HomeMy WebLinkAboutContract 60082CSC No. 60082
PERFORMANCE AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND KIDS WHO CARE, INC. TO PERFORM 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 municipal corporation of the State of Texas
("City"), acting by and through its duly -authorized Interim Library Director, and KIDS WHO
CARE, INC. ("Performer"), each individually referred to as a "Party" and collectively referred to
as "Parties".
WHEREAS, among other activities, City desires to feature performances at The Fort
Worth Public Library;
WHEREAS, City is providing multiple performing art opportunities for youth to support
the Library's strategic focus areas of arts and culture; and
WHEREAS, City wishes to contract with Performer to provide for such services.
NOW, THEREFORE, City and Performer 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
Performer agrees to provide multiple performing arts programming opportunities ("Events") for
youth in grades K-12 to City at the dates, times, and locations specified in Attachment B
("Scheduled Events") unless changed in accordance with this Agreement. Additional times and
locations may be added to Scheduled Events by written mutual agreement of Parties, and any such
additions shall be subject to the terms and conditions of this Agreement as though the additions
were included with Performance Details at the time of execution.
II.
TERM
This Agreement shall begin on August 1, 2023 ("Effective Date") and expire on December 31,
2023 ("Expiration Date"), unless terminated earlier in accordance with this Agreement. This
Agreement may be renewed for one-year terms under the same terms and conditions annually upon
mutual agreement of the Parties.
III.
COMPENSATION
Performer shall provide Performance at no charge to City. City shall not be required to pay
any cost, fee, or charge of any nature for Performance.
Performance Agreement
CFW & KIDS WHO CARE, INC.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 1 of 15
2. City represents that for, and in consideration of, its obligations under this Agreement that
Performer is providing a unique and important experience free -of -charge for the citizens of Fort
Worth. Performer represents that for, and in consideration of, its obligations under this Agreement,
City is providing a space for such Performance to occur, which will provide exposure for
Performer. Both Parties agree as a condition precedent of this Agreement that both Parties have
exchanged good and valuable consideration.
IV.
PERFORMER'S OBLIGATIONS
1. Performer agrees to collaborate with City to provide multiple performing arts programming
opportunities for youth, in grades K-12, as specified in Attachment B.
2. Performer agrees to contact the Fort Worth Public Library's Regional Manager for Youth
Services, Trevor Naughton, at 817-392-7714 to coordinate events.
3. Performer will conduct cast photoshoots at the Reby Cary Youth Library and Northside
Branch as listed in Attachment B. Parties will coordinate the scheduling of cast photoshoots.
4. Performer will provide in -person, pop up presentations at Southwest Regional Library and
Summerglen Branch as listed in Attachment B. These presentations will be a smaller piece of the
upcoming performing arts show "Matilda" also listed in Attachment B. Parties will coordinate the
scheduling of presentations.
5. Performer will collaborate with City to create additional one-off performing art programs
that will be scheduled and repeated at locations listed in Attachment A. These opportunities will
specifically allow youth in grades K-12 to "write their own story."
6. Performer agrees to allow City to provide information about Fort Worth Public Library
services including opportunities for the public to sign up for library cards at Performer -hosted
events listed in Attachment B.
7. Performer shall obtain all necessary consents, permissions, licenses, and other documents
from any artists, composers, musicians, recording companies, musician unions or other labor
unions, copyright owners, or others with any interest in the Performance, at Performer's sole cost
and expense and will indemnify and hold City harmless from and against any and all claims, suits,
threats, demands, actions, and causes of action brought directly or indirectly by any such Party.
8. Performer agrees to collaborate with City in online promotion and campaign efforts of
Performance for the term of this Agreement.
Performance Agreement
CFW & KIDS WHO CARE, INC. Page 2 of 15
V.
CITY'S OBLIGATIONS
1. City agrees to collaborate with Performer to provide multiple performing arts programming
opportunities for youth, in grades K-12, as specified in Attachment B.
2. City agrees to designate the Fort Worth Public Library's Regional Manager for Youth
Services as a representative to coordinate all services to be performed pursuant to this Agreement.
2. City will host cast photoshoots at Reby Cary Youth Library and Northside Branch as listed
in Attachment B. Parties will coordinate the scheduling of cast photoshoots.
3. City will host in -person, pop up presentations at Southwest Regional Library and
Summerglen Branch as listed in Attachment B. These presentations will be a smaller piece of the
upcoming performing arts show "Matilda" also listed in Attachment B. Parties will coordinate the
scheduling of presentations.
4. City will collaborate with Performer to create additional one-off performing art programs
that will be scheduled and repeated at locations listed in Attachment A. These opportunities will
specifically allow youth in grades K-12 to "write their own story."
5. City will provide information about Fort Worth Public Library services including
opportunities for the public to sign up for library cards at Performer -hosted events listed in
Attachment B.
6. City will create in-house displays and reading lists focused on the author, Roald Dahl, and
specifically the novel, "Matilda," for Fort Worth Public Library patrons.
7. City shall promote Performance in collaboration with the Performer through various media
channels to generate public interest and encourage attendance.
VI.
DUTY TO PERFORM/FORCE MAJEURE
City reserves the right to cancel the Performance 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
Performer shall be deemed in breach of this Agreement if it is prevented from performance by
Force Majeure.
Performance Agreement
CFW & KIDS WHO CARE, INC. Page 3 of 15
VII.
PERMISSION TO USE PHOTOGRAPHS
By entering into this Agreement, Performer hereby gives its consent and permission to City to use,
display, and publicly display photographs or video captures of Performance in perpetuity. 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. Performer shall require
all of its subcontractors to agree in their subcontracts to allow City to use the Performance as
included above.
VIII.
INDEPENDENT CONTRACTOR
Performer shall operate under this Agreement 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, its subcontractors, 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.
IX.
TERMINATION
1. This Agreement may be terminated by City without cause with fourteen (14) days written
notice to Performer. This Agreement may also be terminated at any time by City for cause and
upon notice to Performer. Performer may terminate this Agreement with thirty (30) days written
notice.
2. If City terminates this Agreement pursuant to section one of this clause for any reason, City
shall not owe any compensation to Performer.
X.
LIABILITY/INDEMNIFICATION
1. LIABILITY. PERFORMER 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 HIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE ACT(S),
ERRORS, OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
PERFORMER, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
2. GENERAL INDEMNIFICATION. PERFORMER 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, ATTORNEY'S FEES AND COSTS OF
Performance Agreement
CFW & KIDS WHO CARE, INC. Page 4 of 15
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 PERFORMER AND/OR PERFORMER'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 CITY'S OWN
NEGLIGENCE OR WILLFUL CONDUCT.
3. Intellectual Propertv. Performer 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 Performer. 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 Performer without the appropriate licenses or permission being secured by Performer
in advance. IT IS FURTHER AGREED THAT PERFORMER 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 PERFORMER'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 Performer.
4. IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST
CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, PERFORMER, ON
NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDING, AT
PERFORMER'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
Performance Agreement
CFW & KIDS WHO CARE, INC. Page 5 of 15
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. Performer 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 Performer in connection with or
incidental to performance under this Agreement.
7. Performer 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.
XI.
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
City of Fort Worth
Library Director
500 W 3rd Street,
Fort Worth, Texas 76102
With copy to:
Assistant City Attorney
200 Texas Street
Fort Worth, Texas 76102
PERFORMER
Kids Who Care, Inc.
Community Engagement & PR Director
1300 Gendy Street
Fort Worth, Texas 76107
Performer and City agree to notify the other Party of any change in addresses.
XII.
NON -ASSIGNABILITY
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
Performer from hiring subcontractors.
Performance Agreement
CFW & KIDS WHO CARE, INC. Page 6 of 15
XIII.
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.
XIV.
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.
XV.
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.
XVI.
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.
XVII.
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.
XVIII.
NO THIRD -PARTY BENEFICIARIES
The provisions and conditions of this Agreement are solely for the benefit of City and Performer,
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 Performer's
Performance Agreement
CFW & KIDS WHO CARE, INC. Page 7 of 15
subcontractors are not third -party beneficiaries and that to the extent any claim is made by a
subcontractor, Performer shall indemnify and defend City fully in accordance with section IX of
this agreement.
XIX.
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.
XX.
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 Performer 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.
XXI.
PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
If Performer has fewer than 10 employees or this Agreement is for less than $100,000, this section
does not apply. Performer acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, 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, Performer certifies that Performer's signature
provides written verification to City that Performer: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the contract.
XXII.
AUDIT
Performer agrees that City will have the right to audit the financial and business records of
Performer 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, Performer
shall make all Records available to City on 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 & KIDS WHO CARE, INC. Page 8 of 15
XXIII.
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.
XXIV.
NON-DISCRIMINATION
In the execution, performance, or attempted performance of this Agreement, Performer 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 Performer 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 Performer hereby
covenants and agrees that Performer, 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 Performer, its officers, agents, employees, or subcontractors.
XXV.
GOVERNMENTAL POWERS
Both Parties agree and understand that City does not waive or surrender any of its governmental
powers by execution of this Agreement.
XXVI.
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.
XXVII.
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.
XXVIII.
LICENSES. PERMITS AND FEES/COMPLIANCE WITH LAWS
1. Performer 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
Performance Agreement
CFW & KIDS WHO CARE, INC. Page 9 of 15
Performer to perform hereunder.
2. This Agreement is subject to all applicable federal, state, and local laws, ordinances, rules,
and regulations, including, without limitation, all provisions of the City's Charter and ordinances,
as amended.
XXIX.
CONDITION OF THE FACILITY/WARRANTIES EXCLUDED
Performer hereby represents that she has inspected the facilities at the Performance Site intended,
including any improvements thereon, and that Performer finds same suitable for all activities and
operations agreed to hereunder, and that Performer does so on an "as is" condition. City hereby
expressly excludes any and all warranties in regard to the facilities, including, without limitation,
fitness for any particular purpose.
XXX.
PROHIBITION ON BOYCOTTING ENERGY COMPANIES
Performer acknowledges that, in accordance with Chapter 2274 of the Texas Government Code,
as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, City is prohibited from entering into a contract
for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from
public funds of City with a company with 10 or more full-time employees unless the contract
contains a written verification from the company that it: (1) does not boycott energy companies;
and (2) will not boycott energy companies during the term of the contract. The terms "boycott
energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of
the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Performer certifies that Performer's signature provides written verification to City that
Performer: (1) does not boycott energy companies; and (2) will not boycott energy companies
during the term of this Agreement.
XXXI.
PROHIBITION ON DISCRIMINATION AGAINST FIREARMS AND AMMUNITION
INDUSTRIES
Performer acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, City is prohibited from
entering into a contract for goods or services that has a value of $100,000 or more that is to be paid
wholly or partly from public funds of City with a company with 10 or more full-time employees
unless the contract contains a written verification from the company that it: (1) does not have a
practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract against a firearm entity or
firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade
association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government
Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the
Government Code is applicable to this Agreement, by signing this Agreement, Performer certifies
Performance Agreement
CFW & KIDS WHO CARE, INC. Page 10 of 15
that Performer's signature provides written verification to City that Performer: (1) does not have
a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate against a firearm entity or firearm trade association
during the term of this Agreement.
XXXII.
INSURANCE
During the term of this Agreement, Performer 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 City
shall be named as an additional insured on the insurance policy.
Performer 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 Performer has obtained all required insurance
shall be delivered to City prior to Performer proceeding with the Agreement.
2. Applicable policies shall be endorsed to name 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 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 City. A minimum ten (10) day notice shall be required in the event of non-
payment of premium. Such terms shall be endorsed onto Performer's insurance policies.
Notice shall be sent to Department of Risk Management, City of Fort Worth, 1000
Throckmorton Street, Fort Worth, Texas 76102.
a. Insurers for all policies must be authorized to do business in the state of Texas or
be otherwise approved by City; and, such insurers shall be acceptable to City in
terms of their financial strength and solvency.
b. Deductible limits, or self -insured retentions, affecting insurance required herein
shall be acceptable to 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 City.
Performance Agreement
CFW & KIDS WHO CARE, INC. Page 11 of 15
C. Applicable policies shall each be endorsed with a waiver of subrogation in favor of
City as respects the Contract.
d. City shall be entitled, upon its request and without incurring expense, to review
Performer's insurance policies including endorsements thereto and, at City's
discretion; Performer may be required to provide proof of insurance premium
payments.
e. The Commercial General Liability insurance policy shall have no exclusions by
endorsements unless City approves such exclusions.
f. 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 Performer's overhead.
g. All insurance required above shall be written on an occurrence basis in order to be
approved by City.
h. Subcontractors to Performer shall be required by the Contractor to maintain the
same or reasonably equivalent insurance coverage as required for Performer. 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 Performer of the Agreement.
XXXIII.
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 Party, 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 & KIDS WHO CARE, INC. Page 12 of 15
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY:
By:
Marilyn Marvin
Interim Library Director
Date: 09/11/2023
KIDS WHO CARE, INC.:
By:
Tracy Cliburn
Community Engagement & PR Director
Date: 09/07/2023
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
APPROVAL RECOMMENDED:
By:
Cristi Lemon
Interim Assistant Library Director
APPROVED AS TO FORM AND
LEGALITY:
By:
Andrea Phillips
Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C:
FORM 1295:
Performance Agreement
CFW & KIDS WHO CARE, INC.
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.
Tiwotho SGui W
By: Timothy Shidal (kug 8, 202311:08 CDT)
Timothy Shidal
Assistant City Attorney
bp4vunn
b
�,oOF FORtoaa
ATTEST: �
p,,o� o9�a
-0
Ov0 0.010000.
=4
00
�a����u 454aa
By:
Jannette Goodall
City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 13 of 15
ATTACHMENT A
EVENT LOCATIONS
CITY VENUES
Fort Worth Public Library
Address
City
State
ZIP
Diamond Hill / Jarvis Branch
1300 NE 35th St
Fort Worth
TX
76106
East Berry Branch
4300 East Berry St
Fort Worth
TX
76105
East Regional Library
6301 Bridge St
Fort Worth
TX
76112
Fort Worth History Center
501 East Bolt St
Fort Worth
TX
76110
Golden Triangle Branch
4264 Golden Triangle Blvd
Fort Worth
TX
76244
La Gran Biblioteca
4200 South Freeway, Suite #1338
Fort Worth
TX
76115
LVT Rise Library
8201 Calmont Ave
Fort Worth
TX
76116
Meadowbrook Branch
2800 Stark St
Fort Worth
TX
76112
Northside Branch
601 Park St
Fort Worth
TX
76164
Northwest Branch
6228 Crystal Lake Dr
Fort Worth
TX
76179
Reby Cary Youth Library
3851 E Lancaster Ave
Fort Worth
TX
76103
Ridglea Branch
3628 Bernie Anderson Dr
Fort Worth
TX
76116
Riverside Branch
2913 Yucca Ave
Fort Worth
TX
76111
Shamblee Branch
1062 Evans Ave
Fort Worth
TX
76104
Southwest Regional Library
4001 Library Ln
Fort Worth
TX
76109
Summerglen Branch
4205 Basswood Blvd
Fort Worth
TX
76137
Vivian J. Lincoln Branch
8829 McCart
Fort Worth
TX
76123
Wedgwood Branch
3816 Kimberly Ln
Fort Worth
TX
76133
PERFORMER VENUE
KIDS WHO CARE, INC. Address
W. E. Scott Theatre 1300 Gendy St
Performance Agreement — Attachment A
CFW & KIDS WHO CARE, INC.
City State ZIP
Fort Worth TX 76107
Page 14of15
ATTACHMENT B
SCHEDULED EVENTS
INDIVIDUAL EVENTS
EVENT
DATE/TIME
LOCATION
HOST
Cast Photoshoot
Mid -September
Reby Cary Youth
City
TBD
Library
Cast Photoshoot
Mid -September
Northside Branch
City
TBD
Kids Who Care: Matilda the
November 11, 2023
Southwest
City
Musical Pop -Up Performance
4:00 p.m.
Regional Library
Kids Who Care: Matilda the
November 18, 2023
Summerglen
City
Musical Pop -Up Performance
11:30 a.m.
Branch
"Matilda"
December 14, 2023
W. E. Scott Theatre
Performer
7:30 p.m.
"Matilda"
December 15, 2023
W. E. Scott Theatre
Performer
10:00 a.m.
"Matilda"
December 15, 2023
W. E. Scott Theatre
Performer
7:30 p.m.
"Matilda"
December 16, 2023
W. E. Scott Theatre
Performer
10:00 a.m.
"Matilda"
December 16, 2023
W. E. Scott Theatre
Performer
7:30 p.m.
"Matilda"
December 17, 2023
W. E. Scott Theatre
Performer
2:00 p.m.
REPEATING EVENTS - WORKSHOPS
City and Performer will provide several one-off events for youth to participate in prior to the
show, "Matilda."
EVENT
DATE/TIME
LOCATION
HOST
Kids Who Care: Casting Call for
September 5, 2023
LVT Rise Library
City
Young Storytellers
4:30 p.m.
Kids Who Care: Casting Call for
September 8, 2023
Reby Cary Youth
City
Young Storytellers
4:00 p.m.
Library
Kids Who Care: Casting Call for
September 11, 2023
Northwest Branch
City
Storytellers
5:00 p.m.
Kids Who Care: Casting Call for
October 2, 2023
Golden Triangle
City
Young Storytellers
4:30 p.m.
Branch
Kids Who Care: Casting Call for
October 5, 2023
Lincoln Branch
City
Young Storytellers
4:00 p.m.
Kids Who Care: Casting Call for
November 6, 2023
Diamond
City
Storytellers
3:30 p.m.
Hill/Jarvis Branch
Performance Agreement — Attachment B
CFW & KIDS WHO CARE, INC. Page 15 of 15