CM-12-07-127ROUND ROCK, TEXAS
PURPOSE PASSION PROSPERITY
Item Caption:
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RECEIVED
JUL 03EC
City Manager Approval Form
Consider executing an Outdoor Cinema Agreement with Blue Moon Cinemas.
Approval Date: July 6, 2012
Department Name: Parks and Recreation Department
Project Manager: Roger Heaney, Marketing Specialist
Assigned Attorney: EE (Ric) Bowden
Item Summary:
Additional family activities for the July 4th Frontier Days Celebration.
No. of Originals Submitted: 2
Project Name: Outdoor Cinema Agreement
Cost: 53,221.00
Source of Funds: General Fund
Source of Funds (if applicable): General Fund
Account Number: Special Events 5424-100-2300
Finance Director Approval: Cheryl Delaney
Date: 7/3/12
Department Director Approval: Date: 7-3-/Z
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP I I I I Budget
N/A OK
III El
N/A OK
Purchasing
o
N/A OK
Accounting
o
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 date/dates: Wednesday, July 4, 2012
Location: Old Settlers Park Lakeview Pavilion. 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. 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 harge per occurrence, as well as compensation for any damaged equipment.
Please Initial
4. Electrical Power -hree dedicated 20 -amp (110 -volt) electrical circuits (within 100' of screen location and
proiector/audio stand)
5. Adequate security for the safety of the equipment and attendees of the event.
6. Identifying and marking water/power lines for the purpose of anchoring stakes into the ground
7. BMC must receive all promotional materials to be shown during the event, one week prior to show date.
Film Licensing
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.
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
One event $3,221.00
BMC will require a 50% Deposit plus License Fee to hold the following date: Wednesday, July 4, 2012
Total price breakdown:
One 58' AIRSCREEN (40' x 20' viewable surface – Package I to include generator) $2,800.00
License Fee (Captain America) $421.00
Deposit required to hold date $1,821.00
Remaining balance due week of event, via mail to below address $1,400.00
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 Blue Moon Cinemas Representative
512Ve IV�YwoaCi
Please Print Name
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( bmcinemas.com
Date: June 13, 2012
Please sign and retum with deposit. (Contract can be faxed or emailed for your convenience)