CM-10-06-124CITY OF ROUND ROCK, TEXAS
AGREEMENT FOR EVENT PERFORMANCE WITH
AUSTIN SKYDIVERS aka CARL HATLELI
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 aka Carl Hatleli (hereinafter referred to as "Carl Hatleli"), 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 Carl Hatleli 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 Carl Hatleli, City
agrees to pay Carl Hatleli a total sum 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 Carl Hatleli 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.
6-1C, CAD 112_1-
C. Carl Hatleli 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,
Carl Hatleli 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. Carl Hatleli 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 Carl Hatleli 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 Carl Hatleli to fulfill contractual obligations.
4. Independent Contractor Status
Carl Hatleli and Austin Skydivers is an independent business and are not
connected in any way with City. Carl Hatleli is not a City 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 Carl Hatleli 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. Carl Hatleli shall pay all income taxes, and FICA (Social Security and
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Medicare taxes) incurred while performing services under this
Agreement. City will not:
1. Withhold FICA from Carl Hatleli's payment or make
payments on its behalf;
2. Make state and/or federal unemployment compensation
contributions on Carl Hatleli's behalf; or
3. Withhold state or federal income tax from Carl Hatleli's
payment.
B. If requested, City shall provide Carl Hatleli 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 Carl Hatleli
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 Carl Hatleli.
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 Carl Hatleli's performance shall be reproduced by City
using either audio or visual means without the prior written consent of Carl Hatleli, 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. Carl Hatleli 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 Carl Hatleli 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 Carl Hatleli, invited parties,
4
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.
Carl Hatleli 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
Carl Hatleli 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 Carl Hatleli, 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 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 1 l.6` day of the month of J( E , 2010.
CITY OF ROUND ROCK
By:
Ja ' e. R. Nuse, P.E., City Manager
FOR CITY, ATTESTATION:
AUSTIN SKYDIVERS aka CARL
HATLELI
i
By:
uthorized Rep sentative
FOR CITY APPROVED AS TO FORM:
By: By:
Sara L. White, City Secretary
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Stephan L. Sheets, City Attorney
EXHIBIT "A"
SKYDIVING DETAILS
Place of Engagement: Festival Area in Old Settlers Park, Round Rock, Texas, or as
otherwise designated
Party Contracted With: Austin Skydivers aka Carl Hatleli
Contact Person: Randy Gordon / Office 512-341-3340, Cell 801-4529
Date of Engagement: July 4, 2010
Time of Performance: Approximately 8:00 pm
Show Length: Until jump(s) completed
Compensation: $1,500 non-refundable deposit, then $1,500.00 upon completion
under guidelines delineated in attached Agreement
Accommodations/Travel: None
Merchandising: None
Party Contracting: City of Round Rock, Texas
Contact Person: Round Rock Parks & Recreation Department representative
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ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
City Manager Approval Summary Sheet
Consider executing Agreement for Skydiving Event Performance with Austin Skydivers aka
Item Caption: Carl Hatleli.
Approval Date: June 11, 2010
Department: PARD
Project Manager: Randy Gordon
Item Summary:
The City is sponsoring the July 4th Fireworks Celebration at Old Settlers Park at Palm Valley on Sunday July 4, 2010.
As part of the celebration, Austin Skydivers aka Carl Hatleli will perform a skydiving demonstration during the event.
Strategic Plan Relevance: Places and Spaces
Cost: $3,000
Source of Funds: 5424-100-23000
REV. 3/8/10
10.19 09
Request for City Council/City Manager Action
EEO City Council Intl City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: PARD
Contact Person: Mary Fusilier / Tracy Tackett
Project Mgr/Resource: Randy Gordon, Parks Manager
Project Coordinator: Randy Gordon, Parks Manager
Assigned Attorney: J. Kay Gayle
City Council or City Manager Approval Date:
Agenda Wording
FoRt rn ti rlial ot. a ONLY
Received: JUN 0 9�2t)10 f�
Tag #: CM_ 10 rCM'
Original Documents Received:
Project Name: Artist Agreement for Skydiving Event Performance
ContractorNendor: Austin Skydivers aka Carl Hatleli
Funding Source: General Fund
Additional funding Source:
Amount: $
11 -Jun -10
3,000.00
Account Number: 5424-100-23000
Consider executing Agreement for Skydiving Event Performance with Austin Skydivers aka Carl Hatleli.
Finance Information
Is Funding Required?
Initial Construction Contract
Construction Contract Amendment
Change Order
EChange in Quantity
Initial Professional Services Agreement
Supplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
Yes
No
EUnforeseen Circumstances
Other (Please clearly identify action below)
Amount
$ 3,000.00
Reauired for Submission of ALL City Council and ity Manager Items
Project Mgr. Signature:
Dept. Director Signature:
'City Attorney Signature:
City Manager Signature:
Date:
Date:
Date:
6--(1-10
17L-ii-iO
'City Attomey signature is required for all items.
REVISED 6/9/2010