HomeMy WebLinkAboutContract 37702Y SECRETARY'
JON FRAC;T NO a
PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT is entered into by and between the City of Fort Worth, Texas,
a 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 Rio Bravo, a professional musical
performance group acting through Miguel Rangel, its duly authorized agent,
hereinafter called "Performer".
This CONTRACT is for the professional musical performance services of Rio
Bravo, and in consideration of the mutual promises contained in this Agreement,
the parties agree as follows:
1.
TIME AND PLACE OF PERFORMANCE
Performer agrees to provide such professional musical services and performance
to the City at its Hispanic Heritage Celebration (hereinafter "Event") on Thursday,
October 2, 2008 at City Hall located at 1000 Throckmorton, Fort Worth, Texas
76102. The time for such performance shall be between the hours of 11:30 a.m.
and 2p.m.
2.
PERFORMER'S RESPONSIBILITIES
A. Performer agrees to arrive at Event no later than 9:00 a.m. for the set up
of equipment and sound check and to stay until the performance end time.
B. Performer agrees to follow the presentation outline which shall be
delivered to Performer by the City no later than five (5) business days prior
to the Event and which shall be incorporated into this Contract as if fully
set forth herein.
C. Performer shall provide its own sound equipment.
3.
CITY'S RESPONSIBILITIES
City shall designate a representative to coordinate details of the performance
and event with the Performer.
Of��Yt.►i�cL ���URD
CITY SECRETARY
FT. WORTH, TX
4.
COMPENSATION
A. As fair compensation for the services provided by Performer to City under
this Contract, City shall pay Performer an amount not to exceed four
hundred dollars and no cents ($400.00). A deposit to secure services is
not required. The performer will be paid in the form of a check on the day
of the performance.
B. If the Event is canceled due to an unanticipated event occurring on or near
the day of the Event as determined by the City Performer shall not be
entitled to receive the balance of the compensation. Unanticipated Events
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.
5.
PERMISSION TO USE PHOTOGRAPHS &VIDEOS OR FILMS
By entering into this Contract, Performer hereby gives its consent and permission
to City to use any photograph, video or film City has of Performer performing
such services described herein at the Event. Use includes, but is not limited to:
publishing, posting on an official web site or airing on television, either network or
cable or at neighborhood meetings.
6.
INDEPENDENT CONTRACTOR
Performer shall operate under this Contract as an independent contractor and
not as an officer, agent, servant, or employee of City. Performer 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 Performer 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.
7.
INDEMNIFICATION
PERFORMER SHALL RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND
HOLD HARMLESS, CITY, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR
OFri(701,41_ RECORD
FT. !NORTH, TX
PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF THE SERVICES TO
BE PERFORMED HEREUNDER BY PERFORMER, ITS OFFICERS, AGENTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR
INVITEES, INCLUDING DAMAGES, LOSS, INJURY OR DEATH, TO THE
EXTENT CAUSED BY ANY ERROR, OMISSION, DEFECT, OR DEFICIENCY
OF PERFORMER IN ACCORDANCE WITH THIS CONTRACT EXCEPT TO
THE EXTENT ANY SUCH DAMAGES, LOSS, INJURY OR DEATH IS CAUSED
BY ANY NEGLIGENT ERROR, OMISSION, DEFECT OR DEFICIENCY OF
THE CITY.
The obligations of the Contractor under this section shall survive the expiration of
this Contract and the discharge of all other obligations owed by the parties to each
other hereunder.
8.
TERMINATION
This Contract may be terminated by either party with or without cause with thirty
(30) days written notice to the other party.
9.
CORRESPONDENC
Any written correspondence required by this Contract shall be sent to:
Performer
Name Miguel Range, — Rio Bravo
Address:4224 Evans Ave, Ft. Worth Tx, 76110
Telephone: (817) 924-5260
Fax:
City
Address
Telephone+ W C Y iq X �
SIT-158Z1
Fax:
Performer and City agree to notify the other party within ten (10) days of any
changes in addresses. ,_-�___--
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�T WCRlf'i-i, TX
10.
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.
11.
ENTIRETY
This Contract constitutes the entire agreement by the parties hereunder, and any
prior or contemporaneous oral or written agreements shall be void.
12.
MODIFICATION
This Contract may be modified by the mutual consent of the parties, if the
modification is in writing and signed by City and Performer.
13.
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.
14.
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.
15.
EFFECTIVE DATE
This Agreement becomes effective on the date the last party signs this
Agreement.
OFFiCtAIL RECORD
FOr* WOR 4H; TX
IN WITNESS WHE EOF The parties hereto have executed this Contract on this
(:w� day of Se , A.D., 2008, in Fort Worth, Tarrant County,
Texas.
CITY OF FORT WORTH
Joe Pania ua U
Assistant City Mana erg
Date Signed: lDt
ATTEST:
Marty Hendrix
City Secretary
APPROVED AS TO FORM
AND LEGALITY:
Assistan
ty Httorney
iV® P►�&rC It 4i�UII��D
RIO BRAVO
uthorized Agent
�ate • -• • �
WITNESS:
CORPORATE SEAL:
c��iciA�. REcoRo
�'�TY �EGRETARY
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