HomeMy WebLinkAboutCAG2020-369 - Original - Magical Strings - Celtic Yuletide Concert Spotlight Series Virtual Performance - 11/13/2020ApprovalOriginator:Department:
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Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
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Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
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rev. 200804
N/A
FOR CITY OF KENT OFFICIAL USE ONLY
333 3355
Other
10006222.64190.4310
Contract
11/12/2020
Magical Strings
4
4
Other
12/06/2020
4
35079
Parks, Recreation & Community ServicesRonda Billerbeck
4
2000
4
ASAP
11/30/2020
jmp
jmp
CONTRACTOR SERVICES AGREEMENT - 1
(Under $10,000 – Sole Performer)
CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
Magical Strings c/o Philip Boulding
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and Magical Strings, c/o Philip Boulding located and doing business at P.O. Box 1240, Olalla, WA 98359.
(hereinafter the "Artist").
I. DESCRIPTION OF WORK.
Artist shall perform the following services for the City:
Description: Magical Strings and guests (hereinafter referred to as “Artist”) will present one
public performance as part of the Kent Arts Commission’s “Spotlight Series.”
(The performance will be pre-recorded and then webcast on the performance
date.)
Day, Date, Year: Recording: Monday, November 30, 2020
W ebcast: Sunday, December 6, 2020
Start Time/Duration/Stop Time: Recording: 1:00 p.m. / 60-75 minutes / 2:15 p.m.
W ebcast: 3:00 p.m. / 60-75 minutes / 4:15 p.m.
Event Location: Recording: Kent Commons Gym, 525 4th Avenue North, Kent, W A
Merchandising: Artist 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. City will retain 15%
of the receipts when Artist provides sales staff and 20% of the receipts when City
provides sales staff.
Billing: “Magical Strings Celtic Yuletide Concert.” Artist to receive 100% sole headline
billing in all advertising.
Sponsorship: City reserves the right to obtain corporate sponsor(s) for Artist’s performance.
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.
II. COMPENSATION. The City shall pay Artist the total sum of $2,000.00 for the work to be performed
under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement.
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/recroding on the date(s) and at the time(s) contained in Section I. The City shall also provide videographers
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 indoor venue for recording: Kent Commons Gym – 525 4th Avenue North, Kent
Sound: City will contract with Dan Mortensen to provide sound.
Lights: City videographers will provide lights.
Dressing Rooms: City will provide dressing rooms available at the venue.
Technical Staff: City will provide a sound technician and videographers up to set up, operate, and strike sound
and light boards.
V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer
Relationship will be created by this Agreement. By their execution of th is Agreement, and in accordance with Ch. 51.08
RCW, the parties make the following representations:
CONTRACTOR SERVICES AGREEMENT - 2
(Under $10,000 – Sole Performer)
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 unde r 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 Agreem ent.
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 performanc e 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 p erformances 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
that such failure is caused by or due to acts or regulations of public authorit ies, 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 designa ted
recycled product.
CONTRACTOR SERVICES AGREEMENT - 3
(Under $10,000 – Sole Performer)
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.Compliance 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:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Lori Hogan
Its: Superintendent, Recreation and Cultural Services
(title)
DATE:
NOTICES TO BE SENT TO:
CONTRACTOR:
NOTICES TO BE SENT TO:
CITY OF KENT:
Ronda Billerbeck, Cultural Programs Manager
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253)856-5050 (telephone)
(253)856-6050 (facsimile)
Philip Boulding,
Magical Strings
P.O. Box 1240
Olalla, WA 98359
(253) 857-6402 (home)
(253) 691-6287 (cell)
Philip Boulding (Nov 12, 2020 18:06 PST)
Philip Boulding
Lori Hogan (Nov 13, 2020 12:40 PST)
11-13-20
CONTRACTOR SERVICES AGREEMENT - 4
(Under $10,000 – Sole Performer)
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
Signature:
Email:
Signature:
Email:
Signature:
Email:
rlashley@kentwa.gov
Julie Parascondola (Nov 16, 2020 08:54 PST)
Julie Parascondola
jparascondola@kentwa.gov
Melissa McCormick (Nov 17, 2020 10:29 PST)
Melissa McCormick
cityclerk@kentwa.gov
MagicalStringsConctract_WhiteSheet
Final Audit Report 2020-11-17
Created:2020-11-12
By:Ronda D Billerbeck (rbillerbeck@kentwa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAOyE7DOMPKFMyJqpFuUxs85N-M_yVB6pd
"MagicalStringsConctract_WhiteSheet" History
Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov)
2020-11-12 - 10:23:30 PM GMT- IP address: 146.129.252.126
Document emailed to Philip Boulding (info@magicalstrings.com) for signature
2020-11-12 - 10:31:41 PM GMT
Email viewed by Philip Boulding (info@magicalstrings.com)
2020-11-12 - 11:01:51 PM GMT- IP address: 72.160.111.224
Document e-signed by Philip Boulding (info@magicalstrings.com)
Signature Date: 2020-11-13 - 2:06:20 AM GMT - Time Source: server- IP address: 72.160.111.224
Document emailed to Lori Hogan (lhogan@kentwa.gov) for signature
2020-11-13 - 2:06:22 AM GMT
Email viewed by Lori Hogan (lhogan@kentwa.gov)
2020-11-13 - 8:37:45 PM GMT- IP address: 146.129.252.126
Document e-signed by Lori Hogan (lhogan@kentwa.gov)
Signature Date: 2020-11-13 - 8:40:35 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature
2020-11-13 - 8:40:38 PM GMT
Email viewed by Ronald Lashley (rlashley@kentwa.gov)
2020-11-13 - 9:52:36 PM GMT- IP address: 146.129.252.126
Document e-signed by Ronald Lashley (rlashley@kentwa.gov)
Signature Date: 2020-11-13 - 10:46:42 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to Julie Parascondola (jparascondola@kentwa.gov) for signature
2020-11-13 - 10:46:44 PM GMT
Email viewed by Julie Parascondola (jparascondola@kentwa.gov)
2020-11-16 - 4:53:31 PM GMT- IP address: 146.129.252.126
Document e-signed by Julie Parascondola (jparascondola@kentwa.gov)
Signature Date: 2020-11-16 - 4:54:02 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature
2020-11-16 - 4:54:05 PM GMT
Email viewed by Melissa McCormick (cityclerk@kentwa.gov)
2020-11-16 - 5:00:27 PM GMT- IP address: 146.129.252.126
Document e-signed by Melissa McCormick (cityclerk@kentwa.gov)
Signature Date: 2020-11-17 - 6:29:38 PM GMT - Time Source: server- IP address: 146.129.252.126
Agreement completed.
2020-11-17 - 6:29:38 PM GMT