HomeMy WebLinkAboutContract 29172 i
CITY SECRETARY
STATE OF TEXAS § CONTRACT NQ
COUNTY OF TARRANT §
WHEREAS, the Imagination Celebration Fort Worth, Inc. provides year long cultural and
art programs for Fort Worth school-age children each year through partnerships with leading
cultural institutions in Fort Worth and Tarrant County; and
WHEREAS, the City of Fort Worth desires to contract with Imagination Celebration Fort
Worth, Inc., to secure a broad range of cultural and artistic experience for Fort Worth school-age
children; and
WHEREAS, Imagination Celebration Fort Worth, Inc. has offered to provide such
services to citizens of the City of Fort Worth;
NOW, THEREFORE, THIS CONTRACT FURTHER WITNESSETH:
That for and in consideration of the mutual covenants, promises and agreements
contained herein, the City of Fort Worth ("City"), a home-rule municipal corporation acting by
and through Charles R. Boswell, its duly authorized Assistant City Manager, and the
Imagination Celebration Fort Worth, Inc., ("Contractor') a nonprofit Texas corporation acting by
and through Ginger Head, its duly authorized Executive Director, do hereby covenant and agree
as follows:
1.
Contractor covenants and agrees to provide program services for youth in Fort Worth,
giving school age children their first exposure to the arts. These services are to be provided for
a period beginning October 1, 2003, and ending September 30, 2004.
2.
In consideration of the services to be performed hereunder by Contractor, City promises
and agrees to pay Contractor the sum of Fifty Thousand Dollars ($50,000).
At the end of each three-month quarter 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
City of its services and activities in performance of this contract.
3.
Either party may cancel this contract upon thirty (30) days' notice in writing to the other
party of such intent to terminate. In the event of such termination, City shall reimburse
Contractor for the services performed up to the date of termination.
4.
Contractor covenants and agrees to fully cooperate with City in monitoring the
effectiveness of the services to be performed under this agreement, and
at all reasonable hours to offices and records of Contractor for the purpos
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5.
Contractor shall operate hereunder as an independent contractor and not as an officer,
agent, servant, or employee of the City of Fort Worth. Contractor shall have exclusive control of
and the exclusive right to control the details of the services performed hereunder, and all
persons performing same, and shall be solely responsible for the acts and omissions of its
officers, agents, servants, employees, subcontractors and program participants. The doctrine of
respondeat superior shall not apply as between the City and contractor, its officers, agents,
servants, employees, subcontractors, or program participants, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Contractor. It is
expressly understood and agreed that no officer, agent, employee, or subcontractor of
Contractor is in the paid service of the City of Fort Worth.
6.
City shall in no way or under any circumstance be responsible for any property
belonging to Contractor, its officers, agents, employees, or subcontractors or program
participants, which may be lost, stolen, destroyed or in any way damaged; and Contractor
hereby indemnifies and holds harmless the City, its officers, agents, and employees, from and
against any and all claims or suits concerning such property.
7.
Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
expense, the City, its officers, agents, servants, and employees, from and against any and all
claims or suits for property loss or damage and/or personal injury, including death, to any and all
persons of whatsoever kind or character, whether real or asserted, arising out of or in
connection with the execution, performance, attempted performance or nonperformance of this
contract and agreement, and/or the services performed hereunder, whether or not cause, in
whole or in part, by alleged negligence of officers, agents, servants, or employees of the City of
Fort Worth; and Contractor hereby assumes all liability and responsibility of City, its officers,
agents, servants and employees, for any and all claims or suits of property loss or damage
and/or personal injury, including death, to any and all persons, of whatsoever kind of character,
whether real or asserted, arising out of or in connection with the execution, performance,
attempted and/or the services performed hereunder, whether or not cause, in whole or in part,
by alleged negligence of officers, agents, servants, or employees of City.
In the event it is determined that Contractor has misused, misapplied or misappropriated
all or any part of the funds provided hereunder, Contractor agrees to indemnify, hold harmless
and defend the City of Fort Worth, its officers, agents, servants, and employees, from and
against any and all claims or suits resulting from such misuse, misapplication or
misappropriation.
8.
If Contractor, as a charitable or nonprofit organization, has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damage or injury, including
death, to persons or property, Contractor hereby expressly waives its rights to plead defensively
such immunity or exemption as against the City.
9.
Contractor shall not assign or subcontract all or any part of its rights, privileges or duties
under this contract without the prior written consent of City, and any attempted assignment of
subcontract of same without such prior written approval shall be void and constitute a breach of
this agreement.
10.
Contractor, its officers, agents, employees and subcontractors, shall abide by and
comply with all laws, federal, state and local, including all ordinances, rules and regulations of
the City of Fort Worth. It is agreed and understood that, if City calls to the attention of
Contractor any such violation on the part of Contractor or any of its officers, agents, employees
or subcontractors, then Contractor shall immediately desist from and correct such violation.
11.
Contractor, in the execution, performance or attempted performance of this contract and
agreement, will not discriminate against any person or persons because of sex, race, religion,
color or national origin, nor will Contractor permit its officers, agents, employees, or
subcontractors to engage in such discrimination.
This agreement is made and entered into with reference specifically to Chapter 17,
Article III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment
Practices"), and Contractor hereby covenants and agrees that Contractor, its agents, employees
and subcontractors have fully complied with all provisions of same and that no employees, or
employee-applicant has been discriminated against by either Contractor, its agents, employees
or subcontractors.
12.
Contractor shall furnish a certificate of insurance as proof that it has secured and paid
for a policy of public liability insurance covering all public risks incident to or in connection with
the execution, performance, attempted performance or nonperformance of this contract and
agreement.
Such amounts shall be as follows:
Property damage, per occurrence $100,000
Bodily injury or death, per person $250,000
Bodily injury of death, per occurrence $500,000
with the understanding and agreement Contractor that such insurance amounts shall be revised
upward at City's option and the Contractor shall revise such amounts within thirty (30) days
following notice to Contractors of such requirements.
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 the City of
Fort Worth from and against any and all Worker's Compensation claims arising from the work
and services provided under this contract.
13.
Contractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine any directly pertinent
books, documents, papers and records of the Contractor involving transactions relating to this
Contract. Contractor agrees that the City shall have access during normal working hours to all
necessary Contractor facilities and shall be provided adequate and appropriate workspace in
order to conduct audits in compliance with the provisions of this section. The City shall give
Contractor reasonable advance notice of intended audits.
Contractor further agrees to include in all. of its subcontractor agreements hereunder a
provision to the effect that the subcontractor agrees that the City shall, until the expiration of
three (3) years after final payment under the subcontract, have access to and the right to
examine any directly pertinent books, documents, papers and records of such subcontractor
involving transactions to the subcontract, and further that City shall have access during normal
working hours to all subcontractor facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this paragraph. City
shall give subcontractor reasonable advance notice of intended audits.
14.
In the event no funds or insufficient funds are appropriated by the City in any fiscal
period any payments hereunder, City will notify Consultant of such occurrence and this Contract
shall terminate on the last day of the fiscal period for which appropriations were received without
penalty or expense to City of any kind whatsoever, except as to the portions of the payments
herein agreed upon for which funds shall have been appropriated.
15.
This written instrument constitutes the entire agreement by the parties hereto concerning
the work and services to be performed hereunder, and any prior or contemporaneous, oral or
written agreement, which purports to vary from the terms hereof shall be void.
16.
Should any action, whether real or asserted, at law or in equity, arise out of the
execution, performance, attempted performance of this contract and agreement, venue for said
action shall lie in Tarrant County, Texas.
IN WITNESS WHEREOF, the parties hereto have exeted this agreement in multiples
in Fort Worth, Tarrant County, Texas, this day of , A.D. 2003.
ATTE T: CITY OF FORT WORTH
By: . atu�
GI ria Pearson Marles R. Boswell
City Secretary Assistant City Manager
APPROVED AS TO FORM AND LEGALITY: C — 19 1 l 3
Contract Authorization
Assists City Attorney Date
Date: C( ((C' 1 U 3
ATTEST: IMAGINATION CELEBRATION
By:
Ginger He
Executive irector
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Ginger Head, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that the same was the act of
the Imagination Celebration and that she executed the same as the act of said Imagination
Celebration for the purpose and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ;)04-,q ay of
A.D. 2003.
MAYRA L. ESPINOZA
Notary Public,state of Texas
My Commission Expires t ublic in and for
> ��`:,'� February 05,2007
the State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Charles R. Boswell, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that the same was the
act of the City of Fort Worth for the purpose and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /.3t day of
.' A.D. 2003.
ROSELLA BARNES Notary Public in and for
NOTARY PUBLIC the State of Texas
:tiu'�:,ti•. fP j state of Texas
Comm. Exp. 03-31-2005
IMAGINATION CELEBRATION FORT WORTH
EXHIBIT A
PROGRAM SERVICE ACTIVITIES GOALS
• Provide student opportunities to attend 2S performances serving
various performances. 76,195 students
• Provide a workshops students and adults 10 workshops serving 3,500
students and adults
• Provide art exhibits at various school and
public locations. 5 exhibits
• Provide professional development
opportunities for school administrators,
teachers, and parents. 3 developmental programs
• Provide art competitions for schools
students from kindergarten through grade
12. 2 competitions
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/7/2003
DATE: Tuesday, October 07, 2003
REFERENCE NO.: **C-19793 LOG NAME: 021MAGINATION
SUBJECT:
Authorize the Execution of a Contract with Imagination Celebration Fort Worth
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract in the amount of
$50,000 with Imagination Celebration Fort Worth.
DISCUSSION:
In 1977, the Kennedy Center Imagination Celebration program was begun as an outreach project of the
John F. Kennedy Center for the Performing Arts. It was created to develop arts awareness in school
children and an arts alliance between educators, their arts counterparts, and the community cultural
network.
Imagination Celebration Fort Worth, a seed of that program, was created and developed through a
partnership between the Fort Worth Independent School District and the community cultural network.
Imagination Celebration Fort Worth, Inc. has since become an independent non-profit organization.
In most communities, the Imagination Celebration programs center on art festivals for young people. In Fort
Worth, Imagination Celebration offers a year long program that coordinatesand partially funds the
educational outreach programs of the leading arts and cultural institutions in our area. All programs are co-
curricular and intended to enrich students learning experiences, to be a direct component of daily classroom
curriculum, and to relate to the basic elements of learning.
Through Imagination Celebration partnerships, a large numbers of students are reached with their first
exposure to the arts. Particularly targeted are students with special needs and from lower socio-economic
levels.
It is proposed that a contract be executed between the City of Fort Worth and Imagination Celebration Fort
Worth for the period of October 1, 2003, through September 30, 2004.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the FY2003-2004 operating budget, as
appropriated, of the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
Loaname: 02IMAGINATION Page 1 of 2
GG01 539120 0906200 $50,000.00
Submitted for City Manager's Office b Charles Boswell (8511)
Originating Department Head: Bridgette Garrett (8518)
Additional Information Contact: Cllint Spruill (8510)
Lop-name: 02INIAGWATION Page 2 of 2