CM-12-05-087ROUND ROCK, TEXAS
PURPOSE PASSION. PROSPERITY.
RECEIVED
MAY 4 91012
City Manager Approval Form
Item Caption: Consider executing an Outdoor Cinema Agreement with Blue Moon Cinemas.
Approval Date: 5/11/2012
Department Name: Parks and Recreation Department
Project Manager: Roger Heaney, Marketing Specialist
Assigned Attorney: Ric Bowden
Item Summary:
Consider executing an Outdoor Cinema Agreement with Blue Moon Cinemas for PARD's Movies in the Park program.
This agreement is for three "Movies in the Park" events:
Friday, May 25 "Real Steel"
Friday, June 1 "Puss in Boots"
Friday, August 10 "Dolphin Tale"
No. of Originals Submitted: 1
Project Name: Outdoor Cinema Agreement
Cost: $5,600.00
Source of Funds: General Fund
Source of Funds (if applicable): General Fund
Account Number: 5424-100-23000
Finance Director Approval: S. Carter for Cheryl Delaney
Department Director Approval: A'
Date: 05/09/2012
Date:
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP I I I I Budget
N/A OK
Ell
N/A OK
Purchasing
El El
N/A OK
Accounting
El El
N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
OUTDOOR CINEMA AGREEMENT
This will serve as an event agreement between Round Rock Parks and Recreation - 301 W. Bagdad St. - Suite 250
Round Rock, TX 78664 (Client) and Blue Moon Cinemas - 603 Errol Drive - Spicewood, Texas 78669 (BMC)
Terms of the Agreement
BMC will provide an Outdoor Cinema Program (The Event) for the following dates: Friday's, June 1 and August 10,
2012. Location: Old Settlers Park Lakeview Pavilion 3300 E. Palm Valley Blvd - Round Rock, TX 78664. The show
time can be scheduled no earlier than twilight (Approx 9:OOPM)
We guarantee the following to ensure the event will be fulfilled in a professional manner.
1 58' AIRSCREEN (40' x 20' viewable surface) Video Screen
2. 6,000 watt stereo PA, Video projector, and all necessary audio/video components
3. Technician on site
4. Generator
5. Set-up and tear down of BMC's equipment
6. Event liability insurance
7. Weather Guarantee (see details below)
For their part, the Client is responsible for:
1. Providing location (The Site) to hold the event
2. Access to the site between 3PM and 12AM for set-up, test, the show and strike.
3. Identifying and marking water/power lines for the purpose of anchoring stakes into the ground. BMC will not be
held liable for any damage resulting from improper identification of such lines.
4. Adequate security for the safety of the equipment and attendees of the event.
5. Sprinkler systems need to be scheduled "off" the day before event to let ground dry out. Can be turned
back on day after event. This ensures the equipment does not get wet and/or damaged. Please note, it
takes at least an hour to strike after movie ends. Failure to comply with this important detail will result in
an additional $500 s ' charge per occurrence, as well as compensation for any damaged equipment.
Please Initial i.
6. BMC must receive all promotional materials to be shown during the event, one week prior to show date.
Film Licensing (Round Rock to Acquire Puss in Boots and Dolphin Tale Respectively)
Once you have selected your movie, we will help you, at your expense; acquire the movie and the legal rights to screen it.
The selected film must be available on DVD. Some filmmakers, such as Disney, have restricted the use of their films
in outdoor settings. Disney outdoor viewing window for 2012 is May 30 - June 21 and July 20 - August 14. No
Disney or Disney affiliated films can be presented by BMC outside these dates. Please plan accordingly. If you
intend to charge admission at your event, certain restrictions may apply, which vary according to your film choice and its
distributor.
Outdoor theater DVD film licensing, through our distributors, will not allow traditional (print, radio & tv) advertising of the
"film." Advertising your "event" is perfectly acceptable and advertising your "film" is acceptable in the following forms:
Internal publications, email lists, websites, press releases, editorial movie listings and posters around town. Please
contact us if you have specific questions and we'll inform you of possible restrictions. Outdoor theaters are still relatively
new and are yet to be afforded the same licensing rights as indoor theaters. This restriction is currently in place to protect
the longstanding relationships between the studios and the indoor theaters.
Weather Guidelines and Guarantee
Due to the nature of outdoor events, BMC retains the right to cancel the event for public and equipment safety reasons.
BMC uses the following weather guidelines in determining an event postponement: Sustained wind speeds of 15 M.P.H.,
lightning, rain and hail. Should the event be postponed, before Crew leaves BMC's Facility, due to: inclement weather,
natural disaster, national and/or regional emergency or electrical failure, BMC will reschedule the event at a mutually
agreeable date with no additional charge. Additional costs are incurred, on a per event basis, if event reschedules after
BMC Crew arrives "on site", but before set-up begins, with additional cost consideration if cancellation occurs after set-
up is complete. Costs related to BMC returning to the Client's venue for rescheduled event(s) will be charged to the Client.
If the re -scheduled date is not feasible for 2012, the Client may select a mutually agreeable date in 2013.
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Reservations
Reservations are made on a first-come, first -serve basis and are tentative until "secured" with a 50%, non-refundable
deposit. When the deposit is received, BMC's services are guaranteed at your event on that date/dates. After deposit is
received, you may change your date at no extra cost, assuming date availability.
Tentative Reservations
You may tentatively reserve your dates without the deposit payment—but it is subject to cancellation if another client
chooses that date and pays the deposit payment.
Event Liability Insurance
In the event of an accident involving BMC's equipment or employees to any outside participant(s), BMC carries a
$1,000,000 event liability insurance policy. You may request to be listed as additionally insured. (You assume the charge
of $105.00, per entity covered, for this request)
Compensation
Two events $5,600.00
BMC will require a 50% Deposit to hold the following dates: Friday's, June 1 and August 10, 2012
Total price breakdown:
One 58' AIRSCREEN (40' x 20' viewable surface - Package I) $2,800.00 each night
Deposit required to hold date $2,800.00
Remaining balance due week of August 10`h event, via mail, to below address $2,800.00
Please make all checks payable to our parent company, Waddell -Williams Enterprises, Inc.
Thank you for this opportunity and we look forward to exciting events to come! This agreement constitutes the entire
understanding between (Client) and (BMC).
Signature of Responsible Party
s-Qa/Q, IyafHlOod
Please Print Name
MOthreus. W. Wu. s
Blue Moon Cinemas Representative
Blue Moon Cinemas
c/o Waddell -Williams Enterprises
603 Errol Drive
Spicewood, TX 78669-2037
(512) 215-4005 office
(512) 215-4988 fax
www.bmcinemas.com
b[a)bmcinemas.com
Date: April 27, 2012
Please sign and return with deposit. (Contract can be faxed or emailed for your convenience)