HomeMy WebLinkAboutContract 28197� � ��� � �������
STATE QF TEXAS -
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COUNTY OF' TARRANT §
WHEREAS, the Arts Council of Fort Worth and Tarranfi County administers ihe
Neighborhood Arts Program to provide #he funding and leadership to stimu[ate and
assure the adr�ancement of the Arts throughout the entire community; and
WHEREAS, the City of Fort Worth desires to contract with tf�e Arts Council of
For� Worth and Tarrant County to provide funding for the Neighborhood Arts Program;
and
WHEREAS, the Arts Council Neighborhoad of For� Worth and Tarrant County
has offered to pro�ide such services to citizens of the City of Fort VVorth;
NOW, THEREFORE, THIS CONTRACT FURTHER WITNESSETH:
That for and in consideration of the mutual covenants, promises and agreemenfs
contained herein, the �City of Fort VV'orth ("City"}, a home-rule municipal corporation
acting by and through Charles R. Boswell, its duly authorized Assistant City Manager,
and the Arts Council Neighborhood Arts Program, {"Contractor"} a nonprofit Texas
corporation acting by and through Flora Maria Garcia, its duly authorized Execut'rv�
Director, do hereby co�enant and agree as follows:
1.
Contractor covenants and agrees to pro�ide stimula#ion of loca[ efforts to
encourage communifies to participate in the arts through funding of small centers and
theaters in neighborhoods which ha�e Iimited access to such resources in Fort Worth,
such services to be pro�id�d for a period beginning Ocfober 1, 2002, and ending
September 30, 2Qp3.
2.
In consideration of the senrices to be pe�#ormed hereunder by Contractor, City
promises and agrees to pay Contrac�or one irtstallment, the sum of Twa Hundred and
Eigh#y Thousand Do[lars ($280,oaa},
At the end of each thre�-monfh quar�er during the term hereof, Contractor shall
submit a report [Exhibit A] of its services rendered during each quarter and be subject to
a review by the Cifiy of its services and activities in performance of this contract.
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Either party may cancel this contract upon thirty (30) days' notice in writing to the
other party of such infent to terminate. In the �vent of such termination, City shall
reimburse Contractor for the services perform�d up to the date of termination.
4.
Contractar covenants and agrees to fully cooperate with Gity in monifioring the
�ffectiveness of the services to be per�ormed under �his agreement, and City sha{1 have
access at all reasonable hours fio offices and reco�ds of Contractar for the purpose of
such manitoring. '
�.
Contractor shall operate hereunder as an independen# contractor and not as an
officer, agent, servant, or employee of th� City of Fort Worth. Contractor shall have
exclusive control of and the exclusive right to control the detaifs af the services
performed hereunder, and all persons performing same, and shall be solely responsible
for .tf�e acts and omissions of its officers, agentsy SP.N`dC1�S, employees, subcontractors
and program partic�pants. The doctrine of respondeat superior shall not apply as
between the City and contractor, its officers, agertts, servants, employees,
subcanfracfors, or program participants, and nothing herein shall be canstrued as
creating a partnership or joint enterprise between City and Contractor. It is expressly
understood and agreed �hat no officer, agent, employee, or subcontractor of Contractor
is in the paid service of the City of Fort Warth.
6.
City sha�l in no way ar under any circumstance be res{�onsible for any property
belonging to Contractor, its officers, agents, employees, or subcontractors or program
participartfis, which may be lost, s#olen, destroyed or in any way damager�; and
Confracfar h�reby indemnifies and ho[ds harmless the City, its officers, agents, and
employees, from and against any and alf claims or suits concerning such property.
7.
�Confiractor covenants and agrees to indemnify, E�old harml����� def.��;- � i�s
own �xpense, th� City, its officers, agents, servants, and emplay��. ��r�; ��r�����.�ivs�
any and all claims or suits for property loss or damage andlar per�or�i�'��>>�rr�;i.�ri�uc�in�
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death, to any and all persans of whatsaever kind or characfier, wl�ether real or asserted,
arising out of or �n connection with the execution, perfiorman�e, attemp�ed perFormance
or nonperformanc� of this contract and agreement, andlor the services performed
h�reunder, r�vhether or not cause, in whole or in part, by alleged negligence of ofFicers,
agents, servants, or employees af the City of Fort Worth; and Contractor hereby
assumes all liability a�d responsibility of City, its officers, agents, servants and
employees, for any and all claims or suits of property loss or damage andlor personal
in�ury, including death, to any and ail p�rsons, of whatsoe�er icind ofi characfer, whethet'
real or asse�ted, arising out of or in connection with the execution, performance,
attemp�ed andlor the services performed hereunder, whether or not cause, in whal� or
in part, by alleg�d negligence of officers, agents, servants, or employees of City.
in the event it is determined that Coniractor has misused, misapplied ar
misappropriated a!I or any part of the funds provided hereunder, Contractor agrees to
indemnify, I�ald harmless and defend the City of For� Worfh, its afficers, agents,
servants, and employees, f�-om and against any and all claims or suits resulting from
such misuse, misappfication or misappropriation.
8.
If Contractor, as a charitable ar nonprofit organization, has ar claims an immunity
or ex�mption (statutory or otf�erwise) from and against liability for damage or injury,
including death, ta persons or property, Contractor hereby expressly waives its rights to
plead defensi�ely such immunity or exemption as against the City.
9.
� Contractor shall not assign or subcontracf all or any �art of its rights, pri�ileges or
duties under fhis cantract withoui the prior written consent of City, and any attempfied
assignment of subcontr�ct of same without such prior written appro�al shall be �oid and
constitute a breach of this agr�ement.
�
Contractor, its officers, agents, emp[oyees and subcontractors, shall abide by
and comply with all laws, federal, state and local, including all ordinances, rules and
r�gulations of the Ci�y of Fort Worth. Ct is agreed and understood that, if Cify calls to the
attention of Contractor any such �iolation on the part of Contractor or any of its ofFicers,
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agents, employees or subcontractors, tF�en Contracfar shall immediat�ly�l���� �rom ��#n,��;;j� �
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correct such viola�ion. �. � � , �F�'I�;Ln�
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11.
Contractor, in the execution, performance or attempted performance of this
contraci and agreemen�, will not discriminate against ar�y person or persons because af
sex, race, religion, color or national origin, nor will Contractor permit its officers, agents,
employees, or subcontrac�ors to engage in such discrimination.
This agreement is made an� entered into with reference specifically to Chapter
17, Ar�icle III, Division 3, of the City Code of the City af Fort Worth {"Discrimination ir�
Employment Pracfices"), and Contractor hereby eo�enants and agrees that Contractor,
its agents, employees and subcontractors have fufly complied with all pro�isions of
same and that no employees, or employee-applicant has been discriminated against by
either Cantractor, its agents, employees or subcontractors.
12.
Contractor shall furr�ish a certificate of insurance as proof thafi it has secured and
paid for a po[icy of public liabili�y insurance co�ering aA pu�{ic risks incident to or in
conneciion with the execution, performance, attempted performance or nonperformance
of this contract and agreemen�.
Such amoun#s shall be as fallows:
Propetty damage, per occurrence $100,000
Bodily injury or death, per person $250,Oa0
Bodily injury of death, per occurrence $504,D00
with the understanding and agreement Contractor that sucF� insurance amounts shall be
revised upward at City's option and the Confractor shall re�ise such amount� ruvithin
thir�y (3Q} days fallawing notice to Gontracfiors of such requiremen�s.
Contractor further agrees that it shall comply with the Worker's Compensation
Act of Texas and shall provide sufficient compensation insurance to protect Contractor
and tMe Ci�y of Fort Worth from and against any and a!I Worker's Compensation claims
arising from the work and services pro�ided under ihis contract.
13.
In the event no funds or insuffieient funds are appropriated by the City in any
fiscal period any payments hereunder, City will notify Consultant of such oceurrence
and this Co�tract shall terminate on the last day of the fiiscal period for which
appropriations were recei�ed without penal�y or expertse to City of an��CYr��i ���ai����,r
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except as ta the portians of the payments herein agr�ed upon for whic� funds shall
ha�e been appropriated.
14.
This written instrument consfitutes the entire agreement by the parties hereto
concerning fi�e work and serv�ces to be perFormed hereunder, and any prior or
contemporaneous, oral or written agreement, which purports to �ary from t�e terms
hereof shall be void.
15.
Should any action, whether real or ass�rted, at law or in equity, arise out ofi the
execuiion, performance, attem�ted performance o�' this cantract and agreement, �enue
for said ac�ion shall lie in Tarrant County, Texas.
1N WITNESS WHEREOF, the parties hereto have executed this agreement in
multiples in Fort Worth, Tarrant County, Texas, this ' � � day of
i� . _ _ ; , A.D. 2QQ2. �
ATTEST: .
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Gforia Pearsg�
City Secret�ry
APPROVED AS TO FORM AND LEGALITY:
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Assisi�nt City Atforne�
Date:
ATTES�T:
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CITY OF FORT WORTH
By: �.Q� �-
Charles R. Baswell
Assistant City Manager
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Contract �,uthaxiza�iox�
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ARTS COUNCIL
NEIGHBORHOOD ARTS COUNCIL
By. �
Flora Mari arcia � �
Executive �irector `; ;�� � � �
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STATE OF TEXAS §
COUNTY O� TARRANT §
BEFORE ME, the und�rsigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Flora ll�aria Garcia, known to m� to be the
person whose name is subscribed io fihe foregoing instrument and acknowledged to me
that the same was the act ofi the Arts Council and that she ex�cut�d the same as the act
of said Arts Council for the purpos� and consideration therein expressed and in the
capac�ty therein stated.
GIVEN NDER MY HAND AND SEAL �F OFFICE this �� day of
✓� , A. D. 2002.
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,�;,�Y;yd C1IROLYP! ka. R�YPf���S — �
�°: �� �o�,y Pu�i�G, $tareo�T�X�g Notary Public in an for
��,�:��a� IUIyCammisslon�xpires ' the State ofTexas
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��.w r:� �� I��•n . w� � u iilll�� illl �I� -
STATE O� TEjCAS
COUNTY OF TARRANT
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BEFORE ME, the undersigned au�hority, a Notary Public in and for the State o�
Texas, on this day personally appeared Charles R. Boswell, known to me to be the
person whose name is subscribed to the foregoing instrumen� and acknowl�dged to me
�thafi #he same vvas the act of the City of Fort Worth for the purpose and consideration
therein expressed and in fhe capacity therein staied.
GIVEN UNDER MY HAND AND SEAL OF QFFICE this
����,�,�� , A.D. 2002.
�,'!��L ROSELLABARNE5
_� ��1�n y IVOTARY PUBLiC
�� � �� ` 5tate of Tex�s
�,�o����Comm. Exp. �3-31-20D5
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/� day of
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Notary Public in and for
the State of Texas
�`ity of �ort T�orth, T'exas
�fayor a�d Cou�nci[ Cor�n�u�ic��t�o�
DATE RE�ERENCE NIIMBER LOG NAME PAGE
� 0122�02 **C�� 9�99 � o2couN�i�. �
SUBJECT EXECUTE A���lTRACT WITH THE AI�T� ��J��l��L C�F ���T
Tl��RA�iT ��I�I�TY ��OR THE NEIGHBQRH�OD ARTS PROGRAM
RECOMMENDATEON:
1 of 1
YX���' I fiiF'i�
It is recommer�ded that the City Council authorize the City Manager to execufe a c�r�tract with the Arts
Council af Fort Warth and Tarrant County for the period of Octaber 1, 2002, ihrou�h S�ptember 30,
2003, far an amount not fo exceed $280,aao.
D15CUSSION:
During the FY2002�2003 budget process, the City Council approved financiaf support, in the amount af
$280,400, for the Arts Cauncil ofi Fort Worth and Tarrant Ca�nty to continue, through its Neighbarhood
Arts Program, financial assistance to non-profit or�anizations in Fort Wortl� for �rajec�s that enhance
the cultural and artistic life of the community.
The NeigF��orhood Arts Program se�-ves the C�ty's low-income neighb�rhaod residents, primarily
children, by pro�iding fundEng for facal art-graups fa develop and execute mentoring and participatian
programs in the v'tsual and �ertorming arts. They deli��r specially designed in-schoo� performa�ces,
and present free, or very low cost, public performances in Neighborh�ad Ar�s Program Centers and in
other cammunity s�ttings an �venings and weekends.
It is proposed that this coniract be execufed between the City of Fort Wort� ar�d the Arts Council of Fc�rt
Worth and Tarrant County for the pe�-iod af O�tober �, 2QQ2, through September 30, 20a3.
FISCAL �NFORMATI4NICERTIFICATION:
The Finance Directar cert�fies that funds are available En the curr�nt operating budget, as appropriated,
of the General Fund.
CB:n
Submftted fnr City Manager's
Oflice by:
charles Boswell
Originating Department I3ead:
Charles Boswel]
Additiana! Infarmation Contact:
Charles Boswell
I �rrr� � accou�vx �
(to)
6183
G I 83 (from)
GG01 53912D
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G183 +
CENTER
09062�0
� AMOUNT � CITY 5ECRETARY
--- 1
1
1
I APPItOVED L0/22/02
$284;QDD.00 �
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