HomeMy WebLinkAboutContract 26203 QTY SEC
CON RACRENO YA203
PROFESSIONAL ACTING SERVICES AGREEMENT
THIS AGREEMENT is entered into by and between the City of Fort Worth,
Texas, a home-rule municipal situated in Tarrant and Denton Counties, Texas,
hereinafter called "City," acting herein by and through Charles Boswell, its duly
authorized Assistant City Manager, and Mike Goldberg, hereinafter called
"Actor", professional actor.
WITNESSETH
WHEREAS the City of Fort Worth Environmental Management manages a
recycling program in which fictional characters are used to promote and educate
citizens about the services provided.
WHEREAS, City requires a professional actor to portray "Captain Crud", a
fictional character, at public events to promote its recycling program and to
educate citizens about the services provided.
WHEREAS Mike Goldberg, a professional actor, desires to render professional
acting services by portraying "Captain Crud" for the City of Fort Worth on terms
and conditions provided in this agreement.
THEREFORE, City engages the professional acting services of Mike Goldberg,
and in consideration of the mutual promises contained in this contract, the parties
agree as follows:
1.
TERM
The term of this agreement is for 12 months commencing on October 1, 2000,
and ending on September 30, 2001.
2.
CITY'S OBLIGATIONS
1. City agrees to contact Actor at least two weeks before event by telephone to
determine whether Actor is available to portray "Captain Crud" at event.
2. Once Actor confirms he is available to perform "Captain Crud" at event, City
will send Actor a confirmation letter specifying the date, "Actor Arrive Time",
performance time, duration of event and location of event. "Actor Arrive
Time" is thirty minutes before performance time.
3. City will keep and maintain "Captain Crud" costume and will bring it to each
event so that Actor can change into the costume at the event.
4. City will ensure that Actor has an appropriate area to change into the
"Captain Crud" costume.
3.
PROFESSIONAL ACTING SERVICES
1. Actor agrees to coordinate by phone with a City representative to determine
the dates Actor is available to portray "Captain Crud".
2. Actor agrees to arrive at event by the "Actor Arrive Time" and stay until the
"Performance end time" specified in the confirmation letter sent by City.
3. In the event that Actor will not be able to arrive by the "Actor Arrive Time"
specified in the confirmation letter, Actor agrees to page Dot Kent, or her
designee, at 817-998-2977 as soon as Actor knows he will not arrive on time.
4. If Actor arrives more than 15 minutes later than the "Actor Arrive Time"
specified in the confirmation letter and the Actor's performance cannot take
place, as determined by City, Actor acknowledges and agrees that he will not
be paid for the event.
5. Actor agrees to follow the presentation outline, attached as Attachment "A"
and incorporated herein as if set forth herein.
6. If problems occur with the sound system while Actor is performing, Actor
agrees to discontinue its use and project his voice and finish the performance.
7. Actor agrees to mingle throughout the crowds after the performance when
requested by city and will distribute only City provided materials and will be
compensated.
8. Actor agrees not to comment on any Environmental Collection Center
agreements or City of Fort Worth policies. If, while performing, Actor is asked
a question regarding agreements or policies, Actor will refer the questioner to
the City of Fort Worth.
9. Actor agrees to only portray "Captain Crud" at:
a. City sponsored events; or.
b. Other events with the written approval of City.
If Actor is portraying "Captain Crud" at the request of another entity and
Actor has obtained written approval from City to do such performance, City
will ensure that the "Captain Crud" costume is available for the performance.
Actor agrees that City will not be responsible for payment for performances
requested by other entities and that City will only be responsible for payment
for Actor's performances City requests.
4.
COMPENSATION
I. City Sponsored Event:
As fair compensation for the services provided by Actor to City under this
agreement:
A. Actor arrives at event and portrays "Captain Crud".:
1. City agrees to pay actor $100.00 (one hundred dollars) per hour that Actor
is at the event and the performance takes place, however, Actor will not
be paid for any time Actor arrives before "Actor Arrive Time" stated in the
confirmation letter.
2. City agrees to pay Actor within 14 days of receiving a bill. - —
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B. Performance does not take place because of Actor's fault:
1. Actor agrees that he will not be paid for a City event if Actor's performance
cannot take place because of Actor's fault, such as, but not limited to;
arriving more than 15 minutes later than the "Actor Arrive Time" specified
in the confirmation letter and City, in its sole discretion, determines that
the performance cannot take place or Actor fails to arrive at event.
2. City will inform Actor in writing within 10 days of the event specifying the
reasons why the performance did not occur.
C. Event is canceled:
If City event is canceled through no fault of actor, no compensation will be
owed to Actor if City notifies Actor by faxing "Event Cancellation Notice" to
Actor at least 30 days before event. If, City fails to provide "Event
Cancellation Notice" to Actor at least 30 days before event, City shall pay
Actor $100.00 per canceled hour for the canceled event within 14 working
days of receiving a bill.
II. Performance at a Non City Sponsored Event:
If Actor agrees to portray "Captain Crud" for another entity and obtains
written approval from City, City will in no way be responsible for any
payment owed to Actor for portraying "Captain Crud" at the request of
another entity.
III. Program Development
City agrees to pay Actor $50.00 per hour, with a maximum of 4 hours
being paid, to Actor for Program Development. Program Development
includes developing magic tricks relating to the presentation outline Exhibit
"A" and learning what to say at events. Once Actor is ready to present act
to City, City shall review act and give comments. If any changes are
needed, City shall notify Actor of changes.
IV. Fittings for Costume
City agrees to pay Actor $50.00 per hour to be fitted for the "Captain
Crud" costume.
V. Photographic Sessions
City agrees to pay Actor $100.00 per hour for any modeling sessions it
schedules for City.
VI. Video
In the event City decides to tape a "Captain Crud" video to promote the
Environmental Collection Center, Actor will be paid $100.00 per hour to
portray "Captain Crud," for the video.
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VII. Equipment
City agrees to reimburse Actor up to $200.00 for any City approved
equipment, tricks or props Actor believes he needs to portray "Captain
Crud" once Actor sends City an invoice for the equipment, trick or prop. If
City has reimbursed Actor $200.00 for the equipment, tricks or props and
Actor believes that another item should be purchased, Actor will contact
City and explain what additional item(s) are necessary. If City determines,
in its sole discretion, that the item should be bought, City shall prepare a
written authorization to Actor authorizing the purchase, and shall
reimburse Actor for the item(s) within 14 days of Actor presenting an
invoice for the item(s). If City determines that the item(s) should not be
purchased and Actor purchases the item(s) despite City's determination,
City shall in no event be responsible to reimburse Actor for the item(s).
The equipment, trick or prop, purchased by Actor, becomes the property
of the City upon City's reimbursement payment for the equipment, trick or
prop to Actor
5.
PERMISSION TO USE PHOTOGRAPHS & VIDEOS OR FILMS
By entering into this Agreement, Actor hereby gives his consent and permission
to City to use any photograph, video or film City has of Actor portraying "Captain
Crud." Use includes, but is not limited to; publishing, posting on an official web
site or putting on television, either network or cable or at neighborhood meetings.
6.
INDEPENDENT CONTRACTOR
Actor shall operate under this agreement as an independent contractor and not
as an officer, agent, servant, or employee of City. Actor shall have the exclusive
right to control the details of the work and the services performed hereunder.
City shall have no right to exercise any control over or to supervise or regulate
Actor in any way other than stated herein. The doctrine of Respondeat Superior
shall not apply as between the parties, and nothing herein shall be construed as
creating a partnership or joint enterprise between the parties.
7.
TERMINATION
This agreement may be terminated by either party without cause with thirty days
written notice to the other party.
8.
CORRESPONDENCE
Any written correspondence required by this agreement shall be sent to:
U' 9
Actor:
Name: Mike Goldberg
Address: 415 N. Hampton St.
Fort Worth, TX 76102
Telephone: 870-1127
Fax: 877-3851
City
Name: Brian Boerner, Director
Address: Environmental Management Department
1000 Throckmorton
Fort Worth, Texas 76102
Telephone: 871-6088
Fax: 871-6359
Actor and City agree to notify the other party within 30 days of any changes in
addresses.
9.
NON-ASSIGNABILITY
This agreement is non-assignable and any unauthorized purported assignment
or delegation of any duties hereunder, without the prior written consent of the
other party, shall be void and shall constitute a material breach of this
agreement.
10.
ENTIRETY
This agreement and attachment "A" incorporated herein by reference constitute
the entire agreement by the parties hereunder, and any prior or
contemporaneous oral or written agreements, shall be void.
11.
MODIFICATION
This agreement may be modified by the mutual agreement of the parties, if the
modification is in writing and signed by City and Actor.
12.
SEVERABILITY
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In case any one or more of the provisions contained in the agreement shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provision of this
agreement, and this agreement shall be construed as if such invalid, illegal, or
unenforceable provisions had never been contained herein..
13.
VENUE
This agreement shall be construed under and in accordance with the laws of the
State of Texas, and the venue for any litigation arising from this agreement shall
be in Tarrant County, Texas.
14.
EFFECTIVE DATE
This contract becomes effective on the date the last party signs this agreement.
"ACTOR" "CITY OF FORT WORTH"
7 Date /,21,�,o Q . Date 21
Mike dber Charles Boswell
Assistant City Manager
ATTEST:
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Contract P,utho zation
Cit Secretary
Date
APPR ED AS TO FORM
Assista City A o ney
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ATTACHMENT "A"
FORMAT FOR CAPTAIN CRUD ASSEMBLIES
I. Introduction
City or school personnel will introduce actor as Captain Crud. Actor's brief
opening remarks should include use of the school name where performance
is being held, definition of the word "crud", Captain Crud's goal of saving the
planet from pollution, and the slogan "Conquer Your Crud"-- which will be
repeated throughout performance.
II. Storm Water
A. Discuss relation between storm drains and creeks, rivers and lakes.
B. Relate water pollution to kids: for example, ask kids "who likes to go
fishing or swimming?"
C. Introduce the Cruddies (on slide) and tell how they pollute. Continue
with slide presentation of Scrub's adventure down a storm drain.
D. Explain non-polluting car washing techniques.
III. Household Hazardous Waste
A. Use props to talk about other"crud" in children's homes (antifreeze, oil,
etc.) and the dangers these products pose to children and pets,
B. Tell kids where their family can take leftover household chemicals to
dispose of them properly: the Environmental Collection Center.
C. Urge kids to check out web page for more information and games.
D. Magic box trick involving a Cruddie. Pick a student volunteer.
E. Suggest children use natural cleansers, like vinegar, instead of chemicals.
IV. Reducing Waste & Recycling
A. Show how newspapers can be re-used to clean mirror, wrap a present.
B. Magic trick using newspaper. Pick a student volunteer.
C. Using props, talk about recycling aluminum cans by putting them into city
recycle bin.
D. Magic rope trick. Pick a volunteer.
E. Cup &water trick. Pick a teacher volunteer.
V. Review
Recap major points: where storm water goes, take household chemicals to
the ECC, reduce waste & recycle.
VI. Exit
Perform a final magic trick that will leave a lasting impression. After actor's
exit, city or school personnel will hand out brochure and other materials to
students—unless otherwise directed.
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