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HomeMy WebLinkAboutPK18-362 - Original - The NOMS - Contract - 11/29/2017 ...%ANT Records Management Document f CONTRACT COVER SHEET i 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: The NOMS C/o Mike Mares Vendor Number (]DE): 1820586 Contract Number (City Clerk): I0 Z L � 3� Category: Contract Agreement Sub-Category (if applicable): Choose an itern._ Project Name: Kent Summer Concert Series Contract Execution Date: 11/29/17 Termination Date: 07/19/18 Contract Manager: Calleen Bidman Department: Parks Contract Amount: $2500.00 Approval Authority: ® Director ❑ Mayor ❑ City Council Other Details Thursdays at the Lake Performance Julv 19. 2018. KENT" Y CONTRACTOR SERVICES AGREEMENT between the City of Kent and The NOMS THIS AGREEMENT its made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and The NOMS cJo Mike Mares, located and doing business at 10212 Santa Paula Avenue NE, Albuquerque, NM 87111 (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Description: The NOMS will present one performance as part of the Kent Arts Commission's Summer Concert Series, plus one educational outreach activity to include a pre-show question and answer session with young musicians. Start Time/Duration/Stop Time: 7 p_m_I90 minutes, one set straight through or two sets with a short break18:30 p.m. Day, Date, Year: Thursday, July 19, 2018 Event Location: "Thursdays at the Lake" at Lake Meridian Park, 14800 SE 2720o St., 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. Contractor provides sales staff and retains 100% of the receipts. 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. Il. COMPENSATION. The City shall pay Contractor the total sum of$2,500 for the work to be performed under this Agreement, by City of Kent check on the day of the performance. III. 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 time(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: City will provide general lighting as needed. 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) 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 affirms that it has registered its business, established an account with the state Department of Revenue and other state agencies, and has obtained a Unified Business Identifier (UBI)from the state of Washington, as the law may require for Contractor's business. 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. VI I. INDEMNIFICATION. Each parry shall defend, indemnify and hold the other, 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. 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. The City warrants that it maintains a program of self-insurance and reinsurance for third-party liability. 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 the City terminates this Agreement prior to Contractor's successful completion of the contract work, Contractor may retain any deposit paid by the City to the Contractor. If, however, the Contactor terminates this Agreement prior to Contractor's successful completion of the contract work, the Contractor shall return all deposits paid by the City to the Contractor. X. IMPOSSIBILITY OF PERFORMANCE. Outdoor performances are considered "rain or shine." In the event that extreme inclement weather renders an outdoor performance impossible, the City will attempt to arrange an alternate performance space and Contractor 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 a failure to perform as provided in this section, neither party shall be liable for the balance of the Agreement. XI. MISCELLANEOUS PROVISIONS. A, IQJ5cf_i!LiiLKUj n. 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. $ .,ygjglAlg C A(enaj,q. 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. {ypr{,-,Waiver ot.._13 ach. 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 he and remain in full force and effect. D f osolution of I,„aµy. 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 CONTRACTOR SERVICES AGREEMENT - 2 (Under$10,000-Sole Performer) attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; ppeyi letl, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. E. kh!a[lS,tl.1...f.VUll4 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. A jg,nin-ml, 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. MOIj1j;S:.7tI0.Ch 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. �rp}rht),rrce 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 KENi By ......Tha Nnm.q I I ( By: �, .......,.m_ (signature) fi;r aamrA.).,_ Print Name _ ... .. . ..... ......... Print Nanw-I,00 H�1g�.f1._.... ..._ ..... .... ........ us.... ...__... 1 M.e Nf91UIS,,LLC Its: supert�'tettrlcmt mien. ' n Gtritttr8l Services .._,. (title) ..__ ..._ .._._., r= -ftrrle) DATE ...... ... ......,.. DATE: fC �. .,, ...,., ..... .........m_.._. .._.__-, . ....._ _.,,... ._ ........ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT, Mike Mares __ Ronda Billerbeck, Cultural Programs Manager l D212_Sankt Pa._ula Ave NE City of Kent Alba. uerave,.RM 87111, 220 Fourth Avenue South 505-228- 612. Kent,WA 98032 (telephone) ......_........ _ .........(facsirnile) (253) 856-5050 (telephone) (253) 856-6050 (facsimile) CONTRACTOR SERVICES AGREEMENT - 3 (Under$10,000—Sole Performer) EXHIBIT A INSURANCE &INDEMNITY REQUIREMENTS No Insurance is required for this Contract. CONTRACTOR SERVICES AGREEMENT - 4 (Under$20,000—Sale Performer)