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HomeMy WebLinkAboutFindley, Colin - HTH Band - Entertainment Contract 2023 08 01THIS EN ERT. day of/AWLU poration organized and rater Springs, Florida Florida 32819. In consideration ee as follows: ENTERTAINMENT CONTRACT VIENT CONTRACT, hereinafter referred to as "Contract", made 2023, between the City of Winter Springs, Florida, a municipal ing under the laws of the State of Florida, 1126 East State Road 434, 8, hereinafter referred to as "City," and Colin Findley, a sole rred to as "Artist", whose address is 9355 Cypress Cove Drive, covenants and agreements contained herein, the City and the Artist 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 Central Winds Park, 1000 Central Winds Drive, Winter Springs, Florida, 32708, Winter Springs, Florida on October 28, 2023, from 5:35p.m. to 8:15p.m., with one break from 6:20p.m. to 7:30p.m., hereinafter referred to as "Performance", for the total amount of One Thousand and Two Hundred and 00/100 Dollars ($1,200.00). The Artist's musical entertainment services shall include performances by the group known as the "Think Big Band" (comprised of Michael Gironda, , Darren Goff, and ohn Pum hre fGe.NMv 3* ompensa ion e ity will pay the Ar> t immediately upon completion of the Performance. Payment check(s) 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. The Artist shall be solely responsible for any compensation due to the Think Big Band, its members, or otherwise in relation to musical entertainment services addressed by this Contract. 4. Responsibilities of the City. The City will provide the use of the stage during the Per'£ormance. The City will'provide sound and lighting for the Performance. The City will provide a chaI and drinking water on stage for Artist. The City will provide a non-exclusive area behind the stage; for the Artist both prisr to the Performance and during the 6:20p.m. to 7:30p.m. break noted 5. Responsibilities of the Artist. The Artist is responsible for providing, securing and safeguarding all necessary costumes, music, instruments, stagehands, electricians, 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, set ual 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. T 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 Oct advertising or publi date. Except as expressly used by the Artist in con: 8. Termina this Contract may be tert notice. 9. Cancella Performance: serious tnlury or 1111 Artist shall immedia for the cancellation, of any costs already If the City desires tc City to reschedule Performance date, materials to the City no later than two (2) weeks prior to the Performance ;ed to in writing by the City, the City's name, logos and seals shall not be ion with the promotion of the Performance covered by this Contract. foI Convenience. Notwithstanding any provision contained herein, ed by either party ten (10) days prior to the Performance upon written Cancellation of the Performance less than ten (10) days prior to the ie .Artist: If for any reason other than acts of God, riot, strikes, or sudden ess, it becomes necessary for the Artist to cancel the Performance, the ely notify the City in writing of the cancellation and shall state the reasons Upon cancellation, the Artist shall be responsible for the reimbursement , �curred by Ciry in the promotion and/or production of the Performance reschedule the cancelled Performance, the Artist agrees to work with the the cancelled Performance within ninety (90) days of the original b. By the City: The City may cancel the Performance in the event of acts o f God, or, 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, thej€;Performance. In that event, the Artist will not be entitled to payment. Such cancellation sall 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, the Think Big Band, or any of its membe s are 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 ft Section 9.a. hereof n such circumstances, the Artist shall be deemed to have breached this Contract and the Ci may cancel the Performance and pursue all remedies set forth herein. 19 10. Compliat laws and ordinances entities under the 11. Breach of C ay, in the sole discretion o is! Contract may, in the sc trsue all available remedies it'not limited to injunctive 12. Waiver. A City and its officers, emp] The Artist agrees that the authority or employment, Artst agrees that this pro - by the Artist or on the Ar with Laws. Artist agrees to comply with all existing federal, state, and �licable to the Performance and to ensure compliance by all persons and or control of the Artist. �ntract. Failure of Artist to comply with any of the terms of this Contract the City, be determined a breach of contract. Any anticipatory breach of e discretion of the City, entitle the City to cancel the Performance and Artist shall be liable to the City for all damages and other relief, including relief, in instances of breach of contract, hereby waives any claims or causes of action of any nature against the s and agents, for any claim or cause of action related to this Contract. and its employees, whether acting within or without the scope of their l not be personally liable to the Artist for any reason whatsoever. The z may be used by anyone as an absolute defense in any action brought behalf. fa 13. Indenuum less the City and all o s, liability, loss and ex costs which may ari; inw. tentional or other 1ir�ist, its agents, employe not limited to the membe obligations under this Cont nature of this indemnificati expense or to provide for ant expense which may b+ events the City shall be peg be treasonable and subject voluntarily makes this cove consideration provided by laws of the State of Florida 14. Supplernet Diseases. In addition to t Artist further agrees, to the and Hold Harmless Agreen Communicable Disease W� which is fully incorporated Disease Waiver along with 15. General Te a. Venue and Florida. Venue of all ree that the Contract Seminole County. If ll be Orlando, Floridr, b. Entire Agr integrated Contract bet Contracts, either oral o. C. Constructi` be deemed to have bee over the other by reaso d. Severabilit, idetermination shall not Ch �tion of City. The Artist shall release, defend, indemnify and hold the City's officers, agents, employees and attorneys from and against all ense, including reasonable costs, collection expenses, attorneys' fees, and because of the negligent acts, errors, omissions, misconduct, or other e, in whole or in part (whether joint, concurrent, or contributing), of the or persons under the management or control of the Artist, including but s of the Think Big Band, in performance or non-performance of its act, including for copyright infringement. The Artist recognizes the broad n and hold harmless clause, as well as the obligation to defend at its own is a defense, at the option of the City, of any and all claims, liability loss brought against the City or its employees, officers, or attorneys. In all Witted to choose legal counsel of its sole choice, the fees for which shall o and included with this indemnification provided herein. The Artist cant and expressly acknowledges the receipt of such good and valuable e City in support of these contractual obligations in accordance with the This paragraph shall survive the termination of this Contract. Addendum to Contract Relating to Infectious Communicable Indemnity and Hold Harmless provisions as set forth in Section 13, lest extent permitted by law, to all provisions of the Waiver of Liability t (Infectious Communicable Diseases Including Covid-19) ("Infectious r") attached hereto as a Supplemental Addendum to the Contract and ein by this reference. Artist shall execute the Infectious Communicable Contract. hoice of Law. This Contract shall be governed by the laws of the State sputes shall be properly placed in Seminole County, Florida. The parties �s consummated in Seminole County, and the site of the special event(s) iy dispute concerning this Contract arises under Federal law, the venue nt. This Contract and any exhibits hereto represent the entire and the parties and supersede all prior negotiations, representations, or en, and all such matters shall be deemed merged into this Contract. i. This Contract has been reached through mutual negotiation and sha Modifications. Any change or modification to this Contract must be parties. f. Assignmen 3 g. Attorney's Fees. Should any litigation arise concerning this Contract between the parties hereto, the parties agree to beat 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 the fullest extent possible. Neither this provision not 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 a 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 Artist has 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 OF WINTER SPRINGS, COLIN FINDLEY3 Nb� (20 ��i] i`)y4l .13 l`PTC'i��lN'(hI YYI F. �' P WAI INFE( As a condition of the use of any CITY and in consideration of being allowed referred'to' as "Activities") thereon of employees, agents, contractors, and gu( and agree to the following: 1. The Ar limited as CON and un( are regi and an, procedi do not with so in the / 2. Notwit] Artist r, employ regardii and saf 3. Artist limited COVE: or for v allege t its offi( City's E SUPPLEMENTAL ADDENDUM TO CONTRACT 2 OF LIABILITY AND HOLD HARMLESS AGREEMENT )US COMMUNICABLE DISEASES INCLUDING COViD49 WINTER SPRII�TGS ("CITY") Facilities and/or Property (collectively referred to as the "Facilities") use the Facilities and participate in programs, events and activities conducted by Artist (collectively land whatsoever, 1, as the Applicant and Artist ("Artist"), on behalf of the Artist, and any officers, under their supervision and control or for whom Artist has the capacity to contract, hereby acknowledge understands that use of the Facilities includes possible exposure to illness from infectious communicable diseases including, but not vIRSA, influenza, and the no'vei coronavirus ("COVID-19"). Artist understands the hazards of infectious communicable diseases such 19 and is familiar with the d,enters for Disease Control and Prevention ("CDC") guidelines regarding COVID-19. Artist acknowledges lands in particular that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines ]y modified and updated, and Artist accepts full responsibility for familiarizing itself with the most recent updates about COVID-19 her infectious communicabledisease. Artist further recognizes and assumes the risk that while the City has implemented sanitation for its Facilities, infectious communicable diseases and COVID-19 in particular may remain on surfaces for days, sanitation procedures rantee in anyway such disease is not present, and other individuals present within or upon the Facilities may be CO VID+ or infected other infectious communicable disease and Artist accepts the inherent risks associated therewith by entering the Facilities or engaging vities. riding the risks associated with infectious communicable diseases, including but not limited to those specifically set forth herein,, which ly acknowledges, it hereby willingly chose to be in or on the Facilities and participate in Activities. Artist shall also provide its officers, agents, contractors, and guests such health advisories it deems appropriate to maintain safety, in its sole responsibility and discretion, ommunicable diseases and GOVID-19 related to participating in the Activities at the Facilities, and Artist shall further take such health precautions that Artist deeri s appropriate, in its sole responsibility and discretion, to ensure the health and safety of itself, and its aployees, agents, contractors; and guests who will be present at the Facilities and participate in Activities. owledges and fully assun COVID-19 arising from �T NOT TO SUE (on beb� n Artist has the capacity to they became ill or contr•acti employee's, agent's, cont ed officials, officers, attorr ated to any and all infectio he Activities at the Facilil 4. Artist shall hold harmless the RELEA whatsoever• (including, without limitat: action is brought, on appeal or otherw' diseases) including, but not limited to, Facilities or arising out of the Activitie the risk of illness or death related to all kinds of infectious communicable diseases including, but not ist conducting the Activities at the Facilities and hereby RELEASE, WAIVE, DISCHARGE, AND �f itself, and any officers, employees, agents, contractors, and guests under their supervision and control ntract to the extent legally possible, on behalf of any others with whom Artist may come into contact and any infectious communicable disease including, but not limited to, COVID-19 due to Artist's and any of :tor's, and guest's presence in or on the Facilities and/or participation in the Activities), the CITY and the s, directors, employees, professional staff, agents, employees and assigns (the "RELEASEES") fron any communicable diseases including, but not limited to COVID-19 which might occur as a result of Artist ;S from and against any and all claims, demands, suits, judgments, losses or expenses of any nature ' attorneys' fees, costs and disbursements, whether of in-house or outside counsel and whether or not an arising from or out of, or relating to, directly or indirectly, the infection of any and all communicableV11349 or any other illness, property damage, injury or death alleged to have occurred on or in the 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 Ito!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. r 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 inducenjents, apart from the foregoingwritten 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 t e 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 thfacility Use Application and Agreement if executed in con nction herewith. IN WITNESS WHEREOF, I have sighed this Waiver and Agreement on this day of t �_, 2023. NAME OF AP] SIGNATURE: NAME/TITLE: i �7