12a HiTops Contract; 4th ofJulyCITY OF
690 COULTER DRIVE · P.O. BOX 147 · CHANHASSEN, MINNESOTA 55317
(612) 937-1900 · FAX (612) 937-5739
MEMORANDUM
TO:
FROM:
DATE:
SUB J:
Todd Hoffman, Park & Recreation Director
Jerry Ruegemer, Recreation Supervisor
February 20, 1996
Hi-Tops
The Park & Recreation Commission discussed booking the Fabulous Hi-Tops again for this
year's 4th of July Celebration's street dance. I have tentatively booked the Hi-Tops for
Wednesday, July 3 from 7-11 p.m. They would be paid $1,500, which is an increase of $50 from
1995.
The City of Chanhassen had the agreement with the Hi-Tops last year that in the event the
performance was canceled due to severe weather, they would be paid $750. Since the Hi-Tops
are a popular group, it is virtually impossible to schedule a rain-out date. The City of
Chanhassen would like to use the rain-out provision again for this year's performance on July 3.
In the event the performance is canceled, the Hi-Tops will be paid $750.
The probability of the show being canceled is a small percentage. None of their performances
have been canceled since they began playing here many years ago.
It is staff's recommendation that the Park & Recreation Commission approve the contract with
the Hi-Tops for $1,500 to perform at the 1996 Fourth of July Celebration. Staff also
recommends the Commission approve the rain-out provision of $750 compensation which will
be paid to the Hi-Tops in case the performance is canceled.
Attachment
1. Tentative contract with the Fabulous Hi-Tops
]ENGAGEMENT CONTRACTI ~z ·
11. TERMS AND CONDITIONS:
(A) Name and place of engagement: City of Chanhassen, 690 Coulter Drive, Chanhassen,-
ginneseta
(Purchaser agrees to ensure that six to seven separate 20 amp. circuits will be available to"
provide adequate electrical power.) ,Terry Rue~emer 937-1900, Ext. 126(Office)
(B) Contact person and telephone number for set-upReereation Sugervisor 643-~33/{Pager}
(Please allow two hours set-up time and one hour take-down time.) 476-2086 theme)
(C) Dates, starting and finishing time of engagement WednesdaY, July 3, 1996 (7:00-11:O0p.m.)
(Artist will provido three hrs. of programmed sets of music. Requests will also be accepted.)
(D) Type of engagement (specify whether dance, stage show, banquet, night club, etc.).
Independence Day Celebration - stage and dance show
(E) Compensation (amount, terms, when payable) $1,500~O0 Wy cheek immediately after the
engagement
(F) Commission to agent None
(G) Additional provisions In the event ef severe and threatenin~ weather whereby the ba~d
cannet ~erf~rm, the raineut fee will be $750.00. If the ban~ can ~erferm fer ~art af
the evening, the grogortien gerfermed will be added te the $750.00. For example,
if two one hour sets can be performed, the fee voul4 he $750.00 plus $750.00( .67) er
$1,252.50.
The HiTops' Federal I.D. number is: 41-1637492
Please sign and date both copies and return one completed copy to:
Retain one completed copy for your records.
John Krumm
4028 France Ave. N.
Robbinsdale, Mn. 55422
FOR THE ARTISZ
t
DATED:
FOR THE PURCHASER:
DATED:
SIGNED:
Vex. 3.27 g/24194
IENGAGEMENT CONT ACfl
I. PARTIES:
~ARTIgg.
John ]~. Kvumm
The parties to this contract are:
(name of leadcO
The Fabulous Hi-To~s
(name of band/act/group, number of performers)
4028 France Ave. N.
(address)
Ro~inslale, Ninnesota 55422
(city, state, zip cod~
PURCHASER:
Jerry ~uegemer, Recreation Su~erviser
(name.)
City of Chanhassen
(business name, if any)
690 Coulter Drive, P.O. hex 147
(address)
Chanhassen, ~inneseta 55317
(city, ~tate, zip code)
2. PURPOSE: This contract sets forth the terms and conditions for an engagement in which the
purchaser employs the artist's professional services as a musician/musical group.
3. PURCHASER'S DUTIES: Purchaser agrees to employ..the artist for professional services as a
musician/musical group. Purchaser agrees to the 'terms and conditions of the engagement and
compensation for the artist as set forth below in paragraph eleven.
4. ARTIST'S DUTIES: Artist agrees to provide professional services as a musician/musical group
and to perform the engagement according to the terms and conditions as set forth below in paragraph
eleven. The agreement of the artist to perform is subject to proven cancellation for sickness, accidents,
riots, strikes, epidemics, extreme weather conditions such as a blizzard which would make travel
'-'anadvisable, Acts of God, or any legitimate conditions beyond their control.
5.. ARTIST'S WARRANTIES: Artist/leader warrants that the individual band/group members
working this engagement have given him/her the power to bind them to the terms and conditions of
this contract. Each musician may enforce this engagement contract.
6. PURCHASER'S WARRANTIES: Purchaser warrants there will be no recording, reproduction or
transmission from the place of the engagement in any manner or by any means whatsoever without
written consent of the artist.
7. INDEPENDENT CONTRACTOR: Artist is an independent contractor and is not an employee of
the purchaser while rendering as a musician/musical group.
8..LIABILITY: Purchaser agrees to indemnify, defend and hold artist harmless from and against any
and all claims, costs or liability for damage or injury to any person or property during artist's
engagement, including time of set-up and take-down.
9. RESCHEDULING: Artist and purchaser reserve the right to reschedule engagement date 60 days
prior to actual engagement.
10. BREACH OF CONTRACT- ARBITRATION OF CLAIMS: In the event purchaser fails to
pay artist in accordance with this agreement, purchaser shall pay artist all sums due plus all damages
incurred as consequence of the failure to_oily includillg all attornev:s .fees._arbitration .or-court.costs
filing fees and disbursements. In accordance with the laws of the State of Minnesota, the parties will
submit any claim, dispute or controversy involving the musical services arising out of or connected
with this contract and the engagement covered hereby for a determination. Said determination shall be
'"' onclusive, final and binding upon the parties. In connection with the foregoing, the parties do
hereby consent to either arbitration through the American Arbitration Association or the judgement of
the court having jurisdiction. If any of the provisions hereof are determined to be void by a court,
the remaining provisions shall remain in full force.
(CONTINUED)