HomeMy WebLinkAboutContract 28507���� ��������� ��
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STATE OF TEXAS § �
COUNTY QF TARRANT § �
WHEREAS, the Boys and Girls Cfub Fort Worti� admir�isters a pubficlprivate
initiative known as the Summer Works Pr�g�am, which matches 16-21 year old youth
residing in the City and County with var�ous �mpfoyers in order to assist these youth in
obtair�ing summer jobs; and
WHEREAS, the City of For# War�h desires to contract with the Boys and Girls
Club of Fort Worth for the Summer Works Pragram; and
WHEREAS, the Boys anc! Girls Gfub has affsred to provide such services to
citizens of th� �ity of For� Wort� and Tarrant Caunty;
NOW, THEREFORE, THIS CONTRACT FURTHER WITNESSETH:
That for and in consideratian of the mut�a� co�e�ants, promises and agreements
cantained herein, the City of Fort Worth ("City"), a home-rule mur�icipal corporation
acting by and through Charles R. Boswell, its duly authorized Assistar�t City Manager,
and the Boys and Girls Club of Fort Worth, ("Can#ractor") a non�rofit Texas corporation
ac�ing by and fhrough Shar�on Dr�ggers, its duly authorized Project Director, do hereby
covenant and agree as follows: .
1..
Contractor agrees to assisi 16-21 year old youth residing in the Couniy, including
t�e City af Fort Wor�h, in obtaining summer emp�oyment with �arious employers, such
seniices to be pra�ided for a period beginning April 1, 2D03, and ending August 31,
zoo�.
� 2.
In consideration of the services to be performed hereunder by Contrac�or, Ci#y
promises and agrees to pay Contractor in one installment, the sum of Sixty-EigF�t
Thousand Dollars ($68,DOD).
At #he end ofi the term hereof, Contractor shall submit a report [Exhibit A] of its
services rendered and be subj�ct to a review by fhe City af its senr�ces and acti�ities in
p�rformance of this contract.
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Either party may cancel this contracf upon thiriy (3Q) days' naiice in wri�ing to the
other party of such intent tfl t�rminate. In the event of such ferminafion, City shall
reimburse Contracfor for the services performed up to the date af termination.
C�J
Contractor cavenar�ts and agrees to fully cooperate with City in monitoring the
effectiveness of the services to be perFormed uncler this.agreement, and City shall have
access at all reasonable hours to offices and records of Cont�actor fo� the purpose of
such martiioring.
�
Contractor sha[I operate hereunder as an independent con#ractor and nof as an
ofFicer, agent, servant, or empioyee of #he Cify ofi Fort VWorth. Confiractor sha11 have
exclusi�e contral of and the exclusive right to cantrol fhe details of the services
perFormed hereunder, and all persons perFormirtg same, and shail be soleiy respo�sible
for the acts and omissions of ifs officers, agents, servants, employees, subcontractors
and progTam par�icipanfs. The dactrine of responde�t superior s�all not apply as
between the City -and contractor, iis officers, agents, servants, emplayees,
subconfractors, or program participants, and r�othing herein shall be construed as
creating a partnership or joint enterprise befinreen Cify and Contractor. it is ex{�ressly
understood artd agreed that no officer, agent, employee, or subcontractor of Cont�-actor
is in the paid ser�ice of the City of Fort Worth.
�,
City shall in no way or unde� any circumstance be responsibie for any property
belonging to Contractor, its afficers, agents, employees, or subcontractors or program
participants, which may be losk, stolen, d�stroyecf or in any way damaged; and
Contrac#or hereby indemnif�es and holds harm[ess the City, its officers, agen#s, and
employees, from and against any and all claims or suits concerning such property
7.
Cantracfor covenants ar�d agrees to indemn+fy, hold harmless and defend, at its
own expense, the City, its offiicers, agents, servants, and employees, from and against
any and all claims o�- suits for property loss ar damage andlor personal injury, inclu� ,
death, ta any and all persons of whatsoever ki�d or character, wheth�r;���F��r ��t���
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arising out af or in connection with the execution, performance, attempted performance
or nonpertormance of this contracf and agreement, and/or the ser�ices performed
hereu�der, whether or not caus�, in whole or in part, by alleged negligence of officers,
agents, servants, or employees of the C�ty of Fort Worth; and Contrac�or here�y
assumes alf �liability and responsibility of City, �fs officers, agents, servants a�d
employees, for any ar�d al� claims or suits of praperty Inss or damage andlor personal
injury, inciuding death, to any and all persons, of whafsaever kind af character, whether
rea� ar asserted, arising out of or in connec�ion with the execution, pertormanee,
�ttempted andlor ti�e services pertormed hereunder, whether or not cause, in whole or
in part, by alleged negligence of officers, agen�s, servants, or employees of City.
In the e�ent it is det�rmined that Contractor E�as misused, misapplied or
misappropriated aIl or any part of the funds provided hereunder, Contractor agrees ta
indemnify, hold harmless and defend the City of Fort Worth, its officers, agents,
servants, and employees, from and against any and all c�aims or suits resulting frarn
such misuse, misapplication or misappropriation.
�
If Contractor, as a charitable or nonprofit organization, has or claims an immunity
or exempt�on (statutory or otFte►wise) from and against [iability for damage or injury,
includin,g d�ath, to persons or praperty, Contractor hereby ex�ressly waives ifis rights to
plead defensively such immunity or exempfion as againsf the City.
' 9.
Contracto� shai! not assign or subcontract aff or�any part of its rights, privileges or
duties under this contract withoui tt�e prioT written consent of City, and any atfempted
assignmenf of subconfract of same withaut su�h prior writt�n approval shalf be void and
constitute a breacF� of this ag�reement.
10.
Contractar, its officers, agents, employees and subco�tractors, shal! abide by
and comply wEth all I�ws, fede�al, s�afe and focal, includir�g all ordinances, rules and
reguiations of the City of Fort Worih. li is agreed and understood thai, if City calls ta the
afte�tion of Contractor any such viofa�ion on the �art af Confractor or any of its officers,
agents, em�layees or subcontractors, then Cantrac�or shall immediaf�ly desist from and
cotrect suc� �iolation, � �
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. Contractor, in the execution, performance or attempted performance of this
contract and agreement, will not discriminate against any person or persons beeause of
sex, race, religion, color or nationa[ origin, nor will Contractor 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 IIl, Division 3, of the City Code of the City of Fa�t Worfh ("Discrimination �n
Employmen# P,ractices"), and Contractar hereby covenants a�d agrees that Con�ractor,
ifis agents, employees and subcontracfors have fully camplied with all provisians of
sam� and that no employees, or empEoyee-applica�t nas been discriminatee! againsf by
either Contraetor, its agents, employees or subcontractors.
12. �
Contractor shall furnish a certi�icate of insurance as proof that it has secured and
paid for a palicy ofi public fiabiiity insurance co�ering all publie risks incidenf to or in
cannection with the execution, performance, attempted performance or nonper�ormance
af �F�is contract and agreement. �
Such amounts shali be as follows:
Property damage, �er occurrence $'iD0,D00
Bodily in}ury or death, per person $2�0,000
Bodily injury of death, per occurrence $50D,OOq
with the understanding and agreement Contractor that such insurance amounts shall be
re�ised upward at City's option and fihe Coniractor shall re�ise such amounts within
thirty (30) days fioffawing notice ta Contracfors of such requirements.
Contracto� further agrees that it sf�all.�comply wifh #he Worker's Compensation
Act of Texas and shaf[ pro�ide sufficient compensation insurance ta protect Contractor
and the City af Fort Wortn from and against any and all Worker's Compensation claims
arising from the work and setvices provided under this contract.
. 13.
[� the e�ent no funds or insufficient funds are appropriated by the City in any
fiscal periad any payments hereunder, City wili notify Consultant �f such occurrence
and this Contract shall terminate on the last day of the fiscal period for wh�ch
appropriations were received without penaffy or ex�aense to City of an�r ,�i;r��.�nrhat�Q�a� ,�
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except as io t�e portions of #he payments herein agr�ed upon for which fund5 shall
ha�e been apprapriated.
14.
This written ins#rumenf cartsfituies the entire agreement by the par�ies herefio
concerning �he work and se�vices to be pertormed hereunder, and any prior or
contemporar�eous, oral or written agreement, which purports to vary from the terms
hereof shall be void.
15.
Should any acfion, whether rea[ or asserted, at law or in equity, arise out ofi the
execution, pertormance, attempted performance of this contract and agreement, venue
for said action shall !ie in Tarra�t Co�nty, Texas.
IN WITNESS WHEREQF, the par�ies hereta have executed this agreement En
multiples in Fort Workh, Tarrant Counfy, Texas, this �.�, 7�- day of
s.
` � ' , A. D. 2003.
� ir � � _--�
ATTEST:
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.�1_�.��,��-� �. �
G oria Pears�i
City SecretaCy
CITY �F FORT WORTH
BY�: �
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Assistant City Manager/
�� .. _� �6 �• Y 1. �'\ / \ 1 . s.
C�on�raa�c Autho�f z�ati.on
APPROVED AS TO FORM AND LEGALITY: ,
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Assist �t City At�orney d�-� �+c.�
D ate: � . ��� %�
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ATTEST:
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BOYS AND GIR�S CLUB
OF FORT W�RTH
� �� � p, � � � �►, � By: � � �
� �,(� _ �i�. _ , ,.. R_• .. ��--�..e-_ /�• � - -; _ - -
�- Sharon Driggers - r �� _ _ _
Project Director
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STATE OF TEXAS §
C�UNTY OF TARRANT �
BEF�RE ME, the undersigned authority, a Notary Public in and for the Sfate o'�
Texas, ot� this day personalfy appeared Sharon Driggers, �Cnown to rne fa be fhe person
whose name is subscribed to fhe foregoing instrument and acknowledged to me that ths
same was fhe act of the Boys and Girls Club of Fort Wort� and that she executed the
same as the act af said Boys and Gir[s Club of Fart Worih for the purpose and
consideration t�terein expressed a�d in the capacity therein stated.
GIVEiV UNDER MY HAND AIVD SEAL OF OFF'�CE this t�tj r� day of
�
�_� r1„.` �_ � , A. D. 2003.
�' Y R�BECCA J. MURO
0
� STAT� OF'i�XAS
�y cor„�. ��p. oar�er�oos
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r� � ry f> . '�� x •�:
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Notary Public in an�or
the State of Texas
STATE OF TEXAS §
CQUNTY OF TARRANT �
BEFORE ME, the undersigned authority, a Notary PubCic in and for the State of
� +c�l� � �/�i���
Texas, on #his day personally appeared —h���� D��w��l, kr�ov�rn to me to be the
person whose name is subscribed to tF�e foregoir�g instrument and ac�Cnowledged to me
tha� t�e same was ihe act of the City of Fort Worih for the purpose and consideration
ther�in expressed anc! in the ca�acity therein stafed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
�,�/� �{�, , A. D. 2003.
��P�Y.p�: R05ELLA BARNES
r{'' �n�4i NOTARY PUB�IC
�,���{�"'# 5tate of Texas
�°;.,'�,o�'����Comm, Exp, �3-�i-20�5
_ ��•
. P 11 ii 1•� i i• 1. p �� i��S II qiil� �,nl!i.i ._
c�� day of
I�C�V
Notary Public in and fq�-- __ -
#he State of T�xas � , ,
. `i t�''r I.
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�'ity of ' �o� T�o�ih9 T'exa�
�y�r� ��� ��c��►c�l �c������c�t��r�
DAT� R�F�RENCE I�IUMBER LOG NAME PAG�
31'E 8103 �*��.,7 ���� D2WORKS 1 1 of 2
sua��cT AUTHORIZE A CONTRACT WITH THE B�YS AND GIRl.S CLUB OF TARRANT
COUNTY FOR THE 2003 SUMMER WO.RKS PROGRAM
RECOMMENDATION:
it is recommended that the City Council autf�arize the City Manager to execute a contract with the Boys
and Girls Club of Tarrani County for the administration af the 2003 Summer Works Program for the
period Aprii 1, 2003, through Aug�s# 31, 2003, at a cast nat to exceed $68,OOa. ,
DISCU551QN:
In 1995, the City's former Employment and Training Department canduc#ed the Fort Worth SummeT .
Wor�cs program, a public/prEvate sectar initiati�e fior 16-21 year o�d youth. The program matched youth
seeking jabs with employers seeking summer worEters. The City employed temparary staff to p�rt�rm
recruitment and jab matching tas�s. TF�e program enrollment was open to the general public on a first-
come, firs#-serve basis, r�gardless of the appEicants' econamic conditian.
5tarting in 1996, the former Employment and Training Department toak ihe lead in a collaborative effort
with Tarrant County and the City af Arlington to pravid� a coun#y-wide summer wor� experience
pragram for youth. Hawever, with the disbandment ofi tf�e Employment and Training Department in
2000, all functions associated with th�s program were transferred to Tarrant County under the Work
Advantage Program. During FY1999-2Daa, the City entered into a contrac# with Tarrant Co�anty to
pra�ide financial support for the Summer Works Program.
Since that time, the Tarrant County Work Ad�antag� Program has con�racted with the Boys and Girls
Club of Ta�rant County. Th� gays and Girls Glub naw mana�es all functions associated with th�
Summer Warks Program_
During the FY2002-2003 budg�t process, t�e City Council approved financial support in the amount of
$68,000 for the program.
� City o��F'ort T�ilo�th, T'exas
� �� ��� ��r���l ���u��r�c���a�t
� � �
DATE REFERENCE NUMBER L.OG NAME PAG�
3118103 **�o� g�og I 02WORKS 1 of 2
SUBJECT AUTHORIZE A CONTRACT WITH THE B�Y� Ai�b �IRL,� ��.U� D� TAR'R��T
C:�U�1T1�' F4R THE 2�Q3 SUIVIMER WORKS PROGRAM
RECOMMENDATfON:
lt is recommended that the City Gounci� authorize the City Manager ta execute a contract with �he Boys
and Girls Cl�b af Tarrant County for ihe adminisfratifln ofi the 2Q03 5ummer Works Program for t�e
period April 1, 2403, through August 31, 2D03, at a cost not to exceed $68,000. � �
DISCUSSfON:
ln.1995, the City's former Empioyrrrent and Traini�g .Department conducted the Fort Worth Summ�r
Works pragram, a publiclprivate sector initiative for 16-21 year old youth. The program matched youth
seeking jobs with employers seeking sumrner warkers. The Gity �mployed temporary staff to perForm
recruitment and job matching #asks. The �rogram enrolfinent was apen to the generaf p�b[ic an a fiirst-
come, first-senre basis, regardless of the applicants' economic conditian.
Starting in 1996, the former Employment and Training Department took the lead in a collaborative effort
with Tarrant Caunty and ihe Ci#y af Arlington to pro�ide a caunty-wide summer work experien�e
program for youth. However, with the disbandmeni of the Employment and Training Department ir�
200Q, ail #��ctio�s assaciated with this program were transferred to Tarrant Coun�Eq under the Wark
Advantage Program. During FY1999-2000, the City enfered into a contract with Tarrant County to
�ravide financial support fnr the Summar Works Program.
Since that time, the Tarrant Caunty VVork Advantage Program has contracted with the Boys and Girls
Club oi Tarrant County. The Boys and Girls Clu� now manages all functions associated with the
Summer Wflrf�s Program. . �
During the �Y2002-2003 budget process, the City Couneil approved financial support in the amount of
$88,0�0 far tk�e program.
�`ity o�.Fort �o�ih, T�.,�cas
�y�� ��� ����c�l �,���c�����ta��
DATE REFERENCE NIJMBER LOG NAME �AGE
31181Q3 **CdR9�0� I Q�WORKS � 2 of 2
su�.��cT AUTHORIZE A CONTRACT WITH THE BOYS AND GIRLS CLUB OF TARRANT
COUNTY �OR THE 2Q03 SUMMER WORKS PROGRAM
FISCAL lNFORMATIONICERTI�ICATION:
The Finance Director certifiies tF�at funds are available in the current operating fund, as appropriated, of
the General F'und.
BG:lc
5ubmitted for City Manager's
Offi�e by:
Bridgette Garrett (Acting)
OriginaNng Department Head:
CharIes Bosweil
Additional Informatioa Contac#:
Charlcs Boswell
F`ilND I ACCOUNT I CENTER I AMOCII�T
i�)
6283
6I83 (from}
GG01
61&3
539120 0905540 $68,000.00 �
CI'I'Y 9ECRETARY
APPROV�D 3/18/03