HomeMy WebLinkAboutContract 30784 CITY SECRETARY
CONTRACT NO.
PROFESSIONAL ACTING SERVICES AGREEMENT
THIS AGREEMENT is entered into by and between the City of Fort Worth,
Texas, a home-rule municipality situated in Tarrant and Denton Counties, Texas,
hereinafter called "City," acting herein by and through Libby Watson, its duly
authorized Assistant City Manager, and Mike Goldberg, hereinafter called
"Actor", a professional actor.
WITNESSETH
WHEREAS the City of Fort Worth's Environmental Management Department (the
"Department") manages an educational program in which fictional characters are
used to promote and educate citizens about the services provided by the City;
WHEREAS, City requires a professional actor to portray "Captain Crud", a
fictional character, at public events to promote its recycling program as well as
other services offered by the City and to educate citizens about such services;
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;
NOW THEREFORE, City engages the professional acting services of Mike
Goldberg, and in consideration of the mutual promises contained in this
Agreement, the parties agree as follows:
1.
TERM
The term of this Agreement shall be for 12 months commencing on October 1,
2004, and ending on September 30, 2005.
2.
CITY'S OBLIGATIONS
1. City agrees to contact Actor prior to an event by telephone to determine
whether Actor is available to portray "Captain Crud" at event. If the City
provides Actor with at least 30 Days notice Actor shall confirm his acceptance
in writing.
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" shall be thirty minutes before performance time.
3. City shall keep and maintain the "Captain Crud" costume and will bring it to
each event so that Actor can change into the costume at the event.
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4. City shall 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 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 in its sole discretion, Actor acknowledges and
agrees that he will not be paid for the event.
5. Actor agrees to follow the presentation outline, attached as Attachment
"Exhibit A" and "Exhibit B" which are incorporated into this Agreement as if
fully 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; and
b. Other events with the written approval of City.
10.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
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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, in an amount not-to-exceed $25,000:
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 15 days of receiving a bill.
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 confirm with Actor in writing within 10 days of the event specifying
the reasons why the performance did not occur.
C. Event is canceled:
1. If a City event is canceled due to an unanticipated event as determined by
the City then City shall pay Actor $100.00 per canceled hour for the
canceled event within 15 working days of receiving a bill. 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.
2. If the City notified Actor at least 30 days in advance of an event and
Actor agreed to perform in writing and confirmed his availability and
a 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's Agent at least 15 days before event. If City fails to provide "Event
Cancellation Notice" to Actor at least 15 days before event in such case as
noted above, City shall pay Actor $100.00 per canceled hour for the
canceled event within 15 working days of receiving a bill.
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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 outlined in
"Exhibit A" and "Exhibit B" 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.
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 through written documentation what additional item(s) are
necessary. If City determines, in its sole discretion, that the item should
be purchased, 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.
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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 with or without cause with
thirty (30) days written notice to the other party.
8.
CORRESPONDENCE
Any written correspondence required by this Agreement shall be sent to:
Actor
Name: Mike Goldberg
Address: 415 N. Hampton St.
Fort Worth, TX 76102
Telephone: 817-870-1127
Fax: 817-877-3851
City
Name: Brian Boerner, Director
Address: Environmental Management Department
1000 Throckmorton
Fort Worth, Texas 76102
Telephone 817-392-6088
Fax: 817-392-6359
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Actor and City agree to notify the other party within thirty (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 attachments "Exhibit A" and "Exhibit B" 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 consent of the parties, if the
modification is in writing and signed by City and Actor.
12.
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
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 Agreement becomes effective on the date the last party signs this
Agreement.
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SIGNATURE PAGE FOR CAPTAIN CRUD CONTRACT
"ACTOR" "CITYM= FORT WORTH"
Date Date /Joz.(, 0v
Mike Goldberg Liky Wat6dh
Assistant City Manager
ATTEST:
City Secretar�
APPROVED AS TO FORM AND
LEGALITY
1/1 A j-a K-,
ssistaHLCity Attorney(
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Contract Authorization
Date
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"EXHIBIT A"
FORMAT FOR CAPTAIN CRUD ASSEMBLIES
I. Introduction
City or school personnel will introduce actor as Captain Crud and help
audience come up with a definition of recycling. Actor's brief opening
remarks should include 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"or"Recycle More, Trash Less"
-- which will be repeated throughout performance.
II. Litter
A. Pick up a piece of trash from the floor and ask students if they know
what litter is. Define"litterbug."
B. Ask students if they know what a litterbug looks like.
C. Perform magic sketchpad trick.
D. Rope trick. Pick a volunteer. End with "Now that's what I call recycling!"
III. Recycling & Reducing Waste
A. Hold up"Incredible Shrinking Garbage" bag. Have audience mime size of
garbage bag.
B. Empty bag on table. Using props, teach audience what can and cannot be
recycled in Fort Worth. Let students help by putting recyclables into a city
recycle cart and putting trash back in the plastic garbage bag.
C. Explain lid removal, rinsing of food containers and other program details.
D. When all props are used, ask audience to remember how big the garbage
bag was at first.
E. Hold up"Incredible Shrinking Garbage" bag to show how much smaller it
is. "Recycle More, Trash Less!"
IV. Finale
A. Ketchup bottle trick for a lasting impression. "Getting rid of litter/trash
isn't so hard, if we all help."
After actor's exit, city or school personnel will explain handout materials to
students.
"EXHIBIT B"
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. Explain 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 our 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. Magic box trick involving a Cruddie. Pick a student volunteer.
IV. Reducing Waste & Recycling
A. Show how newspapers can be re-used to clean mirror, wrap a present.
B. Using props, talk about recycling metal cans, glass and plastic bottles. Let
students help by putting them into a city recycle bin.
C. Magic rope trick. Pick a volunteer.
V. Litter
A. Pick up a piece of trash from the floor and ask students if they know
what litter is.
B. Ask students to raise their hands and name different types of litter.
C. Ask students where litter belongs—then place it in the trash can.
D. Ketchup bottle trick for a lasting impression. "Getting rid of litter isn't so
hard, if we all help."
VI. Exit
After actor's exit, city or school personnel will explain handout materials to
students.
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