Company"Passing It Forward," Contractor 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 Contractor's performance. Exclusivity: Contractor shall not appear in general Seattle/Puget Sound market, including King, Pierce, Snohomish and Kitsap,Counties,within two-months before or after January 26, 2018, with the exception of venues previously discussed and mutually agreed upon, House seats: City will hold ten (10)complimentary house seats for Contractor, to be released 24 hours prior to curtain if not notified by Artist, *All as more specifically described in the attached Exhibit 8 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$7,500.00 for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. $1,875,00 deposit will be paid, by City of Kent check, to Holden & Arts Associates upon complete execution of the contract. The balance of $5,625.00 will be paid, by City of Kent check, to Tapestry Dance Company on the day of the performance. 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 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 Ine 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: CONTRACTOR SERVICES AGREEMENT - 1 (Uoder$10,000-Sole Perfori-ner) 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. Vli. 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, fiim, 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. Vlll. 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_ If either party should cancel without cause or if an alternate date cannot be arranged, then the canceling party will pay the other party's documented out of pocket costs. All costs incurred by the City due to Contractors 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. CONTRACTOR SERVICES AGREEMENT-2 (Under$10,000-Sore Performer) X. IMPOSSIBILITY OF PERFORMANCE. Indoor performances may be dependent upon a faci-,lily which the City may or may not have control over. Outdoor performances are considered "rain or shine." In the event that extreme inclement weather renders and outdoor performance impossible, or an indoor faailily unexpectedly(-becomes unavailable, the city will attempt to arrange an alternate performance space and Artist 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 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 r2overning 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; rogv_iid , however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section Vil of this Agreement. E. W .ten No' 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 6greement. 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 Lwws. 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. J. Gill Business License Required. Prior to commencing the tasks described in Section I,Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one 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. CaNTRACTt R: CITY OF KENT: �� s� rr t��re (signature) Print Name. Lori Ho pan .... Print I an e: �Its Its: Supt.. Parks Recreation& Cultural Services _.. ter MATE ,s ft,ra DATE: 1 of/ NOTICES TO BE SENT TO.- NOTICES TO BE SENT TO: CONTRACTOR: CITY OF SCENT': Ronda Sll lerbeck, Cultural Programs Manager City of Kent -79-705 220 Four-th Avenue South Kent,WA 98032 - (telephone) ___ _ (facsimile) (253) 866-50 Q (telephone) (253) 856-6050 (facsimile) CONTRACTOR SERVICES AGREEMENT (Under$0,000-,So/e,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 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 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 Certifica !g of Insurance. The City reserves the right to receive a certified copy of all required insurance CONTRACTOR SERVICES AGREEMENT -5 (Under$10,000-sole Performer) policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include ail subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. CONTRACTOR SERVICES AGREEMENT-6 (Under$f 0,000—Sole Performer) Tapestry Dance Company Stephen Pruitt/Production Manager stephen@fiuxiondesigns.com Tapestry Dance Company- Passing It Forward Technical Rider vers.17.01,1 U STAGE Usable stage space of 44'W x 36'D preferred.A wooden deck is mandatory with masonite over a wood floor acceptable. Surface needs to be smooth and free of gaps and protrusions. SCENERY Scenery consists of six(6)hanging scrim panels 4'wide x 15'tall,provided by the company and a projection screen centered upstage provided by the venue.If an appropriately sized screen is not available,one may be provided by the company with prior notice.The hanging panels require 12 @ 4'lengths of V black pipe as weight at the bottom and to hang from at the top,to be provided by the venue.The scrims are lightweight and generally hang by standard black tie line. if this is not acceptable to the venue,then venue must provide riggers and unobtrusive lines to hang panels at the venue's expense. FLY SYSTEM&SOFT GOODS A cyclorama and standard legs are needed with B'spacing preferred between legs and side booms(see ground plan).Adequate overhead electrics,and 2-5 additional pipes are required depending on the size of the stage and load-in schedule,to hang the projection screen and scrim panels. ELECTRICS 1. ETC Eos,Ion or Element console capable of loading a recorded show from.USB. 2.Light plot will adapt to each venue and can often use the venue rep plot,but generally requires approximately 96 @ 2.4K dimmers and coverage of high quality LED or color changers as cyc lights backlight wash on the stage.The number of instruments is variable depends on the size of the stage and type of instruments in the inventory.A detailed lighting plan will be provided specific to the venue. 3.Unique 2 or other silent hazer capable of keeping constant levels during the entire show. 4.Side booms at B'spacing on each side of the stage,generally 4 on each side.Minimum S'high. 5.Tophats,barndoors,donuts,pattern holders,black wrap,and black tac as needed. AUDIO Sound reinforcement appropriate to theatre size to include: 1.A stage monitor mix with EQ capable of delivering high volumes to the dancers on stage. 2.A stereo DI to accept audio Input from a Mac laptop. 3.Two (2)handheld wireless microphones on straight stands 4.Two(2)wireless high quality headset type microphones(one used,one spare) 5.Seven (7)Crown PCC 164 microphones,ur equivalent boundary microphones with a half- cardioid pick-up pattern to be used as floor mics at the US/DS edges of stage to pick up taps. I Tapestry Dance Company- Passing It Forward Technical Rider very. 17,01.10 CREW Load in time will be contingent on conditions at each venue,but the light plot should be hung, patched,and all troubleshooting completed previous to the company's arrival,An approximate 4 hour work call and 5 hr space/tech/sound check the day previous to the show is preferred. Load-in Crew: Master electrician,light board op,sound engineer,carp, fly,plus 3 Electricians and possibly an Assist Fly. Wardrobe 1) rson to wash/dr glean,stew press and repair as needed_q load-in the day before the show. �Uw.4,vj (9�ty� A(� 06 4 t Show Crew: Lighting operator,sound engineer,audio/video operator,backstage wardrobe,others CA, as needed, '�Apeypl OLA- MISCELLANEOUS 1. Talkback through stage monitors from lighting control desk 2. Clear-com or headset communications to all audio,lighting and stage management positions. 3. Video monitor from FOH camera at the stage manager position if located backstage 4. Adequate parking for all vehicles. WORKSHOP'S 1. We would like all workshops to take place the day before performances and not on the main stage if at all possible.These last about one to one and one half hours, Z. We can adjust the focus to your needs,but typically these contain a history of tap and a 0,a demonstration. Audience participation can always he included, If there is something else you would like,just please let us know,A minimum dance floor of about 20 x 20 will be needed. L't s DRESSING ROOMS&HOSPITALITY Joyi e) 1. ]'here are six performers and three traveling technical crew.We require a minimum of two dressing rooms with access to a fabric steamer. \o 0A-1 n 2, We Would like hospitality set Lip anytime the tech crew or performers are in the theater which 0y, would include: a. Bottled winter b. An assortment oFlight snacks and drinks including juice, Coffee,tea, fruit,etc c. Breakfast items set up for early call times such as; Bagels&cream cheese/ Pastries, Light snacks d, Please provide a More Substantial meal including vegetarian items at call time day of show before performance: All details will be confirmed during the advance(no later than one month out)by the TDC Production Manager listed above. If presenter has any major discrepancies of the aforementioned specifications,please contact the TDC Representatives.We can be quite flexible,but only if we know about non-standard conditions in advance. 2