HomeMy WebLinkAboutContract 27246L
STATE OF TEXAS §
CDUNTY OF TARRANT §
CITY S�C���f,4�Y
�o�v���c�r �� . .� .
WHEREAS, tne First Texas Council of Camp Fire with its Corporafie Champions
Program promotes availat�ility, accessibility and �ffardability of high quality child care to
ben�fit the current and future work force, their employers, and the community at large;
and
WHEREAS, the City of For� Worth desires fo corttract wifh the First Texas
CoUncil of Camp Fire, to collaborate with the employers in Tarranf County who fiocus on
current workforce productivity and a more q�alified fufure workforce by investing 'rn
quality child care; and
VIIHEREAS, the �irst Texas Council of Camp Fir� has offered io pro�ide such
services to citizens of the City of Farf Worth;
NOW, THEREFORE, TH1S C�NTRACT FURTHER WITNESSETH:
That far and ir� considerat�on of fhe mutual covenants, promises and agreements
contained herein, the City of Fart Worth {"Ci#y"), a home-rule municipal corporation
act�ng by and through Charles R. Boswell, its duly authorized Assistanf C�ty Manager,
and the First Texas Council of Camp Fire, ("Contractor") a nonproft Texas corporation
acting by and fhrough Zem Neill, its d�fy authorized Executive Director, do hereby
co�enant and agree as follows:
1.
Contractor co�enants and agrees to provide services promoting hEgh quality
chiEdcare; such services are #o be pro�ided for a period beginning Octo�er 1, 2001, and
ending September 30, 2p02.
2.
In cor�sideration of the services to be perFormed hereunder by Contractor, City
promises and agrees to pay Contractor in one installmen�, �he sum of Ten Thousand
Dollars {$10,000).
At the end of each three�manth quarter during the term hereof, Contractor shall
submit a report [Exhibit A] of its services rendered during each quar#er and b� subject to
a re�iew by the CEty of its services and activities in pertormance of this contract.
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3.
Either }�arty may cancel this contract u�on thirty (30} days' notice in writing to the
other party O� 5UCi1 inient to terminate. In the evenf of such terminafior�, City shall
reimburse Contractor for fhe services performed up to the date of termination.
4.
Contractor co�enants and agrees to fully cooperate with City in monitoring fhe
�ff�cti�eness of the services to be perForm�d under #his agreement, and City shall ha�e
access at all reasona�le hours ta offices and recards of Contractor for ti�e purpose of
such moniioring.
5.
Contractor shall aperate hereunder as an indepe�dent confractor and not as an
officer, agent, servant, or emplayee of the City af Fort Worth. Confracfior shall ha�e
exclusive control of and the exclusive righ# to confrol the defails of the services
performed hereunder, and all persons perfarming same, and shall be solely responsible
for �he acts and omissions of its officers, agents, servants, employees, subcontractors
and program participants. The doctrine of respondeat superior shail not apply as
between the City and contractar, its officers, agents, serriants, employees,
subcontractors, or prog�am participants, ar�d na#hing herein shall be construed as
creating a partnership or joint enfierprise between City and Contractor. It is expressiy
understaod and agreed that no officer, agent, emplayee, or subcontractor of Contractor
is in the paid service of the City of Fort Worth.
6.
Cify shall ir� no way or under any circums�ance �e responsible for any property
be[onging to Contractor, its officers, agents, employees, or subcontractors or program
participants, which may be lost, stolen, destroyed or in any way damaged; and
Contractor hereby indemnifies and holds �armless the City, �ts officers, agents, and
employees, from and against any and aIl claims Qr suits coneerning such property.
7.
Contractar covenants and agrees to indemnify, hold harmless and defend, at its
awn exp�ns�, the City, its officers, agents, serva�ts, and emp[oyees, from and against
any and all claims or suits for property loss or damage and/or personal injury, incfuding
death, fo any and all persons of whafsoever Etind or character, whether real or asserted,
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arising ouf of or in connection with fihe execution, performance, attempted performance
or nonperformance of ihis cantract and agreement, andlor the services per�ormed
hereunder, whether or not cause, in whole or in part, by alleged negligence of afficer�,
agents, servants, or emplayees of the City of Fort V1lorth; and Contractar hereby
assumes all liability and responsibility of Ci#y, its officers, agents, servants and
emplayees, for any and all claims or suits af proper�y loss or damage andlor personal
injury, including death, to any and all persons, af whatsoever kind of character, whethe�-
real or asserted, arising out of or in connection with t�e execution, performance,
attempted andlor the services performed hereunder, whefiher or nat cause, in whole or
in part, by alleged negligence of officers, agents, servants, or employees of City.
In the e�ent it is de#ermined that Contractor has misused, misapplied or
misappropriate� all or any part of the funds provided hereunder, Contractor agrees to
indemnify, hold harmless and defend fhe Ci�y of For� Worth, its officers, agents,
servants, and employees, from and against any and al� claims or suits resulting from
such misuse, misapplication or misappropriation.
8.
If Contractor, as a charita�le or nonprofit organization, Y�as or claims an immuni#y
ar exempiion {statufory or othterwise} from and against liabilify for damage or �njury,
including dea#h, to persons or property, Co�tractor hereby express�y wai�es its rights #o
plead defensively such immunity or exempt'ran as aga�nst the City.
9.
Contractar shall not assign or subcontract aIl or any part of its rights, privileges or
duties under this contract without the prior wr�tten consen# of Ci#y, and any attempted
assignment vf subconfract of same without such prior written approval shall be Woic! and
canstitute a breach of this agreement.
90.
Contractor, its officers, agents, employees and subconfrac�ors, shall abide by
and camply with ail laws, federal, state and local, irocluding all ordinances, rules and
re�ulations of the City of Fort Worth. It is agr�ed and understood that, ifi City calls to the
attention of Contractor any such violation on the part of Contractor or any of its officers,
agents, employ��s ar subcantractors, then Contractor shall immediate[y desist from and
correct such �iolation.
��.
�
Contractor, in the execution, per�armance or attempted performance of this
contract and agreement, will not discriminate against any person or persons beca�se of
sex, race, religion, color or national origin, nor will Contractor permit its oificers, agents,
employees, ar subc�ntractars to engage in such discrimination.
This agreem�nt Es made and entered into with reference sp�cifically to Chapter
17, Ar�icle III, Di�ision 3, of the City Gode of the City of Fort Wvrth ("Discrimina�ion in
Employment Practices"), and Contractor hereby covenants and agrees that Cantrac�or,
its agents, employees and subcontrac#ors have fully eomplied with all provisions of
same and fihat no employees, or employee�applicant has been discriminated against by
either Contractor, i�s agents, employ�es or subcontractars.
12.
Contractor shalf turnish a certificate of insurance as proof that it has secured and
paid for a policy of public liability insurar�ce cvvering all public risks incident �o or in
connection with the executian, performance, attempted performance or nonperformance
af this cantract and agreemeni.
Such amounfis shaCl be as follows:
Property damage, per occurrence $100,000
Bodi�y injury or death, per person $250,OD�
Badily injury of death, per occurrence $500,OQ0
with the understanding and agreement Contractor that such insurance amaunts shall be
re�ised upward at City's option and the Contractor shall re�ise such amaunts within
thirty (30) days following notice to Contracfiors of such req�irements.
Contractor further agrees that it shafl camply with the Worker's Compensa�ion
Act of Texas and shall provide sufficient compensation insurance to protect Cantractor
and the City of Fort Wor�h from and against any and all Worker's Comper�sation claims
arising from the work and services provided under#his contract.
13.
�n the e�ent no funds or insufficient funds are appropriated by the City in any
fiscal period any payments hereunder, Cify will notify Consultant of such occurrence
and fihis Contract shall ferminate on fihe last day of the fiscal period for which
appr�priations were received withau� pena[ty or expense ta City of any [cind whatsoe�er,
except as to the portions of the payments herein agreed upon for which f�tnds shall
have been appropriated.
14.
Ti1fS WCIttBiI instrumen� constitutes the entire agreement by th� parties hereto
concerning the work and services to be performed here�nder, and any prior or
contemporaneous, oral or written agreement, which purports to vary from the terms
hereof shall be vaid.
15.
Should any action, whetf�er reai or asserted, at law or in equity, arise oui of the
execUtion, performance, attempfed performance of this cantract and agr�ement, �enue
for said action shalf lie in Tarranfi County, Texas.
IN WITNESS WHEREOF, tF�e parties hereto have executed this agreement in
multiples in Fart Worth, Tarrant Couniy, Texas, this j��. day ofi
t�, ,� -�,.�, , , A,D. 20a1.
ATTEST:
- �lo�a Pea�"son
City� Secretary
CITY OF FORT WQRTH
_ �� .
, �, , � � BY. � �,��A � _ ' ' ;, `� �1: rt :
Charles R. Boswell
Assistant City Manager
APPROVED A5 TO FORM AND LEGALITY:
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-, _ , _ . . __ —
Assis�nt City Attorney
❑&t�:
ATTEST:
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��ontrac� Authori�a�iiOn
Date
F'IRST TEXAS COUNCIL OF
CAMP FIRE
By. �� �- t .
Zem Neill
Executive Director
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STATE OF TEXAS §
COUNTY O�TARRANT §
BEFORE ME, the undersigned aufihority, a Nofiary Public in and for the State of
Texas, on this day personally appeared Zem Neill, known to me to be the person whose
name is su�scribed to the foregoing instrument and acknowledged to me that the same
was the act of the First Texas Cauncil of Camp Fire and that she executed fhe same as
the act of said Firsf T�xas Council of Camp Fire for the purpose and consideration
iher�in �xpressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,, � day of
� ' . , , A.�. 2�Q1.
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N�Vlb�y
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� � �: . � iddfary PtsbNc� �tnie Of?sxas
�� . ��ly Co�nmissi�on �xp, Di-i2-2002
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Notary Public in an� for
the 5tate of Texas
STATE OF TEXAS §
COUIVTY OF TARRANT §
BEFORE ME, the u�dersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Charles R. Bosweq, known to me to be the
p�rso� whose name is subscribed to t�e foregoing insfrument and acknowledged to me
that the same was the act of the City of Fort Warth for fhe purpose and consideration
t�erein expressed and in fhe capacity therein stated.
G1VEN UNDER MY HAND AND SEAL �F OFFICE �his �� day af
nf�� , A.D. 2001.
��Y �U'� RQSELLA BA�NES �� �_i�.. ��,2�-
�� �;n' NOTARYp{lg�,jC Notary Public in and far
�v���y stacs ot ��xas the 5tate of Texas
„'�„o� �Caerrm. F.�a. D3-31-2tj0�
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co��o��r� c��r��io�s
EXHI�[T �,
�R�GRA�lY �ER1�IC� �lGYIVI�I��
� �n-site technical assistance #o childcare centers
� Training to new center staff
� Management fraining to center directors
� Assist Centers in achieving NAEYC accrditafian.
G�]A��
25 centers
85 persons
135 center directors
2 centers