HomeMy WebLinkAboutContract 28325STATE OF TEXAS � ��pE �y �����'��� !)
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COUNTY OF TARRANT §
WHEREAS, the Tarrant County You�h Collaboration, Inc. brings agencies and
organizations toge#her to serve the unmet needs of children Tarrart�.County through
collabaratian and education of its members to facilitat� and maintain safe and nurturing
communities for children; and
WHEREAS, the City of Fort Worth desires to contract with Tarranf County Youth
Collaboration, lnc., to prouide such services to benefit the Fort Worth community; and
WHEREAS, the Tarrani County Youth Collabaration, Inc. has aff�r�d to pro�ide
such services to citizens of the City of Fort Worth;
NOW, THEREFORE, TH1S CONTRACT FURTHER WITNESSETH:
That for and in consi�eration of the mufival covenants, promises and agreements
contained herein, the City of Fo�t Worth {"City"), a home-rule municipal corporation
acting by and through Charles R. Boswell, its duly authorized Assistant Cify Manager,
and the Tarrant County Youth Colfabo�afion, lnc., {"Contractor") a nonprofit Texas
corporation acting by and through Linda Ragsdale, its duly authorized Executive
Director, do here�y covenant and agree as follows:
1.
Contractor covenants and agrees �o provide certain research and needs
assessments concerning youth servi�es in For� Worth, such services to be pro�ided far
a period beginning October 9, 2002, and ending September 30, 20a3.
z.
In consideration of the services ta be performed hereunder by Contrac#or, City
promises and agrees to pay Contractor in one installment, a sum of which will not, on an
annual basis, exceed the total of Fifteen Thausand Dollars ($� 5,OQ0).
At the end ofi each three-month quarter during the term �er�of, Contractor sf�all
submit a report [Exhibit A] of its services rendered during each quarter and be subject to
a re�iew by the Cify of ifs services and acti�ities in performance of this contract.
3.
Either pa�ty may cancel �his contract upan thirty (30) days` notice in writing to the
other party af such �ntent to terminate. In the event ofi such termination, City shal
reimburse Contractor far the services performed up to the date of terr�i�►:�#a,�r�,.. .�
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Con�ractor co�enants and agrees to fully cooperate with City in monitvring the
effecti�eness of the services to be performed under this agreement, and Cifiy shall ha�e
access ai� all reasonable hours to o�fices and records of Contractor fior the purpnse of
such monitaring.
6.
Contractor shall operate hereunder as an independent contractor and nat as an
officer, agent, serva�t, or employee of the City of Fort Warth. Contractar shall have
exclusi�e control of and the exclusi�e right to control fhe details of the services
perFormed hereunder, and a11 persons performing same, and shall be solely respansible
for the acts and omissions of its officers, agents, servants, employ�es, subcontractars
and program parkicipants. The doctrine of respondeat superior s�al1 not apply as
between �he City and contractor, its officers, agents, servants, employees,
subcontractors, or pragram participants, and nothing herein shall be construed as
creating a partnership or joint en#erprise between City and Contractor. It is expressly
understood and agre�d that no officer, agent, employee, or subconiractor of Contractor
is in fhe 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, empfoyees, or subcontractors o� program
participants, which may be lost, stolen, desfroyed ar, in any wa�y damaged; and
Cantractor hereby indemnifies and holds harmless the Ci#y, its ofFicers, agents, and
employees, from and against any and al1 claims or suits concerning such property.
7.
Contractor co�enants and agrees to indemnify, hold harmless and defend, at its
own expense, the City, its afficers, agents, servants, and empfoyees, from and againsf
any and alf claims or suits fior �roperty loss or damage andlor personal injury, including
death, to any and all persons of whatsoever kind or character, whether real ar asserted,
arising out of or in connection wi#h the execution, performance, attempted perFormance
or nonperFormance of this contract and agreement, andlor the services performed
hereunder, whether or no� cause, in whole or in part, by al[eged r�egligence of officers,
agents, servants, or employees of the City of Fort Worth; and Contractor hereby
assumes all liabifity and responsibility of City, its officers, agents, senrants and
employees, for any and all claims or suits of property loss or damage andlor personal
injury, including death, to any and al[ persons, of whatsoever kind of character, whether
real or asserfied, arising ou� of or in connection with the execution, per�armance,
attempted andlor the services performed hereunder, wf�ether or nat cause, in w�ole or
in park, by alleged negligence of officers, agents, ser�ants, or employees of City.
In the event i� is determined that Contractor has misused, misapplied or
misappropriat�d all or any part of fh� funds provided hereunder, Cantractor agrees to
indemnify, hold harmless ar�d defend the City of Fort Vllorth, its officers, agenis,
servants, and employees, from and against any and all claims or suits resulting from
such misuse, misappiication ar misappropriation.
$.
If Confractor, as a ci�aritable 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, Contractar hereby expressly waives its rights to
plead defensively such immunify or exemption as against the City.
9. �
Confractor shall not assign or subcontrac# al[ or any part of it� right�, privileges or
dUties under this contract witl�oufi the prior written consent �af 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, ager�fs, employees and subcontractors, shall abide by
and comply with all laws, federal, state and local, including alf ordinances, rules and
regulations of fhe City of Fort Wo�th. It is agreed and understood that, if City calls to the
attention af Cor�tractor any such �iolation on the part of Contractor or any of i�s officers,
agents, employees or subcontractars, then Contractar sha�l immediately desist from and
correct such �iolation.
11.
Contractor, in the execution, performance or attempted performance of this
contract and agreemen�, will not discriminate against any person or persons because of
sex, race, religion, color or natio�al origin, no.r will Contractor permit its officers, agents,
employees, or subcontractors to engage in such discrimination.
This agreeme�t is made and entered into with reference specifically to Chapter
17, Article Ilf, Di�Esion 3, of tF�e City Code of the Gity of Fort Worth ("Discrimination in
Employment Practices"}, and Contractor hereE�y co�enants and agrees fhat Confrac�or,
its agents, employees and subcontractors have fully complied with all provisions af
same and t�at no employees, or employee-applicant has been discriminated against by
either Coniractar, ifs agents, employees or subcontrac�ors.
12.
Contractor shall furnish a eertificate of insurance as proof that i� has secured and
paid for a policy of public liabifity insurance covering all public risks incident to or in
connection with the execution, performance, at�empt�d perFormance or nanperformance
of this contract and agreement.
Such amounts shall be as follows:
Property damage, per occurrence $100,000
Bodily injury or dea�h, per person $250,000
Bodily injury of death, p�r occurrence $5p0,OD0
with the understanding and agreement Contractor fhat such insurance amoun�s shall be
revised upward at Ci#y's option and �he Contractvr shall re�ise such amounts within
thirty (30} days fallowing notice to Cantractors of �uch requirements.
Contracior fur�her agrees that it sha11 comply with the Wor[cer`s Compensation
Act of Texas and shall pro�ide sufficient�compensatian insurance ta pro#ect Cor�tractar
an� the City of Fort Worth fram and against any and all Worker's Compensation claims
arising from the work and services pro�i�ed under this contract.
13.
fn the e�ent no funds or insufficient funds are appropriated by the City in any
fiscal period any payments hereunder, Ci#y will natify Consuitant �of such occurrence
and fihis Contract shall terminate on the fast day of the fiscal period for which
appropriations were received wifihout penalty or �expense �o City ofi any kind whatsoever,
exc�pt as to t�e portions of the payments herein agreed upan for which funds shall
ha�e been appropriafecl.
14.
This wri#ten instrument consfitutes the entire agreement by the parties hereto
concerning the work and services to be performed hereunder, and any priar or
contemporaneous, oral or written agreemen#, which purports �o vary from the terms
hereof shall be void.
95.
Should any action, whether rea! or asserted, at law or in equity, arise out of the
execution, performance, attempted performance of t�is contract and agreement, �enue
for said actian shall lie in Tarrant County, Texas.
IN W[TNESS WHEREQF, the parties hereto ha�e executed this agreement ir�-
mu[tiples in Fart Warth, Tarrant County, Texas, this ;�l i day ofi
� —' ,�� .� , A.D. 20(� �
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ATTEST: C1TY OF FORT WORTH �
[orG�, � � m ��-_-�
ia P� e son
City Secr�tary
APPROVED AS TO FORM AND LEGALITY:
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Assist t City Attorney
Oate:
ATTEST:
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BY�. � � ���?II,UP�CC
Charles R. Boswell
Assis#ant City Manager
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�������t Authoriz€�$�on
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TARRANT COIJNTY YQ�TH
CO�LABORATfON, INC.
By' ��
L.inda agscfale
Executi�e Director
STATE OF TEXAS
COUNTY OF TARRANT
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BEFORE ME, the undersigned authorify, a Nofary Public in and far the State of
Texas, on this day personally appeared Linda Ragsdale, 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 Tarrant County Youth Collaboration, Inc. and that she execufied
#he same as the act of said Tarrant Cou�ty Youth Colfaboraiior�, Inc. for the purpose
and consideration therein expressed and in the capacity therein state�.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �� day of
���� � � i � , A.D. 2002.
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STATE OF TEXAS §
COIJNTY OF TARRANT �
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-f�otary Public�J ri and far f
the State of Texas
BEF�RE ME, th� undersigned au#hority, 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 r�ame �s subscribed to the foregoing instrument anc� ac�nowledged to me
that the same was #he ac� of the City of Fo�t Worth for the pur�ose and considerafion
therein expr�ssed and in the capacify therein stat�d.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this fv��i day of
, A.D. 20(��
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�rfl� �P� A�SE��,4BARNES Notary Public in and for
���* NOTARY I�U�LIC
��� St&te of Tex�s the State of Texas
o�,�p Comrra. Exp, 03-3f-20�5