Loading...
HomeMy WebLinkAboutCAG2022-452 - Original - United Territories Of Pacific Islanders' Alliance (UTOPIA WA) - Na Mele i ka Lani Winter Comcert - 12/03/2022Ap p r o v a l Originator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type: Re v i e w / Si g n a t u r e s / R o u t i n g Comments: Date Routed to the City Clerk’s Office: Ag r e e m e n t I n f o r m a t i o n Vendor 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 rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY * Memo to Mayor must be attached Jan RachApple Sup/Mgr: 4 Ronda Billerbeck Parks, Recreation & Community Services 12/06/2022 ASAP N/A 10006222.64190.4631 4 4 N/A Contract 2501242 Original 10/10/2022 Other 12/03/2022 4 4 4 $1,000.00 12/6/22 CONTRACTOR SERVICES AGREEMENT - 1 (Community Arts Funding Projects) CONTRACTOR SERVICES AGREEMENT between the City of Kent Arts Commission (Give Me Culture Grant Program) and UTOPIA WA THIS AGREEMENT is made between the City of Kent Arts Commission, a Washington municipal corporation (hereinafter the "City"), and UTOPIA WA organized under the laws of the State of Washington, located and doing business at 841 Central Avenue N., Ste. #C106 (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Description: UTOPIA WA will present Mele i ka Lani, a winter music concert celebrating the musical talents of the Queer and Transgender Pacific Islander community in Washington. The performance will feature a diversity of musical genres and styles unique to Pacific Island culture. Day, Date, Year: December 3, 2022 Event Location: Auburn Riverside Theatre, 501 Oravetz Rd. SE, Auburn, WA 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 $1,000 (as part of the Give Me Culture Grant Program) 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 where appropriate, at his or her own costs, complete press materials, including but not limited to black and white glossy photographs, biographic descriptions, and program materials, not less than eight (8) weeks prior to the initial event date. All publicity and promotional materials released to the media by the Contractor shall credit the City of Kent Arts Commission for its support of the event or project. Promotional credit must be clear and prominent. IV. 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 only in the results obtained under this Agreement. V. EVALUATION. The Contractor shall have the authority to control and direct the performance and details of the contract work, the work must also meet the approval of the City and shall be subject to the City’s general right of inspection and supervision to secure the satisfactory completion thereof. Contractor agrees to cooperate in this evaluation process and to make available to the City all information required by such evaluation process. Contractor agrees to comply with all federal, state and municipal laws, rules, and regulations that are or may in the future become applicable to Contractor or Contractor’s business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. VI. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and 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. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. 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. CONTRACTOR SERVICES AGREEMENT - 2 (Community Arts Funding Projects) 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. USE OF CITY MATERIALS. Contractor shall not, without prior written approval and permission of the City, use participant roster or related program materials for any purpose outside this Agreement including, but not limited to, solicitation of participants for Contractor’s use in competition with City programs. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor 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 who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. TERMINATION AND BREACH. In the event of loss of funding or the Contractor’s failure to comply with the terms and conditions of this Agreement, the City may terminate this Agreement upon providing only thirty (30) days written notice to Contractor. 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. 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 under Section VIII of 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 any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. CONTRACTOR SERVICES AGREEMENT - 3 (Community Arts Funding Projects) 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 accruing out of the performance of those operations. I. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: By: ________________________________ Print Name: _________________________ Its: ________________________________ DATE: ______________________________ CITY OF KENT: By: ________________________________ Print Name: __________________________ Its: ________________________________ DATE: ______________________________ NOTICES TO BE SENT TO: CONTRACTOR: UTOPIA WA Agaiotupu I. Viena, Deputy Director 841 Central Ave. N., Suite #C106 Kent, WA 98032 206-899-1071 (telephone) agaiotupu@utopiawa.org NOTICES TO BE SENT TO: CITY OF KENT: Ronda Billerbeck, Cultural Programs Manager City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5055 (telephone) rbillerbeck@kentwa.gov ATTEST: Kent City Clerk Lori Hogan (Dec 6, 2022 12:41 PST) Lori Hogan Recreation and Cultural Services Supt 12/6/2022 Agaiotupu Viena (Dec 6, 2022 14:05 PST) Agaiotupu Viena Deputy Director 12/06/2022 EEO COMPLIANCE DOCUMENTS - 1 (Community Arts Funding Projects) EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. Signature: Email: Melissa McCormick (Dec 8, 2022 07:38 PST) Melissa McCormick cityclerk@kentwa.gov UTOPIA_Contract22_GMC Final Audit Report 2022-12-08 Created:2022-12-06 By:Ronda D Billerbeck (rbillerbeck@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAAnQzOGNouQFGMgK-ttxFWFURbLjk8grYQ "UTOPIA_Contract22_GMC" History Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov) 2022-12-06 - 7:39:06 PM GMT- IP address: 146.129.252.126 Document emailed to lhogan@kentwa.gov for signature 2022-12-06 - 7:42:10 PM GMT Email viewed by lhogan@kentwa.gov 2022-12-06 - 8:38:26 PM GMT- IP address: 146.129.252.126 Signer lhogan@kentwa.gov entered name at signing as Lori Hogan 2022-12-06 - 8:41:00 PM GMT- IP address: 146.129.252.126 Document e-signed by Lori Hogan (lhogan@kentwa.gov) Signature Date: 2022-12-06 - 8:41:02 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to agaiotupu@utopiawa.org for signature 2022-12-06 - 8:41:03 PM GMT Email viewed by agaiotupu@utopiawa.org 2022-12-06 - 10:03:08 PM GMT- IP address: 75.172.146.118 Signer agaiotupu@utopiawa.org entered name at signing as Agaiotupu Viena 2022-12-06 - 10:05:12 PM GMT- IP address: 75.172.146.118 Document e-signed by Agaiotupu Viena (agaiotupu@utopiawa.org) Signature Date: 2022-12-06 - 10:05:14 PM GMT - Time Source: server- IP address: 75.172.146.118- Signature captured from device with phone number XXXXXXX5011 Document emailed to cityclerk@kentwa.gov for signature 2022-12-06 - 10:05:15 PM GMT Email viewed by cityclerk@kentwa.gov 2022-12-08 - 3:21:49 PM GMT- IP address: 146.129.252.126 Signer cityclerk@kentwa.gov entered name at signing as Melissa McCormick 2022-12-08 - 3:38:28 PM GMT- IP address: 146.129.252.126 Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date: 2022-12-08 - 3:38:30 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature 2022-12-08 - 3:38:33 PM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2022-12-08 - 4:22:29 PM GMT- IP address: 146.129.252.126 Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date: 2022-12-08 - 4:22:35 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2022-12-08 - 4:22:35 PM GMT