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CM-2021-117 - 4/23/2021This DJ Contract (the "Contract') effective as of AP6 L 12021 Ph, "Effective Datr'), by and between the City of Round Rock Parks S Recreatlon Department, (the "Client") and Jay ShalE/DJ Shald, (the "DJ"), collectively 'the Parties.` Client wishes to engage DJ to provide DJ services. DJ services shall Include providing musical entertainment at the location, date and time described in Sectkm 1. DJ may also perform related additlonal services. Including making general announcements. 1. Event Date & Description. Event: Round Rock Junetoenth Venue: Outdoor Venue. Round Rock, Texas Event Date: June 19th, 2021 Event Time for DJ Services: 5:30p-10:30p Event Fee(sj $3,500 DJ Fee. $1,500 Travel/Lodging Buyout 2. Payment Non -Refundable 50% Deposit Due Upon Execution of Agreement: $3,260150% of DJ Fee, Full Travel/Lodging Buyout) eIP-- 262, 11-4- Scanned with CamScanner Balance Due on Date of Event Prior To Playing Music: $1,750. cilent agrees to fee, and payment of accommodations, roundtrip airfare, and security (it applicable) for DJ Sha16. 3. DJ Requlmment L Technical requirements, DOS hospitality, flight, transportation and accommodation to be fulfilled by the Client, as outlined In rider. 4. Cancellation. By Client_ Client may cancel this Agreement at any time prior to the event. Upon cancellation, Client will be entitled to a refund of any monies paid, except for the non-refundable deposit ULU DJ may cancel this Agreement at any time. If DJ cancels, she must provide a suitable, replacement DJ, subject to Client's approval, which shad be obtained in writing. In the alternative, DJ shall refund all monies previously paid by Client. Including the non-refundable deposit The DJ shal nelther be held responsible nor shall a claim be made for cancellations beyond the DYs. control. Including technical difficulties based on equipment provided to DJ: or for concerts affected in ways such as, public calamity or riots, epidemic. fire, inclement weather, serious illness or injury or other Incapacity of the DJ certified by a proper qualified medical practitioner. It Is the DJ's sole right to determine In good faith whether any such conditions shall render the Performance(%) Impossible, hazardous, or unsafe. S. Exclusivity. It is at the Artist's discretion This Contract does not bind the Artist to solely work with the Client for any months prior or after the event date. 6. Dispute Resolution and Legal Fees. In the event of a dispute arising out of this Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter Scanned with CamScanner cannot be resolved through mediation, and legal anion ensues, the successful party will be entitled to its legal fees, including, but not limited to its attomeys' Fees. 7. Severability. In the event any provisW of this Agreement Is deemed Invalid or unenforceable, In whole or In part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable. a. Legal and Binding Agr**menL This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered Into and Is legal and binding both In the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Agreement. 9. Governing Law and Jurisdiction. The Parties agree that this Agreement shall be governed by the State and/or Country In which both Parties do business In the event that the Parties do business In different States and/or Countries. this Agreement shall be governed by Georgia law. 10. Entire Agr*enr*nL The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so In writing to be signed by both parties. The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows: *CLIENT" g Ely: Date: Scanned with CamScanner •0,w Signed: Y Aar, KtY�oyr j:hlV shout Date: p [ 121 Scanned with CamScanner Addendum A DJ Contract with Jay Shalk/DJ Shalk Egrce Maleure Clams No party hereto will be responsible for the performance of any of its obligations hereunder if prevented, delayed or hindered by war, riots insurrection, embargoes, strikes, concealed acts of workmen, casualty, accidents, acts of terror, an epidemic or pandemic, a public health emergency, a declaration of disaster, or any other occurrence beyond such party's control. In the event the performance cannot be held as a result of a Force Majeure event, the parties shall re -schedule the performance to a mutually agreed upon date and time. The terns set forth in the executed DJ Contract shall remain in effect for the re -scheduled performance date and time. The Parties agree to the terms and conditions set forth above in this Addendum A as demonstrated by their signatures as follows: "CLIENT" City of Round Rock, Texas Signed: By: Date: " ■" Jay Shalf/DJ Shall; Signed:,- '�t�Vl.Nti By: �bYtEon i �A"{ fI�}Ll Date: Ll I I U i 2 Scanned with CamScanner No Text ROUND ROCK TEXAS City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing an Artist's Agreement with lay Shale/DJ Shale for performance at the 2021 Juneteenth Festival. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 4/23/2021 Dept Director: Rick Atkins, Director Cost: $5,000.00 Indexes: General Fund Attachments: JayShale Signed Contract, Jay5hale Deposit Invoice - 0085, LAF Artist Agreement Department: Parks and Recreation Department Text of Legislative File CM-2021-117 For more than 13 years, the Parks and Recreation Department has partnered with The Voice Inc. to present the FREE Juneteenth Rhythm and Ribs Festival at Old Settlers Park. The event includes live entertainment, health fair, specialty food, retail vendors and more! 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. Cost: $5000.00 Source of Funds: General Fund City of Round Rock Page 1 of 1