Laserfiche WebLink
agents and volunteers from any claim or lawsuit wherein it is alleged that Artist(s) <br />retained pursuant to this Agreement were not paid; not paid what was owed; or any <br />wage, hour or tax obligation which is alleged to have resulted pursuant to this <br />Agreement. <br />d. Contractor shall be paid a deposit of $25,000 upon execution of this Agreement. <br />e. Remaining balance shall be paid on the day of the event, subject to City accounting <br />procedures. <br />Contractor agrees that if for any reason, performer selected by Contractor and <br />approved by the City, is unable to perform at the scheduled City event or does not <br />appear, Contractor will immediately refund any monies paid to it for the <br />performer's services at the specified City event. Contractor will bear the sole risk <br />and responsibility of recouping any damages incurred by Contractor as the result <br />of performer failing to attend or being unable to attend. If the City and Contractor <br />can come to a mutual agreement regarding the services of an alternative performer <br />for the specified City event within a reasonable amount of time prior to the event, <br />Contractor will be obligated to repay only the portion of the funds previously <br />paid, in excess of the agreed upon fees for the alternative performer, if any. <br />g. Payment need not be made for work that fails to meet the standards of performance <br />set forth in the Recitals and Scope of Work, which may reasonably be expected by <br />City. <br />KNMENIlal.7W <br />This Agreement shall commence on the date first written above and terminate on <br />September 30, 2024, unless terminated earlier in accordance with Section 17, below. <br />4. RESERVED <br />5. INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor shall <br />it be construed to create an employer -employee relationship, a joint venture relationship, or to <br />allow the City to exercise discretion or control over the professional manner in which Contractor <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />provided by Contractor shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Contractor shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes. <br />Page 2 of 10 <br />