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CM-13-06-092ROUND ROCK, TEXAS jtPOS . rwsuon rmrtrmm City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing two Outdoor Cinema Agreements with Blue Moon Cinemas c/o Waddell -Williams Enterprises for PARD's Movies in the Park Program. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 6/21/2013 Dept Director: Rick Atkins Cost: $9,050.00 Indexes: General Fund Attachments: 06_21_13 _Mary_PARD_SS_Outdoor Cinema Agreement Text of Legislative File CM -13-06-092 Consider executing an Outdoor Cinema Agreement with Blue Moon Cinemas for PARD's Movies in the Park Program. Movie dates include June 14, July 4th and August 2, 2013. Replace with Recommended Action (the ..Recommended Action above must not be removed) City of Round Rock Page 1 Printed on 6/20/2013 CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION Required for Submission of Specific City Manager Items Department Name: PARD Project Mgr/Resource: David Buzzell nCity Manager Approval CMA Wording Project Name: Outdoor Cinema Agreement Blue Moon Cinemas c/o Waddell -Williams ContractorNendor: Enterprises Consider executing two Outdoor Cinema Agreement's with Blue Moon Cinemas c/o Waddell -Williams Enterprises for PARD's Movies in the Park program. Approval X❑ Employee EE Bowden -Date June 12, 2013 Notes/Comments 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 Agreement BMC will provide a Cinema Program (The Event) for the following date/dates: Friday's June 14 and August 2, 2013 Location: Old Settlers Park Lakeview Pavilion. The show time can be scheduled at 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 $500.00 charge per occurrence, as well as compensation for any damaged equipment. Please Initial 4. Adequate security for the safety of the equipment and attendees of the event 5. Identifying and marking Utilities (water/power lines) for the purpose of anchoring stakes into the ground 6. 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 can help you, at your expense; acquire the movie and the legal rights to screen it. The selected film must be available on DVD (Widescreen Preferred). Some filmmakers, such as Disney/Pixar, have restricted the use of their films in outdoor settings. The Disney outdoor viewing window for 2013 is broken down by month and Animated or Live Action. Please call Swank Motion Pictures for details 800.876.5577. 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 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. 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 have 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 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 begin. Additional costs may be considered 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 2013, the Client may select a mutually agreeable date in 2014. C,J k-t3-olc- 0ci 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 14 and August 2, 2013 Total price breakdown: One 58' AIRSCREEN (40' x 20' viewable surface - Package I) $2,800.00 ea Deposit required to hold dates $2,800.00 Remainin ' balance due Monda , Jul 1, 2013, 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, Round Rock Parks and Recreation and BMC. Du/I Signature of,R sponsible Party jr; Please P nt Name 77aidru_ka. W. 3 ilaci~-A. 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(bmcinemas.com Date: May 9, 2013 Please sign and retum with deposit. (Contract can be faxed or emailed for your convenience) Waddell -Williams Enterprises 603 Errol Drive Spicewood, TX 78669 (512) 215-4005 office (512) 215-4988 fax Bill To Round Rock Parks and Rec Roger Heaney 301 W. Bagdad St., Suite 250 Round Rock, TX 78664 Invoice Date Invoice # 5/9/2013 723 P.O. Number Terms Event Date 50% Deposit due now 7/4/2013 Quantity Item Code Description Price Each Amount 1 Cinema Production ... 58' Airscreen (40' x 22' viewable), high powered projector, audio system, media players, microphone, technician, set-up, take down, liability insurance, generator Movie TBD: Will send separate invoice once movie is decided Location: Old Settlers Park Lakeview Pavilion Final Payment Due: June 28, 2013 2,800.00 2,800.00 50% deposit due now to hold date. Remainder due week of event to WWE, Inc. Spicewood office Total $2,800.00 Pav online at: https://ipn.inttiit.com/jmhbb8N Waddell -Williams Enterprises 603 Errol Drive Spicewood, TX 78669 (512) 215-4005 office (512) 215-4988 fax Bill To Round Rock Parks and Rec Roger Heaney 301 W. Bagdad St., Suite 250 Round Rock, TX 78664 Invoice Date Invoice # 5/31/2013 737 P.O. Number Terms Event Date Total Amount Due Now 6/14/2013 Quantity Item Code Description Price Each Amount 1 1 License Rights License Rights Acquisition of Movie License Rights — Friday, June 14 — Sandlot (Criterion) Acquisition of Movie License Rights — Friday, August 2 — Willy Wonka and the Chocolate Factory (Swank) This Invoice corresponds with Invoice #724 (2 - Cinema Production Package I -- 40' x 20' AIRSCREENS) 350.00 300.00 350.00 300.00 We Appreciate Your Business. Thank You! Total $650.00 Pay online at: https://ipn.intuit.com/j8vwkgkg Waddell -Williams Enterprises 603 Errol Drive Spicewood, TX 78669 (512) 215-4005 office (512) 215-4988 fax Bill To Round Rock Parks and Rec Roger Heaney 301 W. Bagdad St., Suite 250 Round Rock, TX 78664 Invoice Date Invoice # 5/9/2013 724 P.O. Number Terms Event Date 50% Deposit due now 6/14/2013 Quantity Item Code Description Price Each Amount 2 Cinema Production ... 58' Airscreen (40' x 22' viewable), high powered projector, audio system, media players, microphone, technician, set-up, take down, liability insurance, generator Movie titles: June 14 — Sandlot / August 2 -- Willy Wonka and the Chocolate Factory (Original) (Movie Invoice to be sent under separate cover) Location: Old Settlers Park Lakeview Pavilion Final Payment Due: July 1, 2013 2,800.00 5,600.00 Thank you for choosing Blue Moon Cinemas for your outdoor movie event! Total $5,600.00 Pay online at: https://ipn.intuit.com/wfrnk8rd