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HomeMy WebLinkAboutContract 29310 CITY SECRPTAR,/aV3 / O CONTRAC ; } PROFESSIONAL ACTING SERVICES AGREEMENT THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-rule municipality situated in Tarrant and Denton Counties, Texas, hereinafter called "City," acting herein by and through Libby Watson, its duly authorized Assistant City Manager, and Mike Goldberg, hereinafter called "Actor", a professional actor. WITNESSETH WHEREAS the City of Fort Worth's Environmental Management Department (the "Department") manages a recycling program in which fictional characters are used to promote and educate citizens about the services provided; WHEREAS, City requires a professional actor to portray "Captain Crud", a fictional character, at public events to promote its recycling program as well as other services offered by the Department and to educate citizens about such services; WHEREAS Mike Goldberg, a professional actor, desires to render professional acting services by portraying "Captain Crud" for the City of Fort Worth on terms and conditions provided in this agreement; NOW THEREFORE, City engages the professional acting services of Mike Goldberg, and in consideration of the mutual promises contained in this agreement, the parties agree as follows: 1. TERM The term of this agreement shall be for 12 months commencing on October 1, 2003, and ending on September 30, 2004. 2. CITY'S OBLIGATIONS 1. City agrees to contact Actor prior to an event by telephone to determine whether Actor is available to portray "Captain Crud" at event. If the City provides Actor with at least 30 Days notice Actor shall confirm his acceptance in writing. 2. Once Actor confirms he is available to perform "Captain Crud" at event, City will send Actor a confirmation letter specifying the date, "Actor Arrive Time", performance time, duration of event and location of event. "Actor Arrive Time" shall be thirty minutes before performance time. ;.i k 3. City will keep and maintain the "Captain Crud" costume and will bring it to each event so that Actor can change into the costume at the event. 4. City will ensure that Actor has an appropriate area to change into the "Captain Crud" costume. 3. PROFESSIONAL ACTING SERVICES 1. Actor agrees to coordinate by phone with a City representative to determine the dates Actor is available to portray "Captain Crud". 2. Actor agrees to arrive at event by the "Actor Arrive Time" and stay until the "Performance End Time" specified in the confirmation letter sent by City. 3. In the event that Actor will not be able to arrive by the "Actor Arrive Time" specified in the confirmation letter, Actor agrees to page Dot Kent at 817-998- 2977 as soon as Actor knows he will not arrive on time. 4. If Actor arrives more than 15 minutes later than the "Actor Arrive Time" specified in the confirmation letter and the Actor's performance cannot take place, as determined by City in its sole discretion, Actor acknowledges and agrees that he will not be paid for the event. 5. Actor agrees 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 while Actor is performing, Actor agrees to discontinue its use and project his voice and finish the performance. 7. Actor agrees to mingle throughout the crowds after the performance when requested by City and will distribute only city provided materials and will be compensated. 8. Actor agrees not to comment on any Environmental Collection Center agreements or City of Fort Worth policies. If, while performing, Actor is asked a question regarding agreements or policies, Actor will refer the questioner to the City of Fort Worth. 9. Actor agrees to only portray "Captain Crud" at: a. City sponsored events; and b. Other events with the written approval of City. 10.If Actor is portraying "Captain Crud" at the request of another entity and Actor has obtained written approval from City to do such performance, City will ensure that the "Captain Crud" costume is available for the performance. Actor agrees that City will not be responsible for payment for performances 2 requested by other entities and that City will only be responsible for payment for Actor's performances City requests. 4. COMPENSATION I. City Sponsored Event: As fair compensation for the services provided by Actor to City under this agreement: A. Actor arrives at event and portrays "Captain Crud".: 1. City agrees to pay Actor $100.00 (one hundred dollars) per hour that Actor is at the event and the performance takes place, however, Actor will not be paid for any time Actor arrives before "Actor Arrive Time" stated in the confirmation letter. 2. City agrees to pay actor within 15 days of receiving a bill. B. Performance does not take place because of Actor's fault: 1. Actor agrees that he will not be paid for a City event if Actor's performance cannot take place because of Actor's fault, such as, but not limited to; arriving more than 15 minutes later than the "Actor Arrive Time" specified in the confirmation letter and City, in its sole discretion, determines that the performance cannot take place or Actor fails to arrive at event. 2. City will confirm with Actor in writing within 10 days of the event specifying the reasons why the performance did not occur. C. Event is canceled: 1. If a City event is canceled due to an unanticipated event as determined by the City then City shall pay Actor $100.00 per canceled hour for the canceled event within 15 working days of receiving a bill. Unanticipated Events shall mean but not be limited to severe weather events such as hurricanes, tornadoes, floods, ice storms or hail, and other disasters such as fires but not including reasonably anticipated weather conditions for the geographic area of the City. 2. If the City notified Actor at least 30 days in advance of an event and Actor agreed to perform in writing and confirmed his availability and a City event is canceled through no fault of actor, no compensation will be owed to Actor if City notifies Actor by faxing "Event Cancellation Notice" to Actor's Agent at least 15 days before event. If City fails to provide "Event Cancellation Notice" to Actor at least 15 days before event in such case as noted above, City shall pay Actor $100.00 per canceled hour for the canceled event within 15 working days of receiving a bill. 3 11. Performance at a Non City Sponsored Event: If Actor agrees to portray "Captain Crud" for another entity and obtains written approval from City, City will in no way be responsible for any payment owed to Actor for portraying "Captain Crud" at the request of another entity. III. Program Development City agrees to pay Actor $50.00 per hour, with a maximum of 4 hours being paid, to Actor for Program Development. Program Development includes developing magic tricks relating to the presentation outlined in Exhibit "A" and learning what to say at events. Once Actor is ready to present act to City, City shall review act and give comments. If any changes are needed, City shall notify Actor of changes. IV. Fittings for Costume City agrees to pay Actor $50.00 per hour to be fitted for the "Captain Crud" costume. V. Photographic Sessions City agrees to pay Actor $100.00 per hour for any modeling sessions it schedules for City. VI. Video In the event City decides to tape a "Captain Crud" video to promote the Environmental Collection Center, Actor will be paid $100.00 per hour to portray "Captain Crud" for the video. VII. Equipment City agrees to reimburse Actor up to $200.00 for any City approved equipment, tricks or props Actor believes he needs to portray "Captain Crud" once Actor sends City an invoice for the equipment, trick or prop. If City has reimbursed Actor $200.00 for the equipment, tricks or props and Actor believes that another item should be purchased, Actor will contact City and explain through written documentation what additional item(s) are necessary. If City determines, in its sole discretion, that the item should be bought, City shall prepare a written authorization to Actor authorizing the purchase, and shall reimburse Actor for the item(s) within 14 days of Actor presenting an invoice for the item(s). If City determines that the item(s) should not be purchased and Actor purchases the item(s) despite City's determination, City shall in no event be responsible to reimburse Actor for the item(s). The equipment, trick or prop purchased by Actor becomes the property of the City upon City's reimbursement payment for the equipment, trick or prop to Actor. 4 5. PERMISSION TO USE PHOTOGRAPHS & VIDEOS OR FILMS By entering into this Agreement, Actor hereby gives his consent and permission to City to use any photograph, video or film City has of Actor portraying "Captain Crud". Use includes, but is not limited to; publishing, posting on an official web site or putting on television, either network or cable or at neighborhood meetings. 6. INDEPENDENT CONTRACTOR Actor shall operate under this agreement as an independent contractor and not as an officer, agent, servant, or employee of City. Actor shall have the exclusive right to control the details of the work and the services performed hereunder. City shall have no right to exercise any control over or to supervise or regulate Actor 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. 7. TERMINATION This agreement may be terminated by either party with or without cause with thirty days written notice to the other party. 8. CORRESPONDENCE Any written correspondence required by this agreement shall be sent to: Actor Name: Mike Goldberg Address: 415 N. Hampton St. Fort Worth, TX 76102 Telephone: 817-870-1127 Fax: 817-877-3851 City Name: Brian Boerner, Director Address: Environmental Management Department 1000 Throckmorton Fort Worth, Texas 76102 Telephone 817-392-6088 Fax: 817-392-6359 5 Actor and City agree to notify the other party within 30 days of any changes in addresses. 9. 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. 10. ENTIRETY This agreement and attachment "Exhibit A" incorporated herein by reference constitute the entire agreement by the parties hereunder, and any prior or contemporaneous oral or written agreements shall be void. 11. MODIFICATION This agreement may be modified by the mutual agreement of the parties, if the modification is in writing and signed by City and Actor. 12. SEVERABILITY in case any one or more of the provisions contained in the agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this agreement, and this agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 13. VENUE This agreement shall be construed under and in accordance with the laws of the State of Texas, and the venue for any litigation arising from this agreement shall be in Tarrant County, Texas. 14. EFFECTIVE DATE This contract becomes effective on the date the last party signs this agreement. "ACTOR" "CI OF FO ORTH" Date/ Date IMik Goldberg ibby W4t&n Assistant City Manager 6 ATT ST: City Secreta APPROVED AS TO FORM R � Assist nt City Attorn f /1) Contract Authors ation �J Date CITY �6�����VV 7 "EXHIBIT A" FORMAT FOR CAPTAIN CRUD ASSEMBLIES I. Introduction City or school personnel will introduce actor as Captain Crud and help audience come up with a definition of recycling. Actor's brief opening remarks should include the school name where performance is being held, definition of the word "crud", Captain Crud's goal of saving the planet from pollution, and the slogan "Conquer Your Crud" or"Recycle More, Trash Less" -- which will be repeated throughout performance. II. Litter A. Pick up a piece of trash from the floor and ask students if they know what litter is. Define "litterbug." B. Ask students if they know what a litterbug looks like. C. Perform magic sketchpad trick. D. Rope trick. Pick a volunteer. End with "Now that's what I call recycling!" III. Recycling & Reducing Waste A. Hold up "Incredible Shrinking Garbage" bag. Have audience mime size of garbage bag. B. Empty bag on table. Using props, teach audience what can and cannot be recycled in Fort Worth. Let students help by putting recyclables into a city recycle cart and putting trash back in the plastic garbage bag. C. Explain lid removal, rinsing of food containers and other program details. D. When all props are used, ask audience to remember how big the garbage bag was at first. E. Hold up"Incredible Shrinking Garbage" bag to show how much smaller it is. "Recycle More, Trash Less!" IV. Finale A. Ketchup bottle trick for a lasting impression. "Getting rid of litter/trash isn't so hard, if we all help." After actor's exit, city or school personnel will explain handout materials to students.