CM-2021-299 - 11/12/2021CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE OF LIGHTING SERVICES FOR
LIGHT UP THE LAKE 2021
WITH
AUSTIN EVENT LIGHTING
THE STATE OF TEXAS §
CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
KNOW ALL BY THESE PRESENTS:
THAT THIS AGREEMENT for the purchase of lighting services for Light up the Lake
2021 in Round Rock, Texas, and for related goods and services (referred to herein as the
"Agreement"), is made and entered into on this the JGLb day of the month of November, 2021
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 AUSTIN EVENT LIGHTING, whose offices are located at 6414 West Bee Cave
Road, Austin, Texas 78746 (referred to herein as "Vendor").
RECITALS:
WHEREAS, City desires to purchase certain services, specifically lighting services for
Light up the Lake 2021, and City desires to procure same from Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
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 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City agrees to buy specified serviced and Vendor is obligated to provide said services. The
Agreement includes Vendor's Proposal, attached as Exhibit "A," and incorporated herein by
reference for all purposes.
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B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Services mean work performed to meet a demand or effort by Vendor to comply
with promised delivery dates, specifications, and technical assistance specified.
2.01 EFFECTIVE DATE, TERM, ALLOWABLE RENEWALS, PRICES FIRM
A. 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 term indicated herein, or is terminated or extended as provided herein.
B. This Agreement shall terminate upon the successful completion of services
described in the attached Exhibit "A."
C. Prices shall be firm for the duration of this Agreement. No separate line -item
charges shall be permitted for invoicing purposes, including but not limited to equipment rental,
demurrage, costs associated with obtaining permits, or any other extraneous charges.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
The goods and services which are the subject matter of this Agreement are described in
Exhibit "A" and, together with this Agreement, comprise the Contract Documents. Any
inconsistencies or conflicts in the contract documents shall be resolved by giving preference to
the terms and conditions set forth in pages one (I ) through nine (9) of this Agreement.
4.01 SCOPE OF WORK
Vendor shall satisfactorily complete all services described in Vendor's Proposal, attached
as Exhibit "A."
This Agreement shall evidence the entire understanding and agreement between the
parties and shall supersede any prior proposals, correspondence or discussions.
Vendor shall satisfactorily provide all deliverables and services described in Exhibit "A"
within the contract term specified. A change in the Scope of Services or any term of this
Agreement, including bonding requirements, must be negotiated and agreed to in all relevant
details, and must be embodied in a valid Supplemental Agreement as described herein.
5.01 CONTRACT AMOUNT
In consideration for the deliverables and services related to the deliverables, the City
agrees to pay Vendor Forty -Four Thousand Nine Hundred Ninety -Eight and 221100 Dollars
(S44,998.22) for the goods and services set forth in Exhibit "A."
6.011 INVOICES
All invoices shall include. at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received or services provided; and
D. Delivery or performance dates.
7.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then current fiscal year.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the performance,
supplies, materials, equipment, andior deliverables, or within thirty (30) days of the day on
which the performance of services was complete, or within thirty (30) days of the day on which
City receives a correct invoice for the performance andlor deliverables or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b); however, this Policy does not apply to payments made
by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor
or supplier about the goods delivered or the service performed that cause the
payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
9.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability to Vendor
if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or
otherwise were offered or given by Vendor or its agents or representatives to any City officer,
employee or elected representative with respect to the performance of this Agreement. In
addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code,
10.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
11.01 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers
12.01 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Rick Atkins
Parks and Recreation Department Director
301 West Bagdad Avenue
Suite 250
Round Rock, Texas 78664
(512) 341-3344
13.01 INSURANCE
Vendor shall meet all City of Round Rock Insurance Requirements as set forth at:
htt:llwww.roundrocktexas.govlwp-contenUuploads12014,'12r"corr insurance_07.20112.pdf.
14.01 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 demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
15.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor 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 bids for the same type of work unless the scope of work is significantly
changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to fully, timely and faithfully perform any of its material obligations
under this Agreement;
B. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
C. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
16.01 TERMINATION AND SUSPENSION
A. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
B. Vendor has the right to terminate this Agreement for cause, that being in the event
of a material and substantial breach by City, or by mutual agreement to terminate evidenced in
writing by and between the parties.
C. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
5
shall submit a statement showing in detail the goods and;`or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
17.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
18.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Vendor, its 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.
B. Vendor acknowledges and understands that City has adopted a Storm Water
Management Program (SWMP) and an Illicit Discharge Ordinance, Sections 14-139 through 14-
152 of the City's Code of Ordinances, to manage the quality of the discharges from its Municipal
Separate Storm Sewer System (MS4) and to be in compliance with the requirements of the Texas
Commission on Environmental Quality (TCEQ) and the Texas Pollutant Discharge Elimination
System (TPDES). The Vendor agrees to perform all operations on City -owned facilities in
compliance with the City's Illicit Discharge Ordinance to minimize the release of pollutants into
the MS4. The Vendor agrees to comply with of the City's stormwater control measures, good
housekeeping practices and any facility specific stormwater management operating procedures
specific to a certain City facility. In addition, the Vendor agrees to comply with any applicable
TCEQ Total Maximum Daily Load (TMDL) Requirements and/or I -Plan requirements.
C. In accordance with Chapter 2271, 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: (I) 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 Vendor verifies Vendor does not boycott Israel and will not boycott
Israel during the term of this Agreement.
19.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
20.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Austin Event Lighting
6414 West Bee Cave Road
Austin, Texas 78746
Notice to City:
City Manager Stephan L. Sheets, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
21.01 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.
22.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor 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.
23.01 DISPUTE RESOLUTION
City and Vendor hereby expressl}. 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
7
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) orany applicable state arbitration statute.
24.01 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 Agreement 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.
25.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor 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. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor 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 Vendor'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 Majeure. Neither City nor Vendor 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.
[Signatures on the following page.]
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City ound Rock, Texas
By: W�
Printed: K�i�irls'
Title:
Date Signed: _
Att4:'"
t
B_
Meagan S s, City Jerk
For C4anL.
d as to FAor:
By:
Stets, City Attorney
Austin Event Lighting
By: '�¢CrL /l2¢lLQ i -
Printed Name: Sean Krenek
Title: Owner/Operator
Date Signed: 11/3/2021
Exhibit "A"
Austin Event Lighting
Sean Kienek Owner
641 4 W Bee Cave Rd
Austin TX 78746
512 522 4458
A U S T I N
EVENT LIGHTING
CONTRACT
Soil Conservation Service Site 17
Rental Date: Nov 30, 2021 - Dec 05, 2021
Rental Location:
Reservoir
Client's Home: City of Round Rock
Add'I Contact:
Jenene Jelf ries-llhrig
Client's Phone:
Additional Phone:
Client's Email: twodock@roundrocktexas.gov
Additional Email:
Jeffries@roundrocktexas.gov
Initial setup:
Load Out:
Deacription
Quantity Per hem
Discount Price Total
Tumkey Lake Lighting
$14,722.44
Martin Axiom
28 x 3.0 Days $150.00
600/9 $5.040.00
Wvtng Beam fights creating elaborate designs over the lake and throughout the air in different
colors.
Elation Sixpar 3001P
56 x 3.0 Days $36.00
fit% $2,310.84
. Outdoor -rated wash r fights to Jummale the take in different cobrs. On control by operator throughout the evening.
Chauvet MK2 Wash Light
14 x 3.0 Days $120.00
61% $1,965.60
Rigging
$11785.00
3'xT Base Plate (GT)
14 x 3.0 Days $35.00
50% $735.00
3.Om (9.8411) - Global Truss
14 x 3.0 Days $35.00
50% $735.00
13' Top Plate (GT)
14 x 3.0 Days $15.00
50% $315.00
Effects
Master FX - Mystic Hazer
4 x 6.0 Days $105.00 500/0 $1,260.00
$1,260.00
Control
$2,175.00
High End Systems Road Hog4
1 x 3.0 Days
$300.00
50%
$450.00
400 Amp Power Distro
1 x 3.0 Days
$150.00
50%
$225.00
Lighting Operator
1 x 3.0 Days
$500.00
$1,500.00
Pre -Production
1 x 1.0 Day
$500.00
100%
$0.00
Tumkey Stage Lighting
$8,411.25
Chauvet R1 Wash/Beam
16 x 3.0 Days
$55.00
50%
$1,320.00
Rigging
$1,080.00
10h XSF Box Truss - Bilk
6 x 3.0 Days
$55.00
501/6
$495.00
5h XSF Box Truss - Blc
2 x 3.0 Days
$45.00
500/0
$135.00
CM Hurricane 360 Hand Chain Hoist wl 30 h Litt
4 x 3.0 Days
$75.00
500/6
$450.00
Stage Structure 45' wide x 25' deep x 19' tall
$3,795.00
20.5" x 20.5' Bolt Plate Truss - 10' Section
22 x 3.0 Days
$75.00
50%
$2,475.00
20.5- x 20.5" Bolt Plate Truss - 2.5' Section
4 x 3.0 Days
$45.00
501/6
$270.00
Page 1 of 6
Client's Initial -.._..
Austin Event L htin X"ibit "A"
Sean Kienek. Owne
6414 W Bee Cava RC
Austin TX 787 t6
512.522.4458
-quantity
Per Nem
Discount
20.5" x 20.5" Bolt Plate Truss - 5 Section 8 x 3.0 Days
$55-00
500%
4'x4' Base Plate XSF 4 x 3.0 Days
$65.00
50%
Control
High End Systems Road Hog4
1 x 3.0 Days
$300.00
Lighting Operator
1 x 3.0 Days
$500.00
Tumkey Sound System for Concert Performance
FOH MAIN SPEAKERS
1 x 3.0 Days
$1,560.00
(2) Nexo Goo S12 Bumper
(10) GEO S1210 Line Array Cabinet
(2) GEO S1230 Line Array Cabinet
(8) Nexo RS18-PT Sub -Array Cabinet-Cardoid or Omni
(3) Nexo NX4X4 16k W 4ch Digital Amp
FOH MAIN SATELLITE SPEAKERS
1 x 3.0 Days
$566.00
(2) Nexo Geo S12 Bumper
(6) GEO S1210 Line Array Cabinet
(2) GEO S 1230 Line Array Cabinet
(1) Nexo NX4X4 16k W 4ch Digital Amp
MONITORS
1 x 3.0 Days
$532.00
(7) Nexo 17515-172 Dual -Use 15" Cabinet
(2) Nexo NX4X4 16k W 4ch Digital Amp
CONSOLES
1 x 3.0 Days
$659.00
(1) Yamaha CL3 Digital Mixing Console
(1) Yamaha %3224-D2 - 3211160/BAES Stage Box
(1) Yamaha OL5 Digital Mixing Console
(1) 225' Whirlwind Dual Ethercon + 6ch anabg trunk
MICROPHONES
1 x 3.0 Days
$221.00
(1) Large Mc 10 in robing case STANDARD FESTIVAL KIT
(1) Large Rolling Mic Stand Kit
POWER DISTRIBUTION
1 x 3.0 Days
$85.00
(1) MotionLabs Max Pac 200amp 3phase L 1430 Distro
(1) 50' Banded Cambk Feeder
RIGGING
1 x 3.0 Days
$425.00
(4) Sumner Eventer 20" LNt
Audio Operator
1 x 3.0 Days
$500.00
A2
1 x 3.0 Days
$400.00
Tumkey Sound System for Light Show
OSC KW152 Powered Speaker
14 x 3.0 Days
$100.00
OSC Speaker Stand
14 x 3.0 Days
$15.00
Men & Heath ZED-12FX Muter
1 x 3.0 Days
$65.0
A2
1 x 3.0 Days
$400.00
let
A U S T I N
EVENT LIGHTING
CONTRACT
Price Tutal
$660.00
$390.00
$1,950.00
501yo $450.00
$1,500.00
$8,772.00
50% $2.340.00
50% $849.00
50% $798.00
50% $988.50
50% $331.60
VI % $127.50
50% $637.50
$1.500.00
$1.200.00
50% $2,100.00
500/0 $315.00
50% $97.50
$1,200.00
$3,712.50
Set-up $5,325.00
Page 2 of 6 Client's Initial
Austin Event Li hti n Exhibit "A"
Sean KienO 4wr
6414 W Bee Cave 1,L:
Austin TX 787,45
5 2.522 4458
A U S T I N
EVENT LIGHTING
CONTRACT
Description
Quantity
Per Item
Discount Price Tatal
Crew Chief
1 x 1.0 Day
$350.00
$350.00
Crew Chief for Stage Lighting & Structure
Crew Member
3 x 1.0 Day
$275.00
$825.00
Stage lighting & Structure Crew
Crew Chief
1 x 2.0 Days
$350 00
$700.00
Lake Lighting Crew
Crew Member
3 x 2.0 Days
$275.00
$1,650.00
Lake Lighting Crew Chiet
Crew Chief
1 x 1.0 Day
$350.00
$350.00
Crew Chief for Lake Audio
Crew Member
2 x 1.0 Day
$275.00
$550.00
Crew for Lake Audio
Crew Chief
1 x 1.0 Day
$350.00
$350.00
Crew Chief for Stage Audio
Crew Member
2 x 1.0 Day
$275.00
$550,00
Crew Member for Stage Audio
Tear Down
$3,875.00
Crew Chief
1 x 1.0 Day
$350 00
$350.00
Crew Chief for Stage Lighting & Structure
Crew Member
3 x 1.O Day
$275.00
$825.00
Stage Lighting & Structure Crew
Crew Chief
1 x 1.0 Day
$350.00
$350.00
Lake Lighting Crew
Crew Member
2 x 1.0 Day
$275.00
$550.00
Lake Lighting Crew Chief
Crew Chief
1 x 1.0 Day
$350.00
$350.00
Crew Chief lot Lake Audio
Crew Member
2 x 1.0 Day
$275.00
$550.00
Crew for Lake Audio
Crew Chief
1 x 1.0 Day
$350.00
$350.00
Crew Chief for Stage Audio
Crew Member
2 x 1.0 Day
$275.00
$550.00
Crew Member for Stage Audio
Discount Savings
-$93,653.06
Equipment & Design Total
$28,265.94
Service Total
$16,100.00
Sales Tax (or please provide tax exemption form)
$0.00
Processing Fee
$632.28
Total
$44,998.22
Page 3 of 6 Client's Initial
Austin Event
Sean vienek, Owne
6414 W Bee Calve Rc
Austin TX 787d6
5, 2 522.4458
500 Due At Signing
Check # and Date
Client's Signature
Exhibit "A"
Lighting
$22 499.11 Balance Due 15 Days After Event;
Check # and Date
A U S T I N
E V E 14 T L I G H T I N G
CONTRACT
$22.499.11
AEL/Sean Krenek I "Of, &"—Ifla Date
Page 4 of 6 Client's Initial
Exhibit "A"
Austin Event Lighting
Sean Krefiek, O'rrner
5+ 14 W Bee Cave no
Auslin TX 787,16
512 522 .1458
TOTAL: $44,998.22 TERMS:
Payment 1: $22,499.11
Payment 1 Due Date:
Payment 2: $22,499.11 Payment 2 Due Date:
A U S T I N
EVENT LIGHTING
CONTRACT
Balance Due 15 Days After Event
Upon signing of contract
" AUSTIN EVENT LIGHTING AGREEMENT TERMS & CONDITIONS ""'
I. ESTIMATE: Ausl n Event Lighting will provide an estimate of installat on, labor and service costs to the Customer. The estimate may wig be delivered in writ rig Austin
Event lighting wig use the Customer's verbal or written descripl'on in addition to any schematic layouts to approximate a$ Closely as possible the Customer's desired
layout; however Austin Event Lighting will riot be responsible for making any changes in design product, color, or location after installation has begun if Customer
requests changes to any or all portions of completed work. Customer will be responsible for the original as well as the additional costs for changed nsialtal'ron.
Subsequent Customer -requested additions andlor changes to the Contract may result in increasing the f nal production cost. The est male provided to Customer will
remain active for a trirty (30: day period alter which a new estimate may be required All labor charges are ESTIMATED at the time of the Contract Actual labor charges
are subject to change dependent on final conismation of event timeline or product on schedule. Project Managers and Project Designers retain exclusive authority to
adjust the estimate prov ded as per the Contract.
II. EVENT DESIGN APPROVAL; Customer may request any charges to the approved Contract up to fourteen 114) days prior to event date w Ihout financ at penalty
subject to pricing variations for charges in event design All requested changes after the approval of the Contract are subject to availability of the equipment and may
result in surcharges or premium rates dependent on availability and location of equipment.
III. CUSTOMER'S RESPONSIBILITIES. Customer s required to provide Ausl n Event Lighting with an mil at event schematic or floor design on or before the approval of
the Contract, and a I nal schematic or floor des'gn no later than fourteen (14) days prior to event date unless otherwise agreed upon by the Client and Austin Event
Lighting. Any changes to schematic or floor design after approval of the Contract must be communicated to Austin Event Lighting immediately to determine alignment
with existing Contract. The Customer is required to Inform Austin Event Lighting in the event any reproduct on rebroadcast or redistribution of the event is anlicipaled
IV. ELECTRICAL: No later than fourteen (141 days prior to the event. Customer is required to provide Ausl n Event lighting with a Psi of additional service providers (ex
sound, catering, etc) expected to draw power from the venue 10 determine overall electrical capacity of the venue. Each venue has different policies concerning the use
of power. At limes it is necessary to order additional power for your lighting package. Austin Event Lighting will let Customer know our power needs and will furnish the
venue with our needs on request, but Customer is ultimately responsible for making sure Customer has adequate power order/supplied in the room or location. Austin
Event Lighting is not responsible for power, or costs associated with power. Austin Event Lighting will not be responsible for inadequate, faulty, or overloaded electrical
Sources 01 the venue; however. Austin Event Lighting will work with the Customer to ensure adequate performance in conformance with the approved Contract.
V. MULTIMEDIA PRESENTATIONS; Customer acknowledges that multimedia presentations (including slideshows, PowerPoint, video tiles, etc) require additional time,
technical expertise and specialized equipment to ensure the Customers expectations are met. Customer agrees to provide ALL required multimedia to Austin Event
Lighting no later than three (3) days prior to the date of the event or at a previously agreed upon date as set forth in the Contract by way of removable media (Flashdrive
etc). Austin Event Lighting must be provided with a non -returnable copy of all required multimedia (NO ORIGINALS) for purposes of the production. In the event
Customer fails to provide any required multimedia prior to load -in, Austin Event Lighting is not responsible for any delays, increased costs, or failures in multimedia
display stemming from Customer failure to comply with the obligations set forth herein.
VI. PAYMENT AND CONFIRMATION: Customer will be invoiced immediately following Customers approval of the Contract. Customer is required to piece a Deposit in
the amount of fifty percent (50%) of the total Contract amount to reserve equipment necessary for the event. Customer acknowledges that Austin Event Ughting
equipmenl and design availability is limited and as such ALL DEPOSITS ARE NON-REFUNDABLE. Cancellations made no later than fourteen (14) days prior to the
event will result in the forfeiture of the deposit: cancellations made less than fourteen (14) days prior to the event date wig be invoiced in fug.
VII. NONPAYMENT: In the event the Customer tails to pay Austin Event Lighting in lull seven (7) days prior to the event date or at a previously agreed upon date as set
forth in the Contract. Customer will be required to pay Austin Event Lighting the full contractual amount and Austin Event Lighting will be under no obligation to render
services. With respect to the unpaid amount, if Customer tails to pay the remaining balance a fifteen percent (15%) late payment tee will be added to the remaining
balance on the fourteenth (14th) day alter the date of the event and an additional five percent (5%) will be added each week thereafter. Due to the volume of Austin
Event Lighting events. any payment disputes must be raised within live (5) business days of the Event; with undisputed amounts timely paid. The Contract will be
conclusively deemed fulfilled if the Customer does riot, on or before the specified deadline: (1) timoty pay any undisputed portion; and (2) furnish Austin Event Lighting
with a written explanation of the basis for the Customers dispute, together with (where applicable) reasonable supporting documentation. Customer agrees to pay any
and an court costs, attorney lees, and any other collection costs related to returned checks or unpaid balances.
Vlll. FORCE MAJUERE ("ACT OF GOD") PROVISIONS: Austin Event Lighting is not responsible for any events beyond their control Ihat prevent Austin Event Lighting
from complying with any of its obligations under this Agreement, including but not limited to acts of God (including but not limited to tires, explosions, earthquakes,
drought, tornadoes, excessive wind andlor rain, floods, public health d safely emergencies). If and to the extent that Austin Event Lighting is prevented from executing
the services described herein then Austin Event Lighting shall be relieved of its obligations to provide the services but shall endeavor to continue to perform its obligations
under the Agreement so far as reasonably practicable. and in accordance with industry -standard operating practices, provided that if and to the extent that Austin Event
Lighting incurs additional costs in so doing, Austin Event Lighting shall be entitled to the amount of such costs. Customer acknowledges that outdoor events specifically
incur the risk of acts of God and accepts the risks associated therewith in contracting with Austin Event Lighting, Further, Austin Event lighting is under no obligation to
refund any payment made due to inclement weather.
IX. MARKETING LICENSE: The Customer expressly grants 10 Austin Event Lighting a license to use any photographs or video of the event installation, build -out. or
final production for purposes of Austin Event Lighting marketing materials and website use.
X Austin Event Lighting TECHNICIAN REQUIRED: The Customer acknowledges that Austin Event Lighting equipment is highly specialized and requires an approved
Austin Event Lighting technician to be on -site for the duration of the Customer's event. Should Customer DECLINE to retain an approved Austin Event Lighting technician
Page 5 of 6 Client's Initial
Austin Event
Sean Kran6k Owner
6o i a IN Bee Cave Rd
Austin TX 78716
512.522 . 4458
for the duration of the event
Exhibit "A"
Lighting
n
A U S T I N
EVENT LIGHTING
CONTRACT
A. Aust.n Event Lghting is not responsible for equipment failure, technical issues, or defects in control caused solely by the acts or omissions of Customer's
employees, agents, guests or subcontractors; and
B. Customer is responsible for the physical and working condition of the leased equipment at all times and through operation and use by all employees, agents or
subcont-actors.
Customer will not be responsible for any defects caused or determined to exist by way of equipment or component failure as a result of a manufaCluie's defect.
However. Customer will be responsible for all losses stemming from theft, damage or loss of equipment. The Customer shall not remove the equipment from the
address of the Customer or the location shown herein as the place of use of the equipment without prior written approval of Austin Event Lighting. The Customer shall
inform Austin Event Lighting upon demand of the exact location of the equipment while it is in the Customer's possession care or control. The Customer shall pay Austin
Event Light rig all necessary coslis) for replacement and/or repair of any equipment that -s not returned because it is lost or stolen or any equipment that is damaged and
in need of repair to put it into the same condit on it was at the 1 me of rental: normal wear and tear excepted. Upon return of all equipment to Austin Event Lighting,
Owner agrees to inspect all equipment within three (3) bus ness days. All inspections will be documented in writing and any damages will be reported to Customer within
twenty-four (24} hours of identification and assessment. Any Austin Event Light rig invoice for replacement or repair is Conclusive as to the amount Customer shall pay
under this paragraph for repair or replacement.
XI. INDEMNIFICATION: Customer agrees to indemnify and hold Austin Event Light rig, their officers. agents and employees harmless from any iabdity, loss or damage
they may suffer as a result of claims. demands, costs or judgments against them arising out of the act vities to be carried out pursuant to the obligations of this
Agreement. however. that any such liability. loss or damage resulting from the follow-ng Subsection's' or W is excluded from this Agreement to indemnify and hold
harmless
A The negligent failure of Austn Event Lighting to substantially comply with an applicable industry -standard safety protocol known to Aust n Event t'ghYng at the lime
of the Agreement'
B. Any reckless or intentional acts of malfeasance by any employee or agent of Austin Event Lighting.
XII. LIMITATION OF LIABILITY: Austin Event Lighting and its consultants, partners, agents and employees shall not be liable to the Customer for any and all claims.
losses, expenses, injuries. or damages aria rig out of or any way related to this Agreement by reason of act or omissions. including breach of this Agreement or
negligence not amount rig to a willful or nlentional act for any amounts in excess of the total sum paid to Austin Event Lighting under this Agreement. Ausl-n Event
Lighting shelf not be liable to the Customer for any spec al or consequential damages, Including but not limited to, lost prolits. loss of use, and costs of replacement,
caused by Austin Event Lighting's negligence. breach of this Agreement, or any other cause whatsoever.
)(Ill. REVIEW AND CONSULTATION: It is understood and agreed that Customer has entered into and executed this Agreement voluntarily and that such execution by
Customer is not based upon any representations or promises of any kind made by Austin Event Lighting or any of its representatives except as expressly recited in this
Agreement Customer further acknowledges that it has read and fully, understands each section of this Agreement and that it was afforded the opportunity 10 consult wish
an attorney prior to executing this Agreement.
XIV. PARTIES BOUND. This agreement is binding on and inures to the benefit of the parties and their respective heirs employees, agents, execulors, administrators
legal representatives successors, and assigns.
XV. GOVERNING LAW: This Agreement shall be governed by and construed ;n accordance with the laws of the State of Texas Venue of any case or controversy
arising under or pursuant to this Agreement shall be in Travis County, Texas. United States of America Any prevailing party in an actu:n related to this Agreement shall
be entitled to recover their reasonable and necessary attorneys fees.
XVI. ARBITRATION: Any claim or dispute of any nature arising under this agreement or arising in connection with or as a result of Austin Event Lighting's contract with
Customer before or alter the date of this agreement will be subject to resolution by binding arbitration conducted in Austin Texas, pursuant lu the Texas General
Arbitration Act and the applicable rules of the American Arbit: anon Associat on This arbitration agreement will survive any amendment. modification, or lerminal'on of lh s
agreement unless this paragraph is modil ad by a writing signed by all parties to this agreement that refers expressly to this arbeNalion agreement.
By signing below, I certify that I am the client represented in this contract or have otherwise received authorization to sign
on their behalf.
Accepted and Agreed:
Client Signature:
Name & Title:
Date:
AEL Signature:
Sean Krenek
Owner/Founder, Austin Event Lighting
Date: 11/3/2021
Page 6 of 6 Client's Initial
ROUND ROCK
TEXAS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing an Agreement with Austin Event Lighting for sound and
lighting services at Light up the Lake 2021.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/12/2021
Dept Director: Rick Atkins, Director
Cost: $44,998.22
Indexes: General Fund
Attachments: Agreement with Austin Event Lighting for Light up the lake 2021(1103 21)
(00484943xA08F8), LAF - Austin Event Lighting for Light up the Lake 2021
(00485038xA08F8)
Department: Parks & Recreation
Text of Legislative File CM-2022-299
This agreement is for the purchase of Lighting and Sound services for Light Up the Lake 2021. Light Up the
Lake is a community event that will be held on December 2nd, 3rd and 4th. We will have vendors,
activities, parade balloons, lasers, yule logs, and much more. We anticipate well over 10,000 visitors to Old
Settlers Park each evening. The Sound and Lighting agreement will provide lights over Bright Lake as well as
Lights and Sound for the bands that will entertain each evening..
Cost: $44,998.22
Source of Funds: General Fund
City of Round Rock Page 1 of 1