HomeMy WebLinkAboutContract 28194STATE OF TEXAS § ��� ���R� ��� _ I
C�UNTY OF TARRANT § � "���
WHEREAS, the Youtf� as Resources Projec� of t�te Community Foundation
pro�ides funding for youth-lead projects in Fo�t Worth and Tarrant County; an�
WHEREAS, the City of Fort Worth desires to contract wifih Youth as Resources
Project of the Community Foundation, ta implemer�t communi�y service pro�ects that
address community social issues; and
WHEREAS, the Youth as Resources Project of the Commu�ity Foundation has
offered to pravide such services to citizens of the City of Fort Worth;
NOW, THEREFORE, THi� CONTRACT FURTHER WITNESSETH:
That fior and in consideration of the mut�al covenants, promises and agreements
cantained herein, the Cffy of Fort Wort� ("City"), a home-rule municipal corporation
acting by and ihrough Charle� R. Boswe�l, its duly authorized Assistant Ciiy Manager,
and the Youth as Resources Project of the Community Foundation, {"Contractor"} a
nonprofit Texas corporation acting by and through Carrie Woodson, its duly authorized
Praject Director, do hereby cavenant and agree as follows:
1.
Contrac�or covenants and agrees to provide financial assistance to young people
to d�sign and implement projects to meet the r�eeds ofi the community, such services to
be provided for a period beginning October 1, 2002, and ending Sep#ember 30, 2003.
� 2.
f n consideration ofi the services to be perfofimed hereu�der by Contractor, City
promis�s a�d agre�s �o pay Contractor in one installment, #he sum of Five Tho�sand
Dallars {$5,OD0).
At the end of eac� three-month quarter during �he term hereof, Contractor shall
submit a report [Exhibit Aj of i#s services rendered during each quarter and be subject #o
a review by the City of its services and ,acti�ities in performance of this contrac�.
3.
Either party may cancel this cor�tract upon fhi�ty (3d) days` notice in writing to the
other party of such intent fo t�rmina�e. Ir� the event of such termination, City sf�all
reimburse Contractor far the services performed up io th� da�se {� #�s�di�������. ��
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4.
Contractar covenants and agrees to fully cooperate with City in monitoring the
effecti�eness of the services to be performed under this agreemenf, and City shail ha�e
access af all reasonab�e hours to of�ices and records ofi Contracfor for the purpose o�'
such monitoring.
�
Contractar shall aperafe hereund�r as an independent contractor and not as an
officer, agent, servant, or employee of tF�e Gity of Fort Wortf�. Contractor shall ha�e
exclusi�e control of and the exclusi�e right to control #he detaiis of the s�rvices
performed h�reur�der, and all persons performing same, and shall be solely responsible
for the acts and amissians of its officers, agents, servants, employees, subconfractors
and prog�am participants. The doctrine af respondea� superior sl�all no� appiy as
between the City and contractor, its officers, agents, servants, employees,
subcontractors, or program �articipants, and nothing herein st�aE! be construed as
creating a partnership or joint enferprise between City and Contrac�or. It is expressly
understood and agreed that no ofFicer, agent, emp�oyee, or subcontractar of Co�tractor
is in the paid service of the City of Fort Worth.
6.
City shall in no way or �under any circumstance be respansible for any property
�elongir�g fio Contractor, its officers, agents, employees, or subcontractors or program
participants, which may be lost, stolen, destroyed or in any way damaged; and
Contractor here�y indemnifiies and holds harmless the City, its offcers, agents, and
employees, from and against any and all ciaims ar suits coneerning such property.
7.
Contractor covenants and agrees to indemnify, hold harmless and defend, at its
own expense, tF�e City, its officers, agents, servants, and employees, from and aga�nst
any and all claims or s�tts for property loss or damage andlor personal injury, including
death, to ar�y and all persons of whaisoe�er kind or characi�r, whether rea[ or asserted,
arising out of or in cortnection with the execution, p�rtormance, attempted performance
or nanperformance ofi this contract and agreement, and/or fhe s�rvices performed�
h�reunder, whether or nof cause, in whole or in part, �ay alleged negligence of ofFicers,
agents, servants, or employees of the City ofi .�ort Worth; a,�ld ���'�ar��� �����y
assumes a�l Iiabilify and responsibilify of Cifiy, its officers, �g�t� � e�r��,3��� armd
�i� ��;� �� �'��;1.. �h���.��. 1
employees, for any and ail claims or suits of property loss or damage andlor personal
injury, including death, to any and all p�rsons, of whatsoever kind of character, whe#her
reaf or asserted, arising out af or in conneciion with the execution, perFormance,
attempfed andlor the services per�ormed hereunder, whether ar not ca�se, in whole or
in part, by alleged negligence of officers, agents, servants, or employees of City.
In the event it is determined that Contractor has misused,� misapplie� or
misappropriafed all or any part of the funds pro�ided hereunder, Contractor agrees to
indemnify, hoEd harmless and defend the City of Forfi Worth, its officers, agents,
servants, and emp�oyees, from and againsi any and all claims or s�aits resulting from
such misuse, misapplication or misappropriation,
- 8.
1f Contractor, as a charitable or nonprofif organization, has or claims an immunity
or exemption (statutory or ofherwi�e) from and against iiability for damage or irtjury,
[ncluding death, fo persons or property, Contractor hereby expressly wai�es its rights to
plead defensively such immunity ar exemption as against th� City.
9.
Contractor shall not assign or subcontract a{I or any part of its rights, privileges or
duties under this contract wifhout the prior writfen consent ot City, and any attempted
assig�ment of subcontract ofi same wifhaut such prior written approval shall be void and
canstitute a breach of #his agreement.
� �.
Contractor, its officers, agents, emplayees and subcontractors, shall abide by
and comply with all laws, fiederal, state and Iocal, includin� all ordinances, rules and
regulatio�s of #he City of Fort Worth. It is agreed and understood fhat, if City ca[Is to the
attention of Contractor any s�tch �iolation on the part of Contractor or any of its officers,
agents, �mployees or subconfrac�ors, th�n Contractor shall immecliately desist from and
cotrect such viola�ion.
11.
Contractor, in tf�e execution, performance or attempfed perFormance of fhis
contract and agreement, will nat d�scriminate against any person or persons because of
- sex, race, �eligion, calor ar na#ional origin, nor will Contractor permit its officers, agents,
employees, or subcantrac#ors to engage in such discriminafion.
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TY�is agreemeni is made artd entered into witf� re�erence specifically fio Chapter
17, Article III, Division 3, of the C�fiy Code of the City of Fort Wo�th ("Discriminafion in
Employmenf Practices"), and Contractor f�e�eby covenants and agrees that Con�rac�or,
its agents, empNoyees an� subcontractors have fully complied with all �rovisions of
same and that no employees, or employee-applicant has been discriminated against by
either Cvntrac#or, ifs agents, employees or subcontractors.
12.
Contractor shall furnish a�certificate of insurance as proof that if has secured and
paicf for a policy of public I�ability insurance covering alf pu6Eic risks incident to ar in
canneciion with the execution, performance, a#tempted performance or nonperformance
of this contract and agre�ment.
Sue� amounts s�all be as follows:
Propertyvdamage, per occurrence $� O�,a00
Bodily injury or death, per person $250,�00
Bodily injury ofi death, per occUrrence $500,aao
with the understandir�g and agreement Contractor tha# suc� �nsurance amounts shail be
re�ised upward at City's op�ion and the Contractor shall revis� such amounts w�thin
thirty (30) days fol[owing notice to Contractors of sueh requirements.
Contracto�' further agrees ihat it shall comply wifih tf�e Worker's Compensatio�
Act of Texas and shall provide suffiicient compensaiior� insurance to protect Cont�actor
and the City of�Fort Worth from ar�d against any and all Worker's Compensation claims
arising from ti�e work and services provided under this contract.
13.
In the svent no funds or insufficient funds are appropriated by th� City in any
fiscai p�riod any payments hereunder, City wi11 no�ify Consultant of such oecurr�nce
and this Contract shall terminate on fihe iast day of the fiiscaf period for which
appropriations were received without penaity or expense to City of any kind whafsaever,
excep� as to the portions of fhe payments herein agreed upon for which funds shall
ha�e been appropriated. `
14,
This wriften insfrumen# constitutes the entire agreement by fihe parties hereto
concerning the work and services to be perFormed hereunder, ���h ��r a� pE i�� �.�� �,�
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contemporaneous, oral� or written agreement, which purports to �ary from �he terms
hereof shall be �oid.
95.
Sho�ald any action, w�e#her real or asserted, at law or in equity, arise out of the
execution, performance, attempted performance of this contract and agreement, Wenue
for said action s�all lie in Tarrant Co�tnty, Texas.
iN WlTNESS WHEREOF, the parties hereto have executed this agreement in
�
multipies in Fort Workh, Tarrant County, Texas, this .'' � day of
� � - , A.D. 2002.
._ . „ �,��. ._
ATTEST: CITY OF F�RT WORTH �
r . � �_ �:, "_�_
�loria Pear�' "
City Secret ry
_ . B�: �, �. . G�
Char es R. Boswell
Assis#ant City Manager
APPROVED AS TO FORM AND LEGALITY:
Ja...% ,c
Assista�t City Attorney
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Ct��i�;���;� �u�tharixat�,Ox�
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����
Date:
ATTEST:
YOUTH AS RE50URCES PROJECT
OF THE COMMUNITY FOUNDATION
By' � �.e� /�
C ' Woodson
Project Dir�ctor
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STATE QF TEXAS
COUNTY OF TARRANT
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BEFORE ME, the undersigned authority, a Notary Pubiic in and for fihe State of
Texas, on this day persona[ly appeared Carrie Woodson, known to me to be the person
whose name is subscribed fo the foregoing instrument and acknowledged to me tha� the
same was the ac� of the You�h as Resources Pro�ecf of fhe �Comm�nity Foundation and
that she executed th� same as the act of said Youth as Resnurces Projeci of the
Community Fo�tndation �or ihe purpose and consideration therein expressed and in the
capacity therein stated.'
GIVEN IJNDER Ml( HAND AND SEAL OF OFFICE �his
� �eJ/ , A.D. 2002.
Y `v �LIPiTdP.����fR!l1L�L�fI
�iiOTAti'f �8TA��T�
4 caMf�IS810W EKPIR�$:
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STATE OF TEXAS §
COUNTY OF TARRANT §
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l f day of
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r�fi�'l'l'�l�/_!' � �:��/�� '� �. ,
� N'Q�a .. Public in��. nd for �
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the State of T�xas
BEFORE ME, ti�e �ndersig�ed authority, a Notary Public in and for the State of
Texas, on this day personaily appeared Charles R. Boswell, known to me to be the
p�rson whose name is subscribed to #he foregoing ins�rumenf and acknowledged ta me
th�t the same was the act of the City of Fort Worth for the purpase and consideration
therein expressed and ir� fihe capacity therein sta�ed.
GIVEN UNDER MY HAND AND SEA�. OF OFFICE this I��� day of
�/�y�� , A.D. 2002.
�=O,��YP�j�n ROSEL�ABAftf��S
1.�9��,� NOTARY PUBLIC
�9���j�� State of Texas
+,,,��� Comm. Exp. 03-31-2005
��-.�- �t�-�
Notary Public in and for
the State of Texas
YOEJiF� �►� ��SQ�I�C�S
�XbIBIT �e
�ROG��►fi� ���ViC� AC�Il�'IiI�S
� To award small grants to young people to design
and carry out community service proj�ct that
address soc�al problems and contribute to
community change
� Pro�ide youth leadership workshops
Recruif yo�ath and adult advisory board members
seeking to impro�e tf�eir commun�ties.
G�A��
15-2Q grants {$1Q0 �
$1,50D}
2 warkshops serving
300 adults and children
30 youth and adults