.. EXHIBIT "111 11 AGREEMENT FOR SERVICES PARTIES: THE CITY OF PORTLAND, OREGON, City Hall, 1220 SW Fifth Avenue, Portland, Oregon 97204 (City) WEST COAST CHAMBER ORCHESTRA, which shall be contacted through Marte Lamb, 615 SW Alder, Suite 304, Pnrtland, Oregon 97214, 236-5537 (Contr~ctor) RECITALS: 1. Multnomah County and the City of Portland have by agreement established the Metropolitan Arts Commission in order to promote the arts within the City of Portland and Multnomah County. The Commission has recommended to the City and the County that the services under this agreement will aid in promoting the arts. 2. West Coast Chamber Orchestra, presents itself to the City as an organization which has the experience and expertise to provide a series of quality music performances for the City of Portland and Multnomah County. 3. City desires to engage such services in order to promote the arts in the community and provide quality arts events for the citizens of Multnomah County and the City of Portland. AGREED: CONTRACTOR PERFORMANCE Contractor shall: 1. Provide a series of music performances for the City of Portland and Multnomah County. 2. Provide for all scheduling and preparation and comply with the Commission's request for timely information. 3. Provide for all publicity for these performances and acknowledge the support of the Metropolitan Arts Commission on all written and verbal statements concerning these performances including press releases, television and radio announcements, posters and programs. 4. Return evaluation form when project is completed. Page 1 - Agreement for Services - WEST COAST CHAMBER ORCHESTRA TIME OF PERFORMANCE: This agreement commences as of the 1st day of July, 1986 and continues through the 30th day of June 1987. COMPENSATION AND METHOD OF PAYMENT: 1. Such amounts as may become due to the Contractor by the City because of this contract shall be paid upon receipt by the City of a timely and properly executed requisition and report package as required. All payments are subject to post audit. Total payment shall not exceed $ 7,125.00 2. Upon receipt by the City of such a requisition and report package, the Contractor shall be entitled to 100% of the total eligible cost as determined by the City for the work accomplished hereunder to date. 3. In performance of this agreement, the Contractor agrees not to make any expenditures unless such expenditures are provided for in the budget (Exhibit"IIIII). 4. Payment schedule: The Contractor shall be reimbursed upon receipt of invoice(s) submitted to the Metropolitan Arts Commission in accordance with Exhibit "III". GENERAL PROVISIONS Contractor shall: 1. Acknowledge the support of the Metropolitan Arts Commission in all printed programs, publicity releases, and verbal announcements. 2. Coordinate time and place of performance(s) with the Metropolitan Arts Commission in writing in advance of the project. 3'. Shall cooperate with the evaluation and monitoring by the City and shall furnish a final report to the Metropolitan Arts Commission concurrently with the submission of the final invoice. 4. Subject to efficient delivery of all services under this contract, the Contractor can, whenever necessary, amend the 1 operating budget in Exhibit 11111 ; provided that the full cost does not exceed the amount stated in this contract, and provided that prior approval of any amendment to the budget by the City Commissioner in charge has been secured in writing. Such budget modification shall not be valid and shall not authorize expenditures until the original thereof, approved by the Contractor and the Commissioner in charge, has been filed with the contract in the Office of the City Auditor. Page 2 - Agreement for Services - WEST CO~.sT CHAMBER ORCHESTRA EARLY TERMINATION OF AGREEMENT 1. The City and Contractor, by mutual written agreement, may terminate this Agreement at any time. 2. The City, on thirty days written notice to the Contractor, may terminate this Agreement for any reason deemed appropriate in its sole discretion. 3. Either the City or the Contractor may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination, however, the party seeking the termination shall give to the other party written notice of the breach and of the party1s intent to terminate. If the party has not cured the breach within 15 days of the notice, then the party giving the notice may terminate the Agreement at any time thereafter by giving a written notice of termination. 4. In such event all finished or unfinished documents, data, studies, drawings, maps, models, photographs, reports or other items, materials, or documents prepared by the Contractor under this contract shall at the option of the City become its property and the Contractor shall be entitled to receive reimbursement for costs incurred in performance of all work satisfactorily completed prior to the termination date. ASSIGNABILITY The Contractor shall not assign any interest in this contract and shall not transfer any interest in this contract without prior written consent of the City. LEGAL PROVISIONS 1. The Contractor shall make payment promptly as due to persons supplying services for the prosecution of the work under this contract. The Contractor shall not permit any lien or claim to be filed or prosecuted against the City on account of labor furnished. 2. The Contractor shall hold harml~ss, defend, and indemnify the Metropolitan Arts Commission and the City of Portland, and their officers, agents, and employees, against all claims, demands, actions and suits, including all liability clafms brought against any of them arising from the Contractor1s work under this Agreement. 3. In the event Contractor uses employees or subcontractors or other persons in the performance of this Agreement, Contractor agrees to hold harmless, defend and indemnify the City and its officers, agents, and employees against any liability that may be imposed on them or for any claims or demands which result Page 3 - Agreement for Services - WP~T COAST CHAMBER ORCHESTRA from the Contractor's use of employees or subcontractors or other persons, including but not limited to workers' compensation claims, and to pay any damages which the City may incur as a result of such liability claims, or demands. 4. In connection with its activities under this Agreement, the Contractor shall comply with all applicable federal, state, and local laws and regulations. 5. This Agreement shall be construed according to the law of the State of Oregon. Any litigation between the City and the Contractor arising under ~his Agreement or out of work performed under this Agreement shall occur, if in the state courts, in the Multnomah County court having jurisdiction thereof, and if in the federal courts, in the United States District Court for the District of Oregon. 6. The Contractor is engaged as an independent contractor and will be responsible for any federal, state, and local taxes and fees applicable to payments hereunder. The Contractor and its employees are not employees of the City and are not eligible for any benefits through the City, including without limitation federal social security, health benefits, workers' compensation, unemployment compensation, and retirement benefits. CITY OF PORTLAND CONTRACTOR BY ~---:-----------Contractor - Title----------- Tax ID or Social Security No. Auditor of the City of Portland Business License Account No. Approved as to form: City Attorney Page 4 - Agreement for Serv; ces - 't\1EST COAST CHAMBER .oRCHESTRA EXHIBIT "III" BUDGET Reimbursement for music performances • • • • • • • • ~ . $7,125.00 'IOTAL $7,125."00 • Page 5 Agreement for Services - WEST COAST CHAMBER ORCHES'!RA EXHI BIT ilJJJ II AGREEMENT FOR SERVICES PARTIES: THE CITY OF PORTLAND, OREGON, City Hall, 1220 SW Fifth Avenue, Portland, Oregon 97204 (City) WILLAMETTE REPERTORY THEATER, which shall be contacted through­ Angela Pe1usi, 25 SW Salmon Street, Suite #211, Portland, Oregon 97204, 224-4491 (Contractor) RECITALS: 1. Mu1tnomah County and the City of Portland have by agreement established the Metropolitan Arts Commission in order to promote the arts within the City of Portland and Mu1tnomah County. The Conmission has recommended to the City and the County that the services under this agreement will aid in promoting the arts. 2. WILLAMETTE REPERTORY THEATER presents itself to the City as an organization which has the experience and expertise to provide a 1986-87 season of quality theatre productions for the City of Portland and Mu1tnomah County. 3. City desires to engage such services in order to promote the arts in the community and provide quality arts events for the citizens of Mu1tnomah County and the City of Portland. AGREED: CONTRACTOR PERFORMANCE Contractor shall: 1. Provide a season of theatre productions for the City of Portland and Mu1tnomah County. 2. Provide for all scheduling and preparation and comply with the Commission's request for timely information. 3. Provide for all publicity for these productions and acknowledge the support of the Metropolitan Arts Commission on all written and verbal statements concerning these productions including press releases, television and radio announcements, posters and programs. 4. Return evaluation form when project is completed. Page 1 - Agreement for Services - WILLAMETTE REPERTORY THEATER TIME OF PERFORMANCE: This agreement commences as of the 1st day of July, 1986 and continues through the 30th day of June 1987. COMPENSATION AND METHOD OF PAYMENT: 1. Such amounts as may become due to the Contractor by the City because of this contract shall be paid upon receipt by the City of a timely and properly executed requisition and report package as required. All payments are s~bject to post audit. Total payment sha 1,,1 not exceed $ 5,000.00 • 20 Upon receipt by the City of such a requisition and report package, the Contractor shall be entitled to 100% of the total eligible cost as determined by the City for the ~ork accomplished hereunder to date.