[2022-113 Contract Doctor Soos Entertainment Attachment.pdf]
Performance Agreement
THIS PERFORMANCE AGREEMENT (the "Agreement") is made and executed at North Olmsted,
Ohio, by and between the City of North Olmsted, an Ohio municipal corporation (hereinafter, "City”)},
whose main office is located at 5200 Dover Center Road, City of North Olmsted, Ohio 44070, and
PAUL SOOS (hereinafter, "Artist"), whose main office is located at 1418 23 St. NW, Canton, OH 44709.
WHEREAS, City conducts the event known as SATURDAY IN THE PARK CONCERT SERIES
(hereinafter referred to as the "Performance "); and
WHEREAS, City desires to hire Artist, as independent contractor{s), to provide the Performance
generally described below (the "Performance"); and
WHEREAS, Artist desires to provide such Performance;
The parties agree as follows:
1. Artist: The names and addresses of the Artist who will appear during the Performance.
Name(s}: E5C4P3 - THE JOURNEY TRIBUTE
Address: 1418 23 St. NW, Canton, OH 44709
2. Place of Performance: The place of performance is at THE CITY OF NORTH OLMSTED PARK
GAZEBO, 28114 LORAIN RD. NORTH OLMSTED, OH 44070
3. Date and Time of Performance:
The date(s) of the Performance shall be AUGUST 12, 2023 _, and the time(s) of the Performance shall
be _6:00PM-9:00PiV_. This Performance shall be __3 HRS. hours with a 15-minute intermission.
4. Performance: The Performance is generally described as: LIVE BAND CONCERT
5. Agreement to Perform: Artist agrees to provide the Performance in accordance with the
terms of this Agreement and any addendums hereto. Artist shall provide a playlist to City at least seven
(7) days in advance of Performance. While Artist is given liberty to select a playlist for the Performance,
Artist agrees that Performance shai] not include messages that offend community standards of decency
including, but not limited to, content that appeals primarily to prurient sexual interests or is obscene, or
pornographic; announcements whose primary purpose is to disparage or promote any person or class of
persons, particularly with regard to race, gender, national origin, age, religion, economic status,
handicapped status, or sexual orientation; and announcements advocating the passage or defeat of an
issue or candidate at an election.
6. Price of Performance: City agrees to pay Artist an aggregate of SEVEN THOUSAND FIVE
HUNDRED DOLLARS ($7,500.00) for the Performance by check immediately following the Performance
("Performance Fee"). This payment shall constitute the total payment for all individuals performing, if
the Artist's performance involves more than one individual. Payment of Performance Fee cannot be
made until a copy of the Artist's W-9 and Social Security Number{s) or Federal Tax identification Number
is provided to City. The check shall be made payable to: Doctor Soos Entertainment, LLC.
7. Recording, Reproduction or Transmission of Performance: Artist expressly authorizes City to
record, broadcast or digitally stream video and/ or audio of Performance. Artist further authorizes the
use and reproduction of photographs / video of Performance. City's use of such Performance shall be
limited to promotional publications by the City, the City's webpage and the City's Cable Channel access.
City shall not sell copies of the Performance without express written consent of Artist.
8. Cancellation/ Excuse of Obligations: City and Artist shall be excused from their obligations
hereunder in the event of any legitimate condition or occurrence beyond their respective control,
without further obligation to the other, Because this is an outdoor venue, the parties agree that in the
event of adverse weather requiring postponement of the Performance, each shall use reasonable due
diligence to agree upon one {1} additional date at the time of cancellation.
9. Merchandising: Artist may sell goods or products or otherwise distribute promotional
materials at a table to be provided by City, if requested.
10. Promotion: City shall be entitled to advertise and promote the appearance of Artist and the
Performance. Artist acknowledges that City will rely on the terms hereof in all such promotions and
advertising and in the brochures to be printed setting forth the names, dates and times of all
performances to be held. Artist hereby acknowledges and agrees that City may use their names,
photographs, likeness and any other promotional materials in all of such promotions, advertising or
other activities used to increase attendance at performance.
11. Stage: City shall furnish the stage and electricity. Artist shall provide additional stage lighting
and sound equipment for the Performance. Artist shall setup for the Performance and takedown after
the Performance.
12. Authority to Execute: The representative who ts executing this Agreement on behalf of
Artist(s) hereby warrants and represents that s/he has the full power and authority to bind Artist{s) on
whose behalf s/he is executing this Agreement and acknowledges that s/he is making this
representation and warranty with the understanding that City is relying thereon.
in Witness Hereof, this Agreement ts executed on the date first above written.
Presenter (Authorized signature)
By:
Date: October 26, 2022
The City of North Olmsted, Chio
By:
Nicole Dailey Jones, Mayor
FISCAL OFFICER'S CERTIFICATE
|, the Director of Finance of the City of North Olmsted, Chio, and the Fiscal Officer of the said
City, do hereby certify that the funds required by this contract with
have been lawfully appropriated for such purpose and are in the treasury, or in the process of collection
to the credit of an appropriate fund free from any previous encumbrances and not appropriated for any
other purpose.
Carrie B. Copfer
Director of Finance
City of North Olmsted, Ohio
Date
APPROVED AS TO LEGAL FORM:
Michael R. Gareau, Jr.
Director of Law
City of North Olmsted, Ohio
Date
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[2022-113 Contract Doctor Soos Entertainment.pdf]
CITY OF NORTH OLMSTED
RESOLUTION NO. 2022 - 113
By: Mayor Jones
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A
PERFORMANCE
AGREEMENT
WITH
DOCTOR
SOOS
ENTERTAINMENT LLC. TO PROVIDE A CONCERT IN THE NORTH
OLMSTED PARK BY THE BAND “E5C4P3 – THE JOURNEY TRIBUTE”
AS A PART OF THE SATURDAY IN THE PARK CONCERT SERIES, AND
DECLARING AN EMERGENCY.
WHEREAS, the Director of Recreation and Public Engagement recommends and
requests authorization from this Council for the Mayor to enter into a Performance Agreement
with Doctor Soos Entertainment, LLC. for a concert to be performed by the national act E5C4P3
– The Journey Tribute on August 12, 2023 as a part of the Saturday in the Park Concert Series;
and
WHEREAS, it is the desire of this Council, based on the recommendation of the
Administration, to authorize the Mayor to enter into a Performance Agreement with Doctor Soos
Entertainment, LLC, as described in Exhibit A; and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
NORTH OLMSTED, COUNTY OF CUYAHOGA, AND STATE OF OHIO:
SECTION 1: That the Mayor be and she is hereby authorized to enter into a
Performance Agreement with Doctor Soos Entertainment, LLC., a copy of which is attached as
Exhibit A, to provide a concert on Saturday, August 12, 2022 at a cost of $7,500.00.
SECTION 2: That this Resolution is hereby declared to be an emergency measure
immediately necessary for the preservation of the public health, safety and welfare and for the
further reason that it is necessary to lock in the band for this date at this time or else risk the loss
of the opportunity to secure a national performer for the concert series; and further provided it
receives the affirmative vote of two thirds of the members of Council, it shall take effect and be
in force immediately upon its passage and approval by the Mayor.
PASSED: ________________________
First Reading: _______________
Second Reading: _______________
Third Reading: _______________
Committee: __________________
2
ATTEST:
_____________________________
__________________________
BEATRICE TAYLOR
LOUIS J. BROSSARD
Clerk of Council
President of Council
APPROVED: _____________________
APPROVED AS TO LEGAL FORM:
_______________________________
/s/ Michael R. Gareau, Jr._________
MAYOR NICOLE DAILEY JONES
MICHAEL R. GAREAU, JR.
Director of Law