CM-2015-796 - 5/29/2015City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider authorizing an Artist's Agreement with The Only Cupid, LLC dba
"Cupid and the Dance Party Express" to perform at the City's Juneteenth
celebration.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/29/2015
Dept Director: Rick Atkins, Director
Cost:
Indexes:
Attachments: LAF_City Manager Approval Form.pdf, Backup Artist Agreement.pdf
Department: Parks and Recreation Department
Text of Legislative File CM -2015-796
City of Round Rock Page 1 Printed on 5/2812015
CITY OF ROUND ROCK
CONTRACT MANAGEMENT SECTION
CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION
Required for Submission of Specific City Manager Items
Department Name: PARD
Project Mgr/Resource: Rick Atkins
x�City Manager Approval
Approval
Project Name: Artist's
The Only Cupid, LLC dba "Cupid and the Dance
ContractorNendor: Parry Express"
t,nw vvoraing
Consider authorizing an Artist's Agreement with The Only Cupid, LLC dba "Cupid and the Dance Party Express" to perform at the
City's Juneteenth celebration.
x❑Employee E.E. (Ric) Bowden dataMav 20, 2015
CITY OF ROUND ROCK
ARTIST'S AGREEMENT WITH
THE ONLY CUPID, 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 The Only
Cupid, LLC dba "Cupid and the Dance Party Express" (hereinafter referred to "Artist"),
whose address is P.O. Box 60116 Lafayette, Louisiana 70596.
RECITALS:
WHEREAS, City has determined that it has a need to contract for the performance
services of Artist; 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 Juneteenth Festival on
June 20, 2015, at 3300 East Palm Valley 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 Four Thousand and No/100 Dollars
($4,000.00), 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 check as follows: Four Thousand and No/100 Dollars ($4000.00)
shall be paid to Artist immediately prior to the performance on June 20,
2015.
C. In addition to the monetary compensation set forth above, City shall
provide Artist with certain items set forth in Artist's Rider, attached as
Exhibit "A" which document is attached hereto and incorporated herein
by reference for all purposes.
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.
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.
6. Right to Likeness
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Artist's name or likeness may not be used as an endorsement of any product or service
nor in connection with any commercial tie-up 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, TX 78664
3
S,
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, Texas 78664
Notice to Artist
The Only Cupid, LLC
P.O. Box 60116
Lafayette, Louisiana 70596
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. Richt 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.
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14. Jurisdiction and Venue
This Agreement shall be governed by the laws of the State of Texas, and 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 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 Ma'el ure
For purposes of this Agreement, `force majeure" means an act of terror committed within
the United States of America that materially impairs business operations; a prolonged and
unforeseen strike, riot, or occurrence of civil disobedience that materially impairs business
operations; a prolonged and unforeseen shortage of fuel, labor, or material; delay related to or
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caused by a severe weather event, such as a tornado, a hurricane, or flooding; interruption of
utilities; fire or other casualty; or any other act of God beyond City's or Artist's reasonable
control, which could not be avoided by the exercise of due care.
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.
IN WITNESSREOF, the parties have executed this Agreement in duplicate
originals on this the 2�y of the month of Mai; 2015.
CITY OF ROUND ROCK, TEXAS ARTIST
Laurie Hadley,
City Manager
ATTEST:
By: /rrVryry����
z
Sara L. White, City Clerk
FOR CITY, APPROVED)' TO FORM:
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EXHIBIT "A"
ARTIST'S RIDER
FOOD:
Hot meal catering shall be provided by City for three (3) people before or after Show. If the
venue includes a restaurant or dining hall facilities, equivalent menu items are requested.
SNACKS (To be in Hotel Room):
City shall provide:
• Chicken Strips or Wings — for three (3) people
• Sugar -Free Bubble Gum
• Bananas/Oranges/Baby Carrots
Paper plates, silver/plastic ware and paper towels shall be provided by City.
BEVERAGES:
City shall provide:
• Gatorade
• Bottled Spring Water — for six (6) people
• Red Bull Energy Drinks — five (5) cans
• Cranberry Juice
• 5 Hour Energy
Ice and beverage cups shall also be provided.
If beverages are not supplied in the dressing room, than Artist must have easy access to the bar
or a waiter/waitress who is readily available to take orders.
ACCOMMODATIONS:
Hotel accommodations shall be provided by City for five (5) people. Five (5) double -sized hotel
rooms are preferred in a three (3) -star or higher hotel. The following name shall be used when
reserving the rooms: Cupid 1, 2, 3. ABSOLUTELY NO INNS!!!
PARKING REQUIREMENTS (If Necessary):
Parking shall be cleared for a full-size van and trailer at the time of load -in. If this cannot be
provided, City must advance an alternate and close parking solution with Cupid's tour manager.
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ROUND ROCK TEXAS
ADMINISTRATION DEPARTMENT
June 2, 2015
The Only Cupid, LLC
P.O. Box 6o116
Lafayette, Louisiana 70596
To Whom It May Concern:
Mayor
Alan McGraw
Mayor Pro -Tem
George White
Councilmembers
Craig Morgan
Frank Leffingwell
Will Peckham
John Moman
Kris Whitfield
City Manager
Laurie Hadley
City Attorney
Stephan L. Sheets
On June z, 2015, City Manager, Laurie Hadley, executed an Artist's Agreement with The Only
Cupid, LLC for the City of Round Rock Juneteenth Festival on June 20, 2015.
Enclosed is an executed original for your files. If you have any questions, please feel free to
contact Rick Atkins, PARD Director at (512) 341-3344•
Sincerely,
Monique Adams
Assistant to the City Manager
Enclosure
File: CM -2015-796
CITY OF ROUND ROCK 221 East Main Street, Round Rock, Texas 78664
[P] 512.218.5410 • [F] 512.218.7097 . roundrocktexas.gov