HomeMy WebLinkAboutContract 36140 CITY SECRETARY
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 ALLIANCE FOR CHILDREN, a nonprofit Texas
organization (hereinafter referred to as "Contractor"), acting by and through Nancy
Hagan, its duly authorized Executive Director.
RECITALS
WHEREAS, Contractor provides services in coordinating area agencies' activities
against child abuse;
WHEREAS, such services serve a public purpose in combating child abuse; and
WHEREAS, City and Contractor desire to enter into a contract to have such
services provided which benefit the Fort Worth community through the support of the
center director's salary and through public education about child abuse, recruitment of
volunteers, and emergency support for children.
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, 2007 and
ending September 30, 2008.
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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 Sixty-three
Thousand Nine Hundred and Ninety-eight Dollars ($63,998) ("Funds"). Thirty-eight
Thousand Nine Hundred and Ninety-eight Dollars ($38,998) of the Funds will be used to
fund a coordinator's position and the remaining Twenty-five Thousand ($25,000) of 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 report 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
contract and 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 $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
transalctions 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 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.
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 Nancy Hagan
Budget/Mgmt Services Director Executive Director
City of Fort Worth Alliance for Children
1000 Throckmorton St. 908 Southland Avenue
Fort Worth, Texas 76102 Fort Worth, Texas 76104
(817) 392-8518 (817) 335-7172
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 Contractor'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
B '
Mart Ccretary
endrix Karen L. Montgomery f
City Assistant City Manager �/y/op
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APPROVED AS TO FORM AND LEGALITY: contrac Aut orization
Date
Assistant City Attorney
Date:
ATTEST: ALLIANCE FOR CHILDREN
By:
Nancy H an
Executive irector
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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 Nancy Hagan, 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 Alliance for Children and that she executed the same as the act
of said Alliance for Children for the purpose and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
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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 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 1(� day of
A.D. 2007.
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EXHIBIT "A"
OBJECTIVES
1. Educate individuals on issues regarding child abuse.
2. Recruit and coordinate volunteer efforts to disseminate information to combat
child abuse.
3. Provide presentation to students and school personnel on how to recognize,
report and seek help if child abuse is an issue
4. Ensure families receive Assistance guides upon arrival to the center for child
abuse investigation.
5. Provide 250 children emergency support through the school supply program, the
winter coat program, the holiday giving programs and the Mickey Kline Emergency
Fund program.
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EXHIBIT "C"
QUARTERLY REPORT— FISCAL YEAR 2007/08
Quarterly Report— Fiscal Year 2007/08
Program Service Activities
Educate individuals on issues regarding child abuse.
ANNUAL GOAL: 2,500 individuals
Quarter Total:
Recruit and coordinate volunteer efforts to disseminate information to combat child
abuse.
ANNUAL GOAL: 100 volunteers for 600 hours of support
Quarter Total:
Provide presentation to students and school personnel on how to recognize, report and
seek help if child abuse is an issue.
ANNUAL GOAL: 25 presentations
Quarter Total:
Ensure families receive Assistance guides upon arrival to the center for child abuse
investigation.
ANNUAL GOAL: 350
Quarter Total:
Provide 250 children emergency support through the school supply program, the winter
coat program, the holiday giving programs and the Mickey Kline Emergency Fund
program.
ANNUAL GOAL: 250 children
Quarter Goal:
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/30/2007
DATE: Tuesday, October 30, 2007
LOG NAME: 03ALLIANCECHILD REFERENCE NO.: **C-22473
SUBJECT:
Authorize the Execution of a Contract with the Alliance for Children for Assistance in Funding Child
Abuse Prevention Programs
RECOMMENDATION:
It is recommended that the City Council to authorize the Execution of a Contract with the Alliance for
Children for Assistance in Funding Child Abuse Prevention Programs.
DISCUSSION:
During the FY2007-08 budget process, the City Council approved financial support for the Alliance for
Children to continue providing coordination efforts of agencies investigating child abuse. The budgeted
amount includes $25,000 to be applied toward operating expenses and $38,998 to support the center
coordinator's salary. The Alliance for Children exists to lessen the emotional trauma to child abuse victims
and to improve the justice system response to child abuse by uniting efforts for public agencies and
enlisting community support.
It is proposed that a contract be executed in the amount of$63,998 between the City of Fort Worth and the
Alliance for Children for the period of October 1, 2007 through September 30, 2008, to provide for the
services outlined above.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds have been included in the FY2007-2008 General Fund Adopted
Budget for this expenditure.
TO F u nd/Accou nt/C enters FROM Fund/Account/Centers
GG01 539120 0906200 $63,998.00
Submitted for City Manager's Office by: Karen Montgomery (6222)
Originating Department Head: Bridgette Garrett (8518)
Additional Information Contact: Dena Cobb (8349)
Logname: 03ALLIANCECHILD Page l of 1