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HomeMy WebLinkAboutContract CAG-18-126 ENTERTAINMENT AGREEMENT FOR 2018 Renton's Fabulous 4th of July t oro . Between City of Renton and This Entertainment Agreement,which is a contract for professional services for the engagement described below,dated May 30, 2018, is made by and between the City of Renton and Robertson Witmer. 1. Name of Professional Service Provider: Robertson Witmer(hereinafter"Provider") Professional Service: Performance during 2018 Renton's Fabulous 4`h of July. 2. Name of Engagement:Renton's Fabulous 4th of July(hereinafter"Engagement") Location of Engagement: Gene Coulon Memorial Beach Park, Renton,Washington 3. Date(s)of Engagement: July 4,2018,Venue Gene Coulon Memorial Beach Park Performance time: 5:45pm- , b.M5 PIS Additional details: One sixty minute set of music If additional information is attached,check hereand describe attachment(e.g.,"Exhibit A"or "Attachment 1,"etc.): 4. Total compensation to Provider by City of Renton:$850.00. Check should be made payable to: Robertson Witmer. Check should be sent to the following address: 224 30th Ave East, Seattle,WA. 98112 5. City of Renton will make payment as follows:One hundred percent on July 4, 2018, if this Entertainment Agreement and (if necessary, as noted above)a Vendor Set-Up Form are completed and received by the City of Renton at least 30 days prior to such date. If this Entertainment Agreement and Vendor Set-Up Form are not completed and received by the City of Renton at least 30 days prior to the specified date, the City of Renton will issue payment within 30 days after receipt. 6. Arbitration of Claims: All claims and disputes which may arise between the City of Renton and Provider regarding the application or interpretation of any of the terms or conditions of this contract, including any disputes between the parties as to their respective obligation and responsibilities hereunder, shall be referred exclusively to binding arbitration in King County, before the American Arbitration Association and subject to its rules, or, by agreement to some other arbitration service such as JAMS or WAMS, and subject to that entities'arbitration rules. The prevailing party shall be entitled to reasonable attorneys fees and costs. 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 mode in which the service shall be accomplished. 9. Additional Provisions: a. The City of Renton's primary contact for this Entertainment Agreement is: Jennifer Spencer, Recreation Coordinator 425-430-6711 jspencer@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. 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. 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. The laws of the State of Washington shall apply to this Entertainment Agreement g. 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: � ' re •r+ + �rj Witmer Ke Beymer, don '-1:, , Community Services 224 300 Ave East City of Renton Seattle, WA 98112 1055 South Grady Way Renton,WA 98057 425-430-6617;kbeytner@rentonwa.gov Date signed:28 day of J u n e,201$ Date signed: 3 day of.'tit. / ,20... Entertainment Agreement 2 ..r www.toucans.net // info@toucans.net // 206/963-5332 .�• 224 30th Ave. East, Seattle, WA 98112 The Toucans Steel Drum Band is arou of four performers 9 p with acoustic instruments. No electricity or amplification is required. ,A1414 We require for our show: • Indoor or Outdoor performance space, at least 15'wide and 10'deep •Area must be flat and level (no sand, bark,or gravel) 40I‘ •A shady area or canopy(10'x 15')is required to protect the instruments from the sun. • Performance space to be available for set-up 30 minutes before showtime. This constitutes an agreement between The Toucans and: Name, Mailing Address, and Phone of Contact Person: Jennifer Spencer for City of Renton (425/430-6711) <jspencer@rentonwa.gov> Name,Address, and Phone of Performance Location: Gene Coulon Memorial Beach Park-Outdoor Stage 1201 Lake Washington Blvd N, Renton, WA 98056 Date: Wednesday, July 4th, 2018 Time(s), number&duration of sets: 5:45 -6:45 pm, one 60-minute set of instrumental music Compensation (Amount&Terms): $850.00 (eight hundred fifty dollars) payable by cash or check, due upon completion of performance. Checks to be made payable to Robertson Witmer, SS# 533-88-9895 In the event of cancellation by The Presenter without just cause,compensation will be 50%of the agreed upon fee. If cancellation occurs within 48 hours of the performance time,compensation will be 100%of the agreed upon fee. If the event is cancelled due to inclement weather,the Toucans will be paid in full. Inclement weather cancellation must be determined no later than 45 minutes after the scheduled time of performance. In the event of unavoidable accidents,sickness,Acts of God,etc., both parties shall be released from the terms of this contract and a new date, agreed upon by both parties,shall be negotiated. The Presenter agrees to provide one event meal for 4 persons, if applicable. The Presenter may not videotape or otherwise record this performance without previous written permission from the Toucans. The Toucans retain all rights to recorded performances. Both copies of this contract must be completed & signed by the Presenter. One copy of this contract must be returned to the Toucans as soon as possible. Without a signed contract we cannot hold your date! 05/30/18 signed for The Toucans Date signed for The Presenter Date