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HomeMy WebLinkAboutRes 2025-04-1759 Performance Agreement with Coffey Anderson for Boots & Boom 2025CITY OF ANNA, TEXAS RESOLUTION NO. ZoZ5 -0 4 - 1 15ct A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PERFORMANCE AGREEMENT WITH COFFEY ANDERSON TO PERFORM AT THE JUNE 28, 2025, BOOTS AND BOOMS INDEPENDENCE DAY CELEBRATION AT SLAYTER CREEK PARK. WHEREAS, the City of Anna will host the 5th Annual Boots and Booms Independence Day celebration on Saturday, June 28th at Slayter Creek Park; and, WHEREAS, the celebration features food trucks, a kid's zone, fireworks, live music; and WHEREAS, Coffey Anderson, hailing from Texas, has built an acclaimed country music career, is a 5-time Grand Ole Opry performer, CMA member, and proud ACM member, has over a million people between his Instagram and TikTok pages, his Facebook page is home to 748,000 likes, he has over 500,000 YouTube subscribers and his Netflix original reality series, "Country Ever After," has been viewed by an estimated 50 million+ people, has uplifted the nation, paid respect to our troops, and connected with millions of listeners through his patriotic anthem Mr. Red White and Blue. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Payment and Funding The City Council of the City of Anna, Texas, authorizes the City Manager to approve a performance agreement with Coffey Anderson in the amount of $50,000 for a 90-minute performance at the Boots and Booms Independence Day celebration on Saturday, June 28th 2025 at Slayter Creek Park on behalf of the City of Anna, Texas. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 8th day of April 2025. ATTEST: City Secretary, APPROVED: Mayor, Pete Cain CITY OF ANNA PERFORMANCE AGREEMENT THIS PERFORMANCE AGREEMENT (this "Agreement") is made and entered into this 8th day of April 2025, by and between the City of Anna, Texas (the "City") and Coffey Anderson. (Performer). 1. Date(s)/time of Engagement. One (1) 90-minute set to begin at approximately 8:00 p.m. on the 28th day of June 2025. Artist Billing: Coffey Anderson. 2. Location of Performance. Slayter Creek Park, 425 West Rosamond Parkway, Anna, TX. 3. Performer. Name of performer: Coffey Anderson. Changes in or substitution of the Performer must be approved by the city before engagement. Description of Performer (e.g., "Five -piece group consisting of; lead vocal, guitar, bass guitar, drums and two (3) technical/management crew members.") Description: Five -piece country music band. 4. Acknowledgment of Sole Ownership of Intellectual Property by Performer. The City hereby acknowledges and agrees that Performer is the owner of trademarks and/or service marks including the show name/names listed in paragraph 4, above, and is also the owner of all right, title, and interest to all choreography, backing tracks, costumes, stage personas, and cast member aliases. The City hereby expressly agrees that the City shall not duplicate nor substantially duplicate nor create any confusingly similar trademarks, service marks, choreography, backing tracks, stage personas, or cast member aliases to those referenced above. It is expressly agreed that in addition to all other remedies available to the Performer, the Performer shall be entitled to seek injunctive relief against the City if the City should violate the terms of this paragraph. 5. Performer's Requirements. (a) This is an event that will be open to the public; (b) Performer shall reasonably cooperate with the City and use its commercially reasonable efforts to conform to the rules and policies established by the City in fulfilling the entertainment program. 6. Parties' Relationship - Independent Contractor. The Performer executes and will perform this Agreement as an independent contractor, not as an employee(s) of the City and all services by the Performer under this Agreement shall be provided as an independent contractor. The City shall not be responsible for payment of payroll taxes and charges under federal and local law. At no time shall the City have any control over or charge of the Performer's services under this Agreement or related work or undertakings, nor the means, methods, techniques, sequences or procedures utilized for the performance, or any work or other activity(ies) related to same. This Agreement does not create a joint enterprise or venture between the City and the Performer. This City of Anna, Texas Performance Agreement Page 1 section will survive the termination of this Agreement. 7. Price For Performance; Payment. The full not -to -exceed price for the Performance and all services provided by Performer under this Agreement is $50,000. Unless otherwise specified, the contract price is to be paid as follows: 50% DEPOSIT OF $25,000 due when contract is signed. BALANCE OF $25,000 to be paid at the location of the performance on the date of the performance. 8. Special Provisions: The City shall provide parking, sound, lighting, power, production, and hospitality as listed in ExhibitA ("Full Band Concert Rider") at the City's expense. The performer shall provide backline, a LED Wall, VIP/Sponsor Meet and Greet on day of show, a promo video for the City to use on social media, city website, etc., and any other enhancements for the performance. The Performer shall provide notice to the City in advance of any enhancements it plans to make part of the performance including any additional lighting, props, pyrotechnics, etc. and the City shall have the right to decline any such items being made part of the performance. 9. Recording Prohibited: The recording, reproduction, or transmission of any part of this production is prohibited without prior written consent of Performer, except for the personal/internal use of the City. 10. Performer shall be paid in full even if performance is cut short or cancelled due to rain or police activity unless the police activity is due solely to misconduct or negligence on the part of the Performer. Notwithstanding the foregoing, if the performance is cancelled due to weather, the Parties shall cooperate to reschedule the performance for a different date within 6 months of the cancellation under the same provisions herein. 11. Insurance. Performer shall acquire and maintain, during the period of time when Performer is providing entertainment services on the property of the City: (a) workers compensation insurance in the amount required by applicable law, if any; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $500,000. Such insurance shall also cover any and all claims which might arise out of this Agreement, whether by Performer, a contractor, subcontractor, material man, or otherwise. Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the "City of Anna, Texas" as an additional insured and contain a waiver of subrogation endorsement in favor of the City. 12. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. City of Anna, Texas Performance Agreement Page 2 13. The Performer acknowledges and confirms that its duly authorized representatives have read and approve the terms and conditions set forth in this Agreement. Performer warrants and represents that it: (i) is free to enter into and perform this Agreement and (ii) it will render all services under this Agreement in a competent and professional manner. 14. Notice. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are given by hand delivery or deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the Parties at the addresses set forth below or at such other addresses as such Parties may designate by written notice to the other Parties in accordance with this notice provision. If to the City: City of Anna Attn: City Manager 120 W. 7th Street Anna, TX 75409 If to Performer: 15. Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of all Parties expressly amending the terms of this Agreement. 16. Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies exclusively in a court of competent jurisdiction in Collin County, Texas. 17. Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the unlawful provision shall be replaced with a provision as similar in terms and effect to such unlawful provision as may be valid, legal and enforceable. 18. Representation. Each signatory executing this Agreement has been read by the party for which this Agreement is executed, and such Party has had an opportunity to confer with its counsel. 19. Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. 20. Waiver. Waiver by any Party or any breach of this Agreement, or the failure of any Party to City of Anna, Texas Performance Agreement Page 3 enforce any of the provisions of this Agreement, at any time shall not in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance of the Agreement. 21. Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. 22. No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the Parties hereto and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. SIGNATURES ON FOLLOWING PAGE(S): City of Anna, Texas Performance Agreement Page 4 PRODUCER: Co�feyh�fe�Joh 4 3 25 Bv:.._Date: Printed name: Coffey Anderson Title: Entertainer/CEO CITY OF ANNA, TEXAS By: h / Date: 4 a Printed name: tAl Title: 'C iZ, City of Anna, Texas Performance Agreement Page 5 EXHIBIT A COFFEY -HNDERSON- r��t Full Band Concert Rider 2025 The following rider has been prepared by Coffey Anderson and Coffey Global Management. This rider is attached to and hereby made part of the contract between Coffey Anderson (ARTIST) and PURCHASER. We have designed this contract rider to answer any questions that you may have and to ensure a smooth performance. This will enable us to perform at our best and every effort shall be made to make your event a success. If you have any concerns about any of the requirements, please contact us. We will try to be as flexible as possible to work out any problems. This rider is part of the legally binding contract and no part of it may be altered or deleted without the express consent of ARTIST / MANAGEMENT. COFFEY -RNDERSON- ARTIST: Coffey Anderson Coffey Global, LLC. Coffey@CoffeyAnderson.com CoffeyAnderson.com ARTIST MANAGER: Natalie Greer Coffey Global, LLC. Natalie@CoffeyAnderson.com (214)799-6693 PERSONNEL: There will be seven (7) personnel for this event. This includes band members, technical / management crew. Coffey Anderson - Artist Damian Diaz - band, Music/Technical Director Jason Young - band David Cacy - band Scarlett Deering - band Brandon Jones - videographer/social media Natalie Greer - Artist manager PARKING: PURCHASER shall provide parking for ARTIST'S tour bus and trailer throughout load -in, performance and load -out. Please communicate with the Technical Director the best spot for load in before arrival. COFFEY -RNDERSON- kil id Q.,.ff um MERCHANDISING: The following is required for ARTIST merchandise 1. Two (2) eight -foot tables and 2 chairs near the stage and/or main entrance of the venue. 2. No merchandise fees will be paid to the venue without prior contractual agreement. 3. No other organization/company shall sell COFFEY ANDERSON merchandise at the event unless previously agreed upon. VIP MEET & GREETS AND AUTOGRAPH SIGNING: 1. The nature of all meet and greets must be discussed with and approved in advance by MANAGEMENT. 2. Please do not commit the ARTIST to any event or appearance without approval from MANAGEMENT. 3. Two (2) personnel to assist ARTIST in running the meet & greet. PERFORMANCE ADVANCE: 1. You will be contacted by Damian Diaz to advance details pertaining to this date. 2. Typically, this process starts 4-6 weeks out, but please make every effort to send important information or updates via email (Damian@CoffeyAnderson.com) 3. Submitting the following information by email in advance is helpful in our planning process: a. Advertised time for doors, and show start b. Contact info for production and hospitality point people c. Sound check times, Set lengths, backline info d. Facility maps indicating load in and stage locations e. Stage schedule SOUND CHECK: Sound check is mandatory; exact time to be mutually arranged between PURCHASER and ARTIST. If not otherwise agreed upon, PURCHASER agrees to provide sound check at least 2 hour prior to performance COFFEY -ANDERSDN- r**�* -19 SOUND REQUIREMENTS: 1. PURCHASER agrees to provide a professional audio system capable of achieving up to 110 dBA undistorted peaks at the mix position, and adequate full -range coverage for the entire venue. System must be configured in Stereo (UR). 2. Monitor Requirements i) Six (6), stereo wireless in ear monitoring systems: Sennheiser G4, Shure Psm1000 (To be advanced with Tech Director) ii) Wedges should also be made available for center stage lead vocalist 3. Stage Plot and Input List attached LIGHTING REQUIREMENTS: 1. Upstage and downstage washes are required for key light and back light a. Lights must be focusable to stage positions b. Sixteen (16) moving light wash fixtures for upstage and downstage lighting c. Eight (8) moving head CT wash fixtures for Key Lighting d. Led Up lighting for the artist at center stage 2. One (1) quality haze machine using odorless fluid VIDEO: 1. Video elements are a part of our Live show and we require an LED wall behind the band as a backdrop. This should be in proportion to the stage and in a 16:9 aspect ratio. In cases where cameras are used, we ask that the center Screen can be separated from Program. 2. ARTIST will provide a 1080 p HDMI or SDI video signal in cases where video screens, walls, etc. 3. ARTIST maintains complete control overall video content, control, and design. COFFEY -ANDERSON- t�� UM INPUT LIST /STAGE PLOT: Please confirm final input list and stage plot with TECHNICAL DIRECTOR. Input list and stage plot are attached for reference. POWER REQUIREMENTS: 1. IF ARTIST is providing the LED wall for the concert. Two (2) dedicated 20-amp circuits are required to power the wall. 2. Each band member position on the stage plot will need a quad box for power. COFFEY -RN DERSO11 Ndk - I�•®ga• ® " 0 Stage Plot / Input List CHANNEL MICROPHONE 1 - Kick In Shure Beta 91 a or Sennheiser e901 2 - Kick Out Audix D6 3 - Snare Top Audix i5or Shure SM57 4 - Snare Bottom Shure Ksm 137 or Shure SM57 5 - Rack Tom Audix D2 6 - Floor Tom Audix D4 7 - Overhead (L) Shure KSM137 or SM81 8 - Overhead (R) Shure KSM137 or SM81 9 — Hi Hat Shure KSM137 or SM81 10 - Click DI Box (Back up) 11 - Guide DI Box (Back up) 12 - Bass DI Box 13/14 - E. Guitar Stereo Stereo DI Box (Back up) 15 - Fiddle DI Box (Back up) 16 - Acoustic (Spare) DI Box 17 - Acoustic (Artist) DI Box 18 - Lead Vocal Wireless Shure KSM9 19/20- Tracks UR Stereo DI Box (Back up) 21/22- Drum Pad UR Stereo DI Box (Back up) 23- Talkback Shure SM 58 or Equivalent Notes: -Total of 6 stereo mixes and 1 wedge monitor mix(Artist). 2 wedges centerstage for the Artist fed from 1 mono mix. Please Provide a Total of 6 IEM packs (5 for Band and 1 Extra to mirror Artist mix) -DI Boxes labeled "Back up" are in case of cable failure or ground noise. Please have these on hand. -Please have power drops as shown on stage plot COFFEY -RNDERSDN- 1JSH Hospitality Rider HOSPITALITY AT VENUE: Assorted cold beverages including Aquafina bottle water, Dr.Pepper, Sprite, Gatorade, and Coke Zero ON STAGE: Two (2) cases of iced water Towels MEALS: 1 Lunch/Dinner Meal for members of the band and staff **Please note Coffey Anderson has PEANUT and TOMATO allergy. ** This Hospitality Rider and a welcoming, helpful Purchaser and staff are all an essential part of the Artist and band putting on the best show possible for your patrons. We would like to thank you for inviting us to perform at your venue. For clarification or concerns, please contact: Business Manager: Natalie Greer 1 214-799-6693 Natal ie@CoffeyAnderson.com Performance Agreement with Full Rider - Coffey Anderson 6-28-2025 (final) Final Audit Report 2025-04-03 Created: 2025-04-03 By: Jeffrey Freeth Qfreeth@annatexas.gov) Status: Signed Transaction ID: CBJCHBCAABAAD5hPBoluxwlnabJzEsXagbpSWlxl7UfE "Performance Agreement with Full Rider - Coffey Anderson 6-28 -2025 (final)" History i Document created by Jeffrey Freeth Ofreeth@annatexas.gov) 2025-04-03 - 5:07:27 PM GMT Document emailed to Natalie Greer (natalie@coffeyanderson.com) for signature 2025-04-03 - 5:08:53 PM GMT "'1 Email viewed by Natalie Greer (natalie@coffeyanderson.com) 2025-04-03 - 5:54:49 PM GMT C'o Signer Natalie Greer (natalie@coffeyanderson.com) entered name at signing as Coffey Anderson 2025-04-03 - 5:56:02 PM GMT &0 Document e-signed by Coffey Anderson (natalie@coffeyanderson.com) Signature Date: 2025-04-03 - 5:56:04 PM GMT - Time Source: server 0 Agreement completed. 2025-04-03 - 5:56:04 PM GMT Q Adobe Acrobat Sign