CM-2019-0104 - 4/19/2019CITY OF ROUND ROCK
ARTIST'S AGREEMENT WITH
DORAMY MEDIA, LLC
FIS/O NEXT TOWN DOWN
This Agreement is by and between the City of Round Rock (hereinafter referred to as
"City"), whose address is 221 East Main Street, Round Rock, Texas 78664, and Doramy Media,
LLC F/S/O "Next Town Down" (hereinafter referred to "Artist"), whose address is 8956
Norma Place, West Hollywood, California 90069.
RECITALS:
WHEREAS, City has determined that it has a need to contract for the performance
services of Artist; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is
mutually agreed by and between the parties as follows:
Show Details
A. Artist agrees to perform at the City's Round Rock Juneteenth Festival on
June 14, 2019, at 3300 East Palm Valley Boulevard, Round Rock, Texas,
pursuant to the terms set forth herein and in the Artist's Rider, attached as
Exhibit "A," incorporated herein and attached hereto for all purposes.
B. The time of the Show shall be determined by the City and communicated
to Artist as soon as the time is determined.
C. Artist shall have the sole and exclusive control over the production,
presentation, and performance of the Show.
2. Compensation
A. In consideration for the services to be performed Artist, City agrees to pay
Artist a total sum not to exceed Eight Thousand and No/100 Dollars
($8,000.00), in full payment for the services delineated herein.
B. Payment shall be made by City to Artist in U.S. funds by City of Round
Rock check as follows: Four Thousand and No/100 Dollars ($4,000.00)
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shall be paid to Artist upon execution of this Agreement. The remaining
balance of Four Thousand and No/I00 Dollars ($4,000.00) shall be paid
immediately prior to the performance on June 14, 2019.
C. The monetary compensation set forth above, shall be paid as set forth in
Exhibit "B" which document is attached hereto and incorporated herein
by reference for all purposes.
Cancellation of Aereement
A. This Agreement may be cancelled with all obligations extinguished
including the duty of City to pay compensation, as follows:
1. By Artist for reasons of his own, with or without cause, and not
subject to the mutual consent of any other party. such written
cancellation notice to be given to the other party not less than
thirty (30) days prior to the performance date of the engagement
hereunder.
2. By City for reasons of its own, with or without cause, and not
subject to the mutual consent of any other party, such written
cancellation notice to be given to the other party not less than thirty
(30) days prior to the performance date of the engagement
hereunder.
3. By mutual agreement and consent of the parties, such consent to be
in writing.
B. Proper cancellation by any party shall extinguish all rights, duties, and
obligations of City and the other party to fulfill contractual obligations.
4. Independent Contractor Status
Artist is an independent contractor, and is not City's employee. This Agreement does not
create a partnership relationship, employer/employee relationship, joint venture relationship,
principal/agent relationship, or any other relationship of similar kind, and no party shall represent
itself to third parties as having such relationship.
5. Reproduction of Performance
City shall not record or permit others to record, broadcast, televise, photograph or
otherwise reproduce the visual and/or audio performance.
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$. Right to Likeness
Artist's name or likeness may not be used as an endorsement of any product or service
nor in connection with any commercial tie-up without Artist's prior written consent from Artist's
management.
7. Assignment and Delegation
No party may assign any rights or delegate any duties under this Agreement without the
other party's express prior written approval.
8. Payment of Taxes
A. Artist shall pay all income taxes, and FICA (Social Security and
Medicare taxes) incurred while performing services under this
Agreement. City will not:
1. Withhold FICA from Artist's payment or make payments on its
behalf;
2. Make state and/or federal unemployment compensation
contributions on Artist's behalf; or
3. Withhold state or federal income tax from Artist's payment.
B. If requested, City shall provide Artist with a certificate from the Texas
State Comptroller indicating that City is a non-profit corporation and not
subject to State of Texas Sales and Use Tax.
9. Notices
A. All notices and other communications in connection with this Agreement
shall be in writing and shall be considered given as follows:
I. When delivered personally to the recipient's address as stated in
this Agreement; or
2. Three (3) days after being deposited in the U.S. mail, postage
prepaid, to the recipient's address as stated herein.
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Notice to City:
Laurie Hadley, City Manager
City of Round Rock
221 East Main Street
Round Rock, TX 78664
AND TO
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Notice to Artist
Doramy Media, LLC
8956 1/2 Norma Place
West Hollywood, CA 90069
B. Nothing contained in this section shall be construed to restrict the
transmission of routine communications between representatives of City
and Artist.
10. Am3licable Law
The Iaws of the State of Texas shall govern this Agreement.
11. Exclusive Agreement
The terms and conditions of this Agreement, including all exhibits, constitute the entire
agreement of the parties and supersede all previous communications, representations and
agreements, either written or oral, with respect to the subject matter hereof. No modifications of
this Agreement will be binding on the parties unless acknowledged in writing by the duly
authorized governing body or representative for each party.
12. Audio or Visual Reiiroduction
No part, portion, or segment of Producer/Artist's performance shall be reproduced by
City using either audio or visual means without prior written consent of Producer/Artist.
13. Right to Sell Merchandise Items
A. Artist shall have the right to sell various legal merchandise items at a
suitable place or places within the venue or place of engagement, as
!I
indicated by representatives of City. City shall receive no commission on
the sale of such items.
B. City shall not knowingly allow unauthorized merchandisers to conduct
business within the venue or place of engagement.
14. Jurisdiction and Venue
This Agreement shall be governed by the laws of the State of Texas, and exclusive
jurisdiction and venue shall lie in Williamson County, Texas. The parties expressly understand
and agree that there shall be no requirements or provisions for mediation or arbitration prior to
seeking redress in the courts of Williamson County, Texas.
15. Liabilitv
City assumes responsibility for payment of costs, expenses, charges, claims, losses,
liabilities, and damages related to the subject matter of this Agreement only if and when such
specific liability is imposed upon City by a finding of negligence in the appropriate court of law.
16. Insurance
City warrants that it has complete and adequate general liability insurance relative to
potential third -party claims arising from performance of the subject matter hereof.
It is expressly understood and agreed by and between the parties hereto that City will not
provide insurance coverage, including but not limited to health, accident or worker's
compensation coverage, for the Artist, its agents, employees, volunteers, members of the
performing group, or anyone similarly situated, and that City will not provide insurance coverage
for any musical instruments, equipment or vehicles.
17. Indemnification
Artist and City each agree to indemnify, defend and hold harmless the other from and
against amounts payable under any judgment, verdict, court order or settlement for death or
bodily injury or the damage to or loss or destruction of any real or tangible property to the extent
arising out of the other party's negligence in the performance of this Agreement.
18. Sickness or Accident
In the event of sickness or if accident to Artist beyond the control of Artist, it is
understood and agreed that there shall be no claim for damages by City and Artist's obligations
as to such performance shall be waived by City, so long as Artist gives immediate notice of
sickness or accident to City.
19. Force Majeure
For purposes of this Agreement, ` farce' majeure" means an act of terror committed within
the United States of America that materially impairs business operations; a prolonged and
unforeseen strike, riot, or occurrence of civil disobedience that materially impairs business
operations; a prolonged and unforeseen shortage of fuel, labor, or material; delay related to or
caused by a severe weather event, such as a tornado, a hurricane, or flooding; interruption of
utilities; pre or other casualty; or any other act of God beyond City's or Artist's reasonable
control, which could not be avoided by the exercise of due care.
20. Inclement Weather
Notwithstanding anything contained herein to the contrary, inclement weather shall not
be deemed to be a force majeure occurrence. City shall determine in good faith whether any
such inclement weather conditions shall render the performance impossible, hazardous or unsafe.
IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate
originals on this the ffArday of the month of April, 2019.
CITY OF ROUND ROCK, TEXAS
By
Laurie P-a–Elfey,
City Manager
ATTEST:
By:
Sara L. White, City Clerk
FOR CIT , A PROVE:;a ,TO FORM:
By:
Stephan Sheets, City Attorney
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ARTIST
By: " ;?-0—
NEXT TOWN DOWN PERFORMER RIDER 2019
Contact
Management
Daniel Liss / 3pt9 Media
205.245.4640, danC@312t9.com
Tour manager
Alex Chi / 3pt9 Media
214.675.2549, alex@3pt9.com
Payment
Acceptable forms of payment are:
• Cashiers Check,
• University Check or
• Paypal: dan@3 tp 9.com (friends and family option only!)
Please make ALL DAY OF SHOW payments to Doramy Media, LLC
Below are only basic guidelines and should still be advanced as every show has its
own specifics.
Transportation:
NTD will likely be traveling in an SUV. Please provide a parking spot that will allow
them closest possible access to the venue.
Hotels:
Please provide FOUR pre -paid hotel rooms with double beds under the names:
TRE'VON WATERS
TERENCE THOMAS
MALIK KNIGHTEN
CHRISTOPHER EISENBERG
We will share these rooms among the 5 group members and traveling party.
(Per advance this hotel could be by the venue OR the airport). Please provide a
confirmation # during advance.
Dressing Room / Catering / Dinner
Please provide ONE clean, private dressing room for artist.
Dressing room should have: Wifi (please provide password), bathroom, garbage can,
seating, and electric outlets
Exhibit "A"
Dinner
Please provide dinner for 6 people (per advance) or $20 buyout per head.
Catering
Pack of room temp water bottles
Hot tea set up with fresh ginger & lemon with honey
Basic snacks
Merchandise:
Please advance prior to show
Tech/Stage:
1 Stereo PA System w/ adequate subwoofers.
1 Professional mixing console with 5 monitor sends.
5 wireless mics w/ 4 straight stands + 1 boom stand, including clips.
51EM transmitters & receivers.
!f 1EMs cannot be supplied, 5stage monitors with individual mixes will suffice.
1 D1 and 1 (at Ieast 25 ft) 1/4"(TRS) cable for acoustic guitar.
1 stereo DI and 1/8 inch cable for playback at FOH.
5 identical chairs on stage (chairs preferred over stools).
1 Guitar Stand
*please provide ALL cables, wires, etc ... the artist will ONLY be responsible for their
guitar and In -Ear headphones.
Exhibit "A"
CAA
CREATIVE ARTISTS AGENCY
2000 Avenue of the Stars
Los Angeles, CA USA 90067
+1 424 288 2000
Version #: 1
AGREEMENT made this 12th day of _Mar. 2019 between Doramv Media LLC (hereinafter referred to as "COMPANY'), furnishing the services of
the artist(s) professionally known as Next ToWn Down (hereinafter referred to as "Artist") and The Voice. Inc.. Round Rock Parks and Recreation
Department (hereinafter referred to as"PURCHASER'). It is mutually agreed upon between the parties as follows: The PURCHASER hereby
engages the COMPANY and the COMPANY hereby agrees to furnish the entertainment presentation hereinafter described, upon all terms and
conditions herein set forth, including those attached hereto entitled "Additional Terms and Conditions".
DATE LOCATION VENUE #SHOWS SHOW TIME ARTIST SET
Fri Jun 14, 2019 Round Rock, TX Old Settlers Park 1 10:00 PM Time TBD
DEAL TERMS:
$8,000.00 USD Flat Guarantee.
Deposit(s) Due:
$4,000.00 USD due upon receipt of contracts.
4,000.00 USD due onsite DAY OF SHOW or before Jun 14, 2019.
All payments shall be paid by certified check, money order, bank draft, wire transfer to Company as the payee, or cash.
All deposits shall be paid by PURCHASER to CREATIVE ARTISTS AGENCY, LLC's ("CAA") client trust account on behalf
of Company as the payee. While CAA will receive payment on behalf of Company, CAA is not the payee. Any required
income tax reporting obligations of Purchaser for payments made hereunder shall be reported as solely for Company,
regardless of payments sent to CAA on behalf of Company, including but not limited to deposits. Unless otherwise set
forth above or on the contract face, BALANCE of guarantee, plus percentage payments, if any, and sound and lights
payments, if any, to be paid by PURCHASER to ARTIST no later than prior to performance, evening of engagement.
WIRE TRANSFER SHOULD BE SENT T0:
Bank USD wire information: City National Bank
400 N. Roxbury Drive, 4th FL. Beverly Hills, CA 90210 Attn: Mariam Zakian
Creative Artists Agency - Client Trust Account
Account #: 101-797-791
ABA #: 122016066
Swift code: CINAUSK
We do not accept ACM wires.
NOTE:
Please include the name of the Artist and date of Performance on all transfers.
All transfer fees to be paid by remitter.
Billing:
Artist to receive 100% Headline billing.
Performance Length:
Artist to perform one complete set.
Sound & Lights:
Artist to use festival sound & lights, per Artist's specifications.
Support Talent:
Festival showtimes and complete stage line-up to be determined.
Additional Provisions:
*Event: Roundrock Juneteenth Festival*
Purchaser to provide and pay for:
- Backline, as mutually agreed and per advance.
- Meals, festival style.
- Hotels, per Artist's specifications
- Local ground transportation, per Artist's specifications
All advertising and promotion subject to approval by Artist management / CAA (jay.byrdasst@caa.com/424-288-2000)
Meet and Greet per advance.
DEPOSIT payment is due to CAA as noted in the deposit section on contract.
Balance of guarantee is to be paid day of show, on-site, prior to performance via certified check or money order made
payable to Artist's corporation.
Merchandise:
100% to Artist
Artist sells
• Attached riders are made a part hereof.
• If Artist is headlining this engagement: "All support talent is subject to Artist approval."
• The engagement shall not be recorded, reproduced, or transmitted from the place of performance, in any manner or by any means whatsoever,
in the absence of a specific written agreement with the Company relating to and permitting such recording, reproduction, or transmission.
Exhibit "Btr
City of Round Rock
ROUND ROCK
XA., Agenda Item Summary
Agenda Number:
Title: Consider authorizing an Artist's Agreement with Doramy Media, LLC FIS/0
NextTownDown for artist performance at Round Rock Juneteenth Festival on
June 14, 2019 at 3300 East Palm Valley Blvd.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/19/2019
Dept Director: Rick Atkins, Director
Cost: $8,000.00
Indexes: General Fund
Attachments: Agreement SIGNED Next Town Down 2019, CMAF Doramy Media
Department: Parks and Recreation Department
Text of Legislative File CM -2019-0104
For i 1 years, the Parks and Recreation Department has partnered with "The Voice", Inc. to
present the FREE Round Rock Juneteenth Rhythm and Ribs Festival at Old Settlers Park. This
event features live music (Next Town Down), health fair, moonwalks, games, food, retail
vendors and more. Parks and Recreation helps pay a portion of the artist fee to provide quality
entertainment for the event. More than 15,000 residents attend this two day event.
"The Voice", Inc. is a 501 (c) (3) non-profit organization established in 2008 to "Impact,
Empower and Enrich" the community one person at a time.
The History of Juneteenth: Juneteenth is the oldest known celebration commemorating the
emancipation of slavery in the state of Texas. Historically, the celebration falls on June 19th and
commemorates the day in 1865 that Texans were told by Union troops that the Civil War had
ended and that all slaves were now freed. Though the Emancipation Proclamation became
official on January 1, 1863, there was little impact on the lives of Texans until 1865.
Today, Juneteenth celebrates African American freedom while encouraging self -development
and respect for all cultures.
Cost. $8,000.00
Source of Funds: General Fund
Cify o1 Round Rock Page 1 Printed on 4/19/2019