HomeMy WebLinkAboutContract 28195STATE O F TEXAS � , � , �CQN � �� � � .,'� � � L! �
COUNTY OF TARRANT § � �� ���
WHEREAS, the First Texas Council of Camp Fire with its Corporafe Champions
Program promotes availability, accessibili�y and affordabilifiy of high quality child care to
benefit the� curren� and future work force, flieir employers, and the cammunity at large;
and
WHEREAS, the City of Fort Worth desires to contract with fhe First Texas
Cour�ci� of Camp Fire; to collaborafe witF� the employers in Tarrant County who focus on
current workforce productivity and a more qualified future workfiorce by investing in
quality child care; and
WHEREAS, the Firs# Texas Council of Camp Fire has offered to provide such
services �o citizens of tF�e Cify of Fort Workh;
NOW, THEREFORE, THIS CONTRACT FURTHER WITNESSETH:
Tha� for and in consideration o� the mutua{ covenants, promises and agreemenfs
confiained i�erein, the City of Fort Worth {"City"}, a home-rule municipal corporation
actir�g by and fihrough Charles R. Boswell, �ts duly authorized Assistant Cifiy Manager,
and the First Texas Council of Camp Fir�, ("Cantracfor"} a nonpro�'it Texas corporatior�
acfiing by and t�rougY� Zem Neiil, its duly authoriz�d Executi�e Director, do hereby
co�enant and agree as follows:
�.
Contractar covenants and agrees fio provide services pramoting high quality
childcare; such services are to be provided for a period beginning �cto��r 1, 2002, and
ending September 30, 20p3.
2.
In eonsideration of the services to be performed h�reunc�er by Contracfor, Cit�
prvmises and agrees to �ay Cantractor in one installmeni, the sum of Ten Thousand
Dollars ($10,000}.
At the end of each fhree-month quarter during the term hereof, Contractor shall
submit a repor# [Exhibit A] of ifs ser�ices rendered d�ring each Quarter and be subject fa
a review by the City of its services and acti�ities in performance of tF�is cantract.
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3.
EitE�er parly may cancel fihis coniract upon thir�y {30) days' notice in writing �o fihe
ott�er party of such intent to fierminate.. In the evenf of such termina#ion, City shall
reimburse Contractor for the services performed up �o the d.afe of termination.
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Confractor covena�ts and agr�es ta fully coaperate with City in moniioring the
effecti��ness of the services to be per�ormed under this agreement, and City shall have -
access af all reasonable hours to offices and recorcls of Contractar for the purpose of
sueh monitoring.
5.
Contraetor shall operate hereunder as an independent contractor and not as an
officer, agent, servant, or employee of the City of Fort Worth. Contractar shall have
exclusiv'e control of and the exclusive right to controf the details of the services
performed hereunder, and a!I persons performing same, a�d sha11 be soEety responsible
for the acts and omissions ofi its officers, agents, servants, empioyees, subcontractors
and program parkicipan#s. The doctrine of respondeat superior shall not apply as
between the City and contractor, ifs officers, agents, servants, employees,
subcontractors, or program participants, and nothing herein sha�l be consirued as
c�ea�ing a partnership or joinfi er�terprise beiween City and Contracfor. �t is expressly
understood and agreed that no officer, agent, employee, or subcontrae�or of Can�ractor
is Er� the paid service of the City of Fort Worth.
6.
City shall in no way ar under any circumstance be responsible for any praperty
be�onging to Contractor, its officers, �gents, em�loy�es, or subconfractors ar program
partic�pants, which may be fost, stolen, cfestroyed or in any way damaged; and
Con�racfior f�ereby indemnifies ar�d holds harmless the City, its officers, ager�ts, and
employees, from and against any ancf all cfaims or suits concerning such property.
7. �
Cantractor covenants and agrees to indemnify, hofd harm�ess and defend, at its
own expense, the City, its officers, ar�ents, servants, and employees, from and against
any and all claims or suits for property loss or dama�e andlor p���"� injur-}F #��l;:���g
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death, to any and all persons of whatsoever kind or ch�racter, wh�e��� �k���� ����rk�d,
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arising aut of or in connection with the execution, �erformance, attempted performance
ar nonperformance of �his confract and agreement, andlor fhe services performed
here�nder, whether ar not cause, in whoie or in par�, �y a1l�ged neg{igence af offic�rs,
agertts, servants, or emplayees of the Ci�y of For� Worth; and Contractor hereby
assumes ai! liabili�y and responsibility of City, its officers, agen�s, servants and
employees, for any and al1 claims or suits ofi property loss or �amage andlor personal
injury, inclu�ing death, �o any and all persons, of whatsoever kind of character, whether
real or assert�d, arising out af or in connection with �he execution, performa�ce,
attempted andlor the services performed hereunder, whether or nof cause, in whofe or
in part, by allegetf negligence of afficers, agents, servants, or empioyees af City.
In the event it is determined �hat Contractor has misused, misapplied or
misappropriated all ar any part of the funds provided hereund�r, Contractor agrees to
ind�mnify, hold harmless and defenc� the City of Fort Worth, its officers, agents,
servants, and employees, from and agains� any and all claims ar suifis resuifing from
such misuse, misapplication or misappropriation. .
� 8.
If Contractor, as a charitable or nonprofit organizati�on, has or claims an immunify
or exemption {statutory or otherwise) fram and against liabi{ity for damage or injury,
including deaih, fio persons or property, Contractor he��by expressly wai�es its rights �o
plead defensively such immunity ar exemptian as against fhe Cify.
9.
Contractor shall not assigrt or subcontract all or any part af i#s r[ghts, pri�ileges or
dufiies under this confiract withouf the prior written conser�t of City, and any attempted
assignmen� o� subcontract of same without such prior written approval shall be �oid and
constitute a breach of ihis agreemenf.
10. .
Confractor, its officers, agents, employees a�d subcontracfiors, shall abide by
and cnmply wifh all laws, federal, state and local, including al! ordinances, rules and
regufatians of �the. Ci�y of Fart Vllor�h. it is agreed and ur�derstood fhat, if City calls to the
at#entfon of Contractor any such violation on the part of Con�rac�or or �ny of its afficers,
agents, empfoyees or subcontractors, then Contractar shal[ immecEiately desist from and
correct s�ch violation. - �.. �
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Contractor, in the execufion, performance or aftempted �er�ormance of fhis
confract and agreement, will nat discriminate agair�st any person or persons because of
sex, race, religian, color or nationa� origin, nar wi11 Contrac#or permit its officers, agents,
employees, or subcontractors to engage in such discrimina#ion,
This agreement is made and entered into with reference specificalfy to Chap�er
17, Article III, Divis9on 3, of the Gity Code of the City of For� Worth ("Discriminat�on in
Employmenf Practices"}, and Contractor hereby cavenants and agrees �hat Contracfor,
its agenfs, employees and subcontractors ha�e fully complied with all pro�isions of
sarne and that no employees, or employee-applicanf has been d�scriminated against by
either Cantractor, its agents, empfoyees or subcont�actors.
�2.
Contractor shafl furnish a certi�icafe af insurance as proof tha# [t has secured and
paid for a policy of pubiEc iiability insurance covering a!I �ublic risks incident to or in
connection with the executian, perFormance, attempted performance or nonpertormance
of this contract and agreement,
Such amounts shafl be as follows:
Property damage, �er occurrence $100,000
Bodily injury or death, per person $250,000
Bodily injury of deat[�, per occurrence $5�O,ODO
with the understanding and agreement Contractor that such ins�rance amounfs shall be
rev�sed upward at City's optian and ihe Contracfor shafl revise such amounts wifhin
thir�y (30} days fiollowing natice to Contractors of such requiremer�ts. .
Contractor further agrees that it shall comply with #he Worker's Compensation
�4ct of Texas and shall provide sufficient comper�sation insurance to protect Contr�ctor
and �he City of Fort Wor�h from and agains� any and all Worker's Compensation claims
arising from the work and servfces pro�ided ur�der fhis contract.
13.
�n the event no funds ar insufficient f�nds are appropriated by the City in any
fiscal period any payments hereunder, Cify will notify Consultant of such� occurrence
and this Contract sha11 terminafie on the last day ofi fhe fiscal period for whicF�
appropriations were reeei�red without penalty vr expense tq_��t� �� _�n� �n�=-wL�,�tsoever,
except as to the partions of the paym�nts herein agreed� +��y�c�r �����y ����ir'.� .��Rds shall
have been appropriated. . �
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14.
This written insfrument constifiufies the en�ire agreement by the parties hereto
conCern�ng the work and services to �e perFormed hereunder, ar�d any prior ar
contemporaneous, oral or written agreement, which purports �o �ary from the terms
hereof shall be void.
15.
Should any action, whether real or asserted, at law or in equity, arise out of the
�xecution, performance, attempted perFormance of t�is confiract and agreement, ver�ue
for said actio� shall fie in Tarrant County, Texas.
IN VIIITNESS WHEREOF, the parti�s herefio have executed this agreem�nt in
multiples in Fork Worth, Tarrant County, Texas, this , ' day of �
. ` � . � , A.D. 2002.
ATTEST:
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C3�oria P�ar�n
City Secretqry
CITY �F FORT WORTH
- - gy: ��,, }
� Char es R. �oswell
Assistant City Manager
APPROVED AS TO F�RM ANfl LEGALITY:
�,..i�`' �-,r , c
Ass�s a t City Attorney
Date:
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r
ATTEST:
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Cantreat Ruthari��icie�n
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FfRST TEXAS COUNCIL OF
CAMP FIRE
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By' � �a �-1 �
Zem Nei11
Executive Director
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STATE OF TEXAS
COUNTY OF TARRANT
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BEFORE ME, the undersigned authority, a Nofiary Public in and for fhe State of
Texas, on tF�is day persanally appeared Zem Neill, known ta me to be the person whose
name is subscribed ta the foregoing i�strument and acknowledged to me thaf the same
was tf�e ac# of the First Texas Council of Camp Fire and that she executed the same as
the act of said First Texas Counci[ of Camp Fire for the purpose and consid�rativn
therein expressed and in the capacity tF�erein stated.
GIVEN UNDER MY HAND AND SEAL �F OFFICE this
1�DU�!/y!�°�V , A.D. 2002.
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'�-- ¢ NflTAAYPU9i1CSTATEOFi€�
; ����� COIM�118SI016 EXiIftlE�:
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STATE OF TEXAS
CDUNTY OF TARRANT
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11 ��� day of
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-[�#a � Public in � d'for '�
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fh� State af Texas
BEF�RE ME, the �ndersigned autt�ority, a No�ary Public in and for the Sta#e of
Texas, on this day personally appeared Gharles R. Boswel[, known to me to be the
person whose name is subscrib�d to the foregoing instrume�t and acknowfedged to me
that the same was fihe act of the City of Fort Worth for fhe purpose and considera�ion
fh�rein expressed and i� the capacity therein stated.
GIVEN UNDER MY HAND AND SEA� OF OFFICE this ���� day of
�����_, A.D. 20Q2.
t�?:' P"'�, ROSELLA BARNES
�� �.��� NL�TARY PUBLIC
�u�q��� f� State of 7exas
?��� Cflmm. Exp, 03-31-2005
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Notary PublEc in and for
fihe Stat� of Texas
[��N-����R'illA��IT�� ������IV�� �eR�� �N�A�����
�����v ����,
Corpo�at� �h�mpion� fo�° �hi�c�r�n
AG�NCY �UR�OS�
Corporate Champions for Cl�ildren is a collaboration of 7arrani County employers who foeus on current
workfarce productivity as wel! as a more qualified future workforce by invesiing in quality child care. Human
resource representatives from member companies meet quarterly to share solutions ar�d '"best practices"
such as child care resaurce and referral services pffered as a benefit to employees of inember com�anies.
The missfon af Corporate Champions for Children is to pramote the a�ailability, access�bility and aifardabifity
oF high-qualiiy cfi�ild care to benefit the current and future workforce, their emplayers and the community at
large. ihis is accomplishec� through annu�f quality �nhaneemen� projects that provide training and teehnical
assistance to chifd care providers who are wor�Cing towards accreditation.
��O�o�003 �►��N�Y O�J��YiI���
1. Usir�g a Needs Assessmeni taal that was developed in conju�ctior� with EJNT's Survey Research Center,
w� surveyed City �mployees in F'ail 2009 to d�termine their workllife needs. We are currently rnrorking to fink
City employees with existing programs or considering development of new programs to meet specific needs.
2. We will confinue to increase the utilization of existing employee b�enefits such as Camp Fire's Chiid Care
Resource & Referral service that is avaifable free o# charge to City empinyees thrpugh Corparate Champions.
3. Thro�gh our annual Q�aality Enhancem�nt Projects, we will continue to improve the quality of child care
pragrarns used to care for chiEdren of City �mplayees. At the same time, tl�e quality nf child care in the
community as a whole will be improved as wel1.
M�►�SU��S
Provide onsite technical assistance ta chifd care centers,
Provide trair�ing for c�nter stafi who are new to the field
Provide management training for center directors.
Pravide equipment grants in child care ceniers.
Assist centers in achie�ing NAEYC acareditation.
ACTUAL ESTIRAATE
�ass-oa 2000-a�
37 23
NIA 85
N/A 13A�
12 10
4 2
PROJECT PRQJEGT
zao�-oz aaa2-as
25 25
85 90
935 150
9Q 10
2 2
crr� oF Fo�r �va��a aoo�-o3 �u����
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n������r����n���t��.� ��J���rr��� ��� �������s, ���������
�dI�ASUR��
Provide technical assistancs to family child care providers.
Pro�ide equipment grants tn f�rnily child care pro�riders.
Assist pro�riders ir� ac�ieving fJAF'CC accreditation.
Hosi recognition and training euents for providers.
Assist City employses with chifd care reso�rceslreferrals.
�C�'UAL @S�I�ii��'�a �ROJ�Ci�D ��tOJ�Ci�D
1�99-OD ��00-01 �001-02 a002-03
11 12 15 15
11 12 15 15
5 9 '!4 14
N!A 911 125 130
N/A 22 25 30
�iiY �� ��RT VW�RTb ��8�-8� BU���T