HomeMy WebLinkAboutPK18-361 - Original - Magical Strings - 2018-2019 Spotlight Series - 09/05/2018 E'NT Records Management Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
Blue/Motion Sheet Attached
Pink Sheet Attached
Vendor Name: Magical Strings C/o Philip Boulding
Vendor Number (]DE): 35079
1., ...... ______ .._ . ...........,._..._ .. ....
Contract Number (City Clerk).
Category: Contract Agreement
Sub-Category (if applicable) Choose an item.
Project Name: 2018-2019 Spotlight Series
Contract Execution Date: 09/05/18 Termination Date: 12/03/18
Contract Manager: Calleen Bidman Department: Parks
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Contract Amount: $4000.00
Approval Authority: ® Director ❑ Mayor ❑ City Council
Other Details One Derformance December 2. 2018
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yy CONTRACTOR SERVICES AGREEMENT
1 big Lr g,r the City of Kent and
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r 4 THIS AGREEMENT is made between the City of Kent a Washington municipal corporation (hereinafter the
r "City ), and Magical Strings, c/o Philip Eoulsding located and doing business at R.O. Box 1240, Odalla, WA 98359.
" (hereinafter the Artist")
L DESCRIPTION OF WORK.
Artist shall perform the following services for the City.
Description, Magical Strings and guests (hereinafter refereed to as ''Artist") will present one
Iyr,idrlia pehco-m l>,C _ as cf the Kart Arts Commission's "Spotlight ref
Start TirnelDuratioinlStop Tirne; 3 00 p m./2 hours, (including 20 minute intemission)l5 00 p,m.
Day, Date, Year: Sunday, December 2, 2018
Event Location: Kent-Meridian High School Performing Arts Center, 10020 SE 256f° St, Kent,
WA 98030
Merchandising: Artist shall have the sole and exclusive right, but root obligation, to sell souvenir
posters, nno,g¢aanas CDs DV7s and other merchandiser directly pe0ainfng to
caintP.hr r L^.a6ni Ihte� ilk,a,ri ss uif the Artist ai 0he pl�^I t,ul"n:�d1 'w". Gii VMIII iaja i6u 16%
of the receipts when Artist provides sales Matt`and 20% of the iecedpts when City
provides sales start`
Meal(s): City will provide beverages and light refreshments backstage
Billing: "Magical Strings Celtic Yuletide Concert," Artist to receive 100% sole headline
billing In all advertising, with exception of season brochure.
Sponsorship: City reserves the right to obtain corporate sponscr(s) for Artist's performance.
H�"`3? seats' City will hold i.r 101 r rn riimentar hot, seae,for Arti. o be releases 9q
( CJ t. y house ar r- _d
hours prior to curtain if not notified by Artist.
Contractor further represents that the services furnished under this Agreement will be performed in accordance
with generally accepted professional practices In effect at tile tlrrre those services are performed.
Id. COMPENSATION. The City shall pay Artist the total sum of $4,000.00 for the work to be performed
under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement_
i PRESS MA P SStiAO w, Contractor argates, io rorrnr a .o free +'fy vr^cra alcp,00 a e 1 r.,ra or her own
rexr)"ns :. coriolete, press inctrroai.a irtatrl>utmll hcrt roomy nl high rsroJ1Ai n Occirronic prions{r2phs biographic
dw sr rgahrns,, aiod program mate rsaPls, not less thar'r six (6) weeks prior to the initial event plate for the City's use in
preonnotfng the event. All publicity rand prornoili znal materials regarding iho event released to ilhe media or public by the
Contractor shall credit the City of Kent for Its suppatt of the event or pro)'ect.
tv. PERFORMANCE SPACE, The City agrees toy furnish, all its 8048 cast and expense, a place of
performance on the date( and at ttae dimes) coneincrt in Ser,lion I. The City shall also provide ushers, a house
ntanrnger, arid box office staff ant# any aiddhiiona8 services acid personnel as required by the City for the erhoient operation
of the sryyraayerr'ent Ot^hr., arrang�anarirCw will be, fre resoonslUhly of the t0ity,oncj Co"Itlrar iof *ra fol9aws beir)lar
Venue: City will provide indoor proscenium performing arts center_ Kent-Meridian High School
Performing Arts Center.
Sound: City will contract with Dan Mortensen to provide sound.
Lights: City midi provide basic lights available at the venue.
Dressing Rooms: City will provide dressing rooms available at the venue.
Technical Staff: City will provide a sound technician and up to 2 student technicians to assist with Iced-in, set-up,
sound and light board operation, and strike,
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Relationship will be created by this Agreement By their execution of this Agreement, and in accordance with Ch 51,08
RCVV, the parties make the following representations
CONTRACTOR SERVICES AGREEMENT - 1
(Under$f 0,000—Sole Pertarrrer)
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,
8, 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 federar income tax purposes that existed before the Cfv ietalned Contractor's
setvice5, Or the C;Oi is engaged in an independently estabhshea trace, occuoatlOr!,
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 rather state agencies as inay be required by Contractors business, and has
obloalined a Unifiefa bur rness (UBI) number froo) 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 Is work, the City being interested primarily
only in the results obtained under this Agreement and compliance with its terins arid',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 rurposre.
VGh INDEMNIFICATION. Contractor shall defend indemnify and hold the City, its officers officials,
errrptoyees, agents and volunteers harmless from any and all darns injuries, carriages, 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 04 transfer Of
wiy software, book, document, report, Min, tape or sound reproduction defiveoed in accordance with this Agreement
constitutes air Infringement of any copyright, patent trademark, trade name„ or otherwise results in unfair trade prl
The City's inspection or acceptance Of any of Contractor's work when completed shall not be grounds to avoid any of
th ,e r*.nvenartfs of inednxnrririe, ticrn
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 seat forth on the, signature block of this Agreement.
Ali costs incurred by the City due to Contractor's failure to comply with the term,and conditions of this Agreement,shall be
the rosponscbrlrfy r,a"the Controcto The City may nleciurrt its costs korn; any Payments dire to the Cont,aoaor or pro-,ste
the Agreement arnnunt haled limin trim actual tore of Contractor's oe form nc e oonij „ecl to the cn rtr r„fait edr,mranr,,,ry
schedule
X. IMPOSSIBILITY OF PERFORMANCE. Indoor performances may be dependent upon a facility which the
City may or may not have control over. ourpoo performances are considered "rain or shine." In the event that extreme
inclement weather renders And outdoor perfoirriance impossible, or an indoor facility 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 ka3emate performance space, Neither party shall be under liability for failure to perform in the event
that such failil is carried by or clue to acts or regulations of public authorities, civil tunmu't strike epidemic or any other
cause beyond tbr, contdul of eiMk l' dearly lrr Ole even] of fT.arfure to luenorrn as prJv led in rhis sectior, neither pa,ty shall be
liable for the balance of the Agreement.
XI. MISCELLANEOUS PROVISIONS.
A r5orirnrnation. In the performance of work under this Agreement or any sub-condroct, the Contractor
Shall not, by reason of race, religion, color, sex, age, sexual orientation, natioiaat origin, or the presence of any sensory,
mental, or physical disability, discriminate against any person-
B. ftfyLlgia Materials. Pursuant to Chapter 3,80 of the Kent City Code, the City requires its Contractors to
rise recyried and re^yraahle 'nlhnnev, ,r prac, ic9r-,i, A prr(, pFef2rr'n/`e may Ue avgi",h, for any desirfOajed
reuycied pioduut.
CONTRACTOR SERVICES AGREEMENT - 2
(Under$(0,000—Sole Performer)
C Lion WanvL( of fireacta. The Wince of the City to insist upon strict performaaace of any of the covenants
nand agreements contained in this Agreement, or to exerciser any option conferred by this Agreement in one or more
instances shall not be conistrf.r rl to be a waiver or rellnyarlshrnc,nt of those covenants, agreements or options, and the
sane shall be and remain in full force and effect,
situ n p yis ri C�over.nrnrTml;. This Agreement shall be governed by and construed in
accordance with the laws of the State of U`Jashingfon If the parties are unable two settle any dispute difference or claim
ail�jcng from the prtrtrpsl perrof icrit ,t of this Agxeern„ni, the exclusive means oli resolving that dispu@n, difference car ctalrn,
shall only It* by filing sult khe, veniie, rules and juiiEdicii ur piers, King Coruuq Cowl, Kina)
V County, Washington unless the parties agree in writing to an alferoaative dispute resolution process. In any clairra or
Iawsuiit for dannarges arising frorn the parties' performance of finis Agreement, each party shall pay all its legal costs and
aEtur ney`s fees incur°red in defending) or bringing such ela0rr or lawsuit, iruaddition to any other recovery or award provided
by lW 2Koviclee, however, nothing in this paragraph shall be construed to 1411h die Ciitly's right no indemnrficeutlun r.unider
Section VBI of this Agreement,
p Wrifiterl Notice All cornirnunrcations regarding this Agreement shall be sent to the parties art the
addresses lisiieot on %tie f,',igri page of the Agreement unless noiiifieid to the contrary- Any written notice heravnde,
�Jhav becorn P( is".Pius (I i�r? (3r 7t�4irreaa rf qi antra tint rJ)frr, od mailing ov reyis rev➢ �,r oe 4,dieil mail ,urine S!Iall bn
deervned suifti+vir ratty givers Ifsent tokhe acYduesee at the address stated in this Agreement or such other address as may
be hereafter s,pecifiecl fit writing
F 69 , Any assignment of this Agreement by either party without the written consent of the non-
assigning party shall be vivid. If the non-assigirling party gives its consent to any a"igrinnent, the terrvds of this Agreement
shall continue In fLrJI farce bared effect and no hirther assignment shall be made withaatit additional wriii en consent
G Mlyaclific�aYir,rt. No waiver, alteration, or r'ra2,adlflcation of any of the provisions of this Agreement shall be
l di c UShcess n wrii''liag and'srcy r, r, by U dL,yy c:U Aa+'Xl2efr apfesapia :r@ of[ a �, r f a+^{+,
H. C'nGi_r A un i. hive ev twin prod Turfs anfr tarujw ey, tlas 1,gioa,iient, tcp,yw, rut o-wiftr nine r:'xi'oiraif5
Attached herein strain supersede; all ,prior verbal swements of any officer or other representative of the City, and such
statements shalll riot tie effective or be construed ax entering Into of, forming ,a pert of or altering in any rnanner this
Agrcerrrent Alli of the above, documents are hereby naale a part of Vi Agreement However, should any language in
any of ilea Exhibits to this Agreerneut coliflict with any language contained in flans Agieement, the lernrs ofthis Agreement
Shall iarevarii.
CzMh.ance,wkj It-aws. The Contractor agrees Ise c mpNy wikh all fe en gal state, and nruo 4cinal larr)s, rules,
an rHq .datorns 'tta# we, now el"Porive Cr in t'he future becoille �ttr{af;avtt;�fe k> Crvrr;rarnrars rrcr nr�ss., c=r,;tu.fasnsnrt, and
p � er gay-d In , atrcns tea._, a L, ',s Agra a,uss 'u lane r t 42 pertear o rCc oP'it�� "ayrea.er'ucaaat.
IN WITNESS, the parfies below execute this Agreement, which, shall becorne effective on the last date
entered below.
i 0?vTFtAGT9R . .., _..
Cif v OF K,.'.,.lN.
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DATE __ ,_... DATE
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�t TiC b SENT 1 O.
CONTRACTOR: CITY OF KEN i
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la� V n j
eIrit'uer�, �J4r2rTlsfnd,-iger
City of KenT
_ 220 Fourth Avenue South
Kent, WA 98032
telaphone)
(253) 856-5050 (telephone)
(253) 856-6050 (facsimile)
CONTRACTOR SERVICES AGREEMENT-3
(Under$10,000-Sole Performar)
EXHIBIT A
INSURANCE 4INDEMNITY REQUIREMEW
No Insurance is required for this Contract.
CONTRACTOR SERVICES AGREEMENT - 4
(Under$10,000—Sole Performer)