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Home My WebLink AboutContract 35780��L.}\` ��/��`t �� 1 �� _� �ALLAS - SAN ANTONIO aTY sEc�E�r�►RY2��a� C4fVTRAGT NO. CONTRACT This Contract is made and entered into as of t t�`i 2007, by and between, FUN FAC70RY EVENTS, and the City of Fort Worth ("City"), a home rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties acting by and through its duly authorized Assistant City Manager . PREAMBLE WHEREAS, FUN FACTORY EVENTS is engaged in the business of planning, coordinating, and executing events "Events" on behaif of the City; and WHEREAS, it is understood that the City engages and retains FUN FACTORY EVENTS, an independent Contractor, as the City consultant, coprdinator or producer for the City Events as follows: EVENT: Fit Future Kids Fest LOCATION: Will Rogers DATE(S): November 3, 2007 NOW, THEREFORE, in consideration of their mutual consideration and premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowiedged, the parties agree as follows: 1) Event Services. Subject to the terms and conditions set forth in this Contract, FUN FACTORY EVENTS shall provide the Event Services specified in the schedule attached hereto as Exhibit A and incorporated herein by this reference. Unless otherwise agreed to in writing, FUN FACTORY EVENTS shall be appointed by the City to act as the provider of Event Services for the Event, per the schedule attached, and with regard to the organization and management of the Event and as such have the necessary authority to act on the City behalf with respect to the Event. 2) Paxment Terms: (This can be addendum item) Total Estimated Event prices are provided in the Budget attached hereto. Any additional costs incurred at the request of the City, shall be billed on an addendum contract. A monthly finance charge of 1.5°/a will be added to any delinquent invoice. All prices quoted on the attached exhibit(s) are subject to change until a signed contract is received from City. The amount quoted herein reflects a 5% cash or company check discount. ff City elects to pay by any other method, the discount is rescinded. 3) tnsurance. FUN FACTORY EVENTS carries general liability and property damage insurance covering the rendition of its services in connection with this contract. FUN FACTORY EVENTS personnel working on this project pursuant to this Contract are not employees of the City, and the parties are not affiliated or partnered in any way, but are independent parties. FUN FACTORY EVENTS carries all insurance necessary to com�ly with the Workman's Compensation and the Employer's Liabitity laws of the State of Texas, ^�,, ,� ,,,� � �i;i� li�'l�l;�'°�''G' � :� /-'� Ip� �^ �� ' , � . , .' �!�� ;- , . . � ,-, Q �,? �` _� :�(1`�i�.�U U�� . f �, ':�'1 ;:i J� ifl � ,� � � lSH �� `�� Page 1 of 7 INITIAL �� DATE `� L, C' � �-' U ��'L��! �<!�c�`}'�1�t�� 1 Z� 1 `f '�' �ALLAS - SAN ANTONIO 4) FUN FACTORY EVENTS shall not commence work under this Agreement until it has obtained all the insurance required under this Agreement and the City has approved such insurance. FUN FACT�RY EVENTS shall be responsible for delivering to the City the FUN FACTORY EVENTS's certificate of insurance for approvai. FUN FACtORY EVENTS shall indicate on the certificate of insurance whether or not its insurance covers subcontractors. The insurance coverage required herein shall include the coverage of all subcontractors, or such subcontractors shall provide to FUN FACTORY EVENTS documentation af insurance reasonably equivalent to that required of the FUN FACTORY EVENTS, according to the liability exposures related to the subcontractors services and/or materials. A. Commercial General Llability Insurance: The FUN FACTORY EVENTS shall procure and maintain during the life of this contract and any extension period, a commercial general liability insurance policy in the amount not less than $1,000,000 covering each occurrence. B. Worker's Compensation Insurance: The FUN FACTORY EVENTS shall maintain, duNng the Iffe of this contract and any extension period, statutory Workers Compensation Insurance on all of its employees engaged in work under this contract. The insurance speciiied shall comply with the following requirements: a. The City of Fort Worth, its Officers, Employees and Volunteers shall be named as an Additional Insured. b. Forty-five (45) day notice of cancellation or non-renewal. c. Wavier of rights of recovery (subrogation) in favor of the City of Fort Worth. d. The insurers for all poficies must be licensed/approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. I# the rating is below that required, written approval of Risk Management is required. e. If insurance poticies are not written for specified coverage limits, an Umbrella or Excess Liability InsuranCe for any differences is required. Excess Liability shall follow form of the primary coverage. f. Untess otherwise stated, all required insurance shall be written on the "occurrence basis", g. The deductible or self-insured retention (SIR) affecting required insur�nce coverage shall be acceptable to and approved in writing by the Risk Manager of the City of Fort Worth in regards to asset value and stoakholders' equity. In lieu of traditional insurance, aftern�tive coverage maintained through insurance pools or risk retention groups, musti also approved by the City's Risk Manager. The City, at its sole discretion, reserves the rigMt to review the insurance requirernents and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision, or the claims history of the industry as well as of the FUN FACTORY EVENTS td the City of ForE Worth. The City shall be required to pravide prior notice of ninety (days). 5) FUId FACTORY EVEN7S shall indemnify and hold harmless City, its afficers, partners, affiliates, directors, employees, agents, contractors or licensees from and against all claims, losses, damage, liabilities and expenses, including reasonable attorney's fees, arising out or occasioned by the gross negligence or willful misConduct of FUN F�CTORY �VE�VTS, its offi�ers, empfo�ees, agents, con�ractors or IicenseRs in connection with �his Event. /SH Page 2 of 7 � INI71ALc� DAT� �t'f �J� U �! �::�vli';�C' � �''1 'l � ,;r�,:;-[ ,� . ��c`_•UrL�_ :'` �� ' I�n, pl� ;�� '� � �� % �"t ��,�� ,, �� .l �� 1 `�� ALLAS - SAN ANTONIO 6) Performance. Neither party shall be liable for any obligation of performance, injury, dam�ge, delays, cancellations, expenses, accidents, inconvenience, or irregularity under this Contract that results directly or indirectly from, a Force Majeure Event. However, regardless of any contrary provisions contained in this section or elsewhere in th➢s agreement, in the event it becomes iliegal or impossible for City to completely pertorm this agreement due to events beyond a party's reasonable control such as (a) nationwide strikes, (b) nationwide labor disputes, (c) acts, �egulations or orders of governmental authorities, (d) civil disorders, (e) disasters, (� acts of war, (g) acts of terrorism, (h) acts of God, (i) fires, Q) floods, or (k) any other similar emergency conditions, then City shall have the option, in City's sole discretion, to terminate this Agreement without additional liability of any kind, by giving a written notice of emergency termination to FUN FACTORY EVENTS ("City Emergency Termination"). In the event of a City Emergency Termination, City shall be entitled to receive back from FUN FACTORY EV�NTS, and FUN FACTORY EVENTS shall return to City, any Deposit previously paid by City to FUN �AC70RY EVENTS, less all of the following amounts which FUN FAC70RY EVENTS shall be entitled to retain: (1) any non-refundable and other out-of-pocket costs FUN FACTORY EVENTS is obligated to pay to FUN FACTORY EVENTS vendors and suppliers, and any costs for which FUN FACTORY EVEPITS has otherwise incurred an obligation to pay, as of the time of the City Emergency Termination; and (2) any reasonable labor costs FUN FACTORY �VENTS is obligated to pay, or for which City has otherwise incurred an obligation to pay, as of the time of the City Emergency Termination, so long as such labor costs are supported by re�sonable documentation. 7) Cancellation. Should City cancel all or any part of the Event services to be rendered by FUN FAC70RY EVENT5, City agrees to immediately notify FUN FACTORY EV�NTS in writing of such cancellation. In such event, City agrees to pay FUN FACTORY EVENTS all actual direct costs expended or incurred by FUN FACTORY EVENTS and all charges paid by FUN FACTORY EVENT3 to or due to vendors and suppliers, together with a cancellation fee as follows.: 1-30 DAYS PRIOR TO PROGRAM DATE ............................................................100% af contracted amount 31-60 DAYS PRIOR 70 PROGRAM DATE ............................................................50% of contracted amount 61-90 DAYS PRIOR TO PROGRAAA DATE ............................................................20% of contracted amount 91 DAYS OR MORE PRIOR TO PROGRAM DATE ...................................................No cancellation penalty 8) Decor, Rentals, Staqinq, Centerpieces: All items used for decor, staging, etc. remain the property of (FUN FACTORY EVENTS) unless provided by City or otherwise noted on exhibit. Should items be lost, stolen or destroyed, while under the control of the City , City of Ft Worth is responsibte for repl�cement cost. City is responsible for all venue required union labor charges that are assessed in the production of this event. 9) Guarantees Of Tours/Caterinq, Show Tickets & Off Premise Venues 7hat Require Counts: City will be charged for guaranteed or actual number whichever is greater. Increases to guarantees are due at least one week p�ior to function date. 10) Oyertime, Reuse: Any time above contracted time is at a rate of one and one-half the hourly rate. Overtime billed in hourly increments. If individual's working day consists of nine (9) hours a day, then they are entitled to a one-hour lunch. /SH � �' Page 3 of 7 INITIAL� DATE�1 �.� ' �� L�i� ��`?'°Cl �t��--r L��tL� ��I \�� ALLAS - SAN ANTONIO 11) License. City hereby grants to FUN FACTORY EVENTS the non-exclusive royalty free right and license to use City name and logo(s) solely in connection with producing materials for the Event, including slides, videos, speaker support, brochures, signage, banners and other printed materiai. All uses of City name and logo shall be subject to the prior approval of City. City represents and warrants that any and all logos, siogans, ideas, songs, pictures, graphs, audio, �ecording, videps or materials of similar nature which City, or a party requested by City (other than partner's name or arty of its vendors or suppliers), provides to FUN FACTORY EVENTS under this Contract are owned by City, or that City has the right to use, and to grant FUN FACTORY EVENTS the rights to use such materials. Any cost associated with obtaining the rights to use such materials a�e borne by the City unless specified in writing by the City to FUN FACTORY EVENTS, mutually agreed to, and signed by both parties. Except for material independently created or invented by any entertainers (i.e. speakers, comedians, singers, dancers), FUN �ACTORY EVENTS represents and warrants that any and all slogans, ideas, songs, pictures, graphs, audio, recordings, videos or material5 of similar nature which FUN FACTORY EVENTS and/or its vendors and suppliers utilize to provide the Event services are licensed for use by FUN FACTORY EVENTS, and grants to City the right to use such materials. Again, all licensing cost associated with FUN FAC'FORY EVENTS obtaining the rights to secure third party approval to utilize such materials to provide Event services for the City are borne by the City unless specified in writing by FUN FACTORY EVENTS to the City, provided however, that the same must be approved by City in advance and in writing. 12) Compiete Understandinst. All preliminary understandings and negotiations, both written and oral, have been merged in this Contract, which is the entire contract between the parties. No representation, inducement or promise has been made by either party, or is relied on by the other, unless set out herein. This Conteact may be altered or changed only in writing by both parties. 13) Miscellaneous Provisions. Notices. Any and all notices, designations, consents or other communications required under this Contract shall be in writing and shall be considered as property given when delivered personally, by courier, by the United States mail, first-class postage pre-paid, or by facsimile to: (FUN FACTORY EVENTS) Address: 3710 S. Shiloh City/State/Zip: Garland, TX 75041 Attention: Jason Sims Telephone: 972-271-7444 Fa�simile: 972-271 �7888 /SH Page 4 of 7 i � _ ' ._ . i : f[' G�`':. � .I..� i ��': � '1;'5 V �J =�l J � � ^ �^ �� c �, ��;?;�� INITIA�� DATE__G��:i; � •;; �,�U� ��n� �l � �� 1: �tu � �� ., � ' � � ,� � .i: �` c,� �: � � � ;' � � � �!��.! �� + _ �,�' �a � � � `�t� �� i �� ,,�� f� ; ��f� I �� _ �� .�� C/tV Nam�: City of Fort W�rth A�idre��: 1800 Univ�r�ity �te 10S City/�t�te/�ip: �t. W��tt�, iX 7�107 Attenti�n: Mary �cNirr��fl�r ��leph�r�e: �17'-Si1-6203 �ac�irnil�: �17��71 ��2b7 14�) �indir�_ �ffect. �ubject t� th� pr�vi�ian� of this �ontract governin� ��igr�n��nt, tf�is �o�rteact �hatl be binding uporr and inure t� the benefit �f fhe �u��r� �nei �ssig�r�s of the partie� heret�. 1�) Severance. If any term, covenant, c�nditi�rn a� �ravi�i�r� of thi� ��ntract oe the application ther��f t� �ny �r�r�an, �r circ�arn�t�nc� �h�li t� any �xfi�nt b� invalid �r uhenfarc�able, th� rern�ir�der �f thi� �ontract or ��lic�ti�� f �u�h terni �r qrovi�ion to any pe�on ae circum�tance �ther th�r� tH�� as t� whicH it is h�ld invalid or un�ni�rc�abl� �hall not be affected �h�reby, �nci each terrr�, c�v�nant, cc,nditi�n �r provi�ion of thi� Co�trac� �h�lf be valid and �hall be �hforc�d to th� fullest �xt�nt by law. 16) Auth�ritv. �ach �f the p�rtie� h�rel�y repre��nt� and warr�nt� t� the other party tN�t it h�� th� right9 p�wer ar�d le�al author�ity to enter int� and fully pertarrrn this Contr�ct in acc�rci�nc� witFi its terms and that this ��nir�6t wh�nn �xecuied and deliv�r�ci by the p�rties will �e a I�g��l, valid and binding �k�ligati�n �nf�rceat�le �gainst the pa�ti�� ih accord�nce with its terms. 1i) �averninc� Law. This ��ntr�ct sh�ll be iht�rpretecl unci@r, arjd ir� accordance with, fh� law �f the St�te �f Texas. 1�) V�nue ahd Juri�dictior�. I� �rjy �ction, whether real �r a��erteci, at law �r in �quity, arises �n the ba�is of any pr�visi�n of this Agreement, venu� fop such �ction shall li� ir� �tat� court� locate� in iarrrant County, iexas or the lJniteci States �i�trict ��ur# f�r the Northern �i�trict of iex�s � Fdr� YVo�th �ivisi�n. This Agreement �hall b� canstru�cl in a�cordar�ce with th� I�w� af the Stat� of �'exas. � A�R�� t� an� a��e� d�thi� c� � day ofi �, ��. �y: �f: City of Fort Worth a�� y: C1� ,�-v�.�„�.�s 9 �UN � CiORY �V�NiS R�pres��t�tiv� /1� � _ _ �U�� itle: Assistant City Manager f�a�� 5 �f � K�e�.6L`.��"�� /�a� �� `.�� ,��V� L�G�LITY: . � � , =� e._.-�oYe-..a.��-,�,r.,L. � �,;;��T�t�1T �lT�( AT Of�N�Y INI�IA�.�� ,� ::. � y �� _� AVh1X�r - "a �__r �-.-,..—z.�,_�_—_z.._-s�a,... �_�.�.`.�..�._�. N �:-: � 1: S � :� ��) ` �,1 � � �/ ��,��1 � �� >> ;, � ; v��:�'r� ��c�.� p �a �.7 � �`�� C." f_�� 't� r ��:�1 �� `1 �� ALLAS - SAN ANTONIO In order to guarantee the prices quoted, FUN FACTORY EVENTS must receiv� a signed copy of this Contract on or before October 3, 2007 /SH a� ' Page 6 of 7 INITIA �_ � �> DATE �� } �� .;'_��; �� ALLAS - SAN ANTONIO EXHIBIT A PREPARED FOR: City pf Fort Worth CONTACT: Mary Schimmoller Event: Fit Future Kids Fest Date: November 3, 2007 Time:12:30-4:30 PM Place: Will Rogers FUN FACTORY EVEN7S Rep: Jason Sims FUN FACTORY EVENTS wili provide the following services: �'� �L � ��` v �' � u H +4' �1 , ��'r N�4 Exhiqition Elements per proposal $ 2,058.75 All booths and tradeshow elements to be in place on or before 4:30 pm Friday, November 2, 2007 For services rendered City of Fort Worth agrees to the foilowing payment schedule: 50°/a peposit ($1,029.37) due with signed contract remaining balance due upon satisfactory completion of Qvent. The amount quoted herein reflects a 5% cash or company check discount. If a City of Fort Worth elects to pay by any other method, the discount is rescinded. /SH Page 7 of 7 � � INI?'IAL� DATE �I `t ��