HomeMy WebLinkAboutContract 32355 P
CITY SECRETARY
, J CONTRACT NO.�--
PROFESSIONAL PERFORMANCE AGREEMENT
THIS AGREEMENT is entered into by and between the City of Fort Worth,
Texas, a home-rule municipality situated in Tarrant County, Texas, hereinafter
called "City," acting herein by and through Joe Paniagua, its duly authorized
Assistant City Manager, and Ballet Folklorico Azteca de Fort Worth, Inc.,
hereinafter called "BFA", a professional performing company.
1.
TERM
The term of this Agreement shall begin the date both parties have executed this
Agreement and shall terminate September 30, 2005.
2.
BFA'S OBLIGATIONS
1. BFA agrees to perform at the City of Fort Worth's Hispanic Heritage
Employee Celebration on Thursday, September 22, 2005 (hereinafter the
"Event").
2. BFA agrees to arrive at Event by eleven (11) o'clock in the morning and stay
until the "Performance End Time" as specified by City in a subsequent letter.
In the event that BFA will not be able to arrive by eleven (11) o'clock in the
morning, BFA agrees to contact Ivette Ray at 817-691-2157 as soon as BFA
is aware of such delay.
If BFA arrives more than thirty (30) minutes later than eleven (11) o'clock in
the morning and the BFA's performance cannot take place, as determined by
City in its sole discretion, BFA acknowledges and agrees that BFA will not be
paid for the event and shall refund City's deposit, if applicable.
3. BFA agrees to follow the presentation outline, attached as "Exhibit A" which is
incorporated into this Agreement as if fully set forth herein.
4. BFA agrees to provide City with a music CD to be used during its
performance along with a list of songs that will be played from the CD and the
order in which those songs should be played. The City shall return the CD to
BFA.
5. BFA shall sign up as an official City vendor via the City of Fort Worth website
no later than September 15, 2005.
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3.
CITY'S OBLIGATIONS
1. City agrees to designate a representative to coordinate all services to be
performed pursuant to this Agreement.
2. City agrees that it will provide a stage for SFA's performance on September
Thursday, September 22, 2005 and such stage's dimensions shall be 24 feet
by 30 feet.
3. City shall provide a sound system and a City representative to manage the
sound system.
4.
COMPENSATION
As fair compensation for the services provided by BFA at the Event on
Thursday, September 22, 2005 to City under this Agreement, City shall pay
BFA $200 for the one time performance by BFA.
5.
DUTY TO PERFORM
1. The Event shall be canceled if an unanticipated event as determined by the
City occurs. Unanticipated event 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. If the City cancels the Event
due to an unanticipated event then BFA shall not be entitled to keep the
deposit made by the City.
2. BFA performance as described herein is subject to proven detention by
sickness, accident or other conditions beyond the control of BFA. Upon
concurrence with the City that the detention was beyond BFA's control, then a
full refund of any and all deposits made by City shall be returned.
6.
PERMISSION TO USE PHOTOGRAPHS & VIDEOS OR FILMS
By entering into this Agreement, BFA hereby gives its consent and permission to
City to use any photograph, video or film City has of BFA performing. 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.
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7.
INDEPENDENT CONTRACTOR
BFA shall operate under this Agreement as an independent contractor and not as
an officer, agent, servant, or employee of City. BFA 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
BFA 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.
8.
TERMINATION
This Agreement may be terminated by the City without cause with thirty (30) days
written notice to BFA. This Agreement may also be terminated at any time by the
City with cause and upon notice to BFA.
9.
INDEMNIFICATION
BFA SHALL INDEMNIFY, RELEASE AND HOLD THE CITY AND ITS
OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM ANY LOSS,
DAMAGE, LIABILITY OR EXPENSE FOR DAMAGE TO PROPERTY AND
INJURIES, INCLUDING DEATH, TO ANY PERSON, INCLUDING BUT NOT
LIMITED TO OFFICERS, AGENTS OR EMPLOYEES OF BFA OR
SUBCONTRACTORS, WHICH MAY ARISE OUT OF ANY ACT, ERROR OR
OMISSION IN THE PERFORMANCE OF BFA'S SERVICES. BFA SHALL
DEFEND AT ITS OWN EXPENSE ANY SUITS OR OTHER PROCEEDINGS
BROUGHT AGAINST THE CITY, ITS OFFICERS, AGENTS AND
EMPLOYEES, OR ANY OF THEM, RESULTING FROM SUCH ACT, ERROR
OR OMISSION; AND SHALL PAY ALL EXPENSES AND SATISFY ALL
JUDGMENTS WHICH MAY BE INCURRED BY OR RENDERED AGAINST
THEM OR ANY OF THEM IN CONNECTION THEREWITH RESULTING
FROM SUCH ACT, ERROR OR OMISSION.
10.
CORRESPONDENCE
Any written correspondence required by this Agreement shall be sent to:
BFA
Name: Ballet Folklorico Azteca de Fort Worth, Inc.
Address: P.O. Box 64311
Fort Worth, TX 76164
Telephone: 817-732-1247 or 817.335.9900 ext.23
Fax: 817-335-9955
City
Name: Anna Marie Garcia
Address:
1000 Throckmorton
Fort Worth, Texas 76102
Telephone 817-392-7877
Fax: 817-392-8654
BFA and City agree to notify the other party of any changes in addresses.
11 .
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.
12.
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.
13.
MODIFICATION
This Agreement may be modified by the mutual consent of the parties, if the
modification is in writing and signed by City and BFA.
14.
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.
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CITY
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15.
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.
16.
EFFECTIVE DATE
This Agreement becomes effective on the date the last party signs this
Agreement.
"BFA" "CITY"
Date l� . -ys Date
BY:a Joea i gu
Ass to t Cit Manager
WITNESS: ATTEST:
By Marty Hendrix
City Secretary
APPROVED AS TO FORM AND
LEGALITY
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Christa L ez
Assistant City Attorney
NO M&C Required