HomeMy WebLinkAboutContract 28170STATE OF TEXAS § �� l � �
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C4UNTY OF TARRANT § �������� � " --- -'-`" -�'
WHEREAS, the Women's Cenfer of Tarran� Cou�ty, Inc. provides
comprehensi�e sexual assat�lt intervenfion and prevention services for aduf�s and
children and collaborative case support and prafessional training for lacal police and
prosecutors; and
WHEREAS, the Cify of Fo�t Wort�t desires to contract with the Women's Cen�er
of Tarran� County, Inc., to provide 24-hour rape crisis intervention services, clinical
counseling for adulis and child uicfims of sexual assault and abuse, sexual abuse
pre�ention education for schoo! age children, and training and case s�pport for local
criminal justice offici�ls; and
WHEREAS, tf�e Women's Cenf�r of Tarranf County, Inc. has offered to provide
such services to ci�izens of the City of Fort Worth;
NOW, THEREFORE, THIS CONTRACT FURTHER WITNESSETH:
That for and ir� consideration of the mutual covenants, pramises and agreements
contained herein, �he City of Fori Worth ("City"), a hom�-rulE municipal corporation
act�ng by and through Charles R. Boswefl, ifs duly authorized Assisfanf City Manager,
and the Women's Center of Tarrant County, Inc., ("Contractor�'} a nonprofit Texas
corparation acting by and through Karen PerkEns, its du�y authorized Executive Director,
do hereby coveriant and agree as follows:
1.
Contractor covenanis and agrees to provide sexual assault intervention,.
pre�ention, and criminal jus�ice support services, such services to be provided for a
periad b�ginning �ctober 1, 2p02, and.ending September 30,� 2003.
2.
1� consideration o� t�e services to be �erformed hereunder by Contrac�or, the
City promises and agrees to pay Contractor in twelve (12} monthly insfiaflments, a sum
wf�ich will not exceed the to�a� of Seventy-fi�e Thousand Dollars {$?5,000).
At the end of each fihree-monfih quarter during the #erm hereof, Contractor shall
submit a repart [F�cnibit A] of its services re�dered during each quarter and �e subjec# to
a re�iew by the City af its services and act�vities in perFormance of this contract.
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3.
Ei�her party may cancel ihis contract upan thirty (30) days' nofice ir� wrifing to the
other party of such infienf to terminate. In fhe e�ent of such termination, City shall
reimburse Contrac�or for the services performed �p to the date of terminatian.
4.
Contractor covenants and agrees to fully cooperate with City in monitoring the
effec�i�e�tess of th� services to be perFormed under this agreement, ar�d Ci�y shall have
access at all reasanable hours to offices and records ofi Contractor for the purpose af
such moniforing.
5.
Gontrac�or snaCl operafe hereunder as an independent contractor and not as an
officer, agent, servant, or employee of the Cify of Fort Vllorth. Contractor shall have
exclusive control of and the exclusive right to con#rol fhe detai[s ofi the services
perform�d hereunder, and alj �ersons performing same, and shall be solely responsible
for the acts and omissions of its officers,�agents, servants, employees, subcontractors
and program participants. The dactrine of respondeat superior shall not apply as
be�ween the City and contractor, its �fficers, agents, servants, empfoyees,
� subcontractors, or program participanfs, and notF�ing herein shall be construed as
creafing a parfinership or join# enterprise between City and Confractor: It is expressly
� urtderstood and agreed that no officer, agent, empioyee, or subcontractor of Contractor
is in the paid service of the City of Fort Worth.
6.
City shalf in no way or under any circums�ar�ce be responsi�le for ar�y praperty
belonging to Con�ractor, its of�icers, agenis, employees, or s�bcontractors or program
participan�s, which may be lost, stolen, destroyed or in any way damaged; and
Contractor hereby indemni�es and holds harmless fihe CEiy, its officers, agents, and
employees, from and against any and all claims or suits concerning such property,
7, .
Contrac#or covenants and agrees #o indemnify, hold harmCess and defend, at its
own expense, the City, its officers, agents, servanfs, and employees, from and against
any and all claims or suits for proper�y los� or damage and/or personal injury, including
death, to any and al� persons of whatsoe�er kind or charaeter, whether real or asserted,
arising out of or in connection with the execution, performance, attem�t�a� ��rfonrnanc�� �
or nonperformance of this co�tract and agreem�nt, andlor the s�rvf:c��, .�ier�prm'�c��'
hereunder, whether or not cause, in whole or in parf, by alfeged negl�ge�!C� of off`i,Ct�r�,
agents, servants, or employ��s of the Cifiy of Fort Wor�h; and Cantracior hereby
assumes a�l Iiability and responsibility of Ciiy, its afficers, agents, servants and
employees, fio� any and all claims or suits of proper�y loss or �amage andlor persor�al
injury, including death, #o any and al! persons, of whatsoe�er kind of characfie�, whether
real or asserted, arising aut of or in connec�ion with the execufion, per�ormance,
attempted andlor the services performed her�under, whether or not cause, in whole or
in part, by all�ged n�gligence of officers, agents, servants, or employees o# City.
ln the event it is determined that Contractor has misus�d, misapplied or
misappropriated all or any part o�' the funds �rovided hereunder, Contractor agrees to
indemni'�y, hold harmless and defend the City o� Fort Worth, its ofFicers, agents,
servants, and employees, from and aga�nst any and all claims or suits resulting from
such misuse, rnisapplication or rnisappropriation.
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ff Contractor, as a c�aritable or nonprofit organization, has or claims an immunity
or exemption (statutory or otherwisej from and against liability for damage or injury,
including cieafh, to persons or property, Contractor hereby express�y waives ifs rigE�ts to
plead defensively s�ch immunity ar exemption as against th� City.
. 9.
Contractor shall not assign or subcontract all or any par� of its rights, pri�ileges or
duties u�der th�s confract witi�out the �rior written consenf of City, and any attempted
assignment of subcontrac� v# same without such prior written ap�rovaf shall be �oid and
consti�ute a breach of tf�is agreement.
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Contractor, its officers, age�ts, employees and subcontractors, shall abide by
and comply with all laws, federal, state and locaf, including all a�dinances, rules and
regulations af the City of Fort Worth. It is agreed and understood thai, if City calls fo the
attentinn af Contractor any such violation or� the part of Contractor or any of its officers,
agents, employees or subconfractors, tF�en Co�tractor shall� immediafely d�sist from and
corr�ct such �iolation.
11.
Contractor, in fhe executio�, performance or a�kempted performance of tE�is
contract ar�d agreement, wil! not c�iscriminate against any person or ��r��r��. because of
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sex, race, religion, color or national origin, nor wiil Contractor permit �i�ts- ��Fi�c���s. � agents�,
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employees, ar subcontrac�ors to engage in suc�t discrimination. � �'
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This agreement is made and entered into wifh re�erence specificalfy to Chapter
17, Artic[e !!I, Division 3, of the Cify Code af fhe City af Fort Vllorth ("Discrimination in
Employment Practices"), and Cantractor hereby co�enants and agrees that Contractor,
its agenfs, employees and subcontractors have fully complied with all prvvisions of
same and that no employees, or employee-app[icant has been discriminated against by
eifher Con�racfior, its agents, employees or subcontractors.
12.
Contracfor sha{I furnish a certificate of i�s�rance as proof ihaf it has secured and
paid for a policy of public liability insurance cav�ring all pub[ic risks incident to or in
connecfiion with the execution, performance, attempted perFormance ar nonperformanc�
of this cantract and agreement.
Such amounfs shall be as follows:
Property damage, per occurrence �$100,000
Bodily injury or dea#h, per person $2�O,OOD
- Bodily injury of death, per occurrence $500,000 .
with t�e understanding and agreemenf Contractor that such insurance amounts shal� be
revised upward af City's option and the Contractor shall re�ise such amounts within
thirky {30} days following notice to Contractors of such requiremenfis.
Contractor further agrees �hat it shail comply with the Worker's Compensation
Act of Texas anci shall provide suff�ci�nt campensafion insurance to protect Contractor
and �h� City of Fort 1North from and against any and all Worker's Comper�safion claims
arising from the work and services provided under this contract.
13.
In th� event no funds or insuificient funds are appropriated by the City in any
fiscal period any payments hereunder, City will notify Consulfant of such occ�rrence
and fihis Contract shall terminate on the fast day of the fiscal period for which
appropriations were recei�ed wi�houfi penalty or e�pense to City of aRy kind whatsoever,
except as to �he partions of the paym�nts herein agreed upon for which funds shall
have been appropriated.
�4.
This written instrument constitutes the entire agreement by the parties here�o
concerning the work and services to be performed here�nder, and any prior or
contemporaneous, oral or written agreement, which purport�ti����ary fre�,= ���T�erms
hereof shall be �oid. '
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15.
Shauld any acfiion, wl�ether real or asserted; at !aw or in equity, arise out of the
execution, performance, aftemp�ed perfarmance of this contrac# and agreement, venue
for said action shali lie in Tarrant Gounty, Texas.
IN WITNESS VIIHEREOF, the par�ies hereto have execufied this agreement in
multiples in Fort Worth, Tarrant Counfy, Texas, this �,� day of
�....�1�11�•�2n , A.D. 2002. .
ATTE�T:
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► � `I-1 �y�a . � _.
Gloria Pear�n
City Secraf ry
APPR�VED A5 TO FORM AND LEGALITY:
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Assist City Attorney
Date:
ATTEST:
CITY OF �ORT WO.RTH
B�� �/ ►�
Charles R. Bnswell
Assistant City Manager .
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Cant�ract Ruthorizs�ion~
hA� 68� � � " ' T "__� �.�...
WOMEN'S CENTER OF
TARRANT COUNTY, ING.
By' �1`iL� �ir� ` .
Karen Perkins �
Executive Director
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STATE OF TEXAS
COUNTY OF TARRANT
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BEF�RE ME, fhe undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Karen Perkins, known to me to be the person
whose name is subscribed fo the foregoing instrument and aaknawledged to me fihat the
same wras the act af tne Women's Center of Tarrant County, Inc. and�tnat she executed
fhe same as the act of said Vllomen's Center of Tarrant County, Inc. for the purpose and
consideration tY�erein expressed and in the capacity #herein sfafed.
_ GIVEN UNDER MY HANQ AND SEAL OF OFFICE this `���� day of
C/C�O��P�- , A.D. 2002.
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_�,� co�ar�ir�ia���ri���: _..N a,ry Pub[ic i/n� � d for
°� ����� �� � the �tate of Te`kas
STATE OF TEXAS
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BEFORE ME, the unders�gned aufhority, a Notary Public in and for the Sfiate of
Texas, on this day personaily appeared Charles R. Baswell, fcnown to me to be the
person whose name is subscribed to t�e foregoin� ins�rument and acknQwledged to me
that the same was fhe acf of fhe 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 #his
�l , A.D, 20D2.
����Y � � R05El.�A BARN�S
, j� fVOTARY PUBLIC
����� Skate of 7exes
'�o�,��Comm. Exp. 03-3�-2005
�� ., .,,��:�-.„ .,�.ro ,, ,,
�� day of
l�`irsiti�
Notary Public in and for
the State of Texas
�`i�y of .�'o�t T�o�th, Teacas
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DATE REFERENCE NUMBER LOG NAN1E PAGE
'l a122102 **�4� ��0z ` 02WDMEN 1 of 1
SL�BJECT EXECUTE A CQNTRACT WITH THE WOMEN'S CENTER OF TARRANT COUNTY �
RECOMMENDATION:
It 'rs recommended that the City Council authorize the City Manager to execute a contract with the
Women's Center of Tarranf County, for an amount not to exceed $75,000, for the pro�isio� of serv�ces
to the citizens of Fort Worth. �
�ISCUS510N:
During the FY2002-2003 budget process, fihe City Council appro�ed fiinancial suppart, in ti�e amount of
$75,040, �or the Women's Center of Tarrant Caunty to continue pro�iding rap� crisis ser�ices. Services
to be prauided include counselir�g and assistance to rape vict9ms, recr�aitrrient and training of �o[unteer
co�nselors, and public presentations conc�ming rape prevention. Other services provided are the
coardination of services to rape victims, and close cooperati�e effarks between Police Department
personnel and the Women's Center of Tarran� County staff and �olunteers.
!t is proposed that this con�ract 6e executed betw��n th� City of Fart Worth and Women's Center of
Tarrant County far the period of Octoher 1, 2002, ti�rough Septemb�r 30, 2003, to provide the serv�ces
outlined abo�e.
FISCAL INFORMATIONICERTIFICATION:
The Finanee Director certifies that funds are a�ailable in the current operating hudget, as appropriated,
of the Ger�era[ Fund.
CB:n
Submitted for City 1Vlanager's
Of�ce b�r:
Charles Saswell
Originating Department Head:
Charles Boswell
Addifiona! Information Contact:
Charles Boswell
FUND � ACCOUNT
(ta)
b183 j
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6183 I (from)
IGG01 539120
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6183 �
CENTEIi I AMOYJNT
Q9D6200 � $75,�00.00
CITY SECRETARY
Al'PROVED I0122/02