HomeMy WebLinkAboutMeridian Symphony Orchestra AgreementPROFESSIONAL SERVICES AGREEMENT WITH
MERIDIAN SYMPHONY ORCHESTRA
This PROFESSIONAL SERVICES AGREEMENT WITH MERIDIAN SYMPHONY
ORCHESTRA (hereinafter "Agreement") is made this 2`%4day of March, 2018, by and between the
Meridian Arts Commission, through the City of Meridian, a municipal corporation organized under the
laws of the State of Idaho (hereinafter "City"), and Meridian Community Orchestra, Inc., a nonprofit
corporation organized under the laws of the State of Idaho, known informally as Meridian Symphony
Orchestra (hereinafter "MSO").
WHEREAS, the mission of the Meridian Arts Commission is to develop, advance, and nurture
all facets of the arts to enhance the quality of life for Meridian residents and its visitors;
WHEREAS, MSO is dedicated to enriching the cultural life of our community and region by
providing quality entertainment in a family -friendly, educationally focused environment; and
WHEREAS, the respective governing bodies of City and MSO find that these missions
complement each other and wish to work together to further the objectives of both by sponsoring the
remainder of MSO's season;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants
herein contained, and in consideration of the recitals above, which are incorporated herein, City and
MSO agree as follows:
I. SCOPE OF SERVICES.
In exchange for City's sponsorship as set forth herein, MSO shall:
A. Acknowledge MAC's contribution in public service announcements.
B. Recognize MAC from the podium at MSO's Rising Stars concert, on April 21, 2018.
C. Include MAC's name and logo on all MSO event tickets, flyers, and concert programs.
D. Provide MAC with space at MSO events to provide patrons with promotional materials.
H. COMPENSATION AND PAYMENT. Following MSO's provision of detailed invoice to City, City shall
pay MSO for services described herein in an amount not to exceed five hundred dollars ($500.00).
III. GENERAL PROVISIONS.
A. Notices. All notices required to be given by either of the parties shall be in writing and be deemed
communicated when personally served or mailed via U.S. mail, addressed as follows:
If to MSO: If to City:
David Stolhand Hillary Bodnar, Commissions & Committees Specialist
Meridian Community Orchestra, Inc. City of Meridian
P.O. Box 1016 33 East Broadway Ave
Meridian ID 83680 Meridian ID 83642
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein provided.
B. Compliance with laws; discrimination prohibited. In performing the scope of services required
hereunder, City and MSO shall comply with all applicable federal, state, and local laws. In
PROFESSIONAL SERVICES AGREEMENT wrrH MERIDIAN SYMPHONY ORCHESTRA PAGE I OF 2
performing services under this Agreement, MSO shall not discriminate against any person on the
basis of race, color, religion, sex, national origin or ancestry, age or physical handicap.
C. Time of the essence. The parties shall fulfill obligations described in this Agreement in a timely
manner, as set forth herein. The patties acknowledge and agree that time is strictly of the essence
with respect to this Agreement, and that the failure to timely perform any of the obligations
hereunder shall constitute a default of this Agreement.
D. Termination.
1. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited to:
an act or omission by either party which breaches any term of this Agreement; an unforeseeable
event which precludes the performance of the terms of this Agreement; or circumstances that
render performance by either party a detriment to public health, safety, or welfare.
2. Process. Either party may terminate this Agreement by providing fourteen (14) days' notice of
intention to terminate. Such notice shall include a description of the breach or circumstances
providing grounds for termination. A forty-eight (48) hour cure period shall commence upon
provision of the notice of intention to terminate. If the defaulting party successfully cures the
breach or circumstances providing grounds for termination, the terminating party shall signify
such cure by issuing written withdrawal of the notice of termination. If, upon the expiration of
such cure period, cure of the breach or circumstances providing grounds for termination has not
occurred, this Agreement shall be terminated.
E. Entire Agreement; approval required. This Agreement contains the entire agreement of the
parties and supersedes any and all other agreements or understandings, oral or written, whether
previous to the execution hereof or contemporaneous herewith. This Agreement shall not become
effective or binding until approved by the respective governing bodies of both City and MSO.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their
,duly authorized officers to be effective as of the day and year first above written.
MERIDIAN SYMPHONY ORCHESTRA:
BY:
D vid Stolhand, President
CITY OF MERIDIAN: Attest:
BY: ti
Tammy e eerd zGo� KGs . y Coles
Mayor ei Clerk
or o
W
i E IDIAN
m �o '
0 SEAL
PROFESSIONAL SERVICES AGREEMENT WITH N48RID[AN SYMPHONY ORCHESTRA PAGE 2 OF 2