CM-2020-297 - 10/23/2020CITY OF ROUND ROCK
ARTIST'S AGREEMENT WITH
KAIA DUBLIN INTERNATIONAL LLC
(DBA "HITBOOTH")
This Agreement is by and between the City of Round Rock (hereinafter referred to as
"City"), whose address is 221 East Main Street, Round Rock, Texas 78664, and Kaia Dublin
International LLC, dba "HITBOOTH" (hereinafter referred to "Artist"), whose address is 110
East Houston Street, 7 h Floor, San Antonio, TX 78205.
RECITALS:
WHEREAS, City has determined that it has a need to contract for the performance
services of Artist, specifically mobile DJ 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 receipt and sufficiency of which are hereby acknowledged, it is
mutually agreed by and between the parties as follows:
1. Show Details
A. Artist agrees to perform at the City's Round Rock Multi -Sports Complex
on October 24, 2020, at 2001 North Kenney Fort Boulevard, Round
Rock, Texas, pursuant to the terms set forth herein.
B. The time of the Show shall be determined by the City and communicated
to Artist as soon as the time is determined.
C. Artist shall have the sole and exclusive control over the production,
presentation, and performance of the Show.
2. Compensation
A. In consideration for the services to be performed Artist, City agrees to pay
Artist a total sum not to exceed One Thousand Two Hundred and
No/100 Dollars ($1,200.00), in full payment for the services delineated
herein.
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B. Payment shall be made by City to Artist in U.S. funds by City of Round
Rock check as follows:
(1) Six Hundred and No/100 Dollars ($600.00) shall be paid to Artist
upon execution of this Agreement; and
(2) Six Hundred and No/100 Dollars ($600.00) shall be paid to the Artist
immediately prior to performance on October 24, 2020.
3. Cancellation of Agreement
A. This Agreement may be cancelled with all obligations extinguished
including the duty of City to pay compensation, as follows:
By Artist 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 the other party not less than
thirty (30) days prior to the performance date of the engagement
hereunder.
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 the other party not less than thirty
(30) days prior to the performance date of the engagement
hereunder.
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 the other party to fulfill contractual obligations.
4. Independent Contractor Status
Artist is an independent contractor, and is not City's 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 no party shall represent
itself to third parties as having such relationship.
5. Reproduction of Performance
City shall not record or permit others to record, broadcast, televise, photograph or
otherwise reproduce the visual and/or audio performance.
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6. Right to Likeness
Artist's name or likeness may not be used as an endorsement of any product or service
without Artist's prior written consent from Artist's management.
7. 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.
8. Payment of Taxes
A. Artist 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 Artist's payment or make payments on its
behalf;
2. Make state and/or federal unemployment compensation
contributions on Artist's behalf; or
3. Withhold state or federal income tax from Artist's payment.
B. If requested, City shall provide Artist 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.
9. 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, Texas 78664
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AND TO
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, Texas 78664
Notice to Artist:
Kaia Dublin International LLC
110 East Houston Street, 7t' Floor
San Antonio, TX 78205
B. Nothing contained in this section shall be construed to restrict the
transmission of routine communications between representatives of City
and Artist.
10. Applicable Law
The laws of the State of Texas shall govern this Agreement.
11. Exclusive Agreement
The terms and conditions of this Agreement, including all exhibits, constitute the entire
agreement of the parties and supersede all previous communications, representations and
agreements, either written or oral, with respect to 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.
12. Audio or Visual Reproduction
No part, portion, or segment of Producer/Artist's performance shall be reproduced by
City using either audio or visual means without prior written consent of Producer/Artist.
13. Riaht to Sell Merchandise Items
A. Artist shall have the right to sell various legal merchandise items at a
suitable place or places within the
indicated by representatives of City.
the sale of such items.
venue or place of engagement, as
City shall receive no commission on
B. City shall not knowingly allow unauthorized merchandisers to conduct
business within the venue or place of engagement.
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14. Jurisdiction and Venue
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.
15. Liability
City assumes responsibility for payment of costs, expenses, charges, claims, losses,
liabilities, and damages related to the subject matter of this Agreement only if and when such
specific liability is imposed upon City by a finding of negligence in the appropriate court of law.
16. Insurance
City warrants that it has complete and adequate general liability insurance relative to
potential third -party claims arising from performance of the subject matter hereof.
It is expressly understood and agreed by and between the parties hereto that City will not
provide insurance coverage, including but not limited to health, accident or worker's
compensation coverage, for the Artist, its agents, employees, volunteers, members of the
performing group, or anyone similarly situated, and that City will not provide insurance coverage
for any musical instruments, equipment or vehicles.
17. Indemnification
Artist and City each agree to indemnify, defend and hold harmless the other, to the fullest
permitted by law, from and against amounts payable under any judgment, verdict, court order or
settlement for death or bodily injury or the damage to or loss or destruction of any real or
tangible property to the extent arising out of the other party's negligence in the performance of
this Agreement.
18. Sickness or Accident
In the event of sickness or if accident to Artist beyond the control of Artist, it is
understood and agreed that there shall be no claim for damages by City and Artist's obligations
as to such performance shall be waived by City, so long as Artist gives immediate notice of
sickness or accident to City.
19. Force Maieure
No party hereto will be responsible for the performance of any of its obligations
hereunder if prevented, delayed or hindered by war, riots insurrection, embargoes, strikes,
concealed acts of workmen, casualty, accidents, acts of terror, an epidemic or pandemic, a public
health emergency, a declaration of disaster, or any other occurrence beyond such party's control.
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In the event the performance cannot be held as a result of a Force Majeure event, the
parties shall re -schedule the performance to a mutually agreed upon date and time. The terms set
forth in the executed DJ Contract shall remain in effect for the re -scheduled performance date
and time.
20. Inclement Weather
Notwithstanding anything contained herein to the contrary, inclement weather shall not
be deemed to be a force majeure occurrence. City shall determine in good faith whether any
such inclement weather conditions shall render the performance impossible, hazardous or unsafe.
21. Compliance with Laws
In accordance with Chapter 2270, Texas Government Code, a governmental entity may
not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of this Agreement. The signatory executing this Agreement on behalf of
the Artist verifies that Artist does not boycott Israel and will not boycott Israel during the term of
this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate
originals on the dates hereafter indicated.
CITY OF ROUND ROCK, TEXAS
By: G
Laurie Hadley, a-g6id
City Manager ��ll
Date Signed:
FOR CITY, ATTEST:
FOR CITY, APPROVED AS TO FORM:
B
City Attorney
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KAIA DUBLIN INTERNATIONAL,
LLC (DBA "HITBOOTH")
By:
Title: J
Date Signed: '�-- v +�
r.ROUNDROCK
AS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing an Artist's Agreement with Kaia Dublin International LLC
(dba "HITBOOTH") for mobile DJ services at the Multi -Sports Complex on
October 24, 2020.
Type: City Manager Item
Governing Body: City Council
Agenda Date: 10/23/2020
Dept Director: Chad McKenzie - Sports Management Director
Cost: $1,200.00
Indexes:
Attachments:
Department: Sports Management and Tourism
Text of Legislative File CM-2020-297
HITBOOTH will provide DJ services for the Spookout Soccer Tournament at the Multi -Sports
Complex on October 24, 2020.
Cost: $1,200
Source of Funds: HOT Funds
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