HomeMy WebLinkAboutContract 272290
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CITY ��C��i�O�Y -
CONi�iRCT �1� . . � , . .
STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, the Wllomen's Haven of Tarrant Count�, lnc, pro�ides secure
#ra�sitional accornmodations for victims af intrafamilial violer�ce; and
_ WHEREAS, the City of Fort Worth desires to contract with Women's Ha�en of
�arrant County, lnc., to pro�ide suc� accommodatEons #v, and serve as a refuge for,
Fork V1lorth residents who are �ictims of intrafamilial violence; and
WHEREaS, the Women's Haven of Tarrant Coun�y, Inc. has affered #o provide
such services #o citizens of the City of Fort Worth;
NOW, THEREFORE, TH1S CONTRACT FURTHER WfTNESSETH:
That for and in consideration of �the mutual covenants, pramises and agreements
contained F�erein, the Ci#y of Fort Worth (uCity"), a home��ule mt�nicipal corporatiori
acting by and through Charles R. Boswell, its duly authorized Assistan# City Manager,
and t�e Women's Ha�en of Tarrant County, Inc., ("Cont�actor°') a nonprafit Texas
corpo�afion acting by and through Sharon Marshall, its duly authorized Executi�e
Director, do hereby covenanf and agree as foliaws:
�.
Contractor covenants and agrees to provide sheft�r for battered women and th�ir
ch�ldren alang with emergency transpor�ation, legal advice, and childcare, suc� services
to be pravided for a perivd beginning �c#aber 1, ZOa1, and ending Sep�ember 30, 2002.
2.
in consideration of the services to be pertormed h�reunder by Contractor, Cify
promises and agrees to pay Contractor in twefve (12) monthly installm�nts, a sum which
will not, on an annual bssis, exceed the tota� of Nir�ety Thousand Dollars {$90,000).
At tf�e end of each three-month �uarter during the term hereof, Co�tracior shall
submit a report [Exhibit A] of its services rendered during each quarter and be subject to
a review by the Gity af its services and activities in performance of ihis contract.
3.
EEther party may cancel this contract upon thirty (30) days' nv#ice in writing io the
other party of such intent to terminate. In the event af such termination, City shafl
reim�urse Contracfor for the services performed up �a the dafie of termination� ~' —-
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4.
Gontractor ca�enants and agrees to fully cooperate wi�h City in monitoring the
effectiveness of the services to lae pertormed under #his agreement, and City shafl ha�e
access at ail reasonable hours to offices and records of Con�ractor for the purpose of
such monitoring.
5.
Contractar shall operate hereunder as an �ndependent contractor and not as an
officer, agent, servant, or employee of the City of Fort Worth. -- Contractor shall ha�e
exclusive control af anci the exefusiv� right ta confirol the details of the services
performed hereunder, and a11 persans pertorming same, and shall be solely responsible
far the acts and omissions of its officers, agents, servants, empioyees, subcontractars
and pragram participants. The doctrine af respond�at superior shall not apply as
betw�er� the Cit}r and contractor, ifs ofFicers, agents, servants, employees,
subcont�actors, or program participants, and nothing F�erein shall be constru�d as
creafing a partnership or jaint enterprise between Cify and Contractar. It is expressly
understood and agreed that no officer, agent, employee, or subcon#ractor of Contractor
is in the paid service of the City of Fort Worth.
6.
City shall in no way or under any circumsiance be responsible for any property
belonging to Confractor, its afF'icers, agents, emp{oyees, or subcontractors ar program
participants, which may be lost, sto�en, destroyed or in any way damaged; and
Canirac�or hereby indemnifies and holds harmless the City, its off'icers, agents, and
employees, from and againsi any and aH claims ar suits concerning such praperty.
7.
Contractor covenants and agrees to inciemnify, F�old harmless and defend, at its
own expense, the City, its officers, agents, servants, and employees, firom and against
any and a11 claims or suits for property loss or damage andlor persona! injury, ineluding
deatY�, to any and all persons of wha#soe�er kind or character, whether real or asserted,
arising oUt of or in conneciion wjth �he execution, p�rFarmance, attempted performance
or nonp�rformance o�F this confrac� and agreemer�t, andlor tt�e services performed
hereunder, whether or not cause, in whale or in part, by alleged negligence of office�s,
agents, servants, or empjoyees of the City of For� Worth; and Contractor hereby
assumes al{ liab�lity and responsibiEity of City, its officers, agents, servants and
employees, for any and all claims or suits of property foss or damage andlor personal
injury, including cfeath, to any. and all .persons, of whatsoev�r kind of character, whether
real or asse�ted, arising aut of or in connectian with the execu#ion, performance,
attempted andlor the services performed �ereunder, whether vr not cause, in whole ar
in part, by alleged negligence of officers, agents, servants, or employees of Ciiy.
In the event it is determined that Contractor has misused, misapplied or
misappropriated all or any pa�t of the funds provided her�under, Contractar agrees to
�in�emnify, hold harmless arid defend the City of Fort Worth, its officers, agents,
S�NcilltSy and employees, from and against any and all claims or suits resulting from
s�ch misuse, misapplication or misappropriation.
8.
�f Contractor, as a char�table or nonprafit organization, has or claims an immunity
ar exemption (statutory or otherwise} from and against liability for damage or inj�ry,
including deat�, to persons or property, Con�ractor Y�ereby expressly wai�es iis rights to
plead defensivefy such immunity or exemption as against tf�e City.
9.
Cont�actor sha11 not assign or subcontract all or any part of its righ#s, privileges or
d�ties under this contract withou# the priar wri#ten consent of City, and any attemp#e�
assignment of subcontract of same without such prior written approval shall be vo�d and
eonstitute a breach of this agreement.
10.
Contractor, its officers, agents, employees and subcontractors, sha11 abide by
and eomply with a�! laws, federal, state and local, ir�ciuding ali ordinances, r�les and
regulations of the City of Fort Worth. !t is agreed and understood that, if City calls to the
ati'ention of Contracior any such violation on the pari ofi Contrac�or or any af its officers,
agents, employees or subcontrac�ors, then Contractor shaf! immediately desist from and
correct suc� violatian.
�1.
Contractor, in the execu�ion, performance or attem�ted performance of this
contract and agreement, will not discriminate against any person or persons because of
s�x, race, refig�on, color or national origin, nor will Contractor permit its offic�rs, agents,
emp�oyees, or subcontractors to engage in such discriminatian.
Th�s agreement is made and entered into with reference specifically t4 Chapter
17, Article Il1, Division 3, of �he City Code of the City of Fort Wor�h ("Discrimination in
Empfoyment Practices°), and Co�tractor hereby covenar�ts and agrees that Contractor,
its agents, employees and � subcontractors have fu11y complied wifih all provisions of
same and �hat no employees, ar empioyee-ap�licant has bee.n discriminated against by
either Contractor, its agents, employees or subcontractors.
12.
Contractor shall furnish a certificate of insurance as proof fihat_rt has secured ar�d
paid for a policy af pu�lic fiability insurance cavering all public risks i�cident ta or in
connecfiion with the execufion, performance, at#empted performance or nonperfo�mance
of this contract and agreement.
Such amounts shall be as follows:
Praperty damage, per occurrence ,$'i00,000
Bodily injury or death, per person $250,000
Bodily injury of death, per occurrence $500,000
wiih #he understanding ar�d agreemenf Contractar that such insurance amounts shal{ be
revised upward a� City's option and the Cor�tracfor shali r�vise such amaunts wi#hin
fhirky (30) days following notice to Gontractors of such requiremenfs.
Contracfor furtF�e� �agrees that it shalf comply wit� t�e WorLcer's Compensation
Act of Texas and sha11 provide sufficient compensation insurance to protect Contractor
and the Ci#y of Fort Worth from ar�d against any and all Worker's Compensation claims
arising from the work and services provided ur�der this contrac#.
13.
In the event nv funds or insufficient funds are appropriated by the City in any
fiscal periad any payments hereunder, City will not��y Consultant of such occurrence
and this Contract shall terminate on the iast day of #he fiscal period far which
appropriations were recei�ed withvut penalty or expense to City of any kir�d whatsoever,
except as to the portions af the paym�n#s herein agreed upo� for which funds shall
ha�e been appropriated.
14.
This written instrument canstitutes t�e entire agreement by the parties hereto
concerning the work and services to be perfarmed hereunder, and any prior or
contemporaneous, oral or written agreement, which purports fa vary from the terms
hereof shali be void.
15.
Should any ac�ion, whether real or asserted, at law or in equity, arise out of the
�xecution, performance, attempted perFormanc� of this contract and agreement, venue
for sai� ac�ion sha11 lie in Tarrant County, Texas.
-� lN WITNESS WHEREOF, the parties hereto have executed this agreement in
mulfiiples in Fort Worth, Tarranf County, Texas, thEs � day of
� , P►.D. 2001.
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ATTEST:
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' City Secretary
CITY OF FORT WORTH
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� gy: ' � �� �i+� �c:�. `�� � � - U � 1C0 �
Charles R. Boswe{i
Assisfant City Manager
APPROVED AS TO F�RM AND LEGALITY:
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A5515t' t City Attorney
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ATTEST:
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Contract Author��ation
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1�at�
WOMEMS HAVEN OF
TARRANT COUNTY, iNC.
By: ,�
Sharon Marshall
Executiv� Director
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STATE OF TEXAS §
CQUNTY OF TARRANT §
BEFORE ME, the und�rsigned autharity, a Notary Public in and for the State ofi
Texas, on tl�is day persanally appear�d Sharon Marshall, known to me to be the �erson
whose name is subscribed to the toregoing instrument and acknowledged to me fhat the
same was the act of the Women's Haven of Tarrant County, Inc: and that she execufied
tt�e same as the act of said Wom�n's Ha�en af Tarrar�� County, lnc. for the purpose and
consideration ther�En expressed and in the capacity therein stated.
GlVEN IJNDER MY HAND AND SEAL. OF OFFICE this
�j�� day of
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; �N' "h, ����c� ��s�
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�'` .�' � STATE �� TEXAB�
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� �lotary Public in and for
fhe S�ate of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Pub�ic in and for the State af
Texas, on this day personally appeared Charles R. Boswell, known to me to be the
person whose name is subscribed to the faregoing instrument and acknowledged to me
that the same was �he act af the City of Fort Worth for the purpase and consideration
therein expressed and in the eapacity therein stated.
GIVEN UNDER MY HAND AND SEAL �F OFFkCE this
n J����, A. D. 2001.
_��
�j"�� day of
�Y p� ROS�LLA BARNES
$�� ��°� NOTAFiY Pl38LiC ` �' ����
�q���� � state of rexas Notary Public in and for
�� Comm. Exp. 03-31-2005 th� 5tate of Texas
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lN�M�1�'S bAV��' OF �OR� V�dORTH AN� i�RRAIV� COUNiY
�Xbl�1T �
�RO�fZAN9 �ER1IfC� ACTIVIiI��
• Provide sheEter and su�po�t services to and
children
� Provide a 24�hour crisis in�erventEon hotlirie.
o Coordinate volunteer effarts to provide support
and resources to victims of family �iolence.
G�ALS
615 women and 885
children
6Q00 cakls
50� haurs
0
�'ity of Fo�t d�'o�t�'i, Te�ras
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DATE . REF�R�f�IC� NUMBER LOG NAME f'AGE
1116/09 **��1 g8� �� 02HAVEN � 1 of 1
SIJBJECT CONTRACT WITH WOMEN'S HAVEN OF TARRANT COUNTY
R�COMMENDATION:
It is reeommended that the City Council:
1. Authorize #he City Manager to��xecufe a contraCt with Women's Haven of Tarrant County for fhe
provision of services io the citizens of �ort Warth in the amount o# $90,Q00; and�
2. Authorize the cantract to beg�n October 1, 2fl01, and expire S�ptember 30, 2�02,
D{SCUSSfON:
�
During the FY2041-2002 budget process, the City Cauncil approved fir�anciaf s�ppor� in the amount of
$90,a0� for Wamen's Haven of Tarrant Courtty ta co.ntjnue providing emergency temporary s�elfer and
s�pportive sen+rces for battered or abused womer� and chifdren. The shefter is o�en 24 haurs.a day,
and pror�ides emergency transpor�atiar�, legal adviee, and childcare.
it is proposed that a contract be executeci between the City of Fort Wor�h and Wome�'s Haven of
Tarrant County to provide the senrices autlineci above.
FISCAL fNF�RMATI�NICERTIFICATI4N:
The Finance Director certifies that funds are available in fiF�e current operat9ng budget, as apprapriated,
of the General �und.
CB:k
Submitted for City l�ianager's
Office by:
Charles BasweSl
Uriginating Department Head;
Cl�aries Baswell
Addikional jn%rmatian Contact:
�F[73YD � ACCOUNT ` C£Ni'ER � AMOUMT
(to)
8511
85l i � (from)
GG01
Br9dgette Garrett 85 I$ j
539720 Q906200 ' $9�,0OO.OD
CITY SEC�ETARY
Ci�y of Fo� Worth, 2'exars
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DAT� REFEREE�iC� Nl]MBER LOG NAME PAGE
111fi/01 **��� $�� � �2HAVEN I 1 of 9
SUBJECT CONTRACT WITH WOMEN'S HAVEN OF TARRANT COUNTY
RECOMMENDATION:
!t is recommended that the City Council:
1. Authorize the City Manager to execute a contract with �111omer�'s Haven of Tarrant County for the
provisior� of services to the citizens of Fort Worth in the amoun# of $90,000; and
2. Authorize the contract to begin October 1, 2001, and expire September 30, 2002.
DISCUSSiQN:
During the FY2001-2002 budget process, the City Council approved financiai support in the amount of
$9Q,Q40 for Women's Haven of Tarrant Caunty to cor�tinue providing emergency temporary shelter and
supportive s�rvices for battered or abused wame� and c�ildren. The shelter is open 24 hours a day,
and provides emerger�cy transportation, �egal advice, and chil�care.
It is proposed that a contract be execu�ed betw�er� th� City af F'ort Worth and W�men's Haven of
Tarrant Coun�y to provide the services outiined abo�e.
FISCAL INFORMATI�NlCERTIFICATION:
The Finance Directar certifies that funds are avaifable in tE�e current ape�ating b�dget, as apprapriated,
of the General Fund.
CE3:k
Submikted for Clty Manager's
Offfce by:
ch���5 sa5w�i�
Ori�inating De�artment Elead:
Charles �osweli
Additional Infurmation Contact:
Bridgette Garrett
� FUND � ACCOUNT �
� (to)
�
ssii
8511 � (�'rom)
GG01 538120
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85l$ �
CENTER
Q9Q6200
I AMOU1�iT
I
$9�,ODOAQ �
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CITY SECRETARY
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C1TY Ct�
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