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HomeMy WebLinkAboutContract 28108��� ,�;} �. �� CONiRAC�i� � ~ � I� . � . _�. .� ��.n.i�.r➢ F������SI�iV�L �eCi1NG S�R111C�S A�R��IVI�h�T THIS AGREEMENT is �ntered into by and between the City of Fort Worth, Texas, a home�rule municipal situated in Tarrant and Den�on Counties, Texas, hereinafter ca[led "City," actirtg herein by and through Libby Watson, its duly au�horiz�d Assistant Gity Manager, and Mike Goldberg, hereinafter called "Actor", professional actor. WiTNESSETH WHEREAS the City of Fort Worth En�ironmenial Management manages a recycling program in which fictianal characters are used to promote and educafie c[tizens about fhe services provided. WHEREAS, C��y requires a professianal actor fo portray "�apfain Grud", a �ictionaf character, at public e�ents fo promote Ets recycling program an� to educate citizens about the services provided. WHEREAS Mike Goldbe�g, a professional actor, desires to render professional acting services by por�raying "Captain Crud" for the City of Fort Vllorth an �erms ar�d condi#ions pro�ided in this agreemer�f. THEREFORE, City engages the professional acting services of M�ke Goldberg, and in considera#ion of the mutual promises contained in this contract, the parties agree as foilows: - 1. � TERM The term of this agre�ment is for 12 months commencing on Oc�ober 1, 2002, and ending on Sepfember 3D, 2003. 2. CITY'S O�LIGATIONS 1. City agrees to confact Actor at Ieast fwo weeks before e�ent by fielephone to de��rmine whether Actor is available to porkray "C�p�ain Crud" at event. 2. Once Actor canfirms he is available ta perform "Cap�ain Crud" at e�ent, City wEfl send Ac�or a confirmation lett�r specifying the date, "Actor Arri�e Time", performance time, duration of event and locafion of event. "Actor Arrive Time" shall be thirty minutes before perFormanc� time. 3. City wiil keep and maintain the "Cap�ain Crud" costume an� will bring it to each event so that Actor can change into the casfume at �he e�ent. 4. City will snsure that Actor has an appropriate area to change inta tY�e "Captain Crud" castume. __ _ _ __, . ' � ���G�.l� U���L��i� . . ry. . ^�7' I��t � 'r � � . ,4�h,� , . ' -I��r- 3. PROFESSIONAL ACTING SERVICES 1. Ac�or agrees to coordinate by phone with a Ci�y representati�e to determine t�e dates Actor is available to par�ray "Gapiain Crud". 2. Actor agrees fio arri�e af e�ent by the "Actor Arrive Time" and stay until the "Perfarmance End Time" specified in the cor�firmation lette�- sent l�y City. 3. In the event that Actar will not be able to arrive by fhe "Actor Arrive Time" specified in the confirmation le#ter, Actor agrees to �age Dot Kent at 817�998- 2977 as soon as Actor knows he wiA not arri�e an time. 4. If Actor arri�res more than 15 r2ninutes later than the "Actor Arrive Time" specified 9n the canfirmation letter and the Actor's performance cannof take place, as determined by� City in its sole discretion, Ac�or acknowledges and agrees that he will not be paid for �he event. 5. Actor ag�ees to follow the presentation outline, attached as Attachment "A" and incorporated herein as if set forth herein. 6. If problems occur with the sound system wh�le Actor is pertorming, Actor agrees to discontinue its use and proj�ct his �oice and �inish the performance. 7. Actar agrees to mingle throughout the crawds after �he pertormance when requested by City and will distribute only city provided materials and wil[ be compensafied, 8. Actor agrees not to cnmment on any Environmen�al Collection Center agreements or City of Fort Wortf� polici�s. lf, while pertorming, Actor is as�Ced a question regarding agreements or policies, �lctor will refer the q�estioner to the City of Far# Warth. 9. Actor agrees to anly partray "�ap�ain Crud" at; a. City sponsored e�ents; or. b. Other events with the vwritten approval of City. If Actor is portraying "Cap�ain �rud'° at the request of anather entity and Ac#or has obtained written approval from City to do such perFormance, City will ensure that the "Cap��in Crud" costume is available for the performance. Ac�or a�rees tha� Cify will not be responsible for payment for performances requested by o#her entities and fi�at City will only be responsible for payment for Actor's perFormances City requests. 4. COMPENSATION L C�tib 5ponsored �den�: As fair compensation for t�e services provided by Actar to City under this agreem�nt: � �. �ctor arrives a4 eden� and portrays "Capi�in �rud".: 1. City agrees to pay actor $100.00 {one hundred dollars) per hour that Actor is at the e�ent and the performance takes place, howev�r, Actor will not 2 - be paid for any time Actor arrives before "Actor Arrive Time" stafed in the canfirmation let#er. 2. City agrees to pay actor within 94 days of receiving a�ill. �. �ertormanee does no� �a�re place because of Acior's ��ul�: . 1. Actor agrees that he will not be paid for a City event if Actor's performance cannot talce place because of Actor's fault, such as, but no� iimited to; arri�ing more fihan � 5 minutes lat�r t}�an fhe "Actor Arri�e Time" specified in the confiirmation fetter and City, in its sole discretion, determines tha# the performance cannot ta�e place or Actor fails to arrive at e�ent. 2. City will inform Actor in writing within 10 days of the e�ent specifying the reasons why fihe performance did not occur. �. �ven� is �aneeled: I� City e�ent is canceled thraugh no faulf of actar, no compensation will be owed �o Actor if City notifies Actor by fax�ng "Event Cancepation Notice" to Actor's Agent afi i�ast 3D days before e�ent. ff City fa�ls to provide "Even# Cancellation Nofiice" to Actor at least 3D days before event, City sha11 pay Actor $1 DO.DQ per canceled hour for fhe canceled event witl�ir� 14 wnrking days of recei�'rng a bill. If. Pe�r'orr�ance at a Non Ci��+ Snonsored f�venfi: If Actor agrees #o portray "�ap�ain Crud" far anather entity and obtains written approval from City, City will in no way be res�onsible for any payment owed to Actor for portrayin� "�aptain �rud" at �he r�quest af ano#her entity. f I I. �ro4r�m De�elopmen� Ci#y. agrees to pay Actor $50.00 �er hour, with a maximum of 4 hours being paid, to Actor for Program Development. Program Developmen� includes developing magic tricks relating to the preseritation autlined in Exhibit "A" and learning what to say at e�ents. Once Actar is ready to present act to City, City shall r��iew act and give comments, if any changes are needed, City sf�al� notify Actor of changes. IV. �itfiinqs ror Cos4ume City agrees to pay Actor Crud" costume. V. �hofoqraphie Sessior�s City agr�es fo pay Actor schedules for City. $50.00 per hour to be fitted for the "Capfain $100.00 per hour for any modeling sessions �t Vl. Vid�o In the event City decides to tape a"�ap�r�in �rud" video to promo�e fhe Environmenfal Collecfian Gente�, Ac#or will be paid $�00.00 per ho�r to portray "�aptain Crud" for the �ideo. VII. �puiqmenfi Cify agre�s ta reimburse Actor up to $Z00.00 for any City appro�ed equipment, tricks or props Actor belie�es he needs to portray "Cap4�in Crud" once Ac#or s�nds City an invoice for the equipmer�t, trick �r prop. If City has reimbursed Acfor $20D.00 for the equipment, tricks or pro�s and Actor believes that another item should be purchased, Actor wiil contact City and explain through written documen#ation what additional i�em(s) are necessary. If Gity determir�es, in its sole discretion, that the item should be bought, City shall prepare a writfen authorization to Actor authorizing the purchase, and shafl reimburse Actor for the ifem(s) within 14 days of Actor presenting an in�oice for #he item(s). If �City determines that the item(s) should not be purchased and Actar purchases the item(s) despite City's dete�mination, Ci�y shafl in no event be responsi�le to reimburse Actor for tF�e item{s}, The equipment, tricEc or prop purcMased by Actor becomes the property of the City upon City's reimbursemen# paymenf for the equipment, trick or prop to Actor. 5. PERMIS510N TO USE PHOTOGRAPHS & VIDEOS OR FIL.MS By entering into fihis Agreement, Actor hereby gi�es his consent and permission to City #o use any photograph, �Edeo or film City has of Actor portraying "Cap�ain Crud". Use includes, but is not limited to; pub�ishing, posting on an official web site or putting an �elevision, either networ4t or cabl� or at neighborhood meetings. 6. INaEPENDENT CONTRACTOR Actor shajl ope�ate under this agreement as an independent contrac#or and nat as an officer, agent, servant, or employe� of City. Actor shall ha�e the exclusive right to contral the deiails of the work and the services performed hereunder. Ciiy shall Y�ave no right to exercise any control over ar ta super�ise or regulate Actor in any way other than stated E�erein. The doctrine of Respondeat Superior shall not apply as between the parties, and nothing herein s�all be canstrued as creafing a partn�rship or joint enterprise befiween the parties. 7. TERMINATION This agreement may be terminated by ei#her party wi#h or without cause wiih thirty days written nofice to the ofher par�y. � �. CORRFSPONDENCE Any written correspondence required by this agreemenfi shall be sent to: Ac�or Name: Address: Telephone Fax: Ci�y Name: Address: Telephone Fax: Mike Goldberg 415 N. Hamp#on St, Farf Warth, TX 761 D2 8 � 7a870�1121 8'i 7-877�3851 Br�an Baerner, Director Env�ror�menta! Managemenf Department �000 Throckmorton Fort Worth, T'exas 7G�Q� 817�871-6088 $17�871-6359 Actor and City agree to notify the other par�y within 30 days af any changes in addresses. 9. NON-ASSIGNABILITY This agreement is non-assignable, and any unauthorized purported assignment ar delegation af any duties hereunder, without the priar wntten cansenf of the other party, shall be vaid and shall constitute a material breach of this agreement. 1 Q. ENTIRETY This agreement and atfiachmenf "Exhibi� A" incorporated heresn by reference consti#ute the entire agreemen# by fihe parties hereunder, and any priar or cantemporaneous oral or written agreemenfs sha11 be void. 1�. MODIFICATION This agreement may be modified by the mutual agreement af the parties, if the modification is in writing and sig�ed by City and Actor. E L - �2. SEVERABILITY In case ar�y one or mare of fhe provisions contained in the agreement s�al� for any reason be held to be invalid, illegal, or unenforceable in any respect, such invafidity, illegaiity, or unenforceabilEty shail not afFect any other provision of this agreemen#, and this agreement shall be construed as if such in�alid, illegal, or unenforceable provisions had n�ver been cantained herein, 13. VENUE This agreement sha11 be construed under and in accordance with the laws of the State af Texas, and the �enue for any litigation arising from this agreement shall �e in Tarrant Cnunty, Texas. � 14. EFFECTIVE DATE This contract becomes effecfi�e on the date the las# par�y signs ihis agreement. "CITY OF FORi W����" � / � Date �'�( !�°� - ' J j Date � ,' ' _ �i by Wa�n�� � Assistant Cifiy Manag�r ATTEST: , ! � . �t , . /�� �. -- City 5ecret APPROVED A5 T� FORM ��Iri/l.t S� � � � Assistan� City Attorne 7 - � - ` -' - cnntrac�. Authoriz�t��n bat� ., __. _ „_... ______ `_` - _ - --Y . �._ ^ ��V ..,''��U , ��,_ty� � , .. . - }�. n�i��T���l �►n F�Rf�AT FO� CA�iAIN CRU� ASS�NI�l���5 �. gr��rodu�ior� City or school persannel will introduce actor as Captain Crud. Actor's brief opening remarks should include use of the school name where perfo�mance is being held, definition of the word "crud ; Captain Crud's gaal af sa�ing the planei from pollution, and �he slogan "Conquer Your Crud"-- which will be repeated t�roughaut perFormance. TI. S�orrn 1141�t�r� A. Explain relation between starm drains and creeks, rivers and lafces. B. Relate water pollution to kids: for example, ask kids "wha likes to go fishing or swimming?" C. Introduce the Cruddies {on slide) ar�d tell haw they pollute. Cantinue with slids presentation of Scrub's adventu�e down a storm drain. D. Explain non-polluting car washing techniques. a��. bousehojd a��ardou�s l�a��e A. Use props fio talk about other "crud" ir� our homes (antifreeze, oil, eic.) and the dangers these products pose to childrer� and pets. B. Tel[-kEds where their family can take leftover household chemicaEs ta dispose of them properly: the Environmental Collection Center. C. Magic box trick invalving a Cruddie. Pick a student valunteer. �N. �ed��i�g Vl�as�e & �ec�clie�� A. 5how how newspapers can be re-used to clea mirror, wrap a pr�sent. B. Using props, tafk about recycHng metal cans, glass and plastic bott��s. Let stUdents help by putting them into a city recycle bin. C. Magic rope �rick. ��ck a volunteer. !!. �ii�e� A. Pick up a piece of trash from the floor and ask students if they know what litter is. B. Ask students to raise their hands and name different types of fitter. C. Ask s�udents where litter belongs—then place it in the trash can. D. Ketchup bottle trick for a lasting impression. "Get��ng rid of litter isn't so hard, if we all help." 1Pir E��E After actar's �xit, city or schooi p�rsannel will �xplain handout materials to students.