The URL can be used to link to this page

Home My WebLink AboutContract 28129i 1 -" [ STATE OF TEXAS § � �� .�.�� l � ��N�`f��l�� i�6. � - l COUNTY OF TARRANT � ' - WHEREAS, the �magination Celebratian Fort Worth, Irtc. provides year iong cultural and art programs for Fart Workh sc�ool-age ehildren each year througf� partnerships with leading cultural institufions ir� Fort Worth and Tarrant County; and WHEREAS, t�e City of Fort Wor�h des�res to contract wifh lmagination Cefebration Fort Worth, Inc., to s�cure a broad range of cul�ural and ar�istic experience for F'ort Worth school-age ch�ldren; and WHEREAS, lmaginat�on Celebration For� Worth, lnc. has offered to pro�ide such s�rvices #o ciiizens of the City of Fort Warkh; NOW, THEREFORE, THIS CONTRACT �URTHER WITNESSETH: That for and in cpnsideration of #he mutual co�enants, promises and agreements contained herein, the City of Fort Worth ("City"), a home-rul� municipa� corporation acting by and through Charles R. Boswell, its dufy authorized Assistant City Manager, and fhe fmagEnation Cefebration Fort Worth, [nc., ("Contracto�"} a nonprofit Texas corporation acting by and thro�gh Ginger Head, i�s dufy authorized Executive Directar, do hereby covenant and agr�e as follows: 1. Contractor covenants and agrees to pravide program services for youth in Fort Worth, giving school age children their first expasure to tf�e arts. These services are #o be pro�ided for a p�riod beginning October 1, 2Qa2, and ending September 3Q, 20Q3. 2. In consrc�eration ofi the services to be performed hereunder by Contractor, City promises and agrees to �ay Contract�r the sum of F�fty Thousand Dollars ($50,000}. At t�e end of each three-mvnfh quarter during the. term hereof, Contracfor shall submif a report [Exhibit A] of ifs services rendered cluring each quarter and be subject to a review by the City of its services and activities in perFormance of this contracf, 3. Either party may cancel this contract upon thirty (30} days' r�o#ice in wr.it�� rre other party af such infent fo termi�ate. [n the event of such ter�ni�,a�io.n, ;.E��y��.s��lf , f reimbUrse Corttractor for the services performed up to �he dafe of terrYiir�ation ; re •ti� �ii1"1 Contractor covenan�s and agrees �o fully cooperate with City in moniforing fhe effec#iveness of the services #o be performed under this agreement, and Cify shall na�e access at all reasonable hours to offices and records of Contractor for the pur�aose of such monitoring. 5. Contractor shaA operate hereunder as an indepe�dent contractor an� not as an officer, agent, servant, or employee of the City of Fort Wor�h. Confractor sha11 ha�e exelus��e control of and the exclusive righ� to cantrol fihe de�ails af the services �er�ormed hereunder, and all persons perForming same, and shall be solely responsible for the acts and omissior�s of its officers, agents, servants, employees, subcor�traciors and program participanfs. The doctrine of respondeaf superior sf�all �ot appfy as between the Cifiy and contractor, its officers, agenfis, servants, employees, subcontractors, or program participants, and nothing herein shall be cor�s�rued as creat�ng a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed t}�at no ofFicer, agent, employee, or subcontracto� of Contractor is in the paid serrrice af tf�e City of Fort Vllorth. 6. Cify shall in no way or under any circumstance be responsi�le for any property belonging to Cantractor, its officers, ag�r�ts, employees, or subcontractors or program participants, which may be lost, stolen, destroyed or in any way damaged; and Contractor F�ereby indemn�ties and holds harmless the City, its o�Ficers, agenfis, and employees, from and against any and aIl claims or suits concerning such property. 7. Contractor cover�an#s and agrees fo indemnify, hold harmless and defend, at its awn expense, the City, ifs officers, agents, servants, and employees, from and agains# any and afl claims or s�its for property Ioss or darnage andlor personal injury, ineluding death, to any and aIl persons o� whafsoever kind or character, whether real or asserted, arising out of or i� connection with the execution, performance, attempted perfarmance or nonperformance of fhis cantract and agreement, andlor the services per�ormed hereunder, whefher or not cause, in whole or in part, by alleged n�egligence af officers, agents, servants, or em}�loyees of the City ofi Fort Wor�h; and Contractor here��:, ` assumes al! liability and responsibili#y of Cify, its officers, agents, servants..�r��., �, � i , � f � �.� emp�oyees, �or any and all claims or suits of properiy [ass or damage andlor personal injury, incl�ding deat�, to any and al! persons, of whatsoever kind of charac�er, whefher real or asserted, arising out of or . in connection with the execution, perFormance, attempted andlor the services perFormed hereunder, whether or not cause, in whole or in part, by alleged negligence of officers, agents, sej-var�ts, or employees ofi City. ln the event it is determined that Contractor has mis�ased, misapplied or misappropriated all or any pa�# of the �unds provided hereunder, Cantracfior agrees to ind�mnify, f�old harmless and defend tF�e Ci�y of Fort Wortf�, i�s officers, agenfs, servants, and �mployees, from a�d against any and all claims or suits resulting from such misuse, misapplicafion or misappropriation. 8. If Confractor, as a cf�arifiable or nonprofit organizafiion, has or claims an immunity or exemption (sfatutory or ofiherwise) from and against liabilify for damage or injury, incfuding d�ath, to persons or pro�erty, Contracfor here�y expressfy waiues its rEghts to pl�ad defensively s�ch �mmunify or exemption as agair�st fhe City. 9. Contractor shaCl not assign or subcontract ali or any part of its rights, privileges or duties under this contract withvut the prior written consent of City, and any attempted assignment of subcontract of same wifhou� such prior written approvai shaq be void and � consfii�ufie a breach of �his agreement, 90. � Contractor, i�s officers, agents, employees and s�bcontractors, shall abide by and compfy with al! laws, federal, sfate and local, inc[uding all ordinances, rules and reg�lations of the City of Fort Warth. It is agre�d and understood that, �f City calls #o fhe attentiort of Contractor arty suc� �iolation on fhe part of Contractor or any of its ofFicers, agents, employees or sui�contractors, then Corttracfor shail immediafely desist from and correct such uiolation. 11. Contrac�or, in the execu�ion, performance or attsmpted performartce of fhis contract and agreement, wilf not discriminate against any person or persons because af. sex, race, rel�gion, cofor or national origin, nor wiil Con#rac�r�,,��r,mi� it��i�a�+s agents, � employees, or su�eontractors to engage m such discrimma�io�i. . . �� . , `x This agreement is made and entered info with reference specifically to Chapter 17, Article II�, Division 3, af t�e City Code o� the Cifiy of For� Wor�h ("Discriminafion in EmploymEt�� Pracfices"), and Contractor hereby covenants and agrees that Contractor, its agenfs, employees and subcontractors have fulfy complied with af! pra�isions of same and that no employees, or empfoyee-applicant has been discriminated against by ei�her Contracfor, i�s agehts, employees or subcontractors. 12. Cantrac�ar shall furnish a certificate of insurance as proof that it has secured an� paid for a�olicy of public liability insurance co�ering al1 publfc risks incident to or ir� connecfian wit}� fi�e execution, performance, attempted perFormanee ar nonp�rformance of this contract and agreement. Such amounts shali be as fioliows: . Praper�y damage, per occurrence $140,000 Bodily injury or death, per persor� $250,000 Bod�ly injury of death, per occurrence $500,000 wifh the understanding and agreement Contractor that s�ch insurance amourtts sl�all be �'evised upward at Cify's option and the Contractor shall revise such amounfs wi�hin thirty {30) days folfowing notice to Contractors of such requirements. Contractor further agrees that it shall comply wit� the Worker's Com�ensation . F Act ofi Texas and sha[I provide sufficient compensation insurance to �rotect Contractor and i�ie City of Fort Worth from and agairtst any and afl Worker's Compensation claims arising f�om #he work and services �aravided under tF�is contract. 13, In the e�ent no funds or ir�sufficient funds are appropriated by the City in any fisca] periad any paym�nts hereunder, City will notify Consultant ofi such occurrence and this Contract shall terminate an the last day of the fiscal period �or wF�ich appropriations were recei�ed wi�hout penaity or expense to CitJr af any kind whatsoever, except as to ihe portions of the payments herein agreed upon for which funds shafl hav� been appropria�e�. 14, Ti�is written instrument consfitutes ti�e entire ac�r.ePment b� �t�€� p�rties herefo ,� . . cancarning the work and services �o be perForme� herewnd�'r;. .a�� ny prior or I ,,. �,, r > contemporar�eaus, ora� or written agreemen�, which purpo.rts to vary from the terms hereof shall be void. �5. Should any action, whether real or asse�ted, at law or in equity, aris� out of the execution, performance, attempied �erformance of this contract and agreemenf, venue for said action shal! lie in Tarrant County, Texas. IN WITNESS WHEREOF, the parties herefo have exec ted this agreemenfi in m Eples in Fort Worth, Tarrant County, Texas, this [� day of - �� , A.D. 2�02. ATTE T: � �' A � � �foria earson City Secretary � APPROVED AS TO FORM AND LEGALITY: _ f nC '� { Assist City Attorney � Da�e: ATTEST: CITY OF FORT WORTH By: �, �,. ��-� Charles R. Boswell Assistant City Manager -- �-� �� - Con�ract Rt�thaxi�s�ion ' ��l�(�',-� . .� �ate IMAGINATION CELEBRATION �- By' � � Ginger He � , Ex�cutive ' ector ,� .. �,� ,: '�� OY � ', ,� _ ` STATE O F TEXAS COUNTY OF TARRANT 0 �� BEFORE ME, #he undersigned authority, a Notary Pub[ic in and for the Sfate of Texas, on fhis day personalfy appeared Ginger Head, knawn to me to be the person whose name is subscribed to the foregoing instrument and acknowiedged to me that the sarne was the act of �he Imagination Celebration and that she executed the same as the ac# of said Imaginaiian Celebration for fhe purpose and consideration therein expressed ar�d in the capacity �herein sfiated. GIVEN UNDER MY HAND AN❑ SEAL OF �FFIGE this ��,�� , A.D. 20D2. �V'�'YP�� M61N� �7�R�j� �� ara�r�s��cs� a� '�.��4�� CQiMI�d,IOM EfIPIR#�: _.s��t�� STATE OF TEXAS COUNTY OF TARRANT � � �� day of J' ,�� ,. - ,�%� tary Public i� and for � the taf� ofi T�xas BEFORE ME, the undersigned authority, a Notary Public in and for the Sfiafie of Texas, on this day personally appeared Charles R. Boswell, known to me to �e the persan whose name is subscribed fio the foregoing instrum�nt and acknowleciged fio me fhat the same was the act of the City of For� Worth �For �he purpose and consideration fherein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE t�is �7 �e-�.eti , A. D. 2DD2. � �.�»p� ROSELLA BARN�S �� NOTARYPUBLIG �N�� State of Texas �.'�of�� Comm. Exp. 03-31-2005 ; _ o . -, . , _-, _-„ . .-., , ,.-� � ti , . .- . �3 "� day of �. �'�.�.w.�-�--� Notary Pu�lic in and for the State of T�xas I1VIRGINA I I�IV ��710N FORT �ORib �Xbl�l�' � ��G�4M ��R1/I�G AC�NIiI�� CO�►LS � • Pro�id� student apportunities to attend 23 performances serving �ariaus performances. 76, � 95 students � Provide a workshops stud�nts anc� adults + Provide art exhibits af �arious school and pub[ic locations. • Pro�ide professional developmer�t opportunities fior school adminis�rators, t�achers, and parents. • Pro�ide art competifions for schools students from kindergarten t�rough grade 12. � 0 workshops serving 3,�ao students and adults 5 exhibits 3 developmental programs 2 competitions k ��b. �� . - �'xty of Fort T�o�ih, T'exas . . � �� r�� n��t ��f��ni��c��t ti _� � � DATE "" REFERENCE NUMBER- LOG NAME PAGE 10/22/Q2 �. '�'��o193d0 � . 021MAG1NE l 1 of 2� SusJ�cT � EXECUTE A CO�ITRACT WiTH lMAG1NATION CELEBRATION F�RT WORTH REC�MMENDATIQN: . ' if ;is .recommended that the City Council aut�oriz� the City Manager to execute a cor�tract with Ima�inafion Celebration Fort Worth, in the amount of $�Q,040, for the period of October 1, 2DQ2, through Septem�er 30, 2003. � � DlSCUSSlON: _ Th+e Kennedy C�nter lmagination Cel�bration program was b�gun in fi 977 as an o�atreach project of the John F. Kennedy Center for fhe PerForm�ng Arts. �t was create� to develop arts awareness in sc�ool childr�n and an art� alliance betw�en educators, their arts counterparts, and the cammunity c�ltural network: � Imagination Celebration For� Wort�, a seed of that program, was cr�ated and develaped through a partnershi� between the Fort Worth Independen� Schopl Disfrict and the comm�nity cuituraf nefiwork. Irrmaginatiian Ceiebration Fort Wor�i� has sir�ce become an independent non-profif arganizafiion. �� In most cammunities, the Imagination Cele�ration pragrams center on art festivals for you�g people. In -� F'ort Worth, Imaginatian Celebration� off�rs a yearlong program ff�at coordinates and partially funds the .� �� educafiona! outr�ach programs o� the leading arts and cuff�ral institutions in aur area. AI! programs ar� �.� co=curricular and intended �at anly to enr�ch studenfs learning experiences, but also to be a direct component of daily classroom curriculum and tc� relate fo the basic elemer�ts of learning. Through Imagina�ion Celebrafion partnersF�ips, a farge nUmber ofi students are reached w�th their first expasure . to the arts. Particularly targeted are sfudents with special ne�ds and from lower socia- econamic ievels. � � ft is proposed fhat this confract be executed between fihe City of Fort Wort� and Imagination Cefebration Fart Worth far the period af Ocfaber 1, 2UQ2, through 5e�tember 30, 2003. t