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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)