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