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Home My WebLink AboutV (H) Approval and Authorization for Staff to Enter into Contract Negotiations for Entertainment for Founders Day 2003 for an amount not-to-exceed $41,500.00, and to execute Documents Agenda 5-06-2003 Mayor Center of Good toN� Commissioners Item V H S. Scott Vandergrift c Danny Howell, District 1 g r Q _ 1'' Scott Anderson, District 2 City Mana er .f �.J,4 �. Rusty Johnson, District 3 Jim Gleason / _ )��"( t Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Johnny Farmer, Parks and Recreation Director DATE: May 1,2003 RE: Founders' Day Entertainment ISSUE Should the Mayor and City Commission authorize staff to enter into contract negotiations for entertainment for Founders' Day 2003? BACKGROUND/DISCUSSION The headline entertainment is estimated to be over the $15,000 limit that necessitates City Commission authorization for expending funds. Staff requests authorization to sign a contract for Mountain Heart, The Bellamy Brothers, and Diamond Rio at a cost of$41, 500. This fee is payable the day of the show and will be made with a combination of City funds and sponsorship dollars. The Founders' Day Board has researched available talent and chosen the groups listed above to perform at this year's Founders' Day. RECOMMENDATION Staff request approval from the City Commission to allow staff to book the headline talent for this year's Founders' Day in an amount not to exceed $41,500. Cc: Jim Gleason, City Manager Wanda Horton, Finance Director Jean Grafton, City Clerk Michael Miller, Founders' Day Committee President 4WALLS Entertainment Inc. 1201 Carol Avenue - Auburndale, Fl. 33823 CONTRACT RIDER I. It is agreed and understood that should inclement weather render performance impossible or not feasible, PURCHASER shall nevertheless pay the PRODUCER full compensation as provided herein, as long as ARTIST is ready, willing, and able to perform. 2. In the event of sickness or of accident to ARTIST or if performance is prevented, rendered impossible or infeasible by any act or regulation of any public authority or bureau, civil tumult, strike, epidemic, interruption in or delay of transportation services, war conditions or emergencies or any cause beyond the control of the PRODUCER or ARTIST, it is understood and agreed that there shall be no claim for damages by either party to this contract and PRODUCERS and ARTIST'S obligation to such performance shall be deemed waived. In the event of such non-performance for any of the reasons stated in this paragraph, the monies advanced shall be returned. 3. To the extent permitted by law, PURCHASER indemnifies and 'agrees to defend and hold harmless PRODUCER, ARTIST, and their authorized representatives and employees from all liability, claims, demands, actions, damages, costs and expenses (including attorneys' fees)that may arise from damage or loss of property, or death or injury sustained by any persons because of this engagement. 4. PURCHASER agrees to acquire and maintain all insurance(including, without limitation, Worker's Compensation) required to cover its employees who are involved in the performance of its obligations pursuant to this agreement, such as stage hands, security personnel, sound and light operators, or any others deemed necessary by PRODUCER. 5. PURCHASER will be responsible for all security, parking, licenses and permits, taxes, health regulations, ushers, ticketing, advertising and promotion necessary for the performance of this event, insurance, adequate electrical power, electrician, venue rental, and private dressing area. 6. ARTIST shall have the right to sell merchandise at the engagement at no charge. 7. There shall be NO taping, recording (audio or video), filming or broadcasting of ARTISTS performance without prior WRITTEN consent from ARTIST. PURCHASER retains the right to document event with audio and video recordings. ACCEPTED AND AGREED TO ACCEPTED AND AGREED TO PURCHASER'S signature PRODUCER'S signature Date Date Phone(863)967-6525-Fax(863)967-6735-Cell(904)571-3939 OCOEE SIGNATURE BLOCK FORM WITHOUT NOTARY AND WITNESSES ATTEST: CITY OF OCOEE, FLORIDA By: Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 200 LEGALITY this day of UNDER AGENDA ITEM NO. , 200 . FOLEY & LARDNER By City Attorney 4WALLS Entertainment Inc 1201 Carol Avenue Auburndale,FI.33823 AGREEMENT This Agreement,made and entered into this 7t11 day of April,2003,by and between City OF OCOEEA-0UNDER'S DAY 2003,hereinafter referred to as PURCI IASER,and LEN WALLS 14W ALLS ENTERTAINMENT,INC,a corporation duly organized under the Laws of the State of Florida, hereinafter referred to as ENTERTAINMENT PRODUCER WITNESSETH That the consideration for thiscontf8ect is the mutual promises and agreement of the participating parties hereto,enumerated and+lailed Wnrvfmud as fullness: The PURCHASER hereby agrees and oontracts to engage the - and facilities f said ENTERTAINMENT PRODUCER to furnish said PURCHASER an entertainment package,subject o the within described terms and conditions,and to pay said ENTERTAINMENT EREAINMENT PRODUCER the herein-stipulated price. I.The[NEE R'FA INM EN F PRODUCER agrees and contracts to procure and produce for said PURCHASER'S presentation a show,entertainment, actor acts,known as: Mountain heart- The Bellamy Brothers- Diamond Rio 2.PLACE OF ENGAGEMENT: City l'ark-Starke Lake Ocoee,Florida 3-DATE(s)OF ENGAGEMENT: Saturday,October 18,2003 4 SHOW TINIE(s): Mountain Heart-one(I)60 minute show-4,45PM The Bellamy Brothers-one(I)60 minute show-6D0PM Diamond Rio-line(D 45 minute show-7:30PM 5.TYPE OF ENGAGEMENT: Outdoor stage show 6-FOR TI IE PRICE OF: S4,150.00(Four Thousand One hundred Fl by Dollars))-Producers Fee $4150000(Forty fAcTimoao(1 Five Hundred Dollars)-Talent Fee All payments shall be paid by PURCHASER in Il S.funds by CERTIFIED or Cashiers CHECK,CASH,or CITY CI ttCK,without any deductions whatoever as tollovs Producer Fee checks made payable to:4 W AI I S 0 terminment.Inc-Talent Fee checks made payable to Artist.accrosing to contracts 2.TINDER THE FOLLOWING'TERMS: - $207500(50%)Producer Fee at once with signed agreement(4WAI.S Entertainment,Inc.)-City Check - $2,075.00(Balance)Producer Fee due October 18,2003(4WALLS Entertainment,Inc.)-City Check - S41,500.00 Talent Fee deposits(if applicable)due September 18,2003.Balances due October 18,2003-City Check 8.COMMENTS: -PURCHASER will prouidc stage,sound wings,electrical service,electrician,runner,dressing rooms(if necessary),load-in anti load-out labor,stage hands,spulliyhr aperatoritow'ers,tents.tables,chairs,sound,lights.,catering and security. -PRODUCER will provide Headline and National Talent,Stage Manager and Show Producer.-ATTACHED RIDER MADE PART OF IHIS CONTRACT, INCLEMENT WGTIIER DOES NOT AL IER TERMS OF THIS CONTRACT. If this is an outdoor engagement and inclement weather conditions,such as rain,prevail,if act is expected to perform,PURCHASER must furnish a well-covered stage that doesn't leak in order for the ARTIST to perform,due to the fact that all instruments are electrical and amplified and coati create a hazard to the lives of the ARTIST and musicians.Should such inclement weather conditions occur during the performance,making it impossible to complete the show,ARTIST shall,nevertheless,be paid the full contract price. It is mutually understood and agreed that the additional terms and conditions on the following pages or this contract shall he regarded as being incorporated herein and made a part hereof CITY OF OCOEE FOUNDER'S DAY LEN WALLS/4W ALLS ENTERTAINMENT,INC. Purchaser Entertainment Producer Signature Signature 150 NomN Lakeshore Dmc 1201 Carol Avenue Ocoee.Florida 34761(4t19)905-3100 Auburndale,Florida 33823(863)967-M25 Phone 863-967-6525-Fax S63-96-6735-Cell 904-571-3939 OCOEE SIGNATURE BLOCK FORM WITHOUT NOTARY AND WITNESSES ATTEST: CITY OF OCOEE, FLORIDA By: Jean Grafton, City Clerk S. Scott Vandergrifl, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 200_ LEGALITY this day of UNDER AGENDA ITEM NO. , 200 . FOLEY & LARDNER By: City Attorney