CM-2023-097 - 5/12/2023PERFORMANCE AGREEMENT
Purchaser and Artist or its Agent agree that the following provisions are incorporated into the contract to which
it is attached and made a part thereof, said contract being signed and dated 5/5/2023 . The parties
agree that the terms of this attachment prevail over the terms of any other document relating to and a part of the
contract in which this attachment is incorporated.
1. PAYMENT AND COMPENSATION. Purchaser will make payment by check to Artist immediately after
completion of the performance(s), unless otherwise previously agreed in writing by Artist and Purchaser. Payment
of performance fee cannot be made until a copy of Artist's W-9 and Social Security number or federal
identification number (FEIN) is provided to Purchaser.
2. ARTIST'S RIGHT TO TERMINATE. If Artist is entitled to deposit payment as provided above, and the
deposit has not been paid within the time specified, Artist shall have the right to terminate this agreement without
any further obligation upon THIRTY (30) days notice.
3. CANCELLATION. Artist reserves the right to cancel this Agreement without obligation upon notice to
Purchaser thirty (30) days in advance of the Performance date. In the event of Artist's cancellation, the deposit
payment (if any) shall be returned promptly. If Purchaser cancels the performance less than thirty (30) days before
the performance, Purchaser will pay Artist 100% of the guaranteed fee for the performance. If Purchaser cancels
the performance less than two weeks before the performance, Purchaser will pay Artist 100% of the guaranteed fee
for the performance. The parties agree that such payments are reasonable in light of anticipated or actual harm
caused by the cancellation and the difficulties of proving the actual damages to the Artist.
4. FORCE MAJEURE. Neither Artist nor Purchaser shall be liable for failure to appear or perform its
obligations under this agreement in the event that such failure is caused by or due to the acts or regulations of
public authorities, labor difficulties, civil tumult, inclement weather, strike, epidemic, interruption or delay of
transportation service, or any other legitimate cause beyond the control of Artist and Purchaser. In the event of an
act of Force Majeure, the parties agree to reschedule the performance to a mutually agreed upon date and time.
5. SICKNESS AND ACCIDENTS. Artist's agreement to perform is subject to proven detention by sickness or
accident. In the event of such non-performance, the deposit payment (if any) advanced to the Artist shall be
returned promptly.
6. PROMOTION AND PRODUCTION. Purchaser shall be responsible for all matters pertaining to the promotion
and production of the scheduled engagement, including but not limited to venue rentals, security, and advertising.
Purchaser agrees to promote the scheduled performance(s) and will use its best efforts to obtain calendar listings,
feature articles, interviews of Artist, reviews of the performance and Artist's recordings in all local prints, radio,
and television media. Purchaser shall forward all copies of clippings, reviews, and posters to Artist. Artist agrees
that Purchaser may use Artist's name, pictures, photographs, recordings, and other likenesses in connection with
advertising and publicizing the engagement(s) hereunder, but such use shall not be without prior approval of
Arti st.
7. SALE OF MERCHANDISE. Purchaser shall not permit any other sale or distribution of merchandise bearing
Artist's trademarks or image. Purchaser shall provide a six-foot table and two chairs, or other accommodations
mutually determined to be appropriate to the venue, for merchandise sales. Merchandise will be prominently
placed so as to maximize sales.
B. VIDEO AND AUDIO TAPING. Purchaser shall not, and shall not permit any person to, record, broadcast or
digitally stream in any manner whatsoever, Artist's performance without prior express written consent from Artist.
Artist and/or his designees shall have the right to record the performance and to use the recordings as Artist sees
fit. Purchaser shall have no interest or rights of any kind whatsoever in or to any such recordings of Artist's
performance during this engagement.
eA 4-2- 2,R--c?- 7-7 -
9. TECHNICAL RIDER. Sound and/or lighting equipment and/or services shall be set forth in more detail in a
Technical Rider signed by both parties and attached and incorporated hereto.
10. DRESSING ROOM. Purchaser shall provide one (1) safe, clean dressing room(s) with lock(s).
Special arrangements shall include: SEE ATTACHED RIDER
11. HOSPITALITY. Unless otherwise indicated, Purchaser will provide an allowance of hot and cold beverages
in the dressing room for the sole use of band and crew members. Special arrangements shall include:
SEE ATTACHED RIDER
12. SECURITY. Purchaser shall provide adequate security so as to guarantee the safety of the audience and the
Artist. Purchaser will ensure that no unauthorized persons will have access to the stage or backstage area, and
the band will provide names of persons or guests authorized to be backstage. Purchaser shall be responsible for
any theft or damage to the equipment of Artist that may occur during the time that the equipment is a located on
Purchaser's premise. Special arrangements shall include: -.
13. BACKGROUND MUSIC. Artist shall approve all background music played before and after Artist's
performance.
14. PYROTECHNIC DEVICES. No pyrotechnic devices shall be used without the prior express written consent
of both Artist and Purchaser. Any such device shall be subject to applicable lire laws and shall be administered
by a person with professional experience in pyrotechnics. Purchaser shall he responsible for obtaining all
applicable permits.
15. INDEPENDENT CONTRACTORS. Artist acknowledges that it is an independent contractor and not an
employee of the Purchaser and shall be responsible for all taxes. Purchaser shall control the times and division
of the performance, and Artist shall control the manner, means, and details of such performance.
16. INSURANCE. Purchaser shall obtain and maintain, at its own expense, adequate personal injury and property
damage liability insurance coverage and such coverage shall extend to all activities related to Artist's engagement
and performance, including time of set up and take down. Except for claims arising from Artist's willful or
intentional acts, Purchaser shall indemnify Artist for any third -party claims.
17. NO PERSONAL LIABILITY OF PURCHASER'S REPRESENTATIVES OR AGENTS. Any representative
of Purchaser executing this contract as Purchaser or an agent thereof shall not be held personally liable for the
payment of any costs or fees related to this contract.
18. ASSIGNMENT, ENTIRETY OF AGREEMENT, GOVERNING, JURISDICTION, AND MEDIATION. This
agreement cannot be assigned or transferred without the written consent of artist. This agreement constitutes the
entire agreement between the parties. No modification shall be enforceable except in writing and signed by the
parties hereto. This agreement shall be governed by the laws of the state of TEXAS . In the event any dispute
arising under this agreement results in litigation, arbitration, or mediation, such action or proceeding shall be
brought within the state or federal courts of TEXAS . Mediation of any dispute arising from this agreement shall
be conducted in accordance with the rules of the Arts Resolution Services, a program of the St. Louis Volunteer
Lawyers and Accountants for the Arts.
19. SEVERABILITY. If any provision of this Agreement or the application thereof is held invalid, the invalidity
shall not affect other provisions or applications of this Agreement which can be given effect without the invalid
provisions or application, and to this end the provisions of this Agreement are declared to be severable.
20. REPRESENTATIVE'S AUTHORITY TO CONTRACT. By signing this document, the representative and/or
agent of the Artist hereby represent that such person is duly authorized and that the Artist agrees to be bound by
the provisions of this Agreement. It is expressly understood and agreed that in acting hereunder solely in the
capacity of representative or agent of Artist, said person is not a party to this contract and shall not be liable or
responsible in any way for the omissions of Artist, nor for any failure by Artist to adequately perform or comply
with any term or condition hereof.
Performance Agreement
THIS AGREEMENT for the personal services of performing artists on the engagement described below
between the undersigned City of Round Rock, Texas, as purchaser of performance services ("Purchaser") and
the under- signed artist or ensemble and /or its agent ("Artist") is made this _ day of May, 2023.
A. BASIC TERMS:
1. Name of Artist: Michael Beverly Whitfield Jr.
Address: 1221 Shadow Ridge Crossing
City: 07allon State: Illinois Zip: 62269
Telephone: (618) 501-7546
E-mail address: info@michaelbwhit.com
2. Place of Engagement: Old Settlers Park, Round Rock, Texas
3. Date(s) of Services: July 41, 2023
Number of sets and duration: T 2 sets: One 1 hour each - One (1)set how prior to fireworks
and One (1) set hour post fireworks
Time for load -in: 7/4/2023, 2:00p
6 Time for sound check: 7/4/2023, 2:00 ; after load -in
B. PAYMENT OF ARTISTIC FEES:
1. Compensation Agreed Upon: $6,000.00
2. Amount of Deposit: $3,000.00 Date Due: May 12`s, 2023
3. Time of Payment: Fees will be paid by Purchaser's' check to be presented to
Artist after performance on July 4. 2023.
4. Artist requests its check be made payable to: Michael B. Whit DBA
S. Artist's Social Security Number or Employer Identification Number:
. Attached W-9 must be completed and returned in order for
payment to be processed.
6. The Purchaser's Contractual Provisions are attached and incorporated herein.
Purchaser requires that a representative of the Artist sign and return
the hed provisions, which are an integral element 4f this Agree" t. J, n
Artist Purchaser: J U t
By:—
Name: _____..__.... Name:
Title: Title:
�1�/2
No Text
City of Round Rock
ROUND RACK
rEXAs Agenda Item Summary
Agenda Number:
Title: Performance agreement for Fourth of J..,y entertainment, Michael B. Whitfield
Jr.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/12/2023
Dept Director: Rick Atkins, Parks and Recreation Director
Cost: $6,000.00
Indexes: General Fund
Attachments: Michael B. Whitfield Jr. Entertainment Agreement
Department: Parks & Recreatlon
Text of Legislative File CM-2023-097
Performance agreement for Fourth of July entertainment, Michael B. Whitfield Jr.
Cost: $6,000.00
Source of Funds: General Fund
City of Round Rock Page 1 of I
No Text