HomeMy WebLinkAboutContract 27202n
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�I�Y ��C�Ei��Y ,��- . . � �
��NY�AGY � . -- _ _ ;
STATE O� TEXAS §
COUNTY OF TARRANT §
WHEREAS, the Imaginatior� Celebration Fort Worth, Inc. provides year long
culturai and art programs for Fort War�l� school-age children each year through
partnerships with leadir�g cultural institutians in Fart Worth and Tarrant County; and
WHEREAS, the Ci#y of Fo�t Worth desires in cant�-act with Imaginatian
Celebration Fort Warth, lnc., to se�ure a broad range of cultural and artistic experience
for Fort Worth sc�ook-age children; and .
WHEREAS, Imagination Celebration �or� Vllo�th, Inc. has offered ta provide such
services ta citizens of the City of Fort Warfh;
NOW, THEREFORE, THIS C4NTRACT FURTHER WITNESSETH:
That for ar�d i� cansideration of the mutual covenants, promises and agreements
contained hereEn, tha City af For� Worth ("City"), a hom�-rufe municipal corpora�ion
ac#ing by and through Charies R. Boswell, its duly authoriz�d Assistant Cify Manager,
and the lmaginatian Celebration Fort Worth, Inc., ("Contractor") a nonprofit T�xas
corpvra�ion acting by and thraugh Ginger Head, its d�iy authorized Executive Director,
do hereby covenant and agree as follows:
1.
Contractor covenants and agrees to provide program services for youth in Fart
Wor�h, giving school age children their first exposure to tF�e arts. These services are to
be provided for a period beginning Ociaber 1, 2Q01, and ending September 30, 2Q02,
2.
In consideration o# the senrices ta be performed hereu�der by Contracfor, City
promises and agrees to pay Contractor the sum of Fifty Tf�ousand Dollars ($SQ,aoa�.
At �he �nd of each three-month quarter during the term hereof, Contractor shall
submit a report [Exhi�it Aj of its services rendered during each quarter and be subject to
a review by the City of iis services artd activities irt performance of this contract.
3.
Either party may cancel this contract upon thirty (30) days' nofiice in writing to th�
other party of such intent to terminate. In the event of such term�naf �• ;��-- -�
�. �, �
reimburse Cantracfor for the services performed up to the date of terminat o`�'l 'aW ���
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�.
Co�tractor covenants and agrees #o fully cooperat� with City �n monitoring the
effectiveness of the senrices to be pertormed under ihis agr�ement, and City shall have
access at all reasonable hours to offices and records of Contractor for the purpose af
such monitoring.
5.
Contractor shall op��ate hereunder as an independent contractor and no# as an
afficer, agent, ser�ant, or em�foyee of the City of Fort Worth. Contractor shall have
exclusive contral of and the exelus�ve right to cantrol the details of the services
p�rformed hereunder, ar�d all persons perfarming same, and shall be solely responsible
for the acts and omissions af its officers, agents, servants, emplayees, subcontractors
a�d program participants. The doctrine of respondeat superiar sl�all not apply as
between the City and canfractor, it� officers, agents, servanfs, employees,
subcantractors, or program participar�ts, and nothing hereir� shali be construed as
creating a par�nership or joint enterprise b�tween Gity and Contractor. It is expressly
understood and agreed that no officer, agent, employ��, or subconfiractor nf Contractor
is in the paid service of the City o# Fort Worth.
6.
City sha11 in no way o� under any circ�mstance be respons9ble for any properiy
belonging to Contractor, ifs officers, agents, employees, or subcontractars or program
participan#s, which may be fost, stolen, destroye� or in any way damaged; and
Contracto� hereby indemnifies and holds harmless �he City, its officers, agents, and
employees, from and against any and all claims or suits concerning such property.
7.
Contractor covenants and agrees to indemnify, hold harmless and defend, at its
own expense, the City, its officers, agents, servants, and employees, from and against
any and all claims or suits for p�o�erty loss or ciamage andlor personal injury, includir�g
deaih, to any and ail persons o� whatsoever kind or charac�er, whether real or asserted,
arising out of or in connect�on with the execution, performance, attempted performance
or nonperFormance of this contract and agreement, andlor the services pe�#ormed
hereunder, whether or not cause, in whole ar in part, by alleged neglig�nce of officers,
agents, servants, or employees of t�e City of Fort Worth; and Cor��ractor her�by
assumes ail liability and responsibility of City, its officers, agents, servants and
,
employees, for any and ail claims or s�its of property lass or damage andlor personal
injury, including �eath, to ariy and ali persons, of whatsoever kind of character, whether
real ar asserted, arising ou# af or in connection with the executio�, performance,
aftempted andlor the services perform�� hereunder, whether or not cause, in whole or
in part, by alleged negligence of of�icers, agents, servants, or employees ot C�ty.
In the event it is determine� that .Gontractor has misuse�, misapplied or
misappropriated afl or any part of the funds provided hereun�er, Cvntraetor agrees to
indemnify, hold harmless and defend the- :C�ty of Fort Worth, its officers, agents,
servants, and emplayees, from and against any and ail claims or suits resulting �rom
such misuse, misapplication ar misappropriation.
8.
If Can�ractor, as a charitablE ar nonprotit organiza#ion, f�as or claims an immunity
or exemp#ion {statutory or otherwise) frvm and against iiability for damage or injury,
including death, to p�rsons or property, Contracfor hereby expressly waives its rights �o
plead defensively s�ch immunity or exempfion as against the Cifiy.
9.
Contractor sha11 not assign ar subcontract a11 or ar�y part of its rights, �rivileges or
duties under this contract without fhe prior written consent of City, and any att�mp�ed
ass�gnment of subcontract af same withaut such prior wriiten appraval shall be vaid and
constitute a breach of this agreement.
� o.
Contractar, its ofificers, agents, employees and subcantractors, shafl abide by
and comply with all laws, federal, stat� and local, including al{ ardinances, rules and
regulations of the City of Fort Worth. It is agreed and understood thafi, if City calls to the
atfentian of Contractor any such �iolation on #he part of Gontracfor or any of its officers,
agents, employees ar subconfiractors, then Contrac#or shalf immediately desist from and
correct sucF� violation.
11.
Contractor, in the executian, performance or attempted pertormance of this
contract and agreement, will r�ot discriminate aga�nst any person or persons because af
sex, race, religion, color or national origin, nar wil� Contractor permifi its officers, ag�nts,
employees, or subcontractors to engage in such discrim�nation.
This agreement is made and entered into with reference specifically �o Chapter
17, Article III, Divis�on 3, of the City Code of the City of Fart Worth �"Discrimination in
Employment Practices"), and Contractor hereby covenan�s an� agrees that Contractor,
�ts agents, �mplayees and subcontractors ha�e fuliy complied with a[1 provisians af
same and that no employees, or empfoyee-applicant has been discriminated against by
either Contractor, its agents, employees or subcontraciors.
'I 2.
Contractor shal{ furnish a certificate af insurance as proof that it has secured and
paid for a policy of public IiabiEity insu�ance cflr,ering all public rislcs incident to or �n
connection with the execution, performance, attempted p�rformance or nonperFormance
of tY�is contract and agreement.
Such amounts shall be as follows:
Pro�erty damage, per occurrence $100,0�0
Bodily injury or �eath, p�r perso� .$250,000
Bodily in�ury of death, per occurrence $5a0,000
with the under�tanding and agreemenf Contractor �hat such insurance amounts shall be
revised upuvard at City's optian and the Contractor shall revise such amounfs within
thirty (30) days following natice to Contractars of such requirements.
Cont�actor further agrees fihat i� shall compiy wifh �he Worker's Compensation
Act of Texas and shall pro�ide sufficienf compensation insurance to Qrotect Contrac#ar
and the City of Fort Worth from and agains# any and all Worker's Compensatiori claims
arising fram the worf� an� services provided under this contract.
'I 3,
In the e�ent no funds or insufFicient funds are appropriated by the City in any
fscal period any payments hereunder, City will notify Consultant of such occurrence
and this Contract shall terminate on the last day of �he fiscal per�od for which
appropriations w�re receEved without penalty or exp�nse to City of any icind whatsoe�er,
except as to ti�e portions of the payments herein agreed upon for which funds shall
have been appropriated.
14.
This written �nstrument constitutes the entire agreement by the parties hereto
concerning the woric an� ser�ices #o be �erformed hereunder, an� any prior or
�
,
contemporaneaus, oral or written agreemeni, which purports to vary from the terms
hereof snall b� void.
15.
Should any action, whether real or asserted, at law or in equity, arise ou� of f�e
execution, per�ormance, attempted performarice of this cantract and agreement, venue
for said action shall lie in Tarrant County, Texas.
IN WITNESS WHEREOF, fihe pariies .hereto fi�ave executed fhis agreement in
multiples in Fort Worth, Tarrant County, Texas, this �" �� day of
,� ' � ° , A.D. 20�� .
, _ -
ATTEST:
i /UR.
` Glo �earson
City Secretary
CfTY OF FORT W�RTH
. � _ . ` y BY: �� � •
- Charles R. Boswell
Assis�ant City Manager
APPROVED A5 TO FORM AND LEGALITY:
1 �
.�
Assis t City Attorney
Date:
ATTEST:
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:�ntract Autr�Qrfz�tion �
� �, � # _ • �
.•,�t� �
IMAGINATIDN CELEBRATfON
B�s" "� .
Ginger ad
Exec�ttive Directar
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STATE 4F �'EXAS
COUNTY OF TARRANT
�
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BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, an this day personally appeare� Ginger Head, known to me #o be the person
►nrhose narr�e is subscribed to the foregoing instrument and acknowledged to me fihat the
same was the act of the lmagina�io� Celebration and that she executed �he same as the
act of said 1�magination Celebration for the p�arpase and considerafion �t�erein expressed
and in the ca�acity therein s#at�d.
GIVEN UND MY HAND AND SEAL �F �FFICE this `�'� � day of
��
�-��� , A. D. 2001. •
i��Y �� r •
�, VictoriaLpier�ce ,/��,�t�lJ ��,(�(�J
� � MyCnmmissionE�cpi►es Notary Public in and for
`��o��P June23,zaoa the State of Texas
STATE OF TEXAS �
COIJNTY OF TARRANT §
BEF(3RE IVIE, the undersigned authority, a Notary Public in and for #he State of
Texas, on this day p�rsonally appeared Charles R. Boswerl, known to me to be the
person wf�ose name is subscribed to the forego�ng irtstrumerit and acknowledged to me
that the same was the ac# of the City of Fort Worth for the purpose and consideration
therein expressed and in the capa�ity therein stated.
GIVEN UNDER MY HAND AND SEA� OF OF�ICE this
, A.D. 20Q1.
a��Y� n��� Victaria L Pierce
; �l� � IJy Cnmmission Expires
y��,�4�Y dune 23, 2404
.
�� day of
�il G���,Cfi.1 �/ � J��°iC.j
Notary Public in and for
th� Staie of Texas
I��CIi�AiiOR� CELE�R�i10i� FOI�T l�ORiFV
�XHl�li �.
��OCaRi41Vl S�RVIC� ��ill�'I�I��
� Provide student opporkunities #o attend
�arious performances.
� Prov'rde a workshops students and adults
• Provide art exhibits at various sc�ool and
public locations.
� Pro�ide professionaC development
opportuniti�s for schaol administrators,
�eachers, and parents.
+ Pro�ide art competi#ions for schools
studenfs from kindergar�en through grade
12.
G0�.�5
23 performances serving
7�,195 students
10 workshops senring 3,500
�tudents and adults
5 exhibits
3 deve[opmental programs
2 competitions
City of'�'ort �o�th, Texas
��� �n� ��r�r�c�l �,�r�i��n;c�t���
DATE REFERENCE NUMBER LOG NAME PAGE
1116101 **������� l Q21MAG1N I � of2
SIJB.]ECT CONTRACTWfTH iMAGINATION CELEBRATION FORT WORTH, INC.
RECOMMENDATION:
It is recommended thaf fhe City Council:
1. Authorize the City Manag�r to execute a contract with Imaginafion Celebration Fort Worth, Inc. in
the amount of $5�,4Q0; and
2. Auihorize the contract to begin October 1, 2Q01, and expire Sep#ember 3D, 2002. •
DiSCUSSION:
in 1977, fhe Kennedy Center lmagination Celebration program began as an outreaeh proje�t of the
,�ohn F. Kennedy Center for the Performing Aris, It'was created to develop arts awareness in school
children, and an arts alliance betwean educators, their arts caunterparfs, and the community cultural
network.
Imagination Ce{ebration Fort Worth, Inc., a sesd of the Kennedy Center Imaginatian Celebratior�
pr�gram, was created and developed through a partnership between the Fort Wort� Independent
Schaol District and the community cultura! network. imagination Cele6ration Fort Worth, Inc. has sir�ce
become an independent non-profit organization.
In mast communities, Imagination Celebration programs are centered on art festi�als for young people.
In Fort Worth, Imagination Cel�brat�on offers a yearlong program ihat coordinates and partially funds
the educational outreach programs o� the leading arts and cultural institutEons 9n our area. AI! programs
are co-curricular and intended not only to enrich the learning experiences of students, but a{so to be a
direct componen# of daily classroam curriculum and �o relate to the basic elements of learning.
Thrvugh Imagination Ce�ebration �art Worth, Ir�c. partnerships, a large r�umber of studer�ts are reached
with their �irst exposure to the arts. Particularly targeted are students wi�h special needs, and those
' fram lawer socio-economic levels.
It is proposed that a contract be executed between #he City and [magina#ion Celebration Fo�t Worth,
Inc. to provide the services outlined abov�. .
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[�AT� ��FERENCE NE1NIH�T� L�� �lAN1E E'A���
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su����:T ��iVTF��1�T V4+ITI� I1v1A�I�lA�I�� �ELEBRA�TI�� FDRT IN��tTH, 1N�.
RE��N1NiEf�DAiI�1V:
Il i� recomm�r�ried �hat the �ily �ou�7�l�;
�, A�uthar��� Eh� �ity �vlanag�r �o exec�t� a c�n�ra�t wilhr Crr��gin�k�on �elebra�ion Fort Worth. In�. in
ihc �moun� of ��f},���; ��d
�. �1�ti�o�i.�e �I�e cor�lr�cf fo b�g�n �cto��r �, �OQ�, �nd ex�ir� �ep�e.mi�er �0, �00�_
��1�'i�1�L+'��lL����
In 19�7, kF�e �C�n�edy� �ent�r Mrfr�,�inat'ron �el�bra�'ron prograrr� began as an ou���a��r �r�}��i� a� tfne
.�ol�n F. 4��nnedy ��nte� fa� !he Perforrning A�ts, It w�s c��ated #o do�r�l�� �rts �warena�� �n scl�o��
�h�ldren, a�d an arts �liianc� be�w��r� e���ako�s, th�ir art� cou�terp�rls, �nd #h� com�u�r��+ cul���af
netwotk.
1ma�ina��or� ���ebratior� �ort VVort�r, Ir��_, a se�� of t#�e �{�r�n�c�}+ �enter Irr�a�gination ��I�bralic�n
pro���am, w�s cr�at�d and d�velo��� lhroaagh a parir�ershlp between th� �ori 1+V�rkh Er�deper�d���
��Yroof DistricE and the c��nmuni�y ��,atur�� r�e�w�r�. �ma�inatic�r� �elebraiion �ort 1+V�rlh, In�. has s�n�e
bacome an in�e�snd�nt non-profif org��iz.ai�on.
Jn rr�osk comr��,nr���s, Ima�€na#ion �alebr�#i�n p�o��ar�s �re �er�t�r�d o� a�k fes#iv�ls ��r y�ung p�opl�.
In ForE V�lvrth. �rnagin�lian ��1et�r�tio� �ff�rs a y��rlo�g program i:k��t �oordinat�s and pa�ra��}r funds
�he �ci�ca�lon�l o�te�a�h p�agrams �f the lea�iing arfs ��d c�rllu�al irYs�ik��ior�� ir� our ar��, All progr��s
are co-curr�cula� ar�d inker�ded �ot oniy� to enrich t�� I��rning �xparlen��s �� studer�ls, b�E ai�� to b� a
dlf�ct compononk �f dail}� class�oonrti currl��l�m a��i t� rc�l;�t� ta �I�� b�sl� �f�ment� a� I�arni�rg.
TF�rougY� Jr�agir�allon �elak�rali��y �ark 1+�lorkh, Inc, ��r#nership�, a I�r�e �r�r�rb�r �� s��uden#s �r� r����ed
�vit� �I�ei� firs# �xpasu�� ko t��� arts, �'ar�i�ukari}� t�r��#�c� are �lude��s wit�r �p�cial r���ds, and thos�
i�r�m lower so�io���onoRr��� fevels,
It is pr���s�d th�t a��ar��rac� �� sx�cu#�d be#we�n th� �ity and Ima�ir�atian �ele�ratlan ��rt 1Narth,
1nc. �� �rovrde the ����Ices ��tElr�ed a{aov�,
C�r't�v a f ��'o�-t ���r��t��, �ex��s
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