HomeMy WebLinkAboutMander, David Entertainment Contract 2021 08 19 DigiSign Verified: 09CA7F53-B56D-423E-A152-BB4785E9893F
ENTERTAINMENT CONTRACT
THIS ENW"IMNMENT CONTRACT, hereinafter referred to as "Contract", made
thissth day of ,2021,between the City of Winter Springs,Florida,a municipal
corporation organized and existing under the laws of the State of Florida, 1126 East State Road 434,
Winter Springs, Florida 32708, hereinafter referred to as "City", and David Mander,
hereinafter referred to as "Artist", whose address is 859 McCullough Avenue, Apt. 512, Orlando,
Florida 32803.
In consideration of the covenants and agreements contained herein, the City and the Artist
agree as follows:
1. Term. This Contract shall become effective immediately upon execution by both
parties hereto and shall terminate upon full completion of Artist's services required by this Contract
to the full satisfaction of the City.
2. Entertainment Services. The City hereby engages the Artist to perform musical
entertainment services at Trotwood Park (Pam Carroll Pavilion),701 Northern Way,Winter Springs,
Florida, 32708, on September 23, 2021 from 5:OOp.m. to 7:55p.m.,with one break from 6:20p.m. to
6:35p.m.,hereinafter referred to as"Performance",for the total amount of Two Hundred and 00/100
Dollars ($200.00.)
3. Compensation. The City will pay the Artist immediately upon completion of the
Performance.Payment checks shall be issued to the Artist.There shall be no additional compensation
due Artist for the services provided pursuant to this Contract unless expressly authorized in writing
and approved and executed by City and Artist.
4. Responsibilities of the City.The City will provide the non-exclusive use of the Pam
Carroll Pavilion for the Performance. The area of the Pam Carroll Pavilion to be utilized for the
Performance will be chosen at the sole discretion of the City. The City will rope off the Performance
area as the City deems appropriate.The City will provide a chair and drinking water for Artist.
5. Responsibilities of the Artist. The Artist is responsible for providing, securing and
safeguarding all necessary costumes, music, instruments, stagehands, electricians, lighting, sound
equipment and any other equipment or services required to accomplish the Performance. All
equipment and services used must be in good working order and compliant with federal, state and
local law. The Artist agrees that the City shall have the right to approve the general nature of the
Performance and agrees that it shall not use profanity,vulgarity, sexual harassment or connotations
of sexual depravity, racial slurs, or defamation of racial, religious or national groups in the
Performance.
6. Independent Contractor. It is mutually agreed and understood that the Artist is
furnishing the services hereunder as an independent contractor and not as an employee of the City,
and that the Artist shall be responsible for any and all tax liability for an independent contractor.
7. Press and Promotions. The City is hereby granted the right to include the Artist's
name, likeness, voice and biographical information in promotional literature, media and
advertisements for the Performance. The Artist agrees to furnish photographs, song clips, and such
other advertising or publicity materials to the City no later than two(2)weeks prior to the Performance
date. Except as expressly agreed to in writing by the City,the City's name,logos and seals shall not be
used by the Artist in connection with the promotion of the Performance covered by this Contract.
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8. Termination for Convenience. Notwithstanding any provision contained herein,
this Contract may be terminated by either party ten (10) days prior to the Performance upon written
notice.
9. Cancellation. Cancellation of the Performance less than ten (10) days prior to the
Performance:
a. By the Artist:If for any reason other than acts of God,riot,strikes,or sudden
serious injury or illness, it becomes necessary for the Artist to cancel the Performance, the
Artist shall immediately notify the City in writing of the cancellation and shall state the reasons
for the cancellation. Upon cancellation, the Artist shall be responsible for the reimbursement
of any costs already incurred by City in the promotion and/or production of the Performance.
If the City desires to reschedule the cancelled Performance,the Artist agrees to work with the
City to reschedule the cancelled Performance within ninety (90) days of the original
Performance date.
b. By the City:The City may cancel the Performance in the event of acts of God,
riot, strikes, bomb threats, natural disaster or any unforeseen occurrence which makes it
impossible or impractical for the City to provide the venue for, or otherwise precludes the
presentation of, the Performance. In that event, the Artist will not be entitled to payment.
Such cancellation shall not be deemed a breach of this Contract and shall not give rise to a
cause of action against the City.
Additionally,the City may cancel the Performance if the Artist is not ready(or cannot
reasonably be expected to be ready) to perform at the scheduled Performance time due to
delay, absence or illness of performing members, influence of intoxicating beverages or
controlled substances by the Artist or performing members (as determined by the City),or for
any other reason other than those described in Section 8.a. hereof. In such circumstances,the
Artist shall be deemed to have breached this Contract and the City may cancel the
Performance and pursue all remedies set forth herein.
10. Compliance with Laws. Artist agrees to comply with all existing federal, state, and
local laws and ordinances applicable to the Performance and to ensure compliance by all persons and
entities under the management or control of the Artist.
11. Breach of Contract.Failure of Artist to comply with any of the terms of this Contract
may,in the sole discretion of the City,be determined a breach of contract.Any anticipatory breach of
this Contract may, in the sole discretion of the City, entitle the City to cancel the Performance and
pursue all available remedies.Artist shall be liable to the City for all damages and other relief,including
but not limited to injunctive relief,in instances of breach of contract.
12. Waiver. Artist hereby waives any claims or causes of action of any nature against the
City and its officers, employees and agents, for any claim or cause of action related to this Contract.
The Artist agrees that the City and its employees,whether acting within or without the scope of their
authority or employment, shall not be personally liable to the Artist for any reason whatsoever. The
Artist agrees that this provision may be used by anyone as an absolute defense in any action brought
by the Artist or on the Artist's behalf.
13. Indemnification of City. The Artist shall release, defend, indemnify and hold
harmless the City and all of the City's officers, agents, employees and attorneys from and against all
claims,liability,loss and expense,including reasonable costs,collection expenses, attorneys' fees,and
court costs which may arise because of the negligent acts, errors, omissions, misconduct, or other
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fault,intentional or otherwise, in whole or in part(whether joint,concurrent,or contributing),of the
Artist, its agents, employees or persons under the management or control of the Artist in
performance or non-performance of its obligations under this Contract, including for copyright
infringement.The Artist recognizes the broad nature of this indemnification and hold harmless clause,
as well as the obligation to defend at its own expense or to provide for such defense,at the option of
the City, of any and all claims,liability loss and expense which may be brought against the City or its
employees, officers, or attorneys. In all events the City shall be permitted to choose legal counsel of
its sole choice, the fees for which shall be reasonable and subject to and included with this
indemnification provided herein. The Artist voluntarily makes this covenant and expressly
acknowledges the receipt of such good and valuable consideration provided by the City in support of
these contractual obligations in accordance with the laws of the State of Florida.This paragraph shall
survive the termination of this Contract.
14. Supplemental Addendum to Contract Relating to Infectious Communicable
Diseases. In addition to the Indemnity and Hold Harmless provisions as set forth in Section 13,
Artist further agrees,to the fullest extent permitted by law, to all provisions of the Waiver of Liability
and Hold Harmless Agreement(Infectious Communicable Diseases Including Covid-19) ("Infectious
Communicable Disease Waiver") attached hereto as a Supplemental Addendum to the Contract and
which is fully incorporated herein by this reference.Artist shall execute the Infectious Communicable
Disease Waiver along with this Contract.
15. General Terms.
a. Venue and Choice of Law. This Contract shall be governed by the laws of the State
of Florida. Venue of all disputes shall be properly placed in Seminole County,Florida. The parties
agree that the Contract was consummated in Seminole County,and the site of the special event(s)
is Seminole County. If any dispute concerning this Contract arises under Federal law, the venue
will be Orlando,Florida.
b. Entire Agreement. This Contract and any exhibits hereto represent the entire and
integrated Contract between the parties and supersede all prior negotiations, representations, or
Contracts,either oral or written,and all such matters shall be deemed merged into this Contract.
c. Construction.This Contract has been reached through mutual negotiation and shall
be deemed to have been drafted by both parties and shall not be construed in favor of one party
over the other by reason of drafting.
d. Severability. Should any portion of this Contract be determined illegal or void, said
determination shall not otherwise affect the legality or validity of the remainder of this Contract.
e. Changes and Modifications.Any change or modification to this Contract must be
in writing and signed by both parties.
f. Assignment. Neither party shall have the right to assign this Contract to another
person or entity without the prior written consent of the other party.
g. Attorney's Fees. Should any litigation arise concerning this Contract between the
parties hereto, the parties agree to bear their own costs and attorney's fees unless otherwise
provided herein.
h. Sovereign Immunity. The City intends to avail itself of the benefits of Section
768.28,Florida Statutes and any other statutes and common law governing sovereign immunity to
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the fullest extent possible. Neither this provision nor any other provision of this Contract shall
be construed as a waiver of the City's right to sovereign immunity under Section 768.28,Florida
Statutes, or other limitations imposed on the City's potential liability under state or federal
law. Nothing in this Contract is intended to inure to the benefit of any third party for the purpose
of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity
or by operation of law. This paragraph shall survive termination of this Contract.
i. Notices. All notices, requests, demands and other communications hereunder shall
be made in writing and hand-delivered, emailed or mailed with postage prepaid to the party
intended at the addresses set forth in this Contract.
j. Public Record. It is hereby specifically agreed that any record, document,
computerized information and program,audio or video tape,photograph,or other writing of the
Artist related,directly or indirectly,to this Contract,may be deemed to be a Public Record whether
in the possession or control of the City or the Artist. Said record, document, computerized
information and program,audio or video tape,photograph,or other writing of the Artist is subject
to the provisions of Chapter 119,Florida Statutes,and may not be destroyed without the specific
written approval of the City. Upon request by the City,the Artist shall promptly supply copies of
said public records to the City.
k. Time is of the Essence. The Artist acknowledges and agrees that time is of the
essence for the completion of the services to be performed under this Contract.
IN WITNESS WHEREOF, the Contractor have caused this Contract to be executed as of the
day and year first above written.We hereby accept and agree to the terms of this Contract.
CITY: ARTIST:
CITY OF WINTER SPRINGS, DAVID MANDER
FLORIDA
By: B : bawd�'11
Y' Y'
Shawn BA City Manager David Mander
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SUPPLEMENTAL ADDENDUM TO CONTRACT
WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
INFECTIOUS COMMUNICABLE DISEASES INCLUDING COVID-19
As a condition of the use of any CITY OF WINTER SPRINGS("CITY")Facilities and/or Property(collectively referred to as the"Facilities")
and in consideration of being allowed to use the Facilities and participate in programs,events and activities conducted by Artist(collectively
referred to as"Activities")thereon of any kind whatsoever, I, as the Applicant and Artist("Artist'), on behalf of the Artist,and any officers,
employees,agents,contractors,and guests under their supervision and control or for whom Artist has the capacity to contract,hereby acknowledge
and agree to the following:
1. The Artist understands that use of the Facilities includes possible exposure to illness from infectious communicable diseases including, but not
limited to MRSA,influenza,and the novel coronavirus("COVID-19"). Artist understands the hazards of infectious communicable diseases such
as COVID-19 and is familiar with the Centers for Disease Control and Prevention("CDC")guidelines regarding COVID-19.Artist acknowledges
and understands in particular that the circumstances regarding COVID-19 are changing from day to day and that,accordingly,the CDC guidelines
are regularly modified and updated,and Artist accepts full responsibility for familiarizing itself with the most recent updates about COVID-19
and any other infectious communicable disease. Artist further recognizes and assumes the risk that while the City has implemented sanitation
procedures for its Facilities,infectious communicable diseases and COVID-19 in particular may remain on surfaces for days,sanitation procedures
do not guarantee in anyway such disease is not present,and other individuals present within or upon the Facilities may be CO VID+or infected
with some other infectious communicable disease and Artist accepts the inherent risks associated therewith by entering the Facilities or engaging
in the Activities.
2. Notwithstanding the risks associated with infectious communicable diseases,including but not limited to those specifically set forth herein,which
Artist readily acknowledges,it hereby willingly chose to be in or on the Facilities and participate in Activities. Artist shall also provide its officers,
employees,agents,contractors,and guests such health advisories it deems appropriate to maintain safety,in its sole responsibility and discretion,
regarding communicable diseases and COVID-19 related to participating in the Activities at the Facilities,and Artist shall further take such health
and safety precautions that Artist deems appropriate, in its sole responsibility and discretion, to ensure the health and safety of itself, and its
officers,employees,agents,contractors,and guests who will be present at the Facilities and participate in Activities.
3. Artist acknowledges and fully assumes the risk of illness or death related to all kinds of infectious communicable diseases including,but not
limited to, COVID-19 arising from Artist conducting the Activities at the Facilities and hereby RELEASE, WAIVE, DISCHARGE, AND
COVENANT NOT TO SUE(on behalf of itself,and any officers,employees,agents,contractors,and guests under their supervision and control
or for whom Artist has the capacity to contract to the extent legally possible,on behalf of any others with whom Artist may come into contact and
allege that they became ill or contracted any infectious communicable disease including,but not limited to,COVID-19 due to Artist's and any of
its officer's,employee's,agent's,contractor's,and guest's presence in or on the Facilities and/or participation in the Activities),the CITY and the
City's elected officials,officers,attorneys,directors,employees,professional staff,agents,employees and assigns(the"RELEASEES")from any
liability related to any and all infectious communicable diseases including,but not limited to COVID-19 which might occur as a result of Artist
conducting the Activities at the Facilities.
4. Artist shall hold harmless the RELEASEES from and against any and all claims,demands,suits,judgments,losses or expenses of any nature
whatsoever(including,without limitation,attorneys'fees,costs and disbursements,whether of in-house or outside counsel and whether or not an
action is brought,on appeal or otherwise),arising from or out of,or relating to,directly or indirectly,the infection of any and all communicable
diseases including,but not limited to, COVID-19 or any other illness,property damage,injury or death alleged to have occurred on or in the
Facilities or arising out of the Activities.
5. It is Artist's express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives,and shall be deemed as a
RELEASE,WAIVER,DISCHARGE,AND COVENANT NOT TO SUE the above-named RELEASEES. This Agreement and the provisions
contained herein shall be construed,interpreted and controlled according to the laws of the State of Florida and Venue related to any legal action
related to the subject matter contained in this Agreement shall be Seminole County, Florida. ARTIST HEREBY KNOWINGLY AND
VOLUNTARILY WAIVES ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT.
ARTIST ACKNOWLEDGES THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT TO THE
AUTHORIZATION GRANTED BY CITY TO BE ON OR IN THE FACILITIES AND PARTICIPATE IN THE ACTIVITIES.
IN SIGNING THIS AGREEMENT,ARTIST ACKNOWLEDGES AND REPRESENTS THAT Artist has read the foregoing Wavier of Liability
and Hold Harmless Agreement,understands it and signed it voluntarily as Artist's own free act and deed;no oral representations,statements,or
inducements, apart from the foregoing written agreement, have been made; the undersigned is at least eighteen (18)years of age and fully
competent and authorized to contractually bind the Artist; and the undersigned executes this Agreement for full, adequate and complete
consideration fully intending to bind the Artist to the terms and conditions of this Agreement. Artist further represents this waiver and hold
harmless is not in lieu of,but rather in addition to,any other waiver,hold harmless,release or indemnification set forth in the City's Facility Use
Application and Agreement and the CITY's adopted Rules, Policies&Rates for Usage for All CITY Facilities. This Agreement is hereby
incorporated into and made a part of the Facility Use Application and Agreement if executed in conjunction herewith.
19th August 2021
IN WITNESS WHEREOF,I have signed this Waiver and Agreement on this day of 2021.
NAME OF APPLICANT.r tTIST: David Mander
SIGNATURE: David Mander/Artist
NAME/TITLE:
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