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HomeMy WebLinkAbout2023-11-20 I01C_01_c 4th of July Celebration_Schmidt Brothers AgreementAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: November 20, 2023 AGENDA ITEM:Consideration of approval of resolution approving agreement with Schmidt Brothers & Atomic Music Group [Independence Day Celebration 2024] FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: The Parks & Recreation Department is working with Atomic Music Group to provide an opening musical act for the 2024 Independence Day Celebration. The agreement with Schmidt Brothers is $2,500 and is in the FY24 budget for the celebration. Staff recommend approval of the agreement. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $2,500.00 COMMISSION/BOARD/COMMITTEE COMMENT: Park Board has reviewed and approved the agreement. STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve Agreement. ATTACHMENTS: I. Schmidt Brothers & Atomic Music Group Agreement PREPARED BY:Josh VandeKamp, Assistant Parks & Recreation Director REVIEWED BY: Matt Jermier, Parks & Recreation Director I1C1c THE CITY OF WAUKEE, IOWA RESOLUTION 2023- APPROVING AGREEMENT WITH SCHMIDT BROTHERS AND ATOMIC MUSIC GROUP [INDEPENDENCE DAY CELEBRATION 2024] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City of Waukee annually hosts a 4th of July celebration with activities and amusements for all ages; AND, WHEREAS, the City of Waukee Park Board wishes to enter into a contract with Atomic Music Group and the band Schmidt Brothers as the opening musical act for the 2024 Independence Day Celebration; NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the Agreement between the City of Waukee, Iowa, Schmidt Brothers and Atomic Music Group, is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved this the 20th day of November, 2023. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair THIS CONTRACT for the personal services of Artists on the engagement described herein, made this day: 10/30/2023 between Waukee Parks & Rec (herein called "PURCHASER") and, Personal (herein called "ARTIST") The artists are engaged on the terms and conditions on the face of this contract. The undersigned artist representative represents that the artists party designated herein has agreed to be bound by the terms and conditions hereof. 1. Engagement (Location) Centennial Park (Address) 1255 S Warrior Lane Waukee, IA 50263 2. Band or Group Name: Schmidt Brothers Show Length: 2 sets Artist shall have 75% Special Guest Star Billing and perform immediately prior to 3. SOUND CHECK MANDATORY. 4. NO TAX DEDUCTIONS OR FACILITY FEES ALLOWABLE. 5. Engagement date: 7/4/2024 6. Engagement Details: All Ages Capacity: 2000 TIX: ADV DOS GROSS POTENTIAL: $0.00 MERCH RATE: 100% Artist Sells 7. WAGE AGREED UPON: $2,500.00 flat guarantee Hospitality, Sound & Lighting System as per attached specifications, to be provided by Purchaser, at no cost to Artist. $1250 Deposit Due by 1/5/2024, Balance to be paid in cash prior to performance, day of show. 8. Artist’s management requires prior approval of all support acts. 9. No recording or broadcasting of any type is permitted without prior written consent of Artist’s management. 10. The wages disclosed herein include all expenses Purchaser has agreed to reimburse in accordance with the attached schedule, or a schedule to be provided by Purchaser on or before date of engagement. The schedule reflects maximum estimated amounts. In the event any of these expenses are higher they will be at Purchasers sole cost. If they are less, the split point will be adjusted down accordingly. 11. It is expressly understood by all parties hereto that the Purchaser has no right to supervise the services of the artists on the engagement and Purchaser has no right to control the manner, means, and details of the performance of services by the musicians/artists including the leader. 12. The obligation of musicians/artists to performance services hereunder is expressly subject under California law, to proven detention by personal illness, accidents, riots, acts of terrorism, strikes, acts of God, or other legitimate conditions within artists control. 13. It is expressly understood by the parties to this contract that neither AMG nor its officers are parties to this contract in any capacity and that neither AMG nor its officers are liable for the performance or breach of any provisions hereof. 14. Purchaser must sign and/or initial, and return, each page of this contract and rider. 15. All OUTDOOR performances are RAIN OR SHINE. Artist to be paid in full regardless of weather related issues. Deposit Instructions can be found @ www.atomicmusicgroup.com/deposits.pdf password: AMG It is understood that if deposits are not received on or before due date, cancellation of performance may occur without prejudice to performance fee due. Purchaser and Artist agree that receipt of this contract by AMG in accordance with the terms hereof, and commencement of performance shall be adequate confirmation of all terms embodied in this contract and rider, and shall be binding on all parties, whether the contract is signed or not. LOAD IN: DOORS OPEN: SHOW TIME: ON STAGE: 1389634 Per Advance TBA 4pm 4pm X X Atomic Music Group 638 Lindero Canyon Road Suite 261 Oak Park, CA 91377 (f) 877 795 7519 805 University Ave Winterset IA 50273 (515) 978-0007 dedwards@waukee.org Waukee Parks & Rec Danae Edwards 511 4th Street Vinton, IA 52349 EIN: 479-29-1353 Samuel Schmidt Personal #