Loading...
HomeMy WebLinkAboutConcert in the Park Performing Artist Agreements 20182018 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 Band here in after referred to as "the Artist", T- whose primary residence is located at:-rM -k_ Phone is: !! Uq - (p Z,T • `6l-7 ? , and E-Mail is: � , Ck 41.jfLAVC6�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: 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 verform as follows: Description of Event Concert in Volunteer Parkin Pasco, WA 1.5 hours in length, attendance open and free to the public. Day, Date, Year Wednesday, July 11. 2018. Start Time, Stop Time, Length of Performance Concert start time will be S:OOpm and Stop Time will be 6:30pm for a total performance time of 7,5 hours. Event Location: Volunteer Park (Gazebo) located at 622 N. 3rd Ave., Pasco, WA 99301 Format/Type of Performance: 1.5 hour musical performance (one 10-15 minute break if needed). All aspects must be (amity friendly. • 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/Music in the Park Page 1 of 4 "7-71,7 • 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 $ 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 to f 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: Bahuru Marimba Band Address: 1957 Pl City, State, Zip Code: Ric.hlawA, WA 11935'14 Phone Number: r0q - 6S-9'17 2 E-mail: S}radley�an��c�►nui f , cow 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 Agreements comprehensive commercial liability insurance with a minimum coverage of S1.000.0001_br None €�e;;Z"l l (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. 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 CJ,ASHINGTON Signed: By: E)ir-A-) F) �r ' (Print Name) Title: Director of Administrative and Community Services Date: 1 S — Recreation Mgr Initial Sigr LOW Title: Aa _ i M1 ba--- Date: % NU/Recreation/Music in the Park Page 3 of 4 2018 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 Balwru Marimba Band here in after referred to as "the Artist", whose primary residence is located at:T, Phone is: `7 U,7- - ZQ' •` —7 2—, and E-Mail is: tLd.G4`7rda r'1 ,11af'] . 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 e and Schedule of Services to be Performed by Ariisi. 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 Park in Pasco, WA 1.5 bows in length, attendance open and tree t0 the public. Day, Date, Year -- Wednesday, July 11, 2018 Start Time, Stop Time, Co." start time will be 5:00pm and Stop Time will to B�Opm for a total performance time of 1.5 hours. Len h of Performance Event Location: Volunteer Park (Gazebo) located at 622 N. 3rd Ave., Pasco, WA 99301 Format/Type of 1.5 hour musical performance (one 10-15 minute break needed). All aspects must be (amity idendly. 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/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. Com ensation and Method of Payment. The City shall pay the Artist a lump sum of $ 300 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: 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: Bahuru Marimba Band Address: 190 7-&Y--,1'AaI ,per. City, State, Zip Code: Ril-hIeiJ, k14 91739'q Phone Number: S'ot-&S-9/72 E-mail: ! "IeyPa,m@Smu`j.con., 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-A"*-p of the Agreement comprehensive commercial liability insurance with a minimum coverage of $1,000.00OLbr (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. 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 P CO, ASHINGTON Signed: (Print Name) Title: Director of Administrative and C2mmmity Services Date: 7 — 5 = / 9-1 Recreation Mgr Initial Date: �o % NU/Recreation/Music in the Park Page 3 of 4 i 2018 CONTRACT FOR PERFORMING ARTIST SERVICES Between City of Pasco and Barn Brata & OK2Botay Steel Bands 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 Barn Brata & OK2Botay Steel Bands here in after referred to as "the Artist", whose primary residence is located at: 5202 Moc .W h; r cj Gf. , Wes 1 R r h6 A ; WA 993y 3 Phone is: 509 528 2097 and E-Mail is: Bramsotay@outlook.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 A rtist shall pertorm as follows: Description of Event Concert in Volunteer Park in Pasco, WA 1.5 hours in length, attendance open and free to the public. Day, Date, Year 1wednesday, July 25, 2018 Start Time, Stop Time, Concert start time will be 5:00pm and Stop Time will be 6:30pm for a total performance time of 1.5 hours. Length of Performance Event Location: Volunteer Park (Gazebo) located at 622 N. 3rd Ave., 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/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 Payment. 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 to Notices to the Artist shall be sent to the the following address: following address: Brent Kubalek, Recreation Manager Artist name: Bam Brata & OK2Botay Steel Bands City of Pasco Address: 520Z.A4ot/k;m8borJ a, 525 N. Third Ave. City, State, Zip Code: West Rickla,4, WA 99353 P.O. Box 293 Phone Number: 5'0y-5'Z9-Zoq7 Pasco, Washington 99301 E-mail: bra%botuyQo"N ok.u4i 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 dur? of the Agreement❑ comprehensive commercial liability insurance with a minimum coverage of $1,000,001� I or 4e s{urd (check 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. 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 PAS O, WASHINGTON Signed: By: Ault) 't� r_-17 (Print Name) Title: Director of Administrative and Community Services Date: z r ! Recreation Mgr Initial W--. — ARTIST: Signed: By. Libby Von Bargen (Print Name) Title: Scheduler 1 Date: 1 Z AF NU/Recreation/Music in the Park Page 3 of 4 For performance at: City of Pasco, Washington Performing Artist Services EXHIBIT A INVOICE Volunteer Park on Wednesday, July 25, 2018 Make check in the amount of $ 300 Payable to: Social Security # or TIN M (Required for payment) Signature of Artist Date Please submit invoice to: City of Pasco, Recreation Division 525 N. 3rd Ave. Pasco, WA 99301 NU/Recreation/Music in the Park Page 4 of 4 2018 CONTRACT FOR PERFORMING ARTIST SERVICES Between City of Pasco and Evan Egerer 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 Evan Egerer , here in after referred to as "the Artist", whose primary residence is located at: 5113 W Margaret St, Pasco WA 99301 , Phone is: (360) 286-7439 , and E-Mall is: evanegerer@outtook.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: 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 in Volunteer Park in Pasco, WA 1.5 hours in length, attendance open and free to the public. Day, Date, Year Wednesday, August 8, 2018 Start Time, Stop Time, Concert start time will be 5:00pm and Stop Time will be 6:30pm for a total performance time of 7.5 hours. Length of Performance Event Location: Volunteer Park (Gazebo) located at 622 N. 3rd Ave., 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/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 Payment. The City shall pay the Artist a lump sum of $ 450 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: Evan Egerer Address: 5113 W Margaret St City, State, Zip Code: Pasco, WA 99301 Phone Number: (360) 286-7439 E-mail: evanegerer@outlook.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 duof the Agreement �j comprehensive commercial liability insurance with a minimum coverage of $1 000 000 r None 8&9uirW (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. 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 PASCO, WASHINGTON ARTIST: Signed: , ,.� Signed:__, L_ By, f,� bye_ By: Evan Egerer (Print Name) (Print Name) Title: Director of Administrative and Community Services Title: Musician Date: 3/12/18 Recreation Mgr Initial Date: 3/12/18 NU/Recreation/Music in the Park Page 3 of 4 2018 CONTRACT FOR PERFORMING ARTIST SERVICES Between City of Pasco and Tri-City Latin Fusion 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 Tri-City Latin Fusio here in after referred to as "the Artist", whose primary residence is located at: / �- n n �s i h r1 we '�-c L A _ -79,3 3 �o Phone is: Y Yd -- ©-E5 -?�-1 , and E-Mail is: c.-o r✓ ) 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 in Volunteer Park in Pasco, WA 1.5 hours il. f Day, Date, Year Wednesday, August 15, 2018 Start Time, Stop Time, Len of Performance Concert start time will be 7:00pm and Stop Time wil Event Location: _ _ Volunteer Park (Gazebo) located at 622 N. 3rd Ave Format/Type of Performance: 1.5 hour musical performance (one 10-15 minute b • 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/Recreadon/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. C_ompensadon 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:Tri-City Latin Fusion Address: 1(/ -?- S -b �-,n n, 1 s s City, State, Zip Code: k (c, n n pA-o c c- k Phone Number: (� p c�� cr[ (�o _ Q,6 E-mail: ,(-L� a,-�� r�% Sio nb and �mai�•cs yl 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 attorneys 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. hisurance. A. The Artist shall procure and maintain in full force throughout the dam` j� of the Agreement comprehensive commercial liability insurance with a minimum coverage of $1,Ooo.oOir 1 or None Required (check 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. 8. Discrimination Prohibited. The Artist shall not discriminate against any employee, applicant for employment, or any person seeping the services of die Artist to be provided twder 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 O, ASH NGTON Signed: � By: Pint Name) Title: Director of Administrative and Commmnily ices Date: Recreation Mgr Initial ARTIST: Signed:_ By: r mt7R' A-�Isccao� (Print Name) Title: 0..,A-nj NU/Recreation/Music in the Park Page 3 of 4 City of Pasco, Washington Performing Artist Services EX BIT A INVOICE For performance at: Volunteer Park on Wednesday, July 25, 2018 Make check in the amount of: $500 Payable to: [ � 0 A _ L ; Lc.kwo 04GS T - ---- Social Security # or TIN #: (Required for payment) Signature bf Artist Date Please submit invoice to: City of Pasco, Recreation Division 525 N. 3" Ave. Pasco, WA 99301 NU/Recreation/Music in the Park Page 4 of 4 2018 CONTRACT FOR PERFORMING ARTIST SERVICES Between City of Pasco and _Cruise control This Agreement is entered into by and between the City of Pasco, city hereinafter referred to as "the City" and cruise.control whose primary residence is located at:.3705 W..opal.Pl., Pasco; WA 99301 Phone is: 509-16"887 and E-Mail is: lon.draney@hotrrall.com Washington, a noncharter optional municipal code here in after: referred to as "the Artist", 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 in Volunteer Park in Pasco, WA 3.5 hours in length, attendance open and free to the public. Day, Date, Year Wednesday, August 22, 2018 Start Time, Stop Time, Len qh of Performance Conan start time will be 5.00pm and Stop Time will be 8:30pm for a total performance time of 3.5 hours. Event Location: Volunteer Palk (Gazebo) located at 622 N. 3rd Ave., Pasco, WA 99301 Format/Type of Performance: 3.5 hour musical performance (two 10-15 minute breaks). All aspects must be family friendly. • 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 Parks & Recreation. • 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/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 Pa ment. The City shall pay the Artist a lump sum of $'7 Q___Ofor 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 Artist name: Cruise Control City of Pasco Address: 3705 W. Opal PI. 525 N.City, State, Zip Code: Pasco. WA 99301 Box ox 293 Third Ave. Phone Number: 509-366-0887 P.O.P.E-mail: lon.draney@hotmail.com Pasco, Washington 99301 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 attorneys 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 or None ReQuired❑✓ (check one) per occurrence/aggregate for personal injury and property damage. Such policy shall name the City of w/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. AssigEment 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. Dis ute 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 p_arty. 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 PASCO, W GTON ARTIST: Signed: A., Signed: By: A,) _ By: .G P A/ (Print Name) (Print Name) !!-r 1 Title: Director of Administrative and Community Services Title:_ t 70 �►cc�N �- ���rSAS-k;�� h„ e Date: _ -�z o r or Date: 3 Recreation Mgr Initial _FIL NU/Recreation/Music in the Park Page 3 of 4 City of Pasco, Washington Performing Artist Services EXHIBIT A INVOICE For performance at: Volunteer Park on August 22, 2018 Make check in the amount of $ 750 Payable to: CE Social Security # or TIN #: rO --5-0 74,1 (Required for payment) Signature of Artist Date Please submit invoice to: City of Pasco, Recreation Division 525 N. 3rd Ave. Pasco, WA 99301 N(J/Recreation/Music in the Park Page 4 of 4 2018 C'O!'TR A CT F0'11. PER FORI�flING' A>i11,>E T fil ",RVIC ?S lx 'tv,ven City (?r=)8j.;Vo :tet.' Cnhm;hia Dwn_rnj Ei��p!e C^rps This Agreement is entered irlto by and between the City of Pasco. Washington. a ncncharter optional municipal code city hereinafter referred to as "the City" and Columbia Drum and Bugle Corps here in after referred to as "the Artist". whose primary residence is located at: Po Box 4440. Pasco, WA 99302 Phone is: 800-673-i1137 and E-Mail is: executivedirector@columbiansdrummms.org 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: Sco a 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 Day, Date, Year Start Time, Stop Time, Length of Performance Event Location: Format/Type of Perfortance: Concert at Memonal Park in Pasco, WA one hour in length, attendance open and free to the public. Friday, June 22 2018 Concert start time will be 6 oopm and Stop Time will be 7 oopm for a total performance lime of I hour Memorial Park (Pavilion) located at 1595 W. Bonneville St., Pasco.WA 99301 1 hour musical performance (d needed). All aspects of performance are to be family rnendly • 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. Pa N/Recreation/Special Events/Contra Dance t U e 1 of 4 ll 111Ci'e it!`l' :11"Iv Linkl seen circlnl',stt'S'.' e h \'lllt' 61: ::tir llCCl' < colltrol It Aily tinic the I`1'4 rllis �1' r-'.servCs ihr I11C Prodti, elS discrct l(tn. li Artist callce Is I':'1'I t)I'll, e!Va; uitel' !il'U!nl")tl:'iial 1'cuiri. AiliSt is responsi l)iC I'or }ally ios'ses incurred by til Pr',ducer. 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 Pavment. The City shall pay the Artist a lump sum of $ 0.00 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 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 ei pasco-wa.gov Notices to the Artist shall be sent to the following address: Artist name: Columbian Drum & Bugle Corps_ Address: PO Box4440 City. State. Zip Code: Pasco, Wa 99302 Phone Number: 509-521-4175 E-mai 1: executivedireclor@columbiansdrumcorps.org 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 minimum cove� ej of: $1.000,000 � OR None Required LJ f ckeck nnef NUIRecreationiSpecial Events/Contra Dance Page 2 of per occurrence,'a^^renate f+ r personal Shur,, and prol)^rt}' C;;1P)aL's. Such holk;V Shall unine the l,'ll\' of I'a.`co its all additional named insured anti shall Inc!odc fi provls1t11Z 11 [11Z}I' ii:i',r cai1cclili'1''n Or redrlctlnn ill ll)C al)lount of said policy e+;Cept lij'<'•Il thi;ly (30) daF's 1;Hol writtcll li`lt!.:i t•. 1'?i i +' , . 7. eil_lln ill%n. 1 iliti J1L'rCCll)l' ?t IiliZ\• ; I amtfllit' f?e t'I'i11En 11Cd I?1' the !_ tiV '_'I\ini, to 1�ic Artist ten ( 10) day,, wrift(1 notice of the : If}' S intention to iei-min3te the sano . 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. 1 l . 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 RCN`' 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 ASC WAS IINGTON By:_ Title: Director of Administrative and Community Services Date: 4/14/18 Recreation Mgr- hriti e-p- ARTIST: !Pont Name) J Bv: Tom Zarate Title: Executive Director Date: 4/14/18 MYRecreation/Special ENents/Contra Dance Page 3 of'4