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HomeMy WebLinkAboutContract 54696 CSC No.54696 PERFORMANCE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND TEXAS CHRISTIAN UNIVERSITY CENTER FOR TEXAS STUDIES TO PROVIDE COMMUNITY HISTORY WORKSHOP SERIES FOR THE FORT WORTH PUBLIC LIBRARY This PERFORMANCE AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH, a home-rule municipality ("City'), acting by and through its duly authorized Assistant City Manager, and TEXAS CHRISTIAN UNIVERSITY on behalf of the TEXAS CHRISTIAN UNIVERSITY CENTER FOR TEXAS STUDIES ("Vendor"), acting by and through LeAnna Schooley, its duly authorized Executive Director, each individually referred to as a "Party' and collectively referred to as the "Parties." WHEREAS,the City desires to offer programs at the Fort Worth Public Library("Library') that promote the strategic goals of"Arts & Culture" along with "Education& Growth"; and WHEREAS, the City desires to provide lectures that are educational in nature, fulfilling a need for programs for people who enjoy learning, and opportunities for networking among others with similar interests;and WHEREAS,the City wishes to contract with the Vendor to provide for such services. NOW,THEREFORE, the City and the Vendor for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: I. TIMELINE OF PERFORMANCE 1. The Vendor agrees to provide presentations by both professional and local historians,museum curators,archivists,journalists,preservationists,and/or others who strive to document Texas heritage ("Presenters"). Presenters will provide and lead multiple 90 minute history workshops ("Performance's to the City.The Performance shall occur at the times,locations,and dates specified in Attachment A ("Performance Dates', unless changed in accordance with this Agreement. Additional times and locations may be added by written mutual agreement of the Parties and any such additional performance shall be subject to the terms and conditions of this Agreement as though the performance was included on Attachment A at the time of execution. 2. Notwithstanding anything else herein to the contrary, in the event that an in-person performance is deemed unsafe by City in its sole discretion due to an epidemic or pandemic, the Performance shall be made available through a virtual session at the same date and time as listed in Attachment A. In the event that the Performance is required to be virtual,Vendor shall use the City's virtual platform to provide the Performance. Vendor shall provide or ensure Presenters have computer and internet access. Except as specifically included herein, no other provisions of this Agreement shall be changed due to the Performance being required to be performed by virtual means. 3. If the Vendor cannot support a Performance as specified in Attachment A then the City may terminate this Agreement without penalty. The City shall have sole discretion to determine any rescheduled Performance date. OFFICIAL RECORD Performance Agreement CITY SECRETARY CFW/TCU Center for Texas Studies Page 1 of 12 FT.WORTH, TX II. COMPENSATION 1. Vendor shall provide presentations by both professional and local historians, museum curators,archivists,journalists,preservationists,and/or others who strive to document Texas heritage ("Presenters") at no charge to City("Performance's. City shall not be required to pay any cost,fee,or charge of any nature for the Performance. 2. The City represents that for and in consideration of its obligations under this Agreement that the Vendor is providing a unique and important experience free of charge for the citizens of Fort Worth to promote education and growth. The Vendor represents that for and in consideration of its obligations under this Agreement, the City is providing a space for such presentation to occur in an effort to provide an opportunity for its citizens to experience the arts free of charge at an accessible location. Both Parties agree as a condition precedent of this Agreement that both Parties have exchanged good and valuable consideration. III. PERFORMER'S OBLIGATIONS 1. Vendor agrees to provide presentations by both professional and local historians, museum curators,archivists,journalists,preservationists,and/or others who strive to document Texas heritage ("Presenters").Presenters will lead multiple 90 minute history workshops to the City("Performance's. 2. In the event that the Performance is provided by virtual means,Vendor agrees that Presenters will use the City's licensed webinar solution and that the Vendor shall ensure that each Presenter has a computer, Internet access, and any software needed to remotely join and deliver the Performance utilizing the City's online webinar environment. 3. Vendor agrees to allow the recording of the Performance unless the Vendor makes a request to the City's designated representative stating otherwise prior to the Performance Date. Vendor may request that the City not record the Performance in the event that the Presenter is presenting material that has not been published by the Performance Date and the material is being a provided as a preview for future work. IV. CITY'S OBLIGATIONS 1. City agrees to designate a representative to coordinate all services to be performed pursuant to this Agreement. 2. City shall provide a clean,climate controlled,well-lighted venue for the Performance including a podium with a microphone. In the event that the Performance is provided by virtual means, City will provide the necessary access and licenses to host the Performance online.City will provide log-in information to the Vendor prior to each Performance date. V. Performance Agreement CFW/TCU Center for Texas Studies Page 2 of 12 DUTY TO PERFORM/FORCE MAJEURE The City reserves the right to cancel the Event due to acts of Force Majeure on or near the Performance date. Acts of Force Majeure shall include,without limitation,severe weather events such as hurricanes, tornadoes, floods, ice storms, or hail, and disasters such as fires, acts of public enemy, acts of superior governmental authority, epidemics, pandemics, riots, rebellion, sabotage, or any similar circumstances not within the reasonable control of either party.Neither City nor Vendor shall be deemed in breach of this Agreement if it is prevented from performance by Force Majeure. VI. PERMISSION TO USE PHOTOGRAPHS &VIDEOS OR FILMS By entering into this Agreement, the Vendor hereby gives its consent and permission to City to use and record the Performance provided by the Vendor and Vendor's Presenters. Use includes, but is not limited to,publishing,posting on an official web site,social media outlets or putting on television, either network or cable or at neighborhood meetings.Vendor shall require all of its subcontractors to agree in their subcontracts to allow City to use the Performance as included above. VII. INDEPENDENT CONTRACTOR The Vendor shall operate under this Agreement as an independent contractor and not as an officer, agent, servant,or employee of City.The Vendor shall have the exclusive right to control the details of the work, its Presenters, subcontractors, and the services performed hereunder. City shall have no right to exercise any control over or to supervise or regulate the Vendor 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. VIII. TERMINATION 1. This Agreement may be terminated by the City without cause with fourteen (14) days written notice to the Vendor. This Agreement may also be terminated at any time by the City for cause and upon notice to the Vendor.Vendor may terminate this Agreement with thirty(30) days written notice. 2. If the City terminates this Agreement pursuant to section one of VIII for any reason,City shall not owe any compensation to the Vendor. IX. LIABILITY/INDEMNIFICATION 1. LIABILITY. THE VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH,TO ANY AND ALL PERSONS,OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE ACT(S), ERRORS, OR OMISSION(S),MALFEASANCE OR INTENTIONAL MISCONDUCT OF THE VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. Performance Agreement CFW/TCU Center for Texas Studies Page 3 of 12 2. GENERAL INDEMNIFICATION. VENDOR COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY,HOLD HARMLESS,AND DEFEND,AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS,ACTIONS,CAUSES OF ACTION,LIENS,LOSSES,EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES,AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS,OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM ANY ACTS, ERRORS, OR OMMISSIONS OF VENDOR AND/OR VENDOR'S SUBCONTRACTORS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT. THIS SHALL ALSO INCLUDE ANY CLAIMS BY ANY SUBCONTRACTORS BROUGHT AGAINST CITY FOR ANY USE OF PHOTOGRAPHS,VIDEOS, OR RECORDINGS OF THE PERFORMANCE AND SHALL ALSO INCLUDE ANY CLAIMS AGAINST CITY BY A SUBCONTRACTOR FOR ANY CLAIM RELATED TO OR IN CONNECTION WITH THIS AGREEMENT, EXCEPT THAT THIS SHALL NOT INCLUDE ACTIONS CAUSED BY THE CITY'S OWN NEGLIGENCE OR WILLFUL CONDUCT. 3. Intellectual Property. The Vendor agrees to assume full responsibility for complying with all State and Federal Intellectual Property Laws and any other regulations,including, but not limited to, the assumption of any and all responsibilities for paying royalties that are due for the use of other third-parry copyrighted works by Vendor. City expressly assumes no obligations, implied or otherwise, regarding payment or collection of any such fees or financial obligations. City specifically does not authorize, permit, or condone the reproduction or use of copyrighted materials by Vendor without the appropriate licenses or permission being secured by Vendor in advance. IT IS FURTHER AGREED THAT VENDOR SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF VENDOR'S USE OF ANY COPYRIGHTED MATERIAL BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. City expressly assumes no obligation to review or obtain appropriate licensing and all such licensing shall be the exclusive obligation of the Vendor. 4. IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST THE CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THEVENDOR, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR Performance Agreement CFW/TCU Center for Texas Studies Page 4 of 12 PROCEEDING, AT THE VENDOR'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. 5. IT IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS NOW OR HEREAFTER IN EFFECT AND AFFECTING THE VALIDITY OR ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATION UNDER THIS SECTION, SUCH LEGAL LIMITATIONS ARE MADE A PART OF THE INDEMNIFICATION OBLIGATION AND SHALL OPERATE TO AMEND THE INDEMNIFICATION OBLIGATION TO THE MINIMUM EXTENT NECESSARY TO BRING THE PROVISION INTO CONFORMITY WITH THE REQUIREMENTS OF SUCH LIMITATIONS, AND AS SO MODIFIED, THE INDEMNIFICATION OBLIGATION SHALL CONTINUE IN FULL FORCE AND EFFECT. 6. Vendor agrees to and shall release City from any and all liability for injury, death, damage, or loss to persons or property sustained or caused by Vendor in connection with or incidental to performance under this Agreement. 7. Vendor shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. 8. All indemnification provisions of this Agreement shall survive the termination or expiration of this Agreement. X. CORRESPONDENCE All notices required or permitted under this Agreement shall be conclusively determined to have been delivered when (i) hand-delivered to the other Party, or its authorized agent, employee, servant, or representative, or (ii) received by the other Party or its authorized agent, employee, servant, or representative by reliable overnight courier or United States Mail, postage prepaid, return receipt requested, at the address stated below or to such other address as one Party may from time to time notify the other in writing. CITY VENDOR City of Fort Worth TCU Center for Texas Studies Library Director Executive Director 500 W 3Cd Street, TCU Box 297021 Fort Worth,Texas 76102 Fort Worth,Texas 76129 With copy to: Assistant City Attorney 200 Texas Street Fort Worth,Texas 76102 The Vendor and City agree to notify the other party of any changes in addresses. XI. NON-ASSIGNABILITY Performance Agreement CFW/TCU Center for Texas Studies Page 5 of 12 This Agreement 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 Agreement. This provision shall not be construed to prohibit the Vendor from hiring subcontractors. XII. ENTIRETY This Agreement constitutes the entire agreement between the Parties hereto with respect to the subject matter hereof,and no amendment,alteration, or modification of this Agreement shall be valid unless in each instance such amendment,alteration or modification is expressed in a written instrument,duly executed and approved by each of the Parties. There are no other agreements and understandings, oral or written,with reference to the subject matter hereof that are not merged herein and superseded hereby. XIII. MODIFICATION No amendment,modification,or alteration of the terms of this Agreement shall be binding unless the same is in writing,dated subsequent to the date hereof,and duly executed by the Parties hereto. XIV. SEVERABILITY Should any portion,word, clause, phrase, sentence or paragraph of this Agreement be declared void or unenforceable, such portion shall be modified or deleted in such a manner as to make this Agreement, as modified,legal and enforceable to the fullest extent permitted under applicable law. XV. GOVERNING LAWNENUE If any action,whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. XVI. WAIVER No waiver of performance by either Party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. XVII. NO THIRD-PARTY BENEFICIARIES Performance Agreement CFW/TCU Center for Texas Studies Page 6 of 12 The provisions and conditions of this Agreement are solely for the benefit of City and the Vendor, and any lawful successor or assign,and are not intended to create any rights,contractual or otherwise, to any other person or entity. The Parties expressly agree that Vendor's subcontractors are not third- parry beneficiaries and that to the extent any claim is made by a subcontractor,Vendor shall indemnify and defend City fully in accordance with section IX of this agreement. XVIII. CONTRACT CONSTRUCTION The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. XIM FISCAL FUNDING OUT If, for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to appropriate funds sufficient for City to fulfill its obligations under this Agreement, City may terminate this Agreement to be effective on the later of(i) thirty (30) days following delivery by City to the Vendor of written notice of City's intention to terminate or (ii) the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. XX. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL If Vendor has fewer than 10 employees or this Agreement is for less than $100,000,this section does not apply. Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel;and (2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Vendor certifies that Performer's signature provides written verification to the City that Vendor: (1) does not boycott Israel;and(2)will not boycott Israel during the term of the contract. XXI. AUDIT The Vendor agrees that City will have the right to audit the financial and business records of the Vendor that relate to this Agreement (collectively "Records") at any time during the Term of this Agreement and for three (3) years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, the Vendor shall make all Records available to City at 200 Texas Street, Fort Worth, Texas or at another location in City acceptable to both Parties following reasonable advance notice by City and shall otherwise cooperate fully with City during any audit. Notwithstanding anything to the contrary herein, this section shall survive expiration or earlier termination of this Agreement. Performance Agreement CFW/TCU Center for Texas Studies Page 7 of 12 XXII. COUNTERPARTS AND ELECTRONIC SIGNATURES This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. XXIII. NON-DISCRIMINATION In the execution, performance, or attempted performance of this Agreement, the Vendor will not discriminate against any person or persons because of disability,age, familial status, sex,race,religion, color, national origin, or sexual orientation, nor will the Vendor permit its officers, agents, servants, employees, or subcontractors to engage in such discrimination. This Agreement is made and entered into with reference specifically to Chapter 17,Article III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment Practices', and the Vendor hereby covenants and agrees that the Vendor, its officers, agents, employees, and subcontractors have fully complied with all provisions of same and that no employee or employee-applicant has been discriminated against by either the Vendor,its officers, agents, employees, or subcontractors. XXIV. GOVERNMENTAL POWERS Both Parties agree and understand that the City does not waive or surrender any of its governmental powers by execution of this Agreement. XXV. HEADINGS NOT CONTROLLING Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. XXVI. REVIEW OF COUNSEL The Parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. XXVII. LICENSES, PERMITS AND FEES/COMPLIANCE WITH LAWS 1. The Vendor agrees to obtain and pay for all applicable licenses,permits, certificates, inspections,and all other fees required by law necessary to perform the services prescribed for the Vendor to perform hereunder. 2. This Agreement is subject to all applicable federal, state, and local laws, ordinances,rules, Performance Agreement CFW/TCU Center for Texas Studies Page 8 of 12 and regulations,including,without limitation, all provisions of the City's Charter and ordinances,as amended. XXVIII. CONDITION OF THE FACILITY/WARRANTIES EXCLUDED The Vendor hereby represents that she has inspected the facilities at the Event Site intended for the Performance, including any improvements thereon, and that the Vendor finds same suitable for all activities and operations agreed to hereunder, and that the Vendor does so on an "as is" condition. The City hereby expressly excludes any and all warranties in regard to the facilities,including,without limitation, fitness for any particular purpose. XXIX. INSURANCE During the term of this Agreement,the Vendor shall maintain in full force and effect,at her own cost and expense, Commercial General Liability Insurance in at least the minimum amount of$1,000,000 per occurrence with an annual aggregate limit of not less than $2,000,000,and the City shall be named as an additional insured on the insurance policy. The Vendor shall be responsible for any and all wrongful or negligent acts or omissions of its employees and agents and for any causes of action arising under strict liability. Additional Insurance Requirements: 1. Certificates of Insurance evidencing that the Vendor has obtained all required insurance shall be delivered to the City prior to Vendor proceeding with the Agreement. 2. Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers as respects the Contracted services. 3. Certificate(s) of Insurance shall document that insurance coverage specified herein are provided under applicable policies documented thereon. 4. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 5. A minimum of thirty (30) days'notice of cancellation or material change in coverage shall be provided to the City. A minimum ten (10) day notice shall be required in the event of non- payment of premium. Such terms shall be endorsed onto the Vendor's insurance policies. Notice shall be sent to Department of Risk Management, City of Fort Worth, 1000 Throckmorton Street, Fort Worth,Texas 76102. Performance Agreement CFW/TCU Center for Texas Studies Page 9 of 12 a. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. b. Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion;and,in lieu of traditional insurance,any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or Letters of Credit may also be acceptable to the City. C. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the Contract. d. The City shall be entitled, upon its request and without incurring expense, to review the Vendor's insurance policies including endorsements thereto and, at the City's discretion; the Vendor may be required to provide proof of insurance premium payments. e. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. f. The City shall not be responsible for the direct payment of any insurance premiums required by the Agreement. It is understood that insurance cost is an allowable component of Vendor's overhead. g. All insurance required above shall be written on an occurrence basis in order to be approved by the City. h. Subcontractors to the Vendor shall be required by the Contractor to maintain the same or reasonably equivalent insurance coverage as required for the Vendor. When subcontractors maintain insurance coverage, Contractor shall provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subcontractor's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by the Vendor of the Agreement. XXX. SIGNATURE AUTHORITY The person signing this Agreement hereby warrants that she has the legal authority to execute this Agreement on behalf of his or her respective Parry, and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the person or entity. The other Party is fully entitled to rely on this warranty and representation in entering into this Agreement. Should that person or entity not be authorized, the terms and conditions of this Agreement shall be binding as against the signatore and she shall be subject to the terms and conditions of this Agreement. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE FOLLOWS] Performance Agreement CFW/TCU Center for Texas Studies Page 10 of 12 IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples, this 16 day of October , 2020. CITY OF FORT WORTH TEXAS CHRISTIAN UNIVERSITY CENTER FOR TEXAS STUDIES ✓ N19 &%id z Digitally signed by_Dana Burghdoff(O 16,2020y11::17 CDT) by M a tt h e _by Matthew Dana Burghdoff Name: Le ..S��caile a Is Assistant City Manager Title-V Vm ��lijj&� ate:2020.10.04 14:09:24-05'00' Recommended by: �744'— Marilyn Marvin Assistant Library Director APPROVED AS TO FORM AND LEGALITY by Jessika Williams Assistant City Attorney Ordinance No. 24161-04-2020 ATTEST: 4a44oa°�� dam o �oRro�9�0 -a for Ronald P. Gonzales o °a s d for Ronald P.Gonzales(Oct 16,202017:33 CDT) �4a o*� 0 Mary Kayser aa�nEXA5gap City Secretary M&C—No M&C Required Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. Timothy Shidal Administrative Services Manager OFFICIAL RECORD Performance Agreement CITY SECRETARY CFW/TCU Center for Texas Studies Page 11 of 12 FT.WORTH, TX ATTACHMENT A PERFORMANCE DATES Date Time Physical Location 09/12/2020 10:30am Central Library 500 W Third St, Fort Worth,TX 76102 10/10/2020 10:30am Central Library 500 W Third St, Fort Worth,TX 76102 11/07/2020 10:30am Central Library 500 W Third St, Fort Worth,TX 76102 12/05/2020 10:30am Central Library 500 W Third St, Fort Worth,TX 76102 01/09/2021 10:30am Central Library 500 W Third St, Fort Worth,TX 76102 02/06/2021 10:30am Central Library 500 W Third St, Fort Worth,TX 76102 03/06/2021 10:30am Central Library 500 W Third St, Fort Worth,TX 76102 04/03/2021 10:30am Central Library 500 W Third St, Fort Worth,TX 76102 05/01/2021 10:30am Central Library 500 W Third St, Fort Worth,TX 76102 Performance Agreement—Attachment A CFW/TCU Center for Texas Studies Page 12 of 12