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HomeMy WebLinkAboutContract 57126 CITY SECRETARY 57126 CONTRACT NO. SCREENING AGREEMENT This agreement is between 50 EGGS, INC.,having an address of 231 Forest Street,Woodland Hill Building 4, Babson Park, MA 02457 ("50 Eggs"); and the City of Fort Worth Diversity and Inclusion Department, having an address of 200 Texas Street, Fort Worth, TX 76102 ("City of Fort Worth") For good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. City of Fort Worth shall have the right to screen A MOST BEAUTIFUL THING(the"Film") for event attendees on February 10, 2022 (the"Event"), all as further described below. 2. The City of Fort Worth shall inform 50 Eggs as to the preferred format of the film at least 30 days prior to the event. 50 Eggs can deliver a ProRes file, a DCP, BluRay or DVD (with DCP as the preferred format). If a DCP is the preferred format, an additional $500 refundable security deposit shall be paid, it being understood that the security deposit shall be refunded in full, should the DCP be returned in good working condition. Licensee shall, at least 15 days prior to the event, send 50 Eggs its FedEx account number (or other traceable service) and 50 Eggs shall ship the format of the Film to Licensee at least 7 days prior to the event. The Film shall be returned by FedEx or UPS within 10 days of the conclusion of Licensee's use to 50 Eggs,time being of the essence. 3. If the DCP format is used and the DCP is not returned in good working condition within 10 days after the conclusion of the City of Fort Worth's use, then 50 Eggs shall retain the security deposit as liquidated damages,which the Licensee agrees is reasonable to cover such loss. 4. The sum of $500 for the Event shall be paid by the City of Fort Worth to 50 Eggs by wire transfer,ACH,or check,upon receipt of an invoice,time being of the essence. The City of Fort Worth shall not charge a fee for admission to the Event. If the Event does not happen because the City of Fort Worth has cancelled the Event(or for any reason not due to force majeure or the failure of 50 Eggs to comply with its obligations hereunder),then 50 Eggs shall refund the payment to the City of Fort Worth. a. Fiscal Funding Out. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City of Fort Worth will notify 50 Eggs of such occurrence and the Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of Fort Worth of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 5. The parties each represent that each has the authority to enter into this Agreement and that the financial terms contained herein shall remain confidential. 50 Eggs further represents that it owns all rights, titles and interest in and to the Film and the City of Fort Worth's use of the Film in accordance with this agreement will not violate the rights of any third party. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 6. Licensee shall use reasonable efforts to promote the Film and may use, in connection with the Event, any images from the Film's website to promote the Film, all of which images shall remain the property of 50 Eggs. 7. In the event of any default which shall remain uncured for 30 days, except the payment of money, in which event, the cure period shall be 10 days, then the non-defaulting party shall have all rights and remedies at law or in equity. 8. This agreement shall be governed by the laws of the Commonwealth of Massachusetts. Executed effective as the date signed by the Assistant City Manager below. (signature page follows) ACCEPTED AND AGREED: CITY: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all By: performance and reporting requirements. Name: Fernando Costa Title: Assistant City Manager Feb 14 2022 klg" l%a LGG4 GLI Date: By: Veronica Villegas(Feb 10,2 215:35 CST) Name: Veronica Villegas Title: Manager,Diversity& Inclusion Dept. Approval Recommended: Approved as to Form and Legality: ChkViAl By. Christina Br00ks(Feb 14,202212:57777) By: Name: Christina Brooks Name: John B. Strong Title: Director,Diversity&Inclusion Dept. Title: Assistant City Attorney Attest: Contract Authorization: M&C: NA a yanno to 5. Goo�Igll aaFpF OR r�aa By: Jannette S.Goodall(Feb 16,2022 08:07 CST) /7' Op0 p C� Name: Jannette S. Goodall _�o p o��dd Title: City Secretary �t%g 0 0 0�T� O p0000000 Aly bExo''� 50 Eggs: 50 EGGS, Inc. Y �e Mary Maz3i Feb 1Q,20 EST) Name: Mary C. Mazzio Title: President and CEO Date: Feb 10, 2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX