HomeMy WebLinkAboutContract 28192�,
STATE OF TEXAS §
C�UNTY �F TARRANT §
�I'�Y ��CR�'f�l�Y � ; � -
CQN� R�,�:�' � . .___. � __ � .
WHEREAS, Menta� Health and Men�al Retardation of Tarrant County, through
tne Tarrant Yauth Recovery Campus, is dedicated to confronting substance abuse in
Tarrant County by assessing needs, educating the community, mobilizing resources,
promoting collaboration and advocating far sound pubiic policy; and
WHEREAS, the City of Fort Worth desires to contract wfth Mental Health Mentaf
Retardation of Tarrant County, to provide coordination of service agencies, fiscal and
facility management, and coordi�ation of invol�emenf at the Tarrant Youth Recavery
Campus; and
WHEREAS, Mental Health Mental Retardation of Tarrant County, through the
Tarrant Youth Recovery Campus has of�ered to provide such services to citizens of the
City of Fort Warth;
N011V, THEREFORE, THIS CONTRACT FURTHER WITNESSETH:
That for ar�d in consideration of the mutuaf covenants, promises and agreements
contained herein, the City of Fort Wor�h {°City"), a home-rule municipal corporat�on
acting by and thraugh Charles R. Boswell, its duly authorized Assistant City Manager,
and Mental Health Mental Retardatian of Tarrant Goun#y, �"Contractor"} a nonprafit
Susa,� �rt,rne�-� �(Iyie�' O��rct,�'�'nJ
Texas corporation acting by and fhrough �e�ie-H��son its dufy authorized ���iu�.
U� ,�,�c�.r
��;#$�, do hereby covenant and agree as fiollows:
1.
Contractor co�er�ants and agrees to pro�ide alcohol and drug rehabilitative
services to the youth in Fort Wor#h at the Tarrant County Youth Recov�ry Campus
through assessmen#, referral, case management, residential care, day treatment,
outpatient senric�s, and coardination of �ervices, such. services to be provided for a
period beginning October 1, 2002, and ending September30, 2003.
2.
In considerafion of the services to be performed hereunder by Contractor, Gity
promises and agrees to pay Contractor in one installment, a sum of which will not, on an
annual basis, exceed the total of Fifty-one Thousand Dollars ($�1,000).
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At the end of each three-month quarter during th� term hereof, Confractor shall
submit a repart [Exhibit A] of its services rendered during each quarter and be subject to
a re�iew by the City of its services and ac#ivities in performance of fhis contract.
3.
Either party may cancel this contract �apon thirty (30) days' notice in writing to the
other party of such intent to terminate. In the e�ent of such termination, City shall
reimburse Contractor for ihe services performed up to the date of termination.
4.
Contractor co�enanfis and agrees �o fully cooperate with City in monitoring the
effectiveness of ti�e services to be perFarmed under this agreement, and City shall have
access at all reasonable hours tv offices and recards of Cvntractor for the purpose of
such monitorir�g.
�.
Contractor shall operate h�reunder as an independenf contractor and noi as an
officer, agent, servant, or employee vf the City ofi Fort Vllorth. Contrac#or shall have
exclusive confrol of and the exclusive righfi to control the details of the services
perFarmed hereunder, and all persons perForming same, and shall be solely r�spons�ble
for fhe acts and omissions of its officers, agen#s, servants, employees, subcantractors
and program participants. The doctrine of respondeat superior sfi�all noi apply as
between the City and contractor, ifis ofiFicers, agents, serWants, emp�oyees,
sub�antractors, or program participants, and nothing herein shall be construed as
creating a partnership or joint en�erprise between City and Contractor. It is expressly
understaod and agreed that no officer, agent, employee, or s�ubcontractor of Contractor
is in the paid service of the City of Fort Worth.
6.
City shall in no way or under any circumstance be responsible for any property
belonging to Contractor, its officers, agents, employees, or subcon�ractors ar program
participan#s, which may �e ]ost, stolen, destroyed or in any way damaged; and
Contractor hereby indemnifiies and hofds harmless the City, its officers, agents, an�
empfoyees, from and against any and all claims or suits concerning s�ch property.
7.
Contractor covenants and agrees to �ndemnify, hold har��e���and deTen�,� at its
own expense, the City, its officers, agenfis, servants, and empl�y��'�, ��qr�;���.a�ainst
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any and ail claims or suits for property loss ar damage andlor personal injury, including
d�ath, to any and all persons of whatsoever kind or character, whether real or asserted,
arising aut of or in conr�ection with tf�e execution, perFormance, attempted performance
o� nonperFormance of this contract and agreemen�, andlor the services p�rformed
hereunder, whether or not cause, i� whole or in part, by alleged neglig�nce of afficers,
agents, servants, or employees of tl�e City of Far� Wor�h; and Contraetor hereby
assumes a[I liability and responsibility of Cit�, its officers, agents, servants and
employees, for any and all claims or suits of property loss ar damage andlor personal
injury, including death, ta any and all persons, of whatsoe�er kind of character, wheiher
real ar asserted, arising aut of or in connection wi�h the execution, performance,
attempted andlor the services performed hereunder, whether ar not cause, in whole or
in part, by alleged negligence of officers, agents, ser�ants, or employees of City.
In the event �t is determined that Contractor has misused, misapplied or
misappropriated ail or any part of the f�nds provided hereunder, Contracfor agrees to
indemnify, hold harmless and defend 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 misappropriation.
8.
If Contractor, as a charitable or nonprofit organization, has or claims an immuni#y
or exemption (statutory or otherwise} from and against liability for damage or injury,
including deafh, to persons or property, Contracfor hereby expressly waives its rights to
plead defensivefy such immurtity or exemptiort as against the City.
9.
Cantractor shall not assigr� or subcantract all or any part of its rights, privi[eges ar
duties under this contract without the prior written consent af City, and any attempted
assignment of subcantract of same without such prior written approval shall be �aid and
constitute a breach of ti�is agr�ement.
10.
Con�firac#or, its officers, agents, employees and subcontractors, shall abide by
and comply wifh all laws, federal, state and locaf, including all ordinances, rules and
regulations of the City of Fort Wor�h. It is agreed and understood that, if City calls to the
attention of Contractvr any suci� �iolation on t�e part of Contractor aar a,rR,v�:��i i� :��f�����,
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agents, employees or subcontractors, then Contracfor shall immediately desist from and
carrect such violation.
11.
Cvntractor, in the executian, performance ar attempted performance of this
contracf and agreement, will not discriminate agains� any person or persons because of
sex, race, religion, color or nationaf origin, nor will Contractor permi� its officers, agen#s,
emplayees, or subcontractors to engage in such discrimination.
This agreement is made and enfiered into with reference specificalfy �o Chapter
17, Article III, Division 3, of the City Code of the City of Fort Worth {"Discrimination in
Em�loymer�t Practices"}, and Con�ractor hereby covenants and agrees that Contractor,
its agents, employees and subcontrac#ors have fully complied with all pro�isions af
same and that no employees, or employee-appficant has been discriminated against by
either Contractor, its agents, employees or subcontracfors.
12.
Contractor shall furnish a certificate of insurance as praof that ii has secured and
paid for a polEcy of pubfic liability insurance covering all public risks incident to ar in
connecfion with the execution, performance, attempted performance or nonperformance
af this contract and agr�ement.
Such amounts shall be as follows:
Praperty damage, per occurrence $�00,000
Bodily injury or death, per person $250,OD0
Bodi{y injury of dea�h, per occ�rrence $50Q,OD0
wiih the understanding and agreemenf Contractor that such insurance amounfs shall be
re�ised upward afi Cifiy's opfiion and the Contractor shall re�ise such amounts within
thirty (�0) days following notice to Contractors af such requirements.
Contraetor further agrees that it shall comply with the Worker's Compensation
Act of Texas and sha11 provide sufFicient compensation insurance to protect Contractor
and the City of Fort Worth f�'om and against any and all Worker's Compensation elaims
arising from the work and services pro�ided under this contract.
13.
In the e�ent no funds or insufficient funds are apprapriated by the City in any
fiscal period any payments hereunder, City will notify Consultani �� .�uacr� o�c.urx�nce
and this Contract shall fierminate on the last day of the fis�a� �����►� �`� au��c�i
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appropriations were received without penalty or expense to Cifiy of any kind whatsoever,
except as to t�e portions of the payments herein agreed upon for which funds shall
ha�e been apprapriated.
14,
This written instrument canstitutes the entire agreement by the parties hereto
concerning the work and services to be perFormed hereunder, and any prior or
contemporaneous, oral or written agreement, ,which purports to vary from the terms
hereof shall be void.
15.
Should any ac#ion, whether real or asserted, at law or in equity, arise out of the
execution, perFormance, attempted performance of this contract and agreement, �enue
for said actinn shall lie in Tarrant County, Texas.
IN WITNESS WHEREOF, �he parties hereto have executed fhis agreement in
muliiples in Fort Worth, Tarrant County, Texas, this
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ATTF�ST:
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Glbria Pears � � �
City Secreta r�y
APP OVED AS TO FORM AND LEGALITY:
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Assist f City� Attorney
Da�e:
ATTEST:
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'�'� m P�';'�: NoKA7l�Puhl c, Stale nf7eMas
�•` ' Commisslon
'�` `�f"� � MAY 27, 2A0�5 ��
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"'��" dayof
r y � �
CITY OF FORT W�RTH
By: �. .
Charles R. Boswe[I
Assistant City Manager
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MENTAL HEALTH MENTAL
RETARDATION OF TARRANT
COUNTY �
By: ��
3C�ii- rJU SR n� �'-r _ " -.,Y,.�
E'3f�L�G�I •��Ci�i�� l- i� I c Y � f';. , K, '»�
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STATE OF TEXAS §
COLJNTY O� TARRANT § . ,
BEFORE ME the undersi ned authorit a Nota Pubh'c ir� and for the State of
' g sus�,y'��Y,���{--�
Texas, on fhis day personally appeared , known to me ta be the person
whose name is subscribed to �he foregoing instrument and acknowledged to me t�at the
same was the act of Mental Health Mental Retardation ofi Tarrant County and that she
executed the same as the act of said Mental Health Menfial Retardation of Tarranf
County for the purpose and consideratian t�ereir� expressed and in the capacity therein
stated.
,
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 day of
�+� ��{�,�Q�A. D. 2002.
r��;�.�'��`".�- - - __ . ���
���... ,. lG47RINAP�p,CA�K
��� hotary Pu6&g 5tate aiTe� _
��o;,�:� "`y;�Y2 �� � Notary Public in and far
'`�`"�"��' � � � - • the State af Texas
STATE QF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned aut�ority, a Notary Public in and for the Sfafe af
Texas, on this day personally appeared Charles R. Boswelf, known to me to be the
person whose name is su�scribed to the foregoing ins�rument and acf�nowledged to me
that fhe same was the act �f the City of �ort Worth for the purpose and consideration
therein expressed and in fhe capacity fherein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE fhis v�i�day of
� , A.D. 2002.
a��`.�p� RQSELLA BARNES �a��°� ��
,�: �'�* NaTARYPUBLIC Nota Public in and for
�N����P �tate oi Texas �
'��;�� �c��,. �x�, os-3�-200� the State of T�xas
14��f�i�L HE�LiH M�P17'�L R�T�F�C�AiION OF iARFdAR�T �OUNTY
iAF�V�ANi YO�1TH R�C�V�RY C�II�I�US
�J�hl�i� A
��O�I�fV� S�Rl�IC� �CTIVITIES ���LS
o Provide drug and alcohol rehabilitationlcounseling 2D4 Fort Worth
services to the children. children
�iiy of Fort �''o�th, ,T'exas
M�yo.r �r�d Counci[ Corr�n-�ur��c�-�ia�
DAT� REF�RENCE NUMBER LOG NAM� PAG�
10/22/02 **�Q19301 02MENTAL I 1 of 1
SllSJECT EXECUTE A CONTRACT lTH THE h,��E�fT�L !-�ALT#� hR��ITAL E�TAF��}�1�i�i� O�F
Tl�F�RAf�T ��I�NTY FOR THE YOIJTH RECOVERY CAMPIlS
RECOMMENDATION:
It is recommended that ihe City Council autharize the City Manager to execute a cantraci with Menta!
Hea[th Mental Re�ardation of Tarrant Cour�ty (MHMRTC) for an amount not to exceed $51,000.
DkSGIJSSION:
The FY2DQ2-2a�3 adopted budget, includes financial support, in the arnount of $51,aoo, for the Tarrant
Youth Reco�ery Cam�us to continue providir�g adolescent drug and afcohol reha6ilitation services for
the children of �art Worth and Tarrant County.
The Tarrant Youth Recovery Campus serves as a"one stop shap" far teenagers who are suffering wifih
the probl�ms of drug or alcohol abuse. Services provided at the campus consist of assessmen�,
referra[ and case management, residential care, day treatment, and outpatient services far afflicied
teenagers.
In past years, fiscaf oversight alang wif� coordinatian of ser�ices at the campus, was the responsibility
of Tarrant County ChalEenge, lnc. Howe�er, changes in management at the sta#e lev�l, from which the
campus receives a portion of its funding, forced a rearganization of the responsibilities at the campus.
[n order to coniinue th� state fundir�g, MHMRTC took over managament of the camp�s, thus reducing
the role of Tarran# County Challenge, Inc, to that af spokespersan and fund-raiser for the campus.
It is prvposed that this contract be �x�cuied batween the City af Fort Worth and MHMRTC for tne
perio� of October 1, 20a2, through September 30, 20Q3, #o provide the services autlined above.
FISCAL INFORMATIONICERTIF'ICATiON:
The Finance Director certifies that #u�ds are available in the current operating budget, as apprvpriat�d,
o# the General Fund.
CB:n
Submiited for City Manager's
OffiCe by:
Charles Baswell
Originating Department Head:
Cliarles Boswell
Additional Information Contact:
Ct�arles BosweIl
�rrrrn j AccouNT �
(to)
6183
S 183 (from}
GGO'f 53912D
G183
CENT�R I AMOi1NT
- —1
0906200
$51,OOQ.00
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CITY SECRETARY
APPROVED 10122IO2