Ordinance No. 6,553930128-45
ORDINANCE NO.6553
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO
CONTRACTS WITH TEXAS SOUNDS ENTERTAINMENT,INC.TO
PROVIDE PROFESSIONAL ENTERTAINMENT ATTHE CITYOF
BAYTOWN'S JULY 4TH CELEBRATION;AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN,THE SUM OF EIGHT THOUSAND TWO
HUNDRED AND NO/100 DOLLARS ($8,200.00);MAKING OTHER
PROVISIONS RELATED THERETO;AND PROVIDING FORTHE
EFFECTIVE DATE THEREOF.
******************************************************************
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1:That the City Council of theCity of Baytown,
Texas,hereby approves contracts with Texas Sounds Entertainment,
Inc.and authorizes and directs the City Manager and City Clerk of
the City of Baytown to execute and attest to said contracts for
professional entertainment at the City of Baytown's July 4th
celebration.A copy of said contracts are attached hereto,
marked Exhibit "A,"and made a part hereof for all intents and
purposes.
Section 2:That the City Council of the city of Baytown
authorizes payment to Texas Sounds Entertainment,Inc.of the
sum of EIGHT THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($8,200.00),
pursuant to the contracts.
Section 3:That pursuant to the provisions of
TEX.L.GOV'T.CODE ANN.§252.048,the City Manager is hereby granted
general authority to approve any change order involving a decrease
or an increase in costs of FIFTEEN THOUSAND AND NO/100 DOLLARS
($15,000.00)or less,subject to the provision that the original
contract price may not be increased by more than twenty-five (25%)
percent or decreased by more than twenty-five (25%)percent without
the consent of the contractor to such decrease.
Section 4:This ordinance shall takeeffect immediately
fromand 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 25th day of February,
1993.
•-BOBBY J.CRfiDILLE,Mayor
930128-45a
ATTEST:
-EILEEN P.HALL,City Clerk
(<TGNACIO RAMIREZ,fSIJ.,City Attorney
lcgtd/council/2-25-93piofKjuIy4lh
930128-45b
Texas
n-
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 25th day
ol Jan.to 93 between the undersigned purchaser of music or services (herein called purchaser)and the undersigned
musician or musicians.
t.Name and address of Place ol Engagement:Bavtown 4th of July Celebration
Bicentenlal Park,Lee Dr.&Market St Baytown Tx.
Name of Band or Group:S00L BROTHERS INC.,LOST RIVER BAND,JOHNNY LEE 8.BAND
2.Date (s)of Engagement July 4,1993
Showttmes:IP-*.
3.Type of Engagement Outdoor/covered 4th of July Celebration
4.Compensation Agreed Upon:$6000.00 forall acta listed (see attafcnhori fnr
breakdown of prices)
Sound tobe furnished (artists to bring Instruments
and amps.
5.Purchaser will Make Payments as follows:Deposit of $1000.00 required for .Tnhnny T.oo«
Balance of $5000.00 payable to Texas Sounds in Cash or Parks
dept.checkjdue by first show^day of 4th.Texas Sounds
FID#76-0351363;Texas Sounds to pay artists dav of show.
(Depositon Johnny Leedue ASAP to gurantee appearence)6.No performance on the engagement shall be recorded,re-produced or transmitted from the place ofperfornfance,in any manner or
byany 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 lact performed the engagement contracted for
(herein called "participating muscianls)")and by the agent or agents of each participating musician.
8.Purchaser acknowledges and agrees that in executing 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
9.ARTIST(S)agree to pay TEXAS SOUNDS a commission amounting to %of gross pay.This amount is to be $,
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 ol General Jurisdiction in the State ol Texas.Attorney's lees and
costs shall be awarded to the prevailing party.
ISm Rovwm St*For Otw T«m»tut)Conttara)
IN WITNESS WHEREOF,the parties hereto set their names and sealspn the day andjwar first written above.
Baytown Parks S.REc.hDept Dean Blgham ggge^RiyeV I ^Jay Slnoletarv
Owner/Agent
P.O.Box 424
y
Baytown,Tx.77522 Dickinson,Tx.77539
Telephone:Telephone:(713)337-2473 (office)
Booking Agent:TEXAS SOUNDS <713>681-9052
Address to which official Communications shall be sent to
signatory Musician.
CV UID IT A ThisCAnlDiItx
the rulings ol the U.S.Internal Revenue Service and some state agencies.
WHITE -PUftCHASEB YELLOW -ARTISIISI Km -AGENT
11.The performance of tha ARTIST(S)pursuant to the terms of tWs Agreement Is subject to the occurance of any of the toflowfng
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 ARTIST(S)control rendering performance of this Agreement Impractical.
12.As to ARTiST(S)who are a party to this Agreemenl and who are members of tha American Federation ol Musicians of the United
States and Canada (hereafter "Federation")the following provisions shall apply:
may be expresstey provided In a specific written agreement,and therefore neither tha Federation nor the local union shall be
liable for the performance or breach ofany provision thereof.•■
b.Areore&entathreotthelo^unlonortheFederationsrtallhaveaccesatothoirfafM
for the purpose of communication with the ARTIST(S)performing the engagement and the Purchaser.
11 ARTIST(S)Is to be considered by ESTABUSHMEOT as ttocllem of Texas Sc^
Texas Sounds may choose to elect snydme following remedles;|1|.tha fuilamoumctf contract shaatelmnwdlatery due and owing,
|2|.Texas Sounds may get an Injunction,or (3).take any and all legal remedies available.
14.Anyretim)ongagemamwrthlnONEYEAR4THREEMONTHSarethepropertyofTexasScunda.Aleeol15%otaUmcmlespaidto
keep by ESTABLISHMENT will be due and owing Texas Sounds 15 days after completion of any contractual period between
E8TABUSHMENTandARnST|S).•-•
15.ARTIST(S)reserve8therigrrltocancetmlsengagemerrtbywrKienrtttJ1to^
without recourse.
1ft PurchasermaycaricelmteAgreememnolatertrianmlrty{:»)da
request.Failure to comply with this procedure may result In forfeit of any deposits and the entire cost of performance may
be demanded.
17.Purchase price Is agreed upon rain or shine.
ia This Agreement contains the entire understanding of the parties and may not be altared,amended,modified or otherwise changed
except In writing signed by all parties.
10.THIS AGREEMENT IS NOTTO BE ADVERTISED OR CONSIDERED BINDING UNTIL DEPOSITS REQUIRED ARE RETURNED AND
CONTRACT IS SIGNED BY BOTH PATTIES.
930128-45c
Texas
U-O--O-
2900 Dickinson Avenue
Dickinson,Texas 77539
(713)337-2473
THIS CONTRACT for the personal services ol musicians on the engagamefflt described below is made this 5th day
of FQbi 19—9_3__between the undersigned purchaser ol music or services (herein called purchaser)and the undersigned
musician or musicians.
1.Name and address ol Place of Engagement:.Baybown 4th of July Celebration
Bi-Centenial Park,Lee DR.Baytown tx.
Name of Band or Group:
Date (s)of Engagement.
Showlimes:
KEVIN EAGAN &BEYOND REASON
July 3.1993
Approx.2:00PM
3.Type of Engagement 4th Of July Celebration
4.Compensation Agreed Upon:$1000.00
Drum Kit ,sound &llhts to be furnished by
purchaser
EXHIBIT A
Purchaser will Make Payments as (ollows:In Cash or by Parks Dept.Ck.payable to
Texas Sounds FID#76-0351363 day of engagement;Texas Sounds
to pay artist.
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 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 lact,performed the engagement contracted for
(herein called "participating muscian|s|")and by the agent or agents of each participating musician.
8.Purchaser acknowledges and agrees that in executing 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 ol any breach ol this Agreement
9.ARTIST(S)agree to pay TEXAS SOUNDS a commission amounting to %ol gross pay.This amount is to be $,
on thejob hereby described above.
10.Resolutions ol 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 ol Texas.Attorney's lees and
costs shall be awarded to the prevailing party.
|S««RgvtfM Sid*Fa OSw Tgnra tnd Cmttonsl
IN WITNESS WHEREOF,the parties hereto set their names and seals on the day and year first written above._
Kevin EaaanBaytoKgrgar*s
Address:
Owner/Agent
P.O.Box 424
Baytown,Tx.77522
nager/A
Address:2900 Dickinson AVe.
Dickinson,Tx.77539
Telephone:Telephone:.337-2473
Booking Agent:TEXAS SOUNDS
Address to which official Communications shall 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 U.S.Internal Revenue Service and some state agencies.
WHITE -PUFCHASER VEUOW -ARTISIfSI PINK-AGENT
11.The performance of the ARTIST(S)pursuant to the terms of this Agreement Is subject to the occurance ol any of the following
conditions;death or sickness of the ARTIST{S)or family members,accidents,riots,strikes,ads of God,accidents to or mechanical
failure of transportation or any other event beyond the ARTIST(S)control rendering performance of this Agreement Impractical.
12.As to ARTIST(S)who are a parly to this Agreementand who are members of the American Federation of Musicians of the United
a.It is expressley understood by the Purchaser and the ARTIST(S|who are parties to this Agreement in any capacity except as
may be expressley provided In a specific written agreement,and therefore neither the Federation nor the local union shall be
liable tot the performance or breach of any provision thereof.
b.ArepreserrtathracrfmelocalunicnormaFederatfonshallhaveaccesstoto
for (he purpose of communication with the ARTIST'S)performing the engagement and the Purchaser.
1 3.ARTIST(S)Is to be considered by ESTABUSHMENT as the diem of Texas Sounds.Any attempt to negotiate,book engagements,
Texas Sounds may choose lo elect any of the following remedies;{11.the fullamount 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.AnyratumengagemamwithlnONEYEAR4THREEMONTHSaremepropanVdTexasSouml8.Afaart15%olailnwnl89paldto
keep by ESTABUSHMENT will be dueand owing Texas Sounds ISdays after completion of any contractual period between
ESTABUSHMENT and ARTIST(S).
IS.
without recoufso.
16.
request Failure lo comply with this procedure may result In forfeit of any deposits and the entire cost of performance may
be demanded.
17.Purchase price Is agreed upon rain or shine.
18.
10.THISAQREEMENTISNOTTOBEADVERTtSEDORCONSIDEREDBINDINQUNnLDEPOSrrSRECMJIFlEDARERETURNEDAND
CONTRACT IS SIGNED BY BOTH PARTIES.
930128-45d
Texas
2900 Dickinson Avenue
Dickinson,Texas 77539
(713)337-2473
THIS CONTRACT lor the personal services of musicians on the engagement described below is made this 25th day
ol Jan.in "between the undersigned purchaser of music or services (herein called purchaser)and the undersigned
musician or musicians.
1.Name and address ol Place ol Engagement Bavtovn 4th of July Celebration
Blcentenlal Park,Lee Dr &Market St,Baytovn Tx.
Name ol Band or G/oup:Sound forall atista on Bhow
Z Date (s)ol Engagement July 4,1993
Showtimes:TBA
3.y^P^.^Outdoor/covered
4.Compensation Agreed Upon:$1200.00
Includes sound for all artistsSoul Brothers INc.
Lost River Band,and JohnnyLee and band.
5.Purchaser will Make Payments as follows:In Cash orby company cK.(Parks Dept.)
day of show,payable to Texas Sounds FID#76-0351363;
Texas Sounds to pay sound company that day.
6.No performance on the engagement shall be recorded,re-produced or transmitted from the place of performance,in any manner or
byany 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,infact,performed the engagement contracted lor
(herein called "participating muscian(s)")and by the agent or agents ol each participating musician.
8.Purchaser acknowledges and agrees that in executing this Agreement,TEXAS SOUNDS is acting soley as the agent ol 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 ol any breach of this Agreement
0.ARTIST(S)agree to pay TEXAS SOUNDS a commission amounting to %of gross pay.This amount is to be $,
on Ihe job hereby described above.
10.Resolutions ol 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.
|Sm Rmim S>»Fot C*tr T«ran «nd ComCora)
IN WITNESS WHEREOF,the parties hereto set their names and seals on Ihe day and year first written above.
Baytown Parks S.REc.^Dept.Dean Bigham Sound Co./^Jay Slngletary
Owner/Agent
P.O.Box 424 00 Dickinson Ave.
Baytown,Tx.77522 Dickinson,Tx.77539
Tetephone:Telephone:H")337-2473 (office)
Booking Agent TEXAS SOUNDS <713>681-9PS2 (home)
Address lo which official Communications shall be sent to
signatory Musician.
py UID IT A This Agreement does not conclusively determine Ihe person liable to report and pay employment taxes and similar employer levies under
the rulings ol the U.S.Internal Revenue Service and some state agencies.
WHITE -PURCHASER VEUOW -AHTIST(S|PINK -AOENT
11.The performance ol the ARDST(S|pursuant to the tenns erf (his Agreement is subject to tfte occurance ol any ol ma following
conditions:death or sickness ol the ARTIST(S)or (amity members,accidents,riots,strikes,acts ol God.accidents to or i.-ecrtanical
(allure ol transportation or any other event beyond the ARTIST(S)control rendering performance ol this Agreement impractical.
12.As to ARTIST(S)who are a party to this Agreement and who are members of the American Federation ol Musicians ot the United
Stales 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 c-pacrty except as
may be expressley provided In a specific written agreement and therefore neither the Federation nor the focal union shall be
Oabte lor the performance or breach ol any provision thereof.
b.Arepre8entet^ecrfmetocaluntonorm9Fed9raUon3rtailhaveacce3stothep!ace<rfperformar«»coveredbythlsAgreemenl
tor the purpose ol communication wHh the ARTIST(S)performing the engagement and the Purchaser.
13.ARTIST(S)Is to be considered by ESTABLISHMENT as the client ol Texas Sounds.Any attempt to negotiate,book engagements,
Texas Sounds may choose to elect any of the following remedies;(1 L the full amount of contract shall be Immediately due and owing,
|2|.Texas Sounds may gel an injunction,or (3).take any and all legal remedies available.
14.Any return engagement wHhln ONE YEAR &THREE MONTHS are the property of Texas Sounds.A fee of 15%of all monies paid to
keepby ESTABLISHMENT will be due and owing Texas Sounds IS days after completion of any contractual period between
ESTABLISHMENT and ARTIST|S|.
15.ART1ST|S)reserve3trrar<ghttocanceimiser^agem8mbywrrttennotfficatkm^
engagement for the purpose of television,or motion picture,or Nevada type engagement,or ma)or International or domestic type tour
witftout recourse.
1ft Purcnaflermaycanceimi3Agreenwmrwiatermanthlrr/(30)days^
request Failure to comply with this procedure may result In forfeit of any deposits and the entire cost of performance may
bo demanded.
17.Purchase price b agreed upon rabi or shine.
18.This Agreement containsthe entire understanding of the parties and may not be altered,anmided,mxlified or otherwise changed
except In writing signed by all parties.
19.THISAQREEMEm'ISNOTTOBEADV^RTISEDORCONSIDEREDBINDlNQUNmDEFCSrrSREQUlFlEDARERETURNEDAND
CONTRACT IS SIGNED BY BOTH PATTnES.