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Home My WebLink AboutContract 34835CiTY ��Cf��`A��"�� G�(VTRAC�' �q� _ _ AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and entered into between THE CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas (hereinafter referred to as "City"), acting by and through Karen L. Montgomery, its duly authorized Assistant City Manager, and TARRANT COUNTY BLACK HISTORICAL AND GENEALOGICAL SOCIETY, INC., a nonprofit Texas organization (hereinafter referred to as "Society"), acting by and through ` � � �� , �_ � �, ,�� , , its duly authorized �, - � � � �� -� (title). RECITALS WHEREAS, City desires to encourage the promotion of historical and cultural activities in the City of Fort Worth; culture; WHEREAS, Society provides opportunities to learn about Fort Worth's black history and WHEREAS, Society desires to establish The Lenora Rolla Heritage Center to be an African American history museum that will develop and facilitate programs that pz•omote history, genealogy and culture; and WHEREAS, City and Society desire to enter into a contract to assist Society in the establishment of The Lenora Rolla Heritage Center to promote historical and cultural activities in the City of Fort Worth. NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT .;f�l�J�l�� : . � .� SVUf:J ii'�i`i :'�;�'%'��?�!�'it`;� i� � u L �� S.;1„ i. �-.� ?, - ��j�( ,�'��li i �� ' J U� .':' �'�:i 1: U'J l� � 2 u' � a � Society shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Society shall have exclusive control of and the exclusive right to control the details of the Renovation 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 Society, 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 Society. It is expressly understood and agreed that no officer, agent, employee, or subcontractor of Society is in the paid service of City. 7. City shall in no way or under any circumstance be responsible for any properiy belonging to Society, its officers, agents, employees, or subcontractors or program participants, which may be lost, stolen, destroyed ar in any way damaged; and Society hereby indemnifies and holds harinless the City, its officers, agents, and employees, from and against any and all claims or suits concerning such property. : SOCIETY COVENANTS AND AGREES TO 1NDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL 1NJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WII�TSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR 1N CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTNITIES AND SERVICES DESCRIBED HEREIN, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS OF CITY; AND SOCIETY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, �V'fl�"..� L �i . 9.�� :jj� a.-�=,- rs�' ^�(� �;77u'�u� J��s"�6�L-`,'1r�� ,� ';;; ,,,, ;,�; .0 �� 17 'f�� .:�ri.,,G1!� "s�� If Society, 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 ar property, Society hereby expressly waives its rights to plead defensively such immunity or exemption as against the City. 10. Society shall not assign or subcontract all or any part of its rights, privileges or duties under this Agreement 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. 11. Society, 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 City. It is agreed and understood that, if City calls to the attention of Society any such violation on the part of Society or any of its officers, agents, employees or subcontractors, then Society shall immediately desist from and coi�rect such violation. 12. Society, in the execution, performance or attempted performance of this contract and Agreement, will not discriminate against any person or persons because of disability, age, familial status, sex, race, religion, color or national origin, nor will Society 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 Society hereby covenants and agrees that Society, its agents, employees and subcontractors have fully complied with all provisions of same and that no Y, - � �� ; � � :. F � I, � .�'f1 .S� }��:-1�JJ�:�r �NJU j( :;� [1_,��1su1�,yA�p.,r " v 5 :; J.. . u ,� •"';;; � ^. �; �;;f j7�S , � '� �� .. �'i �� U�5»: —�.-__ –_,. . .. y. ., . � books, documents, papers and records of the Society involving transactions relating to this Agreement. Society agrees that the City shall have access during normal working hours to all necessary Society facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Society reasonable advance notice of intended audits. Society further agrees to include in all of its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. This Section 14 shall survive the expiration of the term of this Agreement. 15. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments hereunder, City will notify Society of such occun•ence and this Agreement 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. 16. 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, to be effective December l, 2006. ATTEST: r � �`�v� Marty Hendrix City Secretary APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney Date: �_ � �l � � C:��ntract e�u�horiz�tio� I � ^ � 1>ate CITY OF FORT WORTH ��- �Z2 Karen L. Montgomery - ' .�� Assistant City Manager /CFo 7 •i. . ,'..1��.:.4��:i?.. .4a�+-.... . . :f .; 5��,)�:}ct? r:i:��Tr•ii , ;r:�;,:�. �,2�t,?"ip�it.�3�ttlP�tdt�i� ';k ` `i: S =4;47i �e7i1%'pM�:. �e. j� .. •.ar. � , ; i'�.f�_�A�, .i •. � . . . . . , �... � . . ,��.<.". . �.x• ,. , .... TARRANT COUNTY BLACK HISTORICAL AND GENEALOGICAL SOCIETY, INC., a non-profit organization �'� � , �',G `-��.-�1 -; Name: � ��f� �f� � ��/� � Title�/ �?�� C:;'f�l;��,�;°:�l J��SI�'�:�'��i��i V 7 U,L�' �I c�> :? l4 �i�,;!� FJ% � � -•� ,� U, �� ,S 'yi; ;� f,.�;� r �;`t 3 �'� �� Q Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/12/2006 - Ordinance No. 17304-12-2006 & 17305-12-2006 DATE: Tuesday, December 12, 2006 LOG NAME: 03BLACKHISTORIC REFERENCE NO.: **C-21872 SUBJECT: Authorize Execution of a Contract with Tarrant County Black Historical and Genealogical Society, Inc., for Promotion of Historical and Cultural Activities and Adopt Appropriations Ordinances RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing appropriations in the General Fund, Non- Departmental, by $245,000.00 and decreasing appropriations in the General Fund, Public Events Department by $245,000.00; 2. Adopt the attached appropriation ordinance increasing appropriations in the Culture and Tourism Fund, Will Rogers Memorial Center/Fort Worth Convention Center Operations and Maintenance Center by $245,000.00 and decreasing appropriations in the Culture and Tourism Fund, Genealogical Society Center by $245,000.00; and 3. Authorize the City Manager to execute a contract in the amount of $245,000 with the Tarrant County Black Historical and Genealogical Society, Inc for their promotion of historical and cultural activities. DISCUSSION: The Tarrant County Black Historical and Genealogical Society provides a place to learn about Fort Worth's black history and culture. The agency also provides training and archived documents to Fort Worth's citizens. This funding will provide assistance in restoring a historical building in which the Genealogical Society will operate as a museum. During the FY2006-07 budget process, the City Council approved funding in the amount of $245,000 for the Tarrant County Black Historical and Genealogical Society in the Culture and Tourism Fund. However, staff recommends funding the Genealogical Society from General Fund to be consistent with the funding of community agencies. To keep the The Public Events Department whole, Public Events will increase its expenditures in The Culture and Tourism Fund by $245,000.00 to offset the decrease in expenditures in the General Fund. It is proposed that a contract be executed between the City of Fort Worth and Tarrant County Black Historical and Genealogical Society for the period of December 1, 2006 through September 30, 2007. http://www. cfwnet.org/council�acket/Reports/mc�rint.asp 1 /31 /2007 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/12/2006 - Ordinance No. 17304-12-2006 & 17305-12-2006 DATE: Tuesday, December 12, 2006 LOG NAME: 03BLACKHISTORIC REFERENCE NO.: **C-21872 SUBJECT: Authorize Execution of a Contract with Tarrant County Black Historical and Genealogical Society, Inc., for Promotion of Historical and Cultural Activities and Adopt Appropriations Ordinances RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing appropriations in the General Fund, Non- Departmental, by $245,000.00 and decreasing appropriations in the General Fund, Public Events Department by $245,000.00; 2. Adopt the attached appropriation ordinance increasing appropriations in the Culture and Tourism Fund, Will Rogers Memorial Center/Fort Worth Convention Center Operations and Maintenance Center by $245,000.00 and decreasing appropriations in the Culture and Tourism Fund, Genealogical Society Center by $245,000.00; and 3. Authorize the City Manager to execute a contract in the amount of $245,000 with the Tarrant County Black Historical and Genealogical Society, Inc for their promotion of historical and cultural activities. DISCUSSION: The Tarrant County Black Historical and Genealogical Society provides a place to learn about Fort Worth's black history and culture. The agency also provides training and archived documents to Fort Worth's citizens. This funding will provide assistance in restoring a historical building in which the Genealogical Society will operate as a museum. During the FY2006-07 budget process, the City Council approved funding in the amount of $245,000 for the Tarrant County Black Historical and Genealogical Society in the Culture and Tourism Fund. However, staff recommends funding the Genealogical Society from General Fund to be consistent with the funding of community agencies. To keep the The Public Events Department whole, Public Events will increase its expenditures in The Culture and Tourism Fund by $245,000.00 to offset the decrease in expenditures in the General Fund. It is proposed that a contract be executed between the City of Fort Worth and Tarrant County Black Historical and Genealogical Society for the period of December 1, 2006 through September 30, 2007. http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 1 /31 /2007 Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendation and adoption of the attached appropriation ordinances, funds will be available in the current operating budget, as appropriated, of the General Fund and Culture and Tourism Fund. TO Fund/Account/Centers GG01 539120 0906200 GG04 539120 024500 FROM Fund/Account/Centers $245,000.00 GG01 539120 0252000 $245,000.00 $245,000.00 GG01 539120 0906200 $245,000.00 GG04 539120 0243030 $245,000.00 Submitted for City Manager's Office b�[: Originating Department Head: Additional Information Contact: Karen Montgomery (6222) Bridgette Garrett (8518) Erin Roseman (8512) http://www. cfwnet. org/council�acket/Reports/mc�rint. asp 1/31 /2007