HomeMy WebLinkAboutContract 27240�
�I�"Y ��CR��ARY ,�
CON�'f�AC� N�,. �„.,� .%�� �'
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STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, the Tarrant Council .on Alcoholism and Drug Abuse provides
counseling an� case management services for individuals suffering from alcohofisrn and
d�ug abuse; and _
WHEREAS, the City of �or� Worth desires to contract with Tarrant Council on
Alcoholism � and Drug Abuse, to provide such counseling and case mana�ement
services to For� Worth residents wha are suffering from these afflictions; and
WHEREAS, the Tarrant Council on Alcoholism and Drug Abuse has offered to
provide such services to citizens of the Cifiy of Fort Wort�;
NOW, THEREFORE, THIS CONTRACT FURTHER VWlTNESSETH:
That for and in consideration of the mutual cove�nants, promises and agreements
contained herein, fihe City of Fart Worth ("City"), a hame-rule municipal corporation
acting by� and through C�arles R. Boswell, its duly au#horized Assistant City Manag�r,
ar�d tt�e Tarrant Council on Alcoholism and Drug Abuse, ("Gontractor''} a nonprvfit
Texas corporation acting by a�d throu�h Barbara Loe, its duly autharized Executive
Director, do hereby covenant and agree as follows:
1.
Cantrac#or covenants and agrees to p�ovid� counseling and case ma�agement
as well as education, prevention and referral efFarts to reduce alcoholism and substance
abuse in Fort Warth, such services ta be provided for a perio� beginning October 1,
20Q1, and er�ding September 3D, 2002.
��
In consideration of the services to be performed hereunde� by Contractor, City
promises and agr�es to pay Contractar in twelve �12} montF�ly installments, a s�m of
which will not, on an annual basis, exceed the total of Fifty Thousand Dallars ($50,000).
At the end af each three-mon#h quarter during the ferm hereof, Contractor sha11
submit a report [Exhibit A] ofi its servic�s rendered during each quarter and be subject to
a review by the City of its services and activities in perFormance of this contract.
`I ������ad �?�C�U�U
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Either party may cance! this contract upon thirty (30) days' notice in wrifing to the
other party of such intenf to terminaie. In #he euent of such terminatinr�, City shal[
reimburse Contractor for the services performed up to the dafe of termination.
4.
Contractor covenants and agrees to fully cooperate wi�h City in moni#oring fhe
efFectiven�ss of t1�e services to be perFormed under this agreem�nt, ar�d City shall have
access at afl reaso�able hours to ofFices and recards of Contractor for the purpos� of
such monitaring.
5.
Confractor shall aperate hereunder as an independen� contractor and not as an
officer, ag�nt, servant, or empEoyee of the City of Fart Worth. Contractor shall ha�e
exclusive control af ar�d the exclusi�e righ# to control the details of t�e services
performed hereunder, and all persons performing same, and shall be solely responsible
fior the acts and omissions of its officers, agenfis, servants, employees, subcor�#ractors
and program participants. The doctrine of respondeaf superior shall not appiy as
betwEen the City and contractor, It5 officers, agents, servants, employees,
subcontractors, or program participants, and nothing herein shall be construed as
crea�ing a partrtership or joint enterprise between City and Gontractor. If is expressly
undersfood and agreed that no officer, agent, employee, or subcontractor of Contractor
is in the paid service of the City of Fort Worth.
6.
Gity shall in no way or under any circumstance k�� responsibl� for any property
belong9ng to Contractor, its afFicers, agents, employees, ar subcontractars o�- program
participants, which may be lost, stolen, destroyed or in any way damaged; and
Contractar hereby indemnifies and hofds harmless the City, its officers, agents, a�d
employees, from a�d against any and all claims or suifs concer�ing such praperty.
7.
Contractor covenants and agrees fa indemnify, hold harmless and defend, at its
own expense, the Ci�y, its officers, agents, servants, and employees, from and agains�
any and all claims or suits for property loss or damage andlor personal injury, including
death, to any and a!I perso�s of whafsoever kind ar character, whether real or asse�te�,
arising out of or in connection with the execution, performance, attempted perfoemance
ar nonperformance of this contract and agreem��t, andlor the services �erform�d
hereunder, whether or not eause, in whole or irt �art, by alleged �egligence of officers,
agents, se[vants, or employees of the City of Fo�t Wort�; and Contractor hereby
assumes alf liabi[ity and responsibility of Cify, its afficers, agents, servants and
employees, for any and all claims or suits af praperiy loss or damage andlor persor�ai
injury, including dea#h, to any and all persons, of whatsoe�er kind of character, whether
real or asserted, arising out of or in cannection with t�e execufion, performance,
attempted andlor the services performed hereunder, whether or not cause, in whole ;or
in part, by alle�ed n�gligence of afficers, agents, servanfs, or employees of City. _
In the event it is determined that Contractar has misused, misapplied or
misappro�riated all or any part of #he funds provided hereunde�-, Contractor agrees to
indemnify, hold harmless and defend the City of Fort Worth, ifs officers, agents,
servanfis, a�d employees, from and against any and al! claims or sui#s resulfing from
such misuse, misapplication or misappropriation.
8.
If Contractor, as a charitable or nonprofit organizaiion, has or claims an immunity
or exemption (statutory or otherwise) �rom and against liability for damage or injury,
including death, to persons or property, Contractor hereby express{y waives its rights to
plead defensiveEy such immun�ty or exemption as against the City.
9.
Contractor shal[ not assign or subconfiract all or any part of its rights, privi�eges or
duti�s under this contract withouf the prior written cansent o'� City, and any a�tempted
assignment of subcontract of same withaut such prior written approval shall be void and
consti#ute a breach of this agreement.
�
Contractor, its officers, agents, employees and subcontractors, shafl abide by
and comply with all laws, federal, state and Iocal, including all ordinances, rtales and
regulations of the Cify of Fort Wor�h. It is agreed an� undersfood that, if City calls to the
attention of Contractar any such �iolation an the part of Contractor ar any of its officers,
agents, employees or subcontractors, the� Contractor shall immediately desist from and
correct such �iolation.
11.
Con#ractor, �n the execution, perfo�mance or attempted pertormance of this
contrac# and agreement, wil[ not discriminate against any person or persons because of
sex, race, religion, color or nationaf origin, nor will Contractor �ermit its officers, agents,
empfoyees, or subcontractors to engage in such discrimination.
This agreemer�t is made and entered into with reference specEfically ta Chapter
17, Article Ifl, Division 3, of the City Code of the Cify of Fort WortY� ("Discrimination in
Employmerit Practices"), and Contractar hereby covenar�ts and agrees that Co�tractor,
its agents, employees an� subcontracfars have fiully complied with ali provisions of
same and that no employees, or employee-applicant has been discriminated against by
either Contractor, its �gents, employ��s or subconiractors.
12.
Contractor shall fiurnish a certificate of insurance as proof that it has s�cured and
paid for a policy of public liability insurance covering all pub�ic risks incident io or in
connection with the execution, performance, attempted performance or nonpe�Formance
of this contract and agreement.
Such amounts shall be as fallows:
Property damage, per occurrence $100,000
Bodily injury or death, per person $250,000
Bodily in�ury of death, per occurrence $500,000
with the understanding and agreement Contractor that such insurance amounts shall be
revised upward at City's option and the Co�tractor sf�all re�ise such amounts within
thirty (30} days folfowing nvt9ce fa Contractors of such requireme�ts.
Contractor further agrees that it sf�all comply with fhe Wor�Cer's Compensation
Act of Texas and sF�all �rovide sufficient compensation insurance to protect Contractor
and th� City of Fort Worth from �nd against any and all Worker's Compensation claims
arising from #he work and services provided under ihis contract.
13.
In the event no funds or insufFicient funds are ap�ropriated by the City in any
fiscal period any payments hereunder, City wi11 notify Consultant of such occurrence
and this Contract shal! terminate on the last day of tf�e #iscal period for which
appropriations were received withvut penalty or expense ta City of any kind whatsoever,
exce�t as ta the partions of the payments herein agreed upon for which funds sF�all
have be�n appropriated.
� 14.
This wriiten instrumenfi constitutes the entire agreement by the �arties hereto
conc�ming the work and services to be performed hereunder, and any priar or
contemporaneaus, oral or wr�tten agreement, wnich purports to vary fram t�e terms
hereof shal[ be void.
� 5. �.
Should any action, whether reai or asserted, at law or in equity, arise out of_ the
executian, �erformance, a�tempted p�rformance af this contract and agreement, venue
for said actior� shall lie in Tarrant County, Texas.
IN WITNESS WHEREOF, #he parties hereto ha�e executed this agreement in
multiples �n Fort Worth, Tarran� County, Texas, this���. day of
� , A.D. aao�.
�'f� ��.�t
ATTEST:
Glori�'Pearson
Ci�y Secretary
APPR�VED AS TO FORM AND LEGALITY:
� f S�C.
Assis ni City t#orn
Date:
ATTEST:
C1TY OF FORT WORTH
By: � � . , ..�.i.1��•-
Charles R. Boswell
Assistar�t City Ma�ager
� �� �
Con�r��� i�u�k�a�i��t��r��
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Date
TARRANT COUNClL ON
ALCOH�I�ISM AND DRUG ABUSE
By. �� �
Bar�ara Loe - �,
Execufive Director �--� " � ��������
j �
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STATE OF' TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned aut�arity, a Notary Public in and for tf�e State of
T�xas, on this day personally appeared Barbara Loe, known to me to be th� person
whose name is subscribed to the foregoing instrument and acknowiedged to me tha� the
same was _fl�e act of the Tarrant Councif on Alcoholism and Drug Abuse and that sne
�xecuted the ,same as the act of said Tarran# Gnuncil on Alcoholism and Drug Abuse for
the purpase and consideration therein expressed and in the capacity the�ei� stated.
GIVEN,IJNDER MY HAND A�ID SEAL OF OFFICE this /��- day of
� f��,��� , A.D. 2001.
....._ _._. ,_„ �C�� ��n�A�a
�<*�►ra: '-`�"`' N ry Pui�fic in and for
��,; .. ..,� JUDY L. MC�OI�AL� •
_; Notary Pubilo 5te;e af Texas � �h Stai� of Texas
�`�%����Z,}''�� My J I 03 �800��ires
, 3►' , Y �
— — . _.�� — _ �. — , .��
STATE OF TEXAS §
C�UNTY OF TARRANT �
BEFORE ME, the undersigned authority, a Notary Public in ar�d for the State of
Texas, on this day personally appeared Charles R. Boswell, known to me to be the
person whose name is subscribed ta the foregoing ins�rument and acknovvledged to me
that fhe same was the act o�F the City of Fort Warth for �he purpose and considera#ion
therein expressed and in the capacity th�rein stated.
GIVEN UNDER MY HAND AND SEAL. �F �FFICE this day of
, A.D. 2Q01.
Natary Public in and far
the State of T�xas
iA��►IV� COUfVCIL ON �4L�OF�OLISI�Y AAlD L7RUC A�IJS�
EXH1�lT �
PR�C�i�Y S�RVI�� ACTIVIiI�S GOI�LS
a Provide motivational co�nseling sessions upan 150 persons
admittance for initial substance abuse patients.
�'ity of �ort l�ort�i, Texas
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DA7E ' REFERENC� NUMBER LOG NAM� PAG�
1116101 **�o� $�� �� 02ABUSE 1 1 of 1
SUB.�ECT CONTRACT W1TH THE TARRANT COUNCIk. ON ALCOHOLISM AND DRUG ABUSE
RECOMMENDATION:-
It Es recommended that the City Counc�l;
1. Author�ze the City Manager to execute a contract with the Tarrant Co�ncil on Alcohofism and Dr�g
Abuse in the amount of $50,000 for the provis�on af substance abuse case management services;
and
2. Authorize the con#ract to b�git� October 1, 2aa�, and expire September 34, 2a02.
DlSCUSSi�N:
,
During the �Y�00��2�02 budget process, tF�e City Gbrincil approved financiai support in the amount of ,:;
$5a,000 for the l�arrant Cauncil an Aicohoiism and Drug Abuse to continue maintainEng and �xpanding ��.
the serv�ces of its case managemeni program. The Tarrant Council on Alcoholism and Drug Abuse �`
�ro�ram s#rives to reduce st�bstance abuse th�augh educ�tion, prevention, and interventian referral
efforts. �
It is prapased that a contract be executed between the City of �ort Worth and the Tarrar�t Council on =F
Alco�alism and Drug Abuse to prov�de the serrrices outlined above. �� '
f�ISCAL INF��MATI�ONlCE{�TIFICAiION: � '- "'s
The �inance Dlrector certifies ihat funds are available in the current operatir�g budget, as appropria#ed, `�'
of #he �eneral �und.
CB:k
Sabmltted for Ci#y Manager's
Off3ce hy:
� FUND 1 ACCOUNT I
� � (to)
6183 �
CENT�R � AMOUNT
CI'�'Y SECRETARY
Charles Bosweli
Originati�ng Department Head:
� �
Charles Bosweil . 61$3 � (from)
GG01 539'l20
Additianal infarmation Cantact:
Bridgette Garrett
8518
0806200 $50,000.00
�
�'rt� �,�'�'��r� �o����, �'�xas
����� �n� ������ ����������a�
nr�Tr -r�����rv�� t���r���r �o� rv�.�� ���� —
�C � �fi�01 **�..� $$� � I �2AL�US� � 1 �f 1
s������' ���Tf�A�T 1N�TH THE TAf�RAfVT �D�J�1�1L ��! AL��H��«M AhiD DF�U� ���5�
RCCOMiv1��I�AI`I�h�:
It Is r��om��nded that tha �ity �o�ncil:
1, A�thari�e �he �iiy A+lanag�r to ex�cute a cor��ract wl�h l�� T��rant �o�r��ll on 1�I��t�ol�sm �nd l�rug
�I�use in ti�� �rr�aunt �f $�0.��� for kh� prc�vis�on of suk�s�an�e �t��se �ase mar����m�n� sarvlce�;
ar�r�
�. �1u�hor��e khc� c�t���rac# #o ��gkn �c#ober �, �0�� , ar�d e�cpire ���ierrrb�r ��, ��p�.
D���U��l�f�;
During th� F`�'��f�1-2b0� budg�t prn��ss, �h� �ik� ��t�ncil app�t��e�i finan�fal ��pp�r# ie� �#�e an�our�t of
���,�00 f�r tF�� 7arf�t�t �vun��l or� l�l�ol�olism ��d Drug �Ibus� to conlin�� n�aint��r�ing and expandi�g
�F�e services a� its case rrranagerx��nt pro�ra�. ihe Tarr�nt �our��il on �ql�:�hal�sm and D�ug Ab�s�
pro�ram �tri►�e� lo re�i��� ��k�st�r��a ��us� th�o�gh e�d�c;akior�, pr�ven���n, and inierv�r�iior� r��orr�l
efforks.
Il �s pr��qsed �ha# � contrac� be �xecutecf betwe�r� �hc� �i�y �f ��rt V�orth and ii�e 7arrank �o�nr,i� on
Aloo�ofis� ar�d Dru� Al�use to provi�� t#�e servicas autlir�c�d abays.
�I��A� I�V��I��r1A�'I�iVI�EI�TiFI��rtI�N:
7`I�� Fin�nce Dir��kor ce�tifies t�at funds �re ava�lable in �he curreni operating �udget, �s ap���o�ri�t�d,
of tfi� ��rr�ra� ��,nd.
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