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HomeMy WebLinkAboutContract CAG-19-216 ENTERTAINMENT AGREEMENT FOR SUMMER OUTDOOR CONCERTS Between City of Renton and SWAY Band, LLC. This Entertainment Agreement,which is a contract for professional services for the engagement described below, dated June 20,2019, is made by and between the City of Renton and SWAY Band,LLC,a limited liability company. 1. Name of Professional Service Provider:SWAY Band, LLC(hereinafter"Provider") Professional Service: Performance during Summer Outdoor Concerts 2. Scope of Engagement: Music Performance(hereinafter"Engagement") Optional:Additional details regarding Engagement: Provide a 90-minute music for an outdoor concert. If additional information is attached,check here: ❑ Please describe attachment(e.g.,"Exhibit A"or"Attachment 1,"etc.): N/A 3. Location of Engagement: Downtown Renton Parking Garage 655 S.Second Street, Renton,Washington 4. Date(s)of Engagement: August 1,2019; Venue: Downtown Renton Parking Garage Performance time(s):7:00 PM to 8:30 PM 5. Total compensation to Provider by City of Renton: $900.00 Check should be made payable to: SWAY Band, LLC Check should be sent to the following address:3023 1st Ave#203,Seattle,WA 98121 Note: If Provider is a new vendor to City of Renton, a City of Renton Vendor Setup Form must be completed and received by the City of Renton before payment can issue. 6. City of Renton will make payment as follows: One hundred percent on August 1, 2019, if this Entertainment Agreement has been fully executed; if a completed Vendor Set-Up Form is on file with the City and was received by the City at least 30 days prior to such date;and if Provider provides Engagement in compliance with this Entertainment Agreement. Otherwise, the City of Renton will issue payment within 30 days after receipt of the fully executed Entertainment Agreement and the completed Vendor Set-Up Form and if Provider provides Engagement in compliance with this Entertainment Agreement. 7. Insurance: The City of Renton may require Provider to provide evidence of liability insurance coverage,with the City of Renton being named as an additional insured, for activities that it deems may be a potential liability to the City. The City of Renton does not represent that any required minimum insurance,or waiver of such insurance,is adequate to protect Provider from financial liability created by Provider's acts or omissions. 8. Reservation: Subject to constitutional or other legal limits,the City of Renton reserves the right to specify the manner, means and details of the performance of services by Provider as well as the mode in which the service shall be accomplished. 9. Additional Provisions: a. The City of Renton's primary contact for this Entertainment Agreement is: Contact:Andy O'Brien, Recreation Supervisor Phone:425-430-6704; Email:aobrien@rentonwa.gov b. The City of Renton has the right to cancel the Engagement and/or this Entertainment Agreement due to inclement weather or for any other reason, in which case the Provider is not entitled to any compensation. c. Provider shall maintain all records relating to the Engagement and retain such records for as long as required by applicable Washington State records retention laws, but in any event no less than six years after the last date of the Engagement. Provider agrees to provide access to and copies of any records related to the Engagement as required by the City for audit purposes or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Entertainment Agreement. d. With respect to this Engagement, Provider is responsible for obtaining any and all required licenses or other required forms of permission before using any songs, other music, images, or other materials that are protected by copyright(s), publishing right(s), or any other related rights. e. Provider,and its agents or assigns,agrees to release,indemnify,defend,and hold harmless the City of Renton from any and all claims from any person or entity which may arise due to any act or omission,whether or not intentional,by Provider or anyone acting on Provider's behalf. e. The nature of the relationship between Provider and the City of Renton under this Entertainment Agreement shall be that of an independent contractor, not employee,consultant,or agent. f. To the extent a Provider-prepared attachment conflicts with the terms in the body of this Entertainment Agreement or contains terms that are extraneous to the purpose of this Entertainment Agreement,the terms in the body of this Entertainment Agreement shall prevail, and the attachment's extraneous terms shall not be incorporated herein. g. The laws of the State of Washington shall apply to this Entertainment Agreement. h. Provider and the City of Renton may execute this Entertainment Agreement in any number of counterparts, each of which shall constitute an original, and all of which together constitute this one Entertainment Agreement. This Entertainment Agreement contains the entirety of the agreement between the parties. No further agreements have been made between the parties. Signed by: I/teal / 1''%1 SWAY Band, LLC 3023 Kelly Beymer,Commu ity Services Administrator 1st Ave#203 Seattle, 1055 S Grady Way WA 98121 Renton,WA 98057 (425)430-6617 Date signed:4 day of July ,2019 kbeymer@rent nwa.gov Date signed: day of gLe-ff- ,2019 Entertainment Agreement l Page 2 of 2 Last Updated:06/14/2019