CM-2021-306 - 11/19/2021CITY OF ROUND ROCK
ARTIST'S AGREEMENT WITH
TALENT CONNECTION, L.L.C.
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 TALENT
CONNECTION, L.L.C., f/s/o "London Calling" (hereinafter referred to "Artist"), whose
address is 10011 Stonelake Boulevard, #432, Austin, Texas 78759.
RECITALS:
WHEREAS, City has determined that it has a need to contract for the performance
services of Artist, specifically for the City's "Light Up the Lake" event; 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:
Show Details
A. Artist agrees to perform at the City's Old Settlers Park on December 2,
2021, at 3300 Palm Valley Boulevard, Round Rock, Texas, pursuant to the
terms set forth herein.
B. The Artist's sound check shall be completed not later than 5:00 p.m. The
Artist shall perform the first set from 7:00 p.m. through 8:15 p.m., the
second set from 8:30 p.m. through 9:30 p.m., and an encore at the Artist's
discretion.
C. Artist shall have the sole and exclusive control over the production,
presentation, and performance of the Show.
D. City shall provide at its expense power, stage, PA/sound system and
engineers, lights, secured dressing area and backline as set forth in the
attached Exhibit "A," incorporated herein by reference for all purposes.
E. Artist shall consist of male vocal, female vocal, guitar, keyboard, bass and
drums (six pieces).
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2. Compensation
A. in consideration for the services to be performed Artist, City agrees to pay
Artist a total sum not to exceed Four Thousand Five Hundred and
No1100 Dollars ($4,500.00), in 11611 payment for the services delineated
herein.
13, Payment shall be made by City to Artist in U.S, fluids by City of Round
Rock check as follows:
(1) Two Thousand Two Hundred Fifty and No/100 Dollars ($2,250.00)
shall be paid to Artist (payable to Cecilio Ruiz) upon C:XCCLIt[O[l Of this
Agreement; and
(2) Two Thousand Two Hundred Fifty and No/100 Dollars ($2,250.00)
shall be paid to the Artist (payable to Cecilio Ruiz) immediately prior
to pc[-lormance on December 2, 2021.
3. Cancellation of A,)rcement
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 writlIT.
B. Proper cancellation by any party shall extinguish all rights, duties, and
obligations ol`C'ity and the other party to fulfill contractual obligations.
4. Independent Contractor Status
Artist is an independent contractor, and is not City',-, employee. This Agreement does not
create a partnership relationship, employer/employee relationship, joint venture relationship,
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principal/agent relationship, or any other relationship ol'similar kind, and no party shall represent
itself to third parties as having such relationship.
5. Reproduction ofl_'crlormance
City shall not record or permit others to record. broadcast, televise, photograph or
otherwise reproduce the visual andlor audio performance.
G. 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. Assi<,>nment and Delcy, ion
No party may assign any rights or delegate any duties under this Agreement without the
other party's express prior written approval.
8. Payment ofTaxes
A. Artist shall pay all income taxes. and FICA (Social security and
Medicare taxes) incurred while performing services under this
Agreement. City will not:
I. 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 Isom Artist's payment.
B. 11' requested, City shall provide Artist with a certificate from the Texas
State Comptroller indicating that City is a non-prolit 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:
I. When delivered personally to the recipient's address as stated in
this Agreement; or
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2. 'Three (3) days alter being deposited in the t).S. mail, postage
prepaid, to the recipient's address as stated herein.
Notice to City:
Laurie I ladley, City Manager
City of Round Rock
221 fast Main Street
Round (lock, Texas 7966=4
ANI) TO
Stephan L,. Shects
City Attorney
309 Fast Main Street
Round Rock, 'Texas 78664
Notice to Artist:
Talent Connection, I..L.C.
1001 1 Stonelake Boulevard, U432
Austin, Texas 78759
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.
l 1. 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 hereol. No modifications of
this Agreement will be binding on the parties unless acknowledged in writing by the duly
authorized governing body or representative fox each party.
12. Audio or Visual Reproduction
No part, portion, or segment of Produccr/Artist's performance shall be reproduced by
City using either audio or visual mean% without prior written consent of Producer/Artist.
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13. Right to Sell Merchandise Items
A. Artist 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 ol'(,ity. 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 ol-engagement.
14. Jurisdiction and Venue
Exclusive jurisdiction and venue shall lie in Williamson County, Texas. Me patties
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 f()r payment of casts, 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 Iron 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
pertorming 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 indemnity, 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 (lie other party's negligence in the performance of
this Agreement.
19. Sickness or Accident
In the event of sickness or if accident to Artist bc)ond 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 lives immediate notice of
sickness or accident to City.
19. Force Mature
No party hereto will be responsible Eor 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 ofterror, an epidemic or pandemic, a public
health emergency, a declaration of'disaster, or any other occurrence beyond such party's control.
In the event the perlormance cannot be held as a result of a Force Mgjew-e event, the
parties shall re -schedule the performance to a mutually agreed upon date and time. The terms set
forth in the executed Artist Agreement 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 laith whether any
such inclement weather conditions shall render the performance impossible, hazardous or unsafe.
21. Compliance with Laws
In accordance with Chapter 2271, 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.
jSignatures on the following page.1
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IN WITNESS WIIIsRI:01', the parties have executed this Agreement in duplicate
originals on the dates hereafter indicated.
CITY OF ROUmityanagcF
By:
�jrlt�,45�j,e✓f� W�-Sa
Date Signed:
FOR CITY, ATTEST';
13y.�
Meagan Spit s, City C1 rk
FOR CITY AP "ROVED AS TO FORM:
13y: .
Step tan I.. 'hccts, City Attorney
TALENT C NFX ON, L.L.C.
By:
Gentry , parling, Member of Talent
Connection, L.L.C.
Date Signed:
Exhibit "A"
l:otl(ioll( iIIin.,-,
London Calling Performance Rider
Power: Standard sct-up requires 4 separate - 20 amp circuits. Larger set -tip may
require up to G separate circuits depending on sound and lighting needs.
Stage: For the basic b-piece ensemble, a minimum 20' x 20' (or equivalent) stage is
preferred... please inform (.gentry or Cccilio il'stage or floor area is smaller than 1 G' x
16'. An 8' x I drum riser is preferred. Drum riser no higher than 18" above stage. For
the 9-piece or larger ensemble, a minimuni 20' x 24' (or equivalent) stage is preferred.
Setup and Sound Check: Where LONDON CALLING will provide basic
sound and lighting, the band must have a minimum of2-3 hours for setup and sound
check. For events where a larger sound or lighting system is required, more time may be
necessary.
For events where the client provides sound and lighting, LONDON CALLING will need
a minimum oftwo hours for setup and sound check. The amount of'sound equipment
and stage lighting provided for LONDON CALLING is batted on the size orthe venue
space as well as the ambiance ofthe event. I.ONDON CALLING'S production specialist
will tailor your sound and lighting needs with the production company you hire.
Break Room: A Sr.CURI? break and changing room area with I IVAC, clothes rack,
bathroom and hill -length mirror with at least I - 20 amp outlet for power.
Food and Beverage: A hot catered meal with tea, bottled water, sodas and
dessert for each musician plus crew should be available at least one ( I ) hour prior to
show time... immediately loilowing sound check is usually an ideal time for the band to
be led. Where a buffet Style meal is provided, please have an area for the band to sit and
cat; either in the main dining area or in the band's break room. $30/person meal buyout
in lieu or food is an option.
Additional Requirements: LONDON CALLING must have a minimum of
three heaters on or near stage for outdoor events where weather is expected to be below
45 degrees. For outdoor events where the temperature will be 80 degrees or warmer,
LONDON CALLING must be setup under a covering (roof; pavilion, ctc). Event
timeline~ are appreciated at least one week in advance to ensure your perlormancc
satisfaction.
Parking Validation/Reimbursement: Where and when costs are incurred
For LONDON C'ALI,ING to park vehicles, client shall facilitate validation of•parking
stubs andior reimburse LONDON CALLING for the cost of parking.
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Exhibit "A"
COVI D-19 Provisions: All band equipment (instruments, microphones, etc.)
will only be used by band members... bend leader will act as emcee to make any
announcements. In the alternative, please let band leader, and the sound company you
are using il'L.ondon Calling is not providing its own production, know ifany non -hand
member will need to make announcements... if so, a separate microphone (not used by
the band) must be used.
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London Calling --- Notes--- ---Mrc Input US[-_w 10-Key.L(radial dr) wireless) to dr on TRS(Al lint-.S tou,ll
G Aiece hand(wJout horns) 1.-ki[.k(Shure 6eta.52) 11-KeY.R(radial di) 19-Drum 78(5157) to rand[P) Gtr and bass
s w l has a nS.
lOndoncal(ingband-net requires minimun ,G'x1G' 2-Snare(Sen e604) 12-Sax(SM58) 21 FI sIt Mic(Sheer'TR u-C wRrelessJ wireless IEM,wllll need 2
stage. 3-hat(SM81) 14 Trumpet(Sh757)
9 pi r.Cr, hand(w/horns) 4 rac.(Sen e604) 14 Trombone(SM58) 22-FPod.L stereo.unamphfied mixes(4
Gentry Sparking 15-Vox tr SMSS) 23-(Pod.R lines total)near stage.both
Agent Manager requires minimun 20'x24' S fa (Sen e1504) 9 (• Singers want their monitors
912-506 3986 stage. G-Drum Machme.l.(radial di) 16-Vox drm,6eta57)
ge ntry�w9ondpncallmgband.n Produc ion requests 7-Drum Machine.R(rad-al di) 17.Vox Maly(Shure Drummer and Keys carry VERY LOUD.
et
m'nirn i n 4 separate 20 amp 5-Bass DI(amp out Or radial) Wircle55) pel5onal mixers for IEM-Will
urcWts at rear of stege, g Guitar(e906 or sm571 18-Vox female(Shure Ineed 2 stereo, unamplrfied
IROCity of Round Rock
ROUND ROCK
Agenda Item Summary
Agenda Number:
Title: Consider executing an Artist's Agreement with Talent Connection, L.E.C. f/s/o
"London Calling" for Light up the Lake 2021.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/19/2021
Dept Director: Rick Atkins, Director
Cost: $4,500.00
Indexes: General Fund
Attachments: Talent Connection LLC[26], LAF - Artist's Agreement with Talent Connection,
L.L.C. (London Calling) (00485124xA08F8)
Department: Parks & Recreation
Text of Legislative File CM-2021-306
This item will allow for the live music entertainment for Light Up the Lake Event to be held Thursday -
Saturday, December 2 - 4, 2021. This will be the second year for Round Rock Parks and Recreation to host
the city's annual Christmas tradition event - Light Up the Lake! A big, glowing, spectacular event
transforming Old Settlers Park/Bright Lake into a Christmas Light Extravaganza. Each night will feature
giant helium and cold air balloons hovering over Bright Lake, amazing light shows, live music concerts,
holiday displays, food, refreshments, family activities, yule log and more! With and estimated attendance
of 20,000 in 2020 we know that this year will be bigger and better!
Cost: $4,500.00
Source of Funds: General Fund
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