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HomeMy WebLinkAboutEric Herman & the Puppy Dogs - Concert in the Park 20212021 CONTRACT FOR PERFORMING ARTIST ~ SERVICES Between ~ ri c Ue,v ~ ~-~ ()iyf'1 Dli 'JS' City of Pasco and Er1c1-1ennan&~,e • 10·~ / fJ ' I ✓ This Agreement is entered into by and between the Oty of Pasco, w--L ~.ocharter optional nn.micipal code city hereinafter refem:d to as "the Oty" and Eric Herman !.J;ae n,mofc: Pc~ ;re~ after refem:d to as "the Artist", whose primazy residence is located at:_3005_R_ose_St_., w_est_Ric:hland, __ w_A99353 _____________ _, Phone is: 509-842-8363 and E-Mail is: _enc@_eriohermanmu_-___ ac_-_com _________ _ WHEREAS, the City has determined the need to have certain recreational services performed for its citiz.ens 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, INCONSIDERATION OF the mutual benefits and colditions set forth below, the parties rereto agree as follows : 1. Scope and Schedule of Services to be Performed by Artist. The Artist shall perfonn the services listed below in accordance with generally accepted professional practices in effect at the times those servJ_~are performed. The Artist shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the petformance of such services. The Arti t hall rti £ 11 s s pe orm as o ows: Description of Event Concert at Paaco Sportlll! Complex In Pasco, WA, attendance open and free to Ile~ Day, Date, Year Friday, July 9, 2021 Start Time, Stop Time, Start time: 7:00pm; Stop Time: 8:30pm; one 10-15 minute break af tu,-ed. Len2th of Performance Event Location: Pasco Sporting Complex loca1ed at 6520 Home Run Rd., Pasco, WA 99301 Fortnat/Type of 1.ShOllr mutlcalperlonnance (one 10-15mll'llle brNk I needed). Al aspedsll'IUSlbe...,f--n:!~- Performance: • The Artist shall arrive at the location listed above in time to set up and be ready to perfonn at least 20 minutes (or earlier, based on SOUrtd 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 parlc 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 back.line unless otherwise noted and agreed upon and releases The City from obligation to provide hospit.ality including hotel, travel, meals and beveragest 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. Tf 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/2-Special Events/Sundown .. ./2021 ... /Band Agreements Pagel of4 • 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 perfonnance 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. I can't agree to this. -EHE ·11 it<,r O JkC,'Jj ,NI (t,cd'°' 2. Compensation and Method of Payment. The City shall pay the Artist a lump sum of $ 550 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 fufonnation. 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 the following address: \ __ Brent Kubalek, Recreation Manager City of Pasco · 525 N. Third Ave. P.O.Box293 Pasco, Washington 99301 Phone: 509-543-5790 E--mail: kubalekb@pasco-wa.gov Notices to the Artist shall be sent to the following address: _ l\ u n D gJi, _ 6'vi 'c µ~~~ ~ t'W V''1ff1 ",jS gr-- Artist namc;:..Efie I lel'ffle.ti •& the I liOOdei Pi:,ppies Address: 3005 Rose St. City. State. Zip Code: West Richland. WA 99353 Phone Number: 509-942-8363 E-mail: eric@erlchermanmusic.com 4. Indscpendent 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 relationslnp of employer and employee between the parties hereto. Neither Artist oor 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 withoolding or otherwise deducting federal inco~ tax or social securily or contn'buting to the State Industrial Insmmx;e Program, or otherwise assuming the duties of an employer with respect to the Artist, or any employee of the Artist. 5. Imemnification. The Artist shall indemnify, defend and hold harmless the Cily, its agents and employees, fmm and against any and all liabilily arising from irymy or death to persons or damage to property resulting in whole or in part fmm 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 contnl>uted thereto. In the event that the City shall elect to defend jtself against any claim or suit arising fmm such iajwy, death or damage, the Artist shall, in addition to indemnifying and holding the Cily harmless fmm any liability, indemnify the City for any and all expense incurred by the City in defending such claim or suit, iocluding reasonable attorney's fees. The Artist hereby waives its immunity under Title 5 l 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 ~ of the Agree=t8{ ~mprehensive collllrercial liability insurance with a minimum coverage of $1,000 ~ None Reg' (circh one> per oocurreIX:e/aggregate for personal injwy and property damage. Such policy shall name the City of NU/Recreation/2-Special Events/Sundown .. .fl02 l ... /Band Agreements Page2of4 Pasco as an additional nuned inswed and shall include a provision prohibitmg cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. 1. Tenpination. This Agreement may al any time be terminated by the City giving to the Artist ten (JO) days written 11:>ticc of the City's intention to terminate the same. 8. DiscrirniNUk!D Proht)iled. The Artist shall not discriminate against any e111>loyce, applicant for employment, or any person seeking the services of the Artist to be provided under this Agrocmcnt on the basis of tacc, creed, color, national origil\ families with childml, sex. sexual oriemation, gender ideuity, marital status, a~ or the pro$Cncc of any scnsoiy, mctUI. or physical disability o.r the use of a Ctaiocd dog guide or scmcc animaJ by a disabled person. 9. AssjgIJDRI, and Sybcontract. The Artist may not assign or subcontract any portion of Em services conteDl)laled by this ~ without the prior written consent of the City. 10. Eplire ~01-This Agreement aod the referenced Exhll>its contain the e«ue Agreement between the parties hereto and m other Agroemems, oral or othcnvisc, rcganling the subj<:(t matter of this Ag,eemc~ shall be deemed to exist or bind aoy of the parties bemo. Fither party u:aay :tequest chan&es in the agn:ement Proposed cbanses which are mutually agrffii upon shall be iR:o.rporatcd by writtettamendmeots to this Agreeinem. 11. Dispu te Resolution, Attorney Foes In the ~-of a dispute segardiog the eafon:emeot, brcacb, defauU:. or inteipretation 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 asn:bmctt of too parties, said dispute shall be resolved by &bitr.ttion pumiant to RON 7.04~ as aioonded, with both parties waivmgtbe right of ajwy trial upon trial de riow. with venue plavcd in Pasco, Fradclin Counly, Washington. 'foo soostantially prevailing party shall be cmtJcd to its ~le attorney~ aud ~ as adcUdonal awam aodjudgemeDt against the other. This Agreement has-been and shall be wnstrued as having been made and enten:d iOO> and delivered within lhe State of Washington, am it is~ by each party hereto that this Asreemcnt shall be governed by the laws of the State of Washington. In the event of a dispure rt~ the enforeemet1, breach, default, or intcipn:fation of this Agreemeit. the Project Adminisliaeo~ or their dcsignees, shall fust meet in a good firith effort to resotve such dispute. In the event the dispute C8JIJIOt be molvcd by agreement of the~ said dispute shall be resolved by albitmCion ~ to RCW 7.04A, as amended. with both parties waiving the rightofajuty lriaJ upon trial de novo,. with venue placed in Pao, Franklin Counly. WashiDgton. The substamially pJmlilin& party sball be entitled to its rusonable attDmey fees and costs as additional awaid and judgment against the other. Cl1Y 0~1co, w ASHINGTON Signed: /ld2 g::,-... By: ~,a4(l -(Ald-L--~---,-C..-,,:;.;...;__....;._ ___ ::....;_.;__ __ =~:: Dj&r:A:r:~• and ~It SeDm Recreation Mgr Initial ~ ARTIST: Signed: ~ ~ £?---.. By: €n'c /.{e~r"' w) (fl'n~ Tide: fty-1,· rf Date: IP /, s-/ ~ ] ' . .f NUl'Rccreation/2.Spccial EvcnWSundown. . ./2021 .. JBand ~ Page3of4