CM-2014-359City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider authorizing an Outdoor Cinema Agreement for two outdoor
movies with Blue Moon Cinemas.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/21/2014
Dept Director: Rick Atkins, Director
Cost: $6,375.00
Indexes: General Fund
Attachments: 03-21-14 -CMAF Outdoor Cinema Agreement, 03 -21 -14 -PARD -Outdoor
Cinema Agreement
Department: Parks and Recreation Department
Text of Legislative File CM -2014-359
Consider executing an Outdoor Cinema Agreement with Blue Moon Cinemas for PARD's
Movies in the Park program. Movie dates include April 17 and July 4th, 2014.
Staff recommends
City of Round Rock Page 1 Printed on 3/20/2014
CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION
Required for Submission of Specific City Manager Items
Department Name: PARD
Project Mgr/Resource: Rick Atkins
City Manager Approval
CMA Wording
Project Name: Outdoor Cinema Agreement
ContractorNendor: Blue Moon Cinemas
Consider authorizing an Outdoor Cinema Agreement for two outdoor movies with Blue Moon Cinemas.
Approval
xDEmployee EE Bowden
Notes/Comments
-Date March 17, 2014
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 dates: Thursday, April 17 and Friday, July 4, 2014.
Location: Old Settlers Park Lakeview Pavilion. The show time can be scheduled at twilight (Approx 8:30 / 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. Generator
4. Technician on site
5. Acquisition of Movie Licenses
6. Set-up and tear down of BMC's equipment
7. Event liability insurance
8. 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 (BMC to Acquire Licenses - see page 2 of contract)
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 Disnev/Pixar, have
restricted the use of their films in outdoor settings. The Disney outdoor viewing window for 2014 is broken down by month
and "Animated" or "Live Action". Please can 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.
Client may select a mutually agreeable date for re -schedule within 6 months of original date.
CM -2014-359
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 plus License Fees $6,375.00
BMC will require a 50% Deposit to hold the following dates:
Thursday, April 17, Flashlight Egg Hunt and Friday, July 4, 2014
Total price breakdown:
One 58' AIRSCREEN (40' x 20' viewable surface - Package I) $2,800.00 each
License Fees Total $775
Rise of the Guardians (Flashlight Egg Hunt) $350
Despicable Me 2 (July 4th Celebration) $425
Deposit required for April 17, 2014 $3,150.00 (Incl License Fee)
Remaining balance due Monday, June 16, 2014, via mail, to below address $3,225.00
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.
17 TV. w A_
Signature of Responsible Party Blue Moon Cinemas Representative
SC\J WOOCS
Please Print Name
Date: March 14, 2014
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
Please sign and return 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
P.O. Number
Terms
Deposit due now
Event Date
4/17/2014
Invoice
Date
Invoice #
3/14/2014
849
Quantity
2
Item Code
Description
Price Each
Amount
1
Cinema Production ...
License Rights
58' Airscreen (40' x 22' viewable), high powered projector,
audio system, media players, microphone, technician, set-up,
take down, liability insurance
Acquisition of Movie License Rights
Rise of the Guardians (Flashlight Egg Hunt—April 17, 2014)
$350
Despicable Me 2 (July 4th Celebration) $425
Payment for April 17, 2014 Due Now — $3,150.00 (Movie plus
License Fee)
Final Payment for July 4, 2014 Due Monday, June 16, 2014
(Movie plus License Fee)
Location: Old Settlers Park Lakeview Pavilion
2,800.00
775.00
5,600.00
775.00
We Appreciate Your Business. Thank You!
Total
$6,375.00
Pay online at: https://ipn.intuit.com/b69q9q9s
Form
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W-9
2013)
ment of the Treasury
I Revenue Service
Request for Taxpayer
Identification Number and Certification
Give Form to the
rugust
send to the. IRo .
send to IRS.
Name (as shown on your income tax retum)
Waddell -Williams Enterprises, Inc.
Business name/disregarded entity name, If different from above
Blue Moon Cinemas
Check appropriate box for federal tax classification:
Exemptions
Exempt payee
Exemption
code (if any)
(see instructions):
code (if any)
MI Individual/sole proprietor • C Corporation F4 S Corporation 1 Partnership 1 Trust/estate
• Limited liability
company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership)
►
►
from FATCA reporting
■ Other (see instructions)
Address (number, street, and apt. or suite no.)
603 Errol Drive
Requester's name and
address (optional)
City, state, and ZIP code
Spicewood, TX 78669-2037
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line
to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the Part 1 instructions on page 3. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
number to enter.
Part II
Social security number 11
HHJ
Employer identification number
5
1
0
4
9
6
6
2
6
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or 1 am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) 1 have not been notified by the Internal Revenue::
Service (IRS) that 1 am subject to backup withholding as a result of a failure to report at interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.S. person (defined below), and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct 11N. See the
instructions on page 3. _
Sign
Here
Signature of
U.S. person ►
General Instructins
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. The IRS has created a page on IRS.gov for information
about Form W-9, at www.i.s.gov/w9. Information about any future developments
affecting Form W-9 (such as legislation enacted after we release it) will be posted
on that page.
Purpose of Form
A person who is required to file an information retum with the IRS must obtain your
correct taxpayer identification number (TIN) to report, for example, income paid to
you, payments made to you in settlement of payment card and third party network
transactions, real estate transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or contributions you made
to an IRA.
Use Form W-9 only if you are a U.S. person (including a resident alien), to
provide your correct TIN to the person requesting it (the requester) and, when
applicable, to:
1. Certify that the TIN you are giving is correct (or you are waiting for a number
to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt payee. If
applicable, you are also certifying that as a U.S. person, your allocable share of
any partnership income from a U.S. trade or business is not subject to the
Date ►
withholding tax on foreign partners' share of effectively connected income, and
4. Certify that FATCA code(s) entered on this form (If any) indicating that you are
exempt from the FATCA reporting, is correct.
Note. If you are a U.S. person and a requester gives you a form other than Form
W-9 to request your TIN, you must use the requester's form if it is substantial''
similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are considered a L S.
person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or organized in the
United States or under the laws of the United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or busines:> in
the United States are generally required to pay a withholding tax under sectio
1446 on any foreign partners' share of effectively connected taxable income Von'
such business. Further, in certain cases where a Form W-9 has not been rece'ved,
the rules under section 1446 require a partnership to presume that a partner it: a
foreign person, and pay the section 1446 withholding tax. Therefore, if you arc, a
U.S. person that is a partner in a partnership conducting a trade or business F 1 the
United States, provide Form W-9 to the partnership to establish your U.S. sta'us
and avoid section 1446 withholding on your share of partnership income.
Cat. No. 10231X
Form W-9 (Rev. 8-2013)