HomeMy WebLinkAboutCAG2019-161 - Original - KBAM! Kevin Bruce Arts Management - Kent's 4th of July Splash - 07/01/2019 KEN,- 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:
KBAM! Kevin Bruce Arts Management
Vendor Number (7DE): 176697
Contract Number (City Clerk): WCIU161- ILO
Category: -Contract Agreement
Sub-Category (if applicable): None
Project Name: Kent's 4th of July Splash
Contract Execution Date: 1/30/19 Termination Date: 7/5/19
Ronda Billerbeck Parks
Contract Manager: Department:
Contract Amount: $1 1 000.00
Budgeted: 7 Grant?
Part of NEW Budget: Local: State: Federal:
Related to a New Position: FINotice required prior to public disclosure?Yes
Basis for Selection of Contractor? Other
Approval Authority: ❑✓ Director Mayor ❑ City Council
Other Details: KBAM! will present a four (4) day residency, "Rawk Camp"
for youth 8-12 years. Public performances at Kent's Fourth of July Splash
KENT
Vol
CONTRACTOR SERVICES AGREEMENT
^� � - between the City of Kent and
KBAM! Kevin Bruce Arts Manaaement
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and KBAM! Kevin Bruce Arts Management (for services of Speed Control) located and doing business at
308-1545 E. 2"d Ave., Vancouver, BC V5N 1C8, (604) 253-6965 (hereinafter the "Contractor").
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Description: Contractor will present a four(4)day residency, including:
• Three (3) days of"Rawk Camp" instruction (2 sessions at 3 hours/day =6 hours)for youth 8-12 years
• Public performances at Kent's Fourth of July Splash (youth performances and Speed Control show)
Day, Date, Time: Monday, July 1 -Thursday, July 4, 2019
• 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m. for"Rawk Camp"
• Youth performance times: TBD, Speed Control performance: 6:30 to 7:30 p.m.
Event Location: Rawk Camp: Kent Commons, 525 41h Avenue North, Kent, WA. Performances: Lake Meridian Park,
14800 SE 272nd St., Kent.
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.
Contractor will provide sales staff and retain 100% of sales revenue.
Lodging: The Contractor will arrange their own accommodation, and the City will reimburse the Contractor for
accommodation expenses up to a maximum of$1,000.
Billing: "Speed Control: Rawk Camp." 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 July 4, 2019, with exception of venues previously discussed and
mutually agreed upon.
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.
if. COMPENSATION. The City shall pay Contractor the total sum of$6,600.00 for the work to be performed
under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. The
amount will be paid, by City of Kent check, to Speed Control 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 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:
CONTRACTOR SERVICES AGREEMENT- 1
(Under$10,000-Sole Performer)
Venue: City will provide two rooms at the Kent Commons community center for Rawk Camp and an
outdoor covered stage for performances.
Sound: City will provide sound system for performances according to Contractor's technical rider.
Lights: City will provide general lighting as needed for performances.
Dressing Rooms: None available at festival site.
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.
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.
VIII. 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.
X. IMPOSSIBILITY OF PERFORMANCE. Indoor performances may be dependent upon a facility 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 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 alternate performance space. Neither party shall be under liability for failure to perform in the event
CONTRACTOR SERVICES AGREEMENT- 2
(Under$10,000-Sole Performer)
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 Governing 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; 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. Comoliance 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.
J. City 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 V 0,000—Sole Performer)
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date
entered below.
CONTRACTOR: CITY OF KEN
By: By.
(signature) (signature)
Print Name:Kevin Bruce Print Name: Lori Hogan
Its Agent Its: Director, Parks. Recreation&Community Services
DATE: January DATE
29 Janua ffgg C (title)
: l 3D'
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
KBAM! Kevin Bruce Arts Management Ronda Billerbeck, Cultural Programs Manager
308-1545 E 2nd Ave City of Kent
Vancouver BC V5N 1 C8 220 Fourth Avenue South
Kent, WA 98032
(604) 25 -6 6 (telephone)
(facsimile) (253) 856-5050 (telephone)
(253) 856-6050(facsimile)
CONTRACTOR SERVICES AGREEMENT-4
(Under$10,000—Sole Performer)
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
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.
A. 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 11 85. 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.
B. 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.
C. 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 Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance
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.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A.VII
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 all subcontractors as insureds under its policies or shall furnish separate certificates and
endorsements for each subcontractor. Ail coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
CONTRACTOR SERVICES AGREEMENT - 5
(Under$10,000-Sole Performer)
)
\ �
Q6
26
� k4
) � }
� 4E \
( � x i3 / k
\ \\ \ jl � j
k § $ ® oo2j \ � &
\ j I 4�\ \ \ a \ {
E
6 f
2 §
2 — \
f
- \\ :5 E
. �
%
CL
\
_ aj. 2 E a° � e
& -.4 E � §
) ) U-
u
2 E « ` )
t LAk ) E k
, ■ \~
2 � / � j \ / �/
CLV V \ \ � d
LA �■ : rrm cc �
/ ) 2E .5
vxxxxx =
¢ 722272
KEVIN BRUCE
ARTS MGMT.
Memorandum of Agreement
between
KBAMI Kevin Bruce Arts Management and Kent Arts Commission
308- 1545 E 2nd Avenue, Vancouver, BC V5N 1C8 220 Fourth Avenue, Kent,WA 98032-5895
Contact: Kevin Bruce Contact: Ronda Billerbeck
T: (604)253-6965 E: kevin@kbamonline.com T: (253)856-5050 E rbillerbeck@ci.kent.wa.us
(Hereinafter called"The Agent") (Hereinafter called"The Engager")
This memorandum will confirm the agreement between and the Agent and the Engager with respect to the performance of the Artist:
Artist: Speed Control
Program 4-day Residency
Running Time 3 hours
Event Date: Monday July 01, 2019
Event Time.
Set-upTime.
Venue. TBA
Kent, WA
Fee. $1,650.00 + applicable taxes (GST/HST)
Additional: -The fee for this Engagement is dependent on it being part of a 4-day residency to take
place July 1, 2, 3,4, 2019,totalling$6,600.
-The Artists will be Engaged to provide 3 hours of workshop for each of July 1, 2, 3 and a
live performance with workshop participants on July 4.
-The Artists will arrange their own accommodation. The Engager shall reimburse the Artist
for accommodation expenses up to a maximum of$1000.
-Start times and venues for all workshops and performance are TBD.
Agreed and Accepted
For KBAMI Kevin Bruce Arts Management The Engager
18-Jan-19
date date
Page 1 of 1
1
i
KEVIN BRUCE
ARTS MGMT.
Memorandum of Agreement
between
KBAMI Kevin Bruce Arts Management and Kent Arts Commission
308- 1545 E 2nd Avenue, Vancouver, BC V5N 1C8 220 Fourth Avenue, Kent,WA 98032-5895
Contact Kevin Bruce Contact: Ronda Billerbeck
T: (604)253-6965 E: kevin@kbam online,com T: (253)856-5050 E rbillerbeck@ci.kent.wa.us
(Hereinafter called 'The Agent') (Hereinafter called"The Engager")
This memorandum will confirm the agreement between and the Agent and the Engager with respect to the performance of the Artist:
Artist Speed Control
Program. 4-day Residency
Running Time. 3 hours
Event Date Tuesday July 02, 2019
Event Time.
Set-upTime.
Venue: TBA
Kent, WA
Fee $1,650.00 + applicable taxes(GST/HST)
Additional: -The fee for this Engagement is dependent on it being part of a 4-day residency to take
place July 1, 2, 3,4, 2019,totalling$6,600.
-The Artists will be Engaged to provide 3 hours of workshop for each of July 1, 2, 3 and a
live performance with workshop participants on July 4.
-The Artists will arrange their own accommodation. The Engager shall reimburse the Artist
for accommodation expenses up to a maximum of$1000.
-Start times and venues for all workshops and performance are TBD
Agreed and Accepted
For KBAM! Kevin Bruce Arts Management The Engager
18-Jan-19
date date
Page 1 of 1
KEVIN BRUCE
ARTS MGMT.
Memorandum of Agreement
between
KBAMI Kevin Bruce Arts Management and Kent Arts Commission
308- 1545 E 2nd Avenue,Vancouver, BC V5N 1 C8 220 Fourth Avenue, Kent,WA 98032-5895
Contact: Kevin Bruce Contact: Ronda Billerbeck
T: (604)253-6965 E: kevin@kbamonline.com T (253)856-5050 E: rbillerbeck@ci.kent.wa.us
(Hereinafter called'The Agent") (Hereinafter called"The Engager")
This memorandum will confirm the agreement between and the Agent and the Engager with respect to the performance of the Artist:
Artist: Speed Control
Program: 4-day Residency
Running Time: 3 hours
Event Date: Wednesday July 03,2019
Event Time:
Set-up Time:
Venue: TBA
Kent,WA
Fee: $1,650.00 + applicable taxes(GST/HST)
Additional: -The fee for this Engagement is dependent on it being part of a 4-day residency to take
place July 1,2,3,4, 2019,totalling$6,600.
-The Artists will be Engaged to provide 3 hours of workshop for each of July 1,2, 3 and a
live performance with workshop participants on July 4.
-The Artists will arrange their own accommodation. The Engager shall reimburse the Artist
for accommodation expenses up to a maximum of$1000.
-Start times and venues for all workshops and performance are TBD.
Agreed and Accepted
For KBAMI +Kevin Bruce Arts Management The Engager
18-Jan-19
date date
Page 1 of 1
Agent I Artist I Engager
KEVIN BRUCE
ARTS MGMT.
Memorandum of Agreement
between
KBAM! Kevin Bruce Arts Management and Kent Arts Commission
308-1545 E 2nd Avenue,Vancouver, BC V5N 1C8 220 Fourth Avenue,Kent,WA 98032-5895
Contact Kevin Bruce Contact: Ronda Billerbeck
T:(604)253-6965 E:kevin@kbamonline.com T (253)856-5050 E: rbillerbeck@ci.kent.wa,us
(Hereinafter called "The Agent") (Hereinafter called'The Engager")
This memorandum will confirm the agreement between and the Agent and the Engager with respect to the performance of the Artist:
Artist: Speed Control
Program: 4-day Residency
Running Time, 60 minutes
Event Date: Thursday July 04, 2019
Event Time.
Set-upTime.
Venue. TBA
Kent, WA
Fee $1,650.00 + applicable taxes (GST/HST)
Additional: -The fee for this Engagement is dependent on it being part of a 4-day residency to take
place July 1, 2, 3, 4, 2019,totalling $6,600.
-The Artists will be Engaged to provide 3 hours of workshop for each of July 1.. 2, 3 and a
live performance with workshop participants on July 4.
-The Artists will arrange their own accommodation.The Engager shall reimburse the Artist
for accommodation expenses up to a maximum of$1000.
-Start times and venues for all workshops and performance are TBD
Agreed and Accepted
For KBAMI Kevin Bruce Arts Management The Engager
-Jan-19
--
date
date
Please read and initial conditions on reverse keen one copy and return one corny to KBAM+
Page 1 of 2