HomeMy WebLinkAboutBram, Brata & Ok2Botay Steel Drum Bands - 2020 Contract for Performing Artist Services2020 CONTRACT FOR PERFORMING ARTIST
SERVICES Between
City of g"asco and Bram grata a Or2Boray SW Drum Bards
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 eras" Bram a °�r-� srw D= , here in after refereed to as "the Artist",
whose primary residence is located at: 1857T-31 os., Pkhlar4, wA 99W4
9
Phone is: 509-713-6024 , and E -Mail is: ste�56 — — - ---
WHEREt1S, the City has determined the treed to have certain remational 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. ne Artist shall perforin 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 Derforxm as follows:
Description of Event
C.ottoeri in AAemotia[ Pack in Pasco. WA 1.5 flours in ierglh, a1ffindance open and free to the puta6c.
Day, Date, Year -- - -
' Friday, /august 21, 2020
Start Tim, Stop Time,
Lexi th of Performance
C.arXBn start tine " be T:t1Qprt1 ora Mop Tme WN be tl•30pm for a total performance >ierm of 7.5 holes..
Event Location:
Memorial Pack (Pavilion) tai at 1520 W. Shostarne SL, Pasco, WA 9=1
Format 1 ype of
Performance:
1.5 how musics! offt"name (one ,0-, 5 rte tu* beeak 9 rteadeo. AN aspe= must oe IW* kiw*,
• 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, basest 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 parr 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 baekiine unless otherwise
noted and agreed upon and releases The City from obligation to provide
hospitality Including hotel, travel, meals and beverages, unless otherwise agreed.
• 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.
• 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 sura of
$ 3W for each event for services rendered within thirty bays 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. Ave.
P.O. Box 293
Pasco, Washington 99301
Phone: 509-543-5790
E-mail: kubalekb(§�pasco-wa.gov
Artist name: Bram Brata & Ok2Botay Steel Drum Bands
Address: 1657 Terminal Dr.
City, State, Zip Coale: wctdar4 WA 99354
Phone Number: 509-713-6024
E -Mail: steekhnmVigsOgmail.c om
4. 19ftendent Czntractor. 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 trade the
consideration for this waiver.
b. Insurance.
A. The Artist shall procure and maintain in full force throughout the of the Agreement,
in
comprehensive commercial liability insurance with a minimum coverage of $1 p0U d r Atom Fed__ R
(circk orae) per occuiwace/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) clays
written notice of the City's intention to terminate the same.
8. Discrimination Prohibited. The Artist shall not disrrirunate 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 patties 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 patty 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 conswmd 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
Adminis=orc, 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
7A4A, as amended. with bah parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco,
Franklin County, Washington. The substantially prevailing party sluffl be entitled to its reasonable attorney fees and
costs as additional award and judgment against the other.
CITY OF PASCO, WASHINGTON ARTIST:
Signed: S"
Bye Zaf h k4tk , By; /y/Y 0GfC
Title: Director of.Administrative and CommunitY Services Title:72f5,
Date: 2 F� �(7 .bate:
Recreation Mgr Initial
City of Pasco, Washialgton
Performing Aust Services
EXHWIT A
INVOICE
For perforce at:Memorial 'ark on Friday, August 21
Make check in the amount of: $ ` 0
Payable to-�SL�%� --
Social Security # or err: �l —/73
(Required for payment)
Date
Please submit invoice to: City of Pasco, R=ieation Division
525 N. 3rd Ave.
Pasco, WA 99301