CM-09-05-078CITY 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 Marshall Ford
Swing Band (hereinafter referred to as Producer/Artist), whose address is P.O. Box 90306,
Austin, Texas 78709.
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 One Thousand
Dollars and No/100 ($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
City of Round Rock check as follows: One Thousand and No/100
($1,000.00) shall be paid to Producer/Artist, in the name of and for the
benefit of Marshall Ford Swing Band, immediately prior to the first
performance on July 19, 2009.
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.
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0130.0900
C tsk o -os-O'Ifs
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;
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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, Texas 78664
Notice to Producer/Artist
Marshall Ford Swing Band
P.O. Box 90306
Austin, Texas 78709
B. Nothing contained in this section shall be construed to restrict the
transmission of routine communications between representatives of City
and Producer/Artist.
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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.
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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 tenor 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 have executed this Agreement in duplicate
originals on this the (0-6 day of the month of Vat„� , 2009.
CITY OF ROUND ROCK, TEXAS 4
PRODUCER/ARTIST
Y: ' , '*4
By: B /l, �� 4 �11 ..
J es R. Nuse, P.E. /Marshall Fotd S n�Band /
C ager Producer/Artist vts Y^ w
ATTEST:
By:
dute
Sara L. White, City Secretary
FOR CIT
By:
Stephan
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EXHIBIT "A"
SHOW DETAILS
Place of Engagement: Round Rock Amphitheater behind 301W. Bagdad/Round Rock, Texas
Artist Contact: Nette Werling/341-3343
Purchaser Comp Tickets: 0
Date of Engagement: July 19, 2009
Load -In: 4:30 p.m.
Time of Show(s): 7:00 p.m. - 9:00 p.m.
Show Length: 2 hours
Compensation: $1000.00 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: City to provide sound and lights
Artist Contact: Nette Werling/341-3343
Accommodations and Travel: n/a
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: Marshall Ford Swing Band
00101757/jkg
DATE: 5/4/09
SUBJECT: City Manager Approval — May 8, 2009
ITEM: Consider executing Artist's Agreement with Marshall Ford Swing Band for the
2009 Summer Concert Series.
Department: Parks and Recreation
Staff Person: Nette Werling
Justification: Request for City Manager action, contract approval.
Funding: General Fund
Cost: $1000
Source of funds: 5424-100-23000
Outside Resources: n/a
Background Information: Summer concerts take place in the Round Rock Amphitheater and
are free to the public. Each concert showcases young talent who are singer songwriters.
Public Comment: n/a
UPDATED APRIL 2008