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HomeMy WebLinkAboutContract 37703clTr SECRETARY CaNTR,r CT No* 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 Sandunga Dance Co, a professional musical performance group acting through Agustin Guzman its duly authorized agent, hereinafter called "Performer". This CONTRACT is for the professional musical performance services of Sandunga Dance Co, 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, October 2, 2008 at City Hall located at 1000 Throckmorton, Fort Worth, Texas 76102. The time for such performance shall be between the hours of 12:00 p.m. and 2p.m. 2. PERFORMER'S RESPONSIBILITIES A. Performer agrees to arrive at Event no later than 12:30 p.m. for the set up of equipment and sound check and to stay until the performance end time. B. 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 A. City shall designate a representative to coordinate details of the performance and event with the Performer. B. City shall provide the sound equipment which shall include a cd player and microphone. OFFICIt�L RECORD CITY SECRI=T.�RY FT. WORTH, TX 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 two hundred and fifty dollars and no cents ($250.00). A deposit to secure services is not required. The performer will be paid in the form of a check on the day of the performance. 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 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. 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 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 OFFICIAL RECORD 2 ' GITX SEGRETAR� E FT. WORTH, TX 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. TERMINATIO This Contract may be terminated by either party with or without cause with five (5) days written notice to the other party. 9. CORRESPONDENCE Any written correspondence required by this Contract shall be sent to: Performer Name Sandunga Dance Co Inc Address:2155 Marsh Ln 144, Carrollton Tx, 75006 Telephone Fax: (972) 418-1600 city Address: IWD Telephone Fax: (��►-,�.f -ems Performer and City agree to notify the other party within ten (10) days of any changes in addresses. g 3 OFFII;ISAL REC�FtD �iTY ���RETAf�Y T. WORTHO TX I U. 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 gation arising from this Contract shall be in Tarrant County, Texas. 15. EFFECTIVE DAT This Agreement becomes effective on the date the last party signs this Agreement. Ci1T'�" SEt�REiARY 4 F�°; WORTH, TX FRDh1 : SAhlDUNGA DRNCE COMPANY FAX N0. :972 �18 16D7 Sep. 3© 20[�S 1E�:19AM F1 �Z, IN WETNESS WHEREOF, 'rhe parties hereto havE� executed this Contract �n this �� day of ,_„gem _ . A. D., �pQS, in Fort 1North, Tarrant Ccgunty, Texas. CITY C?F Ft�RT Jos Pani�ia / Assistant Ci anag r� Date Signed: r� 11 �� ATTEST: Mart�/�-lendrix �D f 31D�� City Secretary APPl:2tOVED AS Tb FURM AND LEGALITY: ����-�5 Assistant ity Attorney SANDUNG�► DANCF CU. Agustin`�iuzman Autht�rized flgent Data Signet: �+�-'�� WITNES:�: CORI�t�RAI'E SEAL: �t��i�I�iA� i����i�t® CITY SEGRE�'ARx Fi:�WORiH; TX ;.