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HomeMy WebLinkAboutBadger Mtn Dry Band Concert in the Park 08.13.212021 CONTRACT FOR PERFORMING ARTIST SERVICES Between City of Pasco and Badger Mountain Dry 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 Badger Mountain Dry Band , here in after referred to as "the Artist", whose primary residence is located at: 1627 McMurray Ave., Richland, WA 99354 Phone is: 509-713-4420 , and E-Mall is: Jgapolpe31918@gmail.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. 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 Concert at Pasco Sporting Complex in Pasco, WA, attendance open and free to the public. Day, Date, Year Friday, August 13, 2021 Start Time, Stop Time, Start time: 7:00pm; Stop Time: 8:30pm; one 10-15 minute break allowed. Lenath of Performance Event Location: Pasco Sporting Complex located at 6520 Home Run Rd., Pasco, WA 99301 Format/Type of 1.5 hour musical performance (one 10-15 minute break if needed). All aspects must be family friendly. Performance: • 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, 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. NU/Recreation/2-Special Events/Sundown.../2021.../Band Agreements 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 $ 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 I Notices to the Artist shall be sent to the the following address: 1 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: Badger Mountain Dry Band Address: 1627 McMurray Ave. City, State, Zip Code: Richland, WA 99354 Phone Number: 509-539-6638 E-mail: jgaprilpe31918@gmail.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 dur�of the Agreement comprehensive commercial liability insurance with a minimum coverage of $1.000.00OIJor �1m Ba air A circle one) per occurrence/aggregate for personal injury and property damage. Such policy shall name the City of NU/Recreation/2-Special Events/Sundown ... /2021... Band Agreements 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 Resolutiori,_�ttorney 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&CO, WASH NGTON By: ►2-y►�-c Title: Directqr of Administrative and Communit. ,Services Date: & '2-- Recreation Mgr Initial Z ARTIST: Br w. _ APW L. ftWNsMr Title:24.&A ar M+A. PW Date: 7 Z NU/Rwreation/2-Special Events/Sundown..J202L.-Mand Agreements Page 3 of 4 City of Pasco, Washington Performing Artist Services EXIIMIT A IlWOICE For performance at: Memorial Park on Friday, July 9 Make check in the amount of $ 500 Payable to: John April Social Security # or TIN #: 563-02-1118 (Required for payment) Signature of -7/(9/2. Date Please submit invoice to: City of Pasco, Recreation Division 525 N. 3rd Ave. Pasco, WA 99301 NU R=eadon/2-Special Events/Sundown..J2021..JBand Agreements Pages 4 of 4