HomeMy WebLinkAboutRosman, MattAGREEMENT FOR SANDI M�A � ROSMMCITY OF SEBASTIAN.
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THIS AGREEMENT is made and entered into this 14 day of 'fA 71--4 2024, between
Matt Rosman Lwhose address is 440 Willow Tree Ln, Melbourne, FL 32940
(hereinafter referred to as "the Vendor') and the City of Sebastian, a municipality of the
State of Florida, whose address is 1225 Main St., Sebastian Florida 32958 (hereinafter
referred to as the "City"). Notices to the parties shall be directed to the parties at the
addresses set forth hereinabove.
WHEREAS, the City of Sebastian is hosting an event on the 20"' day of April
2024 known as the Earth Day & Arbor Day Celebration at Riverview Park 600 US-1,
Sebastian, FL 32958; and
WHEREAS, the City of Sebastian wishes to provide entertainment for the public
viewing at this event; and
WHEREAS, Vendor provides services in the nature of entertainment for events
such as the this; and
WHEREAS, the City desires to hire the Vendor to provide these services for the
City event described above; and
WHEREAS, the Vendor desires to provide such performance under the terms
and conditions set forth herein.
NOW THEREFORE, in consideration of the covenants contained herein, the
parties hereto agree as follows:
GENERAL PROVISIONS
Section 1. Vendor Obligations/Services:
Vendor agrees to provide the following services:
1. Provide music performance/sound production.
2. Provide adequate staff for event.
Section 2. City Obligations:
City agrees to provide the following services:
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1. Provide a location for the event: Riverview Park, 600 US-1, Sebastian, FL
32958.
2. Provide a stage on which the performances are to take place.
3. Payment terms: $125/hour of performance.
Section 3. Date and Time of Event:
The date and time of the event is as follows: Saturday April 20I" 2024 from 9
o'clock a.m. to 4 o'clock p.m.
Section 4. Compensation:
The total amount to be paid to the Vendor is $250. The amount will be payable
by check to the Vendor prior to the event, upon completion of setup. The parties
acknowledge that the fee for service is a flat fee and not based on ticket sales or
attendance capacity.
Section 5. Cancel latlons/Termination:
Event will be held without regard to weather, except for extreme weather
conditions (hurricanes, tornados, or the like.)
The parties agree that if Vendor violates the terms and conditions of this
Agreement, or violates any other applicable state, county or municipal ordinances, the
City shall have the option to immediately terminate this Agreement.
Section 6. Taxes:
The Vendor agrees to prepare and file all tax information required of a person
who hires an independent contractor and the Vendor agrees that he have sole
responsibility for the payment of any Federal or other taxes arising from the monies paid
by the City to the Vendor for the Performance.
Section 7. Independent Contractor:
For the purposes of this Agreement and any services rendered hereunder, it is
hereby understood and agreed that Vendor shall be an independent contractor and
shall not be classified as or considered, an agent or employee of the City of Sebastian.
The Vendor shall not be entitled to participate in group life or health insurance programs
or pension plans of the City and shall not be covered under any fringe benefits of the
City.
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The Vendor must make all legally required payments for Federal taxes, including,
but not limited to: Social Security and Federal Income Tax. The City will not provide
Worker's Compensation Insurance. It will be the responsibility of the Vendor to
purchase his own Worker's Compensation Insurance, as applicable.
Section 8. Severability:
If any of the provisions in this Agreement are determined to be void by a court of
competent jurisdiction, the remaining provisions shall remain in full force and effect.
Section 9. Controlling Law and Venue:
This Agreement shall be governed by and construed in accordance with the laws
of Florida and venue shall be in Indian River County, Florida.
Section 10. Authority to Execute:
The representative who is executing this Agreement on behalf of Vendor hereby
warrants and represents that she or he has the full power and authority to bind the
Vendor on whose behalf she or he is executing this Agreement and acknowledges that
she or he is making this representation and warranty with the understanding that the
City is relying thereon.
Section 11. Anti -Discrimination:
No discrimination by race, religion, sex, age or national origin will be permitted or
authorized by the City in connection with any aspect of the Performance.
Section 12. Non-AssignmenVModification/Additional Terms:
The Vendor will personally provide services at the Performance location as
designated by the City. Any assignation or subcontracting of the duties contemplated
under this agreement Is not acceptable without written prior approval of City.
Employees of the Vendor are not to be considered subcontractors nor assignors but
shall also be subject to all terms of this agreement.
Any modifications to this contract must be agreed to in advance and executed in
writing by a document of equal dignity by both parties.
All standard City of Sebastian policies, procedures, and standard contract
provisions shall apply and supersede to the extent of any conflict and can be found on
the City's website at:
https://www.cityofsebastia n.org/DocumentCenter/View/259/Purchase-Order-
Terns-and-Cond'Rions-PDF?bid Id=
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Section 13. Insurance/Indemnification:
The Vendor shall maintain during the term of this Agreement appropriate
insurance in compliance with City of Sebastian policies and shall indemnify, hold
harmless and defend the City of Sebastian and its agents and employees from all suits
and actions, including attorney's fees and all cost of litigation and judgments of every
name and description brought against the City as a result of loss, damage or injury to
person or property by reason of any act or failure to act by Vendor, its agents, servants
or employees.
Section 14. Public Records Notice per FS §119.0701 to Vendor/Contractor:
IF YOU HAVE QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO YOUR DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS:
CITY CLERK: JEANETTE WILLIAMS
1225 MAIN STREET
SEBASTIAN, FL 32958
(772)388-8215
JWILLIAMS@CITYOFSEBASTIAN.ORG
Vendor agrees to comply with public records laws, specifically to:
A. Keep and maintain public records required by the public agency to
perform the service.
B. Upon request from the public agency's custodian of public records,
provide the public agency with a copy of the requested records or allow the
records to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided in this chapter or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following completion
of the contract if the contractor does not transfer the records to the public
agency.
D. Upon completion of the contract, transfer, at no cost, to the public
agency all public records in possession of the contractor or keep and maintain
public records required by the public agency to perform the service. If the
contractor transfers all public records to the public agency upon completion of the
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contract, the contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
If the contractor keeps and maintains public records upon completion of the
contract, the contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the public agency,
upon request from the public agency's custodian of public records, in a format
that is compatible with the information technologysystems of the public agency.
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THIS AGREEMENT is made this G day of "� (/b Ares 2024 by and
between the parties as set forth herein and as identified below.
VENDOR
Signature
Name
ATTEST.-
nette Williams, City Clerk
Appr,Rvas to Form and Legality:
uo—el—
to ter Cockcroft, City Attorney
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V; I Signature
Printed Name: l J� t RocwIA4
,,Witnes nature
Printe�Name: f�/�,;.
CITY OF SEBASTIAN, FLORIDA
Tian a ton, City Manager