HomeMy Public PortalAboutAPOLLO WEST CARSON PLAYERS (MARVIN CLAYTON)ON,
CITY OF CARSON
PUBLIC SERVICES WORK GROUP
HUMAN SERVICES DIVISION
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FINE ARTS AND CULTURAL ACTIVITIES PROGRAM
CONTRACT SERVICE AGREEMENT — FY 2007/08
CONTRACTOR Apollo West Carson Players P.O. NUMBER
FED ID or SS # CONTACT PERSON Marvin Clayton
ADDRESS 426 W. Carson Street, Suite 6 CITY Carson ST CA ZIP 97074 5]
PHONE (310) 212-7955 FAX N/A E-MAIL N/A
THIS AGREEMENT IS MADE ON July 17, 2007 BY AND BETWEEN THE CITY OF
CARSON, HEREINAFTER CALLED THE "CITY," AND Marvin Clayton,
HEREINAFTER CALLED THE "CONTRACTOR", REPRESENTING Apollo West 61)
Carson PlaVers.
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THIS AGREEMENT IS IN EFFECT AS OF JULY 1, 2007.
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THE PARTIES HERETO AGREE AS FOLLOWS:
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SECTION I — DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR:
A. Personal service includes a 10 -week theatrical skills workshop, and a maior
theatrical production of "Don't Bother Me, I Can't Cope".
B. Contractor agrees that membership in its organization and participation in its
activities shall not be restricted based upon race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap,
medical condition, or sexual orientation except as otherwise permitted by law.
C. Contractor at all times agrees to make every effort to recruit Carson residents for
membership. Participation roster listing the name, city of residence, and if
applicable, the school of attendance of the participants for each production shall
be filed with the Fine Arts Section of the Public Services Workgroup.
D. Contractor shall make every effort to utilize Carson vendors for supplies, printing,
equipment, rentals, etc.
E. Contractor shall coordinate its own activities, including sole responsibility for
bookings and tours, purchasing, conducting auditions and rehearsals, selecting
casts, and arranging all scheduled performances of the Company.
F. Contractor shall have no free use of City resources (buses, equipment, and/or
facilities). All use of the Community Center and other City facilities will be on a
paid permit basis. The Contractor is not to list City addresses as their business
address. Contractor's mail should be listed under Contractor's personal/business
address.
G. Contractor shall publicize the City at each function by:
Acknowledging that funding was made available to Contractor upon the
recommendation of the "Fine Arts & Historical Commission" and approval
of the "Carson City Council".
Distributing publications and literature about the Contractor and the City.
Publications shall not be distributed unless they conform to the following
guidelines:
(a) All publications must contain the City of Carson seal. The
heading of the publication must always read, "The City of
Carson, Fine Arts & Historical Commission Presents." All other
pertinent City information must be included.
(b) Contractor must create and submit the draft of any
publication/flyer to the Community Services Program Manager at
least one month prior to the event. If necessary, publications will
be returned to the Contractor for revisions. Corrected
publication must be resubmitted to the Community Services
Program Manager within ten (10) days for final approval.
(c) Contractor must create and submit the draft of any invitations or
event programs to the Community Services Program Manager at
least one month prior to the event. All programs must list the
names of the current elected officials and management staff. If
necessary, publications will be returned to the Contractor for
revisions. Corrected publications must be resubmitted to the
Community Services Program Manager within ten (10) days for
final approval.
(d) After reviewing the publications for completeness and accuracy,
the Community Services Program Manager will forward same to
the Public Services General Manager (or his designee), who will
then approve all publications in writing before going to print.
H. All costs associated with the publication and printing of literature (including flyers,
programs, and invitations) are the responsibility of the Contractor.
Contractor agrees to maintain in good standing a business license issued by the
City during the term of this agreement, if required by the Carson Municipal Code.
All appearances of Contractor that will be made as a representative of City shall
be approved by the Public Services General Manager or by his designee.
SECTION 2 — PAYMENT PROCEDURES AND REQUIREMENTS
A. City shall pay Contractor for the performance of the services set forth in this
agreement the sum not to exceed $31,354.00. Payment to Contractor will be
charged to account no. 01-90-990-153-6005 and shall be made on the third
Register of Demand as follows:
1. 50% of the total amount in July, 2007. ($15,677.00)
1. 25% of the total amount in October, 2007. ($7,838.5
2. 25% of the total amount in January or April, 2008. ($7,838.50)
B. Funds may only be expended in accordance with a budget to be prepared by the
Contractor and approved by the Public Services General Manager or his
designee. The budget should be prepared as a line item budget, and shall be
broken down by event. The budget must be in a format prescribed by the City. It
shall be detailed and must provide specific sums for such items as salaries,
fringe benefits, sets, rentals, musical scores, orchestration, publicity, props,
costumes, printing, insurance, transportation, make-up, band and all other
expenses.
C� The Contractor shall submit the approved final budget to the Fine Arts Section of
the Public Services Workgroup and the Accounting Division of the Administrative
Services Workgroup three (3) weeks in advance of the scheduled payment date.
No funds will be released to the Contractor until the approved final budget is
received by the City.
D. Invoices and/or official receipts for actual expenditures must be submitted on a
quarterly basis (July, October, January, April) to the Accounting Division on the
15" day following the end of each calendar quarter. In addition, within thirty (30)
days after the conclusion of the event, the Contractor must submit a final
accounting of actual revenues and expenditures for the event in a format
prescribed by the City. Failure to submit the required documentation in a timely
manner may result in a delay of payments to the Contractor.
E. A separate bank account shall be maintained for each City funding source. Proof
of compliance with this provision such as bank statements may be required for
the audit purpose by the Accounting Division.
F. The City requires that all gross revenues, donations, interest income, etc. must
be reported.
G. All city -funded performances, concerts, or other programming shall be offered at
no cost to the participants/attendees.
H. Contractor shall provide the City, on a quarterly basis (July, October, January,
April), with an inventory of all equipments, props, uniforms, musical instruments,
and costumes purchased with City funds no later than the 15 th day following the
end of each quarter. In addition, within thirty (30) days after the conclusion of
each event, the Contractor must submit a final inventory list to the Accounting
Division. This list must be attached to the report required in Section 2.D. The
inventory list shall conform to the format prescribed by the City.
1. All materials purchased with City funds shall be the property of the City and will
be given to the City upon termination of the contract.
J. At the conclusion of the contract term, any funds not spent or unaccounted for
will be returned to the City. Contractor may be subject to an audit by the
Accounting Division.
SECTION 3 — INDEPENDENT CONTRACTOR/INDEMNITY
A. Contractor is, and shall at all times remain to City, as a wholly independent
contractor. Contractor shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither
City nor any of its agents shall have control over the conduct of Contractor or any
of Contractor's employees. Contractor shall not, at any time, or in any manner,
represent that it or any of its agents or employees are in any manner employees
of the City or that any programs conducted by the Contractor are official City
programs.
B. Contractor agrees to hold harmless and indemnify City and its officers, elected
officials, members of boards and commissions, employees, servants, volunteers,
and agents serving as independent contractors in the role of city or agency
officials, (collectively, the "Indemnities"), from any claim, demand, damage,
liability, loss, cost or expense, for any damage whatsoever, including but not
limited to death or injury to any person and injury to any property, resulting from
the acts or failures to act of Contractor or any of its officers, employees,
subcontractors, agents, volunteers, participants, guests, or invitees arising or
claimed to arise, directly or indirectly, out of, in connection with, resulting from, or
related to the Agreement or the performance or failure to perform any term,
provision, covenant, or condition of the Agreement, including this indemnity
provision. This indemnity provision is effective regardless of any prior,
concurrent, or subsequent negligent act or omission by Indemnities and shall
operate to fully indemnify Indemnities against any such acts or omission, except
for Indemnities' active negligence or willful misconduct. Payment is not required
as a condition precedent to Indemnities' right to recover under this indemnity
provision, and an entry of judgment against Indemnities shall be conclusive in
favor of the Indemnities right to recover under this indemnity provision.
Contractor, on behalf of itself and all parties claiming under or through it, hereby
waives all rights of subrogation and contribution against the Indemnities, while
acting within the scope of their duties, from all claims, losses and liabilities arising
out of or incident to activities or operations performed by or on behalf of the
Contractor regardless of any prior, concurrent, or subsequent act or omission,
negligent or otherwise, by Indemnities, except for Indemnities' active negligence
or willful misconduct. Contractor agrees that its covenant under this indemnity
provision shall survive the termination of this Agreement and is in addition to any
other rights or remedies that Indemnities may have under the law.
SECTION 4 — TERMINATION
This agreement may be terminated by either party, with or without cause, upon 30 days
written notice. Upon termination as provided hereunder, Contractor shall return all
equipment purchased with City funds. City shall pay Contractor for all purchases and
expenditures made or obligations incurred by the Contractor prior to the date of
termination, so long as said purchases or expenditures made or obligations incurred are
in conformity with the budget prepared in accordance with Section 2.13. In the event the
funds paid by the City exceed said purchases and expenditures made for obligations
incurred by Contractor, Contractor shall remit said balance to City. Back to To
SECTION 5 — INSURANCE REQUIREMENTS
Contractor shall obtain and maintain during the term of this agreement the following
coverages and endorsements:
A. Comprehensive General Liability Insurance in amounts not less than $500,000
for bodily injury arising out of any one occurrence and $500,000 in the aggregate,
and $500,000 for property damage arising out of any one occurrence and
$500,000 in the aggregate, or a combined single limit of $500,000 per
occurrence, $500,000 aggregate.
B. Comprehensive Automobile Liability Insurance in amounts not less than
$100,000 for bodily injury to any one person, $300,000 arising out of each
accident and $50,000 for property damages. A combined single limit of $300,000
is also acceptable.
Such insurance shall name the City of Carson and the Carson Redevelopment
Agency and their officers, employees, agents, elected officials, members of
boards or commissions, and volunteers as additional insured parties. Coverage
must include the provisions prescribed by the City.
Contractor shall file and maintain the required endorsements and certificates of
insurance with the Risk Management Division of the City at all times during the
term of this agreement. The endorsements and certificates are to be filed prior to
the commencement of work and should state clearly:
The additional insured requested.
2. Insurance is to be primary to that of the additional insured.
3. Cross liability clause.
4. The insurance afforded to the additional insured shall apply as primary
insurance and no other insurance maintained by the additional insured
will be called upon to contribute with the insurance provided by the
Contractor.
5. Any notice of change or cancellation of insurance must be provided thirty
days prior to the change or cancellation to:
The City of Carson
Risk Management Division
P.O. Box 6234
Carson, CA 90749
This agreement is executed by the city on this 17 th day of July, 20 07.
CONTRACTOR'S SIGNATURE
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PRINT NAME
CITY OF CARSON:
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APPROVED AS TO FORM:
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