The URL can be used to link to this page

Home My WebLink AboutContract 35856 Ci T Y SECRETARY '�NTRACT 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 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 Contract shall begin the date both parties have executed this Contract and shall terminate September 218, 2007. 2. BFFW'S OBLIGATIONS 1. BFFW agrees to perform at the City of Fort Worth's Hispanic Heritage Employee Celebration on Thursday, September 27, 2007 (hereinafter the "Event"). 2. BFFW agrees to arrive at Event no later than 10:00 a.m. 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 10:00 a.m., BFFW agrees to contact Linda Arriaga at 817-689-2946 as soon as BFFW is aware of such delay. If BFFW arrives more than thirty (30) minutes later than 10:00 a.m. 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 Contract 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 no later than September 17, 2007. 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 17, 2007. 7 S 3. CITY'S OBLIGATIONS 1. City agrees to designate a representative to coordinate all services to be performed pursuant to this Contract. 2. 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 27, 2007 to City under this Contract, City shall pay BFFW $200 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 Contract, 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. 2 7. INDEPENDENT CONTRACTOR BFFW shall operate under this Contract 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 Contract may be terminated by the City without cause with thirty (30) days written notice to BFFW. This Contract 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 Contract shall be sent to.- BFFW Name: C-\ Address: 3c�G 1-�•�h�a.w�—C'�t�. Fort Worth, TX 76102 Telephone: Fax: I 3 City Name: Linda Arriaga Address: 1000 Throckmorton Fort Worth, Texas 76102 Telephone (817) 392-8437 Fax (817)392-7529: BFFW and City agree to notify the other party of any changes in addresses. 11. 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. 12. ENTIRETY This Contract and attachment "Exhibit A" incorporated herein by reference constitute the entire Contract by the parties hereunder, and any prior or contemporaneous oral or written Contracts shall be void. 13. MODIFICATION This Contract 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 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. 4 15. VENUE This Contract shall be construed under and in accordance with the laws of the State of Texas, and the venue for any litigation arising from this Contract shall be in Tarrant County, Texas. 16. EFFECTIVE DATE This Contract becomes effective on the date the last party signs this Contract. "BFFW" "CITY" _ zs Date 9LZc) Date _ BY:Cs ,��-T,e» .�s-c��cti Joe P t�i Ua Assist nt Zity Manager WITNESS: ATTEST.- By Marty�Hend City Secretary APPROVED AS TO FORM AND LEGALITY Christa L pez Assistant City Attorney NO M&C Required r�h ✓''�'��Jlat1� v`��VV'"�i� 5