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HomeMy WebLinkAboutPS24-2226 - Kilted Spirit PS24-2226 2441475.4 TOWN OF FOUNTAIN HILLS PERFORMANCE AGREEMENT THIS PERFORMANCE AGREEMENT (this “Agreement”) is entered into as of March 6, 2023, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), and the Contractor defined in Section 1 below, who will perform the Services defined in Section 2 below. 1. Contractor who will perform the Services: Taxpayer Name (as shown on your tax return): Colleen Collins Business Name (if different from above): Kilted Spirit Taxpayer ID No: 393-52-9085 Telephone/Cell Phone 623-910-0071 Address: 2731 W Steinbeck Circle City: Anthem State: AZ Zip: 85086 Check Box: x W-9 Submitted 2. Description of performance/event (the “Services”): THIS CONTRACT for the personal services of entertainers on the engagement described below, between the undersigned and Kilted Spirit, Inc. dba Colleen Collins Entertainer(s): Kilted Spirit (12:30pm-2:00pm) Number of Entertainers: Four Compensation: $1000 Balance due on the date of performance. March 16, 2024 Please make checks payable to Colleen Collins This contract cannot be CANCELLED or MODIFIED except by mutual written consent or in regard to item 6 below. This contract, and the terms and conditions contained herein, may be enforced by the Purchaser, and its agents, and by each entertainer who is a party to this contract or whose name appears on the contract or who has, in fact, performed the engagement contracted for (herein called "participating entertainer (s)") and by the agent or agent(s) of each participating entertainer. Special Instructions: Power/Electrical Requirements: one outlet Amplification comes with mic that may be used by group: Need at least 4 microphones Musician On site contact and cell #: Colleen Collins 623-910-0071 3. Term of Services: Beginning Date:3/16/24 Ending Date: 3/16/24 Hours:12:30pm-2:00pm Days/Frequency:______1 Day: Sat 4. Location where the Services will be performed: Fountain Park: 12925 N Saguaro Blvd, Fountain Hills, AZ 85268 PS24-2226 2441475.4 5. Payment: The Town shall pay One-Thousand Dollars ($1000) for the Services performed. Payment shall be made upon completion of the Services (Town may pay for services of vendor before the performance in order to allow for payment to subcontractors/musicians). * Town Policy: Invoices must be received by accounts payable at least 10 days before payment date. Check runs are done weekly on Wednesdays. 6. Cancellation: In addition to the cancellation provisions contained in the Town’s Standard Terms and Conditions referenced below, this Agreement may be cancelled by either party in writing to the other party if performance under this Agreement is prevented by reason of force majeure. Force majeure includes acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, floods, lockouts, injunctions- intervention-acts, failures or refusals to act by government authority, physical injury or an occurrence that is beyond the control of the party affected and occurs without its fault or negligence.**This cancellation policy excludes weather. Any event beyond the Town’s control which results in cancellation of the Performance/Event shall result in the vendor being paid only for time in planning/logistics and shall be invoiced clearly showing such in an itemized invoice By executing this Contract, the Contractor agrees (i) he/she has read the Town’s Standard Terms and Conditions, dated April 14, 2016, as set forth on the Town of Fountain Hills website (www.fh.az.gov/po-terms), which are incorporated into and become a part of this Contract as if set forth fully herein and (ii) the Contractor will have entered into a binding agreement and shall be bound by the Standard Terms and Conditions, dated April 14, 2016. _____________________________________ _______________________________________ Name Title (if entity) _____________________________________ _______________________________________ Department Director or Designee Town Manager or Designee ________________________________ Town Clerk Colleen Collins (Mar 15, 2023 09:15 PDT) Colleen Collins Manager