HomeMy WebLinkAboutContract 33982 =i ► �` SECRETARY
PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT is entered into by and between the City of Fort Worth, Texas,
a home-rule municipality situated in Tarrant, Denton and Wise Counties, Texas,
hereinafter called "City," acting herein by and through Joe Paniagua, its duly
authorized Assistant City Manager, and Latin Express, a professional musical
performptpce group acting through bu ke- 6/I/!°L its duly authorized
hereinafter called "Perfo er".
This CONTRACT is for the professional musical performance services of Latin
Express, and in consideration of the mutual promises contained in this
Agreement, the parties agree as follows:
1.
TIME AND PLACE OF PERFORMANCE
Performer agrees to provide such professional musical services and performance
to the City at its Hispanic Heritage Celebration (hereinafter "Event") on Thursday,
September 21, 2006 at City Hall located at 1000 Throckmorton, Fort Worth,
Texas 76102. The time for such performance shall be between the hours of 12
p.m. and 2p.m.
2.
PERFORMER'S RESPONSIBILITIES
1. Performer agrees to arrive at Event no later than 11:30 a.m. for the set up of
equipment and sound check and to stay until the performance end time.
2. Performer agrees to follow the presentation outline which shall be delivered to
Performer by the City no later than five (5) business days prior to the Event
and which shall be incorporated into this Contract as if fully set forth herein,
3.
CITY'S RESPONSIBILITIES
1. City shall designate a representative to coordinate details of the performance
and event with the Performer.
2. City shall provide the sound equipment which shall
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4.
COMPENSATION
A. As fair compensation for the services provided by Performer to City under
this Contract, City shall pay Performer an amount not to exceed one
thousand three hundred dollars and no cents ($1,300.00). A deposit in the
amount of six hundred fifty dollars ($650.00) shall be paid as a deposit for
Performer's services no later than the date this Contract is fully executed
and shall constitute one half (1/2) of the full compensation stated above.
The remaining balance of six hundred fifty dollars ($650.00) shall be paid
on the date of such Event.
B. If the Event is canceled due to an unanticipated event occurring on or near
the day of the Event as determined by the City then City shall not be
entitled to the return of the deposit; however Performer shall not be
entitled to receive the balance of the compensation. Unanticipated Events
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.
C. If the City provides Performer with at least thirty (30) days written notice in
advance of the Event that it is canceled, no compensation will be owed to
Performer and Performer shall return the deposit made to the City within
ten (10) business days. If City fails to provide at least thirty (30) days
notice of cancellation, Performer shall be entitled to keep the deposit.
5.
PERMISSION TO USE PHOTOGRAPHS &VIDEOS OR FILMS
By entering into this Contract, Performer hereby gives its consent and permission
to City to use any photograph, video or film City has of Performer performing
such services described herein at the Event. Use includes, but is not limited to:
publishing, posting on an official web site or airing on television, either network or
cable or at neighborhood meetings.
6.
INDEPENDENT CONTRACTOR
Performer shall operate under this Contract as an independent contractor and
not as an officer, agent, servant, or employee of City. Performer 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
a 1-: '} T
n G Iq�t
or regulate Performer 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.
INDEMNIFICATION
PERFORMER SHALL RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND
HOLD HARMLESS, CITY, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES,FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS,ARISING OUT OF THE SERVICES TO
BE PERFORMED HEREUNDER BY PERFORMER, ITS OFFICERS, AGENTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR
INVITEES, INCLUDING DAMAGES, LOSS, INJURY OR DEATH, TO THE
EXTENT CAUSED BY ANY ERROR, OMISSION, DEFECT, OR DEFICIENCY
OF PERFORMER IN ACCORDANCE WITH THIS CONTRACT EXCEPT TO
THE EXTENT ANY SUCH DAMAGES, LOSS, INJURY OR DEATH IS CAUSED
BY ANY NEGLIGENT ERROR, OMISSION, DEFECT OR DEFICIENCY OF
THE CITY.
The obligations of the Contractor under this section shall survive the expiration of
this Contract and the discharge of all other obligations owed by the parties to each
other hereunder.
8.
TERMINATION
This Contract may be terminated by either party with or without cause with thirty
(30) days written notice to the other party.
9.
CORRESPONDENCE
Any written correspondence required by this Contract shall be sent to:
Performer
VQ�Name: a� '
Address: 19,3q cic.Lt rn.: .c-
Telephone:
Fax: 9/7 - LAO- 44?
4 -
City
Name: f6NN Y ToWAtSt Nle
Address: l000 77/Ro_-K1noR.1D/I) 3F.
Telephone Fa?- UbR7_9, /X 74P/Oa-1
f17-` 7Q - 40o
Fax: 0/7- `39� - 91f/
Performer and City agree to notify the other party within ten (10) days of any
changes in addresses.
10.
NON-ASSIGNABILITY
This Contract 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 Contract.
11.
ENTIRETY
This Contract constitutes the entire agreement by the parties hereunder, and any
prior or contemporaneous oral or written agreements shall be void.
12.
MODIFICATION
This Contract may be modified by the mutual consent of the parties, if the
modification is in writing and signed by City and Performer.
13.
SEVERABILITY
In case any one or more of the provisions contained in the Contract 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
Contract, and this Contract shall be construed as if such invalid, illegal, or
unenforceable provisions had never been contained herein.
14.
VENUE
This Contract shall be construed under and in accordance with the laws of the
State of Texas, and the venue for any litigation arising from this Contract shall be
in Tarrant County, Texas.
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15.
EFFECTIVE DATE
This Agreement becomes effective on the date the last party signs this
Agreement.
IN WITNESS VkHEREOF, The., artier hereto have executed this Contract on this
day of A.D., 2006, in Fort Worth, Tarrant County,
Texas.
CITY OF FORTWORTH LATIN EXPRESS
_ BY:- C
Joe P i g IT'S
Assist#n ty Mana
Date Signed: Ll Date Signed:
ATTEST: WITNESS:
f)�M�a�Hendq
City Secretary
APPROVED AS TO FORM CORPORATE SEAL:
AND LEGALITY:
ULU-
AssistanYCity Att 0 me
y
NO M&Ckf- U1RED