HomeMy WebLinkAboutOrlando Philharmonic Orchestra -2006 03 05
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MUSICAL SERVICES CONTRACT
THIS AGREEMENT is made this 5th dav of March, in the year of2006 by and between Citvof
Winter Sprine:s (hereinafter known as "PURCHASER") and The Orlando Philharmonic Orchestra, Inc.
(hereinafter known as "OPO") pursuant to the terms and conditions outlined herein.
I. PURCHASER hires OPO, and OPO agrees to provide musical services as outlined below.
Principal Concert Date MARCH 12.2006 .
Location
CENTRAL WINDS PARK. WINTER SPRINGS
Title: Winter Springs Holiday Festival
Ensemble: Orlando Philharmonic Orchestra
Event: Public Concert 6:00 PM to 8:30 PM
Instrument Petting Zoos: 5:30 PM to 6:30 PM - Central Winds Park
2.
Fee Compensation of$ 15.000.00 (CONFIDENTIAL FEE) shall be paid, by check to
The Orlando Philharmonic Orchestra. Inc. , OPO's authorized representative according to the Payment
Schedule attached hereto and incorporated herein as APPENDIX "A". Notice of cancellation of
event(s) covered herein less than 90 days prior to such events shall require full payment as outlined in
APPENDIX" A". PURCHASER agrees 1s 6SItlfJ61'1Sate OPO aclclitis1'I8ll) fer 8. ertiltle reh6arsal
c~t~ not to pyrppn If; 1. "00 00 "PO" receipt sf il'l. siec: t6 e6. el e63t3 a336eiatc:c1 .. itl. reheanal sf Matt
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3.
There shall be allowed an intermission at the sole, absolute, and unrestricted discretion of OPO.
4.
OPO will provide all musical services, instrument petting zoo, music, musician transportation, sound
engineer and reinforcement, orchestra tent, orchestra chairs and music stands and conductor podium
(unless available at venue), music stand lights (if necessary), stage crew and trucking in furtherance of
performing obligations covered by this Agreement.
5.
PURCHASER will provide, or cause to be provided at its expense: performance venue; publicity;
advertising; programs for said event(s); audience parking; convenient OPO parking; and electrical
power (as outlined below). In addition, at the following venues PURCHASER agrees to provide the
items outlined below.
Outdoor Venue: Level concert site for 40'x 60' tent (access 36 hours prior to event)(tent to be placed
so as not to face direct sunlight on musicians); ELECTRICAL preferred - female camlocks, minimum
four 20 amp circuits accessible; separate male and female rest rooms; access to venue 36 hours prior to
event. Site visit to be scheduled with OPO Production Manager to assess power options.
6. OPO may sell compact discs and assorted OPO souvenirs at event, and disseminate information about
its independent concert programs at said events provided that OPO will prepare such materials for
dissemination at no outlay of money or labor on Purchaser's part.
7. PURCHASER understands that OPO's obligations hereunder may be affected or prevented from being
performed by sickness, physical inability, accident, transportation failures, acts of God or nature, riots,
strikes or labor difficulties, epidemics, acts or orders of public authorities or any other cause which is
beyond the control ofOPO.
8. No provision of this Agreement may be assigned by either party, as this Agreement is predicated on
the artistic ability and reputation of the OPO and its personnel.
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9. OPO is not an employee or partner of, nor in ajoint venture with, PURCHASER. Neither party
assumes liability for the other's independent obligations assumed in order to carry out the provisions of
the Agreement.
10. OPO shall have exclusive control over the means and methods employed in fulfilling its obligations
hereunder in every respect and detail, subject to the date and time constraints as outlined above. As
long as OPO shall have substantially performed its obligations hereunder, dissatisfaction with OPO's
performance shall not relieve PURCHASER of the obligation to compensate OPO for is services.
II. This Agreement does not constitute an exclusive arrangement between the parties.
12. This Agreement may not be modified by the parties except by mutual agreement in writing which has
been executed by both parties.
13. This Agreement is governed by the laws of the State of Florida, and venue for any legal action
concerning this Agreement shall lie in Orange County, Florida.
14. In any legal dispute between the parties regarding any terms of this Agreement, the prevailing party
shall be entitled to reasonable attorney fees and costs, including those related to appeal.
15. The persons signing this Agreement on behalf of the parties warrant their authority to bind their
respective organizations.
16. PURCHASER warrants that it has, or will have funds for payment specified herein at the agreed time
and manner of payment, and that such funds shall not be otherwise pledged or compromised in any
manner whatsoever.
17. This is the complete Agreement of the parties and no prior contemporaneous or subsequent oral
modification will be effective to alter any of the terms hereunder.
18. Notices to either party are effective on mailing, U.S. postage prepaid, or faxing, to the addresses
below.
PURCHASER
By: R~N~
. ~/
Its: City MAnaqer
Authorized Representative
Its:
Authorized Representative
1126 E. S.R. 434
Address
812 East Rollins Street
Address
Winter Sprinqs, FL 32708
City, State, Zip
Orlando. Florida 32803
Phone: 327-5957 Fax:
Phone: (407) 896-6700 Fax: (407) 896-5512
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APPENDIX "A"
Payment Schedule / Invoice
PURCHASER agrees to make payment by check to: The Orlando Philharmonic Orchestra. Inc. according
to the following payment schedule in accordance with this Contract for Musical Servfces.
Non Refundable Deposit of 10% due upon execution of this Agreement $ NA
Balance Due March 12,2006
$
15.000.00