HomeMy WebLinkAboutContract 27209CIYY ��CR�A�#�Y , ,
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STATE O� TEXAS §
C�UNTY OF TARRANT §
WHEREAS, the Tarran# Caunty Veterans Council provides programs for fhe
honoring of the ve�erans in the Fort Worth area; and
11VHEREAS, fhe City of Fort Worth desires to contract with ihe Tarrar�t County
Veterans Council, to implement evenfis in the recognitian af the �eterans in �ort Worth;
and
WHEREAS, the Tarrant CoUnty Veterans Council has ofFered to provide such
services to citizens of the City of Fort Worth;
NOW, THEREFORE, THIS CONTRACT FURTHER WITNESSETH:
Thaf for and in consideratio�n of tt�e mutual covenants, promises and agreements
con�ained herein, tl�e City of Fort Worth {"City"), a home-ru{e municipal corporation
acting by and through Charles R. Boswell, its duly authorized Assistant City Manag�r,
and the Tarrant County Veterans Council, ("Contracfor") a nonprofi# Texas corporatian-
acting by and through Hubert Foster, its duly authorized ExecutiWe Director, do hereby
�o�enant and agree as follows:
�
1.
Contractor cavenants and agrees to implement and coordinate events for the
recognition of a11 �eterar�s within the Fort Worth area, such services to be provided for a
period beginning October �, 2001, and ending Sepfiember 30, 20D2.
2.
ln consideration of the services �o be performed hereunder by Contractor, City
promises and agrees to pay Contractor in one installment, the sum of Five Thousand
Dollars ($S,OOD}.
3.
Either party may cancel this contract upon thirky (30} days' nofice in vwritir�g to the
other party of s�ch intent to terminate. In the eveni of such termination, City shall
reimburse Contractor for the services performed up to the date of termination.
4.
Cantractor co�enants and agrees to fully cooperate with City in monitoring �he
effecti�eness of the services to be p�rFormed under this agreement, and City shall ha�e
.
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5.
Contractor shal� operate hereunder as an independenf contractor and not as an
officer, agent, servant, or employee of the City of Fort Worth. Contractor shaA have
exclusive con�rol of and the exclusive right �o control the deiails of the services
perFormed hereunder, and all persons perfarming same, and shail be solely responsible
for the ac�s and omissions of its afficers, agents, servants, employees, subcontracfors
and program participants. T�e doctrine o# respondeafi superior shafl not apply as
between the City and contractor, its officers, ag�nts, servants, employees,
subcontractors, or program participants, and nothing tierein shall be consfrued as
creating a par�nership or joint enterprise between City and Cantractor. It is expressly
unders#aod and agreed that no officer, agent, employee, or subcontractor of Contractor
is in the pai� service of the City of Fort Worth.
6.
City sha[I in no way or under any c�rcumstance be responsible for any property
belonging to Contractor, its ofFicers, agents, employees, ar subcontractars or program
partic�pants, which may be lost, stal�n, destroyed or in any way damaged; and
Contractor hereby indemnifies and holds harmless the City, its officers, agents, and
employees, from and against any and all claims or suits concerning such property.
7.
Cantractor covenants and agrees �o indemnify, hold harmless and defend, at its
own expense, the City, i�s officers, agents, servants, and employees, from and againsfi
any and all claims or suits for property loss or damage andlor personal injury, including
deafh, to any and all persons of whatsoever kind or c�aracter, whether real or asserked,
arising out of or in cannection with the execution, perFormance, attempted pertormance
or nonperFormance of this contra�ct and agreement, andlor the services perFormed
hereunder, wheth�r or not cause, �n whofe or in part, by alleged negligence of officers,
agen#s, servants, ar employees of the City of For� Worth; and Contractor hereby
assumes aIl liability and responsibility of City, its offic�rs, agents, servants and
employees, for any and all claims or sui#s of prop�rty loss or damage andlor personal
injury, including death, to any and all persons, of whafisoe�er kind of characfier, whether
real or asser�ed, arising out of or in connection with the execution, perFormance,
attempfed andlor the services perFormed hereunder, whetner or not cause, in whole or
in part, by alleged negiig�nce of officers, agents, servants, or employees of City.
In �he event it is de#ermined that Contractor has misused, misapplied or
misappropriated all ar any part of the funds provided hereunder, Contractar agrees to
indernnify, hold harmless anci defend the City of Fort Worfih, its officers, agents,
servants, and em�loyees, from and against any and all claims or suits resulting from
s�ch mis�se, misapplication or misappropriation.
8.
If Contractor, as a char€table 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 def�nsively such immunity or exemption as against the City.
9.
Contractor shall not assign or subconfiract alf or any part of ifis rights, pri�ileges or
duties un�er this contract without the prior written consent of City, and any attemptsd
assignmen� of subcontract of same withou� such prior written appro�al shall be void and
constitu#e a breach o�F this agreement.
1 a.
Contractor, its officers, agents, employees and s�bcontractors, shall abide by
and camply with all laws, federal, siate and locaf, including a[I ordinances, rules and
regulatiorts of ihe City of Fort Worth. It is agreed and understoad that, if City cal[s to the
attenfion af Contractor any such �iolation on the part af Contractor or any of its officers,
agen#s, employees or subcontractors, fhen Confiracfior shall immediately desist from and
carrect s�ch violation.
11.
Contractor, in the execufion, perFormance or attempted perFormance of this
confract and agreement, will not discriminafe against any person or persons because of
sex, race, religion, color or national origin, no� will Contractor permit its officers, agents,
emp[oyees, or subcontractors to engage in such discrimination.
This agreement is made and entered into with reference specifically to Cha�ter
� 7, Articfe 111, Division 3, of fhe Ci#y Code of the City of Fort Worth ("Discriminatian in
Employment Practices"), and Contractor hereby covenants and agrees that Contractor,
its agents, employees and subcantractors hav� fully complied with all pravisions of
same and that no employees, or employee-applicant has been discriminated against by
either Cantracfor, its agents, employees or subcontractors.
12.
Confiractor shall furnish a certificate ofi insurance as praofi that it has secured and
paid for a policy of public liabi{ity insurance coverir�g all public risks incident to or ir�
connection wi#h the execution, perf'ormance, attempted performance or nonperformance
of �his confracf and agreemenf,
Such amounts shall be as follows:
Property damage, per occurrence $10�,Q00
Bodily injury or death, per persoh $250,aoa
Bodil� injury of d�ath, per occurrence $500,000
with the understanding a�d agreement Cor�tractor t�at s�ch insurance amounts sha{I be
revised upward at C�ty's opfion and the Contracfor shall revise such amounts within
thirty (30) days following notice to Confractors of such requirements.
Contracior fur�her agrees that it shall compiy with fhe Worker's Compensation
Act of Texas and shaN pro�ide sufficient campensation insurance to protect Contractor
and the City of �ort Warth firom and against any and al! Worker's Compensation claims
arising from the work and services provi�ed under this contrac#.
13.
In the event no funds or insuf�icient funds are appropriated by the City in any
fiscal period any payments hereunder, City wi[I notify Gonsuftant of such occurrence
and this Contract sF�all terminate on the last day of the fiscal period for which
appropriatior�s were received witl�out �enalfy or expense to City of any kind whatsoever,
excep# as fio fhe portions of the payments herein agreed upon for which funds shall
ha�e been appropriated.
14.
This writt�n instrumenf constitufies the entire agreement by fhe parties herefo
concerning tf�e wor� and services ta be perFormed hereunder, and any prior or
contemporaneous, oral or written agreement, which purports to vary from th� terms
hereof shall be void.
9 5,
Should any action, whether real or asserted, at law or in equ�ty, arise aut of the
execufion, performance, attempted perFarmance of this contract and agreement, venue
for said acfion shall lie in Tarrant County, Texas.
IN WITNESS WHEREOF, the �arties hereto have execute� this agreement in
multiples in Fort Worth, Tarrant County, Texas, this �� .; day af
, _ , A.D. 20Q1.
ATTEST:
" „�,q.:
� � ' Glor� Pearson
� City ecretary
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CITY OF FORT WORTH
APPROVED AS TO FORM AND �.EGALITY:
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Assista City Attorney
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Date: � � � �-' o r
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ATTEST:
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Char{es R. Boswell
Assistant City Manager
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Con��act Ruthori�r��an
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TARRAf�T COUNTY VETERANS
GOUNCIL
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Hu�bert F�'ster �
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STATE OF TEXAS
COUNTY OF TARRANT
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BEFORE ME, the undersigned authority, a Nofary Public in and for the State of
Texas, on this day personally appeared Hubert Fos�er, knawn to me to be the person
whose name is subscribed to the foregoing instrumenfi and acknowledged io me that t�e
same was the act of the Taarrant County Veterans Council and that he executed the
same as the act of said of the Tarra�t County Veterans Counci[ for the purpose and
ca�sideration therein expressed and in fhe capacity therein s�ated.
GCVEN UNDER MY HAND AND SEAI.OF OFFICE this �%�� day of
������� , A.D. 2001.
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liDTli�i�F�f0�5iAT�CF�
�° COqf�IB�ION E1�Pfl�[�:
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STATE OF TEXAS
COUNTY �F TARRAfVT
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ry Public � and for
the Sfate of Texas
BEFORE ME, the undersigned aufhority, a Nataty Pubfic in and for the Stafie of
Texas, on this day personally appear�d Charles R. Boswell, known to me to be the
person whose name is su�scribed fo the foregoing instrument and acknowled�ed to me
that the same was the act af the City of Fart Worth for the purpose and considera�ion
therein expressed and in th� capacity therein statecf.
GIVEN UNDER MY HAND AND SEAL OF OF'FICE tt�is
N , A.o. 200� .
=at"��p��� ROSELLA BARNES
y� ��� NOTARY PU9LIC
`� ,,,��� State af �Ax�s
4'�oF�.�Comm. Exp, D3-37_2045
� day of
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Notary Public in and for
the State of Texas