Loading...
CM-07-04-068CITY 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 Zach Walthers and the Cronkites (hereinafter referred to as Producer/Artist), whose address is 410 Oakwood Boulevard, New Braunfels, Texas 78130. RECITALS: WHEREAS, City has determined that it has a need to contract for the performance services of Producer/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 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 ($800.00) shall be paid to Producer/Artist, in the name of and for the benefit of Zach Walthers, immediately prior to the first performance on July 12, 2007. C. Producer/Artist's compensation for such performance services shall not exceed, without written consent, the amounts indicated herein. City shall pay, strictly within the confines of the not -to -exceed sum recited herein, Producer/Artist's fees for services performed on behalf of City. 00112837/jkg 0114-c4 Dit-&o$ 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 Producer/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 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 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. 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 Zach Walthers 410 Oakwood Boulevard New Braunfels, TX 78130 B. Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of City and Producer/Artist. 3 8. Applicable Law The laws of the State of Texas shall govern this Agreement. 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, 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. 10. Audio or Visual Reproduction No part 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. 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 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. 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 4 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 that materially impairs business operations; a prolonged and unforeseen strike, riot, or occurrence of civil disobedience that materially impairs business operations; a prolonged unforeseen shortage of fuel, labor, or material; delay related to or caused by a severe weather event, such as tornado, 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. 16. 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 WITNESS REOF, the parties have executed this Agreement in duplicate originals on this the day of the month of /yea, , 2007. City of Round Rock, Texas By: J A By: s use, City Manager C stine R. Martinez, City Secretary FOR CAPPRO D AS TO FORM: In Ste , L. Sheets, qty Attorney By: 5 , Zach Walthers BLUE SHEET FORMAT DATE: 4.2.06 SUBJECT: City Manager Approval ITEM: This summer, Pard along with local businesses will sponsor three concerts. All are free to the public. This is the last concert of our concerts for the summer Department: Parks and Recreation Staff Person: Nette Werling Justification: Request for city manager action, contract approval Funding: Cost: $800 Source of funds: 5424-100-23000 Outside Resources: n/a Background Information: Public Comment: Blue Sheet Format Updated 01/20/04 In 2002, the City of Round Rock partnered with La Frontera Shopping Center to provide summer concerts that are free to the public. Each concert showcases young talent who are singer songwriters.