CM-04-08-019chl-tv-aog
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:
Contact Person:
Project Name:
PARD
Cath Martel
Summer Concert Series
ContractorNendor Name: $800.00
Project Manager/Resource: Cath Martel
Council Meeting Date:
Funding Source:
Assigned Attorney:
ko 1W-1
U�.
General Fund 5424-100-23004
J. Kay Gayle
Amount: (contract, agreement,amendment,change order, purchase order,etc.)
Is Funding Required? Yes
Council Agenda Item Yes
Submission to City Manager - Yes
X
X
No
No
No
X
(see required signatures below before submission to the City Manager)
Agenda Wording:
❑ Initial Construction Contract
❑ Construction Contract Amendment
❑ Change Order
ILTIChange in Quantity
0 Unforeseen Circumstances
❑ Initial Professional Services Agreement
0
Supplemental Professional Svcs. Agr. #
❑ Purchasing/Service Agreement
❑ X Purchase Order
Item(s) to be purchased:
Amount
800.00
❑ Other (Please clearly identify action on lines below)
For Submission to Cit Ma er On
Project Mgr. Signature:
Dept. Director Signature:
City Attorney Signature:
City Manager Signature:
Finance Approval
Date: s /t l0 cf
Date: 1 g
Date: pi gy
Date:
I Approval is required for all items requesting City Manager's approval.
Finance -Date and Signature:
EsPurchasing -Date and Signature:
g/administrationicmgr-council action.xls 7-14-04
DATE:
SUBJECT:
ITEM:
Department:
Staff Person:
Justification:
Funding:
Cost:
Source of funds:
Outside Resources:
Background Information:
Public Comment:
Blue Sheet Format
Updated 01/20/04
BLUE SHEET FORMAT
G 10 2004
August 9, 2004
Summer Concert Series
PARD
Cath Martel
To provide a community recreation event.
$800.00
General Fund
N/A
Each summer, PARD along with local
businesses, sponsors four concerts free to
the public. This is the last of our concerts
for this summer.
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 Jon Barry Project (hereinafter
referred to as Producer/Artist), whose address is 2402 Stirrup Drive, Round Rock, Williamson County,
Texas, 78681.
RECITALS:
WHEREAS, City has determined that it has a need to contract for the performance services of
Producer/Artist Jon Barry Project; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective
rights, duties and obligations hereunder;
NOW, THEREFORE, W]TNESSETH:
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:
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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 Eight Hundred and No/100
Dollars ($800.00), 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 City of
Round Rock check as follows: Eight Hundred and No/100 Dollars ($800.00)
shall be paid to Producer/Artist, in the name of and for the benefit of Jon Barry
Project, immediately prior to the fust 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 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
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 party's express prior written approval.
6. Payment of Taxes
A. 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.
B. 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 Producer/Artist
Jon Barry Project
c/o J. B. Slimp
2402 Stirrup Drive
Round Rock, TX 78681
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.
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.
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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 if and when such specific liability is
imposed upon City by a fmding 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.
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 Producer/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. 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
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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.
16. Inclement Weather
Notwithstanding anything contained herein to the contrary, inclement weather shall not be
deemed to be a force maj cure occurrence. City shall determine in good faith whether any such
inclement weather conditions shall render the performance impossible, hazardous or unsafe.
IN SS WHEREOF, tl�e parties have executed this Agreement in duplicate originals on
this the y of the month of ate, . , 2004.
Ofe 34.1'
CITY OF ROUND ROCK
JON BARRY PROJECT, Producer/Artist
By: y �/ L By:
Printed Name: .j \ ' t r��
Nuse, City Manager
APPRO 1 AS TO FO
fin.
BY: 11101.4 /II/
Steph. ! L. Sheets, City Attorney
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EXHIBIT "A"
SHOW DETAILS
Place of Engagement: Central Green at La Frontera/Comer of FM1325 and 1H35/Round Rock, Texas
Artist Contact: Jimmy Burk / 512-632-2576
Purchaser Comp Tickets: 0
Date of Engagement: August 15, 2004
Load -In: 4:30 p.m.
Time of Show(s): 7:30 p.m. - 9:30 p.m.
Show Length: 120 minutes
Compensation: $800.00 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
Bffiing: 100% headliner
Purchaser: City of Round Rock, Texas
Purchaser Contact: City of Round Rock Parks and Recreation Department representative
Producer/Artist: Jon Batty Project