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HomeMy WebLinkAboutKerry Schulte - Agreement with Sound ContractorAGREEMENT WITH SOUND CONTRACTOR CITY OF YAKIMA This agreement is made this 51h day of April, 2013 by and between CITY OF YAKIMA, a municipal corporation, hereinafter referred to as the "Presenter," and the Contractor identified below (if more than one, listed on Addendum A attached hereto and included herein), hereinafter referred to. as the "contractor ". I. Recitals WHEREAS, Presenter is a municipal corporation with City Hall located at 129 North 2nd Street, Yakima, Washington 98908; and WHEREAS, Presenter desires to promote and conduct a performance entertainment event for the benefit of residents of, and visitors to, the City of Yakima, and to promote economic development within the city, and has established dates, times and locations for conducting such performances; and WHEREAS, Presenter desires to hire Sound contractor, as independent contractor(s), to provide the full sound production services generally described below (the "Performance "). II. Agreement WHEREFORE, in consideration of the mutual covenants, conditions and promises herein, the parties agree as follows: 1. Identification of Contractor (Names and addresses): Kerry Schulte 1106 Jefferson Avenue Yakima, WA 98902 2. Place for Contracted Performance: The place of performance is at: Performance Park — The NW Corner of North Second Street and East A Street in Downtown Yakima 3. Date(s) and Time(s) of Contracted Performance: 1 The dates of the performances will be every Friday from June 7, 2013 until August 30, 2013. The performance time will be 11:45 — 1:15 with no intermission. 4. Description of Contracted Performance: The Performance is generally described as: Free concert series, with food service and live music. 5. Agreement for Sound Enhancement Service: Contractor(s) agree to provide all sound enhancement services for the performances including set up and take down of public address system, sound checking of artist, hiring of stagehands as needed, contacting bands in advance of their performance to ensure individual sound requirements are met and that the show is ready to being promptly at 11:45 a.m. on the day of the event. 6. Compensation for Service: Presenter agrees to pay contractor or his agent an aggregate of $250 per concert DOLLARS ($250) for their service by check immediately following the Performance. The check shall be made payable to: Kerry Schulte 7. Excuse of Obligations: Presenter and contractor shall be excused from their obligations hereunder in the event of proven sickness, accident, riot, strike, epidemic, act of God or any other legitimate condition or occurrence beyond their respective control. 8. Taxes: Contractor(s) shall have sole responsibility for the payment of any applicable federal, state and local taxes arising from the monies paid by Presenter to contractor for the Performance. 9. Independent Contractor: Contractor acknowledge that they shall perform their obligations hereunder as an independent contractor and not as an employee of Presenter. Contractor(s) further acknowledge that they are not on Presenter's payroll and /or tax withholding rolls. 10. Parking: Presenter shall provide contractor parking space (s) for vehicles in a location of close proximity to and with direct access to any applicable backstage area where Performance will take place on the date(s) of Performance. This parking space will be reserved for contractor(s) for a period of four (4) hours prior to the Performance and ending three (3) hours following the Performance. 11. Stage: At its sole expense, Presenter shall furnish the stage and power to run the public address system. 12. Governing Law —Venue: This Agreement shall be construed in accordance with the laws of the State of Washington, and venue for lawsuit or action arising out of the performance or breach of this Agreement shall lie in Yakima County, Washington. N i. In Witness whereof, this Agreement is executed and effective on the date first above written. CITY CONTRAC r NO-��s ®�� RESOLUTION NO: Contractor By: IZCA--7 By: By: 3