HomeMy WebLinkAboutContract 32376 olo _
PROFESSIONAL PERFORMANCE AGREEMENT
THIS AGREEMENT is entered into by and between the City of Fort Worth,
Texas, a home-rule municipality situated in Tarrant County, Texas, hereinafter
called "City," acting herein by and through Joe Paniagua, its duly authorized
Assistant City Manager, and Maria Patricia Frischmann hereinafter called
"Frischmann," a professional entertainer and artist.
1.
TERM
The term of this Agreement shall begin the date both parties have executed this
Agreement and shall terminate September 30, 2005.
2.
FRISCHMANN'S OBLIGATIONS
1. FRISCHMANN agrees to perform at the City of Fort Worth's Hispanic
Heritage Employee Celebration on Thursday, September 22, 2005
(hereinafter the "Event").
2. FRISCHMANN agrees to arrive at Event by eleven (11) o'clock in the morning
and stay until the "Performance End Time" as specified by City in a
subsequent letter. In the event that FRISCHMANN will not be able to arrive by
eleven (11) o'clock in the morning, FRISCHMANN agrees to contact Ivette
Ray at 817-691-2157 as soon as FRISCHMANN is aware of such delay.
If FRISCHMANN arrives more than thirty (30) minutes later than eleven (11)
o'clock in the morning and the FRISCHMANN's performance cannot take
place, as determined by City in its sole discretion, FRISCHMANN
acknowledges and agrees that FRISCHMANN will not be paid for the event
and shall refund City's deposit, if applicable.
3. FRISCHMANN agrees to follow the presentation outline, attached as "Exhibit
A" which is incorporated into this Agreement as if fully set forth herein.
4. FRISCHMANN agrees to provide City with a music CD to be used during its
performance along with a list of songs that will be played from the CD and the
order in which those songs should be played. The City shall return the CD to
FRISCHMANN.
5. FRISCHMANN shall sign up as an official City vendor via the City of Fort
Worth website no later than September 15, 2005.
3.
CITY'S OBLIGATIONS
1. City agrees to designate a representative to coordinate all services to be
performed pursuant to this Agreement.
2. City agrees that it will provide a stage for FRISCHMANN's performance on
September Thursday, September 22, 2005 and such stage's dimensions shall
be 28 x 30 feet.
3. City shall provide a sound system and a City representative to manage the
sound system.
4.
COMPENSATION
As fair compensation for the services provided by FRISCHMANN at the Event
on Thursday, September 22, 2005 to City under this Agreement, City shall
pay FRISCHMANN $500 for the one time performance by FRISCHMANN.
5.
DUTY TO PERFORM
1. The Event shall be canceled if an unanticipated event as determined by the
City occurs. Unanticipated event shall mean but not be limited to severe
weather events such as hurricanes, tornadoes, floods, ice storms or hail, and
other disasters such as fires but not including reasonably anticipated weather
conditions for the geographic area of the City. If the City cancels the Event
due to an unanticipated event then FRISCHMANN shall not be entitled to
keep the deposit made by the City.
2. FRISCHMANN performance as described herein is subject to proven
detention by sickness, accident or other conditions beyond the control of
FRISCHMANN. Upon concurrence with the City that the detention was
beyond FRISCHMANN's control, then a full refund of any and all deposits
made by City shall be returned.
6.
PERMISSION TO USE PHOTOGRAPHS & VIDEOS OR FILMS
By entering into this Agreement, FRISCHMANN hereby gives its consent and
permission to City to use any photograph, video or film City has of
FRISCHMANN performing. 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.
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7.
INDEPENDENT CONTRACTOR
FRISCHMANN shall operate under this Agreement as an independent contractor
and not as an officer, agent, servant, or employee of City. FRISCHMANN 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 FRISCHMANN 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.
8.
TERMINATION
This Agreement may be terminated by the City without cause with thirty (30) days
written notice to FRISCHMANN. This Agreement may also be terminated at any
time by the City with cause and upon notice to FRISCHMANN.
9.
INDEMNIFICATION
FRISCHMANN SHALL INDEMNIFY, RELEASE AND HOLD THE CITY AND
ITS OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM ANY LOSS,
DAMAGE, LIABILITY OR EXPENSE FOR DAMAGE TO PROPERTY AND
INJURIES, INCLUDING DEATH, TO ANY PERSON, INCLUDING BUT NOT
LIMITED TO OFFICERS, AGENTS OR EMPLOYEES OF FRISCHMANN OR
SUBCONTRACTORS, WHICH MAY ARISE OUT OF ANY ACT, ERROR OR
OMISSION IN THE PERFORMANCE OF FRISCHMANN'S SERVICES.
FRISCHMANN SHALL DEFEND AT ITS OWN EXPENSE ANY SUITS OR
OTHER PROCEEDINGS BROUGHT AGAINST THE CITY, ITS OFFICERS,
AGENTS AND EMPLOYEES, OR ANY OF THEM, RESULTING FROM SUCH
ACT, ERROR OR OMISSION; AND SHALL PAY ALL EXPENSES AND
SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED BY OR
RENDERED AGAINST THEM OR ANY OF THEM IN CONNECTION
THEREWITH RESULTING FROM SUCH ACT, ERROR OR OMISSION.
10.
CORRESPONDENCE
Any written correspondence required by this Agreement shall be sent to:
FRISCHMANN
Name: Maria Frischmann
Address: 6912 River Park Ln. N #424
3
Fort Worth, TX 76116
Telephone: (817)763-5763
Fax.-
city
ax:City
Name: Ivette Ray
Address: Log Cabin Village
2100 Log Cabin Village Lane
Fort Worth, Texas 76109
Telephone (817)871-6767
Fax: (817)922-0246
FRISCHMANN and City agree to notify the other party of any changes in
addresses.
11.
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.
12.
ENTIRETY
This Agreement and attachment "Exhibit 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.
13.
MODIFICATION
This Agreement may be modified by the mutual consent of the parties, if the
modification is in writing and signed by City and FRISCHMANN.
14.
SEVERABILITY
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
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Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provisions had never been contained herein.
15.
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.
16.
EFFECTIVE DATE
This Agreement becomes effective on the date the last party signs this
Agreement.
"FRISCHMANN" "C "
Date
Y: Jo a iagu
Assistant City Manager
WITNESS: ATTEST:
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By Marty Hendri
City Secretary
APPROVED AS TO FORM AND
LEGALITY
Christa L pez
Assistant City Attorney
NO M&C Required