CM-08-04-100DATE: April 11, 2008
SUBJECT: City Manager Meeting - April 18, 2008
ITEM: Round Rock Summer Concert Series
This summer, PARD will sponsor five concerts. All are free to the
public. This is the fourth of our concerts for the summer
Department: Parks and Recreation Department
Staff Person:
Rick Atkins
Nette Werling
Justification: Request for City Manager action, contract approval for
Liver Dog.
Funding:
Cost: $300.00
Source of funds: 5424-100-23000
Background Information: 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. Concerts now take place in
the Round Rock Amphitheater.
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 Arnold Wells/dba
Liver Dog (hereinafter referred to as Producer/Artist), whose address is 1404 Gatlinburg Drive,
Pflugerville, Texas 78660.
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 Three Hundred
Dollars and No/100 ($300.00), 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: Three Hundred and No/100
($300.00) shall be paid to Producer/Artist, in the name of and for the
benefit of Arnold Wells/dba Liver Dog, immediately prior to the first
performance on August 10, 2008.
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.
135933.m1
0123.0804
CSM- VO -CIA - Ito
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
Arnold Wells/dba Liver Dog
1404 Gatlinburg Drive
Pflugerville, Texas 78660
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 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.
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 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 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 hereof.
4
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 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 WHEREOF, the parties haze executed this Agreement in duplicate
originals on this the tt.,?) day of the month of ')ck 1 , 2008.
CITY OF ROUND ROCK, TEXAS PRODUCER/ARTIST
By:
ATTEST:
By:
. Nuse P.E.
anager
Sara L. White, City Secretary
FOR C T APPROVED AS TO FORM:
By:
Stepha
N
L. Sheets, City Attorney
5
By:
Arnold Wells/dba Liver Dog
Producer/Artist
Place of Engagement:
Artist Contact:
Purchaser Comp Tickets:
Date of Engagement:
Load -In:
Time of Show(s):
Show Length:
Compensation:
Support:
Advance Ticket Price:
Door Ticket Price:
Admission Age:
Capacity:
Gross Price:
Tax:
Net Price:
Sound and Light Company:
Artist Contact:
Accommodations and Travel:
Merchandising:
Billing:
Purchaser:
Purchaser Contact:
Producer/Artist:
0136147/ml
0123.0804
EXHIBIT "A"
SHOW DETAILS
Round Rock Amphitheater behind 301 W. Bagdad, Round Rock, Texas
Nette Werling / 512.341.3343 or 512.801.3566
0
August 10, 2008
4:30 p.m.
7:30 a.m. — 9:30 p.m.
90 minutes or two 45 minute sets
$300.00
N/A
N/A
FREE OUTDOOR CONCERT
All ages
3,500
$0.00
N/A
$0.00
Venue to provide sound and lights
Nette Werling / 512.341.3343 or 512.801.3566
None
100% artist sells
100% headliner
City of Round Rock, Texas
City of Round Rock Parks and Recreation Department representative
Arnold Wells/dba Liver Dog