Agenda Packet_2023-08-29 - Laserfiche WebLink

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Page 3 of 11 Agreement and receipt of an invoice by the City, subject to City accounting procedures. h.Remaining balances for Artists’ performances shall be paid on the day of the event, subject to City accounting procedures. i.Contractor agrees that if for any reason, performer selected by Contractor and approved by the City, is unable to perform at the scheduled City event or does not appear, Contractor will immediately refund any monies paid to it for the performer’s services at the specified City event. Contractor will bear the sole risk and responsibility of recouping any damages incurred by Contractor as the result of performer failing to attend or being unable to attend. If the City and Contractor can come to a mutual agreement regarding the services of an alternative performer for the specified City event within a reasonable amount of time prior to the event, Contractor will be obligated to repay only the portion of the funds previously paid, in excess of the agreed upon fees for the alternative performer, if any. j.Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3.TERM This Agreement shall commence on the date first written above and terminate on September 30, 2023, unless terminated earlier in accordance with Section 17, below. 4.ROYALTY-FREE LICENSE The City shall have the right and royalty-free license to simulcast or produce and show a tape-delayed broadcast of the Artists’ performance to the City community or general public, through the internet or any other means. This license shall be non-exclusive and the copyright shall remain with the Artists. Copies of Artists’ performance may be maintained by the City, and Artists consent to use of such recordings. 5.INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. City Council 13 – 5 8/29/2023