HomeMy WebLinkAboutContract 33981 -iTY SECRETARY
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 Ballet Folklorico de Fort Worth, Inc., hereinafter
called "BFFW", a professional performing company.
1.
TERM
The term of this Agreement shall begin the date both parties have executed this
Agreement and shall terminate September 30, 2006.
2.
BFFW'S OBLIGATIONS
1. BFFW agrees to perform at the City of Fort Worth's Hispanic Heritage
Employee Celebration on Thursday, September 21, 2006 (hereinafter the
"Event").
2. BFFW 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 BFFW will not be able to arrive by eleven (11) o'clock
in the morning, BFFW agrees to contact Jenny Townsend at 817-875-8130 as
soon as BFFW is aware of such delay.
If BFFW arrives more than thirty (30) minutes later than eleven (11) o'clock in
the morning and the BFFW's performance cannot take place, as determined
by City in its sole discretion, BFFW acknowledges and agrees that BFFW will
not be paid for the event and shall refund City's deposit, if applicable.
3. BFFW agrees to follow the presentation outline, attached as "Exhibit A" which
is incorporated into this Agreement as if fully set forth herein.
4. BFFW 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
BFFW.
5. BFFW shall sign up as an official City vendor via the City of Fort Worth
website no later than September 15, 2006.
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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 BFFW's performance on September
Thursday, September 21, 2006 and such stage's dimensions shall be 24 feet
by 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 BFFW at the Event on
Thursday, September 21, 2006 to City under this Agreement, City shall pay
BFFW $250 for the one time performance by BFFW.
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 BFFW shall not be entitled to keep the
deposit made by the City.
2. BFFW performance as described herein is subject to proven detention by
sickness, accident or other conditions beyond the control of BFFW. Upon
concurrence with the City that the detention was beyond BFFW'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, BFFW hereby gives its consent and permission
to City to use any photograph, video or film City has of BFFW 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
BFFW shall operate under this Agreement as an independent contractor and not
as an officer, agent, servant, or employee of City. BFFW 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 BFFW 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 BFFW. This Agreement may also be terminated at any time by
the City with cause and upon notice to BFFW.
9.
INDEMNIFICATION
BFFW 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 BFFW OR
SUBCONTRACTORS, WHICH MAY ARISE OUT OF ANY ACT, ERROR OR
OMISSION IN THE PERFORMANCE OF BFFW'S SERVICES. BFFW 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:
BFFW
Name: Carmen Garcia
Address: 3309 Highlawn Terrace
Fort Worth, TX 76133
Telephone: 817-263-5492
Fax: 817-335-1603
�61 FFIC1AL �� r
City
Name: Jenny Townsend
Address:
1000 Throckmorton
Fort Worth, Texas 76102
Telephone: 817-392-6030
Fax: 817-392-8181
BFFW 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 BFFW.
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.
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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.
"BFFW" "CITY"
nCCCL-Date .Ctp Date 0�
BY: r(Z C�-- Joe Palog
Ass stant CP anager
WITNESS: ATTEST:
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By Marty Hendri
City Secretary
APPROVED AS TO FORM AND
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Christ opez
Assistant City Attorney
NO M&C Required
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