Ordinance No. 5,04880623 -11
ORDINANCE NO. 5048
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT
WITH VINCE VANCE AND THE VALIANTS TO PROVIDE
PROFESSIONAL SERVICES FOR THE CITY OF BAYTOWN'S
INDEPENDENCE DAY CELEBRATION ON JULY 4, 1988; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby approves a contract with Vince Vance and the
Valiants and authorizes and directs the City Manager and City
Clerk of the City of Baytown to execute and attest to said
contract for professional services for the City of Baytown's
Independence Day Celebration on July 4, 1988. A copy of said
contract is attached hereto, marked Exhibit "A," and made a part
hereof for all intents and purposes.
Section 2: The City Council hereby authorizes payment of
FOUR THOUSAND AND N01100 ($4,000.00) DOLLARS to Vince Vance and
the Valiants for professional services for the City of Baytown's
Independence Day Celebration on July 4, 1988.
Section 3: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
City
1988.
INTRODUCED, READ and PASSED by the affirmative vote of the
Council of the City of Baytown, this the 23rd day of June,
ATTEST:
EILEEN P.- HALL, City Clerk
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ACIO RAMIREZ, jistant City Attorney
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(713) 337 -2473
TEXAS
TIIIS CONTRACT for the personal services of musicians on the `
engagement described below is made this day of
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called purchaser) and the undersigned musician or musicians.
1. Name and Address of Place of Engagement:
Name of Band or Group: G
2. Date(s) of Engagement: yp !
S'howt i.mes : o,n,
3. Type of Engagement: 10") ,e m e e 1 :�,,AO ar
4. Compensation Agreed Upon:
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5. Purchaser will Puke Payments as follow.
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6. No performance on the engagement shall be recorded, 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 Artist.
7. This contract, and the terms and conditions contained herein,
may be enforced by purchaser, and its agents, and by each
musician 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 musicians) ")
and by the agent or agent(s) of each participating musician.
8. Purchaser acknowledges and agrees that in excuting this Agreement, '
® TEXAS SOUNDS is acting soley as the agent of the ARTIST(S), that
TEXAS SOUNDS is not a party to this Agreement, and that TEXAS
® SOUNDS shall have no liability to Purchaser in the event of any
® breach of this :agreement.
EXHISIT A
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9. Resolution of controversies or claims: This agreement shall be
construed under the laws of the State of Texas and in the event
of any dispute therein, the dispute may be submitted to the Courts
of General Jurisdiction in the State of Texas. Attorney's fees
and costs shall be awarded to the prevailing party.
10. The performance or the ARTIS'T(S) pursuant to the terms of this
Agreement is subject to the occurance of any of the following
conditions;•death or sickness of the ARTIST(S) or family members,
® accidents, riots, strikes, acts of God, accidents to or mechanical ,
failure of transportation or any other event beyond the ARTISTS)
control rendering performance of this Agreement inpractical.
11. As to ARTIST(S) who arc a party to this Agreement and who are
members of the Americian federation of 1.lusicians of the United
States and Canada (hereafter "rederation "), the following pro- I
visions shall apply:.
a. It is expressly understood by the Purchaser and the Artists)
who `are parties to this Agreement in any capicity except as may
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be expressly provided in a speific written agreement, and therefore i
local union shall-be-liable-for the
neither the Federation nor the
performance or breach of any provision thereof.
b; A representative of the local union or the Federation shall
have access to the place of performance covered by this Agreement
for the purpose or communication with the ARTIST(S) performing
the engagement and the PURCIL1SER.
12. ARTIST is to be considered by ESTABLISHMENT as the client of
Texas Sounds. Any attempt to negotiate, book engagements, arrange
alternate dates, times, or fees shall be done coley through Texas
Sounds. Should ESTABLISIII•tENT violate this Provision, )Texas full Sounds
the
may choose to el6tt any of the following remedies;
amount of this contract shall be immediately due and owing, (2)
Texas' Sounds may get an injunction, or (3). take* any and all legal
remedies available.
13. Any return engagement within ONE YEAR uc TIiREE MONPI�IS are 'the pro-
perty of Texas Sounds. A fee of 15� of all monies paid to keep by
I;STADLI3II1il::NT will be due and owing Texas Sounds 15 days after
completion of any contractual period between ESTABLiSfIMENT and
ARTTST(S).
14. ARTIST(S) reserves the right to cancel this engagement by written
notification to the Purchaser•no later than 30� days'prior to
engagement for the purpose of television, or motion picture, or
Nevada Type engagement, or a major international or domestic type
tour without recourse.
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HJB'rT A
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15. This Agreemtent contains the entire understanding of the parties
and may not be altered, amended, modified or otherwise changed
except in writing signed by all parties.
THIS AGREEMENT IS NOT TO DE ADVERTISED Oil CONSIDERED BINDING UNTIL
DEPOSITS REQUIRED ARE R:;TURNED AIlD CONTRACT IS SIGNED BY BOTH PARTIES.
IN WITNESS WHEREOF, the parties hereto set their names and seals on
the day and year first written above.
BY AQ ,
Owncrr Agent �r
Telcphone:
Booking Agent: Texas Sound;
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Manager /Agent
Address: �9�O..D/ C1G /��So�✓ /9v�
Telephone:
Address to which official
Communications should be sent
to signatory Musician.
This Agreement does not conclusively determine the person liable .to
report and pay employment taxes and similar employer levies under the
rulings of the US Internal Revenue Service and some state agencies.
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