HomeMy WebLinkAboutCity of Tamarac Resolution R-89-0811
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Temp. Reso. #5379
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-89- 9/
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH THE
MUSICIANS EXCHANGE TO PROVIDE A BAND FOR THE
CITY'S FOURTH OF JULY EVENT; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: That the appropriate City officials are
hereby authorized to execute an Agreement with The Musicians
Exchange to provide a band for the City's Fourth of July
event, at a total cost of $750.00, a copy of said agreement
being attached hereto as "Exhibit 1".
SECTION 2: This Resolution shall become effective upon
adoption. VeLl e
PASSED, ADOPTED AND APPROVED this /vZ day of 1989.
ATTEST: IyLarv��
NORMAN ABRAMOWITZ Cr
MAYOR
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as to
form.
RICHARD DOODY U
CITY ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITZ ez�A.
DISTRICT I:
DISTRICT 2:
DISTRICT 3:
DISTRICT 4:
1 V 1 rV I
Musicians Exchange Downtown Talent Agency
State of Florida License #00000055
hereby agreed between the undersigned that M.E. will providethe musk: or otherentenalnmentas Indicated below: (M.E. refers to Musicians Exchange Downtown TalentAgency)
NAME OF GROUP BAND LEADER NAME Ri 1 1 Thomas _.—
Pi-AcEl!anerac Spgrts Q=1ex ADDRESS Tamarac,
STARTING DATE 7/4/89
FINISHING DATE
Same
TOTAL PRICE s 750. 00 DEPOSIT AMOUNT i 150. OO BALANCE DUE 600. 00 TO BE PAID TO BAND LEADER BEFORE PERFORMANCE IN CASH,CASHIERS
CHECK OR MONEY ORDER ONLY.
HOURS . m, NUMBER OF MUSICIANS Si sr
REMARKS
The Leader and Musicians (sometimes referred to herein as the "group") are Independent contractors and are In no way to be considered as employees, either of M.E. or of the
Employer. As Independent contractors, the musicians shall personally be responsible for the payment of any taxes, Federal Income Tax, Social Security Tax, State, City, or any
taxes that they may be obliged to pay, as well as Workmen's Compensation Insurance. As prescribed by law, an employer of Independent contractor musicians Is not required to
collect or pay Workman'& Compensation Insurance, as stated In Section #440.02 (b) of the tax code manual. In signing this contract, the leader and Musicians relieve the Employer
and M.E. from this obligation.
The Employer, In signing this contract, or having same signed by a representative, officer or manager, acknowledges their authority to do so and hereby assumes liability
fa: Ma surn; agreed upon, pay" according to the above arms.
In the event the Employer or the Musicians breach this agreement, Employer or Musicians shall be responsible for damages sustained, plus reasonable attorneys fees,
Including any appeals which may be taken.
If at any time prior to or during the engagement, any of the Musicians shall become Incapacitated or otherwise unable to render their services, the Leader shall replace
said Musicians with musicians of the same musical ability as the musicians that are unavailable, If possible. In the event that a key member of the group becomes incapacitated so
that It Is Impossible for the musicians to perform as a unit. M.E. reserves the right to replace the Leader and Musicians with musicians of comparable musical ability, If possible. If
It is Impossible to replace the Leader or Musicians, then this engagement shall be considered cancelled and M.E. shall refund the deposit In full. All parties hereto agree that liability
shall be limited solely to refund of the deposit In full and no other liability whatsoever shall exist.
wriu'Ji51ON PERTAINING TO SINGLE NIGHT ENGAGEMENTS: Whether the Employer Is a private Individual, partnershlp or corporate entity, Employer,
Leader and Musicians all agree Vial M.E. will be entitled to a 15% commission on any future engagement within eighteen (18) months of the signing of this contract.
CANCELLATION PROVISIONS:
1. Leader and Musicians may cancel the above engagement by giving the Employer written notice thereof, at least4 days prior to the commencement of
the engagement, if the Leader or Musicians should be called upon to render services In connection with theatrical motion picture(0 television, or a major concert date, In the event
of such cancellation, M.E., at its sole discretion, will replace the Leader and Musicians with comparable musicians or refund the deposit and a shall be no other liability whatsoever.
2. If, prior to the dates of engagement, It is found that Employer has not performed fully Its obligations under any other agreement with any other group for a
prior engagement, Leader may cancel this agreement in writing by certified mail addressed to Employer prior to the opening date and said cancellation shall be effective whether
Employer accepts such mail or not.
INCLEMENT WEATHER CLAUSE: For outdoor engagements, a minimum 509E non-refundable deposit Is required and band gets paid balance due in full, rain or
shine, unless other terms are agreed to, In advance, In writing, All outdoor jobs must provide covering for staging and the musicians.
It Is further understood and agreed to by the Employer, Leader and Musicians that M.E.'s ONLY function is that of a booking agency and M.E. shall not be responsible
to either party for any breach of contract. However. M.E. will assist and aid In arbitration or settlement of any breach, provided both parties are willing to arbitrate In good faith.
DEPOSITS ARENON-REFUNDABLE. Employer, Leader and Musicians, insigrlingtihis:.n act,rat~gnlz: «flA.F..h sincurredadminisrrativecosts
In rendering Agency services In connection herewith. For this reason, deposits given In connection with this contract are non-refundable, except In the Instances rioted above.
PLEASE SIGN AND RETURN ONE COPY OF THIS CONTRACT WITH YOUR DEPOSIT OF $150.00 WITH -IN
SEVEN (7) DAYS OF 1 / 23 / 89. CHECKS CAN BE MADE PAYABLE TO MUSICIANS EXCHANGE DOWNTOWN
TALENT,
t�
PRINT BAN AD NAME
MUSICIANS EXCHA GE DOWNTOW?fTALEW REPRESENTATIVE (SIGNATURE)
V DATE SGNEDI f 23Z89
r
t
NAME OF EMPLOYER pR REPR ENTATIVE (PRINT
7501 North University Drive _
STREET ADDRESS
Tamarac, FL 33321_m=_?7_,n_
CITY AND STATE PHONE