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HomeMy WebLinkAboutContract 32377 4 e, O717 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 Northside High School Mariachi Band hereinafter called "NHSM," a Fort Worth ISD school band. 1. TERM The term of this Agreement shall begin the date both parties have executed this Agreement and shall terminate September 30, 2005. 2. NHSM'S OBLIGATIONS 1. NHSM agrees to perform at the City of Fort Worth's Hispanic Heritage Employee Celebration on Thursday, September 22, 2005 (hereinafter the "Event"). 2. NHSM agrees to arrive at Event by ten and forty—five minutes (10:45 a.m.) in the morning and stay until the "Performance End Time" as specified by City in a subsequent letter. In the event that NHSM will not be able to arrive by ten and forty—five minutes (10:45 a.m.) in the morning, NHSM agrees to contact Ivette Ray at 817-691-2157 as soon as NHSM is aware of such delay. If NHSM arrives more than thirty (30) minutes later than by ten and forty—five minutes (10:45 a.m.) in the morning and the NHSM's performance cannot take place, as determined by City in its sole discretion, NHSM acknowledges and agrees that NHSM will not be paid for the event and shall refund City's deposit, if applicable. 3. NHSM agrees to follow the presentation outline, attached as "Exhibit A"which is incorporated into this Agreement as if fully set forth herein. 4. NHSM 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 NHSM. 5. NHSM shall sign up as an official City vendor via the City of Fort Worth website no later than September 15, 2005. vf1L�i' ����� 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 NHSM's performance on September Thursday, September 22, 2005 and such stage's dimensions shall be 24 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 NHSM at the Event on Thursday, September 22, 2005 to City under this Agreement, City shall pay NHSM $200 for the one time performance by NHSM. 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 NHSM shall not be entitled to keep the deposit made by the City. 2. NHSM performance as described herein is subject to proven detention by sickness, accident or other conditions beyond the control of NHSM. Upon concurrence with the City that the detention was beyond NHSM'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, NHSM hereby gives its consent and permission to City to use any photograph, video or film City has of NHSM 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. 2 7. INDEPENDENT CONTRACTOR NHSM shall operate under this Agreement as an independent contractor and not as an officer, agent, servant, or employee of City. NHSM 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 NHSM 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 NHSM. This Agreement may also be terminated at any time by the City with cause and upon notice to NHSM. 9. INDEMNIFICATION NHSM 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 NHSM OR SUBCONTRACTORS, WHICH MAY ARISE OUT OF ANY ACT, ERROR OR OMISSION IN THE PERFORMANCE OF NHSM'S SERVICES. NHSM 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: NHSM Name: Address: k,..(t Ave -1 lk� Icyt Telephone: Fax: (s,11)-1q 53o:2 W 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 NHSM 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 NHSM. 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 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. "NI-ISM" "CITY" C4;�F� Date /1- e Date BY: Joe a is ua Ass tan City anager WITNESS: ATTEST: f-y-\ "�"kA� By Marty Hendrix City Secretary APPROVED AS TO FORM AND LEGALITY AAA A � . Christa Lo k Assistant City Attorney NO M&C Required 5 1A 1 Y