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HomeMy WebLinkAboutContract 37701FROM : Grupo Paka1 FAX NO. :3179205933 Sep. 26 20138 04' 41PH P2 Gar j, PACT NO a 1% l MV rZODIUMML OERVII&CS CUN I AST THIS CONTRACT is entered into by and between the City of Fork Woeth, I VAUS, home -rule municipality situated in Tarrant, Denton and Wise Counties, 'Texas, hereinafter called "City," acting herein by and through Joe Paniagua, its duly authorized Assistant City Manager, and Grupo Pa kal, a professional musical performance grnup acting thmuUh Nancy Wriolrit, its duly authori.- ed agent, hereinafter called "Performer". This GC�NTFZAC�` is for the professional musical F►er�ormance sarvices of r�ru�+� Pakal, and in consideration of the mutual promises contained in this Agreoment, the parties agree as follows_ Id IIIII I III IN I`'erfarmer agrees #o provide such professional musical services and pertara�,aric to the City at its Hispanic Heritage Celebration (hereinafter "Event") on Thursday, October 2, 2008 at City Hall located at 1000 Throckmorton, Fart Werth, Texas 76102. The time for such performance shall be between the hours of 12:00 p.m. and 2p.m. 2. �'ERFQRN9ER'S RESPC�NSIBII'�IT'IES 1. Performer agrees #o arrive at Event na later than 11.00 a.m. fc�r the say: up of equipment and sound check and to stay untl the IAerformance end time. 2. I'�rformer agrees to follow the presentation ou+cline which shall be deliveared tp Performer by the City r~o later than five (5) b�isiness days prior to the Event and which shall be incorporated into this ContrEict as if fully set forth herein. 3. CITY'$ RESPC,�NSIEILI'flfsS 1. City shall designate a representative to coordinate details of the perfor��7arycG and event with the Performer. 2. City shall provide the sound equipment which shalt include microphones and a cxi player. OFFILlA1. RECORD CITY SECRETARY FT. WORTH, TX FROh1 :Gr�ap� Pdl<.d.l F€i'r; IJO. :8179205933 5ep.26 20G_i9 0�:42Ph1 F'-, 4. CGfutP-NSATIC�N A. As fair compensation for the services provided by I�erformer to City under this Contract, Ci#y shall pay Performer sin amount not to oxce�wd six hundred dollars and no cents (�6(lOAQ). �� deposit to secure services is oat required. The performer will be paid in th�� form of sl check on the day of the performance. �. If the went is canceled due to an unanticipatfrd event occurring on Syr near the day of the Event as determined by the i :if�rr then Performer shall not be entitled to rer;eive ci�mpensatiori. Ur1a>'lttclpi�tEld l�ventS shs;ll iYiearl i�Ut iq�a# k�e limited to severe weather events such a� h�urr7canes, tornad��es, •f#ood�, ice storms or hail, end other disasters such as fires but not including reasonably $nticipated weather conditions fo�� the geographic area of thy; City. �� �y entering into this Contract, F'erforrrier hereby giviv�$ its consent and pet�niission to City to use any photogra�rh, video ar film City I�as of Performer perf��rming such services described herein at the Event. Uses ilicludes, but is not limited to; publishing, posting on en official web site or airing on television, either neivaork or. cable or at neighborhood meetings. �. IIVt?�l��N��N`i' �C�1VTi��►C�ror� Perform�sr shall operate under this Contract as ,sn independent contractor and oat as an officer, agent, servant, or employee of Ci�ry. Performer shah hs:ve tl7e exclusive right to control the details of the work and the services perf�orrried hereunder. Gity shall have no right tc� exeraise ��ny contra! aver or tc, suE►ervise or regulate Performer in any way other than s'tat��d herein. 'the ��oot��ne of Respondeat Superior steal! not apply as between th�� par#ies, and nothing herein sh,�ll be construed as creating a partnrarship ar faint enterprise betwe�gn tf•te parties. 7. INDEMNIFICA'I'ICEN FERFORMER SHALL Y,FAS�, .�TDF�+INIFY, ItEIlVIBITRSE, DEFENDr, Al'vII� HLiLYi HARMLESS, Ci['I'Y, ITS �1FFICFYt�, AGENTS, SERVANTS Alm E1Vi�'LGYEES, FI�ONI AND AGAINST ANY AND AGL �CLA.IMS OR S'UTTS F[III PRO►F�RTY �1AM,,A►GE UR LUSS AND/rDR PERSl7�NAL iNdURY, ZNCI,iJDII�G �:�y�eai�ls�G 6���C�RD CI't� aECRETARY a FROM :Grupo Pa!<a 1 FAQ; NQ. :81792G5933 Sep.26 2�titS O4:4�F'h1 F�4 DEATH, T(J ANY' AND ALL PERSONS, ARISING ClU'I' OF THE SERYlt'.Y:S TC) BE PERFORMED HEREUNDER BY PERFORMER, ITS OFFICERS, AGI:N�'S, EMPLIIYEES, CON'TRACTOR�, SU$CONTIL�CTORS, L,ICEN$FES, OR 1N VI'1'i{;ES, IN�'LUD�NG DAll+[AGES, LOSS, IlV.J[1RY OR DEATIII, 'I'O TIg:� EXTENT CAUSED BAY' ANY ERR01t, OMLSSIOrii, DEFECT, OIt DEFICI]�NCY OF PERFORMER �T ACCORDANCE WY�'H T�[IS COl'�TRA►CT EXGEFT TO T$E EXTENT ANY SiTCH DAMAGES, LCISS, IN.1�J.'!IY OIt DEAT$ I`�� CAUSED BY ANY NEGLIGElV'Y' EII.ROR, OM[ISSI�DN, DI�FLCT C�II l[►EFYCIIE�i�Y OF '�')EiE CITY. The obligations of the Contractor under this section shall survive the eicpii°�irio>u t�f this Co�rtract end the discharge at' sit other obii�ati:o�r� owed tfy the p�;rkies to each other hereudder. �. TERM)NAtiON Thls �ontraGt may � fear rnir'ix�la� icy eiti�ar perly with ar with�su! cau�,a ►��cth ton (t0} days written notice to the other party. 9. C RRESPOND E Any written correspondence required by this Cantr�ci shelf be sent ta: I�erfdrri�er Name Address: Fax; Grupo t�sical 2633 Hertwood fir, Ft. worth, '�X 7Bif�9 (817) 9�0-v��3 Cifiy Name: A b21 G-ar1��-1-e� Address: � � 0-r��� yrx�'v�r� �'efephan�`� w U(N�� � (K �(� I �2 �i�- ��-I 5�2i Fax: Performer and City agree to notify the other panty within ten (10) days of any change$ in addresses. (JFFi�fAL RECORD CITY SECRETARY; F�: VV®RTM, TX FROP1 :Gruyo P�I<dl FAX N0. :8179205933 5eF.26 20�18 04:43PI`1 F'S 1 a. NC]N-ASSIGNAEILITY This Contract is nan�assignable, and any unauthc�ri�ed purported assii�nm+ant or delegation of any duties heareunder, without the prior written ransent cif the other party, shall be void and shall constitute a material k►re:�ch of this Contract. 1 'I . ENTII=tETI� This Contract constitutes the entire agreement by thy+ parties hereunder, and ar�y prior ar contemporaneous oral ar written agreements shall be void. 12. MC3DIFiCATIC�N Thi$ Contract may be modified by the mutual �cai�s�nt of the parties, if the madi�ication is in writing and signed by City and Pertomzer. �t 3. SEVERABILITY in oaaa any ono or morn of the provision6 ront�irn�d in #ha Contract shill fc>r any reason be held to be invalid, illegal, ar unenforceable in any respec#, suoh invalidity, illegality, or unenforcx�ability shall not affect any other provisiory caf -this Contract, and this Contract shall be cor7strued asp if such invalid, illegal, or unenforceable provisions had never been cont$ine�d herein_ �4. VENUE Thi$ Contract shall be cx�nstrued under and in a�xx�rdance with the laws taf trig State of Texas, and the venue for any litigation arising from this Contrast sl�,.all b� in Tarrant County, Texas. 15. EFFECTIVE GATE This Agrr�amr�nt h�r�mRR �ff�rtive nn the dc►te the lest �►�rty ��ign.c tlti►t Agreertlertt, IN WITNESS WHEREQF, The partial hereto havE� e,►cecuted #his Contract tin this :�.��' day of Q} _ A.D., 2008, ire l"rort Worth, Tarrant C+aunty, Texas. �FFICi�t ��CO;RD CITY SE,r✓�ETARY FT. WC�"�H, TX a � - FROM :Grupo Paka1 FAX N0. :8179205933 Sep.26 2008 04:43PM P6 ATY OF FORT I Joe F�er�j�g�J Assistant City Ma er Gets Signed: ATTEST: U Marv/ Hendrix u City Secretary APPROVED AS TO FORM AND LEGALITY: i �sistar� City Attorney %7 UFO PAKAL. AuthQrizecl ra Date Signed: WITNESS: CWnPGRATE DEALT LFTWofZTH,TX; , RECQRIJ ETARY