CM-2019-0216 - 7/12/2019CITY OF ROUND ROCK AGREEMENT FOR
CARNIVAL OPERATIONS WITH WILLIAM RITTER
DBA "FUN TIME RENTALS„
THE STATE OF TEXAS §
CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
KNOW ALL BY THESE PRESENTS:
THIS AGREEMENT (referred to herein as the "Agreement") is for carnival operations,
and is made by and between the CITY OF ROUND ROCK, a Texas home -rule municipality,
whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299 (referred to
herein as the "City"), and WILLIAM RITTER dba "Fun Time Rentals" whose address is 2258
FM 1854, Dale, Texas 78616 (referred to herein as "Fun Time" or the "Services Provider").
ISD1iIYY1CIi
WHEREAS, City has determined that there is a need for the delineated services; and
WHEREAS, City desires to contract for such services; 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 sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.01 EFFECTIVE DATE, TERM
This Agreement shall be effective on the date this Agreement has been signed by each
party hereto, and shall remain in full force and effect unless and until it expires by operation of
the tern indicated herein, or is terminated or extended as provided herein.
The term of this Agreement shall be until services are successfully performed by the
Services Provider.
City reserves the right to review the services at any time, and may elect to terminate with
or without cause or may elect to continue with the services.
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2.01 PARTY OBLIGATIONS
Carnival Services. Services Provider shall provide carnival services for the City's July
Fourth Frontier Days Celebration 2019, consisting of a fully safe and operational carnival with
rides and game concessions (the "Carnival Services"). The Carnival Services shall consist of the
following:
1. Ten (10) carnival rides to be agreed upon between the Services Provider and the
City's Parks and Recreation Department.
2. Two (2) game concessions; and
3. One (1) food concession. Any food the Services Provider desires to sell must be
approved in advance by the City's Parks and Recreation Department.
Carnival Services shall be provided in a safe and courteous manner consistent with the prevailing
level of professional skill and standard of care in the carnival services industry. The City shall
have full right of censorship over all Carnival Services, and should any of the Carnival Services
be found to be contrary to the standards of the community, Services Provider shall immediately
close the attraction at the request of the City.
Date and Hours. Carnival Services shall be provided on July 4, 2019, and all Carnival
Services shall be available for use by the public beginning at 12:00 p.m. and ending at 11:00 p.m.
(the "Hours of Operation").
Location. All Carnival Services shall be provided within that area delineated by the
City's Parks and Recreation Department at Old Settlers Park (the "Premises"). The Premises
shall be clear of refuse or other objectionable matter so that the Carnival Services can be set up
properly and the public is able to visit the Carnival Services safely and conveniently.
Personnel. Services provider shall provide all personnel and management for the
Carnival Services. At all times during the Hours of Operation, or when otherwise on the
Premises, all employees, contractors, subcontractors, or other persons affiliated with Services
Provider ("Personnel") shall wear uniforms readily identifying them as Personnel.
Miscellaneous.
Services Provider shall provide the City with the following no later than June 4, 2019:
1. Copies of all permits, licenses, or authorizations required by any and all federal,
state, and local laws, statutes, and regulations for the provision of the Carnival
Services.
2. A schedule of fees, fares, admissions and prices to be charged by Services
Provider. All such fees, fares, admissions and prices are subject to approval by
the City.
3. Copies of all documents reflecting insurance coverage required by the City.
The City shall provide Services Provider at the City's expense with the following:
1. A non-exclusive local license required to use the Premises to operate the Carnival
Services during the date and times specified herein.
2. Security in conformance with the City's current practice and policies.
Set up and take down. Services Provider shall be solely responsible for setting up and
taking down all equipment and materials necessary to provide the Carnival Services. All such
equipment and materials shall be removed from the Premises by 10:00 p.m., July 5, 2019.
Services Provider shall remove any and all trash, garbage or other waste generated by the
Carnival Services prior to July 5, 2019. If the Service Provider's use of the Premises causes
excessive damage to the Premises, as may reasonably be determined by the City, Services
Provider shall reimburse City for all costs incurred by City in restoring or remedying such
damage within ten (10) days from receiving a demand for payment of such costs.
Payment of Revenues. In consideration for the obligations of the City under this
Agreement, Services Provider shall remit an amount equal to twenty percent (20%) of all receipts
and revenues from or in connection with Carnival Services, less any amount of sales tax that
Services Provider must remit to state or local authorities (the "Payment"). Services Provider
shall remit the Payment to the City by July 15, 2019, by tendering payment to the City's Park and
Recreation Director along with an audited or sworn statement showing revenues attributable to
Carnival Services.
Review of Records. The City shall have the right at any time to review or audit the
Service Provider's books, statements, and records related to the amounts attributable to the
Carnival Services and recalculate any amount determined to be payable under this Agreement.
Any additional amount due to the City as a result of the City's review shall be paid within ten
(10) days following written notice to Services Provider.
Supplemental Agreements. The terms of this Agreement may be modified by written
Supplemental Agreement hereto, duly authorized by City Council or City Manager action, if City
determines that there has been a significant change in (1) the scope, complexity, or character of
the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement
must be executed by both parties within the period specified as the term of this Agreement.
Services Provider shall not perform any work or incur any additional costs prior to the execution.
by both parties, of such Supplemental Agreement.
assign any rights or delegate any duties under this Agreement without the other party's prior
written approval.
10-01 LOCAL, STATE AND FEDERAL TAXES
Services Provider shall pay all income taxes, and FICA (Social Security and Medicare
taxes) incurred while performing services under this Agreement.
If requested, City shall provide Services Provider 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.
11.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Services Provider, its consultants, agents, employees and subcontractors shall use best
efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the
City of Round Rock, as amended, and with all applicable rules and regulations promulgated by
local, state and national boards, bureaus and agencies. Services Provider shall further obtain all
permits, licenses and the like required in the performance of the services contracted for herein,
and same shall belong solely to City at the expiration of the term of this Agreement.
In accordance with Chapter 2270, Texas Government Code, a governmental entity may
not enter into a contract with a company for goods or services unless the contract contains written
verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
and will not boycott Israel during the term of this contract. The signatory executing this
Agreement on behalf of Services Provider verifies Service Provider does not boycott Israel and
will not boycott Israel during the tern of this Agreement.
12.01 GRATUITIES AND BRIBES
City may, by written notice to Services Provider, cancel this Agreement without liability
if it is determined by City that gratuities and/or bribes in the form of entertainment, gifts, or
otherwise were offered or given by Services Provider or ifs agents or representatives to any City
officer, employee or elected representative with respect to the performance of this Agreement. In
addition, Services Provider may be subject to penalties stated in Title 8 of the Texas Penal Code.
13.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then and in that event, demand may be made to the other
party for written assurance of intent to perform. In the event that no written assurance is given
within the reasonable time specified when such demand was made, then and in that event the
demanding party may treat such failure as an anticipatory repudiation of this Agreement.
14.01 SERVICES OBTAINED FROM ALTERNATE SOURCES
If Services Provider cannot provide the services as specified, City reserves the right and
option to obtain the services from another source or sources.
15.01 DEFAULT
If Services Provider abandons or defaults under this Agreement and is a cause of City
purchasing services elsewhere, then Services Provider agrees that it may be charged the
difference in cost, if any, and that it will not be considered in the re -advertisement of the service
and that it may not be considered in future advertisements for the same type of work unless the
scope of work is significantly changed.
Services Provider shall be declared in default under this Agreement if it does any of the
following:
1. Fails to make any payment in full when due;
2. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
3. Fails to provide adequate assurance of performance under "Right to Assurance"
section herein; or
4. Becomes insolvent or seeks relief under or is involuntarily brought under the
bankruptcy laws of the United States.
16.01 STANDARD OF CARE
Services Provider represents that it is specially trained, experienced and competent to
perform all of the services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed, whether by Services Provider or designated
subconsultants, in a manner according to generally accepted industry practices.
17.01 INSURANCE
Services Provider shall meet all City of Round Rock Insurance Requirements as set forth
at: hLtp://www.roundrocktexas.vov/wp-content/ul2loads/2014/12/corr insurance 07.20112. df.
18.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
7
Rick Atkins
Director, Parks & Recreation Department
301 West Bagdad, Suite 250
Round Rock, TX 78664
512-218-5540
ricka@round-rock.tx-.us, R'
19.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given (1) when delivered personally to the recipient's address as
stated in this Agreement; or (2) three days after being depgsited in the United States mail,, with
postage prepaid to the recipient's address as stated in this Agreement.
Notice to Services Provider:
William Ritter
Fun Time Rentals
2258 FM 1854
Dale, Texas 78616
Notice to City:
City Manager AND TO Stephan L. Sheets
221 E. Main Street City Attorney
Round Rock, Texas 78664 309 E. Main Street
Round Rock, Texas 78664
Nothing herein shall be construed to restrict the transmission of routine communications
between representatives of City and Services Provider.
20.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
21.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Services Provider and City. This Agreement may only be amended or supplemented by mutual
agreement of the parties hereto in writing, duly authorized by action of the City Manager or City
Council.
22.01 DISPUTE RESOLUTION
City and Services Provider hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the FederaI
Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
23.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreelnent void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
24.01 MISCELLANEOUS PROVISIONS
Standard of Care. Services Provider represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Services Provider understands and agrees that time is of the
essence and that any failure of Services Provider to fulfill obligations for each portion of this
Agreement within the agreed timeframes will constitute a material breach of this Agreement.
Services Provider shall be fully responsible for its delays or for failures to use best efforts in
accordance with the terms of this Agreement. Where damage is caused to City due to Service
Provider's failure to perform in these circumstances, City may pursue any remedy available
without waiver of any of City's additional legal rights or remedies.
Force Maieure. Neither City nor Service Provider shall be deemed in violation of this
Agreement if it is prevented from performing any of its obligations hereunder by reasons for
which it is not responsible as defined herein. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
9
IN WITNESS WHEREOF, City and Services Provider have executed this Agreement
on the dates indicated.
City of Round Rock, Texas
By:
Prir
Tid
Dat
For City, Attest:
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For City, proved as t Form:
By:
Stepp . L. Sheets, City Attorney
William Ritter dba Fun Time Rentals
By: Vy'---
Printed Name: 'IIJ i t.0 AM r}� -
Tide:
Date Signed: �l zo 1
City of Round Rock
ROUND ROCK
Agenda Item Summary
Agenda Number:
Title: Consider executing an Agreement with William Ritter dba "Fun Time
Rentals" for carnival operations for the City's July4th Frontier Days
Celebration.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/12/2019
Dept Director: Rick Atkins, Director
Cost:
Indexes: General Fund
Attachments: Funtime Rides Carnival Contract 2019 SIGNED, LAF - Williams Ritter dba
'Fun Time Rentals' (Carnival Services) (07.03.19) (00427312xA08F8)
Department: Parks and Recreation Department
Text of Legislative File CM -2019-0296
Consider authorizing an agreement for the July 4th Frontier Days event with Fun Time Ride
Rentals. The City under this agreement will receive 20% of all receipts and revenues from
carnival operation. Fun Time Ride Rentals has been offering this service for the past 8 years.
This event is FREE for the entire family. Independence Day festivities will begin with music from
the Austin Symphonic Band. The event also features a pepper eating contest, vendor booths,
carnival rides, Swifty Swine Pig Races and morel
Cityof Round Rock Page 1 Printed on 7/11/2019
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