CM-09-06-122CITY OF ROUND ROCK, TEXAS
AGREEMENT FOR EVENT PERFORMANCE WITH
AUSTIN SKYDIVERS
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 Austin
Skydivers (hereinafter referred to as "Austin Skydivers"), whose address is 14005 Lazy Ridge
Drive, Pflugerville, Texas 78660.
RECITALS:
WHEREAS, City has determined that it has a need to contract for the
performance services of Austin Skydivers as follows: one performance parachute jump of at
least three 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 Austin Skydivers,
City agrees to pay Austin Skydivers a total sure not to exceed Three
Thousand and No/100 Dollars ($3,000.00), in full payment for the services
delineated on Exhibit "A."
B. All payments shall be made by City to Austin Skydivers in U.S. funds by
City of Round Rock check as follows: One Thousand Five Hundred and
No/100 Dollars ($1,500.00) shall be paid to Carl Hatleli on behalf of
Austin Skydivers 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 Five Hundred and No/100 Dollars ($1,500.00)
shall be paid to Carl Hatleli on behalf of Austin Skydivers only upon
completion of its contracted services of one performance parachute jump
into City's July 4th event.
00161055/m1
C. Austin Skydivers' 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,
Austin Skydivers' 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. Austin Skydivers 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 Austin Skydivers 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 Austin Skydivers to fulfill contractual obligations.
4. Independent Contractor Status
Austin Skydivers is an independent business and is not connected in any way with
City. Austin Skydivers 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 Austin Skydivers 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.
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6. Payment of Taxes
A. Austin Skydivers 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 Austin Skydivers' payment or make
payments on its behalf;
2. Make state and/or federal unemployment compensation
contributions on Austin Skydivers' behalf; or
3. Withhold state or federal income tax from Austin Skydivers'
payment.
B. If requested, City shall provide Austin Skydivers 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
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Notice to Austin Skydivers
Mr. Carl Hatleli
Austin Skydivers
14005 Lazy Ridge 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 Austin Skydivers.
8. Exclusive Agreement
The terms and conditions hereof, including all exhibits, constitute the entire agreement
between the parties and supersede all previous communications, representations and
agreements, either written or oral, regarding 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.
9. Audio or Visual Reproduction
No part, portion, or segment of Austin Skydivers' performance shall be reproduced by
City using either audio or visual means without the prior written consent of Austin
Skydivers, 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. Austin Skydivers 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 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.
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 Austin Skydivers 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 Austin Skydivers,
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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.
Austin Skydivers 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
Austin Skydivers 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 Austin Skydivers, 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 ?najeure" 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 Austin Skydivers's reasonable control, which could not be avoided by the
exercise of due care.
IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate
originals on this the O day of the month of m- 2009.
CITY OF ROUND ROCK
By:
Ja-R. Nuse, P.E., City Manager
FOR Y, ATTESTATION:
By:
ukZutt
Sara L. White, City Secretary
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AUSTIN SKYDIVERS
By:
Authorized Representative
FOR CITY, ' PROVED AS TO FORM:
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By: 10.1 .1 r. -
Steph.1 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:
SKYDIVING DETAILS
Festival Area in Old Settlers Park, Round Rock, Texas, or as
otherwise designated
Austin Skydivers
Randy Gordon / Office 512-341-3340, Cell 801-4529
July 4, 2009
Approximately 8:00 pm
Until jump(s) completed
$1,500 non-refundable deposit, then $3,000 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: 6/22/2009
SUBJECT: City Manager Approval —June 26, 2009
ITEM: Consider executing Agreement for Event Performance with Austin Skydivers.
Department: Parks and Recreation Department
Staff Person: Randy Gordon, Parks Manager
Justification:
The City is sponsoring the July 4th Fireworks Celebration at OId Settler's Park at Palm Valley on
Saturday July 4th, 2009. As part of the celebration, a skydiving demonstration is planned to
occur prior to the fireworks display. The services shall be provided by Austin Skydivers.
Funding:
Cost: $1,500 Deposit for materials & insurance
$1,500 for completion of the show at the time of the jumps.
Total $3,000
Source of funds: General Fund Special Event line item. 5424-100-23003
Outside Resources: None
Background Information:
This is the 16th Annual July 4th Celebration that has drawn thousands of Round Rock citizens as
well as other visitors to our area. OId Settlers Park at Palm Valley has provided an excellent
location to host the Frontier Days activities as well as fireworks, watermelon, and vendors. This
has contributed to making a memorable experience for citizens and visitors of Round Rock.
Public Comment:
UPDATED APRIL 2008