HomeMy WebLinkAboutContract 30224 �ECHETARY
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this the i day of
2004, by and between the CITY OF FORT WORTH, a home
rule municipal corporation of the State of Texas, located within Tarrant, Denton and Wise
Counties, Texas(Hereinafter referred to as the"City")and HIP POCKET THEATRE,
(hereinafter referred to as the"Contractor"), acting by and through
NOW THEREFORE, in consideration of the mutual covenants herein expressed,
the City and Contractor agree as follows:
1.
The City hereby engages the Contractor, and the Contractor hereby agrees, to
provide, furnish or perform the services to be provided as described below in conjunction
with the City of Fort Worth, Texas Education Agency After School Grant located
community centers and school sites operated by the Parks and Community Services
Department in the City of Fort Worth. The Contractor shall commence, carry on and
provide such services in accordance with this Agreement and its attachments and all
applicable laws. In providing such services, the Contractor shall take such steps as are
appropriate to insure that the work involved is properly coordinated with any related work
performed by the City.
1. Services to be performed.
Contractor shall provide instruction to youth 10-14 about various aspects of
performing arts, including the basics of mime. Contractor to provide all necessary
materials.
One unit of service shall be 4 classes of 90 minutes each_
2. Hours and place of work
Contractor shall coordinate times and places of service with Parks and Community
service staff and be approved in advance by the Community Relations Department_
All service must be completed by July 30, 2004.
2.
Contingent upon the timely and satisfactory performance of services as described above,
City will pay Contractor a fee for pre-approved services in the amount of$1740 per unit
of service, with all services billed not exceed $8,700.00. Contractor will present the city
with an invoice on or before July 28, 2004, with payment to be made within 30 days from
the date the invoice is received by the City. All invoices submitted by the Contractor must
detail days and hours of work_ All final invoices must be submitted by July 28, 2004. No
payments will be made for invoices submitted after July 28, 2004.
3.
The Contractor represents that it has or will secure, at its own expense, all materials,
supplies, machinery, equipment, tools, superintendence, labor, personnel, insurance, and
other accessories and services necessary to provide such services in accordance with the
requirements of the City_ The contractor's personnel shall not be employees or considered
under any contractual relationship with the City.
4.
It is expressly understood and agreed that Contractor shall operate as an independent
contractor in each and every respect hereunder and not as an agent, representative or
employee of the City. Contractor shall have the exclusive right to control all details and
day-to-day operations relative to the work performed under this Agreement and shall be
solely responsible for the acts and omissions of its officers, agents, servants, employees,
contractors, subcontractors, and invitees. Contractor acknowledges that the doctrine of
respondeat superior will not apply as between the City and Contractor, its officers, agents,
servants, employees, contractors, subcontractors, and invitees. Contractor further agrees
that nothing in this Agreement will be construed as the creation of a partnership or joint
enterprise between the City and Contractor. Contractor understands and acknowledges
that there will be no claims whatsoever against City for insurance, workers' compensation,
or other benefits available to an employee. Contractor represents and warrants personal
payment of all withholdings and deductions, as well as all payments for taxes, insurance,
and workers' compensation, if required to do so by law.
5.
CONTRACTOR AGREES TO DEFEND,INDEMNIFY AND HOLD THE CITY,ITS
OFFICERS,AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY
AND ALL CLAIMS,LAWSUITS,ACTIONS,COSTS AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO,THOSE FOR PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY
RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH,
THAT MAY RELATE TO,ARISE OUT OF OR BE OCCASIONED BY (i)
CONTRACTOR'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS
AGREEMENT OR(ii)ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF CONTRACTOR,ITS OFFICERS,AGENTS,ASSOCIATES,
EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY)OR
SUBCONTRACTORS,RELATED TO THIS AGREEMENT OR THE PERFORMANCE
OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN
THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM
THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS,AGENTS,
EMPLOYEES OR SEPARATE CONTRACTORS,AND IN THE EVENT OF JOINT
AND CONCURRENT NEGLIGENCE OF BOTH CONTRACTOR AND CITY,
RESPONSIBILITY,IF ANY,SHALL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
Contractor covenants and agrees that City shall in no way nor under any
circumstances be responsible for any property belonging to Contractor, its members,
employees, agents, contractors, subcontractors, invitees, licensees, or trespassers, which
may be stolen, destroyed, or in any way damaged, and Contractor hereby indemnifies
and holds harmless City from and against any and all such claims. The City does not
guarantee police protection and will not be liable for any loss or damage sustained by
Contractor, its members, employees, agents, contractors, subcontractors, invitees,
licensees, or trespassers on any of the premises.
6.
Contractor agrees that if it is a charitable organization, corporations, entity or
individual enterprise having, claiming or entitled to any immunity, exemption (statutory
or otherwise) or limitation from and against liability for damage or injury to property or
persons under the provisions of the Charitable Immunity and Liability Act of 1987,
C.P_RC_, § 84.001 et seq., or other applicable law, that Contractor hereby expressly
waives its right to assert or plead defensively any such immunity or limitation of liability
as against City.
7.
Prior to the time Contractor begins work under this Agreement, Contractor shall
procure, pay for and maintain insurance written by companies approved by the State of
Texas and acceptable to City naming the City as additional insured. The insurance shall be
evidenced by delivery to City of executed certificates of insurance and/or certified copies
of policies as determined by City_ Required insurance shall be a minimum of$500,000,
per occurrence and a minimum of$500,000 aggregate. Organizations must submit copies
of their insurance for Worker's Compensation, if there are employees. Insurance must
meet statutory limits and employer's liability of$100,000 per each accident/occurrence,
$100,000 disease per each employee and $500,000 bodily injury/disease- policy limit.
8.
This Agreement will be subject to all applicable federal, state and local laws,
ordinances, rules and regulations, including, but not limited to, all provisions of the City's
Charter and ordinances, as amended.
9.
Contractor may not assign, transfer or otherwise convey any of its rights or obligations
under this Agreement to any party without the prior written consent of the City, which
consent shall not be unreasonably withheld or delayed, conditioned on(i)the prior
approval of the assignee or successor and a finding by the City that the proposed assignee
or successor is financially capable of completing the work and (ii)the proposed assignee
or successor has executed a written agreement with the City under which it agrees to
assume all covenants and obligations of Contractor under this Agreement, in which case
such assignee or successor shall thereafter be deemed"Contractor" for all purposes under
this Agreement.
10.
Contractor, does hereby agree to assume all the risks attendant to this Agreement, and
does hereby release and forever discharge the City of Fort Worth, their officers,
employees, agents, lessees and contractors of and from any and all liability, claims, suites,
demands or causes of action whatsoever for any property damage or personal injury,
including death, sustained or that may arise in any manner in connection with taking part
in this Agreement, whether or not caused by the alleged negligence of the officers, agents,
servants, employees, contractors, subcontractors, licensees or invitees of the City of Fort
Worth.. It is further agreed that the acceptance of this Release shall not constitute a waiver
by the City of Fort Worth of any defense of governmental immunity, where applicable, or
any other defense recognized by the Statutes and Court decisions of this State.
11.
Either party may terminate this Agreement immediately without cause by the
giving notice in writing to the other party. Upon termination, the parties shall be released
from all obligations contained in this Agreement except for the indemnification
requirements found in Section 5 of this Agreement.
12.
Subject to the limitations contained herein, the covenants, conditions and
agreements made and entered into by the parties hereunder are declared to be for the
benefit of and binding on their respective successors, representatives and permitted
assigns, if any.
13.
It is agreed that in the event any covenant, condition or provision herein contained
is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant,
condition or provision shall in no way affect any other covenant, condition or provision
herein contained, provided however, that the invalidity of any such covenant, condition or
provision does not materially prejudice either Contractor or City in connection with the
rights and obligations contained in the valid covenants, conditions or provisions of this
agreement_
14.
This written instrument constitutes the entire Agreement by the parties hereto
concerning this Agreement and the obligations of the parties and any prior or
contemporaneous oral or written agreement that purports to vary from the terms hereof
shall be void_ This Agreement cannot be modified or amended without the written consent
of all the parties hereto and attached and made a part of this Agreement.
15.
The waiver by the City of any default or breach of a term, covenant or condition of
this Agreement shall not be deemed to be a waiver of any other breach of that term,
covenant or
condition or any other term, covenant or condition of this Agreement, regardless of
when the breach occurred.
EXECUTED on this the day of 2004
CITY OF FORT WORTH CONTRACTOR
Libby Watson, Assistant City Manager far
City of Fort Worth p k Theatre Company
1000 Throckmorton P.O. Box 136758
Fort Worth Texas 76102 Fort Worth Texas 76137
817-293-6183 817-735-9692
City Vendor Number
ATTESTED BY
DS0 F AW, LEGALITY: L1 '
A-6 �t L Cy t
Date
„ tract p,uthorizatiOR
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/29/2004
DATE: Tuesday, June 29, 2004
LOG NAME: 13PO4-0147 REFERENCE NO.: P-9986
SUBJECT:
Contracts with Multiple Vendors to Provide Enrichment Programming at 15 Summer Youth
Programs for a Grand Total of Approximately $59,436
RECOMMENDATION:
It is recommended that the City Council:
Authorize the City Manager to execute contracts with the following vendors to provide enrichment
programming at one or more of 15 summer programs for youth for an estimated grand total of$59,436.
DISCUSSION:
Under M&C G-14149 (approved November 11, 2003) the City accepted a grant award of $1,013,357 from
The Texas Education Agency (TEA), which included funding for after school and summer programming in
spring and summer 2004 at various FWISD and City community center locations. The grant targets ten to
fourteen year olds at risk of academic failure or at risk of being involved with the criminal justice system.
Twenty-five TEA programs operated this spring.
Summer programming is occurring at 15 locations operated by the. Parks and Community Services
Department. Selected vendors will provide enrichment programming at one or more of the 15 TEA
program sites.
A Request for Quotation was issued to local non-profit and youth serving organizations. Quotations were
matched with requests for service needs to complement planned activities by community center
programs. The following vendors are being recommended with the course offered and estimated budget
amount.
Health Safety Issues, Life Skills
Vendor Course Center Budget
Clayton YES Money Management 10 $ 4,000
Camp Fire USA I'm Taking Care 15 $15,000
Crime Prevention Resource Ctr Personal Safety 15 $ 4,500
The Women's Center Respecting Each Other 15 $ 1,500
Bethlehem United Community Ctr Teen Involvement 2 $ 5,000
Fine Arts
Vendor Course Centers Budget
Hip Pocket Theatre Mime & Mask Making 5 $ 8,700
The Cultural Center of the Americas Culture and Arts 7 $ 3,360
Comtemporary Dance/Ft Worth Dance 13 $ 9,600
Latin Arts Association of Ft Worth Theater Camp 2 $ 7,776
Estimated Total Expenditure $59,436
M1WBE — A waiver of the goal for M/WBE subcontracting requirement was requested by the Purchasing
Division and approved by the M/WBE Office because the purchase of these personal services are exempt
from competitive bidding per Local Government Code 252.022(a)(4).
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, in
the Grants Fund.
BQ N\04-0147\M L
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 539120 893160 $59.436.00
Submitted for City Manager's Office b� Libby Watson (6183)
Originating Department Head: Vanessa Boling (7534)
Additional Information Contact: Robert Combs (8357)
Kathy Livingston (6129)