HomeMy WebLinkAboutContract 27575. , c��v s�������v �S��S
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• STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, The Arts Council of Fart Worth & Tarranfi County has
presented a propasal for a community-wide cultural planning process to tt�e
citizens and governm�nt of the City of Fort Worth; and
WHEREAS, the City of Fort Worth desires to contract with fhe Arts
Councif of �ort Worth & Tarrant County to implement such a cultural planning
process for th� b�iterm�nt o� the quality of Eife in Fort Worth,
NOW, THEREFORE, TH15 CONTRACT FURTHER WITNESSETH:
That for and in consideratian of the mutuaf covenants, pramises and agreements
contained herein, the City of Fort Warth {"City"), a home-rule municipal
corporatian acting by and #hrough Charles R. Boswell, its duly authorized
Assistant City Manager, and the Arts Council af Fort Worth & Tarrant County
("Contractor") a nonprofit Texas carporatio�, acting by and thraugh Flora Maria
Garcia, i#s duly au#horized President, da hereby covenant and agree as follows:
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Contractor covenants and agrees to provide the services a# administratiot�
and oversig}�t of a community driven planning process that wiil explore ways to
retain, preserve and enhance the best of Fort Warth and Tarranf County's
cult�ral past a�d present wF�ile buifding the quality of life for the new century.
The specifies of these services are contained i� Exhibit A, "A Cultural Plan for
Fort Worth and Tarrant County," attached hereto ar�� made a part of this
agreem�nt for ai! purpases.
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The services are to be provided for a period beginning March 1, �n02 and
ending Fe�ruary 28, 20Q3, with ot�e one-yea� renewal u�on mutual agreement of
the parties. Consideration for tf�e services to be perform�d hereunder by
Contractor shall be in the amount of Fifteen Thot�sa�d dollars ($15,000�
annually, in a single-sum payment.
At the end of each three-month quarter �uring the term hereaf, Contractor
shall submit a re�art, a tempEate of wh�ch �s aftached as Exhibit B, of its services
rendered during each quarter and be subject to a review by the City af its
services and activities in performance of this contract.
3.
Either party may canc�l ihis contract upon sixty (fi0) days' natice in wri�ing
to the other party of such intent #o terminate. ln the event of such termination,
City shall be obligated to Contractor anly for the services pErformed up io the
date of termination, and Contractor agrees to reimburse City for any portion of
th� funds nvt utilized for performance of seruices under this agreement.
4.
Contractor covenants an� agrees to fully cooperate with Ciiy in monitaring
the effectiveness ofi the serviees to be performed under this agreement, and City
shall have access ta records of the Contractor as necessary for the purpose of
such monitoring.
5.
Contractor shall operate hereunder as a� independent contractor ar�d not
as an officer, agent, servant, or employee of the City of Fort Worth. Contractor
shall have exclusive control of ar�d the exclusive ri�ht ta control the detaiis of th�
services performed 1�ereunder, and afi persons performing same, and shall be
solely r�spansible for the ac#s and amissior�s of its officers, agents, servants,
employees, subcontractors and }�ragram participants. The doctrine of
respondeat superior shall not ap�ly as beiween the City and contractor, its
officers, agents, servants, empEoyees, subcontractors, or program participants,
and nothing herein shall be construed as creating a partnerst�ip ar joint
ente�prise between City and Contractor. It is expressfy undersfood and agreed
that na officer, agent, employee, or subcontractor of Contractor is in the paid
servic� of the City af Fort Worth.
6.
City shal[ in no way or under any circumstance �e responsible for any
proper#y belonging to Contractor, its officers, agents, employees, or
subcontractors or program participants, which may �e last, stolen, destroyed or
in any way damaged; an� Contractor hereby indemnifies and holds harmless the
City, its officers; agents, and e�mployees, from and against any and a!I claims or
suits concerning such property.
7.
Cantractor covenants and agrees to ir�demnify, hold harmless and defend,
ai its own expense, the Cit�, �ts officers, agents, serva�ts, and emp�oyees, fram
and against any and al� claims or suits for property loss or damage andlor
personal injury, including death, to any and all p�rsans of whatsoever kind or
character, whether r�al or asserted, arising out of or ir� connectian wifh the
execution, performanc�, attempted performance or nonperformance of this
contract and agr�ement, and/or the services per�armed hereunder, whether or
not cause, in whole or in part, by al�eged n�gligence of afficers, agents, serva�#s,
or employees of the Gity of Fort Workh; and Co�tractor hereby assumes afi
iiability and �esponsibility of City, its officers, agents, servants and employees, for
any and all claims or suits of property loss or damage andlor p�rsanal injury,
including tieath, to any and all persons, of wF�atsoever kind of character, whetner
r�al or asserted, arising out of or in connecti4n with the execution, perFormance,
attempted andlor the services perfarmed hereunder, whether or �at cause, in
whoke or in part, by ail�ged r�egligence of officers, ag�nts, servants, or
emplayees of CEty.
In the event it is determined that Contractor has misused, mEsapplie� or
misappropriated all or any part of the fun�s provided hereur�der, Cantractar
agrees to indemnify, hold harmless ar�d defend the City af Fari Worth, its
offic�rs, ag�r�ts, servants, and emp�aye�s, from and against any and all claims ar
suits resulting from such misuse, misapplication or misap�ropriation.
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If Contractor, as a chari#able or not�prafit organization, has or claims an
imm�nity or exemptian (statutory or otherwise) from and against iiabiiity for
damage or injury, including death, to persons or pro�erty, Contractor hereby
expressly waives its rights to p{ead defensively such immunity or exemption as
against the Cit.y.
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Cantractor shall not assign or su�cantract all or any part of its rights,
privileges or duties under fhis contract withaut the prior w�itten consent of City,
and any attempted assignment of subcontract af same without such �rior written
appraval shall be void a�d constitute a breach of thEs agreement.
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Contractor, its offEcers, agents, employees and subcontractors, shala abide
by and compfy with all laws, federa�, state and local, including ali ordinanees,
rules and regulations of the City of Far� Worth. It is agreed and understaad that,
if City cal�s to the attention of Contractor any such vialation on the part af
Cantractor or any of its officers, agents, employees or subcantractors, then
Contractor shall immediately desist from and correct such violatian.
11.
Contractor, in t�e execution, performanc� or attempted perfarmance of
this contract and agreement, will not discriminat� against any p�rson or per�ons
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because of sex, race, religion, color or national origir�, nar wili Cpn#ractor permit
its officers, agents, employees, or subcontractors to engage in such
discriminatior�.
This agreement is made and entered into witn reference specifical�y to
Chapter � 7, Article I I I, Division 3, of the City Cade of the City of Fort Worth
�"Discrimination in Empfoyment Practices"), and Co�tractor hereby covenants
and agrees that Contractor, its agents, employees and subcontractors have fully
com�lied with all pravisions of same and that no em�loyees, or emplayee-
app[icant has been discriminated against by either Contractor, its agents,
employees or subcontractors.
12.
Cantractor shall furnish a certi�cate of insurance as praof that i# has
seeured and paid for a policy of public liability irtsurance coverit�g all pubEie risks
inciclen# �o or in connection with the execution, perfarmance, attempted
perFormance or nonpertormance of ihis contract and agreement.
Such amounts sha[1 be as follows:
Praperty damage, per accurrence $�OD,OOfl
Bodily injury or death, per person $250,000
Bodiiy injury of death, per occurrence $500,000
with #he understanding and agreemen# Contractor that such Ensurance amo�nts
shaf! be revised �pward at Ciiy's option and the Contractor shall revise such
amo�nts within thirty (30) days following notice to Cantractors of such
requirements.
Contractor further agrees t�at it shall camply with the Worl�er`s
Compensatior� Act of Texas and shall provide sufficient comp�nsation insurance
to protect Contractor and the City af Fort Worth from and against any and all
Worker's Compensation claims a�ising from the work and services provided
und�r this contract.
13.
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In the event no funds or insufficient fu�ds are appro�riated by the City in
any fiscal period any payments hereunder, City will natify Consuliant of such
occ�rrence and this Contract shail terminate on the last day of the fiscal period
for which appropriations were received wktho�t penalty or expense to City of any
kind whatsoever, except as to the portions of #he payments herein agreed u�on
tor which �unds sf�all have been appropriated.
14.
This written instrument constitutes the entire agreement by the �arties
hereto concer�ing the work and services to be performed hereunder, and any
prior or contemporaneous, oral or written agreement, w�ich purports to vary from
the terms hereof shaE� be void.
'I 5.
Sl�ould any action, whether real or asserted, at law or in equity, arise out
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of fhe execuiion, performance, aftempted performance of this confract an�i
agreement, venue for said action shall lie in Tarrant County, Texas.
IN WITNESS WNEREOF, the parties hereto have executed this
agre�ment in multiples in Fort Worth, Tarrant County, Texas, this
�'�iay of �Girt� , A. D. 2002.
AjT�ST:
; " �" ' , �
_ ,i • `.�r � � . .
��oria P rson
��ty S retary
CITY OF FORT WORTH
- .; � � � 1 ��
. By:
Charies R. Bosw�11 �
' Assistant City Manager
APPROVED AS TQ FORM AND LEGALITY:
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Contx�ct �uthariz��ion
i�atie
Date: � 12► 10�
ATTEST:
THE ARTS COUNCI� OF FORT
WORTH
By:� ��� � �,
Presiden �/
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, th� undersigned authority, a Notary Public in and for the
Sfiate of Texas, on this day personally appear�d Flora Maria Garcia, known to
me fio be #he persan whose name is subscrib�d ta the fo�egoing instrument and
acknowledged to me that the same was the act of the Arts Councif af Fort Wo�th
and that she executed the same as the act af said Arts Counci! of Fort Worth for
the purpase and consideration t�erein expressed and i� the capacity therein
staied.
GIVEN UNDER MY HAND AND SEAL OF 4FFICE this day of
`��� , A.D. 2Q02.
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yu�Wyi
�� a��nrrys� C� ,:����yNOL�S Notary Public in and for
�:zp�" ;�`� ����'s��e°fT��� ; the State of Texas
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STATE OF TEXAS §
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Pub�ic in and forthe State of
Texas, on this day personal[y appeared Charles Boswell, known to me to be the
person whose name is subscri�ed to the foregoing instrument, and
acknowledged to me that the same was the act of the City of Fort Worth and that
he execufed the same as the act of said Gity of Fort Wor#h for the purposes and
consideration t�erein expressed and in #f�e capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF �FFICE this ���day of
iZt �� � A. D. 2� a�-.
o���A� �as���r����r�s /�e� /�.-�-�
�'�+����� IVOTARYPUBLIC
� st�t� or �-�x�� Notary P�blic i� and for
��t� co�,�m. Exp, 0�-31-��p�
� " � . .. � � , "., ,. � � �� �.,� � . �,,� , the Sta#e of Texas
My c�mmission expires:
U��.�!—p,5
5unflow�r
Johnson, ieresa A.
Fram: Dav�s, hlugh W Jr
Sent: Wednesday�, March 27, 2002 2:21 PM
To: Johnsan, Teresa A.
Subject: RE: Cantract with The Arts Cauncil
Verified. Amount less than $25K annually; no reai estate.
-----Original Message-----
�rom: Johnson, Teresa A.
Sent: Wednesday, March 27, 20�2 12:06 PM
To; Qa�is, Hugh W Jr
Subyect; Confract wifh The Arts Council
Pag� 1 of 1
Hugh,
This cantract sent for Gloria's signature does not have any M&C information on it, l
donf think it requi�-es M&C approva[ but I need your verification.
Thanks,
�eresa �4nn Johnson
�ustomer Service �ep. II
City Secretary�5 O�IC@
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3/27/02