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HomeMy WebLinkAboutItem 06.l- D B J December 19, 2011 Item No. 6 1 Consider Approval of Schiffelly Puppet Agreement Proposed Action Staff recommends adoption of the following motion: Move to approve agreement with Schiffelly Puppets for 2012. Adoption of this motion will result in continued use of the variety of puppets that Jim Schiffman integrates into the video programs produced by Lakeville Government Television (Lakeville Kids & Government, LFD On -Call, etc.) Overview The Puppet Agreement is an annual agreement that is designed to compensate Jim Schiffman for use of his specific talents as puppeteer and use of his puppets in the video programs produced by Lakeville Government Television. There is no increase in the contract amount this year. The current puppet agreement expires on December 31, 2011. This is an annual agreement that was initiated in 1999. City of Lakeville programs that feature puppets continue to be very popular with Lakeville residents and have won numerous national and local awards. • What costs or expenses are involved in approval of the Schiffelly Puppet agreement? The agreement calls for monthly payments of $ 283, not to exceed of $ 3,400 for the year. The payment rate has not increased for three years. Staff recommends the City Council approve this agreement because of the special talents of Jim Schiffman and the variety of puppets available for use in City of Lakeville video programs which have enhanced these programs, generated additional interest by residents, and won many awards. Susanna Palm Communications Manager Financial Impact: $_3,400 Budgeted: Y/N _Y_ Source: Cable Dept. Budget Related Documents (CIP, ERP, etc.): Notes: No increase from last year's contract AGREEMENT FOR PUPPETEERING SERVICES THIS AGREEMENT made this 19th day of December, 2011, by and between the CITY OF LAKEVILLE ( "City "), a Minnesota municipal corporation, and JIM SCHIFFMAN d /b /a SCHIFFELLY PUPPETS, ( "Contractor "), WHEREAS, the City desires to incorporate the use of puppets in connection with a television program produced by for Lakeville Government Television, cable channel 16; and WHEREAS, Contractor is willing to provide puppets and puppeteering services for use in the television program "Lakeville Kids & Government" and other City Programs; IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. Services A. The City hereby engages Contractor to provide the following services up to a maximum of 10 hours per month: 1) Puppeteering and voice work on the "Lakeville Kids & Government" program and the following additional programs: "LPD Journal', "On- Call ", "City Limits ", Public Service Announcements, and other shows as needed (all collectively referred to as "City Programs "); 2) Provide consulting services in the design and concept of new puppets; 3) Provide all puppets and props for puppet segments on City Programs. B. Contractor shall be engaged as an independent contractor and not as the City's agent or employee. Contractor is free to contract with other entities to provide similar services. Contractor shall be responsible for selecting the means and methods of performing the work. C. The City shall have final approval of all puppets used or created for City Programs. The City and Contractor agree that the City shall designate the Communications Manager as the City's representative who shall be responsible for providing communication as to the provision of services by the Contractor under this agreement. D. Contractor shall commence services upon execution of this Agreement, and shall pursue the services diligently. Contractor shall continue to provide the services at such times as required by the City. Section 2. Payment A. The City shall pay, Contractor $283 per month for the services provided under Paragraph LA, not to exceed $3,400 for the year 2012 except as provided under Paragraph B of this Section. B. For any new puppets requested by the City, the City agrees to pay the material and labor costs as follows: Small Puppet (up to 24 inches) _ $150 Large Puppet (up to 48 inches) = $350 C. Application for payment shall be made monthly. Payment is due within 30 days of receipt. Section 3. Extra Service No claim will be honored for compensation for extra services or work beyond the scope of this Agreement without the written approval of the City. Section 4. Services Not Included in this Agreement This Agreement does not include any services which Contractor currently provides to the City as an employee in his capacity as Video Production Specialist. Section 5. Ownership Contractor's puppet characters, their likeness, image and voices, except puppet characters purchased by the City under Paragraph 213, shall remain the property of Contractor. All puppet characters purchased under Paragraph 2B of this Agreement, their likeness and image, shall be the property of the City and shall be used by Contractor or future contractors or City employees only for City Programs. Section 6. Term. This Contract shall commence immediately upon execution by both parties and shall terminate on December 31, 2012, unless earlier terminated by either of the parties. Section 7. Indemnification Contractor shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and reasonable attorney's fees, arising out of or by reason of the execution or performance of the work or services provided for herein and against all losses by reason of the failure of Contractor to fully perform, in any respect, all obligations under this Agreement. Section 8. Insurance Contractor shall comply with applicable insurance requirements of the Worker's Compensation Act. Section 9. Compliance with Laws and Regulations In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. Section 10. Termination This Agreement may be terminated by either parry without cause, effective upon written notification of termination to the other parry. After termination, the City shall have no further obligation to Contractor except to compensate Contractor for services performed before Contractor's receipt of notice of termination. Section 11. Governing Law This Agreement shall be governed by the laws of the State of Minnesota. Section 12. Notices Pursuant to this Agreement, notices shall be hand delivered or mailed as follows: AS TO CITY: City of Lakeville 20195 Holyoke Avenue West Lakeville, MN 55044 -9047 AS TO CONTRACTOR: Jim Schif&nan d/b /a Sehiffelly Puppets 8680135`" Street Apple Valley, MN 55124 Section 13. Assignment/subcontract Except for the construction of new puppets, Contractor may not assign or subcontract any of the services to be performed hereunder without the written consent of the City. Section 14. Non - discrimination The Contractor agrees during the life of this Agreement not to discriminate against any employee, application for employment, or other individual because of race, color, sex, age, creed, national origin, sexual preference, or any other basis prohibited by federal, state, or local law. The Contractor will include a similar provision in all subcontracts entered into for performance of this Agreement. CITY OF LAKEVILLE I. Mark Bellows, Mayor i IC Jim Schiffman Charlene Friedges, City Clerk