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CM-2014-436 - 5/30/2014 I City of Round Rock ROUND ROCK TEXAS wpvog n wore rAosrexrrx Agenda Item Summary Agenda Number: Title: Consider authorizing a Performance Agreement with Swifty Swine Productions for swine racing during the City's 4th of July celebration. Type: City Manager Item Governing Body: City Manager Approval i Agenda Date: 5/30/2014 Dept Director: Rick Atkins, Director Cost: $6,000.00 Indexes: General Fund i Attachments: 05-30-14-PARD-CM-Performance Agreement- Swifty Swine Productions Department: Parks and Recreation Department Text of Legislative File CM-2014-436 Swifty Swine Productions will perform six shows daily which includes three heat races and "Swifty"the swimming pig. They will also have baby piglets we will bring out after the show to greet the audience and pose for"pigtures". Staff recommends. t F i L t l r { F City of Round Rock Page 1 Printed on 512912014 t g.. s } ` i�'e< ��'.w s .;�. ,•- S����.�, r r k,-. a'#:s� - � h�i d�a'���„ :aew <: t� .... CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION Required for Submission of Specific City Manager Items Department Name: Parks and Recreation Department Project Name: Performance Agreement t e Project Mgr/Resource: Rick Atkins Contractor/Vendor: Swifty Swine Productions a i City Manager Approval i CMA Wording F. Consider authorizing a Performance Agreement with Swifty Swine Productions for swine racing during the City's 4th of July celebration. n. i* Approval �/ i XlEmployee EE Bowden /� Date May 19, 2014 Notes/Comments i { r t I r i 9 SWIFTY SWINE CONTRACT RIDER F Artist will provide: 4 1. Pigs and pig housing 2. Starting gates and fencing for race track 3. Lighting for night racing 4. Personnel to set up and perform shows 5. Prizes to give away to winning cheerleaders 6. Premium sound equipment Operator to provide: (at its sole expense) 1. Recommended space (64'x 50') 2. Water connection within 100' of race trailer 3. One 50 amp or two 30 amp plugs within 100' of race trailer 4. Wood shavings for race track (25-30 bags) 5. Access to sewer or pump truck every 5th day 6. Admission and parking passes for personnel a, General: Swifty Swine Productions personnel will be available for media and press appearances. Swifty Swine Productions reserves the right to sell novelty items to the public such as key chains, T-shirts, pictures, etc. Insurance: Swifty Swine Productions carries public liability insurance in the amount of One Million Dollars. A copy is available upon request. Animal Welfare: It is extremely important that the electricity and water are available at the time of arrival. OPERATOR: Date: r TELEPHONE: ARTIST: Date: ' l eplid OPP 4 CM-2014-436 t i i SWIFTY SWINE PRODUCTIONS Zach&Shannon Johnson PO Box 668,Van,TX 75790 214-244-5157 www.swiftvswine.com AGREEMENT made this 16th day of May, 2014 between Round Rock Parks and F Recreation, hereinafter called the"OPERATOR" and "SWIFTY SWINE PRODUCTIONS" hereinafter called the "ARTIST". 1) The Operator hereby warrants that he/she is the Operator at the present time and for the duration of this agreement, and engages the Artist, and the Artist ° hereby accepts said engagement, to present his/her Act, namely RACING PIGS consisting of six shows on the day, July 4th, 2014 in Round Rock, TR, for which the Operator agrees to pay the Artist, and the Artist agrees to accept as full payment, the sum of Six Thousand($6,000.00) Dollars, payable on the day of the performances, July 4th, 2014. k F 2) It is understood that the Artist is executing this Agreement as an independent contractor and not as an employee, and that the Artist will have exclusive control over the means, method and details of fulfilling the obligation under this contract. : 3) The Artist agrees to perform and discharge all obligations as an independent contractor under any and all laws, whether existing or future, in any way pertaining to the engagement hereunder. t 4) The Artist will make no claim of any sort upon the Operator for damages or injuries to him/herself, associates or employees sustained in the presentation of his/her Act under the terms of this Agreement through accidental means or otherwise. x t 5) Special Provisions: A. The attached rider is part and parcel of this contract. B. The signing of this contract acknowledges acceptance of the attached provisions by both parties. i 6) Payment: Please make all checks payable to Zach Johnson 7) s. 8) IN WITNESS THEREOF, we have signed this Agreement on the day and year first g above written. OPERATOR: Date: ARTIST: Date: �P {