HomeMy WebLinkAboutItem 06.sDecember 17, 2012 Item No. 6S
Consider Approval of Schiffelly Puppet Agreement
Proposed Action
Staff recommends adoption of the following motion:
Move to approve agreement with Schiffelly Puppets for 2013.
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, 2012. 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.
v Staff recommends t, le City Council approve this agreerne lIt 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: Communications. Budget
Related Documents (CIP, ERP, etc.): Contract Notes:
No increase from last year's contract
AGREEMENT FOR
PUPPETEERING SERVICES
THIS AGREEMENT made this 17th day of December, 2012, by and between the CITY OF
LAKEVILLE ( "City "), a Minnesota municipal corporation, and JIM SCHIFFMAN d /b /a
SCHIFFELLY PUPPETS, ( "Contractor "),
PREMISES:
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 Citv shall pav Contractor $283 per month for the services provided under
Paragraph I.A, not to exceed $3,400 for the year 2013 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, 2013, 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 party without cause,
effective upon written notification of termination to the other party. 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 Schiffman d /b /a
Schif£elly Puppets
8680 135 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
Mark Bellows, Mayor
B
12/13/20 hiffman
Charlene Friedges, City Clerk