HomeMy WebLinkAboutContract 30226 CITY SECRETARY
CONTRACT NO.
PERSONAL SERVICES AGREEMENT
AGREEMENT is made and entered into this the 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 CONTEMPORARY DANCE FORT WORTH,
(hereinafter referred to as the "Contractor"), acting by and through
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NOW THEREFORE, in consideration of the mutual covenants herein expressed, the City
and Contractor agree as follows:
i.
The City hereby engages the Contractor, and the Contractor hereby agrees,to provide,finifish
or perform the services to be provided as described below in conjunction with the City ofFort Worth,
Texas Education Agency After School Grant located at community centers and school program 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.
Dance classes: Contractor shall provide dance instruction for youth aged 10-14. City
Staff at program sites shall request the dance styles to be taught, such as Hip-Hop and
Jazz to Aerobic Dance, Creative Movement and African Dance techniques. One unit of
service equals 45-50 minute class.
Lecture-Performances: "You're a Dancer, too." Contractor shall deliver a 45-55
minutes of instruction including performance with 4-7 dancers as well as interactive
activity with the youth. One unit of service equals one 45-55 minute performance.
2. Hours and place of work
The contractor shall provide services at times that are convenient to community center staff. All
work shall be completed by July 27, 2004, Service is to be at community centers or school
facilities operated by Parks and Community services,
2.
3
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$55 per class for dance classes and$600
for each lecture performance "You're a Dancer, too"; however, total invoice shall not exceed
$9,600.00. In addition, the City shall reimburse Contractor for insurance expenses incurred directly
related to the performance of this contract, in an amount not to exceed $300.00.
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)ANDIOR PERSONA JURY,
INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF 0 C _fl,ONED BY (i)
CONTRACTOR'S BREACH OF ANY OF THE TERMS OR PROVISI S�0f'T+ffl' S' AGAtEMENT
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.R.C., § 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 ofFort 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
d !f
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
01
Libby Watson, Assistant City Manager KeyryKreiman
City of Fort Worth Contemporary Dance Fort Worth
1000 Throckmorton P.O. Box 11652
Fort Worth Texas 76102 Fort Worth Texas 76110
817-293-6183 817-922-0944
City Vendor Number
VAP ROVM A 0=Fp AW LEGAIrTY: ATTESTED BY
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Date
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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
T.nannmP• 11PO4-01A7
Estimated Total Expenditure $59,436
M/WBE — A waiver of the goal for MAMBE 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 INFORMATIONICERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, in
the Grants Fund.
BQN\04-01471ML
TO Fund/Account/Centers FROM Fund/Account/Centers
QR75 539120 893160 $59,430,00
Submitted for City Manager's Office Libby Watson (6183)
Originating Department Head: Vanessa Boling (7534)
Additional Information Contact: Robert Combs (8357)
Kathy Livingston (6129)
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