CM-13-07-115ROUND R
IVPAH mcv
TEXAS
PROfJ'rnrri
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a service agreement with Texas Wired Music, Inc. to
provide Muzak to the City.
Type: City Manager Item
Gover ing Body: City Manager Approval
Ag nda Date: 7/19/2013
Deet Director: Will Hampton, Communications Director
Cost: $1,176.00
Indexes: General Fund
chments: CAF_Muzak_071513.pdf, Muzak_Contract_071513.pdf
Text of egislative File CM -13-07-115
City of Roun Rock
Page 1 Printed on 7/18/2013
CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION
Required for Submission of Specific City Manager Items
Department Name: Administration
Project Mgr/Resource: Saridon Chambless
]City Manager Approval
CMA Wording
Project Name: Service Agreement
Contractor/Vendor: Texas Wired Music, Inc.
Consider executing a service agreement with Texas Wired Music, Inc. to Provide Muzak to the City.
Approval
XDEmployee EE Bowden'
Notes/Comments
Bete July 15, 2013
0 TEXAS WIRED MUSIC, INC.
4242 N. Pan Am Expwy.
San Antonio, TX 78218
(210) 223-6383
Fax (210) 223-6411
muzak
cust # 000504 N E
bill to # Same
began billing
filed as
❑ TEXAS WIRED MUSIC, INC. 0 GULF BUSINESS MUSIC, INC. 0 MUZICOM, INC.
3019 Alvin Devane, Suite 200
Austin, TX 78741
(512)472-2555
Fax (512)472-2671
1826 S. Padre Island Dr., #201
Corpus Christi, TX 78416
(361)855-2651
Fax (361)855-9091
424 Executive Center Blvd., #115
El Paso, TX 79902
(915)533-5545
Fax (915)532-7253
Hereinafter called the COMPANY shall furnish COMPANY services under this Agreement, Upon the COMPANY'S acceptance of this Agreement, this
Agreement shall constitute with the undersigned SUBSCRIBER to furnish COMPANY services to:
SUBSCRIBER: City of Round Rock Phone (512) 218-5409 Email: schambless@roundrocktexas.com
at
221 E. Main St. Round Rock, TX 78664 to be installed existing
Address
1. The COMPANY hereby agrees to make available to SUBSCRIBER at the above designated premises the daily COMPANY services, as they may from time
to time be constituted, and at the times furnished. SUBSCRIBER agrees to and does hereby accept the COMPANY services as made available and as
they from time to time be constituted and at the times furnished.
2. In order to enable SUBSCRIBER to receive COMPANY services, COMPANY shall install and keep the receiver and antenna in operating condition.
COMPANY shall also furnish the equipment described herein below.
3. The term of this Agreement for the COMPANY services shall be for a period of three (3) years , beginning on the 1st
day of August 2013 and continuing thereafter for like subsequent periods, unless terminated by either party by written notice sent
to the other at the above address, at least sixty (60) days, but not more than 6 months prior to the expiration of the original term or any then current
renewal terms. The commencement date of this Agreement shall be the commencement date written above or the Initial date, for which COMPANY
services are billed hereunder, whichever is later.
TYPE OF SERVICES AND AREA TO BE SERVED:
* Muzak's Encompass LE music service to be provided to a Muzak -owned sound system. Muzak -owned equipment to include 3 Music receiver's and 1
satellite dish, 0 speakers, 0 Amplifiers, 0 Volume controls and all cabling.
* Routine maintenance to be provided on the Muzak -owned equipment at no additional cost to the Subscriber. The Subscriber assumes all responsibility for maintenance
on Subscriber- owned equipment.
* The Company assumes the payment of all music licensing fees required by ASCAP and BMI in connection with the Subscriber's use of Muzak programming. ASCAP and BMI
fees associated with the use of television, live performances, CDs, radio or any other program material are the responsibility of Subscriber.
* This Agreement replaces all previous agreements, except Marketing on Hold agreements, between the parties with respect to this location.
4. The total consideration, payable to the COMPAN offices, for the furnishing of the COMPANY services shall, except in the event of default or breach of this Agreement by
SUBSCRIBER, be payable in advance in monthly installments on the following basis, to wit:
MONTHLY INVESTMENT $ $98.00
NON-RECURRING initial Investment
n/a
When signed by the S BSCRIBER and accepted by COMPANY, this order, together with the terms and conditions on the reverse side hereof, shall become
a contract binding up• n the parties. The undersigned represents that he has read the terms and conditions on the reverse side, that he understands and
agrees to be bound b same, and that he has the authority to execute this Agreement on behalf of the SUBSCRIBER.
Accepted by the COMPANY
By:
Date of Signing:
CM-13--ol--if/5
SUBSCRIBER: City of Rou
By:
Title: City Manager
Printed Name: Steve Norwood
Taxpayer ID or SSN: 14- 011 L '3
A
Addendum to Service Agreement
The company and the subscriber agree that the following provision is to be attached to, and incorporated into,
the Servic Agreement between the parties dated July 2013:
If the Sub criber ceases doing business during the term of the Service Agreement described above, then the
Subscribe may terminate the Service Agreement by giving the Company written notice of its desire to do so 30
days prior to the requested termination date.
If the Sub
Service A
sale, then
new own
within the
Service A
If the Sub
above an
the Subsc
desire to
year.
criber sells the building or business where the serviced premise is located during the term of the
reement described above and no past due amounts are owed to the Company on the date of the
the Subscriber will be automatically relieved of its obligations under the Service Agreement, and the
r may terminate the Service Agreement by giving the Company written notice of its desire to do so
60 day period that follows the sale closing date. In the absence of such notice, the terms of the
reement will remain in force with respect to the new owner.
criber experiences "habitual" service problems during the term of the Service Agreement described
the Company is not able to remedy the problems after receiving written notice of the problems from
iber, then the Subscriber may terminate the Agreement by giving the Company written notice of its
o so. The term "habitual" for purposes of this paragraph shall mean occurring four or more times a
If the Su scriber relocates its business during the term of the Service Agreement described above, then the
Company shall relocate all leased equipment to the Subscriber's new place of business at no expense to the
Subscribe , or if Subscriber wants to move the equipment and service to another property during the term of
service, S bscriber will be allowed to move such equipment at no expense to the subscriber;
Company agrees to no rate increases for music services during the term of service.
COMPA Y:
Texas Wi ed Music Inc
By:
Name: Brett Balthro•e
Title: President
Date:
SUBSCRIBER:
By:
Name: Steve Norwood
Title: City Manager
Date: O%//0.�
City of Round Rock