CM-2021-303 - 11/19/2021DocuSign Envelope ID: C46385A8-4390-464B-BF39-6EAF86logEA8
CITY OF ROUND ROCK
ARTIST'S AGREEMENT WITH
AUX ENTERTAINMENT LLC.
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 AUX
Entertainment LLC., f/s/o "OSO" (hereinafter referred to "Artist").
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:
1. Show Details
A. Artist agrees to perform at the City's Old Settlers Park on December 4,
2021, at 3300 Palm Valley Boulevard, Round Rock, Texas, pursuant to the
terms set forth herein.
B. The Artist shall perform at 8:30 p.m. or as agreed upon by the parties, for
approximately 20-25 minutes.
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, lights,
backline and secured dressing area.
2. Compensation
A. In consideration for the services to be performed Artist, City agrees to pay
Artist a total sum not to exceed Two Thousand and No/100 Dollars
($2,000.00), in full payment for the services delineated herein.
B. Payment shall be made by City to Artist in U.S. funds by City of Round
Rock as follows:
4892-6502-47701ss2
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(1) One Thousand and No/100 Dollars ($1,000.00) shall be paid to
Artist upon execution of this Agreement via wire transfer; and
(2) One Thousand and No/100 Dollars ($1,000.00) shall be paid to the
Artist immediately prior to performance on December 3, 2021 via wire
transfer.
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. 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.
Reproduction of Performance
City shall not record or permit others to record, broadcast, televise, photograph or
otherwise reproduce the visual and/or audio performance.
DocuSign Envelope ID: C463B5AB-4390-464B-BF39-6EAF8610BEAB
6. Riaht 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:
I. Withhold FICA from Artist's payment or make payments on its
behalf;
2. Make state andlor 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
C
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AND TO
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, Texas 78664
Notice to Artist:
AUX Entertainment LLC.
B. Nothing contained in this section shall be construed to restrict the
transmission of routine communications between representatives of City
and Artist.
10. 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.
11. 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.
12, 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 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.
13. 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.
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14. 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.
15. Indemnification
Artist shall indemnify and hold harmless the City, to the fullest extent permitted by law,
for any claims or suits arising from any gross negligence on behalf of the Artist associated with
the Engagement.
City warrants that in the event the Engagement does not occur for any reason whatsoever
(including without limitation due to: cancellation, suspension, or Force Majeure) the Artist shall
not be required to refund any monies paid in respect of the Engagement.
City shall fully indemnify and hold harmless the Artist, to the fullest extent permitted by
law, for any claims or suits arising from any gross negligence on behalf of the City associated with
the Engagement.
City shall indemnify and hold harmless the Artist, personnel, representatives, principals,
band members, officers, employees, directors and travelling party), to the fullest extent permitted
by the law, in respect of any loss, damages, costs or third -party claims (including reasonable
attorneys fees) that Artist incurs as a result of City's breach of any warranty or term set forth
herein.
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 Majeure
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 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 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 faith 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: (i) 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, TE S
By:
City Manager
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Date Signed: I 2—
FOR CITY, ATTEST4Cerk
By• .
Meagan Spti,
FOR CITY PPROVED AS TO FORM:
By-
e�City Attorney
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AUX ENTERTAINMENT LLC.
Oocuftned by:
By: _li�iaK1 t,G��t,V
EA7F79019F3648E
Title: Manager
Date Signed: 11/15/2021
ROUND ROCK
T E W.
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Artist's Agreement with Aux Entertainment, LLC OSO for performance at 05P on
December 4, 2021.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/19/2021
Dept Director: Rick Atkins, Director
Cost: $2,000.00
Indexes: General Fund
Attachments: Artist Agreement OSO
Department:
Text of legislative File CM-2021-303
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: $2,000
Source of Funds: PARD
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