HomeMy WebLinkAboutContract 34326 CITY SECRETARYDW�_
CONTRACT NO.
AGREEMENT FOR SERVICES
THIS AGREEMENT ("Agreement") is made and entered into between THE CITY OF FORT
WORTH, a home rule municipal corporation of the State of Texas (hereinafter referred to as
"City"), acting by and through Karen L. Montgomery, its duly authorized Assistant City
Manager, and TARRANT COUNCIL ON ALCOHOLISM AND DRUG ABUSE, a nonprofit
Texas organization (hereinafter referred to as "Contractor"), acting by and through Erik
Niedermayer, its duly authorized Executive Director.
RECITALS
WHEREAS, Contractor provides youth, ages 5 to 17 years old, substance and alcohol
abuse intervention and prevention programs including(i) the Sunshine Club, for youths ages 5 to
12 years old who are children of substance abusers and other high risk youths, and (ii) Ground
Zero, for youths ages 12 to 17 years old who have exhibited high risk factors; and
WHEREAS, City and Contractor desire to enter into a contract to have such services
provided which benefit the Fort Worth community.
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the
parties agree as follows:
AGREEMENT
1.
Contractor covenants and agrees to fully perform, or cause to be performed, with
good faith and due diligence, all objectives described in Exhibit "A", attached and incorporated
herein for all purposes incident to this Agreement ("Services"). Such Services shall be provided
by Contractor for a term beginning October 1, 2006 and ending September 30, 2007.
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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) ("Funds") in twelve
monthly installments. The Funds shall be expended to perform the Services. Contractor shall
deliver to City a quarterly statement of its receipts and expenditures of Funds detailing how the
Funds were expended to accomplish performance of the Services, and such statement shall be
signed by a duly authorized officer of the Contractor.
3.
At the end of each three-month quarter during the term hereof, Contractor shall submit a
report of Services rendered during each quarter. Contractor shall be subject to a review by the
City of its services and activities in performance of this Agreement. The quarterly report shall be
in the same format as the attached Exhibit "B", attached hereto and incorporated herein for all
purposes.
4.
Either party may cancel this Agreement upon thirty (30) days notice in writing to the
other party of such intent to terminate. In the event of such termination, Contractor shall
reimburse to City all Funds it has received, but not otherwise committed or encumbered by
contract, under this Agreement.
5.
Contractor covenants and agrees to fully cooperate with City in monitoring the
effectiveness of the Services to be performed under this Agreement, and City shall have access at
all reasonable hours to offices and records of Contractor for the purpose of such monitoring.
6.
Contractor shall operate hereunder as an independent contractor and not as an officer,
agent, servant, or employee of City. 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, servan �Y�_
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
City.
7.
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.
8.
CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS
AND DEFEND,AT ITS OWN EXPENSE, CITY AND 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
AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED
HEREIN, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, OR SUBCONTRACTORS OF CITY; AND CONTRACTOR HEREBY
ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS,
AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER
REAL OR ASSERTED,ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF THIS
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AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE
PROGRAMS DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN
PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. CONTRACTOR
LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND
HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR
DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH
ALL ACTS OR OMISSIONS OF CONTRACTOR, ITS OFFICERS, MEMBERS, AGENTS,
EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM
PARTICIPANTS, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY
ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY.
CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR
INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN
CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS
AGREEMENT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY
CITY'S SOLE OR CONCURRENT NEGLIGENCE.
Contractor shall require all of its subcontractors to include in their subcontracts a release
and indemnity in favor of City in substantially the same form as above.
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.
9.
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.
10.
Contractor shall not assign or subcontract all or any part of its rights, privileges or duties
under this Agreement 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.
11.
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 City. 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.
12.
Contractor, in the execution, performance or attempted performance of this Agreement,
will not discriminate against any person or persons because of disability, age, familial status, 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
employee or employee-applicant has been discriminated against by either Contractor, its agents,
employees or subcontractors.
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13.
Contractor shall procure and shall maintain during the term of this Agreement the
following insurance coverage:
1. Commercial General Liability (CGL): $1,000,000 per occurrence, with a
$2,000,000.00 annual aggregate limit, in a form that is acceptable to the City's Risk
Manager.
2. Non-Profit Organization Liability or Directors & Officers Liability: $1,000,000
per occurrence, with a $1,000,000 annual aggregate limit, in a form that is acceptable to
the City's Risk Manager.
Contractor's insurer(s) must be authorized to do business in the State of Texas for the
lines of insurance coverage provided and be currently rated in terms of financial strength and
solvency to the satisfaction of the City's Risk Manager.
Each insurance policy required herein shall be endorsed with a waiver of subrogation in
favor of the City. Each insurance policy required by this Agreement, except for policies of
worker's compensation or accident/medical insurance shall list the City as an additional insured.
City shall have the right to revise insurance coverage requirements under this Agreement.
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 City from
and against any and all Worker's Compensation claims arising from the work and services
provided under this Agreement.
14.
Contractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any directly pertinent
books, documents, papers and records of the Contractor involving transactions relating to this
Agreement. 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
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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.
This Section 14 shall survive the expiration of the term of this Agreement.
15.
In the event no funds or insufficient funds are appropriated by the City in any fiscal
period for any payments hereunder, City will notify Contractor of such occurrence and this
Agreement 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.
16.
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.
17.
Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance of this Agreement, venue for said action shall lie in Tarrant
County, Texas.
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18.
Notices to be provided hereunder shall be sufficient if forwarded to the other party by
hand-delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the
other party shown below:
Bridgette Garrett, Budget/Mgmt Services Director Eric R. Niedermayer, Executive Director
City of Fort Worth Tarrant Council on Alcoholism and
Drug Abuse
1000 Throckmorton St. 1701 W. Freeway, Suite 1
Fort Worth, Texas 76102 Fort Worth, Texas 76102
(817) 392-8518 (817) 332-6329
19.
The failure of City or Contractor to insist upon the performance of any term or,provision
of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of City's or District's right to assert or rely upon any such term or
right on any future occasion.
[SIGNATURES APPEAR ON FOLLOWING PAGE.]
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IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort
Worth, Tarrant County, Texas, to be effective October 1, 2006.
ATTEST: CITY OF FORT WORTH
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Marty Hendri Karen L. Montgomery V
City Secretary Assistant City Manager l
APPROVED AS TO FORM AND LEGALITY:
Contract Authorization
Assistant City Att ey
Date
Date:
ATTEST: TARRANT COUNCIL ON
ALCOHOLISM AND DRUG ABUSE, a
Texas non-profit organization
By:
ric Niedermayer
Executive Director
R. SUZANNE LLOYD
NOTARY PUBLIC
STATE OF TEXAS
My Comm.Exp.0&1&2009
RON
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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 Erik Niedermayer, 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
Tarrant Council on Alcoholism and Drug Abuse and that he executed the same as the act of said
Tarrant Council on Alcoholism and Drug Abuse for the purpose and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,
A.D. 2006.
R. SUZANNE LLOYD
n NOTARY PUBLIC
q STATE OF TEXAS Notary Public in and for
OF +� My Comm.Exp,08 18 2009 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 Karen L. Montgomery, 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 V day of
A.D. 2006.
--------------------------
JONI R JACOBS
*i *? NOTARY PUBLIC
�9 +f` State of Texas
Comm. Exp. 05-27-2007 NOt Public in for
the tate of Texas
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EXHIBIT "A"
OBJECTIVES
PROGRAM SERVICE ACTIVITIES GOALS
• Percentage of youth that showed at least an 80% 80%
retention of program(s) content from the
Sunshine Club and Ground Zero programs
• Percentage of children completing 8 to 10 week 60%
group program(s) (Sunshine Club and Ground
Zero) and showing a decrease in intent to use
alcohol and drugs
. TH I TrK.
EXHIBIT "B"
QUARTERLY REPORT—FISCAL YEAR 2006/07
Program Service Activities ,
Percentage of youth that showed at least an 80% retention of program(s) content from the
Sunshine Club and Ground Zero programs.
ANNUAL GOAL: 80%
Quarterly Total:
Percentage of children completing 8 to 10 week group program(s) (Sunshine Club and Ground
Zero) and showing a decrease in intent to use alcohol and drugs
ANNUAL GOAL: 60%
Quarter Total:
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/17/2006
DATE: Tuesday, October 17, 2006
LOG NAME: 03TCALOCHOLDRUG REFERENCE NO.: **C-21769
SUBJECT:
Authorize the Execution of a Contract with the Tarrant Council on Alcoholism and Drug Abuse for
Youth Prevention and Intervention Programs
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with the Tarrant
Council on Alcoholism and Drug Abuse at a cost of $50,000.00, for youth alcohol and substance abuse
prevention/intervention programs.
DISCUSSION:
During the FY2006-07 budget process, the City Council approved financial support in the amount of
$50,000.00 for the Tarrant Council on Alcoholism and Drug Abuse to aid in the organization's on going
effort to prevent youth alcoholism and substance abuse through the Sunshine Club and the Ground Zero
prevention and intervention programs.
The Sunshine Club is a drug and alcohol prevention program that has served youth in Fort Worth for more
than 15 years. It utilizes a curriculum that is nationally recognized as a best practice model program. This
program is targeted to children of substance abusers and other high-risk youth 5 to 12 years of age. The
program focuses on a variety of topics over a 10-week period including self-esteem, decision-making,
goals, chemical dependency, changes, feelings and family dynamics.
Ground Zero is an intervention program that has been in existence since 1996. It uses a curriculum, which
has been recognized as one of the 20 exemplary prevention programs by the Office of Substance Abuse
Prevention. This program is targeted to youth ages 12 to 17 who have exhibited high risk factors, such as
repeated failure in school, being the child of a substance abuser, coming from a economically
disadvantaged home, having committed violent or delinquent acts, gang involvement, abusing alcohol or
other drugs or having been physically, psychologically or sexually abused. This program teaches alcohol,
tobacco, and other drug prevention refusal skills, personal responsibility, and communication skills.
It is proposed that a contract be executed between the City of Fort Worth and Tarrant Council on
Alcoholism and Drug Abuse for the period of October 1, 2006 through September 30, 2007, to provide the
services outlined above.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/25/2007
Page 2 of 2
GG01 539120 0906200 $50,000.00
Submitted for City Manager's Office b Karen Montgomery (6222)
Originating Department Head: Bridgette Garrett (8518)
Additional information Contact: Justin Sanchez (8349)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/25/2007