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Ordinance No. 5,820910321 --6 ORDINANCE NO. 5820 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH TEXAS SAFARI TO PROVIDE A PETTING ZOO AT THE CITY'S JULY 4TH CELEBRATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 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 the Texas Safari and authorizes and directs the City Manager and City Clerk of the City of Baytown to execute and attest to said contract for a petting zoo at the City's July 4th celebration. 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 TWO THOUSAND SEVEN HUNDRED FIFTY AND NO 1100 ($2,750.00) DOLLARS to the Texas Safari for a petting zoo at the City's July 4th celebration. Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 21st day of March, 1991. A EMMETT o. HUTTO, Mayor ATTEST A n EILEEN P. HALL, City Clerk -2"4 ACIO RAMIREZ, W, Assistant City Attorney 0 0:1:18 :5 TEXAS N" i2900 Dickinson Avenue *� Dickinson, Texas 77539 (713) 337 -2473 THIS CONTRACT for the personal services of musicians on the engagement described below is made this 18th day of Feb • 19-21 between the undersigned purchaser of music or services (herein called purchaser) and the undersigned musician or musicians. 1. Name and address of Place of Engagement Baytown 4th of July Celebration; Bi— Centennial Park & NaRKEt Sts., Baytown Name of Band or Group; PETTING 7.00/ SAFARI (TEXAS SAFARI) 2. Date (s) of Engagement Showtimes: _ 3. Type of Engagement 4th of 1911Y Celebration 4. Compensation Agreed Upon: $2750.00 flat rate to intju a Elephant En- rii s -Inji, and Carrel ride. Texas S the animals. amen s atta ed Client shall funish covered and enclosed a-rea of at least 900 s . feet. and all sawdust or wood shavings requested including ride area for camel. 5. Purchaser will Make Payments as follows: 375.00) oayabi p to Texas Solinds 12 p T s f r e. 1st day of show ( Deposit shall be paid prior to April 1 1991) 6. No performance on the engagement shall be recorded, re- produced or transmitted from the place of performance, in any manner or by any means whatsoever in f71a 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 musctan(s) ") and by the agent or agents Of each participating musician. S. Purchaser acknowledges and agrees that in executing this Agreement, TEXAS SOUNDS is acting solay 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 10 Purchaser in the event of any breach of this Agreement 9. ARTIST(S) agree to pay TEXAS SOUNDS a commission amounting to —% of gross pay, This amount Is to be $ 250, 4 on the Job hereby described above. 10. Resolutions 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 Jurisdtction In the State of Texas. Attorney's lees and costs shall be awarded to the prevailing party. fsm ri WW Slab Fa O#W Til rod Cwftwal IN WITNESS WHEREOF. the parties hereto set their names and seals on the day arid' year first written above. Irt ly Address: P.O. Box ttaYt um, TX. Telephone: 713 427 -7477 Booking Agent TEXAS SOUNDS 'Milli ii i = v Telephone: Address to which official Communicabons shall be sent to signatory Musician. This Agreement does not conclusively determine the person (fable to report and pay employment taxes and similar employer levies under the rulings of the U.S. Internal Revenue Service and some state agencies. WWTE -- PURCHASER YELLOW — . AT�STfS) PINK — AGENT Kan T9-TS PfiX" PA.41" G .111.19 Im. ` 18 1 h 0 ADDITIONAL REQUIREMENTS/ PETTING ZOO It 1. Client shall provide parking for all vehicles of Texas Safari as close to the zoo as possible 2. Client shall furnish all water, gas and electrical power required for the setting up, maintaining, and packing up of the petting zoo. Appropriate water, gas and power connections at the zoo location shall be made avdilable to Texas Safari by Client on or before the setup date. 3. Texas Safari's liability to Client, in the event circum- stances beyond Texas Safari's control prevent Texas Safari from provid.1,ug the patting zoo, shall be limited to the return of the net amount paid by Client to Texas Safari. Client specifically waives all rights to claim any other damages whatsoever. 4. Client shall provide adequate security 24 hours a day to protect Texas Safari's animals, property and personnel. 5. Texas Safari shall furnish all fencing required for the operation of the zoo. 6. Texas Safari shall furnish Client with a copy of Texas Safari's liability insurance. 7. Texas Safari shall have complete control of the sale of all animal feed and animal treats to be fed to the animals and shall have complete control of any photographing of the animals for whatever purpose. All proceeds from sales of feed, treats, or photographs shall belong to Texas Safari. Texas Safari and Client hereby agree that the preceding terms and conditions constitute the complete agreement of Texas Safari and Client and that any additional terms which may become part of this agreement shall be in writing, dated, and signed by both Client and Texas Safari. Client /Authorized Rep. Me M ,