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HomeMy WebLinkAboutItem II - Founder's Day Entertainment AGENDA ITEM COVER SHEET Meeting Date: September 13, 2007 Item # II Contact Name: Contact Number: Jeffrey Hayes 407 -905-3150 Reviewed By: Department Director: City Manager: SUBJECT: Approval to enter into Contract for the head for the 2007 Founder's Day Celebration. Background Summary: The headline entertainment for the 2007 Founders Day Celebration will be Blake Shelton and the contract for Mr. Shelton's services has been negotiated at $32,500. Issue: Should the City Commission authorize the City Manager to enter into the contract to retain Blake Shelton for the 2007 Founders Day Celebration. Recommendations Staff recommends that the City Commission authorize the Mayor to execute a contract with Blake Shelton for the 2007 Founder's Day Celebration at a cost of $32,500. Attachments: William Morris Agency, LLC Contract Financial Impact: Funds will come from the City's Founder's Day Account and Sponsorships. Type of Item: (please mark with an 'X') Public Hearing Ordinance First Reading Ordinance Second Reading Resolution _ Commission Approval Discussion & Direction For Clerk's DeDt Use: _____ Consent Agenda _____ Public Hearing _____ Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) N/A N/A N/A e )000( e ~ COpy WILLIAM MORRIS AGENCY, LLC TALENT AND LITERARY AGENCY 1600 Division St., Suite 300 - Nashville, TN - 37203 Telephone: 615.963.3000 - Facsimile: 615.963.3090 Rf:OI8rERf'O RIDER ATIACHED HERETO HEREBY MADE A PART OF THIS CONTRACT AMERICAN FEDERATION OF MUSICIANS AGREEMENT NO.2 THIS CONTRACT for the personal services of the musicians on the engagement described below is made MAR 1207, between 4WALLS ENTERTAINMENT~ ~alls, hereinafter referred to as "PURCHASER", anllBLAJm. ( hereinafter referred to as "ARTIST", whose services are furnished by Ten Point Tours, Inc., hereinafter referred to as "PRODUCER". It is mutually agreed between the parties upon all the terms and conditions herein set forth, including those on the reverse side hereof entitled "Additional Terms and Conditions," as follows: I. Place of Engagement: City Park Stark Lake Ocoee,FL Scaling: 4oo@ $ 10.00 9,600@ $ 0.00 Capacity: 10,000 Gross Potential: $4,000 Tax: 0.0??oo Net Potential: $4,000 (Not to exceed) FreeSbow Outdoor Show/Covered Stage Rain or Shine 2. DA TE(S) OF ENGAGEMENT: Sat OCT 20 07 - Ad Break: TBA + 400 "YIP" Seats sold at S I 0 TBA Local Support Heartland - pending - Blake Shelton Fireworks a. Number of Shows: I b. Time ofShow(s): 6:30 PM c. Length of Each Show: 60-75 minutes 3. BILLING: (In all forms of advertising) Artist shall receive 100% Equal Festival Billing 4. FULL PRICE AGREED UPON: $ 32,500 (Thirty Two Thousand, Five Hundred) FLAT GUARANTEE - Purchaser to provide and pay for sound and lights as required by Artist. - Artist agrees to a brief Meet & Greet for no more than twenty-five - 25 - VIP's at a mutually agreeable time. - Artist agrees not to perform at any publicly advertised engagement within a 150 mile radius, 60 days prior to this engagement. In the event Artist is confirmed to perform another publicly advertised engagement within the aforementioned radius, after this engagement date, Producer shall not authorize the advertising of such engagement until after this engagement date, or upon sell out of this engagement, whichever date is sooner. Purchaser shall provide and pay for all terms and conditions contained in Artist rider attached hereto. All Accommodation and Travel arrangements are subject to PRODUCER's prior approval. Merchandising Rate(usell) Merchandising Rate(neg) 0.2500 Artist sells. 10% on Recorded Merchandise. 5. All payments shall be paid by PURCHASER in US funds by CERTIFIED or CASHIER'S CHECK, or CASH as follows: a. $17,500 shall be paid to and in the name of PRODUCER's agent, William Morris Agency not later than SEP 20 07 b. The balance in the amount of $ 15,000 shall be paid to and in the name of the PRODUCER: Ten Point Tours, Inc. fJslo BLAKE SHELTON not later than immediately prior to the first performance. c. Earned percentages, overages and/or bonuses, if applicable, are to be paid to PRODUCER by CASH ONLY immediately following the last show. d. In the event the FULL PRICE AGREED UPON to be paid by PURCHASER DOES NOT include percentages or overages, and the actua1 gross box office receipts from the engagement exceed the gross potential as stated in Paragraph I. hereinabove, such amounts shall be paid in full to PRODUCER in CASH ONLY, immediately following the last performance. ADDITIONAL TERMS AND CONDITIONS CONTINUED ON PAGE TWO. IN WITNESS WHEREOF, the parties hereto have hereunto set their names and seals on the day and year first above written. ;w~;rr:::J1t1~ Lf~+~ 1201 Carol Avenue Ten Points Tours, Inc. by: Fed ID 20-4781655 Ten Point Tours, Inc. 40 Music Square West Nashville, Tennessee 37203 Aubumdale, Florida 33823 863-967-6525 20-4781655 Return all signed contracts to WILLIAM MORRIS AGENCY, LLC.; Attention Wilson 1176336 . - . (Page2of2) , 6. Whenever the tenn "Federation" is used herein it shaWn the American Federation of Musicians of the United States a~da. , Whenever the tenn "Local Union" Is used herein it shall mean the Local Union of the Federation with jurisdiction over the territory in which the etIIgagement covered by this contract is to be performed. 7. No perfonnance of the engagement shall be recon:led, reproduced, or transmitted from the place of performance, in any manner or by any means whatsoever, in the absence of a specific written agreement with the Federation relating to and pennitting such recon:Ilng. reproduction or trensmisslon. 8. It Is expressly understood by the parties hereto that neither the Federation nor the Local Union are parties to this contract in any capeclty except as expressly provided in 7 above. and therefore, neither the Federation nor the Local Union shall be liable for the performance of breach of any provision hereof. 9. A representative of the Local Union, or the Federation, shall have access to the pace of engagement covered by the contract for purposes of communicating with the ARTIST(s) perfonning the engagement and the PURCHASER. ADDITIONAL TERMS AND CONDITIONS: 1. PURCHASER agrees to fumish and pay for at Its own expense (a) on the date and at the time of the performance(s) above-mentioned aD that Is necessary for the proper presentation of the entertainment presentation. Including without limitation a suitable theatre. hal, or auditorium, weN-heated. ventilated, lighted. clean and in good order, stage curtains. propeIly tuned grend p1ano(s) and public address system In perfect working condition Including mIcrophone(s) In number and quality required by PRODUCER. dressing rooms. aU necesaary eIectrfclans and stage hands. aU lights, tickets, house programs. all licenses (including musical perfonnlng rights licenses). special police. ushers, ticket seIlere, tlckat takers, appropriate and sufficient advertising In the principal newspapers. (b) aU music royalties In connection with PRODUCER's use of music, and in addition, the costs of any muslclans (including Contractor) other than those fumished by PRODUCER as part of PRODUCER's regular company, (c) aU amusement taxes, (d) if PRODUCER so requires, all necessary f8c1lllles, electricians. stage hands and other personnel for lighting and dress rehearsals. and (8) all other items and personnel. including but not limited to any and all personnel. Including musicians, as may be required by any national or local unions, required for the proper presentation of the entertainment presentation hereunder, and any rehearsals therefore. except for those items and personnel which PRODUCER herein specifically agrees to furnish. PRODUCER shall have the right to name the local music contractor and to approve the musicians hired IocaUy. 2. In the event of sickness or of accldent to ARTIST, or if a performance Is prevented. rendered Impossible or infeasible by any act or regulation of any public authority or bureau, civH tumult, strike. epidemic. interruption In or delay of transportation services, war conditions or emergencles or any other similar or dissimilar cause beyond the control of PRODUCER, it Is understood and agreed that !hers shall by no claim for damages by PURCHASER and PRODUCER's obligations as to such performances shaM be deemed waived. In the event of such non-performance for any of the reasons stated In this paragraph, if ARTIST is ready, wiDing and able to perfonn, PURCHASER shall pay the full cornpensation hereunder, otherwise, the monies (if any) advanced to PRODUCER hereunder. shall be returned on a pro-rata basis. 3. Inclement weather rendering performance Impossible. Infeasible or unsafe shan not be deemed a force majeure event and payment of the agreed upon compensation shall be made notwithstanding. if PURCHASER and PRODUCER disagree as to whether rendition of performance(s) Is Impossible, Infeasible, or unsafe because of inclement weather, PRODUCER's datennination as to performance shall prevail. 4. In the event PURCHASER refuses or neglects to provide any of the items or to perfonn any of its obligations herein stated. and/or fails to make any of the payments as provided herein. PRODUCER shall have the right to refuse to perfonn this contract, shaM retain any amounts theretofore paid to PRODUCER by PURCHASER, and PURCHASER shall remain liable to PRODUCER for the agreed price herein set forth. In addition. if, on or before the date of any scheduled performance. PURCHASER has failed, neglected, or refused to perfonn any contract with any other performer for any other engagement, or if the financial standing or credit of PURCHASER has been Impaired or Is In PRODUCER's opinion unsallafactory, PRODUCER shall have the right to demand the payment of the guaranteed compensation forthwith. If PURCHASER feiIs or refuses to make such peyment forthwith, PRODUCER shaH have the right to cancel this engagement by notice to PURCHASER to that effect. and to retain any amounts theretofore paid to PRODUCER by PURCHASER and PURCHASER shall remain liable to PRODUCER for the agreed price hareln set forth. 5. The entertainment presentation to be furnished by PRODUCER hereunder shall recelw billing in such order, fonn. size, and prominence as directed by PRODUCER In all advertising and publicity Issued by or under the control of the PURCHASER. ARTISrs name of likeness may not be used as an endorsement or indication of use of any product or service nor In connection with any corporate sponsorship or tie-up, comrnercial tie-up or men::handlsing without PRODUCER's prior written consent. 6. PURCHASER shall not itself, nor shall it pennlt others to record. broadcast or televise. photograph of otherwise reproduce the visual and/or audio performances hereunder, or any part thereof. 7. PRODUCER shan have the excluslw right to seI souvenir programs, baRet books, photographs, records and any and all types of merchandise including, but not limited to, articles of clothing (i.e. T-shirts. hats, etc.), posters, atIckers. etc., on the premises of the place(s) of performance without any perticlpation in the proceeds by PURCHASER subject. however, to concessionaire's requiramenta. if any. 8. Unless stipulated to the contrary in writing, PURCHASER agrees that PRODUCER may cancel the engagement hereunder without liability by giving the PURCHASER notica thereof at least thirty (30) days prior to the commencement date of the engagement hereunder. PRODUCER shall also have the right to tenninate this agreement without liability in the event PURCHASER fails to sign and return this contract within 10 days. 9. PRODUCER shall have exclusive control over the production, presentation and performance of the engagement hereunder including. but not limited to. the details, means and methods employed in fulfilling each obligation of PRODUCER hereunder in all respects. PRODUCER shall have the sole right, as PRODUCER may see fit, to designate and change at any time the perfonnlng personnel other than the ARTIST(s) speclfIcally named herein. 10. PURCHASER agrees (a) to comply prompUy with PRODUCER's directions as to stage settings for the performance(s) hereunder, (b) that no performers other than those to be fumlshed by PRODUCER hareunder will appear on or in connection with the engagement hereunder, (c) that no stage seats are to be sold or used without PRODUCER's prior written consent, and (d) that the entertainment presentation will not be Included in a subscription or other type of series without the written consent of PRODUCER. 11. It Is agreed that PRODUCER signs this contract as an Independent contractor and not as an employee. This contract shall not, In any way be construed so as to create a pertnershlp, or any kind of joint undertaking or venture between the perties hereto. nor make PRODUCER liable In whole or in part for any obligation that may be Incul'l'lld by PURCHASER In PURCHASER's carrying out any of the provisions hereof or otherwise. 12. Nothing in the agreement shaH require the commlssion of any act contrary to law or to any rules or regulations of any union, guild or similar body having jurisdiction over the services and personnel to be fumlshed by PRODUCER to PURCHASER hereunder. if !hers Is any conflict between any provision of this agreement and eny law, rule, or regulation, such law, rule or regulation shaH prevail and this agreement shan be curtailed. modified, or limited only to the extant necessary to eliminate such conflict. PURCHASER agrees to comply with an regulations and requirements of any union(s) that may have jurisdiction over any of the said materials, facilities and personnel to be fumlshad by PURCHASER. 13. In the event of any Inconsistency between the provisions of this contract and the provisions of any riders, addenda, exhibits or any other attachments hereto, the parties agree that the provisions most favorable to PRODUCER and ARTIST shall control. 14. PURCHASER hereby indemnifies and holds PRODUCER and ARTIST, as well as their respectlve agents, representstivas. principals. employees. oflIcers and directors, hannless from and against any loss, damage or expense. including reasonable attomey's fees. Incurred or suffered by or threatened against PRODUCER of ARTIST or any of the fotagolng In connection with or as a result of any claim for personal Injury of property damage or otherwise brought by or on behalf of any thln:l party person, finn, or corporation as e result of or in connection with the engagement, which claim does not result from the active nagligence of the ARTIST and/or PRODUCER. 15. William Morris AGENCY, LLC. acts herein only as agent for PRODUCER and Is not responsible for any act of commission or omission on the part of either PRODUCER. ARTIST. or PURCHASER. In furtherance thereof and for the benefit of Winiam Morris Agency, it Is agreed that neither PURCHASER nor PRODUCER win name or join WIlliam Morris Agenr:f as a party in eny civil ectIon or suit arising out of, In connection with. or related to any act(s) of commission or omission of PURCHASER. ARTIST, or PRODUCER. 16. This contract (a) cennot be assigned or transferred without the written consent of PRODUCER, (b) contains the sole and complete understanding of the parties hereto and (c) may not be amended, supplemented, varied. or discharged. except by an instrument in writing signed by both parties. The validity. construction and effect of this contract shall be govemed by the laws of the State of Tennessee. regan:lless of the place of performance. THE PERSON EXECUTING THIS AGREEMENT ON PURCHASER'S BEHALF WARRANTS HISlHER AUTHORITY TO DO SO. AND SUCH PERSON HEREBY PERSONALLY ASSUMES LIABILITY FOR THE PAYMENT OF SAID PRICE IN FULL. The tenns "PRODUCER" "ARTIST" and "PURCHASER" as used hareln shan include and apply to the singular, the plural, and to all genders.