HomeMy WebLinkAboutContract # : C17-0756 - PURELY DANCE PERFORMANCE TEAM - Execution Date: 8/3/2017re C17-0756
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PERFORMANCE AGREEMENT
Office of Special Events
This Performance Agreement ("Agreement") is entered into and effective this 3rd day of August
20 17 , by and between the City of Glendale, an Arizona municipal corporation ("City"), and Purely Dance
Performance Team, the Performer ®, Performer's Agent ❑, or Responsible Party ❑, ("Performer").
1. Performance: City engages the Performer to provide the type of entertainment as stated below:
Saturday, E. Lowell Purely Dance Dance Group 45 minutes
December 2, Rogers Performance Team
2017 7:00:00 Amphitheatre
PM
* Arrival time: one hour prior to
performance time.
* Access: Access to dressing room, if any, 45
minutes prior to performance time.
Performer shall be solely responsible for the set-up and removal of any necessary equipment or
props, including any connections and/or damage to the equipment.
2. Performance Group and Contact:
Performance Group:
Purely Dance Performance Team
Contact Name:
Jessica Ehlers
Address:
4236 West Bell Road Suite B1
City/State/Zip:
Glendale, Arizona 85308
Cell Phone:
(602) 5709986
E -Mail:
jessicaehlers@purelydance.com
3. City Contact and Notices.
Heidi Barriga
City of Glendale Public Facilities, Recreation
and Special Events
5750 W Glenn Dr
Glendale, Arizona 85301
623-930-3063
A copy of all notices shall be sent to:
City of Glendale
City of Glendale
City Manager
City Attorney
5850 West Glendale Avenue
5850 West Glendale Avenue
Glendale, Arizona 85301
Glendale, Arizona 85301
4. Insurance. Insurance Required ❑, No Insurance Required ®. Performer agrees to maintain general
liability insurance with a limit of not less than $1,000,000 for each occurrence while this Agreement is
in effect. Insurance shall name the City as an additional insured. Proof of insurance must be
provided to the City no later than the effective date of this Agreement.
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Indemnity. To the extent permitted by law, Performer agrees to defend, indemnify and hold
harmless City (its officers, officials, agents and employees) from any and all claims, actions, liabilities,
damages, losses or expenses, including attorneys' fees and costs ("claims"), arising out of the acts or
omissions of Performer or Performer's agents, employees, or authorized volunteers in connection
with performance under this Agreement. Tt is the specific intention of the parties that the City will,
in all instances, except for claims arising solely from the negligent or willful acts or omissions of the
City, be indemnified by Performer from and against any and all claims.
6. Release. To the extent permitted by law, Performer releases and discharges the City from any liability
for personal injury or property damage whatsoever connected with the performance(s) under this
Agreement. Performer understands that this release is a contract with legal consequences.
7. Non-performance. If the performance(s) under in this Agreement are prevented or interfered with
by weather or other circumstances that make it impractical or unfeasible to conduct or finish the
event, City will have no obligation to Performer.
8. Cop�ights. City has copyright agreements with BBI and ASCAP. Performer is limited to
performances licensed by the organizations above. Performer has the duty to verify the proper
licensure of music. Performer agrees to defend, indemnify and hold City harmless of any fees,
charges, penalties, or other costs that result from the performance of any materials subject to the
copyrights for which the appropriate permission has not been secured. Performer understands that:
performances at Glendale festivals are taped for broadcast on the City's cable station, Glendale 11,
and submitted to You Tube for the City's YouTube channel.
9. Independent Contractor. Performer is an independent contractor and not an employee of City.
Performer is responsible for paying all State and Federal and Social Security taxes and any applicable
royalties or fees.
10. Immigration Laws. Performer(s) or his/her/their agent warrant, to the extent applicable under
A.R.S. § 41-4401, that he/she/they have registered with and will continue to participate in the E -
Verify program established by the United States Department of Homeland Security and Social
Security Administration or any successor program; that he/she/they- warrant compliance with ali
federal immigration laws and understand that any breach of this warranty subjects Performer(s) and
their agent to penalties, including termination of this Agreement; and finally, understands that City
has the right to inspect the Performer(s)' or their agent's papers or of any of their employees
participating in this Agreement to ensure compliance with this paragraph.
11. Non-discrimination. Performer must not discriminate against any employee or applicant for
employment on the basis race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran
status or any disability. Performer will require any Sub -contractor to be bound to the sa-me:
requirements as stated within this section. Performer, and on behalf of any subcontractors, warrants
compliance with this section.
12. Jurisdiction/ Conflicts. This Agreement will be construed in accordance with the laws of the State of
Arizona. This Agreement is subject to cancellation for conflicts of interest under the provisions of
A.R.S. § 38-511.
13. Effective Date/Termination. This Agreement is effective as of the date of the effective date listed
above and terminates upon the conclusion of the performances required, inclusive of the removal of
all persons and equipment associated with the performance from City premises. This Agreement
may be terminated by either the City or Performer by providing no less than thirty (30) days written
notice to the other party. Notice must be provided by personal delivery or by United States Postal
Service, certified mail, return receipt requested and delivered or mailed to the addresses listed within
this Agreement.
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CITY OF GLENDALE:
Name: En'trunk
Title: Director
A_ T:
XiK.wer(SFALj M
;t- Clerk
APPROVED AS TO FORM:
Mi . Bail
City Attorney
PERFORMER:
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