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HomeMy WebLinkAbout2016 Concert in the Park agreements2016 CONTRACT FOR PERFORMING ARTIST SERVICES Between City of Pasco and ante' control This Agreement is entered into by and between the City of Pasco, Washington, a noncharter optional municipal code city hereinafter referred to as "the City" and cruise control , here in after referred to as "the Artist", whose primary residence is located at: 3705 W. opal Place, Pasco, WA 99301 Phone is: 509-366-0897 ,and E -Mail is: lon.draney@hotmail.com WHEREAS, the City has determined the need to have certain recreational services performed for its citizens but does not have the resources to perform such services, and WHEREAS, the City desires to have the Artist perform such services for its Recreation Division program, activities, and events, pursuant to certain terms and conditions, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions set forth below, the parties hereto agree as follows: Scone and Schedule of Services to be Performed by Artist. The Artist shall perform the services listed below in accordance with generally accepted professional practices in effect at the times those services are performed. The Artist shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services. The Artist shall perform as follows: Description of Event WA 1 1/2 hours In len pe p concert in volunteer Park In Pasco, gat attendance open and tree to the omit. Day, Date, Year Thursday, July 21, 2016 Start Time, Stop Time, Length of Performance Concert scan time will be 6:30pm and Slop Time witl be B:OOpm for a local performance time of 1 12 hours. Event Location: Volunteer Park (Gazebo) located at 622 N. 3rd Ave., Pasco, WA 99301 Format/Type of Performance: 1 ane trz Mmmu9Wl penamenmwitli one fats mFute Ge,k llrneeeeel. NI eapaa aro>namenc. are W eeremlry Menely. • The Artist shall arrive at the location listed above in time to set up and be ready to perform at least 20 minutes (or earlier, based on sound system needs) prior to the scheduled performance time. • The Artist should understand that this outdoor performance is scheduled in an informal setting at a designated park in Pasco. • The Artist will announce in any press releases that the Event is sponsored by the City of Pasco's Recreation Division. • The Artist agrees to supply all instruments, sound and backline unless otherwise noted and agreed upon and releases The City from obligation to provide hospitality including hotel, travel, meals and beverages. • In the event the concert is cancelled by the Producer more than one week in advance for any reason, the Artist will be offered an alternate date or may opt out of performance. If cancellation occurs by the Producer for a reason within its control within one week of the event the Producer is responsible for any proven losses incurred by the Artist and an alternate date, at the Producer's discretion. NU/Recreation/Music in the Park Page 1 O� 9 d` � If there are any unforeseen circumstances beyond the Producer's control at any time the Producer reserves the right to cancel or offer an alternate date, at the Producer's discretion. • If Artist cancels performance after promotional efforts begin, Artist is responsible for any losses incurred by the Producer. • This program maybe recorded by the City of Pasco's government access station for later broadcast with no fee or royalties due to Artist. 2. Compensation and Method of Payment. The City shall pay the Artist a lump sum of $ 500.00 for each event for services rendered within thirty days after receipt of the completed Invoice set forth on Exhibit A attached hereto and incorporated herein by this reference. 3. Notices/Contact Information. Notices to the City of Pasco and the Artist shall be sent to the following addresses: Notices to the City of Pasco shall be sent to I Notices to the Artist shall be sent to the the following address: Brent Kubalek, Recreation Manager City of Pasco 525 N. Third Ave. P.O. Box 293 Pasco, Washington 99301 Phone: 509-543-5790 E-mail: kubalekb@pasco-wa.gov following address: Artist name: cruise control AddreSS: 3705 W. Opal Place City, State, Zip Code: Paecc, WA 99301 Phone Number: 509-356-0887 E-mail: lon.dmney@jhotmail.com 4. Independent Contractor. Artist and City agree that Artist is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Artist nor any employee of Artist shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Artist, or any employee of the Artist. 5. Indemnification. The Artist shall indemnify, defend and hold harmless the City, its agents and employees, from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of the Artist, its agents, servants, officers or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of the City, or its agents or employees caused or contributed thereto. In the event that the City shall elect to defend itself against any claim or suit arising from such injury, death or damage, the Artist shall, in addition to indemnifying and holding the City harmless from any liability, indemnify the City for any and all expense incurred by the City in defending such claim or suit, including reasonable attorney's fees. The Artist hereby waives its immunity under Title 51 of the Revised Code of Washington for claims of any type brought by any Artist agent or employee against the City. This waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is expressly made the consideration for this waiver. 6. Insurance. A. The Artist shall procure and maintain in full force throughout the duration of the Agreement comprehensive commercial liability insur with a minimsum coveof $1,000,000" OR None Required(check one) NU/Recreation/Music in the Park Page 2 of 4 per occurrence/aggregate for personal injury and property damage. Such policy shall name the City of Pasco as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. 7. Termination. This Agreement may at any time be terminated by the City giving to the Artist ten (10) days written notice of the City's intention to terminate the same. 8. Discrimination Prohibited. The Artist shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Artist to be provided under this Agreement on the basis of race, creed, color, national origin, families with children, sex, sexual orientation, gender identity, marital status, age, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person. 9. Assignment and Subcontract. The Artist may not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. 10. Entire Agreement. This Agreement and the referenced Exhibits contain the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 11. Dispute Resolution, Attorney Fees In the event of a dispute regarding the enforcement, breach, default, or interpretation of this agreement, Both Parties, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue plaved in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgement against the other. This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of ajury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. CITY C PA CO, WASHINGTON ARTIST: (Print Nmne) By:: l/ I BY � A nrE Y Title: Director of Administrtive and Community Services Title: C—ne e r�rs , r �te- Date : /Z� I /�f' %aDate: /A, //4 _ Recreation Mgr Initial NU/Recreation/Musie in the Park Page 3 of 4 2016 CONTRACT FOR PERFORMING ARTIST SERVICES Between City of Pasco and Bahuru Marimba Band This Agreement is entered into by and between the City of Pasco, Washington, a noncharter optional municipal code city hereinafter referred to as "the City" and Bahuru Marimba Banti here in after referred to as "the Artist", whose primary residence is located at: ` Ct Phone is: CP'—?'K and E -Mail is: WHEREAS, the City has determined the need to have certain recreational services performed for its citizens but does not have the resources to perform such services, and WHEREAS, the City desires to have the Artist perform such services for its Recreation Division program, activities, and events, pursuant to certain terms and conditions, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions set forth below, the parties hereto agree as follows: 1. Scone and Schedule of Services to be Performed by Artist. The Artist shall perform the services listed below in accordance with generally accepted professional practices in effect at the times those services are performed. The Artist shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services. The Artist shall perform as follows: Description of Event Concert in Volunteer Perkin Pasco, WA 1 V2 hours in length, eaentlance open and Gee ro the public. Day, Date, Year Thursday, July 7, 2016 Start Time, Stop Time, Length of Performance Concert star) time will be 6:30pm and Slop Tema will be 6:00pm for a total performance time of i 1r1 hours. Event Location: Peanuts Park, located at 109 S. 4th Ave., Pasco, WA 99301 Format/Type of Performance: 1.5 hole musk& padarnenoa with on tats iNnuEa EreaY (dressed). All eapacls of perMnwnoa Bre gbegmibfMMly. • The Artist shall arrive at the location listed above in time to set up and be ready to perform at least 20 minutes (or earlier, based on sound system needs) prior to the scheduled performance time. • The Artist should understand that this outdoor performance is scheduled in an informal setting at a designated park in Pasco. • The Artist will announce in any press releases that the Event is sponsored by the City of Pasco's Recreation Division. • The Artist agrees to supply all instruments, sound and backline unless otherwise noted and agreed upon and releases The City from obligation to provide hospitality including hotel, travel, meals and beverages. • In the event the concert is cancelled by the Producer more than one week in advance for any reason, the Artist will be offered an alternate date or may opt out of performance. If cancellation occurs by the Producer for a reason within its control within one week of the event the Producer is responsible for any proven losses incurred by the Artist and an alternate date, at the Producer's discretion. NU/Recreation/Music in the Park Page I of 4 • If there are any unforeseen circumstances beyond the Producer's control at any time the Producer reserves the right to cancel or offer an alternate date, at the Producer's discretion. • If Artist cancels performance after promotional efforts begin, Artist is responsible for any losses incurred by the Producer. • This program may be recorded by the City of Pasco's government access station for later broadcast with no fee or royalties due to Artist. 2. Compensation and Method of Payment. The City shall pay the Artist a lump sum of $ 25o for each event for services rendered within thirty days after receipt of the completed Invoice set forth on Exhibit A attached hereto and incorporated herein by this reference. 3. Notices/Contact Information. Notices to the City of Pasco and the Artist shall be sent to the following addresses: Notices to the City of Pasco shall be sent to Notices to the Artist shall be sent to the the following address: following address: Brent Kubalek, Recreation Manager Artist name: Bahuru Marimba Band City of Pasco Address: Zyp VCLICE61 - . 525 N. Third Ave. City, State, Zip Code: Kp44,hp I ('fZlt JCZA- P.O. Box 293 Phone Number: Pasco, Washington 99301 E-mail: Phone: 509-543-5790 E-mail: kubalekb@pasco-wa.gov 44-,,, dl o,,, 4. Independent Contractor. Artist and City agree that Artist is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Artist nor any employee of Artist shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Artist, or any employee of the Artist. 5. Indemnification. The Artist shall indemnify, defend and hold harmless the City, its agents and employees, from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of the Artist, its agents, servants, officers or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of the City, or its agents or employees caused or contributed thereto. In the event that the City shall elect to defend itself against any claim or suit arising from such injury, death or damage, the Artist shall, in addition to indemnifying and holding the City harmless from any liability, indemnify the City for any and all expense incurred by the City in defending such claim or suit, including reasonable attorney's fees. The Artist hereby waives its immunity under Title 51 of the Revised Code of Washington for claims of any type brought by any Artist agent or employee against the City. This waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is expressly made the consideration for this waiver. 6. Insurance. A. The Artist shall procure and maintain in full force throughout the df the Agreement comprehensive commercial liability insurance with a minimum coverage of $1,000.00OLbr None Reg uired� (circle one) per occurrence/aggregate for personal injury and property damage. Such policy shall name the City of NU/Recreation/Music in the Park Page 2 of 4 I Pasco as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. 7. Termination. This Agreement may at any time be terminated by the City giving to the Artist ten (10) days written notice of the City's intention to terminate the same. 8. Discrimination Prohibited. The Artist shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Artist to be provided under this Agreement on the basis of race, creed, color, national origin, families with children, sex, sexual orientation, gender identity, marital status, age, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person. 9. Assignment and Subcontract. The Artist may not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. 10. Entire Agreement. This Agreement and the referenced Exhibits contain the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 11. Dispute Resolution, Attorney Fees In the event of a dispute regarding the enforcement, breach, default, or interpretation of this agreement, Both Parties, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue plaved in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgement against the other. This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. CITY OF PA q' WASHNGTON AwN. (ft®t Ne By: By: tpo b I I�qq Title: Director of Admi ' e and Community Services Title:/V l_ CLVi YYl k (A _6 0 Yl d iIn(/ Date: Recreation Mgr Initial Date: /c, I a I / 1 NU/Recmation/Music in the Park Page 3 of 4 2016 CONTRACT FOR PERFORMING ARTIST SERVICES Between City of Pasco and Ed, Herman and the Thunder Puppies This Agreement is entered into by and between the City of Pasco, Washington, a noncharter optional municipal code city hereinafter referred to as "the City" and Ede Herman and the Thunder Puppies , here in after referred to as "the Artist", whose primary residence is located at: 3005 Rose 8L, west aichiand WA 99353 Phone is: 509-942-5353 and E -Mail is: edc@edchermanmusic.com WHEREAS, the City has determined the need to have certain recreational services performed for its citizens but does not have the resources to perform such services, and WHEREAS, the City desires to have the Artist perform such services for its Recreation Division program, activities, and events, pursuant to certain terms and conditions, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions set forth below, the parties hereto agree as follows: 1. Scone and Schedule of Services to be Performed by Artist. The Artist shall perform the services listed below in accordance with generally accepted professional practices in effect at the times those services are performed. The Artist shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services. The Artist shall perform as follows: Description of Event Concert in Vduntaer Park in Pasco, W0.1 1/2 hours in lerglh, aaeiManw open and free to the Wblic Day, Date, Year Thursday, August 4, 2016 Start Time, Stop Time, Length of Performance Concert siert time will be 6.30Mand SWp Time will be 8:00pm for a total pedormance time of 1 In norm Event Location: Volunteer Park (Gazebo) located at 622 N. 3rd Ave., Pasco, WA 99301 Format/Type of Performance: 1 YN trz Icwmaslal PxfwmenreM .. 10-15 In.Ix k(M �mA al sp apurame ., lobe /®nIry M1WNn, • The Artist shall arrive at the location listed above in time to set up and be ready to perform at least 20 minutes (or earlier, based on sound system needs) prior to the scheduled performance time. • The Artist should understand that this outdoor performance is scheduled in an informal setting at a designated park in Pasco. • The Artist will announce in any press releases that the Event is sponsored by the City of Pasco's Recreation Division. • The Artist agrees to supply all instruments, sound and backline unless otherwise noted and agreed upon and releases The City from obligation to provide hospitality including hotel, travel, meals and beverages. • In the event the concert is cancelled by the Producer more than one week in advance for any reason, the Artist will be offered an alternate date or may opt out of performance. If cancellation occurs by the Producer for a reason within its control within one week of the event the Producer is responsible for any proven losses incurred by the Artist and an alternate date, at the Producer's discretion. NU/Recreation/Music in the Park 414 Page 1 of 4 • If there are any unforeseen circumstances beyond the Producer's control at any time the Producer reserves the right to cancel or offer an alternate date, at the Producer's discretion. • If Artist cancels performance after promotional efforts begin, Artist is responsible for any losses incurred by the Producer. • This program may be recorded by the City of Pasco's government access station for later broadcast with no fee or royalties due to Artist. 2. Comuensation and Method of Payment. The City shall pay the Artist a lump sum of $ 500 for each event for services rendered within thirty days after receipt of the completed Invoice set forth on Exhibit A attached hereto and incorporated herein by this reference. 3. Notices/Contact Information. Notices to the City of Pasco and the Artist shall be sent to the following addresses: Notices to the City of Pasco shall be sent to Notices to the Artist shall be sent to the the following address: following address: Brent Kubalek, Recreation Manager City of Pasco 525 N. Third Ave. P.O. Box 293 Pasco, Washington 99301 Phone: 509-543-5790 E-mail: kubalekb@pasco-wa.gov Artist name: Eric Herman and the Thunder Puppies Address: 3005 Rose St. City, State, Zip Code: West Richland, WA 99353 Phone Number: 509-942-8363 E-mail: edc@edchermanmusic.com 4. Independent Contractor. Artist and City agree that Artist is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Artist nor any employee of Artist shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Artist, or any employee of the Artist. 5. Indemnification. The Artist shall indemnify, defend and hold harmless the City, its agents and employees, from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of the Artist, its agents, servants, officers or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of the City, or its agents or employees caused or contributed thereto. In the event that the City shall elect to defend itself against any claim or suit arising from such injury, death or damage, the Artist shall, in addition to indemnifying and holding the City harmless from any liability, indemnify the City for any and all expense incurred by the City in defending such claim or suit, including reasonable attorney's fees. The Artist hereby waives its immunity under Title 51 of the Revised Code of Washington for claims of any type brought by any Artist agent or employee against the City. This waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is expressly made the consideration for this waiver. 6. Insurance. A. The Artist shall procure and maintain in full force throughout the durj of the Agreement comprehensive commercial liability insurance with a minimum coverage of $1 000 00�� hr None Regwred� (circle one) per occurrence/aggregate for personal injury and property damage. Such policy shall name the City of NU/Recreation/Music in the Park C Page 2 of 4 Pasco as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. 7. Termination. This Agreement may at any time be terminated by the City giving to the Artist ten (10) days written notice of the City's intention to terminate the same. 8. Discrimination Prohibited. The Artist shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Artist to be provided under this Agreement on the basis of race, creed, color, national origin, families with children, sex, sexual orientation, gender identity, marital status, age, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person. 9. Assignment and Subcontract. The Artist may not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. 10. Entire Agreement. This Agreement and the referenced Exhibits contain the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 11. Dispute Resolution, Attorney Fees In the event of a dispute regarding the enforcement, breach, default, or interpretation of this agreement, Both Parties, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue plaved in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgement against the other. This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. CITY OF CO, WASHINGTON By: Title: Director of Administrative and Community Services Date: 11/17/15 Recreation Mgr Initial ARTIST: By. Eric Herman and the Thunder Puppies Till,.Artist Date: 11/17/15 NU/Recreation/Music in the Park Page 3 of 4 2016 CONTRACT FOR PERFORMING ARTIST SERVICES Between City of Pasco and 1,1, of Home This Agreement is.entered into by and between the City of Pasco, Washington, a ooncbarter optional municipal code city hereinafter refbrred to as "the City" and Tnl"Ierof Home `, here in after referred to as "the Artist", whose primary residence is located at: Me South EMo Stmot Kennewick. WA 9 933r Phone i5: 5094401210 and C -Mall Is: ryakawlch9ragm9lL9o=gasdu WHEREAS, the City has determined the need to have certain recreational services performed for its citizens but does not have the resources to perform such services, and WHEREAS, the City desires to have the Artist perform such services for its Recreation Division program, activities, and events, pursuant to certain terms and conditions, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions set forth below, the parties hereto agree as follows: Scone and Schedule of Services to be Performed by Artist, 7 he Artist shall perform the services listed below in accordance with generally accepted professional practices in effect at the times those services are performed. The Artist shall at all tirnes comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services. The Artist shall perform as follows: Description of Event Contort at OFAF stndlum, Peeco, WA. 11/2 hours In length, attendance open and iron m Ihn MIMk, Day, Date, Year Thursday, August 18, 2016 Staff Time, Stop Time, Leu th of Performance eoncnnnun tlmn Wil be 0:30pm and Slap nun will nn e;00pm for a tom performnnea eme of 112 hours. Event location: _ GESA Stadium mav3anine area lowtcd it 0200 Burden Blvd., Pasco, WA 99301 Format/Type of Performance: I ma t2nWrmunleN (Il MMnA)All nepntln NpmlNmM,m nm to p4 mmPynmMly s The Artist shall arrive at the location listed above in time to set up and be ready to perform at least 20 minutes (or earlier, based on sound system needs) prior to the scheduled performance time. e TheArtist should understand that this outdoor performance is scheduled in an informal setting at a designated park in Pasco. e The Artist will announce in any press releases that the Event is sponsored by the City of Pasco's Recreation Division. e The Artist agrees to supply all instruments, sound and backline unless otherwise noted and agreed upon and releases The City from obligation to provide hospitality including hotel, travel, meals and beverages. • In the event the concert is cancelled by the Producer more than one week in advance for any reason, the Artist will be offcred an alternate date or may opt out of performance. If cancellation occurs by the Producer for a reason within its control within one week of the event the Producer is responsible for any proven losses incurred by the Artist and an alternate date, at the Producer's discretion. NU/Itecrenlion/Music in the Pnrk Page I oro if there are any unforeseen circumstances beyond, the Producer's control at any time the Producer reserves the right to cancel or offer an alternate date, at the Producer's discretion, If Artist cancels performance after promotional efforts begin, Artist is responsible for any losses incurred by the Producer. This program may be recorded by the City of Pasco's government access station for later broadcast with no fee or royalties due to Artist. 2. Compensation and Method of Payment, The City shall pay the Artist a lump suin of $ eoo , for each event for services rendered within thirty days after receipt of the eotnpleted I11Voiec set forth on Exhibit A attached hereto andincorporatedherein by this reference. 3. Notices/Contact Information. Notices to the City of Pasco and the Artist shall be sent to the following addresses: to the City of Pasco the following address: Brent .Kubalek, Recreation Manager City of Pasco 525 N. Third Ave. P.O. Box 293 Pasco, Washington 99301 Phone: 509-543-5790 E-mail: ktibalckb@pasco-wa.gov C ent toI Notices to the Artist shall be sent to following address: Artist name: Traveler of Home Address: 3916 South Date Street City, State, Zip Code: Konnewlek, wA, 99337 Phone Number: 5094401210 E-mail: cyakawich@zagmail.gonzage.edu 4, Indenfndent Contractor. Artist and City agree that Artist is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Artist nor any employee of Artist shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial insurance Program, or otherwise assuming the duties of an employer with respect to the Artist, or any employee of the Artist. 5• indemnification. The Artist shall indemnify, defend and hold harmless the City, its agents and employees, from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of the Artist, its agents, servants, Officers or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of the City, or its agents or employees caused or contributed thereto. In the event that the City shall elect to der'end itself against any claim or suit arising from such injury, death or damage, the Artist shall, in addition to indemnifying and holding the City harmless from any liability, indemnify the City for any and all expense incurred by the City in defending such claim or snit, including reasonable attorney's fees. The Artist hereby waives its immunity under Title 51 of the Revised Code of Washington for claims of any type brought by any Artist agent or employee against the City. This waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is expressly made the consideration for this waiver. 6- Insurance. A. The Artist shall procure and maintain in full force throughout the dur< of the A regiment comprehensive commercial liability insurance with a minimum coverage of I opo ✓ Lrcle one) per occurrence/aggregate for personal injury and property damage. Such policy shall name the City of NLI/Recreation/Music in the Park Page 2 ON Pasco as an additional named insured and shall include a provision probibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. 7. Termination. This Agreement may at anytime be terminated by the City giving to the Artist ten (10) days written notice of the City's intention to terminate the same. 8. Discrimi,natSon Prohibited. The Artist shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Artist to be provided under this Agreement on the basis of race, creed, color, national origin, families with children, sex, sexual orientation, gender identity, marital status, age, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person. 9. Assignment and Subcontract. The Artist may not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. 10. Entire Aereement. This Agreement and the referenced Exhibits contain the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 11. Di_Umte Resolution, Attotnev Pees In the event of a dispute regarding the enforcement, breach, default, or interpretation of this agreement, [loth Parties, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right ofajury trial upon trial de novo, with venue plaved in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgement against the other. This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. in the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RC W 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. CITY OF CO ASMNGTON By: Title: Director of Adm tgtrative and Community Services Date: 12/3/2015 Recreation Mgr Xnifial _ ARTIST: (Prim Nome) By: Christopher Yakawich Title: The Artist 12/3/2015 Nll/Recrention/Music in the Park Page 3 of 2016 CONTRACT FOR PERFORMING ARTIST SERVICES Between CityofPamand cawm.on.n.wap.cao. This Agreement is entered into by and between the City of Pasco. Washington, a noneharter optional municipal code city hereinafter referred to as "the City" and • oa.n •a so* cw here in after referred to as "the Artist whose primary residence is located at: o v yYYO Pbone is: .SD 4 5'2Ce / S/r/ .,,n P_af".t C�P.5 , O." WHEREAS, the City has determined the need to have certain re t eatiraud servi es performed for its citizens but does not have the resources to perform such services, and WHEREAS, the City desires to have the Artist perform such services for its Recreation Division program, activities, and events, pursuant to certain tenni and conditions, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions set forth below, the Parties hereto agree as follows: L Scope and Schedule of Services to be Performed by Artist. The Artist shall perform the services listed below in accordance with generally accepted professional practices in effect at the times those services are performed. The Artist shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services. The Artist shall perfbrtn as follows: Description of Event eae.nnwrreewnv.�.vam wa.«aronaaetnw.a.uw..wewmm.pm Day, Date, Year Thursday, June 23, 2016 Start Time, Stop Time, Length of Performance r"'""«'•,.we.a:nv,,.,eeaern.,,we,eno.,,,,,,.w.,,«,,,,�.a,,,w„rsnea. Event Location: Volunteer Park (Gazebo) Wcatad at 622 N. 3rd Ave., Pasco, coq 9MI FormaOType of Performance• ,rs,..,,.dn+,.«...,,a.".,....•«...t,..f.....,".,....«.ma..�w. • The Artist shall arrive at the location listed above in time to set up and be ready to perform at least 20 minutes (or earlier, based on sound system needs) prior to the scheduled performance time. • The Artist should understand that this outdoor performance is scheduled in an informal setting at a designated park in Pasco. • 'Me Artist will announce in arty press releases that the Event is sponsored by the City of Pasco's Recreation Division. • The Artist agrees to supply all instruments, sound and backline unless otherwise noted and agreed upon and releases The City from obligation to provide hospitality including hotel, travel, meals and beverages. • In the event the concert is cancelled by the Producer more than one week in advance for any reason, the Artist will be offered an alternate date or may opt out of performance. If cancellation occurs by the Producer for a reason within its control within one week of the event the Producer is responsible for any proven losses incurred by the Artist and an alternate date, at the Producer's discretion. NU/Recreafion/Music in the Perk Page 1 oto If there are any unforeseen circumstances beyond the Producer's control at any time the Producer reserves the right to cancel or offer an alternate date, at the Producer's discretion. If Artist cancels performance after promotional efforts begin, Artist is responsible for any losses incurred by the Producer. This program may be recorded by the City of Pasco's government access station for later broadcast with no fee or royalties due to Artist 2. Compensation and Method of Payment. The City shall pay the Artist a lump stmt of $ 000 for each event for services rendered within thirty days after receipt of the completed Invoice set forth on Exhibit A attached hereto and incorporated herein by this reference. 3. Notices/Contact Information. Notices to the City of Pasco and the Artist shall be sent to the following addresses: Notices to the City of Pasco shall be sent to Notices to the Artist shall be sent to the following address: I following address: Brent Kubalek, Recreation Manager City of Pasco 525 N. Third Ave. P.O. Box 293 Pasco, Washington 99301 Phone: 509-543-5790 E-mail: kubalekb@pawo-wa.gov Artist name: Q/w, 1prp S Address: ft Lit,, V11Y6 City, State, Zip Code: F.sco w l4 9 f Phone Number: 5;e-? E-mail: exec 1-e.i)t'rer �� Cd/�..sbtcKs aru..n cev�s , a`� 4. Independent Contracmr. Artist and City agree that Artist is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Artist nor any employee of Artist shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income not or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect m the Artist, or any employee of the Artist. 5. Indemnification. The Artist shall indemnify, defend and hold harmless the City, its agents and employees, from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of the Artist, its agents, servants, officers or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of the City, or its agents or employees caused or contributed thereto. In the event that the City shall elect to defend itself against any claim or suit arising from such injury, death or damage, the Artist shall, in addition to indemnifying and holding the City harmless from my liability, indemnify the City for any and all expense incurred by the City in defending such claim or suit, including reasonable attorney's fres. The Artist hereby waives its immunity under Title 51 of the Revised Code of Washington for claims of my type brought by any Artist agent or employee against the City. This waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is expressly made the consideration for this waiver. 6. Inwrmcc, A. The Artist shall procure and maintain in full force throughout the duration of the Agreement comprehensive commercial liability incur with a minimum cov of: (check one) NU/Recrearion{Music in the Park Page 2 of4 per oocutnnce/aggregate for personal injury and property damage. Such policy shall name the City of Pasco as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. 7. Termination. This Agreement may at my time be terminated by the City giving m the Artist ten (10) days written notice of the City's intention to terminate the same. 8. Discrimination Prohibited. The Artist shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Artist te be provided under this Agreement on the basis of race, meed, color, national origin, families with children, sex, sexual orientation, gender identity, marital status, age, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person. 9. Assignment and Subcontract The Artist may not assign or subcontract my portion of the services contemplated by this Agreement without the prim written consent of the City. 10. Entire Aarcemem. This Agreement and the referenced Exhibits contain the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject miner of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either parry may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 11. Dispute Resolution. Attorney Fees In the event of a dispute regarding the enforcement, breach, default, or interpretation of this agreement, Both Parties, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of ajury trial upon trial de novo, with venue plaved in Pasco, Franklin County, Washington. The substantially prevailing party shall he entitled to its reasonable attorney fees and costs as additional award and judgement against the other. This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by the laws of the Stare of Washington. In the event of a dispute regarding the enforcement, breach, defmlt, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of ajmy trial upon trial de novo, with venue placed in Pasoo, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. CITY O P CQ W Bt#IWGTON By: Ole Title: Director of Administrative and Community Services Recreation Mgr Initial Date: /2A �i C� NU/Recreatlon/Mmsic m the Park Page 3 of4 2016 CONTRACT FOR PERFORMING ARTIST SERVICES Between ; City of Pasco and f-1 N S.y wGiz CAr Ns• �6.3 h , This Agreement is entered into by and between the City of Pasco, Washington, a noncharter optional municipal code city hereinafter referred to as "the City" and 1J$ V here in after referred to as "the Artist", whose primary residence is located at: Z90In w, '1 ga ltic t • ttiA Phone is:Gj�9 619 — 9qri9' , and E -Mail is:dQ„ ksil 4, @ n},, -- WHEREAS, the City has determined the need to have certain recreational services performed for its citizens but does not have the resources to perform such services, and WHEREAS, the City desires to have the Artist perform such services for its Recreation Division program, activities, and events, pursuant to certain terms and conditions, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions set forth below, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Artist. The Artist shall perform the services listed below in accordance with generally accepted professional practices in effect at the times those services are performed. The Artist shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services. The Artist shall perform as follows: Description of Event //��� LIJtJGQX'k IeJ �k% 0,!"'1` Day, Date, Year Start Time, Stop Time, Length of Performance Corcart slarttime will Ea a:30pm aM Shp Time will Ce a:00pm for a total Dertamer�ce time IN t 12 hours. Event Location: ���-rs PAe Vasco, WA Format/Type of Performance: I and 1rz Wurmu.m oenmmanws .n.lets —.mesa Idn.medl. Masexm mhedam.nc sm meer asymendp. • The Artist shall arrive at the location listed above in time to set up and be ready to perform at least 20 minutes (or earlier, based on sound system needs) prior to the scheduled performance tirde. • The Artist should understand that this outdoor performance is scheduled in an informal setting at a designated park in Pasco. • The Artist will announce in any press releases that the Event is sponsored by the City of Pasco's Recreation Division. • The Artist agrees to supply all instruments, sound and backline unless otherwise noted and agreed upon and releases The City from obligation to provide hospitality including hotel, travel, meals and beverages. • In the event the concert is cancelled by the Producer more than one week in advance for any reason, the Artist will be offered an alternate date or may opt out of performance. If cancellation occurs by the Producer for a reason within its control within one week of the event the Producer is responsible for any proven losses incurred by the Artist and an alternate date, at the Producer's discretion. NU/Recreation/Mmic in the Park Page 1 of 4 • If there are any unforeseen circumstances beyond the Producer's control at any time the Producer reserves the right to cancel or offer an alternate date, at the Producer's discretion. • If Artist cancels performance after promotional efforts begin, Artist is responsible for any losses incurred by the Producer. • This program may be recorded by the City of Pasco's government access station for later broadcast with no fee or royalties due to Artist. 2. Compensation and Method of Payment. The City shall pay the Artist a lump sum of $ 5-00 "=' for each event for services rendered within thirty days after receipt of the completed Invoice set forth on Exhibit A attached hereto and incorporated herein by this reference. 3. Notices/Contact Information. Notices to the City of Pasco and the Artist shall be sent to the following addresses: Notices to the City of Pasco shall be sent to Notices to the Artist shall be sent to the the following address: following address: Brent Kubalek, Recreation Manager Artist name; t a e ric 6r) VC r-t3a_S City of Pasco Address:'2,gd(p W, •7�h A�Q qt. p Sb 525 N. Third Ave. City, State, Zip Code: K,,,e u1 t o k W4 gg33 P.O. Box 293 Phone Number: sod _ �) y _ 9 q yg Pasco, Washington 99301 E-mail: Phone: 509-543-5790 E-mail: kubalekb@pasco-wa.gov 4. Independent Contractor. Artist and City agree that Artist is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Artist nor any employee of Artist shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Artist, or any employee of the Artist. 5. Indemnification. The Artist shall indemnify, defend and hold harmless the City, its agents and employees, from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of the Artist, its agents, servants, officers or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of the City, or its agents or employees caused or contributed thereto. In the event that the City shall elect to defend itself against any claim or suit arising from such injury, death or damage, the Artist shall, in addition to indemnifying and holding the City harmless from any liability, indemnify the City for any and all expense incurred by the City in defending such claim or suit, including reasonable attorney's fees. The Artist hereby waives its immunity under Title 51 of the Revised Code of Washington for claims of any type brought by any Artist agent or employee against the City. This waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is expressly made the consideration for this waiver. 6. Insurance. A. The Artist shall procure and maintain in full force throughout the durq--,1i of the Agreement comprehensive commercial liability insurance with a minimum coverage of $100000OLbr None RecuiredlN I (circle one) per occurrence/aggregate for personal injury and property damage. Such policy shall name the City of NU/Recreation/Music in the Park Page 2 of 4 Pasco as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. 7. Termination. This Agreement may at any time be terminated by the City giving to the Artist ten (10) days written notice of the City's intention to terminate the same. & Discrimination Prohibited. The Artist shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Artist to be provided under this Agreement on the basis of race, creed, color, national origin, families with children, sex, sexual orientation, gender identity, marital status, age, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person. 9. Assignment and Subcontract. The Artist may not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. 10. Entire Agreement. This Agreement and the referenced Exhibits contain the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either parry may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 11. Dispute Resolution, Attorney Fees In the event of a dispute regarding the enforcement, breach, default, or interpretation of this agreement, Both Parties, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue plaved in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgement against the other. This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. CITY OF SCO, W SHINGTON By: / 4 Title: Director of Administrative and Community Services Date: `?i��i�O—/ (09 Recreation Mgr Initial ARTIST: (Pore N—) Title: IZe�p Date: / - Z S - I (o NU/Recreation/Music in the Park Page 3 of 4 2016 CONTRACT FOR PERFORMING ARTIST SERVICES Between jj�� City of Pasco and - R 4, ro A. T6to,�in, This Agreement is entered into by and between the ity of Pasco. Washington, a noncharter optional municipal code city hereinafter referred to as "the City" and o:, it w Y here in after referred to as "the Artist", whose prim residence is located at: fS7i W �nw �4 �a p (,(f X930/ Phone is: AGKj A and E-Mail is: ' Yaimivn_ Ak Ai) 1%,. 1.,..., WHEREAS, the City has determined the need to have certain recreational services performed for its citizens but does not have the resources to perform such services, and WHEREAS, the City desires to have the Artist perform such services for its Recreation Division program, activities, and events, pursuant to certain terms and conditions, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions set forth below, the parties hereto agree as follows: Scope and Schedule of Services to be Performed by Artist. The Artist shall perform the services listed below in accordance with generally accepted professional practices in effect at the times those services are performed. The Artist shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services. The Artist shall perform as follows: Description of Event �t�tce>~F Cline Musk) Day, Date, Year 7A 2016 Start Time, Stop Time, Length of Performance Camsa3Umtimewi1l1be6:30pmaMStr.p Time will be 8:00pmfar a totalperto.mar timeof112 hours. Event Location: U)4 (&E -,SA 94*d iam ) Format/Type of Performance: 1 and lamurmu:kn peno,nun„„5y, une,o-ts minNe ereax(Xreweal, NI ngCs orpe,m,m.m. zrerom remly memry • The Artist shall arrive at the location listed above in time to set up and be ready to perform at least 20 minutes (or earlier, based on sound system needs) prior to the scheduled performance time. • The Artist should understand that this outdoor performance is scheduled in an informal setting at a designated park in Pasco. • The Artist will announce in any press releases that the Event is sponsored by the City of Pasco's Recreation Division. • The Artist agrees to supply all instruments, sound and backline unless otherwise noted and agreed upon and releases The City from obligation to provide hospitality including hotel, travel, meals and beverages. • In the event the concert is cancelled by the Producer more than one week in advance for any reason, the Artist will be offered an alternate date or may opt out of performance. If cancellation occurs by the Producer for a reason within its control within one week of the event the Producer is responsible for any proven losses incurred by the Artist and an alternate date, at the Producer's discretion. NU/Recreation/Music in the Park Page 1 of 4 • If there are any unforeseen circumstances beyond the Producer's control at any time the Producer reserves the right to cancel or offer an alternate date, at the Producer's discretion. • If Artist cancels performance after promotional efforts begin, Artist is responsible for any losses incurred by the Producer. • This program may be recorded by the City of Pasco's government access station for later broadcast with no fee or royalties due to Artist. 2. Compensation and Method of Pam. The City shall pay the Artist a lump sum of $S00 for each event for services rendered within thirty days after receipt of the completed Invoice set forth on Exhibit A attached hereto and incorporated herein by this reference. 3. Notices/Contact Information. Notices to the City of Pasco and the Artist shall be sent to the following addresses: Notices to the City of Pasco shall be sent to Notices to the Artist shall be sent to the the following address: I following address: Brent Kubalek, Recreation Manager City of Pasco 525 N. Third Ave. P.O. Box 293 Pasco, Washington 99301 Phone: 509-543-5790 E-mail: kubalekb@pasco-wa.gov Artist name: R,WMFro A tl End Address: $Z y E.t.) Hegty S'4, City, State, Zip Code: __el I WA 113 61 Phone Number: (SO Q4 — E-mail: v2Nti/U. cllnu�'IU¢t 4. Independent Contractor. Artist and City agree that Artist is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Artist nor any employee of Artist shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Artist, or any employee of the Artist. 5. Indemnification. The Artist shall indemnify, defend and hold harmless the City, its agents and employees, from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of the Artist, its agents, servants, officers or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of the City, or its agents or employees caused or contributed thereto. In the event that the City shall elect to defend itself against any claim or suit arising from such injury, death or damage, the Artist shall, in addition to indemnifying and holding the City harmless from any liability, indemnify the City for any and all expense incurred by the City in defending such claim or suit, including reasonable attorney's fees. The Artist hereby waives its immunity under Title 51 of the Revised Code of Washington for claims of any type brought by any Artist agent or employee against the City. This waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is expressly made the consideration for this waiver. 6. Insurance. A. The Artist shall procure and maintain in full force throughout the duTTq�`'p of the L Agreement comprehensive commercial liability insurance with a minimum coverage of J1,000,0006r None Reau'vedlN I (circle one) per occurrence/aggregate for personal injury and property damage. Such policy shall name the City ofu NU/Recreation/Music in the Park Page 2 of 4 Pasco as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. 7. Termination. This Agreement may at any time be terminated by the City giving to the Artist ten (10) days written notice of the City's intention to terminate the same. 8. Discrimination Prohibited. The Artist shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Artist to be provided under this Agreement on the basis of race, creed, color, national origin, families with children, sex, sexual orientation, gender identity, marital status, age, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person. 9. Assignment and Subcontract. The Artist may not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. 10. Entire Agreement. This Agreement and the referenced Exhibits contain the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. H. Dispute Resolution, Attorney Fees In the event of a dispute regarding the enforcement, breach, default, or interpretation of this agreement, Both Parties, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue plaved in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgement against the other. This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. CITY OF P SCO, W„A,SHINGTON ARTIST: M �'�, N By: 1 r/ /� By: t Kamt1r0 J. LWd�— Title: Director of Administrative and Community Services Title: I/NA” en' Date: 2 -2Q — ((O Date: tllS 12016 Recreation Mgr Initial NU/Recreation/Music in the Park Page 3 of 4 2016 CONTRACT FOR PERFORMING ARTIST SERVICES Betwegn City of Pasco and ( 0 114; 111 This Agreement is entered into by and between theCity of Pasco, Washington, a noncharter optional municipal code city hereinafter referred to as "the City" and T\!,6 �hS�iti {-D , here in after referred to as "the Artist", whose primary residence is located at: G Phoneis:�y�,andElvis: Va tdiim WHEREAS, the City has determined the need to have certain recreational services performed for its citizens but does not have the resources to perform such services, and WHEREAS, the City desires to have the Artist perform such services for its Recreation Division program, activities, and events, pursuant to certain terms and conditions, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions set forth below, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Artist. The Artist shall perform the services listed below in accordance with generally accepted professional practices in effect at the times those services are performed. The Artist shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services. The Artist shall perform as follows: Description of Event L�V� M4511 Day, Date, Year / _ —3D— I f_ tQ rJ Start Time, Stop Time, Len hof Performance �" "eneart timerll Ee 6:3�makSop nmewll be 6:60pmyM�e dal peRo manre meo 112 ho rs. Event Location: �S� � U0�1N►�Psr 1�'k ' Format/Type of Performance: „�,rzhW.m kalpxfom �.o a,a,s� .lti.�Gal.„om. . roe mN� aalr. • The Artist shall arrive at the location listed above in time to set up and be ready to perform at least 20 minutes (or earlier, based on sound system needs) prior to the scheduled performance time. • The Artist should understand that this outdoor performance is scheduled in an informal setting at a designated park in Pasco. • The Artist will announce in any press releases that the Event is sponsored by the City of Pasco's Recreation Division. • The Artist agrees to supply all instruments, sound and backline unless otherwise noted and agreed upon and releases The City from obligation to provide hospitality including hotel, travel, meals and beverages. • In the event the concert is cancelled by the Producer more than one week in advance for any reason, the Artist will be offered an alternate date or may opt out of performance. If cancellation occurs by the Producer for a reason within its control within one week of the event the Producer is responsible for any proven losses incurred by the Artist and an alternate date, at the Producer's discretion. NU/Recreation/Music in the Park Page 1 of 4 • If there are any unforeseen circumstances beyond the Producer's control at any time the Producer reserves the right to cancel or offer an alternate date, at the Producer's discretion. • If Artist cancels performance after promotional efforts begin, Artist is responsible for any losses incurred by the Producer. • This program may be recorded by the City of Pasco's government access station for later broadcast with no fee or royalties due to Artist. 2. Compensation and Method of Pam. The City shall pay the Artist a lump sum of $ SOO for each event for services rendered within thirty days after receipt of the completed Invoice set forth on Exhibit A attached hereto and incorporated herein by this reference. 3. Notices/Contact Information. Notices to the City of Pasco and the Artist shall be sent to the following addresses: Notices to the City of Pasco shall be sent toI Notices to the Artist shall be sent to the the following address: following address: Brent Kubalek, Recreation Manager City of Pasco 525 N. Third Ave. P.O. Box 293 Pasco, Washington 99301 Phone: 509-543-5790 E-mail: kubalekb@pasco-wa.gov Artist name: Address: City, State, Zip Code: Phone Number: E-mail: 4. Independent Contractor. Artist and City agree that Artist is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Artist nor any employee of Artist shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Artist, or any employee of the Artist. 5. Indemnification. The Artist shall indemnify, defend and hold harmless the City, its agents and employees, from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of the Artist, its agents, servants, officers or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of the City, or its agents or employees caused or contributed thereto. In the event that the City shall elect to defend itself against any claim or suit arising from such injury, death or damage, the Artist shall, in addition to indemnifying and holding the City harmless from any liability, indemnify the City for any and all expense incurred by the City in defending such claim or suit, including reasonable attomey's fees. The Artist hereby waives its immunity under Title 51 of the Revised Code of Washington for claims of any type brought by any Artist agent or employee against the City. This waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is expressly made the consideration for this waiver. 6. Insurance. A. The Artist shall procure and maintain in full force throughout the dur of the Agreement comprehensive commercial liability insurance with a minimum coverage of $1,000.00( r None Requiredld I (circle one) per occurrence/aggregate for personal injury and property damage. Such policy shall name the City of NU/Recreation/Music in the Park Page 2 of 4 Pasco as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. 7. Termination. This Agreement may at any time be terminated by the City giving to the Artist ten (10) days written notice of the City's intention to terminate the same. S. Discrimination Prohibited. The Artist shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Artist to be provided under this Agreement on the basis of race, creed, color, national origin, families with children, sex, sexual orientation, gender identity, marital status, age, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person. 9. Assignment and Subcontract. The Artist may not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. 10. Entire Agreement. This Agreement and the referenced Exhibits contain the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 11. Dispute Resolution, Attorney Fees In the event of a dispute regarding the enforcement, breach, default, or interpretation of this agreement, Both Parties, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue plaved in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgement against the other. This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, wi venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its MabloigOm—ft fees and costs as additional award and judgment against the other. 4i� CITY OF SCO SHINGTON By: Title: Director of Administrative and Community Services Z-ZG - (V Recreation Mgr Initial Date: a - I � _ l NU/Recreahon/Music in the Park Page 3 of 4