CM-2019-0097 - 4/5/2019CITY OF ROUND ROCK, TEXAS
AGREEMENT FOR EVENT PERFORMANCE WITH
AUSTIN SKYDIVERS aka CARL HATLELI
This Agreement is by and between the City of Round Rock, Texas (hereinafter referred
to as "City"), whose address is 221 East Main Street, Round Rock, Texas 78664, and Austin
Skydivers aka Carl Hatleli (hereinafter referred to as "Carl Hatleli"), whose address is 22059 S.
FM 219, Dublin, Texas 76446.
RECITALS:
WHEREAS, City has determined that it has a need to contract for the performance
services of Carl Hatleli as follows: one performance parachute jump of at least three parachutists
into City's July 4th event at Old Settlers Park; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is
mutually agreed by and between the parties as follows:
1. Skydiving Show Details
Exhibit "A" entitled "Show Details" is attached hereto and made a part hereof for all
appropriate purposes as though recited herein verbatim.
Compensation
A. In consideration for the services to be performed by Carl Hatleli, City agrees to pay
Carl Hatleli a total sum not to exceed Three Thousand and No/100 Dollars
($3,000.00), in full payment for the services delineated on Exhibit "A."
B. All payments shall be made by City to Carl Hatleli in U.S. funds by City of Round
Rock check as follows: One Thousand Five Hundred and No/100 Dollars
($1,500.00) shall be paid to Carl Hatleli on behalf of Austin Skydivers in the form
of a non-refundable deposit not less than fourteen (14) days prior to City's July 4th
event, and the remaining balance of One Thousand Five Hundred and No/100
Dollars ($1,500.00) shall be paid to Carl Hatleli on behalf of Austin Skydivers only
upon completion of its contracted services of one performance parachute jump into
City's July 4th event.
C. Carl Hatleli compensation for such performance services shall not exceed, without
written consent, the amounts indicated herein. City shall pay, strictly within the
confines of the not -to -exceed sum recited herein, Carl Hatleli fees for services
performed.
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3. Cancellation of Agreement
A. This Agreement may be cancelled, with all obligations extinguished including the
duty of City to pay compensation, as follows:
1. Carl Hatleli for reasons of his own, with or without cause, and not subject to
the mutual consent of any other party, such written cancellation notice to be
given to City not less than fourteen (14) days prior to the performance date of
the engagement.
2. By City for reasons of its own, with or without cause, and not subject to the
mutual consent of any other party, such written cancellation notice to be given
to Carl Hatleli not less than fourteen (14) days prior to the performance date
of the engagement.
3. By mutual agreement and consent of the parties, such consent to be in writing.
B. Proper cancellation by any party shall extinguish all rights, duties, and obligations
of City and Carl Hatleli to fulfill contractual obligations.
4. Independent Contractor Status
Carl Hatleli and Austin Skydivers is an independent business and are not connected in
any way with the City of Round Rock. Carl Hatleli is not a City employee. This
Agreement does not create a partnership relationship, employer,, -employee relationship,
joint venture relationship, principal/agent relationship, or any other relationship of similar
kind and Carl Hatleli shall never represent itself to third parties as having such
relationship.
5. Assignment and Delegation
No party may assign any rights or delegate any duties under this Agreement without the
other party's express prior written approval.
6. Payment of Taxes
A. Carl Hatleli shall pay all income taxes, and FICA (Social Security and Medicare
taxes) incurred while performing services under this Agreement. City will not:
1. Withhold FICA from Carl Hatleli's payment or make payments on its
behalf,
2. Make state and/or federal unemployment compensation contributions on Carl
Hatleli's behalf, or
3. Withhold state or federal income tax from Carl Hatleli's payment.
B. If requested, City shall provide Carl Hatleli with a certificate from the Texas State
Comptroller indicating that City is a non-profit corporation and not subject to State
of Texas Sales and Use Tax.
7. Notices
A. All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this
Agreement; or
2. Three (3) days after being deposited in the U.S. mail, postage prepaid, to the
recipient's address as stated herein.
Notice to City:
Laurie Hadley, City Manager
City of Round Rock
221 East Main Street
Round Rock, TX 78664
AND TO:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Notice to Carl Hatleli
Mr. Carl Hatleli
Austin Skydivers
22059 S. FM 219
Dublin, Texas 76446
B. Nothing contained in this section shall be construed to restrict the transmission of
routine communications between representatives of City and Carl Hatleli.
8. Exclusive Agreement
The terms and conditions hereof, including all exhibits, constitute the entire agreement
between the parties and supersede all previous communications, representations and
agreements, either written or oral, regarding the subject matter hereof. No modifications
of this Agreement will be binding on the parties unless acknowledged in writing by the
duly authorized governing body or representative for each party.
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9. Audio or Visual Reproduction
No part, portion, or segment of Carl HatleIi's performance shall be reproduced by City
using either audio or visual means without the prior written consent of Carl HatIeli, with
the specific exception being that City shall have the right to tape the performance for
promotional purposes only.
I0. Right to Sell Merchandise Items
A. Carl Hatleli shall have the right to sell various legal merchandise items at a suitable
place or places within the venue or place of engagement, as indicated by
representatives of City. City shall receive no commission on the sale of such items.
B. City shall not knowingly allow unauthorized merchandisers to conduct business
within the venue or place of engagement.
11. Jurisdiction and Venue
This Agreement shall be governed by the laws of the State of Texas, and exclusive
jurisdiction and venue shall lie in Williamson County, Texas. The parties expressly
understand and agree that there shall be no requirements or provisions for mediation or
arbitration prior to seeking redress in the courts of Williamson County, Texas.
12. Liability and Indemnification
City assumes no responsibility or liability for any loss, damage, claim, cost, expense,
charge, liability or assertion of liability whatsoever that Carl Hatleli or anyone acting
through them or any third parties may have or claim, or which in any manner may arise
or be alleged to have arisen or resulted or alleged to have resulted from the presence,
activities, events and omissions of any nature whatsoever of Carl Hatleli, invited parties,
agents, servants, employees, and their respective guests and invitees, and any other
attendees of the event, whether invited or uninvited, including without limitation any
claim or claims for bodily injury or death of any persons and for any loss or damage, for
any loss of the means of support and for any loss or damage to property.
Carl Hatleli shall indemnify, defend and hold free and harmless City from and against
any loss, damage, claim, cost, expense, charge, liability or assertion of liability
whatsoever.
13. Insurance Services Provider shall meet all City of Round Rock Insurance Requirements
as set forth at:
http::'www.roundrocktexas.gov wa-content/uploads. 2014 I2, corr insurance_07.20112.pdf
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14. Force Majeure
For purposes of this Agreement, `force majeure" means an act of terror committed within
the United States of America that materially impairs business operations; a prolonged and
unforeseen strike, riot, or occurrence of civil disobedience that materially impairs
business operations; a prolonged and unforeseen shortage of fuel, labor, or material;
delay related to or caused by a severe weather event, such as a tornado, a hurricane, or
flooding; interruption of utilities; fire or other casualty; or any other act of God beyond
City's or Austin Skydivers's reasonable control, which could not be avoided by the
exercise of due care.
IN WITNESS WHOF, the parties have executed tis Agreement in duplicate
originals on this the day of the month of , 2019.
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CITY OF ROUND ROCK AUSTIN SKYDIVERS aka CARL
IFIATLELI
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By. y.
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Authorized Rep sentative
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FOR CITY, ATTESTATION: FOR CITY APPRON AS O FORM:
By: �'L-� By:
Sara L. White, City S
5
ity Attorney
EXHIBIT "A"
SKYDIVING DETAILS
Place of Engagement: Festival Area in Old Settlers Park, Round Rock, Texas, or as
otherwise designated
Party Contracted With: Austin Skydivers aka Carl Hatleli
Contact Person: Randy Gordon / Office 512-34I-3340, Cell 801-4529
Date of Engagement: July 4, 2019
Time of Performance: Approximately 8:00 pm
Show Length: Until jump(s) completed
Compensation: $1,500 non-refundable deposit, then $1,500.00 upon completion
under guidelines delineated in attached Agreement
Accommodations/Travel: None
Merchandising: None
Party Contracting: City of Round Rock, Texas
Contact Person: Round Rock Parks & Recreation Department representative
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- City of Round Rock
i ROUND ROCK
XAs Agenda Item Summary
Agenda Number:
Title: Consider authorizing an Agreement with Austin Skydivers aka Carl Hatleli for
the performance services of one parachute jump of at least three parachutist
into the City's July 4th event at Old Settlers Park.
Type: City Manager item
Governing Body: City Manager Approval
Agenda Date: 4/5/2019
Dept Director: Rick Atkins, Director
Cost: $3,000.00
Indexes: General Fund
Attachments: Agreement—Sky Diver July 4, LAI= Sky Diver July 4
Department: Parks and Recreation Department
Text of Legislature File CM -2019-0097
This is for a parachute performance on July 4th, 2019 at Old Settlers Park at Palm Valley. The
show will take place at approximately 8:00 PM and will include multiple passes by the airplane
where the skydivers jump. During the jump, an Austin Skydiver announcer talks the crowd
through the jump process. The landing site is to the North of the orchestra stage area and next
to the lake. PARD makes arrangements to fence off the landing zone to provide the space
needed for the skydivers to land. Once all skydivers have landed the "landing zone" area is
opened up for the public to use for the remainder of the evening.
Cost. $3,000.00
Source of Funds: General Fund
City of Round Rock Page 1 Printed on 414/2019