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HomeMy WebLinkAboutContract 26669 Cl- � �5L.CHETARY CONTRACT NO. li& FORT WORTH HOUSING CONTRACT AGREEMENT TO PERFORM AND PROVIDE HEALTH EDUCATION AND INTERVENTION PROGRAMS THIS agreement is entered into by and between the City of Fort Worth, Texas, a home- rule municipality located within Tarrant and Denton County, Texas ("City"), acting through Libby Watson, its duly authorized Assistant City Manager, and the Fort Worth Housing Authority, acting through Barbara Holston, its duly authorized Executive Director, hereinafter referred to as("FWHA"). WITNESSETH : WHEREAS, City seeks to increase the effectiveness and immediate availability of its Health Education and Intervention Programs; and, WHEREAS, FWHA desires to increase the immediate availability of health awareness, education, intervention and prevention programs to the residents of J.A. Cavile Community; and, WHEREAS, FWHA possesses and can provide office space for Fort Worth Public Health Department Outreach staff at 5070 Avenue G in Fort Worth, Texas, located within the J.A. Cavile Apartments Community, NOW,THEREFORE, it is agreed as follows: 1. PURPOSE The purpose of this Agreement is to enhance and expand current efforts to provide greater availability of City's Public Health Department Outreach Division (FWPHDOD) health awareness, education, intervention and prevention programs throughout the City of Fort Worth by affording direct access to these programs within the J.A. Cavile Apartments Community. 2. CONSIDERATION In consideration for the mutual benefits received from the presence of the City's FWPHDOD representatives, and the presentation of their health awareness, education, intervention and prevention programs, the FWHA shall provide office space for FWPHDOD staff located at 5070 Avenue G, Fort Worth, TX 76102, free of charge. 3. TERM The term of this Agreement will be effective during the period of January 15, 2001, through January 14, 2002. This Agreement may be amended by mutual consent of the parties; such amendment shall be in writing and signed by both parties. ORir n f' FORT WORTH HOUSING CONTRACT AGREEMENT TO PERFORM (oG'�` W fif Page 1 AND PROVIDE HEALTH EDUCATION AND INTERVENTION PROGRAMS U p 4. USE OF FACILITIES FWPHDOD shall be permitted access to, and use of, the designated FWHA offices for the purpose of providing health programs for the residents of the City, and more particularly, the residents of J. A. Cavile Apartments. City shall not use the offices for any other purpose without the prior written consent of FWHA. 5. SCOPE OF SERVICES TO BE PROVIDED BY FWPHDOD: A. Under the general direction of the City of Fort Worth Public Health Department's Outreach Division, the staff will be responsible for planning, scheduling and conducting health education programs; B. Identification of critical issues impacting the J.A. Cavile Community; C. Conducting of home visits to provide assessments, intervention and referrals; D. Provision of social service evaluations; and, E. Conducting of ongoing outreach and recruitment of residents to ensure regular participation. 6. REPORTING City's FWPHDOD shall submit monthly reports to FWHA's Resident Services Department. Monthly reports shall reflect the total number of persons assisted by the program; total number of Cavile Community residents attending or serviced; and, the types of services rendered with information as to the number of persons receiving these services. In the interest of ensuring mandatory confidentiality of information, no names or specific locations shall be used in these reports. 7. ELIGIBILITY CRITERIA FOR SERVICES City's FWPHDOD shall offer Outreach Services to residents of the City of Fort Worth through its office located within the J.A. Cavile Apartments. 8. RENT, UTILITIES AND EQUIPMENT FWHA shall provide office space, electricity, and adequate heating/cooling and smoke detector(s). City shall provide office supplies, telephones, and any other equipment to perform services. FORT WORTH HOUSING CONTRACT AGREEMENT TO PERFORM Page 2 AND PROVIDE HEALTH EDUCATION AND INTERVENTION PROGRAMS 9. REPAIRS AND MAINTENANCE FWHA shall be responsible for repairs to the heating, cooling and smoke detector(s). City shall be responsible for cleaning the office space on a daily basis. 10. NO WASTE, UNLAWFUL USE OR NUISANCE City shall not store or utilize hazardous waste on any part of the property and real estate described herein. City shall not permit any nuisance to exist on the premises, nor shall it allow the premises to be used for unlawful purposes. City is responsible for the proper disposal of trash and waste materials generated by FWPHDOD. 11. ACCEPTANCE AND SURRENDER City agrees to accept the facility as constructed with neither express nor implied warranties, including, but not limited to, the implied warranty of habitability and the implied warranty of suitability for an intended use or purpose. City agrees to surrender the FWHA offices at the end of the term in the same condition as when City took possession, reasonable wear and tear excepted. 12. ASSIGNMENT City agrees not to assign this Agreement, or any part thereof, or any obligation, right or privilege connected therewith, nor to allow any other person except FWPHDOD personnel, directors, employees and agents to occupy the FWHA office space or any part thereof without first obtaining FWHA's written consent. City's interest in the Agreement is not assignable by operation of law, nor by any assignment of its interest herein, without the FWHA's written consent. 13. INSURANCE City, as a self-insured municipality, agrees to provide documentation of commercial and/or self-insurance coverage for property content and general liability claims as an attachment to this Agreement. 14. TERMINATION The FWHA or the City may terminate the Agreement on (30) days written notice of breaches of any provision of this Agreement, or for other good cause. 15. WAIVER Waiver of breach of one covenant or condition of this Agreement by either party is not a waiver of breach of the others, or of subsequent breach of the one waived. EES0G1D FORT WORTH HOUSING CONTRACT AGREEMENT TO PERFORM CNN u Kf-CE-)[ G,1Eli Page 3 AND PROVIDE HEALTH EDUCATION AND INTERVENTION PROGRAMS Eli 16. SEVERABILITY In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 17. EFFECT OF EMINENT DOMAIN PROCEEDINGS Eminent domain proceeding resulting in the condemnation of a part of FWHA offices that leave the rest usable by the City for purposes described herein will not terminate this Agreement unless FWHA so chooses to do so, and gives written notice of termination to City. The effect of termination by condemnation, should such option be exercised, will be to terminate the Agreement as to the portion of the FWHA offices condemned, and leave it in effect as to the remainder of the FWHA offices, to include those utilized by the City. All compensation awarded in the eminent domain proceedings as a result of such condemnation shall be provided to FWHA. The City hereby assigns and transfers to FWHA any claim it may have to compensation for damages as a result of such condemnation. 18. COMPLIANCE WITH LAWS The City and FWPHDOD shall comply with all federal, state, and local laws, regulations, licensing and ordinances. 19. INDEPENDENT CONTRACTORS Under the terms of this Agreement, the FWHA and City are independent contractors; consequently, no partnership or joint venture is intended or formed hereby. 20. RECORD KEEPING The City shall retain all records pertinent to, or required by, this Agreement for a period of not less than three (3)years after the termination of this Agreement. 21. TEXAS LAW TO APPLY This Agreement shall be construed under, and in accordance with, the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Tarrant County, Texas. RU � EIEC�� D COY G1 Q � FORT WORTH HOUSING CONTRACT AGREEMENT TO PERFORM Page AND PROVIDE HEALTH EDUCATION AND INTERVENTION PROGRAMS 22. PARTIES BOUND This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns except as otherwise provided herein. 23. IMMUNITY & THIRD PARTIES A. It is expressly understood and agreed that, in the execution of this Agreement, neither City nor FWHA waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. B. Nothing in this agreement shall be construed to benefit any third party other than an employee or officer of FWHA or City while in the performance of this agreement. This agreement may not be construed to expand the liability of City or FWHA beyond the scope of Chapter 101 of the Texas Civil Practice and Remedies Code, Vernon's Texas Codes Annotated, unless specifically stated herein. 24. ENTIRETY This Agreement contains all commitments and agreements of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein. 25. MODIFICATION This agreement may be modified only by the mutual agreement of the parties, if the modification is in writing and signed by City and FWHA. 26. AUTHORIZATION The undersigned officer and/or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. Dip ley FORT WORTH HOUSING CONTRACT AGREEMENT TO PERFORM Page 5 AND PROVIDE HEALTH EDUCATION AND INTERVENTION PROGRAMS EXECUTED in triplicate this j - day of ? , 2001, in Fort Worth,Tarrant County, Texas. CITY OF ORT WORTH FORT WORTH HOUSING AUTHORITY Libby atson Barbara Holston Assistant City Manager Executive Director APPROVED AS TO FORM APPROVED AS TO FORM Brown,Herman,Dean, Wiseman, Liser &Hart, L.L.P., Assistant City orney Attorneys for Fort Worth Housing Authority AT EST: 41on`a'pe on City Secretary CFWFWHAHEIAGRTV4.021301 �?o the C �� Contract Authorization HMO com Date CITY SPNEE USU FORT WORTH HOUSING CONTRACT AGREEMENT TO PERFORM Page 6 AND PROVIDE HEALTH EDUCATION AND INTERVENTION PROGRAMS BROWN, HERMAN, DEAN, WISEMAN, LISER& HART, L.L.P. Attorneys at Law BEALE DEAN 200 FORT WORTH CLUB BUILDING LARRY W.WILSHIRE JAMES T.BLANTON 306 WEST 7TH STREET SUSAN E.BAIRD • GRANT USER FORT WORTH,TEXAS 76101.4905 SANDRA USER MORTON L HERMAN MICHAEL L PECK RICHARD W.WISEMAN TELEPHONE(817)331.1391 BRUCE H.ROGERS •"JOHN C.HART METRO(817)429-0851 STERLING J.ELZA JOHN W.PROCTOR FAX(817)870-2427 STEPHEN L TATUM JESSE M.BROWN(1883.1978) OF COUNSEL A.M.HERINI.AN(1905-1987) CATHERINE JANE ALDER,P.C. WILLIAM M.BROWN(1912.1987) • Also licensed to practice in Louisiana •"Also licensed to practice in Minnesota April 9, 2001 Mr. Kevin W. Kapitan Assistant City Attorney City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Re: Fort Worth Housing Contract Agreement to Perform and Provide Health Education and Intervention Programs Dear Mr. Kapitan: Enclosed you will find four originals of the above referenced contract which have been executed by the Fort Worth Housing Authority and by my firm. After this contract has been fully executed, please send me a copy. Sincerely, Larry W. Wilshire LWW/jn W-%SUSAN\F W HOUSIN\GENERAL\2001\letters\kapitan.002.wpd 22.09280 cc: Ms. Barbara Holston Executive Director Fort Worth Housing Authority Post Office Box 430 Fort Worth, Texas 76101 (todenclosure) cc: Mr. Richard W. Wiseman - Interoffice (i denclosure)