HomeMy WebLinkAbout25-134 - Contract - Talaya's Music - Performer State of the City25-134
Council Approval N/A
AGREEMENT FOR PERFORMING ARTIST'S SERVICES
THIS AGREEMENT is entered into by and between the City of Tukwila, Washington, a
non -charter optional code city hereinafter referred to as "the City," and Talaya's Music, hereinafter
referred to as "the Performer." The City and the Performer are individually a "party" and
collectively the "parties."
WHEREAS, the City has determined the need to have certain services performed for its
residents but does not have the resources or expertise to perform such services; and
WHEREAS, the City desires to have the Performer perform such services pursuant to
certain terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the
parties hereto agree as follows:
Performance Designation. The Performer is retained by the City to perform at the
Tukwila State of the City Address on April 2, 2025, beginning at 4:30 PM and ending at
8:30 PM at the Foster High School Performing Arts Center.
2. Duration of Agreement. This Agreement shall be in full force and effect through April 2,
2025.
3. Payment. The City shall pay the Performer at a rate of $200.00 for the full performance
and Services required under this Agreement.
4. Ownership and Use of Performance. All performances, artistic works, or products
produced by the Performer in connection with the services rendered under this Agreement
shall be the property of the City whether the performance for which they are made is
executed or not. The Performer shall be permitted to retain copies, including reproducible
copies, of performances, artistic works for information, reference and use in connection
with the Performer's endeavors. The Performer shall not be responsible for any use of
the said performances, artistic works, products, or other materials by the City on any
performance other than the performance specified in this Agreement.
5. Compliance with Laws. The Performer shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this
Agreement.
6. Indemnification. The Performer shall defend, indemnify, and hold the City, its officers,
agents, officials, employees and volunteers harmless from and against any and all claims,
injuries, damages, losses or suits (including attorney fees), arising out of or in connection
with the performance of this Agreement, except for injuries and damages caused by the
sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Performer and the City, its officers, officials, employees, and volunteers, the Performer's
liability hereunder shall be only to the extent of the Performer's negligence. It is further
Performing Artist Services
specifically and expressly understood that the indemnification provided herein constitutes
the Performer's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for
the purposes of this indemnification. This waiver has been mutually negotiated by the
parties. The provisions of this section shall survive the expiration or termination of this
Agreement.
7. Insurance. Waived.
8. Independent Contractor. The Performer and the City agree that the Performer is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Performer nor any employee of the
Performer shall be entitled to any benefits accorded City employees by virtue of the
services provided under this Agreement. The City shall not be responsible for withholding
or otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect
to the Performer, or any employee of the Performer.
DATED this 9th day of April, 2025.
CITY OF TUKWILA
Signed by:
Marty 71ne,i y c m.ihistrator
PERFORMER
ZSigned by:
Ta aya Logan
7440 Rainier Ave South Apt 5
Seattle WA 98118