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HomeMy WebLinkAboutCity of Tamarac Resolution R-89-0811 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 21 22 23 24 25 26 27 28 29 30 33 34 35 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