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HomeMy WebLinkAboutContract 26420 r CITY SECRETARY STATE OF TEXAS § CONTRACT No. 4c�Q COUNTY OF TARRANT § WHEREAS, the Collaborative Leadership Council provides assistance in securing the leadership of major employers and resources of their companies to address workplace issues in Fort Worth and Tarrant County; and WHEREAS, the City of Fort Worth desires to contract with the Collaborative Leadership Council, to secure leadership and resources to address workplace issues which benefit the Fort Worth community; and WHEREAS, the Collaborative Leadership Council 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 Collaborative Leadership Council, ("Contractor") a nonprofit Texas corporation acting by and through T. Ware, its duly authorized Facilitators, do hereby covenant and agree as follows: 1. Contractor covenants and agrees to identify common challenges and collaborative solutions to improve service and conserve public resources by bringing together representatives from Fort Worth's policy making entities, 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 Five Thousand Dollars ($5,000). 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. GkD 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 respondent 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..reaLQ.asserted, arising out of or in connection with the execution, performan 'e, attempted performance 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. EEC �?D C-4 g( �k jV Py0 �'?!!ru N LSINe 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 occurrence and this Contract shall terminate on the last day of the fiscal period 7or w h appropriations were received without penalty or expense to City of any kind �cvI �e r, 1�U 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 If- day of A.D. 2000. ATTEST: CITY OF FORT WORTH C" Gloria Pearson /2-1- 0() Charles R. Boswell City Secretary Assistant City Manager APPROVED AS TO FORM AND LEGALITY: ' Contract Authorization Date Assi tant ity Attorney Date: ATTEST: COLLABORATIVE LEADERSHIP COUNCIL By: T. War ; Facilitators G,VV U lltl 1]V Ji.�i� U � :.tee:• 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 T. Ware or Maya Coursey, known to me to be the person whose names are subscribed to the foregoing instrument and acknowledged to me that the same was the act of the Collaborative Leadership Council and that she executed the same as the act of said Collaborative Leadership 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. '6 1ANET CRANEY ppP :^a y public State of Texas p My comm ss,on Expires M 3FPTEMBER 3.2003 ; Notaryblic in and for 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. J=ai ROSELLA BARNES I*� * NOTARY p 3 C Notary Public in and for L' State of Texas the State of Texas ZF51, Comm. Exp. 03-31-2001 CITY 9RUMly