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CM-2023-121 - 5/26/2023This DJ Contract (the "Contract") effective as of May 17th. 2023 (the "Effective Date"), by and between City of Round Rock, (the "Client") and Jay Shal6/DJ Shal4. (the "DJ"), collectively mthe peItla$ w Client wishes to engage DJ to provide DJ services. DJ services shall Include providing musical entertainment at the location, date and time described in Section 1. DJ may also perform related additional services, Including making general announcements. 1. Event Date & Description. Event: Round Rock Juneteenth Venue: Outdoor Venue, Round Rock, Texas Event Date: June 17th, 2023 Event Time for DJ Services: 5:55p -12a (3 sets, closing act for the night) Event Fee(s): $7,000 + $1,500 Travel Buyout 2. Payment Non -Refundable 50% Deposit Due Upon Execution of Agreement: $5,000 Balance Due on Date of Event Prior To Playing Music: $3,500 �41_2_6 23-12 / Client agrees to fee, and payment of accommodations, roundtrip airfare, and security IN applicable) for DJ Shal6. 1 DJ Requirements. 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. By QJ DJ may cancel this Agreement at any time. If DJ cancels, she must provide a suitable, replacement DJ, subject to Client's approval, which shall be obtained in writing. In the alternative, DJ shall refund all monies previously paid by Client, including the non-refundable deposit. The DJ shall neither be held responsible nor shall a claim be made for cancellations beyond the DJ's 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(s) Impossible, hazardous, or unsafe. Force Majeure Clause: 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. 5. 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 cannot be resolved through mediation, and legal action ensues, the successful party will be entitled to its legal fees, including, but not limited to its attorneys' fees. 7. Severabi ty. In the event any provision 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. 8. Legal and Binding Agreement. 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 Agreement. 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" Signed: By:• Date: -dS//l/-L3 "DJ" Signed: By: Date: ,Ae-I&VV�v f Or ��ao�r7T Mr. q]t3 .P y City of Round Rock ROUND ROCK -EXMES Agenda Item Summary Agenda Number: Title: Agreement with Jay Shale for Juneteenth Event at Old Settlers Park on June 17, 2023. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 5/26/2023 Dept Director: Rick Atkins, Parks and Recreation Director Cost: $8,500.00 Indexes: General Fund Attachments: Jay Shale Signed Contract Department: Parks and Recreation Text of Legislative File CM-2023-121 Agreement with Jay Shale for Juneteenth Event at Old Settlers Park on June 17, 2023. Cost: $8500.00 Source of Funds: General Fund City of Round Rock page 1 of 1