HomeMy WebLinkAboutContract 27228STATE OF TEXAS §
COUNTY OF TARRANT §
:~�iY ����EiA�iY ,.� �-
��A�i IV�, ...�, : :
WHEREAS, the Wamen's Center of Tarrant County, lnc. provides
eompr�hensive sexual �ssault intervention and prevention services for adults and
chilc�ren and colfabarative case support and pro�essional training for local polic� and
prosecutors; and _
WHEREAS, the City of For# Worth desires to contract with the Women's Genter
of Tarrant County, Inc., #o provide 24-haur rape..�crisis intervention services, clinicai
counseling far aduf#s and child victims of sexual assault and abuse, sexual abuse
prevention education fior school age childrer�, and training and case support for local
criminal justice officials; and �
VIIHEREAS, the Women's Center of Tarranfi Gounty, Inc. has offered to provide
such services to cit9zens of the Ci#y of Fort Worti�;
NOW, THEREF�RE, THIS CONTRACT FURTHER WITNESSETM:
That for and in consideration of the mutual covenants, �aromEses and agreements
con�ain�d herein, the City of Fort Worth ("City"}, a hom�-rule municipal carporation
acting by and through Charles R. Boswell, its duly authorized Assistant City Manager,
and the Women's Center of Tarrant County, 1nc., ("Contractor") a nonprofit Texas
corporation acting by and through Karen Perkins, its dufy authorized Executive Directar,
do hereby co�enant and agree as follows:
1.
Contractor co�enants and agrees to provide sexual assault interven#ion,
prevention, and criminal justice support services, such services to be provided for a
periad beginn�ng October 1, 200�, and ending S�ptember 30, 20D2.
2.
fn consideration of the services ta be performed hereunder by Contractor, the
City promises and agr�as to pay Cantractor i� twelve (12} monthly installments, a sum
which wiil not exceed the tofal of Seveniy-five Thousand Dollars ($75,000).
Af the end af each three�month quarter during the term hereof, Gontractor sha11
submit a repork [Exhibit A] vfi its services rende�ed during each quarter ar�d be subject to
a review by the City of its serviccs and act�v�ti�s in perfarmance of this cor�iracf.
� ���QC�Q� ������
! l:ifU U �L5f���j
,� �i �U1+�W ���
3.
Either party may cancel th9s contract upon thirty (30) days' no#ic� in writing to the
vther party of such infer�t �o terminate. In t�e event of such termination, City sha11
reimburse Contractar for ihe services perFo�med up to the date of termination.
4.
Contractor covenants and agrees to fully cooperate with City in monitaring the
effecfiveness of the services to be per�ormed under t�is agreement, and City shalf have
access a� all reasonable ho�rs to oif�ces �nd records ofi Cantractor for the purpose of
such monitoring.
5.
Contractor shall operate hereunder as an independ�nt contractor and not as an
officer, agent, servant, or employee of #he City of Fort Worth. Contractor shal! have
exclusi�e control of and the exclusive right to control the detai�s of the senrices
performed hereunder, and ail persans perForming same, and shall be solely responsible
for the acis and omissions of its of#icers, agents, servants, employees, subcantractors
and program participants. The dactrine vf respondeaf superior s�a[f not apply as
between the City and contrac#or, its officers, agents, servants, employees,
subcontractors, or program participants, and nothing herein shall be construed as
� creafiing a partnership or joint er�terprise b�tween City and Contractor. It is expressly
understood and agreed that no officer, ag�nt, emplayee, or subcontractor of Contractor
is in tF�e paid service of the Ci�y ofi �'ort Worth.
�.
City shall in no way or �nder any circumstance be respor�sible for any property
belonging to Contractor, its officers, agents, employees, or subcontractors vr program
participants, which may be lost, stolen, des#royed or in any wa.y damaged; and
Contraetor hereby indemnifies and holds harmless the City, its officers, agents, and
employees, from and againsfi any and alf claims or suits concerning such prop�rty.
7.
Contractor covenants and agrees to indemnify, hold harmless and defend, at its
awn expens�, the City, its affice�s, agents, servants, and employees, from and against
any and all claims or suits for property loss or damage andlor personal ir�jury, including
death, to any and all persons of whatsoe�er kind or character, whethet rsal ar asserted,
arisin� out of or jn cor�nection with the execution, performance, attem�ted �ertormance
or nonperFormance of this contract and agreement, andlor the services performed
hereunder, whether or not cause, in whole ar in part, by aileged negligence of officers,
agenfs, servants, or employees of the City of Fort Warth; and Contractor hereby
ass�mes all liability and responsi�ility of City, its ofFicers, agents, servan�s and
employees, for any and all claims or suits of property loss or damage andlor personal
injury, including deatF�, to any and all persons, o� whatsoever kind of charaeter, whether
real or asserted, arising out of or in connection with the execufion, performance,
attempt�d andlor the services performed hereunder, .whether ar not cause, in whofe or
in part, �y alleged negl9gence af officers, aget�ts, servants, or employees of C9ty.
In the e�ent it is determined that Contracfor has misused, misapplied or
misappropriated all or any part of the funds pro�ided hereunder, Contractor agrees to
indemnify, F�old harmiess and defend the City of Fort Worth, its officers, agents,
servants, and employees, firom and against any at�d al1 claims or suits res�ltir�g from
such misuse, misapplicatian ar misappropriation.
S.
lf Contra+ctor, as a charitable or nonprofit organization, has or claims an immuni#y
:,
ar exemption (statutory or otherwise) from and against liabiiity for damage ar injury,
including death, ta persons or praperty, Contractor hereby expressly waives its rights to
plead defensively such �mmun�ty or exemption as against the City.
9.
Confractor shalf not assign or subcontract a11 or any part of its rights, privileges or
duties under this contract without the prior written consent of City, and any attem�ted
assignmer�t of subcon#ract of same withou� s�ch prior written approval shall be void and
constitute a breach of this agreement.
10.
Contrac#or, its officers, agents, employees and subcontractors, shall abi�e by
and eomply with all laws, federal, state and locai, including all ordinances, rules and
regulations of the City of Fart Worth. lt is agreed and understood that, if Ci�y calls to the
attentian of Contractor any such �iofa�ion on the part of Contrac�or or any of its ofFicers,
agents, employ�es ar s�abcontractors, then Con#ractor sha11 immediateiy desist from and
correct such violation.
19.
Confractor, in the execution, p�rformar�ce or atkempted performance of this
contract and agreement, wi11 nat discriminate against any persor� or persons because of
sex, race, religion, cofor or national origin, nor wiil Contractar permit its officers, agents,
employees, or subcontractors to engage in such discriminafion.
This agreement is made and entered into with reference specifically to Chapter
17, Articfe III, Division 3, of ihe City Cade of ihe City of Fort Warth ("Discrimination in
Employmen# Practices"), and Contractor hereby covenants and agrees that Contractar,
its agents, employees and subcontractors have fully complied with all pro�is3ons of
same and that no employees, or employee-a�plicant has been discriminated against �y
either Contractor, its agents, employees or subcontrac#ors.
12.
Contraetor shal! fiurnish a certificate of insurance as proof that it has secured and
paid far a policy of public Ifability insurance covering ail public risks incident to �r in
connection with the execution, perFormance, attempted perfarmance or nonpe�forrnance
af this contract and agreement.
Suci� amoun#s shalf be as follows:
Property damage, per occurrence $100,QOD
Bodily in�ury or death, per p�rson $250,D00
Badily injury of death, per occurrence $500,000
wifh the understanding and agreement Cantractor th�t such insurance amounts shall be
revised upward at City's op�ion and the Contractor shal) revise such amaunts within
thirty �30) days following notice to Contractors af suc� requirements.
Contractor further agrees that it shalf comply w9th the Worker's Compensation
Act of Texas and shall provide sufFicient compensation insurance to protect Contractor
and the City of Fart Worth from and against any and all Worker's Campensation claims
arising from the work and services p�vvided under ihis contract.
13.
In the event na f�nds or insufficient funds are a�propriated by the City in any
fisca! period any �ayments hereunder, City wifi notify Gvnsultant of such oecurr�nce
and this Contract sha11 termir�ate on the last day af the fiscal periad for which
appropriations were received without penalty or expense to Ci#y of any kind whatsoe�er,
except as to the portions of the paymenfis h�rein agreed upor� for which funds shall
have been ap�ropriated.
14.
This written insirument constitutes the entire agreement by the parti�s hereto
concerning the wark and services to �e perfarmed hereunder, and any prior or
contemporaneaus, oral or written agreemen#, which pur�orts to vary from the terms
nereof shail be void.
�5.
,
5houl� any action, whether real ar asser�ed, at law or in equity, arise out of the
ex�cution, perFormance, attempted performa�ce of #his contract and agreement, venue
for said action shafl 1ie in Tarrant Caun#y, Texas.
IN WiTNESS WHEREOF, the parties hereto ha�e executed this agreement in
m�ltiples in For� Worth, Tarrant Co�nty, Texas, this �., '' � day of
- � , A.D. 2001. �_
4 . �- =
ATTEST:
r � . � �� '-_ �`4
r'��r-�O �1- 'i 1
� ,
City Secretary
CITY OF FORT WORTH
� !�- � -
— gy: '� ` �,T�.wt c.
Charles R. Boswel .
Assistant City Manager
APPROVED AS TO FORM AND L.EGALrTY: �'
p � �� V �`
�. •��\
Assis an� C�ty Attorney
Dafe:
ATTEST:
�ont�act Au�hori�a�ion
�ate
WOMEN`S CENTER OF
TARRANT COUNTY, iNC.
�
�il�-, �i� -
aren Perkins
Executive Director
�������� �����
V 11 U➢ C!'L�- u Wlh Irl'6f�1�
�b °���� �,
�I(dzfvti
i
STATE OF TEXAS �
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and far the State of
Texas, on this day personal�y appeared Karen Perkins, known to. me to be ti�e person
whase name is subscr�bed to ihe foregaing instrument and acknowledged fo me thaf the
same was irie act of the Women's Center of Tarrant County, Inc. and that she executed
the sarne as the act af said V1lomen's Genter of Tarrant County, lnc. for the purpose and
consi�eratior� th�rein expressed and in the capacity th�rein stated.
G1VEN UNDER MY HAND AND SEAL OF OFFICE tnis �� day of
�(�y�l,,� , A.D. 2�01.
(
��°��Y� �P'OiA�Y �����I�
�r� �i4g of T�x�
��� r��. �. �z-a�•�
L� � �1 11 �'� 1 1 11 � v� nyn0^ �I� �i I�� � li ! 11 1 i 11 1, 11 1 I,I �
otary �''�blic in and far
the State of Texas
STATE OF TEXAS §
COIJ NTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Charles R. Boswell, known to me to be the
p�rsan whose name is subscribed to the foregoing instrument and acknowledged 'to me
that the same was the act of th� City of Fort Warth for the pur�ose and consideration
therein �xpressed and in the capacity therei� stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
� r� .�,_�
� � ��
��j� day of
�� � A� aos��u� Ba��u�s /�.�e�- �
F'�"""'�`�€ NQ'FARYPUBLIC Notary Public in and for
����y • state or -rexas the 5tate ofi Texas
9'•.....�' �
�+ti,'�a�� Camm. Exp. 03-31-2005
-d-...�,, ..,. „„..-.,�,, .,.�
r�xbi�i� �
�R�CR/�IVY SGf�VIC1� A►�i1VliI�S.
• 24 Haur Rape Crisis Ho#line Calls
� 24-Hour Crisis Intervention Co�nseling at Rape
Exam Sites
� Victim Support and Accompanime�# During
Criminal Justice Process -
• Clinical Counseling
� Child Sexual Abuse Prevention Training � �
� Adult Sexual Assault Pre�en�ion Training
� Sexual Assault Issues T�aining for Grand Jurors
� Training and Technical Assistance for Criminal
,�ustice Profiessionals
COALS
'i ,000 Ca11s
425 Children &Adults
60 Victims
400 ChiEdren & Adults
50,000 Chi�dren
1,000 Adults
96 Persons
1,a00 Persons
�`ify of'.�''o�� T�'a�th, T'exas
. a��� r��d ����c�� �'�mm��;�����
DATE , REFER�NCE NUMBER LOG NAME PAGE
1'�161a� **��� ��� � 02CENTER I 1 of 1
suB��cT CONTRACT W1TH W4MEN'S CENTER O� TARRANT COUNTY
RECOMMENDATION:
Ifi is recommended that the Cify Council:
, 1. Authorize t�e City Manager to execute a contract with Women's Center of Tarrant County for the
provisior� of services to #he citize�s of F'ork Worth in the amount of $75,00a; and
2. Authorize the con#racfi to begin Ocfober 1, 2pQ1, and expire 5�ptember 30, 2002.
D15CU551�N:
During the FY2�01-20Q2 budge� ��-ocess, the City Couneil approved financial support in the amount o#
$7v,000 for Women's Center of Tarrant Cour�ty to continue praviding rap� crisis sen+ices.
Services to be pro�ided �nclude counseli�g and ass�siance to rape victims, reeruiting and training of
vo�unteer coU�selors, and making p��lic presentations concerning rape prevention, Ofher s�rvices
provided are the coardination of services to rape victims and a close cooperation between the Police
Department personnel and t�e Women's Center staff and valunteers.
It is proposed that a contract be exec�ted between the City of Fort Warth and Women's Center of
Tarrant County to provide the s�rvices outlined above.
FISCAL INFORMATlONICERTIFICATi�N:
j The Finance Director certifies that funds are availabie in the curr�nt operating budget, as appropriated,
of the General Fund.
CB:k
Submiited for City Manager's
Offfce by:
Charles Baswell
Originating Department Head:
Charles Boswell
Additional Information Coniact:
Bridgette Garrett
FUND I ACCDi1N3' I
(to)
,
8511 I
�
8511 � {&om)
GG01 539120
ss�g �
CE1�iTER � AMOUN'T
090fi240 $75,000.00
CI'I'Y SECRETARY
aP��o��
�1TY CO.�C�L
NOV � �I
I �� �'��
` �,� y}�����'�I
:
i'
�
��
1f
�