Ordinance No. 5,821910321 -7
ORDINANCE NO. 5821
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT
WITH DAVE TAPLEY'S TRIBUTE TO ELVIS TO PROVIDE
PROFESSIONAL ENTERTAINMENT AT THE CITY'S JULY 4TH
CELEBRATION; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE C'IT'Y C'OUNC'IL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby approves a contract with the Dave Tapley's Tribute
to Elvis and authorizes and directs the City Manager and City
Clerk of the City of Baytown to execute and attest to said
contract for professional entertainment 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
THREE THOUSAND EIGHT HUNDRED FIFTY AND N01100 ($3,850.00) DOLLARS
to Dave Tapley's Tribute to Elvis for professional entertainment
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.
ETT O. HUTTO, Mayor
ATTEST
w
EILEEN P. L ", City Clerk
ACIO RAMIREZ S ., Assistant City Attorney
0:1:18:8
TExAs
2900 Dickinson Avenue
Dickinson, Texas 77539
(713) 337 -2473
THIS CONTRACT for the personal services of musicians on the engagement described below Is made this I a th day
Of Feb • 19 91 between the undersigned purchaser of music or services (herein called purchaser) and the undersigned
musician or musicians.
I. Name and address of Place of Engagement
" lctoum
Name of Band or Group: DAVE TAPLEY' S TRIBUTE TO EiVIS
2 Dale (s) of Engagement Thursday, July 4, 1991
Showtimes: 7.10 PM to 8;30 EM
3. Type of Engagement: Concert
4. Compensation Agreed Upon: — X3850.00 plus 5–do jblp r
5, Purchaser wlll Make Payments asfollows: 50% deposit ($1925.00) due with sianing_of nn trnnt.
payable to Texas
6. No performance on the engagement shad be recorded, re- produced or transmined from the piece of performance, in any manneror
by any means wttatsoever 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 muscian(sl "I and by the agent or agents of each participating musician.
B. Purchaser acknowledges and agrees that In executing this Agreement, TEXAS SOUNDS Is acting coley as the agent of the
ARTIST(S), that TEXAS SOUNDS is not a patty to this Agreement, and that TEXAS SOUNDS shad have no liability to 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 $a4P
on the job hereby described above.
10. Resolutions of controversies or claims: This Agreement shall be construed under the laws of the Stale 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 tees and
costs shall be awarded to the prevailing party.
ISM %NN Sda For OMr Tarma and CadWbmI
IN Wf'rNESS WHEREOF, the parties hereto set their names and seals on the day and year first wrttten above.
Baytown Parks Dept. t,y. Dean Bicham Dave Taffy by: ging3o ir:Yur
Aialkt San erg
Owner/Agent 311111102prIAgent
Address: P.O. Box 424 Address: 2900 pickin.,f)n Ave_
BalIgm, _tx. 77522 Dickinson, Tx. 77539
Telephone: ( 713) 427- -7477 Telephone: ( 713) 337 -2473
Elooking Agent TEXAS SOUNDS
Address to which official Communications shall be sent to
signal" 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 U.S. Internal Revenue Service and some stale agencies.
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11. The performance of the ARTIST(S) pursuant to the terms of this Agreement is subject to the occurance of any of the following
conditions: death or sickness ofthe ARTISTS) or family members, accidents, riols, strikes, acts otGod accidents to or mechanical
failure of transportaflon or any other event beyond the ARTIST(S) control rendering perfomrartce of this Agreement impractical.
12 As to ARTIST(S) who are a party to this Agreement and who are members of the American Federation of Musicians of the United
States and Canada (hereafter "Federation ") the following provisions shall apply.
a It Is expressley understood by the Purchaser and the ARTIST(S) who are parties to this Agreement in any capactty except as
may be expressley provided In a specific written agreement, and therefore neither the Federation nor the local union shall be
gable for 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 of communication with the ARTISTS) performing the engagement and the Purchaser.
13. ARTISTS) Is to be considered by ESTABLISHMENT as the client of Texas Sounds. Any attempt to negotiate, book engagements,
arrange alternates dates, times, or fees shall be done solely through Texas Sounds. Should Establishment violate this provision,
Texas Sounds may choose to elect any of the following remedies; (1). the full amount of contract shall be immediately due and owing,
(2). Texas Sounds may get an injunction, or (3). take any and all legal remedies available.
14. Any return engagement within ONE YEAR b THREE MONTHS are the property of Texas Sounds. A fee of 15% of all monies paidto
keep by ESTABLISHMENT will be due and owing Texas Sounds 15 days after completion of any contractual period between
ESTABLISHMENT and ARTIST(S).
15. ARTISTS) reserves the right to cancel this engagement by written notification to the Purchaser no later than thirty (30) days prior to
engagement for the purpose of television, or motion picture, or Nevada type engagement, or major international or domestic type tour
without recourse.
16. Purchaser may cancel this Agreement no later than thirty (30) days prior to performance for just cause by submitting in writing such
request. Failure to comply with this procedure may result In forleit of any deposits and the entire cost of performance may
be demanded.
17. Purchase price is agreed upon rain or shine.
18: This Agreement contains the entire understanding of the parties and may not be altered, amended, modified or otherwise changed
except in writing signed by all parties.
19. THIS AGREEMENT IS NOTTO BE ADVEFMSED OR CONSIDERED BINDING UNTIL DEPOSITS REQUIRED ARE RETURNED AND
CONTRACT 1S SIGNED BY BOTH PARTIES.