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CM-2023-098 - 6/2/2023CITY OF ROUND ROCK CONFIRMATION OF ENGAGEMENT FOR ARTIST'S PERFORMANCE ON 7104/2023 This Confirmation of Engagement for Artist's Performance is distributed by the City of Round Rock (the City), whose address is 221 East Main Street, Round Rock, Texas 78664, and has been delivered to Allan Adelman, Interim Executive Director, Austin Symphonic Band (the Agent/Artist), whose address is PO Box 6472, Austin, Texas 78762. 1. Show Details Place of Engagement: Old Settlers Park 3300 Palm Valley Boulevard, Round Rock, TX 78664 Artist Name: Austin Symphonic Band Artist Contact: Allan Adelman, ASB interim Executive Director Artist Address: PO Box 6472, Austin, Texas 78762 Artist Email: execdirector(&austinsymphonieband.org Artist Phone: (512) 956-7420 City Contact: Todd Worlock City Contact Phone: (512) 671-2704 City Contact Email: tworlock axoundrocktexas.Qov Purchaser Comp Tickets: 0 Date of Engagement: Set-up: Time of Show(s): Show Length: Compensation: July 4, 2023 To be completed by 7:30 p.m. 8:10 P.M. One Hour and a Half $4,499.00 Support: NIA Advance Ticket Price: NIA Door Ticket Price: Free Outdoor Concert Admission Age: All Ages Capacity: NIA Gross Price: $0.00 4884-3094-7174,-ss2 Tax: NIA Net Price: $0.00 Sound and Light Company: Austin Tent and Events (12 microphones to be provided for audio amplification) Accommodations and Travel: None Merchandising: 100% artist sells Billing: 100% headliner Purchaser: City of Round Rock, Texas Purchaser Contact: Parks and Recreation Department, Todd Worlock Agent/Artist: Austin Symphonic Band 2. Compensation Upon submittal of an invoice to City by Artist, City shall pay by check the total sum of Four Thousand Four Hundred Ninety -Nine and No/100 Dollars ($4,499.00), in full payment for the services rendered. 3. Cancellation City advises Artist that the performance may be cancelled, with the duty of City to pay extinguished, only as follows: by City, with or without cause, if written cancellation notice is given to Artist not less than thirty (30) days prior to the performance date. 4. Inde endent Contractor Artist is an independent contractor, and is not City's employee. This document does not create a partnership relationship, employer. -employee relationship, joint venture relationship, principaliagent relationship, or any other relationship of similar kind, and no party shall represent itself to third parties as having such relationship. S. Audio or Visual Reproduction No part, portion, or segment of Artist's performance shall be reproduced by City using either audio or visual means without prior written consent of Artist. 6. Riaht to Sell Merchandise Items Artist shall have the right to sell various legal merchandise items at a suitable place or places within the venue or place of engagement, and City shall receive no commission on 2 the sale of such items. Insurance City has general liability insurance relative to potential third -party claims arising from the performance. City will not provide insurance coverage, such as health, accident, or worker's compensation coverage, for the Artist, his agents, employees, volunteers, members of the performing group, or anyone else connected, and City will not provide insurance coverage for any musical instruments, equipment or vehicles. 8. Inclement Weather In an outdoor venue, City will determine in good faith whether any inclement weather conditions will render the performance impossible, hazardous, or unsafe. In the event of weather cancellation by City, payment in full will be made by City. 9. 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. In the event a 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 or mutually cancel the event with any fees paid being returned to the City in whole. 10. 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 the contract. The signatory executing this Agreement on behalf of Artist verifies that Artist does not boycott Israel and will not boycott Israel during the term of this Agreement. [Signatures on the following page.] ARTIST: Signature: Printed Name: _Amanda Heam. Executive nireclor Austin symphonic nand Date Signed: 5/31/2023 CITY OF ROUN ROCK, TEXAS Signature: ��� Printed Name: Date Signed: .� Z f ?_UU2—k 1TE00- ROUND ROCK XA5 City of Round Rock Agenda Item Summary Agenda Number: Title: Contract for Fourth of July performance by Austin Symphonic Band Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 6/2/2023 Dept Director: Rick Atkins, Parks and Recreation Director Cost: $4,499.00 Indexes: General Fund Attachments: LAF Artist Agreement w- Austin Symphonic Band 06 0123, Artist Agreement - Austin Symphonic Band for 07 04 23 (2) Department: Parks & Recreation Text of Legislative File CM-2023-098 Contract for Fourth of July performance by Austin Symphonic Band Cost: $4,499.00 Source of Funds: General Fund City of Round Rock Page 1 of I