HomeMy WebLinkAboutProfessional Service Agreement with Eric Hansen for Musical Talent for Storey Park Independence Day CelebrationJUL-02-200'9 02:04 PM CAMPUSCdPYa'78SU 208 334 2459 P. 02
~~
PROFESSIONAL SERVICES AGREEII+IENT
MUSICAL TALENT FOR STOREY PARK INAEPENDENCE DAY CELEBRATION 2009
This PROFESSIONAL SERVICES AGREEMENT _MUSICAL-TALENT FOR
STORE~~K INY)EPENDENCE DAY CELEBRATION 2009 (`.Agreement") is made this?r
day of ~ 009 {"Effective Date"), by and between the City of Meridian, a.munici al co
organized under the Iaws of the State of Idaho (Clt P rporatian
is 1427 Vermont Avenue, Boise Idaho "Nana r" Y )Cites and Manaa~m inJid~ b~ se address
{ Se ) ( Y S Y
collectively referred to as "Parties: ')
WHEREAS, City desires to provide outstanding recreational, entertainment, and special event
Opportunities Within the Meridian community, particularly as it relates to the corr~munity's celebration
of Independence Day;
WHEREAS, to this end, City, together with community partners, is planning an Independence
Day celebration in Storey Park, a public park held by City, located on the northeast comer of Main
Street and Franklin Road in Meridian, Idaho, which celebration will be held on July 4, 2009 ("Event");
WHEREAS, the .Parties mutually desire to present, as part of the Event, the music of M 4
Outfit, a musical group specializing in the vocal and instrumental performance of country fiddle music
("Performers");
NOW, THI+ BEFORE, 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, the Parties agree as follows:
I. ~~o~ o.~ SizR
Performance. Manager shall produce, and Performers shall provide, live music for the general
public from 1:00 p.m. to 2:00 p.m., on Saturday, July 4, 2009, in Storey Park, at 213 E. Franklin
Road, Meridian, Idaho. Music provided during this hour shall be continuous.
II. T
A. No monetary compensatlon. City's compensation for services rendered pursuant to this
Agreement shall be in-kind, in the form of publicity, exposure, and venue, rather than monetary.
B. Cancellation of event. Any decision regarding whether to cancel Performers' perPorr~nance
shall be made no earlier than thixty (30) minutes prior to each scheduled performance on July 4,
2009.
III. ENi7E
A. Storey Park. Performers shall perform on the outdoor stage on the east side of Starey Park,
213 E, Franklin Road, Meridian, Idaho, which is an. outdoor, open, public venue. Manager and
Performers shall be solely responsible for any and all measures necessary to protect their
equipment, instruments, and persons from damage due to weather and other conditions that do
PROF6S5ioNAL SERVICES A(3REEM~IT - ERtC HANSEN. 7ULY 4, 2009 STOREY PARK EYE3N'I' PAGIi 1 Of S
JUL-02-2009 02:04 PM CAMPUSCOPYa'18SU 208 334 2459 P. 03
.-.~..~~
or may exist. City shall not be responsible for damage or injury,
B. public venue. Manager acknowledges that the venue is a public place and that all members of
the public shall be invited to attend. To this end, Manager certifies that all Performers shall
perform such material and in such a manner as shall be appropriate for all ages, values, and
sensibilities. Performances, attire, and/or equipment shall riot include any language, graphics,
and/or behavior that is profane, sexual, violent, or discriminatory,
C. City policy applies. Manager and Performers shall comply wit]a~ all City policies and codes
applicable to use of City property and facilities, including, but not limited to, policies of the
.'Meridian. Parks and Recreation Department, and any requirements of the Parks and Recreation
Director and/or Recreation Site Supervisor, which requirements may be reasonable and for the
purpose of protecting City facilities and property.
D. Photography and recording. Matlager acknowledges that, given the public nature of the
venue, any and all persons shall be able and authorized to photograph, record, video tape,
reproduce, transmit, or disseminate, in or from the plaza, Performers' performances. City shall
not be responsible for the actions of persons not under its employment or control.
E. Merchandising. Manager and/or Performers shall be authorized to sell albums and/or
merchandising materials in connection with their musical performances, and may retain the
proceeds of such sales.
1Y.,,,T~RtKS ~iNn Colvni~t_
A. Time of the essence. Manager acknowledges that services provided under this Agreement
shall be performed in a timely manner. The Parties acknowledge and agt+ee 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 breach of, and a default under, this
Agreement by the party so failing to perform.
B. Prnmotion of even
l . Promotion by City. City shall promote Performers' performance in community
promotional materials and avenues, including the City website and local media and
event calendars.
2. Promotion by Manager. Manager and/or Performers may undertake additional
promotional activities at their own expense and ei~'ort, subject only to the limitations set
forth herein. City hereby conveys to Manager permission to use City's name in all
forms and media and in all manners, without violation of any right City tray possess in
connection with its role in the production of the Event, except that neither Manager nor
Performers may use City's logo in any manner whatsoever without theexpress, written
consent of the Mayor's Executive Assistant.
C. Subcontracting or assignment o~ obligations, Manager shall not subcontract or assign any
of his obligations under this Agreement related to or that may relate to Manager's or
PROI7BSS101VAL SERVICES AaF~M~HT -ERIC HANSEN. JULY 4, 2009 5'1'oREY PARK BVrsN7' PAGi~ 2 Of 5
JUL-02-2009 02:05 PM CAMPUSCf7PYa']8SU 208 334 2459 P. 04
Perf'ormer's artistic talent or technical expertise. Manager may subcontractor assign
obligations that do not require his artistic talent or technical expertise, including, but not
limited to, such obligations as transport and set-up of equipment and/or instniments. Any
subcontractor or assignee shall be bound by all the terms and conditions of this Agreement,
D. Non waiver of breach. A waiver of any breach or default of any provision of this
Agreement shall not be construed as a waiver of a breach of the same or any other provision
hereof.
E. Xndemniftcagon. Manager and Ferformers shall, and hereby do, indemnify, save, and ho]d
haxtnless the City and any and all of.its employees, agents, volunteers, and/or elected
officials from any and all losses, claims, and judgments for damages or injury to persons or
property, and from any and a111osses and expenses caused or interred by Manager and/or
Performers, their assistants, servants, agents, employees, guests, and/or business invitees, in
connection with this Agreement or activities related thereto
F. Waiver. Manager and Performers waive any and all claims and recourse against City,
including the right of contribution for loss and damage to persons or property arising from,
growing out af, or i:a any way connected with or incident to Manager's and/or Performers'
performance of this Agreement, whether such loss or damage may be attributable to known
or unknown conditions, except for liability arising out of concurrent or sole negligence of
City or its officers, agents or employees.
G. Relationship of Parties. Manager and Performers are independent contractors and are not
employees, agents, joint venturers, or partners of City, Nothing in this Agreement shall be
interpreted or construed as creating or establishing tpe relationship of employer and
employee between Manager and/or Performers and City or between Manager and/or
Performers and any official, agent, or employe of City. Manager and performers shall
retain the right to perform services for others during the term of this Agreement.
II. Compliance with law. Throughout the course of this Agreement, Manager and Performers
shall comply with any and all applicable federal, state, and local laws.
I. Nan-Discrimination. Throughout the course of this Agreement, neither Manager nor
Performers shall discriminate against any person as to race, creed, religion, sex, age,
national origin, sexual orientation or any physical, mental, or sensory handicap.
J. Entire Agreement. This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements, promises, or inducements made
by either party, or agents of either party, whether oral or written, whether previous to the
execution hereof or contemporaneous herewith. The terms of this Agreement may not be
enlarged, modified or altered except upon written agreement signed by both parties hereto.
K. Costa and attorneys' fees, if either party brings any action or proceedings to enforce,
protect or establish airy right or remedy under the terms and conditions of this Agreement,
the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as
determined by a court of competent jurisdiction, in addition to any other relief awarded.
PROFESSIONAI.,SERVICES AoREEMiSNT - ERIC HANSEN, JULY 4, 2009 STOGY PARK EV$NT PAGE 3 Of 5
JUL-02-2009 02:05 PM CAMPUSCOPYa'IESU 208 334 2459. P. 05
Yr. Agreement governed by Idaho law. ~'he laws of the State of Idaho shall govern the
validity, interpretation, performance and enforcement of this Agreement. Venue shall be in
the courts of Ada County, Idaho.
11~ Cumulative Rights and Remedies. All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the
exercise of any remedy provided for herein ar allowed bylaw shall not be to the exclusion
of auy other remedy.
N. Severabillty. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall
not bs affected,
O. Successors and Assigns. All of the terms, provisions, covenants and conditions of this
Agreement shall inure to the benefit of, and shall be binding upon, each party and their
successors, assigns, legal representatives, heirs, executors, and administrators.
P. Notice. Any and all notice required to be provided by either of the Parties hereto. unless
otherwise stated in this Agreement, sha11 be in writing and sha11 be deemed communicated
upon mailing by United States Mail, addressed as follows:
Ci
City of Meridian
Emily Kane, Deputy City Attorney
33 E. Broadway Avenue
Meridian, Naha 83642
Phone: (208) 89$-5506
Uxnail: ekane@meridiartcity.arg
ana er or Perf ere:
Eric I3ansen
1427 Vermont Avenue
Boise, II~ 83706
Phone: (208) 830-0411
Either party may change its address for the purpose of this section by ,giving written notice of
such change in the manner herein provided,
Q. City Councll approval xequired. 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 shat] not be construed as
proof of validity in the absence of Meridian City Council approval.
PROFESSIONAL SL~ittVICES AQREENIBNT - ERIC HANSBAI, JULY 4, 2Q09 STOREY PARK BVENT PgGE 4 Of 5
JUL-02-2009 02:05 PM CAMPUSCOPYa'18SU 208 334 2459 P. 06
IN WITNESS WHEREOF, the parties hereto have executed this Agreement oza the day
of ru1y, 2009.
MANAGER:
X
G Eric Han ,,~•~~~
fir''
STATE OF Idaho )
ss:
County Qf )
I HEREBY CERTIFY that on this day of ,
2009, before the undersigned, a Notary Public in the State of
Idaho, personally appeared Erlc Hansen, known to me uD be the
person who executed the said instrument, atxl acla~owledged to me
that she executed the same.
IN WITNESS WI~REOF. I have ~h~unto set my hand and affixed
my official seal, the day and year in this certificate first about written.
CITY Ok' MERIDIAN:
B'Y:
Tammy de
Attest:
aaycee ~
Mayor
City Clerk
Notary Public for Idaho
Residing at ,Idaho
My Commission Expires: .
~y ~ MERj~~~9
.~ '~
o
$~ii~1
PROFESSIONAL SBRVtcBS AOREBMENT -ERIC HAN58N, JULY 4, 2009 STOREY PARK 1~~iT PACII: 5 of 5