HomeMy WebLinkAboutContract 55167 CSC No.55167
RELEASE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
SOUTHWEST DAIRY FARMERS 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 SOUTHWEST DAIRY FARMERS acting by and through
its duly authorized Mobile Dairy Classroom Instructor ("Vendor").
WHEREAS, the City is sponsoring an online program entitled, "Learn, Dream, Do: Got
Dairy" and as part of the online program, the City desires to feature an online video allowing viewers
to learn about dairy farming; 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. The Vendor agrees to provide City with permission to access and broadcast its video,"Watch
Us Now And See Us Later," at no charge. Vendor has provided City with the YouTube link
to the video. The Vendor agrees that the video will be broadcast to the City on January 26,
2021 using City's licensed webinar solution ("Broadcast Date").
2. By entering into this Agreement, the Vendor hereby gives its consent and permission to City
to use the video provided by the Vendor in perpetuity so long as the video remains in the
YouTube public domain.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.
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
Performance Agreement OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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.
III.
AUDIT
If any money is exchanged as part of this Agreement, then the City shall have the right to audit the
financial and business records of the Vendor that relate to any monetary exchange under this
Agreement (collectively "Records") at any time during the Term of this Agreement and for three (3)
years thereafter. It is expressly understood that no money is being exchanged as part of this
Agreement.
Performance Agreement Page 2 of 3
ACCEPTED AND AGREED:
CITY OF FORT WORTH PERFORMER
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Manya Shorr Na e:J' Hill
Library Director Tid : C and General Manager-
Texas. Southwest Dairy Farmers
Recommended by:
Marilyn Marvin
Assistant Library Director
APPROVED AS TO FORM AND LEGALITY
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Jessika J.Williams
Assistant City Attorney
Ordinance No. 24161-04-2020
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Mary Kayser 0�*1- °o i�d
City Secretary 'a4 j°°°°°°g o p
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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
Performance Agreement CITY SECRETARY
FT.WORTH, TX