HomeMy WebLinkAboutItem 09 Consideration to Authorize Staff to Enter into Contract Negotiations for Entertainment for Founder’s Day 2005 in an Amount not to Exceed $57,000.00
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AGENDA ITEM COVER SHEET
Meeting Date: April 19, 2005
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Subject: Should the Mayor and City Commission authorize Staff to enter into contract
negotiations for entertainment for Founder's day 20051
Item #
9
Contact Name:
Contact Number:
Johnny Farmer
X5001
Reviewed By:
Department Director:
City Manager:
Background Summary:
The headline entertainment is estimated to be over the $15,000 limit that necessitates City
Commission authorization for expending funds.
Issue:
Staff requests authorization to sign a contract for Sawyer Brown, Craig Morgan, Jason Aldean,
Gary Lewis and the Playboys, and Klassique. The fees will be payable the day of the show and will
be made with a combination of City funds and sponsorship dollars
Recommendations
Staff recommends approval from the City Commission to allow staff to book the headline talent for
this year's Founder Day, in an amount not to exceed $57,000.00
Attachments:
4Walls Entertainment Inc. Contract
Financial Impact:
Funds will come from the City's Founder's Account and Sponsorships.
Type of Item:
o Public Hearing
~ Ordinance First Reading
o Ordinance First Reading
o Resolution
o Commission Approval
o Discussion & Direction
For Clerk's DeDi Use:
~ Consent Agenda
o Public Hearing
o Regular Agenda
o Original Document/Contract Attached for Execution by City Clerk
o Original Document/Contract Held by Department for Execution
Reviewed by City Attorney .,/.. ~
Reviewed by Finance Dept. t::::::31 L.: In
Reviewed by ( )
o N/A
o N/A
o N/A
City Manager
Robert Frank
Commissioners
Danny Howell. District 1
Scott Anderson. District 2
Rusty Johnson. District 3
Nancy J_ Parker. District 4
Mayor
S_ Scott Vandergrift
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
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Johnny Farmer, Parks and Recreation Director
April 8, 2005
Founder's Day 2005 Entertainment
ISSUE
Should the Mayor and City Commission authorize staff to enter into contract negotiations for entertainment for
Founder's Day 2005?
BACKGROUNDIDISCUSSION
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 Sawyer Brown, Craig Morgan, Jason Aldean, Gary Lewis and
the Playboys, and Klassique. This fee is payable the day of the show and will be made with a combination of
City Funds and sponsorship dollars.
The Founder's Day Board has researched available talent and chosen the groups listed above to perform at this
year;s Founder;s Day
Staff recommends approval from the City Commission to allow staff to book the headline talent for this year's
Founder;s Day in an amount not to exceed $57,000.00
4WIllS Entertainment Inc.
1201 Carol Avenue
Auburndale, FL 33823
AGREEMENT
This Agreement, made and entered into this 21st day of FebruBIY, 2005, by and between CITY OF OCOEElFOUNDER'S DAY 2004, hereinafter
referred to as PURCHASER, and LEN WALLS 14W ALL'> ENTERTAINMENT, INC., a oorporation duly organizI:d under Ibe Laws oflbe
State of Florida, hereinafter referred to as ENTERTAINMENT PRODUCER
WITNESSEm:
That the consideration for this contract is the mutual promises and agreement of Ibe participating parties hereto, enumerated and detailed
hereafter and as follows:
The PURCHASER hereby agrees and contracts to engage the services and facilities of said ENTERTAINMENT PRODUCER to furnish said
PURCHASER an entertainment package, subject to the wilbin-described terms and conditions, and to pay said ENTERTAINMENT
PRODUCER the herein-stipulated price.
I. The ENTERTAINMENT PRODUCER agrees and contracts to pro<:ure and produce for said PURCHASER'S presentation a show,
entertainment, act or acts, known as:
OCOEE FOUNDER'S DAY MAIN STAGE ENTERTAINMENT
(Sawyer Brown, Craig Morgan, Jason Aldean, Gary Lewis and tbe Playboys)
2_ PLACE OF ENGAGEMENT:
City Park - StaJl<e Lake
Ocoee, Florida
3. DATE(s) OF ENGAGEMENT:
Friday, October 14, 2005
Saturday, October 15, 2005
Sunday, October 16, 2005
4. SHOW TIME(s):
5. TYPE OF ENGAGEMENT:
6. FOR mE PRICE OF:
2:00PM - 9: l5PM Individual Artists' times to be determined.
Outdoor stage show
Producer's Fee - $5,450.00 (An amount equal to Ten Percent of Talent Fees).
Talents' Fee - $54,500.00 (plus rooms, ground and back line for Gary Lewis and Ibe
Playboys).
All payments shall be paid by PURCHASER in U.S_ funds by CERTIFIED or Cashier's CHECK, CASH, or CITY CHECK, without any
deductions whatsoever as follows:
Produ= Fee checks made payable to: 4W ALLS Entertainment, Inc_
Talent Fee checks made payable to Artists aecording to contracts
7. UNDER THE FOLLOWING TERMS:
$3,000.00. Produ='s Fee Binder at once with signed agreement (4WALLS Entertainment, Inc.)- City Check
Balance ofProdu=Fee ($2,450.00) due October 16, 2005 (4WALLS Entertainment, Inc.) - City Check
Talent Fee deposits (if applicable) due per Artists' contracts, Balances due October 14, 2005 - City Check
8. COMMENTS:
. PURCHASER will provide stage, sound wings, electrical service, electrician, runner, dressing rooms (if necessary), load-in and
load-out labor, stage hands, spotlight operatorsltowers, tents, tables, chairs, sound, lights, catering. ground transportation,
necessary rooms, back line and security.
.PRODUCER will provide completed contracts and production riders for Headline and National Talent, Stage Manager and Produ=.
. ATfACHED RIDER MADE PART OF TIllS CONTRACf.
. INCLEMENT WEATHER DOES NOT ALTER TERMS OF lHIS CONTRACf,
If this is an outdoor engagement and inclement weather conditions, such as ruin, prevail, if act is expected to perform, PURCHASER must
furnish a well-covered stage thai doesn't leak in order for the ARTIST to perfonn, due to the fiIct that all instnnnents are electrical and amplified
and could 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 sbow, ARTIST shall, nevertheless, be paid the full contract price.
It is mutually understood and agreed that the additional terms and conditions on Ibe fullowing pages of this contract shall be regarded as being
incorporated berein and made a part hereof.
CITY OF OCOEE FOUNDER'S DAY
Purcbaser
LEN WALL'> 14W ALLS ENTERTAINMENT, INC.
Entertainment Produ=
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Signature
150 North Lakeshore Drive
Ocoee, Florida 34761
(407) 905-3100
120 I Carol Avenue
Aubumdale, Florida 33823
(863) 967~525
Phone 863-967-6525 - Fax 863-967-6735 - Cell 904-571-3939
;
4WIllS Entertainment Inc.
1201 Carol Avenue
Auburndale, FL 33823
COP"
AGREEMENT
This Agreement, made and entered into this 21st day of February, 2005, by and between CITY OF OCOEEIFOUNDER'S DAY 2004, hereinafter
referred to as PURCHASER, and LEN WALLS / 4W ALLS ENTERTAINMENT, INC, a corporation duly organized under the Laws of the
State ofFlorida, hereinafter referred to as ENTERTAINMENT PRODUCER
WITNESSETH:
That the consideration for this contract is the mutual promises and agreement of the participating parties hereto, enumerated and detailed
hereafter and as follows:
The PURCHASER hereby agrees and contracts to engage the services and facilities of said ENTERTAINMENT PRODUCER to furnish said
PURCHASER an entertainment package, subject to the within-described terms and conditions, and to pay said ENTERTAINMENT
PRODUCER the herein-stipulated price_
1. The ENTERTAINMENT PRODUCER agrees and contracts to procure and produce for said PURCHASER'S presentation a show,
entertainment, act or acts, known as:
OCOEE FOUNDER'S DAY MAIN STAGE ENTERTAINMENT
(Sawyer Brown, Craig Morgan, Jason AJdean, Gary Lewis and the Playboys)
2. PLACE OF ENGAGEMENT:
City Park - Starke Lake
Ocoee, Florida
3. DATE(s) OF ENGAGEMENT:
Friday, October 14, 2005
Saturday, October 15,2005
Sunday, October 16, 2005
4_ SHOW TIME(s):
2:00PM - 9: 15PM Individual Artists' times to be determined.
5. TYPE OF ENGAGEMENT:
Outdoor stage show
6_ FOR THE PRICE OF:
Producer's Fee - $5,450.00 (An amount equal to Ten Percent of Talent Fees)_
Talents' Fee - $54,500_00 (plus rooms, ground and back line for Gary Lewis and the
Playboys).
All payments shall be paid by PURCHASER in U.s. funds by CERTIFIED or Cashier's CHECK, CASH, or CITY CHECK, without any
deductions whatsoever as follows:
Producer Fee checks made payable to: 4W ALLS Entertainment, Inc.
Talent Fee checks made payable to Artists according to contracts
7. UNDER THE FOLLOWING TERMS:
$3,000_00 - Producer's Fee Binder at once with signed agreement (4W ALLS Entertainment, Inc) - City Check
Balance of Producer Fee ($2,450_00) due October 16, 2005 (4WALLS Entertainment, Inc.) - City Check
Talent Fee deposits (if applicable) due per Artists' contracts, Balances due October 14,2005 - City Check
8_ COMMENTS:
- PURCHASER will provide stage, sound wings, electrical service, electrician, runner, dressing rooms (if necessary), load-in and
load-out labor, stage hands, spotlight operators/towers, tents, tables, chairs, sound, lights, catering, ground transportation,
necessary rooms, back line and security.
-PRODUCER will provide completed contracts and production riders for Headline and National Talent, Stage Manager and Producer.
- AlTACHED RIDER MADE PART OF THIS CONTRACf.
- INCLEMENT WEATHER DOES NOT ALTER TERMS OF THIS CONTRACf.
If this is an outdoor engagement and inclement weather conditions, such as rain, prevail, ifact 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 could 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 of this contract shall be regarded as being
incorporated herein and made a part hereof.
CITY OF OCOEE FOUNDER'S DAY
Purchaser
LEN WALLS / 4W ALLS ENTERTAINMENT, INe.
Entertainment Producer
Signature
Signature
ISO North Lakeshore Drive
Ocoee, Florida 34761
(407) 905-3100
1201 Carol Avenue
Aubumdale, Florida 33823
(863) 967-6525
Phone 863-967-6525 - Fax 863-967-6735 - Cell 904-571-3939
-+
4WIllS Entertainment Inc.
1201 Carol Avenue
Aubumdale, FL 33823
CONTRACT RIDER
1. 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 PRODUCER'S 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, or
cancellation of concert by PURCHASER.
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 for tables, chairs
or space.
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