Loading...
HomeMy WebLinkAboutContract 37451"I_, it , L. ®A66A3 _ SAN ANTQNr® 4 CONTRACT u h SECRETARY ONTRAC*T NO. This Contract is made and entered into as of 2008, by and between, FUN FACTORY EVENTS, and - Deleted: aoo� 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, 7T�19� WHEREAS, FUN FACTORY EVENiS is engaged in the business of planning, coordihating, and executing events "Events" on behalf of the City; and WHEREAS, it is understood that the City engages and retains FUN FACTORY EVENTS, an independent Contractor, as the City consultant, coordinator or producer for the City Events as follows: EVENT: Fit Future Kids Fest LOCATION: Will Rogers DATE(S): NOW, THEREFORE, in consideration of their mutual consideration and premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, 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. �) Payment 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% will be added -to -arty 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. If City elects to pay by any other method, the discount is rescinded. 3) Insurance. 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 comply with the Workman's Compensation and the Employer's Liability laws of the State of Texas. /SH Page 1 of 6 INITIAL DATE OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ®I elated: November 3, 200i Deleted: Deleted: DAUEAS _ sAN Awr®ear" T 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 FACTORY EVENTS shall be responsible for delivering to the City the FUN FACTORY EVENTS's certificate of insurance for approval. 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 of insurance reasonably equivalent to ttrat required of the FUN- FACTORY EVENTS, according to the liability exposures related to fhe subcontractors services and/or materials. A, Commercial General Liability 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. E. Worker's Compensation Insurance: The FUN FACTORY EVENTS shall maintain, during the life of this contract and any extension period, statutory Workers Compensation Insurance on all of its employees _ engaged in work under this contracts Formatted: Font: Italic C. Automobile Liability Insurance: The FUN FACTORY EVENTS shall maintain durincl the life of this contracfi�_ - Formatted: Font: Not Italic, and any extension period, an automobile insurance policy in the amount not less than $1 000 000 for Underline each accident on combined single limit basis Coverage shall be on "any auto" including [eased ---- MooFormatted: Numbered + Level: I + hired, owned, non=owned, and borrowed vehicles. Numbering style: A, s, c, ... + start L0,25" Alignment: Left + Aligned at: The insurance specified shall comply with the following requirements: Tab after: 0.75" + Indent at: a. The City of Fort Worth, its Officers, Employees and Volunteers shall be named as an Additional ed: Font: Not Italic Insured. — bw oThirty JLQ) day notice of cancellation or non -renewal. Deleted: Forty-five c. Wavier of rights of recovery (subrogation) in favor of the City of Fort Worth, peleted: a5 d. The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for workers' compensation, all insurers must have aminimum 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. If the rating is below that required, written approval of Risk Management is required. e. If insurance- policies are not written for specified coverage Ilfttits; an Umbrella- or Excess Liability Insurance for any differences is required. Excess Liability shall follow form of the primary coverage. f. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". g. The deductible or self -insured retention (SIR) affecting required insurance coverage shall be acceptable to and approved in wrifing by the Risk -Manager of the City of fort Worth in -regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also approved by the City's Risk Manager, The City, at its sole discretion, reserves. the eight to review. the. insurance requirements 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 to the City of Fort Worth. The City shall be required to provide prior notice of ninety (days). 5) FUN FACTORY EVENTS shall indemnify and hold harmless City, its officers, 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-- FACTORY - EVENTS, its officers employees; agents, contractors- or licensees- in connection with this Event. Page 2 of 6 INITIAL JI � J DATE /vg `LI L. ©AULAS e SARI AN01rf71V!® 6) Performance. Neither }arty shall be liable far any obligation of _performance, injury, damage, 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 this agreement, in the event it becomes illegal or impossible for City to completely perform this agreement due to events beyond a parry's reasonable control such as (a) nationwide strikes, (b) nationwide labor disputes, (c) acts, regulations or orders of governmental authorities, (d) civil disorders, (e) disasters, (f) acts of war, (g) acts of terrorism, (h) acts of God, (i) fires, 0) 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 EVENTS, and FUN FACTORY EVENTS shall return to City, any Deposit previously paid -by -City to FUN FACTORY EVENTS, less all of the following amounts which -FUN- FACTORY 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 EVENTS has otherwise incurred an obligation to pay, as of the time of the City Emergency Termination; and (2) any reasonable labor costs FUN FACTORY EVENTS 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 )ay reasonable documentation. 7) Cancellation. Should City cancel all or any part of the Event services to be rendered by FUN FACTORY EVENTS, City agrees to immediately notify FUN FACTORY EVENTS 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 EVENTS to or due to vendors and suppliers, together with a cancellation fee as follows.: 1�30 DAYS PRIOR TO PROGRAM DATE............................................................100% of contracted amount 31 60 DAYS PRIOR TO PROGRAM DAT€.................Too .............. off ........................60% of contracted amount 61,,90 DAYS PRIOR TO PROGRAM DATE .............................._..__.........._ _..._....__20% of contracted amount 91 DAYS OR MORE PRIOR TO PROGRAM DATE........... ma ME% cancellation penalty S) Decor, Rentals, Staging, 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 responsible -for replacement cost. City is responsible for all venue required union labor charges that are assessed in the production of this event. 9) Guarantees Of Tours/Catarina, Show Tickets & Off Premise Venues That Require Counts: City will_ be charged �e time ed. for guaranteed or actual number whichever is greater. _Increases to guarantees are due at least one week prior to function date. 10) Overtime, Reuse: Any time above contracted time is at a rate of one and one=half the hourly rate. Overtime billed in hourly increments. It individual's working day consists of nine (9) hours a day, then they are entitled to a onet,hour lunch. 1 4 /SH Q� 1 Page 3 of 6 INITIAL DATE a� BALLAS - BAN AN`P{�NI® a 1 t) Uicense. City,hereby grants to FUN FACTORY EVENTS the non-exclusive royalty free right and license to use City name and by solely in connection with producing materials for the Event, including slides, videos, speaker support, brochures, signage, banners and other printed material. All uses of City name_ and logo shall be subject to the prior approval of City. City represents an%d warrants that any and all logos, slogans, ideas, songs, pictures, graphs, audio, recording, videos or materials of similar nature which City, or a party requested by City (other than partner's name or any 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 are 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), FUIT FACTORY EVENTS represents and warrants that -any and -aft slogans, ideas, so rgs, pictures, graphs, audio, recordings, videos or materials 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 FACTORY 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) ComDlete Understandine�. 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 isrelied on by the other, unless -set out herein. Tbis-Contract 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 properly given when delivered personally, by courier, by the United States mail, first-class postage pre -paid, or by facsimile to: (t'UN I�ACTOR'Y t=VENTSi Address: 3710 S. Shiloh City/State/Zip: Garland, TX 76041 Attention: Jason Sims Telephone: 972-271=7444 Facsimile: 972-2714888 /Slt o� Page 4 of 6 INITIAL DATE Deleted: ¶ 9 9 Deleted: Deleted: ®ALA /Aks e SAN I4NTAN10 5 r�V � L' N�� Name: City of Fort Worth Address: 1800 University Ste 108 City/State/Zip: Ft. Worth, TX 76107 Attention: €[San €ttthi%tentteF_ Cr — Deleted: Mary Schimmoller Telephone: (Deleted:62os Facsimile: Deleted: aFax» Formatted: Not Highlight_ J! 14) Binding Effect. Subject to the provisions of this Contract governing assignment, this Contract shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 1b) Severance. If any term, covenant, condition or provision of this Contract or the application thereof to any person, or circumstance shall to any extent be invalid or unenforceable, the remainder of this Contract or application of such term or provision to any person or circumstance other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term, covenant, condition or provision of this Contract shall be valid and shall be enforced to the fullest extent by law. 16) Authori Each of the parties hereby represents and warrants to the other party that it has the right, power and legal authority to enter into and fully perform this Contract in accordance with its terms and that this Contract when executed and delivered by. the parties will be a legal, valid and binding obligation enforceable against the parties in accordance with its terms. 17) Governing Law. This Contract shall be interpreted under, and in accordance with, the law of the State of Texas. 18) Venue and Jurisdiction. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue foe such action shall He in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas a Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. AGREED to nd acc to is ih day of �. ,ly: , Title: Deleted: ¶ ---- — APPROVED AS TO - jof: o JPD GA L tT Y! -Deleted And zooe Ely: IT No TA TY AT� TQRNEY FUNWACTORY EVENTS Representative Deleted: ¶ In order to guarantee the prices quoted, FUN FACTORY EVENTS must receive a signed copy of this C ntracon or Deleted: October before,Septemher 3,.2008. 1 � � 1 � 0� _ (Deleted: 2oD7 I /Shi ---- --- Page 5 of 6 INITIAL DATE Marty Hendrix; OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Lail i _� tLI EU LLAS - SAN ANTONIC� EXHIBIT A PREPARED FOR: City of Fort Worth CONTACT: usanihittenbcr�cr Event: Fit Future Kids Fast Date: October 1 �, ?OIiO Time:12:304:30 PM Place: Will Rogers FUN FACTORY EVENTS Rep: Jason Sims FUN FACTORY EVENTS will provide the following services: Exhibition Elements per proposal � 3_�72.�0 All booths and tradeshow elements to be in place on or before 4:30 pm Friday, October 10, 2000, For services rendered City of Fort Worth agrees to the following payment schedule: 50% Deposit (� 1,63" 6.25) due with signed contract remaining balance due upon satisfactory cgmplation of event. The amount quoted herein reflects a �% cash or company check discount. If City of For% Worth sleets to pay by any other method, the discount is rescinded. /SH Page 6 of 6 INITIAL DATER 1. Deleted: ¶ 9 4 9 9 4 9 4 9 9 4 4 4 9 4 9 4 4 9 4 n 4 9 4 9 4 9 9 9 9 4 9 4 9 9 9 Deleted: MarySchimmoller Deleted: November 3, 2007 Deleted: 2,058.75 Deleted: November 2, 2007 Deleted: 029,37