HomeMy WebLinkAboutContract 28190r �
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STATE OF TEXAS § �I�Y ��������
COLJNTY OF TARRANT § ������'�� �• - � � ' -.-.-
WHEREAS, Alliance for Children pro�ides services in caordinafing area agencies
activities against child abuse; and
WHEREAS, the �ity of Fort Worth desires to contract with Alliance for C�ildren ta
ha�e such services provided which benefit fhe Fort Worth community; and
WHEREAS, All�ance for Childr�n has offered to pro�ide such services to citizens
of the City of Fort Worth;
NOW, THEREFORE, THIS C�NTRACT FURTHER WlTNESSETH:
Tha# for and in consideratior� of the mutual covenants, promises and agreemenfis
contained herein, the City of Fort Worth {"City"), a home-rule municipal corporation
acting by and through Charles R. Boswell, iis duly authorized Assistant City Manager,
and Alliance for Children, {"Contractor") a nonprofit Texas corporation ac#ing �y and
through Nancy Hagen, its duly authori�ed Executive Director, do hereby covenant and
agree as follows:
1.
Contracfor covenants and agrees ta unif� the efforts of public agencies and enlist
cammunity suppork to lessen the trauma of child abuse vict'rms in Far� Workh, such
s�rvices to be provided for a period beginning Octo�er 1, 2002, and ending September
30, 2003.
2.
In consideration of the servic�s to be per�ormed hereunder �y Cantractor, City
pramises and agrees to pay Contrac�or in one ins�allmeni, the sum of Sixty-three
Thousand Nine Hundred and Ninety-eight Dollars ($63,998}. Thirty-eight Thvusand
Nine Hundred and Ninety-eight �ollars ($38,998j will be used to fund a coordinator's
posifiion and Twenty-�five Thousand ($25,OQ0} wiCl be used to defray the ad�ocacy
center's operating expenses.
At the end of each three-month quarter during the term hereofi, Contractor shall
submit a report [Exhibit A] of ifs services rendered during each quarter and be subject to
a review by the City of its services and activities in pe�formance of this contract.
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3.
Either party may cancel this contract upon thirty (30) days' notice in writing to the
other party of such irttent to fierminate. ln the event� of such terminat�on, City shall
reimburse Cantractor for the services performed up to the date of termination.
4.
Contracfior covenants and agrees to fully cooperate with City �n monitoring the
effecti�eness of the services to be performed under this agreement, and City shal! have
access at all reasonable hours to affices and records of Cont�-actor for �he purpose of
such monitoring.
5.
Con�racfor shall operate hereunder as an independent contractar and not as an
officer, agent, servant, or employee of the City af For� Worth. Contractor shall ha�e
exclusi�e control of and the exclusi�e right �o control the details of the services
perFormed hereunder, and all persons perForming same, and shall be solely responsible
for the acts and omissions of its officers, agents, servants, employees, subcontractors
and program �articipan#s. The doctrine of respondeat superior shall nof apply as
between the City and contractor, its officers, agen#s, servan#s, empl�oyees,
subcontractors, or program participants, and nothing herein shal] be construed as
creating a partnership or joint enterprise between City and Contracior. [t is expressly
understood artd agreed that rto officer, agent, employee, or subcontractor af Contractor
is in the paid service of the City of Fort Worth.
6.
City sha[I in na way or under any circumstance be responsible for any proper#y
belonging to Contractar, its officers, agents, employees, or subcontractors or program
participants, which may be lost, stolen, destroyed or in any way damaged; and
Contractor hereby indemnifies and holds harmless the Ci#y, its officers, agents, and
emp�oyees, from and against any and all claims or suits concerning such property.
7.
Contractor co�enants and agrees to indemnify, hold ha�mless and defend, at its
own expense, the City, its officers, agents, serva�ts, and empfoyees, from and against
any and all claims ar suits �or praperty loss or damage andlor p�r���aLi�;��r, i�r��u�ing
death, to any and all persorts of whatsoever kind or characfer, vJk}��.h�r ���� �`�,����t�d,
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arising out of or in connection with the �xecution, perFormance, attempted perFarmance
or nonperformance of �hiS contrac� and agreement, andlor the services performed
hereunder, whether or not cause, in whole or in part, by alleged negligence of officers,
agents, servants, or employees af the Ci#y of Fort Worth; and Contractor here�y
assumes all.liability and responsibility of City, its officers, agents, servants and
employees, for any and all claims ar suits of property loss or damage andlor personal
injury, including death, to any and all persons, of whatsoeve� kind of character, whether
real or asserted, arising out af or in connection with the execution, performance,
attempted andlor the services performed hereunder, whefiher or not cause, in whole or
in part, by alleged �egligence of o�fficers, agents, servants, or employees of City.
In the evenfi it is determined that Contractor has misused, misapplied or
misappropriated all or any par� of the funds pro�ided hereunder, Contractar agrees to
indemnify, hold harmless and clefend the City of Fort Worth, its officers, agents,
servants, and employees, from and against any and all claims or suits resulting from
such misuse, misapplication or misappropriatian.
8.
If Contrac�or, as a charitabke or nonprofit organization, has or claims an immuniiy
or exemption {statutory or otherwise) from and against liability for damage or injury,
including d�ath, to persons or property, Contractor hereby expressly wai�es its rights to
plead defensively such immunity or exemption as against the City.
9.
Contractor shall not assign or subcontract all or any part of its righfis, privileges or
duties under this contract without the prior written eonsent of City, and any afitempted
assignment of subcontract of same without such prior written approval shall be �oid and
constitute a breach of this agreement.
� a.
Contractor, its officers, agents, empEoyees and subcontractors, shafl abide by
and compfy with all laws, federal, state and local, including all ordinances, rules ar�d
regulations of the City of Fort Worth. It is agreed and undersfood that, if City calls fio the
attention of Contractor any such �iolation on the part of Contractor or any of i#s officers,
a�enfis, employees or subcontractors, then Contractar shall immediately desist fram and
correct such violation.
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Contractor, in the execution, performance or attempted performance of this
contract and agreement, will noi discriminate against any person or persons because of
sex, race, religion, color or national origin, nor will Contrac�or permit its officers, agents,
employees, or suhcontractors ta engage in such discrimination.
This agreemenf is made and entered infio with reference specifically to Chapter
17, Article III, Division 3, of the City Code of tf�e City of Fort Wor�h ("Discrimination in
Emplvyment Practices"), and Contractor hereby covenan#s and agrees iha� Contractar,
its agents, employees and subcontractors have fully complied wi�h all pravisions of
same and that no emp�oyees, or employee-applicant has been discriminated against by
either Con#ractor,� its agents, employees ar subcontractars.
12.
Cantractor shall furnish a certificate of insurance as proof fihat it has secured and
paid for a policy of pubGc liability insurance co�ering ali public risks incident to or in
conneciion with the execution, performance, attempted performance or r�onperFormance
of fhis contract an� agreement.
Such amoun#s shall be as follows:
Property damage, per occurrence
Bodily injury or death, per person
$100,000
�z�o,oQo
Bodily injury of death, per accurrence $�00,000
wi�h the understanding and agreement Confrac�or fhat such insurance amounts shall be
revised upward at City's option and the Contractor shall revise such amounts within
thirty (30) days following notice to Contractors of such requirements.
Contractor fur�her agrees that ii sha[I comply with tf�e Worker's Com�ensation
Act of T�xas and shall pravide sufficient compensation insurance to protect Contracfor
and the City of Fart Worth from and against any and all Worker's Compensation elaims
arising from the work and services provided under this contract.
13.
In the event no funds or insufficient funds are appropriated by the City in any
fscal period any payments hereunder, City will notify Consultant of such occurrence
and this Contract shall terminate on the last c�ay of the fiscal period for which
appropriafiions were received without penalty or expense to Ci�y of any kind whatsoever,
except as to the portions of the paymer�ts herein agreed upon tq�- w��ich f��n� ����1
have been appro�riated. _ � �
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14.
This written instrument constitutes the entire agreement, by the parties hereto
concerning the work and services to be perFormed hereunder, and any prior or
contemporaneous, oral or writfien agreement, wh�ch purparts io �ary from fhe terms
hereof shall be void.
�5.
Shauld any actian, whether real or asserted, at law or in equity, arise out of the
execution, perFormance, attempted performance of this confiract and agreement, �enue
for said action shall li� in Tarrant Caunty, Texas.
�N WITNESS WHEREQF, �he parties hereto have executed this agreement in
multiples in Fort Worth, Tarrant County, Texas, this -+ .� �, r� L day of
. � :: �-�. ,� - � , A.D. 2002.
ATT T:
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�Ioria Pear� _
City Secre#ary �
APPROVED AS TO FORM AND LEGALITY:
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Assi n�Attor
Date:
ATTEST:
CITY O� F�RT WORTH
B . �- •
Y
Charles R. Boswell
Assistant City Manager
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Cantract �,ut�axi�t��ion
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�ate
ALLIANCE FOR CHILDREN
By: ! � 1
Nancy Ha� en ���1,��
Exec�ti�e irector � `
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STATE OF TEXAS
COUNTY �F TARRANT
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BEFORE ME, the unde�sign�d authority, a Notary Public in and for the State of
Texas, on this day personally appeared Nancy Hagen, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that the
same was the act of fhe Alliance far Children and that she executed the same as the act
of said A�liance fo� Ch�ldren for the purpose and consideratEon th�rein expressed and in
the capac�ty therein staied.
GIVEN UNDER MY HAND AND SEAL OF OFFiCE this
��(j��'/�,�� � of, A. D. 2002.
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STATE OF TEXAS §
COUNTY OF TARRANT §
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BEFORE ME, the undersigned authorifiy, a�Notary Public in and for the State of
Texas, on this day personally appeared Charles R. Boswell, known to me ta b� the
person whose name is subscr�bed to the foregoing instrumertt and achnawiedged �o me
that the same was the act of the City of Fort Worth for the purpose and consideration
therein expr�ssed and in the capacity therein stated. .
GIVEN UNDER MY HAND AND SEAL OF OFF�CE this �%�day of
� , A.D. 2002.
�� ���
Notary Public in and for
the Stafe af Texas
ALLIANCE FOR CHILDREN
OBJECTTVES & MEASUREMENT PLAN FY �403
Ce�nter Coordinatar
Maintain the Fart Worth A1liance For Children center's child friend�y �nvirorvnent to
ensure that the 1500+ cases of child abuse referred to the professionals housed at the
Center annually are handled wifh the least amount of stress for child victims.
Ensure the rnaintenance of the building (building repairs, pe�t control, plumbing, etc.) for
the safety of tnembers of the Fort Wox�h A1liance For Children team, including the 10
Fort Worth 1'ofice Department staff haused at the center.
During April conduct a child abuse awareness campaign in Fort Worth that educates a
rninimux�r� of 2,O�J0 individuals about ihe issue of child abuse in Fart Warth.
Recruit a minimum flf 100�vo1unieers, danaiing a rninimum o� 640 hours to support
Alliance Far Childrezi's efforts to f ght child abuse in Fort Worth.
Provide a minimum of 15 presentatians annually to students and schoal personnel abaut
how to recagnize, repori aud seel� heip if child abuse is an issue.
Ensure thai a minimurn af 300 fami�ies receive Allzance For Children's Family and
Assistance Guide when they first come to the Center for the inv�stigation of child abuse.
City of'�'o�t Wor�h, T'exas
l��yor �r�d Cau�ci[ Commu��c��ior�
DA7E REFERENCE NUMBER LOG I�AME I PAGE
10122IQ2 **�_9 929� Q2CHILDREN
SllBJECT EXECUTE A CONTRACT ITH .�LL€,�N�E F{�� CH���R�1V
1 of 1
RECDMMENDATfON:
It is reeommended that the City Council au�horize the City Manager to execute a contract with Allianc�
for Children for the period of October 1, 2pD2, through September 30, 2003, for an amount not to
exceed $63,998.
DISCU5510N:
During the �Y2aa2-20�3 �udgei process, the City Counci) appro�ed fiinancial sup�o�t far Alliance for
Children to continue coordinating the efforts of agencies investigatir�g child abuse. T�e budgeted
amount includes $25,000 ta be appli�d toward operating ex�ens�s, a�d $38,998 to support the center
coordinator's salary.
Alliance for Childr�n �xists to �essen the emotional traurna to chifd abuse victims and #o improve the
�ustic� system response to ch�ld a.buse by �niting the efFarts of p�blic agencies and enlisting community
s�pport.
It is proposed that this contract be executed between the City af Fort Wartt� and Alliance for Chi{dren for
the period af October �, 2002, through Septembe� 30, 20Q3, ta provide the se�vices outlit�ed a�ov�.
FISCAL lNFORMATIONICERTIFICATION:
The Finance Directar certifies that funds are availa�le in the current op�rating budget, as apprapriated,
af the Ger�era� Fund.
CB:n
Subm3tted for City Manager's
Ofiice by:
Charles Bosweil
O�-iginating Department Head:
Charies Boswell
Additional Tnformatian Contact:
Charlas Boswell
�urrD � Accouiv�r �
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6183
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CENTER
09Q6240
I AMOUNT C'I1'Y SECR�TA1tY
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� APPROVED 1DI22102
$63,998.00 �