HomeMy WebLinkAboutContract 27216„
STATE O� TEXAS §
COUNTY OF TARRANT �
(;IYY �EGR��i��Y = �
_�,�i�TRACY N�. "� .,� _ -,_
WHEREAS, Ailiance for Children pravides services in coordinatir�g area agencies
activities �gainst child abuse; an� .
WHER�AS, the Cify af Fort Worth desir�s to cor�firact with Alliance for Cl�ildren to
have such services provided which �enefit the Fort Worth community; and
WHEREAS, Alliance for Children has ofFered to provide sueh senrices ta citizens
of the City of For� Worth;
NOW, THEREFORE, THIS CONTRACT FURTHER WITNESSETH:
That for and in consideratior� of the mut�al covenants, promises and agreements
contained F�erein, the City of �ort Worth ("City"}, a home-rule municipal corporation
acting by and �hrough Char{es R. BosweN, its. duly authorized Assistant City.Manager,
and Alliance for Ct�ildren, ("Contrac#or”) a nanprafit Texas corporation acting by and
through Nancy Hagen, its duly authorized Execufive Director, do hereby cavenant and
agree as follows;
1.
Contractar covenants and agrees to unite th� efforts of public agencies and enlist
community support #o lessen the trauma of child abuse vic�ims in Fort Warth, such
services to be prov�ded for a period beginning, October 1, 2001, and ending September
30, 20�2.
�.
In consideration of the services to be performed hereunder by Contractvr, City
promises and agrees to pay Contractor in one installment, the sum of Sixty�three
Thousand Nin� Hundred and Ninety-eight Dollars ($63,998}. Thirty-e�ght Thousand
Nine Hundred and Ninety-eigf�t Dollars �$38,998} will be used to fund a coordi�ator's
position and Twenty-fi�re Tfi�ousand ($25,OOD) will be us�d to defray #he ad�ocacy
center's operatir�g expenses.
At th� end of each three-monih quarter during the term hereof, Contractor shall
submit a r�port [Exhibit A] of its services rendered during each quarter and be su6ject to
a review by the City of its services and activities in performar�ce of this contract.
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��UVU�IS �17��7'N3� ,
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Either parky may car�cel this contract upon th�iriy {30) days' notice in writing to the
other party of such intent to termir�ate. In the �vent of such termination, City shall
reimburse Cantractor far the services perform�d up to the date vf termination.
4.
Contractar covenants and agrees to fully cooperate wit� City in monitoring the
effectiveness of the services to be perf'ormed ur�der this agreement, and City shall have
access �at all reasonable hours to offic�s and records af Cantracior for the purpose of
such monitoring.
�
�
Contractor sha11 operate hereunder as an independent cvntractor and not as an
officer, agent, servant, or emplayee of #he City of Fart Worth. Cantractor shall ha�e
exclusive can�rol of and th� exclusi�e righ� to control the details of the services
pe�formed hereunder, and all persons pertorming same, and shall be �olely responsibi�
for the acfs and omissions o� its a�cers, agents, servar�ts, emplayees, subcontractors
and program participants. The doctrine of respondeat superior shall not apply as
betweer� the Ci�y artd contractor, its officers, ag�nts, servants, employees,
subcontrac#ors, or program participants, and nothing herein shall be cons#rued as
creating a partnership or joint enterprise between City and Contractar. It is expr�ssly
understood and agreed that na officer, agent, employee, or subcontractor of Contractor
is in the paid service of the City of For� Worth.
fi.
City shall in no way or under any circumstance be responsible for any property
beianging to Contractor, its officers, agents, employees, or subcontractors ar pragram
parkicipants, which may be IDS�, stolen, destroyed or in any way damaged; and
Contraetor hereby indemnifi�s and hafds harmless the City, ifs officers, agents, and
em�layees, from and against any and all claims or suits concerning suci� property.
7.
Contractor covenants and agrees to indemnify, hold harmless and defend, at its
own expense, the Cify, iis officers, a�ents, servants, and employees, frorn and against
any and all ciaims or suits for prop�rty loss or damage and/or persortaf injury, includir�g
deat�, to any and aN persons of whatsoever kind or character, whether r�al or asserted,
arisi�g out of or in connection with the �xecution, perfiormance„ attempted performance
ar nonpertormance of #his cantract and agreement, andlor the services perFormed
hereunder, w�ether or not cause, in vuhole or in part, by alleged neg{igenc� of officers,
agertts, servants, or employees of ihe City of �ort Worth; and Can#ractor hereby
assumes ai! liability and responsibility of City, its offic�rs, agents, servants and
�mp{oyees, for any and a11 claims or suits of property loss or damage andlor personal
injury, including death, to any and a11 persons, ot whatsoever kind of character, whetl�er
real or asserted, arising out of or in connection with th� execution,=-.perfarmance,
attempted andlor the serviees performed 1��reunder, whether or no� cause, in whole or
in part, by alleged negligence of officers, agents, ser�ants, or employees of City.
In the evenfi � it Es determined that Contractar has misused, misapplied vr
misappropriated all or any� gart af the funds provided hereunder, Gontractor agr�es to
indemnify, hold harmiess and defend the City of Fort Worth, its officers, agents,
servants, and employees, fram and against any and all cla'rms or suits resuffing from
such misuse, misapplication vr misappropriation.
� S.
If Confracfar, as a charifable or nanprofit organization, has or claims an immunity
;
or exemption (statutary or atherwise) from and against liability for damage or injury,
� including death, to ersons ar ro ert Contractor here e
i
P P p y� by x�ressly waives its rights to
plead defensi�efy such immunity ar exemption as against the City.
9.
Contrac#or shaH not assign ar subcantract all or any part vf its rights, �rivileges or
duti�s under this contrac� withaut the prior writt�n consent of City, and any attempted
assignment of sub�ontract of same without such priar written appro�a! shall be void and
�onstitute � breach of this agreement.
10.
Contra�tor, its officers, agents, emplayees and subcontractors, shall abE�e by
and comply with ail laws, federai, state and local, incfuding afl ordinances, rufes and
regulations of the City of Fort Worth. It is agreed and understoad that, if Cify calls to the
attention of Con#ractvr any such �io{aiion on the part of Cantractor ar any of its afficers,
agents, emplc�yees or subcon��actors, #hen Contractor shall immediate�y desist from and
cQrrect such violat�an.
�1,
Confracfor, in the execution, perfo�mance or attempted performanc� of this
cantract and agreemen#, will not discriminate against any person Qr persons because of
sex, race, �eligion, color or national origin, nor will Contractor permit its officers, agents,
employees, or subcontractars to engage rn such discrimination.
This agreement is made and en�er,ed into with reference sp�cifically to Chapter
17, Article �lll, Division 3, of the Cify Code of ti�e City of Fort Worth {"Discrimination in
Employment Prac#ices"}, and Contractor hereby covenants and agr�es that Contractor,
its agenfis,-��employees and su�contractors haue fuHy compiied with all provisions o�
same and that na employees, or employee-a�plicant has been discriminated against by
either Contrac#or, its agents, employees or subcontractors.
'I 2.
Cantractor shall furnish a ce�tificate of insurance as �roaf that it has secured and
paid for a policy of public liability insurance ,coverin� all public ris�s incid�nt to or in
connection with the execution, performance, attempted perfarmance or nonperformane�
of this contract and agreement.
Such amaunts shall be as �ollows:
Pt�ope�ty damag�, �er accu�rence $100,O�p
Bodiiy injury or death, per person $250,aao
Bodily injury of death, per occurrence $500,000
with the understanding at�d agreement Contractor that such i�surance amounts shall be
revised upward at City's option and the Contracfar sF�a11 revise such amounts within
th�rty (30) days foNowing notice to Contrac�ors of such requirements.
Contractor fur�h�r agrees that it shall comply wit1� the Worker's Compensation
Act of Texas and sh�ll provide sufficient compensation insurance to protect Contractor
and the City vf Fort Warth from anti against any and al1 Worke�s Compensa�ivn claims
arising from the work and services provided under tt�rs cor�trac#.
'i 3.
In the e�ent no funds or insufficient f�nds are appropriated by the City in any
fiscal period any paymeflts hereunder, City will notify Consultant of such occurrence
and this Contract sha11 terminate an the las# day o� the fiscal period fior which
appropriations were received without penalty or expense to City of any kind whatsoever,
except as to the �ortions of the payments herein agreed upon for wnich f�nds sha{!
have been appropriated.
14. .
This written instrument constitut�s the �ntire agreement by the parties herefio
concerning the work and services to be performed hereunder, and any prior or
contemporaneous, oral or written a�reem�nt, w#�ich purports to vary from the #erms
hereof sha{l be void.
15.
Should any action, whether real or asserted, at law or in equi#y, aris� o�f of #he
execufion, perFormance, attempt�d performance of this contract and agreement, venue
for said action shall lie in Tarrant County, Texas. ,
iN WITNESS WHEREOF, the part�es hereto have executed il�is agreement in
multiples in Fort Worth, Tarrant County, Texas, this
— ' , A.D. 2001. .
��_ ��L� . _ �
ATTES.?T: ,
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G10 Pearso
City Secre#ary
APPROVED A5 TO F�RM AND LEGALITY:
1 � ' `
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Assist nt City Attorne
Date: r�l��-'D �
, �
ATTEST:
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Con��a�t �utho�iza�i�n
,, � . �, � _� -_ — -
���.e
ALLfANCE FOR CHILDREN
� day of
� ;
CITY O�' FORT WORTH
By: � � ��, � . ` . � � ;.(Lu- •
Charies R. Boswell
Assistant City Manager
By: ' . 1
TF » �+ � -
Na cy g�n"� r - -
Execu iv� Director
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a- .�w.-
STATE QF TEXAS
COUNTY O� TARRANT
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BEFQRE ME, the und�rsigned authority, a Notary Public in and for the Sta�e of
T�xas, .on this day personally appeared Nancy Hagen, known to me to be the person
whose.riame �s subscribed to the faregoing instrument and acknowledged to me that the
same was the act of the Alfiance for Children and that she �xecuted the same as the act
of said_Alliance �For Ch�ldren for fhe purpose and consideration fiherein expressed and in
the capacity tl�erein stated.
GIVEN UNDER MY HAND AND SEAL OF �FFICE this f r• � day
-�n t..��
STATE OF TEXAS
0
COUNTY OF TARRANT §
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. � .� rr 1 _ � •
Notary I�ublic it�nd for
the State of Texas
BEF�RE ME, the undersigned �uthority, a No#ary Public in and for the Siate of
Texas, on this day personally appeared Charles R. Boswe{1, known to me to be the
person whose name is subscr�bed ta the foregoing inst�ument and acknowledged to me
that the same was the act of the City of �or� Wor�h far the purpase an� consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEA� OF OFFICE this /� � day of
fr��'Zr.�,-,�..1..�-.� � A.D. 2t}01.
o��; �p� ROSELL�1 BARNES ��� .��
a � NOiARYPUBLIC Notary Pub1�c in and far
�,����� st�te ot �rexas the State of Texas
��s� Comm. Exp. 03-31-2005
N�1��
af, A.D. 20��; ..
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AL�I�NC� �O� CHIL�I��R!
EXHI�I� �
P�.QCR�4� S�RVICE ACiIVIiI�S
a Educate individuals on issu�s regarding child
abuse.
� Recruit and coordinaie volunteers efFotts to
disseminate information to combat chiCd abuse
� Provicie pr�sentations to students anci school
persannel on how to r�cognize, report, and seek
help if child abuse is an issue.
� Ensure families receive Assistance guides upon
arrival to the center for chiEd abusa �n�estigation.
�OALS
1,500 individuals
� UO vol�nteers for 600
hours of support
1 D presentations
30Q families
u
�ity of Forf �'orth, Texas
��c�r A11d �,,�l�11c�d �,��111��I�1��#1�i1
DATE REFERENCE NUMBER L.OG NAM� PAG�
1�16101 **���y $�� � Q2CHILDREN 1 af 1
SUBJEC�' CONTRACT WlTH ALLiANCE F�R CHILDREN
RECOMMENDATION:
It is recommended #hat il�e City Council:
1. Authorize the City Man�ger to �xecute a contract with Alfiance for Children in the amou�t of
$63,998; and ,
2. Authoriz� the contract to begin �ctober 1, 2001, and expire Sept�mber 3�, 2Q02,
DISCUSSiON:
,
During the FY2001-2002 budget process, the City Council ap�roved fir�ancial st�pport for Alliance for
Children to conkinue pro�iding coordinaiion of the e�fivrts of agencies inv�stigating child abuse. The
budgeted amount includes $25,400 to be apPliaci �oward operat9ng expenses, ar�d $38,998 to suPPn�
tt�e salary o� the center's caardinator.
A1liance fior Child�en exists ta lessen emotional trauma for chil� abuse victims, and ta im�rove the ,
justice syst�m's �esponse ta child abuse by uniti�g efforts for publ�c agencies and enlisting cammunity
support.
It is proposed that a contract be execufed between the Cifiy and Alliance�for Chilciren to provide the
serv�ces outlined abave.
FISCAL INFORMATIC}NfCERTIF�CATION:
The Finance Director certi�es that �un�s are available in tt�e cu�rent operating budget, as appro�riated, .
of the General Fund. .
CB:k
Submitted for City blanager's
Oftice by:
Gharles i3oswell
�riginating Departme�t Head:
Charles Boswell
SSiI
85l]
�FUND � ACCOUNT�
(ta} — -
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(from)
GG01 538120
CEIVTER � AMOUIYT ` CITY SECRETARY
�
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Additioaal ►nfarmation Contact:
8ridgette Garrett
8518 � —
09�6200
$63,998.00 ,
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C�t�� t� f �ort ��'vr��h, �exa��
���a�� ���M ������� �a���r������a�
L']A'�-E f'�L'-_F�r��#�C:E NllME3��i L�� hJAh�l� 1'AC��
1��$l�� **('r-��$�� ��C;HILDR�N M �I �f i�
s�ga���` �Oh�T1��1�TV�ITHALLII��l��F�R�HIL�R�N
R���N�h�l �N DATIO�I:
Il is r���rr�mer�ded #f�ai khe �ity �ota��c�l;
'I. A�#hori�e lhe ���� iulanag�r to execut� � contra�i with Ailian�;� far �hiidren i� !#�� amau�l o�
�fi3,998; �r�d
2. fi�uti�or��e tl�e �ont�ac# #o beg�n ��f�b�r 1, �OQ�, and �xpire �e�,terr-ft��� ��, �00�.
DIS��Ll��ION:
Durin� the F1'�0�1-2��2 budg�t �rc�c�s�, the �i�� ��un�il ap�rov�d ��nan�ial �upporl iar l�kl��n�e fo�
�hl[drer� ta c��tttnue provwt�ing cc��rd�na��Gc�n of #ne ��forts �� agert�ies irfves�ic�az���g �I�ild ab�se. 7h��
b�dr��ted amoun# i�cl�d�� ��S,O�Q to �e ��p�ied ��w��d �pera�i�g ��cp�n�es, a�ci $�8,��8 !o supp�rl
#h� �aK�ry �f #h� �c�nler's �co�r�iir��t�r,
Allian�� For �h��ldrer� �xls�s to i�s�en �rrNata�nal irawr�a f�r �f7ilri abuse victim�. ar�d �o �mpr�ve th�
Ju�face s��t�m'� re�por��e io �hild �b��e �� �nalin� �ffor�� for C�ublic ag�n��es a�d �ni�s#Ing c���mur�it�r
s�p�art.
�l is ��o{�o��d t�at a cor�f���# be ex�����d ��lw�ar� #h� �ity �r�t� A�liance for �hll�l�en to provid� t#��
servi��s ou�1�r���1 ab�v�,
Fi��,�L lfVF�R�+1�1TIC�fVI��F�TG�I�A71�h1:
Tf7� Fl���c� Dir�clor c�r�Rf��s t�raE fu��tJs are availabl� in thc curr�r�t opera�inc� bud��t, as appfopriated, I
of tf�e ����ral F���. �
��:�
SM�h���iStecl io�' I:ity 41�flsrgeF's
orr�c� x�y:
C:harles Box+�rl�
C}r{��n�1itM�! 3�r�Hr��nci�i I�c�id:
C�arGes f3o�xvell
A�I�I{liut�al Eniurmut�ofl {:auls�cl;
Bridgctlr G�rrett
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