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HomeMy WebLinkAboutContract 28375STATE OF TEXAS § COUNTY OF TARRANT § ��i�r �����ii4�� j � `., �c�� ����� �. �R ., f .� WHEREAS, f�e Tarrant Cour�ty Veterans Council provides programs for the honoring of the veterans in tf�e Fort Worth area; and WHEREAS, ihe City of Fort Wo�th desires to contract with the Tarrant County Veterans Cauncil, to implement events in the recognitivn of the ve#erans in For� Worth; and WHEREAS, fhe Tarra�t County Veterans Council has affered to �ravide suc� services to ci�izens of the Gifiy of Fort Warth; N�W, THEREF'ORE, THIS C�I�TRACT FURTHER WITNESSETH: That for and in consideration of the m�atual covenants, promises and agreements contained herein, the Ci#y of Fort Worih ("City"), a home-rule municipal corporation ac�in� by and through Charles R. Bvswell, its duly authoriz�d Assistant City Manager, and the Tarrar�� County Veterans Council, {"Contrac#or") a n�nprofit Texas corpora#ion acting by and through Arthur McAvoy, its duly autf�orized President, do hereby covenant and agree as follows: 1. Contractor covenanfis and agrees ta implement and coordinate events for the recognition of all veterans within the Fort Worth area, such services to iae pravided for a period beginning Oc#ober 1, 2D02, and ending 5eptember30, 2003. 2. In consideration of fhe services to be p�rtormed hereunder by Contractor, City promises and agrees to pay Confiractor in ane instal[m�nt, the sum of Five Thousand Dollars {$5,000), 3. Either party may cancel this contract upon �hirty {30) days' natice in writing to the ather party of sucf� infent to terminate. In the event,of such termit�ation, City sfi�all reimburse Con�racfor for the services p�rFormed up to the date of termination. 4. Contracfar covenanfs and agrees to fully cooperate with City in monitorir�g the � effectiveness of the services to be per�orm�d under this agreement, a;r�� 't�:�,,�,gr, ���it �r�d��a _ .�_ .. � _ access at all reasonable hours to offic�s and records of Contractor far the purpose ofi such mortitoring. 5. Confractor shali operate hereunder as an in�ependent contractor and not as an officer, ager�fi, servant, ar employee of the City of ForE Warth. Contractor shall ha�e exclusive cantrol of and the exclusive right to confrol the details of the services perFormed hereunder, and aN persons perForming sam�, and shall be solely responsible for the acts anc� om9ssEons of its officers, agents, seruants, emplayees, s�bcontractors and program par�icipants. The doctrine af respondeat su�eriar shall not apply as between the City ar�d contractor, its officers, agents, servants, employees, subcontractors, or program participants, and nothing h�rein shali be consfrued as crea�ing a partnership or joint enterprise between City and Contractor. Ifi is expressly understood and agreed fhat no o�ficer, agent, employee, or subcontractor af Contractor is in tFie paid service of �he City of Fort Wor�h. 6. Cify shall in r�o way or under any circumsfance be r�sponsibie for any property belonging io Contractor, its officers, agents, employees, or su�canfiractors or program participants, which may be los�, stafen, des�royed or in any way damaged; and Contractor hereby irtdemnifies and hol�s harmless the City, its officers, agents, and employ�es, from and against any and ali claims or suits �oncerning such property. 7. Contractor covenants and agrees to indemnify, hold harmless and d�fend, at its own expense, the Gity, its officers, agenis, servanfis, and employees, fram and againsf any and all elaims or suits for property loss or damage andlor persanal injury, including death, to any and all persons of whatsoever kind or character, whe#her real or asserted, arising out ofi or in cannecfion with the execution, perFarmance, a�tempfed performance or nor�perFormance of fhis contrac� a�d a�reement, andlor the services pertorrned hereunder, w[�ether or not cause, in whole or in par�, by alleged negligence of officers, age�ts, servants, or employees of the City of Fort Worth; and Contractor hereby assumes a�l liability a�d responsibility of City, its officers, agents, servants and emplayees, for any and a!I ciaims or suits of proper�y loss ar damage andlor persa�tal injury, including death, to any and all persons, of whatsoever kind of character, whether real ar asserted, arising out of or in connection with the execution, performance, attempted andlor �he senrices perFormed hereund�r, whether or not eause, in whole or in part, by alleged negligence o� officers, a�ents, servants, or empfoyees of City. In t1�e event it is determined that Contractor has m9sused, misapplied or misappropriated a[I or any part of the funds pro�ided hereunder, Contractor agrees to indemnify, hoEd harmiess and defend the Cify of �ort Worth, its officers, agents, serrrants, and employees, from and against any anr� a[I claims or suits resulting fram such misuse, misapplication or misappropriation. 8. ff Contractor, as a charitab{e or nonprofit organizafion, has or claims an immunifiy or exemption (statutory or otherwise} from and against liability far damage or injury, including death, to persons or property, Contractor hereby expressly wai�es i�s rights to plead defer�siwely s�ach immunity or exemption as against the City. 9. Contractor sha11 nof assign ar subcontrac� all or an� part of its rights, pri�iieges or duties under fhis contract withouf the prior w�itten consent of City, and any attempted assignment of subcontracf of same without suc� prior written approval shall be �oid and constitute a br�ach of this agreemen�. 'i 0. Contractor, ��s officers, agents, employees and subcontractars, shali ab�de by and com�ly with all 1aws, federal, state and local, including all ordinances, rules and �reg�lations of the City of Fort Worth. It is agreed and understood that, if City calls to the atteniion of Contractor any such �iolatian on tf�e part of Contractor or any of i#s officers, agents, employees or subcontractors, then Contractor shall immediately desist frvm and correct such �iolation. 11. Contracior, in the execution, performance or attempted performance of this contract and agreement, will not discriminafe against any person or p�rsons because o� sex, race, religion, color or. national origin, nor will Con#ractor pe�'mit ifis officers, agenis, employees, or suE�contractars to engage in such discrimination. This agreement is mac�e and entered irtto with �eference specifically to Chapter 17, Ar�icle IlI, Division 3, of the City Code of t�e City of Fort Worth ("Discrimination in Empfoyment Practices"), and Contrac#or hereby covenants and agrees that Contractor, its agenfs, employees and subcontractors have fully complied with a!I provisions of same and that no employees, vr employee�applican� has been �iscriminated againsf by. ei�her Contractor, its agents, employees or subcontractors. 12. Contractor shall furnish a certjficate of insurance as proof that it has secured and paid for a policy of public liabili#y ir�surance co�ering ali public risks incid�nt to or in eonnecfion with the execution, performance, attempfed performance or nonper�ormance of this confiract and agre�ment. 5uch amounts shal) be as fal{ows: Property damage, per occurrence $100,000 Bodily injury or death, per person $25�,040 Bodil� injury af d�atn, per occurrence �500,�OQ vvith the cand�rstanding and agreement Cantracfor that such insurance amounts shall be re�ised upward at Gity's op�ion and the Contractor shal[ revise such amounts w�th�n thirty (30) days following notice to Contr�ctors of such requiremen�s. Gontracto� further agrees that i# shall comply r�vi�h the Worker's Compensation Act ofi Texas and shal[ provide sufficient compensation insurance to protect Contraetor and the City of Fork Worth from and against any and all Worker's Compensaiion claims arising from the wark and services provided under this contract. 13. ln the event no funds or insufficient funcls are appropriated by the City in any fisca! period any payments her�un�er, City will notify Consultant af such occurrence and this Contract shall terminate on the last day ofi the fiscal period for wF�ich appropriations were recei�ed withaut penaliy or expense to City of any kind whatsoe�er, except as ta the portions af the payments herein agreed upon for whicF� funds shall f�ave been appropriated. � 14. This written ins�rument consti�utes ff�e entire agreemenfi by �he parties herefo co�cerning the wor� �nd services to be per�ormed ��reunder, and any prior or confiemporaneous, oral or written agreement, which pur'ports fo vary from �he f�rms hereof shafl be void. 15. Should ar�y action, whether rea! or asserted, at !aw or in equity, arise aufi of th� execution, performance, attempted performance of th�s contract and agreemen�, �enue for said acfiion shall {ie ir� Tarrant County, Texas. IN WITNESS WHEREOF, the pa�ties hereto ha�e executed fihis agreement in multi fes in �ori Warth, Tarrant County, Texas, this �{��'� day of � � : , A.D. 20U� ' ATT,�ST: � 3 �` , �' .' � ��. Gforia�e son City Secr�tary APPROVED AS TO FORM AND LEGALITY: s � �-1 � � Assisi�nt City Atiorney Date: ATTEST: Arthur McA President � �� , �a��I �v r CITY OF FORT WOI�TH B ��f��. Y� C ar{es R. Boswell Ass'tstant City Manager . _ � � , Con�ract Authori��tian r�a�� �� �,� � TARRANT COUNTY VETERANS COUNCIL �, STATE OF TEXAS § COUNTY OF TARRANT § BE�ORE ME, tne undersigned auti�ority, a Notary Public in and for the State of Texas, on this day �ersanally appeared Arthur McAvoy, known fo me to be the person whose name is subscrib�d to the foregoing instrument and ac{tnowEedged to me that fhe same was �he act of the Tarrant County Veterans Co�ncil and that he executed the same as the. act of said of the Tarrant Couniy Veterans Gouncil far the purpose and consid�ration therein expressed and in fhe capacity th�rein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE t�is �� ���� � , A.D. 20Q2. STATE OF TEXAS § COUNTY O� TARRANT § day of � - U�� tary Publ�c in and for the State af Texas "¢v � , HAI��I�T WRIGF6i . t � Nvtary Pubiic N9 STATE OF iEXAS 'fi o� � f�y Comm. Exp, 111i 9I20Dfi W V�i�14VUV�f V�NV W V�1�sV W V V4V V V Wai�'�a BEF�RE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personaHy appeared Charles R. Bosw�fl, known to me to be the person wl�ose name is subscribed #o the foregoing instrumenf and ac�Cnowledged to me that the same was fhe act of th� City of Fort Wort� for fihe purpase and considerafion therein expressed and in the ca�acity �herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �j.� day of , A. D. 200�.' � � 20 �'..r» ��� ROSE�lA BARN�S �-�e�,�,ti. /���-,r N07ARYi�UBLlC Nota Public in and �or � ��q State ot Texas � "�o ��°',.�Comm. Exp. 03-�1-2Q05 the Sta#e of Texas �� ,� � , .,, �„ - , � , . .