HomeMy WebLinkAboutContract 55119 CSC No.55119
RELEASE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND VINTAGE
FLYING MUSEUM TO PROVIDE VIDEO FOR THE FORT WORTH PUBLIC
LIBRARY
This RELEASE 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 VINTAGE FLYING MUSEUM acting by and through its
duly authorized Director ("Vendor").
WHEREAS, the City is sponsoring an online program entitled, "I,earn, Drcam, Do" and as
part of the online program, the City desires to feature an online video allowing viewers to learn about
the story of Jackie Cochran, the Wasps and the restoration of her latest aircraft; 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.
RELEASE OF VIDEO AND BROADCAST DATE
1. Tlie Vendor agrees to provide City with permission to access and broadcast its video, ")ackic
Cochran and I ler ;Aircraft," at no charge. The Vendor agrees that the video will be broadcast
to the YouTubc and Facebook pages of the City on March 9, 2021 ("Broadcast Date").
2. By entering into this Aorcement, the Vendor hereby gives its consent and permission to City
to usc the video provided by the Vendor in perpetuM, so long as the N?idco remains in the
You'l'ube public domain. Use iticlucles, but is not limited to, publishing, posting on an official
web site, social media outlets or putting on television, cithcr network or cable or at
nei-)hborhood meetings.
II.
INTELLECTUAL PROPERTY INDEMNIFICATION
The Parties agree that by showing the video, the City is not liable for any claims regarding 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-party 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, ATTORNEY'S 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
OFFICIAL RECORD
Performance Agreement Pagc 1 of 3
CITY SECRETARY
FT. WORTH, TX
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 Vcnclor.
III.
AUDIT
The Vendor agrees that CIty will have the right to audit the financial and business records of the
Vcnclor that relate to anv monetar-\' exchange under this ,Agrccrncnt (collectively "Records") at any
time during the Term of this .Agreement and for dare (3) years thereafter. It is expressly understood
that no monev is being exchanged as part of this agreement.
Performance Agreement Pagc 2 of 3
ACCEPTED AND AGREED:
CITY OF FORT WORTH VINTAGE FLYING MUSEUM
by:il�y�-- by: C:it
Manya Shorr ,tall 4,2021 Name: Chuckle IIospers
Library Director 'Title: Director
Recommended by:
Marilyn Marvin
z�ssistant Library Director
APPROVED AS TO FORM AND LEGALITY
O by' Q-
Jessika J. Williams
Assistant City Attorney
Ordinance No. 24161-04-2020
ATTEST: ,oa�FORr�
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Mary Kayser ���City Secretary ° oOO°°°°°°° a
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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
CITY SECRETARY
FT. WORTH, TX
Performance 1lgreement Page 3 of 3
MUSEUM
F"I W09".TEXAS
December 22, 2020
Regarding: Letter of Permission
To Whom it May Concern:
The Vintage Flying Museum is the owner of the ,Jackie Cochran and Her Aircraft video.
The video.is approximately 8 minutes long. The video briefly tells the story of Jackie
Cochran, the Wasps and the restoration of her last aircraft. The Fort Worth Public
Library has permission to use Jackie Cochran and Her Aircraft video. The Fork Worth
Public Library will air this as part of the Learn Dream Do show on March W". It will
premiere on the library's Youtube and Facebook pages."
Sincerely,
Chuckie Hospers, Director
Vintage Flying Museum
505 N.W. 38th Street, Hangar 33 South
Fork Worth, TX 76106
Cell: 817-846-4454
VINTAGE FLYING MUSEUM
P.O.BOX 820099 + FORT WORTH,TEXAS 76182
(P) 817-624-1935 ■ (F)817-624-2940 • www.vintageflyiugiiiuseum.org