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Ordinance No. 9,10520010208 -. 2 ORDINANCE NO. 9105 ® AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE A CONTRACT WITH TEXAS SOUNDS TO PROVIDE PROFESSIONAL ENTERTAINMENT AT THE 28TH ANNUAL FOURTH OF JULY CELEBRATION (MAIN HEADLINER JERRY JEFF WALKER); AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF NINETEEN THOUSAND TWO HUNDRED FIFTY AND NO/ 100 DOLLARS ($19,250.00); MAKING OTHER PROVISIONS RELATED THERETO; 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 authorizes and directs the City Manager of the City of Baytown to execute a contract with Texas Sounds to provide professional entertainment at the 28th Annual Fourth of July celebration (main headliner Jerry Jeff Walker). A copy of said contract is 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 to provide professional entertainment at the 28th Annual Fourth of July celebration (main headliner Jerry Jeff Walker) of the sum of NINETEEN THOUSAND TWO HUNDRED FIFTY AND NO /100 DOLLARS ($19,250.00), pursuant to the contract. Section 3: That pursuant to the provisions of Texas Local Government Code Annotated § 252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty -five percent (25 %) or decreased by more than twenty -five percent (25 %) without the consent of the contractor to such decrease. Section 4: 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 8th day of February, 2001. L: PETE C. ALFARO, Mayor ATTE T: Gi SM1T -'H, City Clerk • APPROVED AS TO FORM: ACIO RAMIREZ, , City Attorney dAMyDocuments \Counci1\00- 01\February\2001 July4EntertainmentContract ® owners Mike & Shan 2317 Peon SL P.O. Bo 16" Diddasoa Texas 77539 Phone (781) 337 -2x73 Fax (281) 534 -1127 P Wail uo ®ds@=as- so®dstom 22nd ?HIS CONTRACT for the personal services of musicians on the engagemen ! described be" is made this day of Jan 20 01 between the Undersigned puithaser of music or services (herein called purchaser) and the undersigned musician or musicians. t Name and address of Place of Engagement B i c e n t e n i a Lee & Decker Drs., Baytown Tx. Name of Band or Group JERRY JEFF WALKER 2. Date (s) of Engagement v u Y - . ShoWfiMes 1-90 min show N 3. Type of Engagernertt 4. Ag Upon 19.2 0 and rider requirements. Please is a part of this contract. S. Praehaser wM Make Paymerns as kgk ws 5 0% deposit (x o A g r; nn) d h P with r c t r, r m of signed contract payable to Taxes Ralanre nP $9,625,00 pa` b e . n cash nn nr L a Tihl Y 4 ?no' - 6. No performance on the engagement shall be receded. reproduced ortransrnited from the placed performance m arty manner or by arry means whatsoever in the absence of a specific written agnaement with ArtaY. 7. This contact and the terms and eorditiors contained herea>, maybe enforced by purchaser, and its agents, and by each musician who is a partyto this contractor whose name appears on the contract orwho has.ah fact performed the engagemertcontracted for paigiii rid mrscian(s)'] and by the agent or agents d each Participating musician- Purchase, acWxmAedges and agrees that in exe=gmg fm Agreement TEXAS SOUNDS is acting sdeY as the agent of the AR I LS I (% that TEXAS SOUNDS is not a party to this Agretssnert and that TEXAS SOUNDS shad have no frablTdy to Ptachatter in the event d any breach d this Agreement. 9. ARTIST(S) agree to pay TEXAS SOUNDS a commissiorh amounfir g to % d gmiss pay. This amount is m be S an the job hereby described above 10. Resolttions of controversies or dam= This Agreement shag be construed under the taws dthe State of Texas and ah tie evert d any disp Chenin, the dispute may be submitted to the Coups of General .knisftbon in the State of Te=& Attorney's fees and oasts shall be awarded to the PnErV tang party- ISee lbws Side is Cow Teva and Coxi oral tN wnwESS WHEREOF, the parties hereto set their names and seats on the day and year fvst Vlrr above. Baytown 4th of 0 - -tt TQhRR^^ July Celebration Mo to Mercer, City Manage Owner /Agent / K Address: P 0 Box 424 ASP 0 Box 164 Baytown Tx 77522 Telephone: 281 - 422 -8281 Telephone: 281-X37-2471 ® Bodong Agent TEXAS SOUNDS - 2 81 5 3 4 -1 1 2 7 / FAX Address to which dSCr -d Communications shall be sent p signatory Sian. This Agreement does not condus'rvey determine the t>� Gable to report mid pay err>ptoyrnerttaxesandsimilar employer levies unfit r the rotahgs of the U.S. Irtemat Revenue Service and some state agencies. Pcllipu l=—R ruzw — Allnsrm Peat — smw EXHIBIT A eq= Pr.=& Sawn u� hx ®The pellaffnance of the ARTIST(S) pursrerd to the terms of this Agreement is subject m live Oct aanee d any of the Wowing eondfior= deathwsidmessdtheARTISTS) orfarn igrmembers ,accidevts.riots.Stubs, acts dGod. accidents dormechanical fmium of transport35on wary other even beyond the ARTISTS) oonbvl ref derb+S performance d this Agreemervt 12 As lo ARTIST(S) who area party to ttris Agreeme+t arrd who are members d the American Federation of Wsicia: of the Unwed States and Canada (hereafter'Federation-) the bilowbig PvAsiOm shall aPPIr. a it is vVessley understood by the Purchaser and the ARTIST(S) who are parties to ttvs Agmvffm "R in any capacity except as may be expressley Provided in a specMc m ithm agreement. and therdore neither the Federation northe fecal union SW be fiable for the performance or fxrearl at any provi*n tweed b. Arepres 2afi redthekcalunim aide Federatbnsfrafl have accesstntheplaned performancecove+edby this A9rewwd forte purposed comvz icadm with the ARTIST(S) perianimg the engagement and the Purchaser. 13 ARTISTS) s b be errtsideed by ESTAM SIiIit1 W aS the client dTexas Souads Any aW nptto neg d2le. book ergw9 arrange a>isna1 dates, times. w fees shag be done solely Uxaugh Texas Saunas Shot Eslabfslatnent viotale this prUvmi= Texas Sourdsmayclvoasetoe lectanydihefollowegrernec§=(1J thet Aanxxjmdc shaDbeinanedab*dueandowing. (2y Tess Sounds may get an irtjrrncWm or (3� take any acd all kxjW avaftble. 14. Any feWmengagemerdwill e+ ONE`( EARb THREE MONTHS arethep ropetyoiTexasSamdsA feed15%daDmordespaidto keep by ESTAsusmMENT win be due and owig Texas Sands 15 days alter eomplebcn of any contractual pertod.between ESTABUSHMENT mid ARTISiln 15. ARTISTM reservesthecighttorm Pp th isengagenwitbyw itlenrvof fion�lhePrrr asernotaaerlhmnlhctYC�) f m theptaposeoffPJevmon ,ormoGonpicCre,arNevrddatyPe ommiori ion aft ordomestictypetots watnaut recoum e. I& PurchaserrnayeanoeltwAgeenerdnoWo than tltinypg days pm" per �rtnancelorNst�by in�such request Failure 10 aonVly vAh this pmeed<re may result in forfeit d any deposits and the entire cad d pelomranee may be demanded 17. Purchase Price is Age upon rain Or Sterne 18 Ths Agem erdconfainstthe add crdesianc&hg dthe parties and may rvdbe abred, amended. nhoul:Fied uxdtherwse drarvged e> in wrbV sighed by all pmfies 19. THIS AC4EB$TITIS NOM BEADvERnSED OFtCONSCERm BtN01NG UNTIL 0EP0S1TS ARERETURNED AND CONTRACT 6 SIGNED BY BOTH PARTIES. L I JERRY JEFF WALKER BAND RIDER ® 1. PURCHASER shall provide the following backline equipment: TWO guitar amplifiers, n ONE bass rig (brain and cabinet), ONE full drum kit, with cymbals and hardware (SEE ATTACHED BACKLE' E RIDER FOR DETAIW. PLEASE NOTE- -From time to time, we may require the rental of keyboard rig, and/or an additional amp for a steel guitar. Please see your contract and backline rider for details. PURCHASER shall provide at his cost two stage hands to unload, set up and reload backline equipment. Stage hands shall be available two hours prior to opening of venue doors and shall remain until at least one hour after the show. ARTIST must have access to venue two hours prior to opening the doors to the public. PLEASE NOTE— Soundcheck time to be determined by the ARTIST. If you have any questions about the contract, please contact Walter Gibson at T &TM (512- 477 -0036, Fax 512 -477- 0095). For any technical questions, please contact our office, or Charles Ray, at 512- 894 -0600. 2. PURCHASER shall provide for sound and lights and appropriate personnel. (SEE ATTACHED SOUND AND LIGHT RIDER FOR DETAILS). PURCHASER must provide for a stage, including a 4' x 8' x 2' drum riser. 3. SECURITY: PURCHASER is to provide security for the safety of the ARTIST'S equipment and possessions before, during and after the performance, along with a comfortable dressing room (private and lockable), with a capacity of ten persons. No one shall be allowed on the stage or backstage, or in the wings of the stage, unless approved by ARTIST. BEVERAGES: PURCHASER shall provide at no cost to ARTIST one case of Coors Light beer, two bottles of red wine, one case of non - carbonated water (Evian or equivalent —small bottles, please), an assortment of Cokes and Diet Cokes. These beverages shall be in the backstage/Green Room area at the time of the soundcheck. 5., HOT MEALS: PURCHASER will also provide a hot meal for the ARTIST and BAND immediately following soundcheck, or provide band "buy- outs" of S20 per band member. NOTE — Beverages as stipulated above must be provided regardless. 6. PURCHASER shall provide six clean towels to be available at soundcheck. 7. PURCHASER agrees that any appearance by any other acts on the same bill as JERRY JEFF WALKER shall be subject to ARTIST'S prior approval (Contact Susan Walker at 512 - 477 -0036, Fax 512 - 477 -0095). & All merchandise to be sold is to be cleared through ARTIST'S management prior to performance (Coordinate merchandise sales with Pam Stock at T &TM). PURCHASER is to coordinate promotion and advertising through T &TM (512 - 477 -0036, Fax 512 -477- 0095). 9. WHERE THERE IS STATE INCOME TAX, PURCHASER IS TO PROVIDE TAX FORM THE NIGHT OF THE SHOW. AGREED AND ACCEPTED. PURCHASER JERRY JEFF WALKER/ARTIS / Revised 9/21/00 �' I SOUND & LIGHT RIDER F'OR JERRY JEFF WALKER AND BAND ** PLEASE NOTE - -Jerry Jeff Walker travels with NO road manager or technical personnel. Please refer any technical or logistics questions to Garrett Guymon in our office at (512 -477 -0036) ** ** PLEASE NOTE- -These are our MINIMUM system requirements. Failure to provide equipment meeting these specifications may result in the CANCELLATION of Jerry Jeff Walker's performance. In the event of cancellation, Tried & True Music will retain the contract deposit ** SOUND: HOUSE: Console at least 18 channel with at least 3 band EQ (4 preferred) 1/3 octave EQ on output (2 if PA is stereo) Wliite. JBL/Urei. or Clark Technic equipment preferred DIGITAL DELAY: Delta Lab. SPX 90, Lexicon. etc. equipment preferred -- :Must be full bandwith (No analog) SNAKE: Snake needs split at Monitor Board or stage: Console MUST be in front — Engineer will direct placement on -site MAIN SYSTEM. Main system must feature professional- quality components, i.e. JBL, Gauss. Meyer, etc. Power amps must feature professionakquality components, i.e. Carver. QSC. Crown Main system must be active 3-o,-ay or 4- way...No passive crossovers except at the tweeter level. 200 to 500 -seat venues: 1.500 watt RMS minimum 500 to 1,000 -seat venues: 1,500 to 3,000 watts 1,000 to 3,000 -seat venues: 10,000 watts MILS: VOCALS: 4 Shure SM 58s. or equivalent I `iSTRUiti1ENTS: 1 Shure SM 57 (for lead guitar amp). I D1 with jumper (for bass amp) DRUMS: Kick -- Sennheiser 421 Snare— Sennheiser 421 Floor Tom-- Sennheiser 421 Rack— Sennheiser 421 Hi -hat -- Condenser Overhead - -2 condensers MIC STANDS: 6 tall booms, 6 short booms, either Atlas. Beyer, or equivalent MONITORS: AT LEAST 6 wedges, bi- amped. PLUS 2 sidefills (stereo) (SIDEFILLS ARE REQUIRED AT ALL PERFORMANCES), at least 200 watts per box FOUR MIXES (plus monitor reference); Professional quality 1/3 octave EQ on each mix (PLEASE NOTE - -Jerry Jeff Walker occasionally performs with an extra keyboardist and/or a steel guitarist, each of whom need a separate mix; Please call Tried & True Music, 512477 -0036 to confirm number of bandmembers before the performance). — Cont'd over -- JJW SOUND & LIGHT RIDER, cont'd. LIGHTS: All lights need to be over 12 feet in height (ceiling permitting) Configuration: Side and rear trees ... Or side trees and rear truss ... Or front and rear truss 500 to 1,000 7-seat venues: 24 Par 64 1,000 watt 1,000 to 1,500 -seat venues: 48 Par 64 1,000 watt 1,000 to 3,000 -seat venues: 72 Par 64 1.000 watt (or theatrical equiv.) No follow spots, please No backwash lighting, please Three -color wash: Red. White (either Pale Amber or Surprise Pink) and Blue; One spot. Control Console - -12 channel or laruer. sine Ie Scene OK ... Smaller equipment quanz lights OK...No incandescents. No blackouts between songs, or at show's end, please. Jerry Jeff describes his ideal light set -up thus: "I like the maximum amount of look from the minimum amount of lights." PLEASE REFER AiNY QUESTIONS OR PROBLEMS TO GARRETT GUYMON AT TRIED & TRUE MUSIC (512-477-0036) I-] JEPRv.JE.'A' WALKER & THE GGN Zfl CONiPA RES Bosh -Bass amp Bob Vocal X Mix 1 AC Steve / Drums,Vocal Mix =t } r 7 _ r.. a. .. -rr. �..�_— ... ice• w�..p JJW am p Jerry Jeff Vocal 12 Mix 2 i' Mix 2 John / Lead guitar amp AC 10 John Vocal 3 X 13 AC 6' Niix 3 13 = Microphone 8 = DI AC = AC power CEE) = Monitor with mix # SNARE Inputs: 3. HAT Mic Smestions gate 1. KICK 2. SNARE 3. HAT 4. RACK TOM 5. FLOOR TOM 6. OH (house left) 7. OH (house right) comp. 8. BASS DI 9. JERRY JEFF GUITAR (mic amp) 10. JOHN LEAD GUITAR (mic amp) comp. 11. B013 VOCAL (bass) comp. 12. JERRY JEFF VOCAL (center) 13. JOHN VOCAL (lead guitar) 14. STEVE VOCAL (drums) M 88,421, D112 SM 57 (NO BETA!) Condensor Condensor Condensor SM 58 (on boom stand) SM 58 (on boom stand) SM 58 (on boom stand) SM 58 (on boom stand) MONITOR MIXES NOTES MIX I - -BOB; Bass guitar & b.g. vocal * We require a drum riser 8'x 8'-< f to 2" high MIX 2 -- JERRY JEFF WALKER; lead singer, rhythm guitar * We require a F.O.H. engineer, and MIX 3 -- JOHN; lead guitar & b.g. vocal we need a monitor engineer; MIX 4 -- STEVE; drums & b.g. vocal therefore, mix 'r's are for MIX 5 & 6 -- SIDEFILLS reference- -your order is OK * M] NTMUM STAGE SIZE =15' deep x 20' wide