CM-2017-1525 - 10/27/2017October 4, 2017
Client: Kristin Brown
Venue: Round Rock, Texas
Event Date: October 31 st
SERVICES CONTRACT
Terms & Conditions
The Client signing this Services Contract hereby agrees to the following Terms & Conditions:
1. NATURE OF AGREEMENT. Shelter Co. is the Services Provider and Client is the purchaser
of certain services, which is described in a separate invoice and incorporated herein by
reference, below (hereinafter the "Services").
2 TENT INSTALLATION. Client has chosen a site for use of its own tents ("Equipment") that is
not an approved partner property of Shelter Co. Client shall, at its sole expense, prior to the
installation date: (i) clear and ready the tent installation site of any surface obstacles,
manmade or otherwise; (ii) mark with flags and label all subsurface and underground
obstacles and obstructions that may come into contact with tent stakes driven into the
ground at a depth of up to 12", Including by way of illustration but not limitation, electrical
wires, gas pipes, water pipes, cable lines, fiber optic lines, septic tanks, sprinklers, and/or
hoses; (ill) be present or assign an agent to be present to specify the precise location of the
tent installation. Client's failure to comply with the foregoing conditions may render Client
liable for any and all additional labor costs, fines, fees, penalties or other charges, including
any liabilities arising from injury or death or property damage resulting from Client's failure
to comply with these conditions. Client shall be responsible for any and all damage to
underground utilities.
3. SCHEDULED TIMES. All times stated by Shelter Co. for the installation and takedown of
Equipment are estimates only. Shelter Co. shall not be responsible for delays due to matters
outside of its control, including without limitation, weather -conditions, road and traffic
conditions, delays caused by other vendors, and/or the failure of the site to be properly
prepared in advance.
4. PRICE ADJUSTMENT. No price adjustments shall be made after the signing of this
Services Contract unless such adjustments are made in a writing signed by Shelter Co. or
its duly authorized agent.
& WEATHER. Shelter Co. may, in its reasonable discretion, determine that weather-related
conditions render the setting up, and/or take down of the tents to be dangerous and, if so
determined, Shelter Co. reserves the right to cancel this Services Contract.
Cir z- X 17-
M-2 Inici al
SHELTER C°
G FORCE MAJEURE. In no event shall Shelter Co. or its agents be liable for Injuries, death,
or property damage caused by weather-related conditions, acts of God, acts of nature, and/
or acts of government, including without limitation, fire, lightening, wind, rain, cyclone,
tornado, hail, explosion, riot, insurrection, vandalism and mischief, sabotage, aircraft or
objects falling from the air, vehicles running on land or tracks, smoke, steam, gaseous
emission, earthquake or volcanic eruption, flood, nuclear radiation or radioactive
contamination, hostile or warlike action or similar perils including any and all other acts
beyond Shelter Co.'s control. In the event that a force majeure renders Shelter Co.'s
performance of its responsibilities under this Services Contract impossible or impracticable,
Shelter Co. shall be excused from further performance.
Z NO WARRANTIES, SHELTER CO. DISCLAIMS ANY LIABILITY WHATSOEVER FOR
LOSS, DAMAGE, OR INJURY TO THE CLIENT OR THIRD PARTIES AS A RESULT OF
ANY DEFECTS, LATENT OR OTHERWISE, IN INSTALLATION OR TAKE DOWN OF THE
TENTS.
a HOLD HARMLESS. Client shall indemnify Shelter Co., its agents, and assigns against, and
hold Shelter Co., its agents, and assigns harmless from, any and all claims, actions, suits,
proceedings, costs, expenses, damages, and liabilities, Including attorneys' fees, arising out
of, connected with, or resulting from claims brought by third parties related to the Equipment
or this Services Contract, including without limitation, the Installation, take down, control,
possession, use, loss of use, operation, or maintenance of the Equipment. Client shall
further indemnify Shelter Co., its agents, and assigns and hold Shelter Co., its agents, and
assigns harmless, from all loss and damage to the Equipment during the rental period (other
than by reason of force majeure or due to the acts or omissions of Shelter Co. or its agents).
Client recognizes and agrees that included in this indemnity clause, but not by way of
limitation, is Client's assumption of any and all liability (as between Client and Shelter Co.)
for injury, disability and death of Client, Client's agents, Client's guests, or other persons
caused by the operation, use, control, or handling of the Equipment, or any force majeure
related to the event.
R PAYMENT SCHEDULE. Client shall pay three hundred and no/100 dollars ($300.00) for
completion of the installation and take down of the Equipment.
10. UNPAID INVOICES. Client shall be responsible for the timely payment of all invoices, which
shall be due 14 days prior to the scheduled installation date (unless otherwise noted on the
Invoice). if an invoice is not paid when due, interest will be charged pursuant to the Texas
Prompt Payment Act.
11. COLLECTION COSTS. Client shall be liable for all collection costs associated with Shelter
Co.'s enforcement of its rights under this Services Contract, including reasonable attorneys'
fees and costs.
12 SEVERABILITY. Each covenant set forth in this Services Contract shall be construed as a
covenant independent of any other covenant or provision of this Services Contract. If any
portion of this Services Contract shall be held invalid, illegal, or unenforceable by a court of
competent jurisdiction, each such portion shall be severed and the remaining portions of this
Services Contract will remain In full force and effectuated as if such illegal, invalid, or
unenforceable provision is not a part hereof.
IM11 l
a GOVERNING LAW. The interpretation, construction, validity, performance and enforcement
of this Agreement shall be governed in accordance with the laws of the State of Texas, in
the United States, as If performed wholly within Texas and without giving effect to the
principles of conflicts of law. Exclusive venue for all actions shall be the County of
Williamson.
JD Z 7-r7
Signature: Date:
Printed Name: ?fer
Initial
City of Round Rock
eouwnRocK Agenda Item Summary
5
Agenda Number:
Title: Consider City Manager approval for a Services Contract with Shelter Co. for
the set-up and take down of City -owned tents.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/27/2017
Dept Director: Will Hampton
Cost: $300.00
Indexes:
Attachments: LAF & Agreement Shelter Co. Tent Installation and Take Down
Department: Communications and Marketing Department
Text of Legislative File CM -2017-1625
Consider City Manager approval for a Services Contract with Shelter Co. for the set-up
and take down of City -owned tents.
The City has purchased specialty tents from Shelter Co for special events in Downtown,
specifically for Hometown Halloween. To help with the first-time set up of these tents we've
contracted Shelter Co to set up the tents for the event. This contract is allowing us to use
their employees to set up the tents on city property.
Cost: $300.00
Source of Funds: General Funds
City or Round Rock Page r Printed on 1012412017