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HomeMy WebLinkAboutCAG2021-169 - Original - Ruth and Emilia - 2021 Summer Concert Series: Ruth and Emilia - 03/31/2021ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingDate Received by City Attorney: Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 20210218 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached N/A N/A 4 03/31/2021 Original2432695 Parks, Recreation & Community ServicesRonda Billerbeck 07/28/2021 4 4 ASAP 07/28/2021 n/a 4 Other 10006222.64190.4310 ContractRuth and Emilia 500.00 N/A 4 4 LH JP PERFORMANCE AGREEMENT - 1 (between City and Artist) PERFORMANCE AGREEMENT between the City of Kent and Ruth and Emilia THIS PERFORMANCE AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Ruth and Emilia c/o Ruth Weber (the “Contractor”), organized under the laws of the State of California, located and doing business at 3913 Bluff Place, Escondido, CA 92025, (760) 803-6049. I. DESCRIPTION OF WORK. Contractor shall perform the following event for the City: Description: Contractor will present one performance as part of the Kent Arts Commission’s Summer Concert Series. Start Time/Duration/Stop Time: 12:00 p.m./60 minutes/1:00 p.m. Day, Date, Year: Wednesday, July 28, 2021 Event Location: Morrill Meadows Park, 10600 SE 248th St, Kent, WA 98030 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. Artist will provide sales staff and retain 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. II. COMPENSATION. The City shall pay Contractor the total sum of $500.00 for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. The full amount will be paid by the City on the day of the performance and remitted to Ruth and Emilia at Morrill Meadows Park. 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, 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 60 days prior to performance date.* Lights: N/A Dressing Rooms: None available. Technical Staff: City will provide sound technician. *All as specifically described in attachment B. V. INDEPENDENT CONTRACTOR. 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 PERFORMANCE AGREEMENT - 2 (between City and Artist) 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. DISCRIMINATION. In the performance of work under this Agreement or any subcontract, 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. X. 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. XI. 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 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 failure to perform as provided in this section, neither party shall be liable for the balance of the Agreement. XII. MISCELLANEOUS PROVISIONS. A. 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. B. 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. C. 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 as provided for by this Agreement. D. 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. E. 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. F. 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. G. 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 PERFORMANCE AGREEMENT - 3 (between City and Artist) any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. 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. I. 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. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: By: Print Name: Its DATE: CITY OF KENT: By: Print Name: Its: DATE: NOTICES TO BE SENT TO: CONTRACTOR: Ruth Weber Ruth and Emilia 3913 Bluff Place Escondido, CA 92025 (760) 803-6049 (telephone) Reely3@gmail.com (email) NOTICES TO BE SENT TO: CITY OF KENT: Ronda Billerbeck City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5055 (telephone) rbillerbeck@kentwa.gov (email) Lori Hogan (Mar 31, 2021 12:03 PDT) Recreation and Cultural Services Supt 3-31-21 Lori Hogan Performer Ruth Weber 03/31/2021 EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. EXHIBIT B Ruth and Emilia – Sound Requirements Hello Ronda Billerbeck! Nice to hear from you! I am attaching our sound needs for your technician. We bring our own wireless headsets and come with our soundtracks on a laptop. My husband plays our tracks for us and runs our bubble machine. We bring our 8' high by 8'wide interactive spaceship banner with us and all our props, so we just need to plug our headsets into your system. I am attaching a picture of that here for you. Please let me know if you would like anything else from us. Sincerely, Ruth Weber- Ruth and Emilia https://www.ruthandemilia.com/ (760) 803-6049 Signature: Email: Signature: Email: Signature: Email: Signature: Email: rlashley@kentwa.gov Julie Parascondola (Apr 2, 2021 12:08 PDT) Julie Parascondola jparascondola@kentwa.gov kkomoto@kentwa.gov Melissa McCormick (Apr 2, 2021 12:59 PDT) Melissa McCormick cityclerk@kentwa.gov RuthandEmilia_SCS_Contract Final Audit Report 2021-04-02 Created:2021-03-31 By:Ronda D Billerbeck (rbillerbeck@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAAbqzSQudMvuT1s5rBFSpW9Dwg1a-4U56h "RuthandEmilia_SCS_Contract" History Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov) 2021-03-31 - 5:21:41 PM GMT- IP address: 146.129.252.126 Document emailed to Lori Hogan (lhogan@kentwa.gov) for signature 2021-03-31 - 5:24:58 PM GMT Email viewed by Lori Hogan (lhogan@kentwa.gov) 2021-03-31 - 7:02:32 PM GMT- IP address: 146.129.252.126 Document e-signed by Lori Hogan (lhogan@kentwa.gov) Signature Date: 2021-03-31 - 7:03:54 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Ruth Weber (reely3@gmail.com) for signature 2021-03-31 - 7:03:57 PM GMT Email viewed by Ruth Weber (reely3@gmail.com) 2021-03-31 - 10:59:50 PM GMT- IP address: 107.77.228.85 Document e-signed by Ruth Weber (reely3@gmail.com) Signature Date: 2021-04-01 - 0:20:35 AM GMT - Time Source: server- IP address: 68.111.173.237 Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2021-04-01 - 0:20:39 AM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2021-04-02 - 0:44:39 AM GMT- IP address: 146.129.252.126 Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2021-04-02 - 0:45:47 AM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Julie Parascondola (jparascondola@kentwa.gov) for signature 2021-04-02 - 0:45:49 AM GMT Email viewed by Julie Parascondola (jparascondola@kentwa.gov) 2021-04-02 - 7:08:04 PM GMT- IP address: 146.129.252.126 Document e-signed by Julie Parascondola (jparascondola@kentwa.gov) Signature Date: 2021-04-02 - 7:08:19 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature 2021-04-02 - 7:08:21 PM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2021-04-02 - 7:15:43 PM GMT- IP address: 146.129.252.126 Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date: 2021-04-02 - 7:15:57 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature 2021-04-02 - 7:15:59 PM GMT Email viewed by Melissa McCormick (cityclerk@kentwa.gov) 2021-04-02 - 7:56:50 PM GMT- IP address: 146.129.252.126 Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date: 2021-04-02 - 7:59:49 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2021-04-02 - 7:59:49 PM GMT