HomeMy WebLinkAboutCAG2019-041 - Original - 2018-2019 Spotlight Series KENT 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.
Vendor Name:
Seattle Rock Orchestra c/o Scott Teske
Vendor Number (JDE): 1350081
Contract Number (City Clerk): CA(IICI ' 0H t
Category: _2018/2019 Spotlight Series
Sub-Category (if applicable): None
Project Name: Seattle Rock Orchestra
Contract Execution Date: 1/21/19 Termination Date: 2/3/19
Ronda Billerbeck Parks
Contract Manager: Department:
Contract Amount: T200'00
Budgeted: ® Grant?
Part of NEW Budget: Local: R State: ❑ Federal:
Related to a New Position: Notice required prior to public disclosure?
Basis for Selection of Contractor? Other
Approval Authority: Director ❑ Mayor City Council
Other Details: _Spotlight Series oerformance. Saturday ._February 2, 2019
's,-✓ KENT
y CONTRACTOR SERVICES AGREEMENT
ry between the City of Kent and
Q1,� h. Saattla Rock Orchestra
"� THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
Itt .City"), and Seattle Rock Orchestra, c/o Scott Teske located and doing business at 700 NW 420d St. #315, Seattle,
WA, 98107, 206-659-5575 (hereinafter the"Contractor").
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Description: Contractor will present one public concert (Beatles: Number Ones) as part of the Kent Arts Commission's
"Spotlight Series."
Start Time/Duration/Stop Time: 7:30 p m /approx 2 hours including one intermission /approx. 9:30 p.m.
Day, Date, Year: Saturday, February 2, 2019
Event Location: Kentwood High School Performing Arts Center, 25800 16411 Ave SE, Covington, WA 98042
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: N/A
Hospitality: City will provide water and light snacks.
Billing: Seattle Rock Orchestra performs The Beatles: Number Ones, 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 present the same show (The Beatles: Number Ones) in the general Seattle/Puget
Sound market, including King, Pierce, Snohomish and Kitsap Counties, within two-months before or after February 2,
2019, 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 B
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.
It. COMPENSATION. The City shall pay Contractor the total sum of$7,200.00 for the work to be performed
under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. The full
payment of$7,200 will be paid, by City of Kent check, to Seattle Rock Orchestra on the day of the show.
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 times) 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:
CONTRACTOR SERVICES AGREEMENT- 1
(Under$10,000—Sole Performer)
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.
VII. 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, 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.
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.
All costs incurred by the City due to Contractor's 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—Sole Performer)
Venue: City will provide proscenium theater. Kentwood High School Performing Arts Center
Sound: City will provide sound system according to Contractor's technical rides`
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 8
V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer
Relationship will be cheated 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.
VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harm&ess 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.
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.
All costs incurred by the City due to Contractor's 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$to,000—Sole Performer)
IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date
entered below.
CONTRAC ... .w.. CITY OF KENT:
By: Z"o
....__... -------------!� By_...... � __
(signature) ys� attire)
Print Name: Srntt Tt,cka Print Name: Lori He a,,,,,
Its .Owner/operato --..... ...... ...... Its. Supt. Parks Recre 6 Cultu„ral,Services
,,,,
(title) (title)
DATE: n1 191 igrrt4 DATE . .. ..�`.. 0 /
NOTICES TO BE SENT TO: " NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT.
700 NW 42nd St #315 Ronda Billerbeck, Cultural Programs Manager
Seattle,.WA 981G7 ...... ----- City of Kent
ePrtt f ;�eat6Ner44t4rCtt91f8;f7r -----� 220 Fourth Avenue South
Kent, WA 98032
206.659 5575 (telephone)
— (facsimile) (253) 856-5050 (telephone)
(253) 856-6050 (facsimile)
CONTRACTOR SERVICES AGREEMENT -4
(Under$10,000-Sole Performer)
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract
CONTRACTOR SERVICES AGREEMENT- 5
(Under$f 0,000—Sale Performer)