HomeMy WebLinkAboutContract 26462 CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, the Arts Council administers the Neighborhood Arts Program to
provide the funding and leadership to stimulate and assure the advancement of the Arts
throughout the entire community; and
WHEREAS, the City of Fort Worth desires to contract with the Arts Council
Neighborhood Arts Program to provide such funding and leadership; and
WHEREAS, the Arts Council Neighborhood Arts Program has offered to provide
such services to citizens of the City of Fort Worth;
NOW, THEREFORE, THIS CONTRACT FURTHER WITNESSETH:
That for and in consideration of the mutual covenants, promises and agreements
contained herein, the City of Fort Worth ("City"), a home-rule municipal corporation
acting by and through Charles R. Boswell, its duly authorized Assistant City Manager,
and the Arts Council Neighborhood Arts Program, ("Contractor") a nonprofit Texas
corporation acting by and through Flora Maria Garcia, its duly authorized Executive
Director, do hereby covenant and agree as follows:
1.
Contractor covenants and agrees to provide stimulation of local efforts to
encourage communities to participate in the arts through funding of small centers and
theaters in neighborhoods which have limited access to such resources in Fort Worth,
such services to be provided for a period beginning October 1, 2000, and ending
September 30, 2001.
2.
In consideration of the services to be performed hereunder by Contractor, City
promises and agrees to pay Contractor in one installment, the sum of Two Hundred and
Eighty Thousand Dollars ($280,000).
At the end of each three-month quarter during the term hereof, Contractor shall
submit a report of its services rendered during each quarter and be subject to a review
by City of its services.
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3.
Either party may cancel this contract upon thirty (30) days' notice in writing to the
other party of such intent to terminate. In the event of such termination, City shall
reimburse Contractor in the services performed up to the date of termination.
4.
Contractor covenants and agrees to fully cooperate with City in monitoring the
effectiveness of the services to be performed under this agreement, and City shall have
access at all reasonable hours to offices and records of Contractor for the purpose of
such monitoring.
5.
Contractor shall operate hereunder as an independent contractor and not as an
officer, agent, servants, or employee of the City of Fort Worth. Contractor shall have
exclusive control of and the exclusive right to control the details of the services
performed hereunder, and all persons performing same, and shall be solely responsible
for the acts and omissions of its officers, agents, servants, employees, subcontractors
and program participants. The doctrine of respondeat superior shall not apply as
between the City and contractor, its officers, agents, servants, employees,
subcontractors, or program participants, and nothing herein shall be construed as
creating a partnership or joint enterprise between City and Contractor. It is expressly
understood and agreed that no officer, agent, employee, or subcontractor of Contractor
is in the paid service of the City of Fort Worth.
6.
City shall in no way or under any circumstance be responsible for any property
belonging to Contractor, its officers, agents, employees, or subcontractors or program
participants, which may be lost, stolen, destroyed or in any way damaged; and
Contractor hereby indemnifies and holds harmless the City, its officers, agents, and
employees, from and against any and all such claims or suits.
7.
Contractor covenants and agrees to indemnify, hold harmless and defend, at its
own expense, the City, its officers, agents, servants, and employees, from and against
any and all claims or suits for property loss or damage and/or personal injury, including
death, to any and all persons of whatsoever kind or character, whether real or asserted,
arising out of or in connection with the execution, performance, attempted performance
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or nonperformance of this contract and agreement, and/or the services performed
hereunder, whether or not cause, in whole or in part, by alleged negligence of officers,
agents, servants, or employees of the City of Fort Worth; and Contractor hereby
assumes all liability and responsibility of City, its officers, agents, servants and
employees, for any and all claims or suits of property loss or damage and/or personal
injury, including death, to any and all persons, of whatsoever kind of character, whether
real or asserted, arising out of or in connection with the execution, performance,
attempted and/or the services performed hereunder, whether or not cause, in whole or
in part, by alleged negligence of officers, agents, servants, or employees of City.
In the event it is determined that Contractor has misused, misapplied or
misappropriated all or any part of the funds provided hereunder, Contractor agrees to
indemnify, hold harmless and defend the City of Fort Worth, its officers, agents,
servants, and employees, from and against any and all claims or suits resulting from
such misuse, misapplication or misappropriation.
8.
If Contractor, as a charitable or nonprofit organization, has or claims an immunity
or exemption (statutory or otherwise) from and against liability for damage or injury,
including death, to persons or property, Contractor hereby expressly waives its rights to
plead defensively such immunity or exemption as against the City.
9.
Contractor shall not assign or subcontract all or any part of its rights, privileges or
duties under this contract without the prior written consent of City, and any attempted
assignment of subcontract of same without such prior written approval shall be void and
constitute a breach of this agreement.
10.
Contractor, its officers, agents, employees and subcontractors, shall abide by
and comply with all laws, federal, state and local, including all ordinances, rules and
regulations of the City of Fort Worth. It is agreed and understood that, if City calls to the
attention of Contractor any such violation on the part of Contractor or any of its officers,
agents, employees or subcontractors, then Contractor shall immediately desist from and
correct such violation.
11.
Contractor, in the execution, performance or attempted performance of this
contract and agreement, will not discriminate against any person or persons because of
sex, race, religion, color or national origin, nor will Contractor permit its officers, agents,
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 Contractor hereby covenants and agrees that Contractor,
its agents, employees and subcontractors have fully complied with all provisions of
same and that no employees, or employee-applicant has been discriminated against by
the terms of such ordinance by either Contractor, its agents, employees or
subcontractors.
12.
Contractor shall furnish a certificate of insurance as proof that it has secured and
paid for a policy of public liability insurance covering all public risks incident to or in
connection with the execution, performance, attempted performance or nonperformance
of this contract and agreement.
Such amounts shall be as follows:
Property damage, per occurrence $100,000
Bodily injury or death, per person $250,000
Bodily injury of death, per occurrence $500,000
with the understanding and agreement Contractor that such insurance amounts shall be
revised upward at City's option and the Contractor shall revise such amounts within
thirty (30) days following notice to Contractors of such requirements.
Contractor further agrees that it shall comply with the Worker's Compensation
Act of Texas and shall provide sufficient compensation insurance to protect Contractor
and the City of Fort Worth from and against any and all Worker's Compensation claims
arising from the work and services provided under this contract.
13.
In the event no funds or insufficient funds are appropriated by the City in any
fiscal period any payments hereunder, City will notify Consultant of such _occurre
and this Contract shall terminate on the last day of the fiscal period for W`6
appropriations were received without penalty or expense to City of any kind whatsoever
except as to the portions of the payments herein agreed upon for which funds shall
have been appropriated.
14.
This written instrument constitutes the entire agreement by the parties hereto
concerning the work and services to be performed hereunder, and any prior or
contemporaneous, oral or written agreement, which purports to vary from the terms
hereof shall be void.
15.
Should any action, whether real or asserted, at law or in equity, arise out of the
execution, performance, attempted performance of this contract and agreement, venue
for said action shall lie in Tarrant County, Texas.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in
multiples in Fort Worth, Tarrant County, Texas, this -?t, s'`t day of
a" `u- , A.D. 2000.
AT T EST-. CITY OF FORT WORTH
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Glo is Pearson /���20-6 Charles R. Boswell
City Secretary Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
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contract Authorization
Assistant Oy Attorn
Date
Date:
ATTEST: ARTS COUNCIL
NEIGHBORHOOD ARTS COUNCIL
, By:
Flora aria rcia
Executive Director ---
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Flora Maria Garcia, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me
that the same was the act of the Arts Council and that she executed the same as the act
of said Arts Council for the purpose and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
A.D. 2000.
MOLDS
•�'' Texas Notary PulAd in and for
-•J3 3 the State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Charles R. Boswell, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me
that the same was the act of the City of Fort Worth for the purpose and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
A.D. 2000.
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BAR�4�::PUBUC e Notary Public in and for
Texas ! the State of Texas
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City of Fort Worth, Texas
"61yor And coun"K Communication
DATE REFERENCE NUMBER LOG NAMEPAGE
11114/00 **C-18339 02ARTS 1 of 1
SUBJECT CONTRACT WITH THE ARTS COUNCIL OF FORT WORTH AND TARRANT COUNTY
FOR THE NEIGHBORHOOD ARTS PROGRAM
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with the Arts
Council of Fort Worth and Tarrant County for the period of October 1, 2000, through September 30,
2001, at a cost not to exceed $280,000.
DISCUSSION:
During the FY2000-01 budget process, the City Council approved financial support in the amount of
$280,000 for the Arts Council of Fort Worth and Tarrant County to continue with their Neighborhood
Arts Program, which offers financial assistance to non-profit organizations in Fort Worth for projects that
enhance the cultural and artistic life of the community.
The Neighborhood Arts Program serves the City's low-income neighborhood residents, primarily
children, by providing funding for local art groups to develop and execute mentoring and participation
programs in the visual and performing arts. The program delivers specially designed in-school
performances, and presents free or very-low cost public performances in Neighborhood Arts Program
centers and in other community settings on evenings and weekends.
It is proposed that a contract be executed between the City of Fort Worth and the Arts Council of Fort
Worth and Tarrant County for the period of October 1, 2000, through September 30, 2001.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the General Fund.
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to) APPROVED
Charles Boswell 8511 CITY COUNCIL
Originating Department Head:
N O V 14 2=
Charles Boswell 8511 (from) �''11
GG01 539120 0905500 $280,000.00 ® 1 �
Additional Information Contact: City Seaetary of the
City of Fort Worth,Texas
Bridgette Garrett 8518