HomeMy WebLinkAboutContract 30298 "Fry SECRETARY n
PERSONAL SERVICES AGREEMENT`{ r��,� T NO. _ a 7
THIS AGREEMENT is made and entered into this the _?7C#1 day of
2004, by and between the CITY OF FORT WORTH, a home rule
municipal corp tion of the State of Texas, located within Tarrant, Denton and Wise Counties,
Texas (Hereinafter referred to as the "City") and SUMMER-BRIDGE OF FORT WORTH
COUNTRY DAY SCHOOL (hereinafter referred to as the"Contractor"), acting by and through
Joe Breedlove
NOW THEREFORE, in consideration of the mutual covenants herein expressed,the City
and Contractor agree as follows:
1.
The City hereby engages the Contractor,and the Contractor hereby agrees,to provide,furnish
or perform the services to be provided as described below in conjunction with the City of Fort
Worth, Texas Education Agency After School Grant, located at Fort Worth Country Day School.
The Contractor shall commence, carry on and provide such services in accordance with this
Agreement and its attachments and all applicable laws. In providing such services, the Contractor
shall take such steps as are appropriate to insure that the work involved is properly coordinated with
any related work performed by the City.
1. Services to be performed.
Contractor shall provide TEKS-based summer programming for up to 15 youth aged 10-
14 years from middle schools located in high crime, low-income areas of Fort Worth.
The program shall include academic enrichment, a character education component and
parent or mentor involvement.
2. Hours and place of work
Contractor will provide a six-week summer academic program beginning June 2, 2004
and ending July 29, 2004. Services shall be provided at Fort Worth Country Day School
campus facilities with an average of not less than 25 hours of programming per week.
2.
Contingent upon the timely and satisfactory performance of services as described above, City will
pay Contractor $15,000.
Contractor will present the city with an invoice on or before July 28,2004,with payment to be made
within 30 days from the date the invoice is received by the City. All invoices submitted by the
Contractor must detail days and hours of work. All final invoices must be submitted by July 28,
2004. No payments will be made for invoices submitted after July 28, 2004.
3.
The Contractor represents that it has or will secure, at its own expense, all materials, supplies,
machinery,equipment,tools,superintendence,labor,personnel,insurance,and other accessories and
services necessary to provide such services in accordance with the requirements of the City. The
contractor's personnel shall not be employees or considered under any contractual relationship with
the City.
4.
It is expressly understood and agreed that Contractor shall operate as an independent contractor in
each and every respect hereunder and not as an agent, representative or employee of the City.
Contractor shall have the exclusive right to control all details and day-to-day operations relative to
the work performed under this Agreement and shall be solely responsible for the acts and omissions
of its officers, agents, servants, employees, contractors, subcontractors, and invitees. Contractor
acknowledges that the doctrine of respondeat superior will not apply as between the City and
Contractor, its officers, agents, servants, employees, contractors, subcontractors, and invitees.
Contractor further agrees that nothing in this Agreement will be construed as the creation of a
partnership or joint enterprise between the City and Contractor. Contractor understands and
acknowledges that there will be no claims whatsoever against City for insurance, workers'
compensation, or other benefits available to an employee. Contractor represents and warrants
personal payment of all withholdings and deductions, as well as all payments for taxes, insurance,
and workers' compensation, if required to do so by law.
5.
CONTRACTOR AGREES TO DEFEND,INDEMNIFY AND HOLD THE CITY,ITS OFFICERS,
AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS,
LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO,THOSE FOR PROPERTY DAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE
OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR
PERSONAL INJURY,INCLUDING DEATH,THAT MAY RELATE TO,ARISE OUT OF OR BE
OCCASIONED BY(i)CONTRACTOR'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF
THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES,
CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THIS
AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY
RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS,
EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND
CONCURRENT NEGLIGENCE OF BOTH CONTRACTOR AND CITY, RESPONSIBILITY, IF
ANY,SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF
THE STATE OF TEXAS.
Contractor covenants and agrees that City shall in no way nor under an ances be
responsible for any property belonging to Contractor,its members,employees,agents,contractors,
subcontractors, invitees, licensees, or trespassers,which may be stolen, destroyed, or in any way
damaged,and Contractor hereby indemnifies and holds harmless City from and against any and all
such claims. The City does not guarantee police protection and will not be liable for any loss or
damage sustained by Contractor, its members, employees, agents, contractors, subcontractors,
invitees, licensees, or trespassers on any of the premises.
6.
Contractor agrees that if it is a charitable organization, corporations, entity or individual
enterprise having, claiming or entitled to any immunity, exemption (statutory or otherwise) or
limitation from and against liability for damage or injury to property or persons under the
provisions of the Charitable Immunity and Liability Act of 1987, C.P.R.C., § 84.001 et seq., or
other applicable law, that Contractor hereby expressly waives its right to assert or plead
defensively any such immunity or limitation of liability as against City.
7.
Prior to the time Contractor begins work under this Agreement,Contractor shall procure,pay
for and maintain insurance written by companies approved by the State of Texas and acceptable to
City naming the City as additional insured. The insurance shall be evidenced by delivery to City of
executed certificates of insurance and/or certified copies of policies as determined by City. Required
insurance shall be a minimum of$500,000,per occurrence and a minimum of$500,000 aggregate.
Organizations must submit copies of their insurance for Worker's Compensation, if there are
employees. Insurance must meet statutory limits and employer's liability of$100,000 per each
accident/occurrence, $100,000 disease per each employee and $500,000 bodily injury/disease —
policy limit.
8.
This Agreement will be subject to all applicable federal, state and local laws, ordinances,
rules and regulations, including, but not limited to, all provisions of the City's Charter and
ordinances, as amended.
9.
Contractor may not assign,transfer or otherwise convey any of its rights or obligations under this
Agreement to any party without the prior written consent of the City, which consent shall not be
unreasonably withheld or delayed,conditioned on(i)the prior approval of the assignee or successor
and a finding by the City that the proposed assignee or successor is financially capable of completing
the work and(ii)the proposed assignee or successor has executed a written agreement with the City
under which it agrees to assume all covenants and obligations of Contractor under this Agreement,in
which case such assignee or successor shall thereafter be deemed"Contractor"for all purposes under
this Agreement.
�, UA� Leo
10.
Contractor, does hereby agree to assume all the risks attendant to this Agreement, and does
hereby release and forever discharge the City of Fort Worth,their officers,employees,agents,lessees
and contractors of and from any and all liability, claims, suites, demands or causes of action
whatsoever for any property damage or personal injury,including death, sustained or that may arise
in any manner in connection with taking part in this Agreement,whether or not caused by the alleged
negligence of the officers, agents, servants, employees, contractors, subcontractors, licensees or
invitees of the City of Fort Worth. It is further agreed that the acceptance of this Release shall not
constitute a waiver by the City of Fort Worth of any defense of governmental immunity, where
applicable, or any other defense recognized by the Statutes and Court decisions of this State.
11.
Either party may terminate this Agreement immediately without cause by the giving notice in
writing to the other party. Upon termination, the parties shall be released from all obligations
contained in this Agreement except for the indemnification requirements found in Section 5 of this
Agreement.
12.
Subject to the limitations contained herein,the covenants,conditions and agreements made
and entered into by the parties hereunder are declared to be for the benefit of and binding on their
respective successors, representatives and permitted assigns, if any.
13.
It is agreed that in the event any covenant,condition or provision herein contained is held to
be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or
provision shall in no way affect any other covenant, condition or provision herein contained,
provided however, that the invalidity of any such covenant, condition or provision does not
materially prejudice either Contractor or City in connection with the rights and obligations contained
in the valid covenants, conditions or provisions of this agreement.
14.
This written instrument constitutes the entire Agreement by the parties hereto concerning this
Agreement and the obligations of the parties and any prior or contemporaneous oral or written
agreement that purports to vary from the terms hereof shall be void. This Agreement cannot be
modified or amended without the written consent of all the parties hereto and attached and made a
part of this Agreement.
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15.
The waiver by the City of any default or breach of a term, covenant or condition of this
Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or
condition or any other term, covenant or condition of this Agreement, regardless of when the
breach occurred.
EXECUTED on this the day of , 2004
CITY OF FORT WORTH CONTRACTOR
Libby Watson, Assistant City Manager Joe Breedlove, Director
City of Fort Worth Summerbridge School
1000 Throckmorton at Fort Worth Country Day School
Fort Worth Texas 76102 4200 Country Day Lane
817-293-6183 Fort Worth Texas 76104
817-302-3280
City Vendor Number
ATTESTED BY
V4D AS TO FORM AND LEGALITY: �Le
Assistant City/Attorney * j
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