HomeMy WebLinkAboutContract 1622 'CCU
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Contract for Services
THIS AGREEMENT made effective as of the 16 day of July, 2015 by and between Samuel Eric
Davis,Sole Proprietor, hereinafter known as the "Specialist", and City of Cathedral City
hereinafter known as the "Client".
WHEREAS the Client desires to retain the Specialist to research, contact, and foster sponsorship
revenue and in-kind revenue for Special Events coordinated, designed, or produced by the City
of Cathedral City, as more particularly described below (the "Services"), and the Specialist
desires to be so retained and to perform the Services for the Client;
NOW THEREFORE the parties agree as follows:
1. Services
During the term of this Agreement,the Specialist shall provide the following services for Client:
a. Research, review, and collect a database of potential sponsors for events
b. Review and provide upon request the potential sponsor database with the
Communications/Special Events Manager prior to contact
c. Contact potential sponsors to pitch sponsorship levels for special events produced by
the Client
d. Assist in the development of collateral material promoting Client produced events
e. Make presentations to potential sponsors in accordance to the message approved by
the Client
f. Promote and generate revenue for all major festivals and events including but not
limited to:Taste of Jalisco;Seasonal Lights,Santa &Skating on Ice; Cathedral City Hot
Air Balloon Festival; and Cathedral City LGBT Days
g. Seek final approval of all potential sponsorship agreement with the Communications/
Special Events Manager prior to depositing any and all sponsorship payments.
h. Assist the Communications/Special Events Manager with the implementation and
understanding of each sponsorship agreement orchestrated by the Specialist.
2. Term
This Agreement shall be valid between the parties for the period of August 3, 2015 until
November 3, 2015. After said term expires eachparty shall have the opportunity to review the
relationship and extend the term in mutually agreed upon successive terms.
3. Independent Contractor
It is understood and agreed that the Specialist is independent in the performance of this
Agreement,that the Specialist shall perform the Services under the control of the Client as to
the result of such activity only and not as to the means by which such result is accomplished
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f
and that the Specialist is providing Services on a part-time basis.The Specialist is not an
employee of the Client, and has no authority whatsoever to bind the Client by contract or
Agreement of any kind other than as expressly provided under the terms of this Agreement.
The Client shall not withhold federal or state/provincial income taxes or any other amounts
from the Specialist's fees payable hereunder.The Client acknowledges and agrees that the
Specialist shall act on behalf of the Client but will not be liable for payment of services,
collateral materials, and purchases placed on behalf of Client.
4. Compensation
Specialist shall provide his services at the following rates:
I. For services as described herein:
a. $500 monthly stipend to pay for expenses related to automobile mileage/upkeep,
incidentals for meeting with clients, personal phone expenses, and other personal office
expenses.
b. A fee equal to 20% (twenty percent) of cash revenue raised by the Specialist for the
purpose of funding Special Events produced by the City of Cathedral City. No
compensation will be given for In-Kind sponsorships.
c. Payments to be made in monthly installments with payment due upon execution of this
Letter of Agreement. Installments to be paid in equal monthly installments for the
duration of said agreement.
5. Services Provided by Client to Specialist
a. Access to a computer station at City Hall for up to 12 hours per week based on
availability and during normal business hours.
b. Computer account SponsorshipSpecialist @CathedralCitv.gov
c. Access to the Administrative Conference Room based on availability
d. Business cards utilized for the purpose of this contract only
e. Phone extension with voice mail capabilities
f. Copy services related to contract purposes only
g. Availability of collateral material related to contract purposes only
6. Additional Billable Projects
a. Only those to be named and approved of in writing.
7. Representations and Warranties
Specialist and Client each represents and warrants to the other that as of the date hereof,and
throughout the term of this Agreement:
a. It is duly organized,validly existing and in good standing in its jurisdiction of
incorporation and qualified to do business in each other jurisdiction where the nature of
its business makes such qualification necessary.
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b. It has all the necessary power and authority to execute and deliver this Agreement and
to perform its obligations under this Agreement.
c. This Agreement constitutes a legal, valid and binding obligation of such party,
enforceable against such party in accordance with its terms, except as such
enforceability may be limited by bankruptcy, insolvency, receivership, reorganization or
other similar laws affecting the enforcement of creditors' rights generally and by general
principles of equity.
d. No consent, approval or authorization from any third party is required in connection
with the execution, delivery and performance of this Agreement, except as such as have
been obtained and are in full force and effect.
e. The execution, delivery and performance of this Agreement by such party will not
constitute a violation of any law, rule, regulation, court order or ruling applicable to
such party.
8. Indemnification
Specialist and Client will indemnify and hold harmless each other's party, its directors, officers,
agents, employees, parent, subsidiaries, affiliates, successors and assignees from and against
any and all liability, causes of action, claims, and the reasonable and actual costs incurred in
connection therewith,which result from the breach of this Agreement by Specialist,or Client,
respectively,as the case may be,or its directors, officers or employees.
9. Term of Agreement
This Agreement shall cover a period lasting from period as described herein. During this term
this agreement is non-transferable and non-cancellable.
10. Governing Law
This Agreement shall be governed by and subject to California law.
11. Breach
In the event of any material breach of this Agreement by either party,the other party may give
notice, as provided herein,to the breaching party.This notice shall describe the breach. The
breaching party must cure such breach within thirty(30) days after receipt of notice, as
provided herein.
12. Miscellaneous
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a. This Agreement cannot be amended except in writing signed by authorized agents of
both parties hereto.
b. The failure of any party to exercise any rights under this Agreement shall not be deemed
a waiver of such right or any other rights.
c. If any part of this Agreement shall for any reason be found or held invalid or
unenforceable by any court or governmental agency of competent jurisdiction,such
invalidity or unenforceability shall not affect the remainder of this Agreement,which
shall survive and be construed as if such invalid or unenforceable part had not been
contained herein.
d. This Agreement contains the entire Agreement of the parties with respect to the
matters covered herein and supersedes all prior promises and Agreements written or
oral,with respect to the matters covered within without prior written consent of Client,
which shall not be unreasonably withheld,Specialist may not assign any of its rights or
obligations under or arising from this Agreement.
e. Nothing expressed or implied in this Agreement is intended or shall be construed to
confer upon or give any person or entity other than Specialist, and Client their
successors or assigns, any rights or remedies under or by reason of this Agreement.
f. In the event the Clients authorized agent terminates employment with the Client,and
the Clients successor deems not to use services provided by the Specialist,the Specialist
shall receive compensation for all outstanding fees,services and monthly retainer fees
due,within thirty days of this Agreements termination date.
IN WITNESS WHEREOF, each of the parties, by its representative, has executed this Agreement
as of the date first written above.
By: 60
Authorized Signature ("Client")
City of Cathedral City
By: ai)AAfal
Authorized Signature ("Specialist")
Samuel Eric Davis,Sole Proprietor
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