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HomeMy WebLinkAboutProfessional Services Agreement - Live Music Generations PlazaPROFESSIONAL SERVICES AGREEMENT FOR PROVISION OF LIVE MUSIC AT GENERATIONS PLAZA This PROFESSIONAL SERVICES AGREEMENT FOR PROVISION OF LIVE MUSIC AT GENERATIONS PLAZA ("Agreement") is made this 3rd day of rYl , 2019 ("Effective Date"), between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and HardBrock, LLC, doing business as Deja Brew Laugh a Latte, a limited liability company organized under the laws of the State of Idaho ("Provider"). WHEREAS, the City desires that Generations Plaza serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Meridian Art Week, a celebration of the arts in Meridian; and WHEREAS, City and Provider mutually desire to present live music in Generations Plaza on September 6, 2019 ("Event") as part of Meridian Art Week; and WHEREAS, Provider is uniquely qualified to provide live music in Generations Plaza due to a pre-existing arrangement between Provider and a band known as Last Call Boise Band ("Band"); 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, City and Provider agree as follows: I. SCOPE OF PROVIDER'S SERVICES A. Production services. Provider shall provide to City the following services: 1. Provide all services necessary to provide live music in Generations Plaza on September 6, 2019, from 6 p.m. to 8 p.m. 2. Collaborate with Band to provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements. 3. Hire, manage, and pay Band. 4. Collaborate with City as needed or requested to facilitate Event. 5. Collaborate with City on a backup plan in case of inclement weather, and implement said plan if needed. B. Event specifications. Provider shall comply in all respects with each and all of the following specifications. 1. Unless otherwise agreed in writing or moved due to inclement weather, Provider shall provide Band to perform live music in Generations Plaza, 804 N. Main Street, Meridian, Idaho, on September 6, 2019, from 6 p.m. to 8 p.m. 2. All set-up, rehearsal, and/or sound checks at Generations Plaza shall be completed by 5:45 p.m. on September 6, 2019. 3. Provider and Band shall comply in all respects with state and federal law, all PROFESSIONAL SERVICES AGREEMENT FOR PROVISION OF LIVE MUSIC AT GENERATIONS PLAZA PAGE 1 Meridian City Council Meeting Agenda September 3, 2019 – Page 180 of 245 Meridian City Council Meeting Agenda September 3, 2019 – Page 181 of 245 Meridian City Council Meeting Agenda September 3, 2019 – Page 182 of 245 Q. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. R. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. S. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date as set forth above. PROVIDER: "ecyle HardBrock, LLC CITY OF MERIDIAN: 0A Attest PROFESSIONAL SERVICES AGREEMENT FOR PROVISION OF LIVE MUSIC AT GENERATIONS PLAZA PAGE 5