CM-07-06-156CITY OF ROUND ROCK, TEXAS
AGREEMENT FOR EVENT PERFORMANCE WITH
SKYDIVE TEMPLE
This Agreement is by and between the City of Round Rock, Texas (hereinafter referred
to as "City"), whose address is 221 East Main Street, Round Rock, Texas 78664, and Skydive
Temple (hereinafter referred to as "Skydive Temple"), whose address is 15771 South IH 35,
Salado, Texas 76571.
RECITALS:
WHEREAS, City has determined that it has a need to contract for the performance
services of Skydive Temple as follows: one performance parachute jump of from two to five
parachutists into City's July 4th event at Old Settlers Park; 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. Skydiving 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 Skydive Temple, City
agrees to pay Skydive Temple a total sum not to exceed Two Thousand
and No/100 Dollars ($2,000.00), in full payment for the services
delineated on Exhibit "A."
B. All payments shall be made by City to Skydive Temple in U.S. funds by
City of Round Rock check as follows: One Thousand and No/100 Dollars
($1,000.00) shall be paid to Skydive Temple in the form of a non-
refundable deposit not less than fourteen (14) days prior to City's July 4th
event, and the remaining balance of One Thousand and No/100
($1,000.00) shall be paid to Skydive Temple only upon completion of its
contracted services of one performance parachute jump into City's July
4th event.
CO-01-C(1-14ts
C. Skydive Temple'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,
Skydive Temple's fees for services performed.
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. Skydive Temple 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 City not less than
fourteen (14) days prior to the performance date of the
engagement.
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 Skydive Temple not less than
fourteen (14) days prior to the performance date of the
engagement.
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 Skydive Temple to fulfill contractual obligations.
4. Independent Contractor Status
Skydive Temple is an independent business and is not connected in any way with
City. Skydive Temple 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 Skydive Temple shall never 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. Skydive Temple shall pay all income taxes, and FICA (Social Security
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and Medicare taxes) incurred while performing services under this
Agreement. City will not:
1. Withhold FICA from Skydive Temple's payment or make
payments on its behalf;
2. Make state and/or federal unemployment compensation
contributions on Skydive Temple's behalf; or
3. Withhold state or federal income tax from Skydive Temple's
payment.
B. If requested, City shall provide Skydive Temple 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
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Notice to Skydive Temple
Mr. Mark Pollack
Skydive Temple
15771 South IH 35
Salado, Texas 76571
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AND TO:
B. Nothing contained in this section shall be construed to restrict the
transmission of routine communications between representatives of City
and Skydive Temple.
8. 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.
9. Audio or Visual Reproduction
No part, portion, or segment of Skydive Temple's performance shall be reproduced by
City using either audio or visual means without the prior written consent of Skydive
Temple, with the specific exception being that City shall have the right to tape the
performance for promotional purposes only.
10. Right to Sell Merchandise Items
A. Skydive Temple 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.
11. Jurisdiction and Venue
This Agreement shall be govemed 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.
12. Liability and Indemnification
City assumes no responsibility or liability for any loss, damage, claim, cost, expense,
charge, liability or assertion of liability whatsoever that Skydive Temple or anyone acting
through them or any third parties may have or claim, or which in any manner may arise
or be alleged to have arisen or resulted or alleged to have resulted from the presence,
activities, events and omissions of any nature whatsoever of Skydive Temple, invited
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parties, agents, servants, employees, and their respective guests and invitees, and any
other attendees of the event, whether invited or uninvited, including without limitation
any claim or claims for bodily injury or death of any persons and for any loss or damage,
for any loss of the means of support and for any loss or damage to property.
Skydive Temple shall indemnify, defend and hold free and harmless City from and
against any loss, damage, claim, cost, expense, charge, liability or assertion of liability
whatsoever.
13. Insurance
Skydive Temple warrants that it has complete and adequate insurance relative to potential
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 Skydive Temple, its agents, employees, volunteers, members
of the performing group, or anyone similarly situated, and that City will not provide
insurance coverage for any equipment or vehicles.
14. 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 Skydive Temple's reasonable control, which could not be avoided
by the exercise of due care.
IN WITNESS REOF, the parties ave executed this Agreement in duplicate
originals on this the ay of the month of 2007.
CITY OF ROUND ROCK
By.
Nuse, City Manager
FOR CITY, ATTESTATION:
By:
Christine R. Martinez, City Secretary
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SKYDIVE TEMPLE
B
FOR CITY APPROVED AS TO FORM:
By:
Step L.
Sheets, City Attorney
Place of Engagement:
Party Contracted With:
Contact Person:
Date of Engagement:
Time of Performance:
Show Length:
Compensation:
Accommodations/Travel:
Merchandising:
Party Contracting:
Contact Person:
EXHIBIT "A"
SKYDIVING DETAILS
Festival Area in Old Settlers Park, Round Rock, Texas, or as
otherwise designated
Skydive Temple
Randy Gordon / Office 512-341-3340, Cell 801-4529
July 4, 2007
Approximately 7:30 pm - 9:30 pm
Until jumps) completed
$1,000 non-refundable deposit, then $1,000 upon completion
under guidelines delineated in attached Agreement
None
None
City of Round Rock, Texas
Round Rock Parks & Recreation Department representative
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DATE: June 22, 2007
SUBJECT: City Manager Approval- June 29, 2007
ITEM: Authorization for the City Manager to sign agreement for July 4th
skydivers.
Department:
Staff Person:
Justification:
Funding
Cost:
Parks and Recreation Department
Rick Atkins
For many years, the city has had skydivers as part of the
July 4th entertainment and festivities.
$3,000
Source of funds: General Fund- 5424-100-23003
Outside Resources:
Background Information:
Public Comment: