HomeMy WebLinkAboutContract 26483 STATE OF TEXAS § CITY SECRETARY
CONTRACT NO. 4, ,�
COUNTY OF TARRANT §
WHEREAS, the Imagination Celebration Fort Worth, Inc. provides cultural and
arts programs for 80,000 Fort Worth school-age children each year through leading
cultural institutions in Fort Worth and Tarrant County; and
WHEREAS, the City of Fort Worth desires to contract with Imagination
Celebration Fort Worth, Inc., to secure a broad range of cultural and artistic experience
for Fort Worth school-age children; and
WHEREAS, Imagination Celebration Fort Worth, Inc. 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 Imagination Celebration Fort Worth, Inc., ("Contractor") a nonprofit Texas
corporation acting by and through Ginger Head, its duly authorized Executive Director,
do hereby covenant and agree as follows:
1.
Contractor covenants and agrees to provide program services for youth in Fort
Worth, giving school age children their first exposure to the arts. The 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, a sum of which will not, on an
annual basis, exceed the total of Twenty-Five Thousand Dollars ($25,000).
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,imm_a St
an and all claims or suits for property loss or damage and/or persona r`u irtii
Y P P Y 9 P � �Y' 9
death, to any and all persons of whatsoever kind or character, whether real for astbrt d,
arising out of or in connection with the execution, performance, 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. 10j711 Al EK00RD
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. R� w i�,vM� yao
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 for which
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 ',Zl day of
A.D. 200f.
ATTEST CITY OF FORT WORTH
f
By: �.
Gloria earson �_,�_� Charles R. Boswell
City Secretary Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
e Contract Authorization
Assi'staik City Attorney / Date
Date:
ATTEST: IMAGINATION CELEBRATION
By: DA (1A q0'0-4j
V
GTnj er H eA d
Executive irector JIF cc:i ''�L ?(�;�����`fQ
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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 Ginger Head, 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 Imagination Celebration and that she executed the same as the
act of said Imagination Celebration 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.
INET CRANE
Dubuc State of Texas
Cemmiss,on Expires l
' EPTEMBER 3,2003
T Notary Pubic in and for
the State ol 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 o2ljR day of
A10q' X44' , A.D. 2000.
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ROSELLA BARNES 4421�
Mf d, NOTARY PUBLIC
State of Texas
Notary Public in and for
the State of Texas
���} Comm. Exp. 03-31"20
City of Fort Worth, Texas
4velvor and Council Communication
DATE REFERENCE NUMBER I LOG NAME PAGE
1/2/01 C-18410 021MAGINATION 1 of 2
SUBJECT CONTRACT WITH IMAGINATION CELEBRATION FORT WORTH, INC.
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with
Imagination Celebration Fort Worth, Inc. in the amount of$25,000.
DISCUSSION:
The Kennedy Center Imagination Celebration program was begun in 1977 as an outreach project of the
John F. Kennedy Center for the Performing Arts. It was created to develop arts awareness in school
children and an arts alliance between educators, their arts counterparts, and the community cultural
network.
Imagination Celebration Fort Worth, Inc., a seed of that program, was created and developed through a
partnership between the Fort Worth Independent School District and the community cultural network.
Imagination Celebration Fort Worth, Inc. has since become an independent non-profit organization.
In most communities the Imagination Celebration programs center around art festivals for young
people. In Fort Worth, Imagination Celebration Fort Worth, Inc. offers a year long program that
coordinates and partially funds the educational outreach programs of the leading arts and cultural
institutions in our area. All programs are co-curricular and intended not only to enrich students learning
experiences, but also to be a direct component of daily classroom curriculum and to relate to the basic
elements of learning.
Through Imagination Celebration partnerships, a large numbers of students are reached with their first
exposure to the arts. Particularly targeted are students with special needs and those from lower socio-
economic levels.
It is proposed that a contract be executed between the City and Imagination Celebration Fort Worth,
Inc. for the period of October 1, 2000, through September 30, 2001.
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City of Fort Worth, Texas
"Avow AndC ounc"il Communicadon
DATE REFERENCE NUMBER LOG NAME PAGE
1/2/01 C-18410 021MAGINATION 2 of 2
SUBJECT CONTRACT WITH IMAGINATION CELEBRATION FORT WORTH, INC.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the General Fund.
CB:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Charles Boswell 8511 MY COUNCIL
Originating Department Head:
Bridgette Garrett 8518 (from) JAN 2 P0gl
GG01 539120 0906200 $25,000 Zt
Additional Information Contact: *.,�`t "j
city sometarp of the
city of Fort Worth,4bxf—
Bridgette Garrett 8518