CM-04-07-014,vlt r
' Li
Request for City Council/City Manager Action
Please submit this form when placing items on the council agenda or when submitting an item to the City Manager for approval.
Department: PARD Project Manager/Resource: Cath Martel
Contact Person: Cath Martel
Project Name: Summer Concert Series
ContractorNendor Name: WideAwake
Amount: $1,000.00
Is Funding Required? Yes
X
No
Council Agenda Item Yes No
Submission to City Manager - Yes X No ri
X
Council Meeting Date:
Funding Source:
Assigned Attorney:
and bra.,
General Fund 5,04 -)(D -v^3w' f
J. Kay Gayle
(contract, agreement,amendment,change order, purchase order,etc.)
(see required signatures below before submission to the City Manager)
Agenda Wording:
® Initial Construction Contract
❑ Construction Contract Amendment
O Change Order
=Change in Quantity
=Unforeseen Circumstances
▪ Initial Professional Services Agreement
Supplemental Professional Svcs. Agr.
• Purchasing/Service Agreement
X❑ Purchase Order
Item(s) to be purchased: Performance
Amount
▪ Other (Please clearly identify action on lines below)
For Submission to City Ma er Onl
Project Mgr. Signature: ., mCu
Dept. Director Signature:
City Attorney Signature:
City Manager Signature:
Date: Wt510
Date: 7.— O4
Date: 7 -405 --OV
Date: 0
al Approval is required for all items requesting City Manager's approva .
Finance Approval Finance -Date and Signature:
Purchasing -Date and Signatures �— . ' 213-70—....7
g/administmtlon/cmgr-council action.xis 7-14-04
DATE:
SUBJECT:
ITEM:
BLUE SHEET FORMAT
July 8, 2004
Summer Concert Series
Department: PARD
Staff Person: Cath Martel
Justification: To provide a community recreation event.
Funding:
Cost: $1,000
Source of funds: General Fund
Outside Resources: N/A
Background Information: This is the third year of our Summer
Concert Series. Each summer, PARD
along with local businesses sponsors four
concerts free to the public. This is the
third concert this season.
Public Comment:
Blue Sheet Format
Updated 01/20/04
CITY OF ROUND ROCK
ARTIST'S AGREEMENT
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 Austin Music Presents Talent
Agency (hereinafter referred to as Agent), whose address is Post Office Box 2674, Austin, Texas 78701,
and Wide Awake (hereinafter referred to as Producer/Artist), whose address is P.O. Box 2674, Austin,
Texas 78701.
RECITALS:
WHEREAS, City has determined that it has a need to contract for the performance services of
Producer/Artist Wide Awake; 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
Exhibit "A" entitled "Show Details" is attached hereto and made a part hereof for all appropriate
purposes as though recited herein verbatim.
2. Compensation
A. In consideration for the services to be performed by Producer/Artist, City agrees
to pay Producer/Artist a total sum not to exceed One Thousand and No/100
Dollars ($1,000.00), in full payment for the services delineated on Exhibit "A."
B. All payments shall be made by City to Producer/Artist in U.S. funds by certified
check, cashier's check, company check, or cash as follows: One Thousand and
No/100 Dollars ($1,000.00) shall be paid to Producer/Artist, in the name of and
for the benefit of Wide Awake, immediately prior to the first performance.
C. Producer/Artist's compensation for such performance services shall not exceed,
without written consent, the amounts indicated herein. City shall pay, strictly
within the confines of the not -to -exceed sum recited herein, Producer/Artist's
fees for services performed on behalf of City.
3. Cancellation of Agreement
A. This Agreement may be cancelled, with all obligations extinguished including
the duty of City to pay compensation, as follows:
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1. By Producer/Artist 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 parties 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 parties 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 parties to fulfill contractual obligations.
4. Independent Contractor Status
Producer/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. Assignment and Delegation
No party may assign any rights or delegate any duties under this Agreement without the
other parties' express prior written approval.
6. Payment of Taxes
A. Should any taxes, fees or levies be rightfully charged relating to this engagement,
City shall be responsible for same.
B. Producer/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 Producer/Artist's payment or make payments on its
behalf;
2. Make state and/or federal unemployment compensation contributions on
Producer/Artist's behalf; or
3. Withhold state or federal income tax from Producer/Artist's payment.
C. If requested, City shall provide Producer/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.
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7. 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:
James Nuse, City Manager
City of Round Rock
221 East Main Street
Round Rock, TX 78664
AND TO
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Notice to Agent:
Brian Stovall
Austin Music Presents Talent Agency
Post Office Box 2674
Austin, TX 78701
Notice to Producer/Artist
Wide Awake
c/o
B. Nothing contained in this section shall be construed to restrict the transmission of
routine communications between representatives of City and Producer/Artist.
8. Applicable Law
The laws of the State of Texas shall govern this Agreement. Venue shall lie exclusively in
Williamson County, Texas.
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9. Exclusive Agreement
The terms and conditions of this Agreement, including all exhibits, constitute the entire
agreement between 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 any of the parties unless acknowledged in writing by the duly
authorized governing body or representative for each party.
10. 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 the prior written consent of Producer/Artist, with the specific
exception being that City shall have the right to tape the performance for promotional purposes
only.
11. Right to Sell Merchandise Items
A. Producer/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.
12. Jurisdiction and Venue
This Agreement shall be governed by the laws of the State of Texas, and exclusive 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.
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 is such specific liability is imposed
upon City by a finding of negligence in the appropriate court of law.
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 of this Agreement.
15. Disclaimer as Agent
The parties expressly agree that Austin Music Presents Talent Agency acts herein only as agent
for Producer/Artist and is not responsible for any act of commission or omission on the part of
either Producer/Artist or City. In furtherance thereof and for the benefit of Austin Music Presents
4
Talent Agency, it is agreed that neither Producer/Artist nor City will name or join Austin Music
Presents Talent Agency as a party in any civil action or suit arising out of, in connection with, or
related to any acts of commission or omission of Producer/Artist or City.
16. Force Majeure
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 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 Producer/Artist's reasonable control, which could not be avoided
by the exercise of due care.
17. 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.
TNESS WHEREOF, t parties have executed this Agreement in duplicate originals on
this the ay of the month of "fr• 2004.
CIT OF ROUND ROCK
WIDE AWAKE, Producer/
By: By:
J Nuse, City Manager Printeflame:
AUSTIN MUSIC PI
5 TALENT AGENCY, Agent
By:
Printed Name: i< t
r
APPR I VED AS TO FO ' :
By:
Steph
. Sheets, City Attorney
5
EXHIBIT "A"
SHOW DETAILS
Place of Engagement: Central Green at La Frontera/Comer of FM1325 and IH35/Round Rock, Texas
Artist Contact: Jimmy Burk / 512-632-2576
Purchaser Comp Tickets: 0
Date of Engagement: July 18, 2004
Load -In: 4:30 p.m.
Time of Show(s): 7:30 p.m. - 9:30 p.m.
Show Length: 120 minutes
Compensation: $1,000.00 as evidenced in attached Agreement
Support: N/A
Advance Ticket Price: N/A
Door Ticket Price: $0.00
Admission Age: All ages
Capacity: 1,500
Gross Price: $0.00
Tax: N/A
Net Price: $0.00
Sound and Light Company: Purchaser to provide sound and lights
Artist Contact: Jimmy Burk / 512-632-2576
Accommodations and Travel: Marriott has made complimentary room available for hospitality and dressing
Merchandising: 100% artist sells
Billing: 100% headliner
Purchaser: City of Round Rock, Texas
Purchaser Contact: City of Round Rock Parks and Recreation Department representative
Producer/Artist: Wide Awake