HomeMy WebLinkAboutContract 36286 CITY SECRETARY
AGREEMENT FOR SERVICES "'ONIT13-3,4CT NO.
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 MENTAL HEALTH AND MENTAL RETARDATION OF
TARRANT COUNTY, a nonprofit Texas organization (hereinafter referred to as
"Contractor"), acting by and through Susan Garnett, its duly authorized Chief Operating
Officer.
RECITALS
WHEREAS, Contractor is dedicated to confronting substance abuse in Tarrant
County by assessing needs, educating the community, mobilizing resources, promoting
collaboration and advocating for sound public policy; and
WHEREAS, City and Contractor desire to enter into a contract to have
Contractor perform services to provide adolescent drug and alcohol rehabilitation
services for the children of Fort Worth, and 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
"OFFICL� ROD
t
Services shall be provided by Contractor for a term beginning October 1, 2007 and
ending September 30, 2008.
2.
In consideration of the Services to be performed hereunder by Contractor, City
promises and agrees to pay Contractor in one installment the sum of Fifty-One
Thousand Dollars ($51,000) ("Funds"). 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. The quarterly reports shall be in the same format as the
attached Exhibit "B", attached hereto and incorporated herein for all purposes.
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 "C", 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, 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 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 NOW
PERFORMANCE 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. 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.
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 $2,000,000 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 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 any payments hereunder, City will notify Contractor 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.
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.
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 Susan Garnett
Budget/Mgmt Services Director Chief Operating Officer
City of Fort Worth Mental Health Mental Retardation of
Tarrant County—Tarrant Youth
Recovery Campus
1000 Throckmorton St. 3840 Hulen Tower North
Fort Worth, Texas 76102 Fort Worth, Texas 76107
(817) 392-8518 (817) 569-4510
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.)
IN WITNESS WHEREOF, the parties hereto have executed this agreement in
multiples in Fort Worth, Tarrant County, Texas, to be effective October 1, 2007.
ATTEST: CITY OF FORT WORTH
Marty Hendrixb Karen L. Montgom(oyi3�!
City Secretary Assistant City Manager O 9
1' L:dC Al IthoLizat.lon
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
Date: 1 Z I l C' ( 0—)
ATTEST: MENTAL HEALTH MENTAL
RETARDATION OF TARRANT
COUNTY, a Texas non-profit
organization
By:
usan Ga nett
Chief Op rating Officer
CITYz �
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 Susan Garnett, 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 Mental Health Mental Retardation of Tarrant County and that
she executed the same as the act of said Mental Health Mental Retardation of Tarrant
County for the purpose and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this f0f day of
V90e 6,t1r , A.D. 2007.
LINDA JANELLE TH7of
AN
_ Notary Public,StateTexas r�
N CommissioniresNotary P Ic in and for
April30.20
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 l� day of
A.D. 2007.
Notao Public in and for
r the State of Texas
JONI R.MAY
MY COMMISSION EXPIRES
-?; May 27,2011
EXHIBIT "A"
OBJECTIVES
PROGRAM SERVICE ACTIVITIES GOALS
• Provide drug and alcohol rehabilitation/counseling
services to the children. 240 Fort Worth children
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EXHIBIT "C"
QUARTERLY REPORT — FISCAL YEAR 2006107
Program Service Activities
Provide drug and alcohol rehabilitation/counseling services to the children.
ANNUAL GOAL: 240 Fort Worth children
Quarterly Total:
Page 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/30/2007
DATE: Tuesday, October 30, 2007
LOG NAME: 03TCYOUTHRECVRY REFERENCE NO.: **C-22485
SUBJECT:
Authorize the Execution of a Contract with the Mental Health Mental Retardation of Tarrant County
for the Youth Recovery Campus
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a contract with Mental Health Mental Retardation of Tarrant
County for the Tarrant County Youth Recovery Campus; and
2. Find that the provision of adolescent drug and alcohol rehabilitation services constitutes a public purpose.
DISCUSSION:
During the FY2007-08 budget process, the City Council approved financial support in the amount of
$51,000 for the Tarrant County Youth Recovery Campus to continue providing adolescent drug and alcohol
rehabilitation services for the children of Fort Worth and Tarrant County.
The Tarrant County Youth Recovery Campus serves as a "one stop shop" for teenagers who are suffering
with the problems of drug or alcohol abuse. Services provided at the campus consist of assessment,
referral and case management, residential care, day treatment and outpatient services for afflicted
teenagers.
It is proposed that a contract be executed in the amount of$51,000 between the City of Fort Worth and the
Mental Health Mental Retardation Tarrant County Youth Recovery Campus for the period of October 1,
2007, through September 30, 2008, to provide the services outlined above.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds have been included in the FY2007-08 General Fund Adopted
Budget for this expenditure.
TO Fund/AccountlCenters FROM Fund/Account/Centers
GG01 539120 0906200 $51,000.00
Submitted for City Manager's Office by: Karen Montgomery (6222)
Originating Department Head: Bridgette Garrett (8518)
Additional Information Contact: Dena Cobb (8349)
http://www.fortworthgov.org/council_packet/Reports/mc_print.asp