HomeMy WebLinkAboutContract 47819 REGLI �ti CITY'SECRETAW
Memorandum of Understanding CONTRACT NO, 01M
MAY 2 51
-'This Memorandum of Understanding ("Agreement") is made on April 18, 2016 by and between YMCA
('-!TY OF FORT V --Metropolitan Fort Worth, 512 Lamar, Fort Worth, Texas, 76102, hereinafter "YMCA FW" and The
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City of Fort Worth, hereinafter the "City", and collectively called the"Parties". The parties hereby bind
themselves to undertake this Agreement under the following terms and conditions:
TERM: The term of this Agreement shall be from execution of this Agreement until completion unless
terminated sooner in accordance with the terms of this Agreement(the"Term").
OBLIGATIONS OF THE PARTIES:
The YMCA of Metropolitan Fort Worth will provide:
1. Group Exercise instructor to lead group exercise classes at Fort Worth City Hall,Fort Worth
Convention Center, and/or HAWS on the agreed upon days/times weekly.
2. A monthly invoice to The City of Fort Worth with amount equal to$65 per class.
The City of Fort Worth shall perform the following obligations:
1. Provide the YMCA FW with appropriate space to hold group exercise classes.
2. Will pay monthly invoice provided by YMCA FW within thirty(30)days.
This Agreement, consisting of two pages, represents the entire agreement between the parties and
supersedes all prior discussions and negotiations, representations and agreements, whether written or oral
as related to the services provided under this Agreement.
By executing this Agreement, the parties do not intend to enter a legal partnership, as that term is used to
describe a legal entity and to involve joint and several liabilities. YMCA FW shall operate hereunder as
an independent contractor and not as an officer, agent, servant or employee of the City. Likewise, the
City shall operate hereunder as an independent contractor and not as an officer, agent, servant or
employee of YMCA FW. Neither Party shall be responsible under the Doctrine of Respondeat Superior
for the acts and omissions of the officers,members, agents, servants, employees, or officers of the other.
Nothing in this Agreement is intended to conflict with any current laws or regulations or with the
directives of the City of Fort Worth. The provisions of this Agreement are severable and if for any reason
a clause, sentence, paragraph or other part of this Agreement shall be determined to be invalid by a court
or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid provision.
The parties agree the Agreement may be modified at any time by written consent of all parties involved.
The Parties agree that either party may terminate this Agreement upon 10 days written notice to the other
Parties in their sole and absolute discretion, on or before the end of the term.
Nothing in this Agreement shall be deemed as a waiver by the City of any of its governmental powers or
immunities.
This Agreement is executed for the benefit solely of the Parties and shall not inure to t.e e
other persons or entities. OFFICIAL RECORD
CITY SECRETAW2
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The Parties agree that neither shall be liable for any injuries or damages sustained by a participant in the
group exercise classes and that such participants of the group exercise classes participate at their own risk.
This Agreement may be executed in counterparts, each of which when so executed and delivered shall be
considered an original, but such counterparts shall together constitute one and the same instrument and
agreement. Any signature delivered by a party by facsimile or other electronic transmission (including
email transmission of a portable document file (pdf) or similar image) shall be deemed to be an original
signature hereto.
IN WITNESS WHEREOF, we the undersigned, as authorized representatives of the named Party, do
hereby approve this document.
YMCA of Metropolitan Fort Worth:
By: —Un - Al rP1
Date: Zd ! �o
City of Fort Worth
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City MAnaJt,Z
Date: Sm I l U
No M&C Required
Form 1295 Certification No:NOT REQUIRED OFFICIAL RECORD
CITY SECRETARY
This agreement does not require City Council approval. FT,WORTH,TX
APPROVED AS TO FORM AND LEGALITY:
Stant City Attorney ;
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Ronald P. Gonzales,Asst. City See
Notary °
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