CM-10-06-127CITY 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 David Perkoff
Music, Inc. for The Platinum Band Featuring Kai Hicks (hereinafter referred to as
Agent/Artist), whose address is 1001 Stobaugh Street, Austin, Texas 78757.
RECITALS:
WHEREAS, City has determined that it has a need to contract for the performance
services of Agent/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 Agent/Artist, City
agrees to pay David Perkoff Music, Inc. a total suns not to exceed Two
Thousand Five Hundred Dollars and No/100 ($2,500.00), in full payment
for the services delineated on Exhibit "A."
B. All payments shall be made by City to David Perkoff Music, Inc. in U.S.
funds by City of Round Rock check as follows: Two Thousand Five
Hundred and No/100 ($2,500.00) shall be paid to David Perkoff Music,
Inc., in the name of and for the benefit of performance by The Platinum
Band Featuring Kai Hicks, immediately prior to the first performance on
June 19, 2010.
C. Agent/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,
Agent/Artist's fees for services performed on behalf of City.
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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 Agent/Artist for reasons of its/his/her 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.
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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 he 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.
13. 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
Agent/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, principaUagent relationship, or any other•
relationship of similar kind, and no party shall represent itself to third parties as
having such relationship.
5. Assignment and Delegatioii
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. Agent/Artist shall pay all income taxes, and FICA (Social Security and
Medicare taxes) incurred while performing services under this
Agreement. City will not:
I. Withhold FICA from Agent/Artist's payment or make payments
on its/his/her behalf;
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2. Make state and/or federal unemployment compensation
contributions on Agent/Artist's behalf; or
3. Withhold state or federal income tax from Agent/Artist's
payment.
B. If requested, City shall provide Agent/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 T()
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, Texas 78664
Notice to Agent/Artist
The Platinrun Band Featuring Kai Hicks
c/o David Perkoff Music, Inc.
1001 Stobaugh Street
Austin, Texas 78757
13. Nothing contained in this section shall he construed to restrict the
transmission of routine communications between representatives of City
and Agent/Artist.
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8. Applicable Law
The laws of the State of Texas shall govern this A.greemcnt.
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 Artist's performance shall be reproduced by City using
either audio or visual means without prior written consent ofAgent/Artist.
11. Right to Sell Merchandise Items
A. Agent/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
Exclusive jurisdiction and venue for any matters pertaining to this Agreement 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 Agent/Artist, its/his/her agents, employees, volunteers,
members of the pertbrrning 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 hereof, "force majeure" means an act of terror committed within the United
States 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 Agent/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 the event of weather cancellation by City, such cancellation shall
not void this Agreement and payment in full remains a contractual requirement of City.
IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate
originals on this the 1st *clay of the month of VC, , 2010.
CITY OF ROUND ROCK, TEXAS AGI!;NT/ARTIST
R. Nuse, P.F.
anager
FOR CITY, ATTEST:
Sara L. White, City Secretary
FOR , Y, APPROj 1ED AS TO FORM:
efirt'•
is
cpha r L. Sheets, City Attorney
5
CC C l �2 a D\A.AL. A.
David �Peerkoff,
Legal Representative for Artist
EXHIBIT "A"
SHOW DETAILS
Place of Engagement: Round Rock Amphitheater behind Baca Center, 301 West Bagdad, Round Rock,
Texas, for Juneteenth Celebration
Artist Contact: David Perkoff Music, Inc.: Telephone: 512.458.3400 or 1.800.388.2336
City Contact: Roger Heaney: Telephone: 512.341.3361; Email: rheaneyQround-rock.tx.us
Purchaser Comp Tickets: 0
Date of Engagement: June 19, 2010
Set-up; To be complete by 6:30 p.m.
Time of Show(s): 7:00 p.m. 10:00 p.m.
Show Length: Three (3) 45 -minute sets
Compensation: $2,500.00
Support: N/A
Advance Ticket Price: N/A
Door Ticket Price: FREE OUTDOOR CONCERT
Admission Age: All ages
Capacity: N/A
Gross trice: $0.00
Tax: N/A
Net Price: $0.00
Sound and Light Company: Venue to provide professional sound and lights; venue to provide access to four
(4) electrical outlets; venue to provide bottled water available to stage; venue to
provide one (1) meal set-up for five people, including non-alcoholic beverages
Accommodations and Travel: None
Merchandising: 100% artist sells
Billing: 100%, headliner
Purchaser: City of Round Rock, Texas
Purchaser Contact: City of Round Rock Parks and Recreation Department, Roger l leaney
Agent/Artist: David Perkoff Music, Inc. for The Platinum Band Featuring Kai Hicks
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ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Item Caption:
Approval Date:
City Manager Approval Summary Sheet
Consider executing an Artist's Agreement with David Perkoff Music, Inc. for performance
by "The Platinum Band Featuring Kai Hicks" for Juneteenth Celebration.
06-11-2010
Department: Parks and Recreation
Project Manager: Roger Heaney, Marketing Specialist
Item Summary:
In place of doing the Summer Round Rock Concert series, we are providing talent for the second annual Juneteenth
Rhythm & Ribs Celebration Event at the Allen R. Baca Center.
Places & Spaces: The talent will provide a high quality music artist for all to enjoy at this
Strategic Plan Relevance: FREE event open to the public.
Cost: $2,500.00
Source of Funds: Account #5424-100-23000 Special Events
REV. 3/8/10
10.19 09
Request for City Council/City Manager Action
IID City Council Iot City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Parks and Recreation
Contact Person: Mary Fusilier / Tracy Tackett
Project Mgr/Resource: Roger Heaney, Marketing Specialist
Project Coordinator: Roger Heaney, Marketing Specialist
Assigned Attorney: J. Kay Gayle
City Council or City Manager Approval Date:
Agenda Wording
For litcfniet# atltleDONLY
Received:�n� JUN 00y9� � �a
Tag#: GYl-it-c0'1 7
Original Documents Received:
Project Name: Artist Agreement for luneteenth Celebration
ContractorNendor: David Perkoff Music, Inc.
Funding Source: General Fund
Additional funding Source:
Amount: 52,500
Account Number: 5424-100-23000 Special Events
11 -Jun -10
Consider executing an Artist's Agreement with David Perkoff Music, Inc. for performance by "The Platinum Band Featuring Kai Hicks" for Juneteenth Celebration.
Finance Information
Is Funding Required?
Initial Construction Contract
Construction Contract Amendment
Change Order
Change in Quantity
Initial Professional Services Agreement
Supplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
Yes 0 No 0
=Unforeseen Circumstances
Other (Please clearly identify action below)
Amount
$2,500.00
R
Project Mgr. Signature:
Dept. Director Signature:
*City Attorney Signature:
City Manager Signature:
Date:
'City Attorney signature is required for all items.
REVISED 6/9/2010