THE STATE OF TEXAS § Contract For Services COUNTY OF
THE STATE OF TEXAS
§
COUNTY OF TARRANT
§
Contract For Services Between City and Arlington Historical Society
THIS CONTRACT is entered into this _______day of ________________, 2017, by and between the ARLINGTON HISTORICAL SOCIETY, a Texas nonprofit corporation (hereafter referred to as "AHS") and the CITY OF ARLINGTON, TEXAS, a municipal corporation located in Tarrant County, Texas (hereafter referred to as "CITY"), each acting by and through its duly authorized representatives. W I T N E S S E T H: WHEREAS,
the Arlington Historical Society requested funds for the production and installation of World War II memorial pillars as an expansion of the Colonel Neel E. Kearby memorial to be located in the plaza of the George W. Hawkes Downtown Library (hereafter referred to as "Project");
WHEREAS,
the City Council has considered and does approve the expenditure of $16,500.00 from the City of Arlington’s Historic Preservation Fund to the Arlington Historical Society to provide financial assistance for the expansion of the Colonel Neel E. Kearby World War II Memorial (hereafter referred to as “Grant”);
WHEREAS,
The Public Works and Transportation Department is the project manager for the construction of the new George W. Hawkes Downtown Library and plaza, and will act as the project manager and fiscal agent for the Project;
WHEREAS,
the Arlington Historical Society does hereby dedicate the allocation of the funds designated under this Grant to go directly to the City of Arlington Public Works and Transportation Department for the construction of the Project; and
NOW THEREFORE IN CONSIDERATION of the mutual covenants, promises and agreements hereinafter stated, CITY and AHS do hereby contract as follows;
I. Scope and Objectives of the Project AHS SHALL: A. Obligate any and all funds awarded to it by CITY solely for a Colonel Neel E. Kearby World War II memorial expansion including two memorial pillars (hereafter referred to as PROJECT). AHS will use funds only in accordance with applicable law. The scope and performance of the services of the PROJECT shall be in accordance with the scope of services and budget submitted in the application. A copy of said proposal is attached hereto as Exhibit "A" and the budget as Exhibit “B” incorporated herein for all purposes. B. Dedicate the allocation of the funds designated under this Grant to go directly to the City of Arlington Public Works and Transportation Department for the construction of the Project. The parties agree that The City of Arlington will own the improvements built under this Contract and become part of the library. C. Maintain any and all records, including financial documentation, for three years or until any audit being conducted by the CITY relative to this contract has been completed and any questions arising from it or relating to it have been resolved, whichever is the longer period. II. Consideration Furnished by CITY CITY SHALL: A. Provide funding in an amount not to exceed Sixteen Thousand Five Hundred and No/100 dollars ($16,500.00) for services outlined in Exhibit “A”. B. Provide payment to the Public Works and Transportation Department as a community partner organization of AHS from the Historic Preservation Fund to execute the Project. C. Have the option to cancel this contract if AHS or CITY is unable to fulfill this contract by virtue of any act or regulation of any public authority, or on account of any war situation or any other emergency, or because of strike, riot, epidemic, interruption of transportation services, or acts of God. D. Any alteration, addition or deletion to the terms of this contract shall be by modification in writing and executed by both parties and duly approved and executed prior to the termination of the services.
(2)
E. In contracting for services or supplies for the PROJECT covered by this contract, AHS allows the City of Arlington Public Works and Transportation Department as a community partner organization to perform all work and labor herein provided for in conjunction with the construction of the George W. Hawkes Downtown Library and plaza, and CITYled project. III. Venue The parties to this contract agree and covenant that this contract will be enforceable in Arlington, Texas, and that if legal action is necessary to enforce this contract, exclusive venue will lie in Tarrant County, Texas. IV. Default If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this contract are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated. V. Applicable Law This contract is entered into subject to the Arlington City Charter and ordinances of CITY, as they may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable State of Texas and Federal laws. VI. Independent Contractor AHS covenants and agrees that AHS and its associates and employees will have no interest and will acquire no interest, either direct or indirect, which will conflict in any manner with the performance of the services called for under this contract. All activities, investigations and other efforts made by AHS, pursuant to this contract, will be conducted by employees or associates of AHS. VII. Procurement of Goods and Services From Arlington Businesses and/or Historically Underutilized Businesses
(3)
In performing this contract, AHS agrees to use diligent efforts to purchase all goods and services from Arlington businesses whenever such goods and services are comparable in availability, quality and price. As a matter of policy with respect to CITY projects and procurements, CITY also encourages the use, if applicable, of qualified contractors, subcontractors and suppliers where at least fifty-one percent (51%) of the ownership of such contractor, subcontractor or supplier is vested in racial or ethnic minorities or women. In the selection of subcontractors, suppliers or other persons in organizations proposed for work on this contract, AHS agrees to consider this policy and to use its reasonable and best efforts to select and employ such company and persons for work on this contract. EXECUTED on the date first written above. ARLINGTON HISTORICAL SOCIETY
BY GERALDINE MILLS Director WITNESS:
CITY OF ARLINGTON
BY JAMES F. PARAJON, FAICP Deputy City Manager ATTEST:
MARY SUPINO, City Secretary APPROVED AS TO FORM: TERIS SOLIS, City Attorney
BY (4)
THE STATE OF TEXAS
§
COUNTY OF TARRANT
§
Grantee Acknowledgment BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared GERALDINE MILLS, who is known to me or who was proved to me on the oath of __________________ (name of person identifying the acknowledging person) or who was proved to me through __________________________ (description of identity card or other document issued by the federal or state government containing the picture and signature of the acknowledging person) to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of ARLINGTON HISTORICAL SOCIETY, an agency of Tarrant County, Texas, and as Executive Director thereof, and for the purposes and consideration therein expressed and in the capacity therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _______ day of ________________, 2017.
_______________________ My Commission Expires THE STATE OF TEXAS
§
COUNTY OF TARRANT
§
_______________________________ Notary Public In and For The State of Texas _______________________________ Notary's Printed Name
City Acknowledgment BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared JAMES F. PARAJON, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of the CITY OF ARLINGTON, TEXAS, a municipal corporation of the State of Texas, Tarrant County, Texas, and as the Deputy City Manager thereof, and for the purposes and consideration therein expressed and in the capacity therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ______ day of , 2017.
[Seal]
______________________________ Notary Public in and for The State of Texas ______________________________ Notary's Printed Name
(5)
EXHIBIT A SCOPE OF SERVICES Organization: Project:
Arlington Historical Society Colonel Neel E. Kearby World War II Memorial Expansion Project
The Arlington Historical Society will partner with the City of Arlington Public Works and Transportation Department to manufacture and install two memorial pillars to honor the fallen World War II soldiers from Arlington, to complete the vision for the World War II Memorial in the downtown area, initiated by the Colonel Neel E. Kearby statue. Actions to be completed as a part of the approved PROJECT include: 1. Design and rendering placement of WWII Memorial including the Colonel Kearby statue, and two monuments in the new Downtown Library Plaza; and 2. Production of two memorial pillars to honor Arlington’s fallen soldiers of World War II; and 3. Installation of the pillars near the Colonel Neel E. Kearby statue, in conjunction with the George W. Hawkes Downtown Library and plaza construction project.
(6)
EXHIBIT B BUDGET World War II Memorial Expansion Project BUDGET HPF Grant Amount Design and renderings of monuments Production of memorial pillars
$16,500
Installation of memorial pillars
TOTAL
$16,500
(7)
Match Amount
Total Amount
$3,108
$3,108
$10,892
$26,892
$2,500
$2,500
$16,500
$33,000
§
COUNTY OF TARRANT
§
Contract For Services Between City and Arlington Historical Society
THIS CONTRACT is entered into this _______day of ________________, 2017, by and between the ARLINGTON HISTORICAL SOCIETY, a Texas nonprofit corporation (hereafter referred to as "AHS") and the CITY OF ARLINGTON, TEXAS, a municipal corporation located in Tarrant County, Texas (hereafter referred to as "CITY"), each acting by and through its duly authorized representatives. W I T N E S S E T H: WHEREAS,
the Arlington Historical Society requested funds for the production and installation of World War II memorial pillars as an expansion of the Colonel Neel E. Kearby memorial to be located in the plaza of the George W. Hawkes Downtown Library (hereafter referred to as "Project");
WHEREAS,
the City Council has considered and does approve the expenditure of $16,500.00 from the City of Arlington’s Historic Preservation Fund to the Arlington Historical Society to provide financial assistance for the expansion of the Colonel Neel E. Kearby World War II Memorial (hereafter referred to as “Grant”);
WHEREAS,
The Public Works and Transportation Department is the project manager for the construction of the new George W. Hawkes Downtown Library and plaza, and will act as the project manager and fiscal agent for the Project;
WHEREAS,
the Arlington Historical Society does hereby dedicate the allocation of the funds designated under this Grant to go directly to the City of Arlington Public Works and Transportation Department for the construction of the Project; and
NOW THEREFORE IN CONSIDERATION of the mutual covenants, promises and agreements hereinafter stated, CITY and AHS do hereby contract as follows;
I. Scope and Objectives of the Project AHS SHALL: A. Obligate any and all funds awarded to it by CITY solely for a Colonel Neel E. Kearby World War II memorial expansion including two memorial pillars (hereafter referred to as PROJECT). AHS will use funds only in accordance with applicable law. The scope and performance of the services of the PROJECT shall be in accordance with the scope of services and budget submitted in the application. A copy of said proposal is attached hereto as Exhibit "A" and the budget as Exhibit “B” incorporated herein for all purposes. B. Dedicate the allocation of the funds designated under this Grant to go directly to the City of Arlington Public Works and Transportation Department for the construction of the Project. The parties agree that The City of Arlington will own the improvements built under this Contract and become part of the library. C. Maintain any and all records, including financial documentation, for three years or until any audit being conducted by the CITY relative to this contract has been completed and any questions arising from it or relating to it have been resolved, whichever is the longer period. II. Consideration Furnished by CITY CITY SHALL: A. Provide funding in an amount not to exceed Sixteen Thousand Five Hundred and No/100 dollars ($16,500.00) for services outlined in Exhibit “A”. B. Provide payment to the Public Works and Transportation Department as a community partner organization of AHS from the Historic Preservation Fund to execute the Project. C. Have the option to cancel this contract if AHS or CITY is unable to fulfill this contract by virtue of any act or regulation of any public authority, or on account of any war situation or any other emergency, or because of strike, riot, epidemic, interruption of transportation services, or acts of God. D. Any alteration, addition or deletion to the terms of this contract shall be by modification in writing and executed by both parties and duly approved and executed prior to the termination of the services.
(2)
E. In contracting for services or supplies for the PROJECT covered by this contract, AHS allows the City of Arlington Public Works and Transportation Department as a community partner organization to perform all work and labor herein provided for in conjunction with the construction of the George W. Hawkes Downtown Library and plaza, and CITYled project. III. Venue The parties to this contract agree and covenant that this contract will be enforceable in Arlington, Texas, and that if legal action is necessary to enforce this contract, exclusive venue will lie in Tarrant County, Texas. IV. Default If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this contract are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated. V. Applicable Law This contract is entered into subject to the Arlington City Charter and ordinances of CITY, as they may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable State of Texas and Federal laws. VI. Independent Contractor AHS covenants and agrees that AHS and its associates and employees will have no interest and will acquire no interest, either direct or indirect, which will conflict in any manner with the performance of the services called for under this contract. All activities, investigations and other efforts made by AHS, pursuant to this contract, will be conducted by employees or associates of AHS. VII. Procurement of Goods and Services From Arlington Businesses and/or Historically Underutilized Businesses
(3)
In performing this contract, AHS agrees to use diligent efforts to purchase all goods and services from Arlington businesses whenever such goods and services are comparable in availability, quality and price. As a matter of policy with respect to CITY projects and procurements, CITY also encourages the use, if applicable, of qualified contractors, subcontractors and suppliers where at least fifty-one percent (51%) of the ownership of such contractor, subcontractor or supplier is vested in racial or ethnic minorities or women. In the selection of subcontractors, suppliers or other persons in organizations proposed for work on this contract, AHS agrees to consider this policy and to use its reasonable and best efforts to select and employ such company and persons for work on this contract. EXECUTED on the date first written above. ARLINGTON HISTORICAL SOCIETY
BY GERALDINE MILLS Director WITNESS:
CITY OF ARLINGTON
BY JAMES F. PARAJON, FAICP Deputy City Manager ATTEST:
MARY SUPINO, City Secretary APPROVED AS TO FORM: TERIS SOLIS, City Attorney
BY (4)
THE STATE OF TEXAS
§
COUNTY OF TARRANT
§
Grantee Acknowledgment BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared GERALDINE MILLS, who is known to me or who was proved to me on the oath of __________________ (name of person identifying the acknowledging person) or who was proved to me through __________________________ (description of identity card or other document issued by the federal or state government containing the picture and signature of the acknowledging person) to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of ARLINGTON HISTORICAL SOCIETY, an agency of Tarrant County, Texas, and as Executive Director thereof, and for the purposes and consideration therein expressed and in the capacity therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _______ day of ________________, 2017.
_______________________ My Commission Expires THE STATE OF TEXAS
§
COUNTY OF TARRANT
§
_______________________________ Notary Public In and For The State of Texas _______________________________ Notary's Printed Name
City Acknowledgment BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared JAMES F. PARAJON, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of the CITY OF ARLINGTON, TEXAS, a municipal corporation of the State of Texas, Tarrant County, Texas, and as the Deputy City Manager thereof, and for the purposes and consideration therein expressed and in the capacity therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ______ day of , 2017.
[Seal]
______________________________ Notary Public in and for The State of Texas ______________________________ Notary's Printed Name
(5)
EXHIBIT A SCOPE OF SERVICES Organization: Project:
Arlington Historical Society Colonel Neel E. Kearby World War II Memorial Expansion Project
The Arlington Historical Society will partner with the City of Arlington Public Works and Transportation Department to manufacture and install two memorial pillars to honor the fallen World War II soldiers from Arlington, to complete the vision for the World War II Memorial in the downtown area, initiated by the Colonel Neel E. Kearby statue. Actions to be completed as a part of the approved PROJECT include: 1. Design and rendering placement of WWII Memorial including the Colonel Kearby statue, and two monuments in the new Downtown Library Plaza; and 2. Production of two memorial pillars to honor Arlington’s fallen soldiers of World War II; and 3. Installation of the pillars near the Colonel Neel E. Kearby statue, in conjunction with the George W. Hawkes Downtown Library and plaza construction project.
(6)
EXHIBIT B BUDGET World War II Memorial Expansion Project BUDGET HPF Grant Amount Design and renderings of monuments Production of memorial pillars
$16,500
Installation of memorial pillars
TOTAL
$16,500
(7)
Match Amount
Total Amount
$3,108
$3,108
$10,892
$26,892
$2,500
$2,500
$16,500
$33,000
