7d HiTops Contract 4th of JulyCITY OF
MEMORANDUM
TO: Todd Hoffman, Park and Recreation Director ///}ti)
FROM: Jerry Ruegemer, Recreation Supervisor
DATE: February 19, 1997
SUB J:
Approval of the Hi-Tops Contract, 4th Of July Celebration
The Park and Recreation Commission at the January 28th meeting, elected to have the
Fabulous Hi-Tops perform again for this years 4th of July Celebration. The perfo~Tnance
will be Thursday, July 3 from 7:00 - 1 t:00 p.m. The terms of the contract will pay the
Fabulous Hi-Tops $1500 for the 3 hour engagement.
In the event of severe weather and cancellation, the rainout fee will be $750.00. If the Hi-
Tops perform a portion of the show the fee wilt be pro-rated.
The Park and Recreation Commission will be very happy with selecting the Fabulous Hi-
Tops to perform. They have added a new guitar player and are constantly improving by
updating their show and music.
RECOMMENDATION
It is staff's recommendation that the Park and Recreation Commission approve the
contract for the Fabulous Hi-Tops to perform at the 1997 Fourth of July Celebration on
Thursday, July 3 from 7:00 ~ 11:00 p.m.
Attachment:
1. Contract with the Fabulous Hi-Tops
g:\,parkX4%approvalhi-tops.men]
IENGAGEMENT CONTRACTI
I. PARTIES: The parties to this contract are:
ARTIb~.
Johll B. Krumm
0rome of leadc0
The Fabulous Hi-Toys
(name of band/act/group, number of performers)
4028 France Ave. N.
(address)
Robbi~sdale~ Mtmae~ota 55422
(city, state, zip code)
PURCHASER:
Jerry Ruegemer, ~ecreattom Supervisor
(name)
City of Chanhasse~
(business name, if any)
690 Coulter Drive, P.O. Box 147
(address)
Chalhassen, Mi~.esota 55317
(city, state, 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 tile terms and conditious 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
inadvisable, 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. LIABIL!T~ Purchaser agrees to indemnifD 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.
I0. 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 pay including all attorney'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
conclusive, final and binding upon the parties. Itl 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.
(CONIINUED)
ENGAGEMENT CONTRACTI
TERMS AND CONDITIONS:
(A) Name and place of engagement:
.Vinnesota
City of Chanhassem, 690 Coulter Drive, Chanhassen,
(Purchaser agrees to ensure that six to seven separate 20 amp. circuits will be available to
provide adequate electrical powen) Jerry Ruegemer 937-1900, Ext. 126 (Office)
(B) Contact person and telephone number for set-up Reereatima Sul~ervisor 6l~3-5931 (Pager)
(Please allow two hours set-up time and one hour take-down time.)
(C) Dates, starting and finishing time of engagement ?hursday, July 3, 1997 (7:00-11:O0p.m.)
(Artist will provide three hrs. of programmed sets of music. Requests will also be accepted.)
(D) Type of engagement (spezify whether dance, stage show, banquet, night club, etc.).
I~clepondence Day Celebratio~ - stage a~d dance show
(E) Compensation (amount, terms, when payable) $1,500.00 by check immediately after the
e nga geme nt
(F) Commission to agent None
(G) Additional provisions In the event of severe and threatening weather whereby the l~and
cannot perform, the rainout fee will be gT~O.O0. If the band can perform for part of
the evening, the proportion performed will be added to the g750.00. For example,
if two one hour sets can be performed, the fee would be $750.00 plus ~750.O0(.67) or
The l-liqbps' 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 ARTIST:
DATED:
SIGNED:
FOR TIqE PURCHASER:
DATED:
SIGNED:
Vet 3.27 g/24194