HomeMy WebLinkAboutContract 61262CSC No. 61262
THE INSPIRATION BAND!!!, LLC.
Phone: 817.980.7607 1 mgr. email: carlandrebussey@gmail.com
This Agreement for musical entertainment, written and dated Mondav, January 22, 2024, is made
between the undersigned client, City of Fort Worth/ Parks & Recreation/ Forest Park Pool, as (the
"client") purchaser of the musical act and services of THE INSPIRATION BAND!!!, LLC the ("Band/
TIB!!!).
1. Place of Engagement: Citv of FTW: Forest Park Pool
2850 Park Place, Fort Worth 76110
2. Date of Engagement(s): Saturday, June 22"1, 2024
3. Performance Time: 630pm to 9:00pm (load -in 4hrs. pre -event).
4. Type of Engagement: Forest Park Pool: Concert Series.
4b. Engagement addendum: THE INSPIRATION BAND!!! WILL BE PROVIDING A TOP 40 VARIETY
PERFORMANCE TO ENTERTAIN CLIENT.
4. Compensation Agreed Upon: $3,000.00
COMMITMENT GUARANTEE: $0.00 (Non-refundable except as provided herein. Payable to THE
INSPIRATION BAND!!!, LLC by Check or Money Order or Certified Check or Credit/Debit Card*,
and due at agreement signing. Commitment guarantees received after the date of execution of this
agreement are subject to return, rendering the contract null and void, since the act has the option of
booking elsewhere without obligation to any client whose deposit and signed agreement are
overdue beyond the courtesy period.) *4% convenience charge for Credit Card Company will be
added.
Mail deposit to: (if mailing is Client's preferred method)
The Inspiration Band!!!, LLC.
10413 Lake Bend TH., Hurst, TX 76053
Digital Deposit to: (If Digital Pay is Client's preferred method) OFFICIAL RECORD
Zelle: 817.980.7607 CITY SECRETARY
Venmo: @TIB_DFW FT. WORTH, TX
CashApp: @TIBDFW
COMMITMENT BALANCE: (Subject to cancellation provisions set forth in the agreement).
$BALANCE DUE UPON ARRIVAL on PERFORMANCE DATE OF ENGAGEMENT (Payable to THE
INSPIRATION BAND!!!, LLC by Cash, CASHIERS Check or Money Order or Certified Check or
Credit/Debit Card* and PAID PRIOR TO LOAD IN, SOUND CHECK AND PERFORMANCE) *provided
a 4% convenience charge for Credit Card payments will be added.
5b. RIDER & TECHNICAL ADDENDUM (Client to provide):
• (10) VALIDATED PARKING PASSES FOR BAND MEMBERS AND MANAGER FOR
ENGAGEMENT(S).
• (3) 12 ct. CASES OF `BOTTLED' WATER (COLD), (3) 6-8 ct. CASES OF VARIOUS
`BOTTLED' JUICES (COLD) AND (3) 6-8 ct. CASES OF INDIVIDUAL `BOTTLED' BODY
ARMOUR/ POWERADE/ GATORADES (COLD, POST PERFORMANCE, SO ACT MAY
REHYDRATE)
• (18) VERY SOFT BLACK `ONLY COTTON' HAND TOWELS TO WIPE PERSPIRATION
FROM PERFORMANCE
• TABLE and/or `lockable' GREEN ROOM SPACE (climate controlled) for band to collect pre -
performance and during break.
• COURTESY MEALS* or Food Voucher for TIB!!! & Manager... (*if food is being served)
• A CLEAN, NON -WET, STABLE SECURE STAGE AREA (preferably 20' wide by 24' deep).
(COVERED /SHADED & proper ventilation/fans if outdoors... heated if cold ... off the
grass/ dirt is event is outdoors).
• PROPER LIGHTING ON STAGE FOR TIB!!! for load -in and load -out of band equipment.
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THE INSPIRATION BAND!!!, LLC.
Phone: 817.980.7607 1 mgr. email: carlandrebussey@gmail.com
• < I ndoor events> Adequate Electricity/ Power Drop Box or line to properly operate equipment
(6:20 amp outlets or 120 amps total) within 10' to/from stage.
<Outside events> Generators: KW115 with (2) power drop -box within 10' to/from stage.
• MARKETING PIECES OR LIVE MENTIONS TO READ/SAY: "THE INSPIRATION BAND!!!
or TIB!!!"
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• Client/ Event Planner to provide/ supply TIB!!! with Run -Of -Show.
• TIB!!! will also need to perform a site survey at the venue with electrical engineers/ site
coordinator before said event date.
7. OVERTIME: If and/or when agreeable to the client and TIB!!!, the time of engagement may be
extended at the pro -ratable overtime rate of $1,500.00 per hour and to be paid prior to the
overtime period.
8. CANCELLATION: (Subject to the Force Majeure provision in this agreement) of the engagement
or band services by the client of the date of engagement shall also require pavment of the balance
to TIB!!!, unless act, TIB!!! is rebooked (one time only) by the client for an open date within 30 days
of the cancelled date. In the event additional travel is required for the rebooked date, additional
travel per diem will be required to be paid by client to TIB!!! Payment of the commitment balance
will not be required if the act obtains a suitable substitute booking elsewhere, or if cancellation is
due to a verifiable death in the immediate family of the client. Cancellation by the client due to a
major storm that is in progress on the date of engagement must be received no later than 12 noon
on the date of the engagement. A client cancelling their engagement by telephone must also verify
that cancellation in writing (via dated email to CARLANDREBUSSEY@GMAIL.COM).
9. BAND BREAKS: The Inspiration Band!!! typically takes 1 or 2 breaks pending number of sets,
performance times, and an agreed upon format between TIB!!! and Client. E.g., perform 60- 90
minutes pending crowd's energy, and then Break #1 (+/- 20 minutes) ...and so on until final
set ... Final set is 60-minute performance. These breaks may vary in occurrence and/or duration due
to unforeseen circumstances at the function or due to instructions from the Client at venue.
9B. TIB!!! will provide MP3 music during band breaks to maintain ambiance of engagement.
10. FORCE MAJEURE: If, due to death, sudden incapacitating illness, accident, or other
unforeseeable circumstances and/or acts of God, TIB!!! is unable to perform as contracted in this
agreement, THE INSPIRATION BAND!!! agrees to refund the deposit, Commitment Guarantee
and all payments made by the client to or on behalf of TIB!!!. Upon such a refund, this agreement
shall become null and void, and the client shall have no further legal recourse against TIB!!! or
manager. If the act is late due to unavoidable detention (traffic, weather, etc.) the client has the
option to add that amount of time to the end of the function at no additional charge.
11. I, the undersigned, have read this document and do fully understand and agree to the terms and
conditions set forth herein.
BAND REPRESENTATIVE CLIENT
Name: CARLANDRE BUSSEY, mgr. Cory M. Stuhmer, CPO
By:
9 Athletics Coordinator,
Aquatics Park, and
Recreation
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ADDENDUM TO MUSICAL ENTERTAINMENT AGREEMENT
BETWEEN THE CITY OF FORT WORTH
AND THE INSPIRATION BAND!!% LLC
This Addendum to Musical Entertainment Agreement ("Addendum") is entered into by
and between THE INSPIRATION BAND!!!, LLC ("Vendor") and the CITY OF FORT
WORTH ("City"), collectively the ("Parties"), for musical services at Forest Park Pool.
The Contract documents shall include the following:
1. The Musical Entertainment Agreement; and
2. This Addendum.
Notwithstanding any language to the contrary in the attached Musical Entertainment
Agreement ("Agreement"), the Parties hereby stipulate by evidence of execution of this Addendum
below by a representative of each party duly authorized to bind the Parties hereto, that the Parties
hereby agree that the provisions in this Addendum below shall be applicable to the Agreement as
follows:
1. Term. The Agreement shall become effective beginning on June 22, 2024 and
expiring on June 23, 2025, unless terminated earlier in accordance with the provisions of the
Agreement or otherwise extended by the Parties.
2. Termination.
a. Convenience. Either City or Vendor may terminate the Agreement at any
time and for any reason by providing the other party with 30 days written notice of
termination.
b. Breach. If either party commits a material breach of the Agreement, the non -
breaching Party must give written notice to the breaching party that describes the breach
in reasonable detail. The breaching party must cure the breach ten (10) calendar days after
receipt of notice from the non -breaching party, or other time frame as agreed to by the
Parties. If the breaching party fails to cure the breach within the stated period of time, the
non -breaching party may, in its sole discretion, and without prejudice to any other right
under the Agreement, law, or equity, immediately terminate this Agreement by giving
written notice to the breaching party.
C. Fiscal Funding Out. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Vendor of such occurrence and the Agreement shall terminate on the last day of the fiscal
period for which appropriations were received without penalty or expense to the City of
any kind whatsoever, except as to the portions of the payments herein agreed upon for
which funds have been appropriated.
Addendum to Musical Entertainment Agreement Page 1 of 5
d. Duties and Obligations of the Parties. In the event that the Agreement is
terminated prior to the Expiration Date, City shall pay Vendor for services actually
rendered up to the effective date of termination and Vendor shall continue to provide City
with services requested by City and in accordance with the Agreement up to the effective
date of termination. Upon termination of the Agreement for any reason, Vendor shall
provide City with copies of all completed or partially completed documents prepared under
the Agreement. In the event Vendor has received access to City information or data as a
requirement to perform services hereunder, Vendor shall return all City provided data to
City in a machine readable format or other format deemed acceptable to City.
3. Attorneys' Fees. Penalties, and Liquidated Damages. To the extent the attached
Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties
or liquidated damages in any amount, City objects to these terms and any such terms are hereby
deleted from the Agreement and shall have no force or effect.
4. Law and Venue. The Agreement and the rights and obligations of the Parties hereto
shall be governed by, and construed in accordance with the laws of the United States and state of
Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement
shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement
is required to be governed by any state law other than Texas or venue in Tarrant County, City
objects to such terms and any such terms are hereby deleted from the Agreement and shall have
no force or effect.
5. Sovereign Immunitv. Nothing herein constitutes a waiver of City's sovereign
immunity. To the extent the Agreement requires City to waive its rights or immunities as a
government entity; such provisions are hereby deleted and shall have no force or effect.
6. Indemnity. To the extent the Agreement requires City to indemnify or hold Vendor
or any third party harmless from damages of any kind or character, City agrees only to indemnify
Vendor to the extent allowed by law.
7. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is
understood and agreed that all obligations of City hereunder are subject to the availability of funds.
If such funds are not appropriated or become unavailable, City shall have the right to terminate the
Agreement except for those portions of funds which have been appropriated prior to termination.
8. Confidential Information. City is a government entity under the laws of the State
of Texas and all documents held or maintained by City are subject to disclosure under the Texas
Public Information Act. To the extent the Agreement requires that City maintain records in
violation of the Act, City hereby objects to such provisions and such provisions are hereby deleted
from the Agreement and shall have no force or effect. In the event there is a request for information
marked Confidential or Proprietary, City shall promptly notify Vendor. It will be the responsibility
of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are
sufficient will not be decided by City, but by the Office of the Attorney General of the State of
Texas or by a court of competent jurisdiction.
Addendum to Musical Entertainment Agreement Page 2 of 5
9. Addendum Controlling. If any provisions of the attached Agreement, conflict with
the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or
ordinance of City, the terms in this Addendum shall control.
10. Immigration Nationality Act. Vendor shall verify the identity and employment
eligibility of its employees who perform work under this Agreement, including completing the
Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City
with copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be performed by any Vendor
employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY
CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES,
SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Seller, shall
have the right to immediately terminate this Agreement for violations of this provision by Vendor.
11. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is
for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract
with a company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms in
Section 2271 of the Texas Government Code. By signing this Agreement, Vendor certifies that
Vendor's signature provides written verification to the City that Seller: (1) does not boycott Israel;
and (2) will not boycott Israel during the term of the Agreement.
12. Right to Audit. With the exception of goods and services that are donated by
Vendor, or for which City has not paid any funds, Vendor agrees that City shall, until the expiration
of three (3) years after final payment under the Agreement, have access to and the right to examine
any directly pertinent books, documents, papers and records of Vendor involving transactions
relating to the Agreement. Vendor agrees that City shall have access during normal working hours
to all necessary Vendor facilities and shall be provided adequate and appropriate workspace in
order to conduct audits in compliance with the provisions of this section. City shall give Vendor
reasonable advance notice of intended audits.
13. Electronic Signatures. This Agreement may be executed by electronic signature,
which will be considered as an original signature for all purposes and have the same force and
effect as an original signature. For these purposes, "electronic signature" means electronically
scanned and transmitted versions (e.g. via pdf isle or facsimile transmission) of an original
signature, or signatures electronically inserted via software such as Adobe Sign.
14. The City is a governmental entity under the laws of the state of Texas and pursuant
to Chapter 2259 of the Texas Government Code, entitled "Self -Insurance by Governmental Units,"
is self -insured and therefore is not required to purchase insurance. To the extent the Agreement
requires City to purchase insurance, City objects to any such provision, the Parties agree that any
Addendum to Musical Entertainment Agreement �s"'� Page 3 of 5
such requirement shall be null and void and is hereby deleted from the Agreement and shall have
no force or effect. City will provide a letter of self -insured status if requested by Vendor.
(signature page follows)
Addendum to Musical Entertainment Agreement Page 4 of 5
IN WITNESS WHEREOF, the Parties have executed this Addendum to Musical Entertainment
Agreement in multiples.
CITY:
I
By: Opk
Name: Jesica McEachem
Title: Assistant City Manager
Date: Apr 10, 2024
By:
Name: C r�z6dre.-C Bu"ss y
Title: Director
Email:
Telephone
W %A `0-7L-07
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
By. ) aw fo -,
Name: Dave Lewis
Title: Deputy Director
Park & Recreation Department
By:
Name: Kelli Pickard
Title: Assistant Director
Park & Recreation Department
Approved as to Form and Legality:
By: I rey Qu a IY(M a r 20, 202415'.02 CD 1)
Name: Trey Qualls
Title: Assistant City Attorney
Contract Authorization:
M&C: N/A
Form 1295: N/A
Addendum to Musical Entertainment Agreement
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
110 ,,-
By:
Cory Stuhmer (Mar 21, 202410:14 CDT)
Name: Cory Stuhmer
Title: Athletic Coordinator
Park & Recreation Department
City Secretary: em44FORT��
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PVo g=d
By —
Name: Jannette S. Goodall aIN....asaa
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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