HomeMy WebLinkAboutContract 28196, , i .
STATE OF TEXAS §
CI � Y �����/4R1� ,
COUNTY OF TARRANT. � �ON��q�� ��_ v � r�_-,_
� WHEREAS, the Women's Haven of Tarrant County, [nc. pro�ides secure
transitiohal accommodatior�s for victims of intrafamiliaf violence; and
V1IHEREAS, the City of Fort Worth des�res to coniract with Wamen's Hauen of
Tarran� Counfiy, Inc., �o provide sucF� accommodafiions to, and serve as a refuge for,
Fort Worth residenfs who are victims of intrafamilial violence; and
VIIHEREAS, the Womer�'s Haven of Tarrant County, Inc. has offered to provide
such services to cifizens of the City of Fort Wor�h;
NOW, THEREFORE, TH1S CONTRACT FURTHER WITNESSETH:
That for ar�d ir� consideration of the mutual covenants, promis�s and agreements
contained herein, the City of Fort Worth ("City"), a home-rule municipal corporation
acting by and through Charl�s R. Boswell, its duly autharized Assistant City Manager,
and the Women's Ha�en of Tarrant County, Inc., ("Contractor"} a nonprofit Texas
corporation acting by and through' Sharon Marshall, it5 duly autF�orized Executive
Director, do hereby covenanf and agree as follows:
'I .
Contractor covenants anc! agrees to provide shelter for battered women and �heir
children along with emergency transportafion, lega[ ad�ice, and childcare, such services
to be provided far a period beginning October 1, 2Q02, and ending September 30, 20D3.
2.
In consi�eration of fhe services to be pertormed hereunder by Cankractor, City
promises and agrees to pay Confiractor in twelve (12) monthly installments, a sum which
will not, on an annual basis, exceed the total ofi Ninety Thousand Dollars ($90,000}.
Af the end at each three-month quarker during fihe ierm hereaf, Cantractor shafl
submit a report [ExE�ibit A] of its services rendered during each quarter and be subject to
a re�iew by the City o�f it� services and activities in perFormance of fhis contract.
3.
EitF�er par�y may cancel this contract upon fiY�irty (30) days' notice in r.vriting to �he
other party of such intent #o terminafe. In tf�e event of such termination, City shalf
reimburse Confractor for the services performed up to t�e date of terrr�r���i�r,,.;; ;���r:'����•�,
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4.
Contrac�or co�enants ar�d agrees to fully cooperate with Ci�y in manitoring the
effectiveness of �he services to be performed under this agreement, and Cify shall have
access af all reasonabl� hours to ofFEces and recor�s af Canfractor far the purpose of
such monitoring. .
,�
,
Contractor shall aperate hereunder as an independent contractar ar�d not as an
ofFicer, agent, servant, or employee of fihe City of Fort Worth, Cantractor shall have
excl�sive contr�ol of and the exclusive right to control the details of the services
pertormed hereunder, and ail persons perForming same, and shall b� solely responsible
for the acts and omissians of its officers, agents, servar�ts, empfoy�es, subcontractors
and program participants. The doctrine of respondeat s❑perior shall not apply as
between the City and contractor, its officers, agents, servan�s, employees,
subcontractors, or pragram participants, and nothing herein shall be construed as
creafing a partnership or joint enterprise between Ci#y and Contractor. It is expressly
understood and agr�ed that no officer, agent, employee, or subcontractor of Confractor
is in the paid service af fhe City of Fort Worth.
C�
City shall in no way or under any circumstance be responsible for any property
belonging #o Contractor, its officers, ager�ts, employ�es, or subcontractors or prvgram
participants, whicf� may be lost, stolen, destroyed or in any way damaged; and
Contractor hereby ir�demnifies and holds harmless #he City, its officers, agenfs, a�d
employ�es, from and against any and all c�aims or suits concerning such property.
T.
Contracior co�enants and agrees to indemr�ify, f�old harmless and defend, at ifs
own expense, tf�e City, i#s officers, agen�s, servants, and employees, from and against
any and all cEaims or sui�s for praperky loss or damage andlor personal injury, inc�uding
death, to ar�y and all persons of w�atsoever k�nd or character, whether rea� or asser�ed,
arising out of or in connection with the executian, pertarmance, attempted perFormance
or nonperForma�ce of this con�ract and agreemer�t, andlor the s�rvices performed
hereunder, wnether or no# cause, in whole or in part, by alleged r�eclligence of ofFicers,
agents, s�ervants, or employees of the City of Fort Worth; �r��: '�;�;�'�pq��,,i �#�����y
assumes al! iiabilifiy and responsibility of City, its officers, a��r�t�, ��rv��i�;� �d
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employees, for any and a!I claims or sui�s of property foss or damage andlvr personal
injury, incfuding death, to any and all persor�s, of whatsoe�er kind of character, whether
rea[ or asserted, arising out of or in connecfion with the exeeution, performance,
attempfied and/or the services performed hereunder, whether or not cause, in w�ale or
in part, by alleged neglig�nce of ofFicers, agenfs, servants, or employe�s of City.
In the event it is determined thaf Con#ractor has misused, misapplied or
misa�propriated all or any part of the fun�s pro�ided hereunder, Contractor agrees to
irtdemnify, hold harmless and defend tf�e City of Fart Worth, ifs offic�rs, agents,
servants, and employees, from anc! againsf any and all cfaims o� suits resulting from
such misuse, misapplicatian or misappropriation.
� 8.
If Contracfior, as a charifable or nonprofit organizatian, has or claims an immunity
ar exemption {statutory or atherwise) from and against liability for damage o� injury,
including death, #o persons or prop�rty, Contractor hereby expressly waives its rights to
plead defensively such immunity or exemption as against the� City.
9.
Contracfor shall not assign or subcontract aEl ar ar�y �art of its rights, privileges or
duties under this corttract without the prior wrii�en consert� of City, and any attempfed
� assignment of subcontract of same without such prior written approval shall be void and
constitute a�reach of this agreement.
�a.
Contractor, its offcers, agenfs, employees ar�d subcontractors, shalf abide by
and camply with all iaws, federal, state and local, including all ordinances, rules and
regulations of fhe Ciiy of Fort Worth. It is agreed and understood that, if City calls to th�
attention af Confracfor any such �iolation on the �art of Contractor or any of its officers,
agen#s, employees or s��contracfors, then Contractor s�all immediately desisf from and
correct such �iola#ion.
11.
Contractor, in �he execution, performanc� or attempted performance of �his
contract and agreement, will not discrimirtate against any p�rson ot- persons because of
sex, race, religion, calor or national origin, nor will Contractor permit +is flffice+�;� �����.s,
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emplay�es, or subconfiractors ta engage in s�ch discrimination. �,'��_;���
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This agreemenf is made and entered into with reference specifically to Chapter
17, Ar�icle III, Division 3, af fhe City Code of �ne City of Fort Worth ("�iscriminafion in
Employment Practices"), and Contractor hereby covenants and agrees that Contracfor,
ifs agen�s, employees and subco�tractors have fully campfied with all provisions ofi
same and iF�at no �mployees, or employe�-appficant has be�n discriminated against by
either Confracfor, its agents, �mp�oyees or subcontracfors.
12.
Contracior shall furnish a certificate of insurance as proof #hat it has s�cured and
paid for a policy of public liabilify insurance covering all pu��ic risks incid�nt fo or in
connection with the execufion, performance, attempted perfarmance or nonperformance
of this con�rac# and agreement.
� Such amounts shal! be as folfows:
Property damage, per occurrence $100,000 �
Bodi�y injury or death, �er person $250,000
Bodify injury of death, per occurrence $5D0,000
with the understanding and agreemer�# Contractor �hat such insurar�ce amo�nts shall be
revised upward at City's aption and t#�e Contractor shall revise such amounts within
�hirty (30) days following notice #o Contractors of such requiremenfise �
Cantractor further agrees tha# it shall comply with the Worker's Compensation
Act of Texas and shall provide sufficient compensation insurance to protect Contractor
and #h� City of Fort Worth �rom and against any and alf Worker's Compensafion c�aims
arising from �he work and services provided under this confiract.
� �.
�n the evenf no funds or insufficient funds are a�propriate�d by the City in any
fiscal period any payments hereunder, City wi11 notify Consultant of such occurrence
and fhis Contract shall terminate on the last day of the fiscal period �or which
appropriations were received without penalty or expense to City of any kind whatsoever,
except as to �he portions of the pa.yments herein agreed upon for which funds shall
have been appropriaie�.
14.
This written instrumenf constitutes the entire agreement b�� #�i� �r�i�� ����� �
concernEng the work ar�d services to be perFormed hereunder,, �;r�� .�� �.�r���r <�r
, . � �
contemporaneous, orai ar written agreement, which purports to vary firom the terms
hereof shall be voicl.
15.
Should any action, whEther real or asserted, at law or in equity, arise ouf of the
execution, performance, at�empted perFormance of fhis contract and agre�m�nt, venue
far said ac�ion shall lie in Tarrant Counfy, Texas. �
IN WITNESS WHEREOF, the parties hereto ha�e execufied this agreement in
multiples in F�r� Worth, Tarrant County, Texas, this �ay of
' . _ - , A. D. 2002.
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ATT�T:
1 - f�r -
_ �!�'
C3f[oria Pearsdn �
Cify Secret�ry
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY: ��
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�� Cont�act Aut?rio�si���iA�1
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Assisf`afit City Attorney� �_ � _—�._._,I-.-�..._- . - _ .-- � _
Date
Date:
ATTEST:
t'D (Z� � a 7�
�Y �� �
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WOMEN'S HAVEN OF
TARRANT COUNTY, INC.
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Sharon Marshall
Executive Direc�or
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CITY OF FORT W�RTH
. BYF � • I
Charles R. Boswell
STATE O� TEXAS
COUNTY OF TARRANT
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BEFORE ME, the undersigned authority, a Notary Public in and for fhe State of
Texas, on th�s day p�rsanally appeared Sharon Marshall, known to me fa be the perso�
whose name is subscribed to the foregoing instrument and acknowled�ed to me that fihe
sarne was fihe act af the Women's Haven of Tarrant Counfy, Inc. and thaf she execufed
the same as the act of said Women`s Haven of Tarranf Gounty, Inc. for fhe purpose and
considerafion therein expressed artd in the capacity tY�ereEn stated.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this
rf �-�a1�c� , A.D. 2002.
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�'�,'?; � .: MY CONEM �XP. OZ-O�-Z�
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STATE OF TEXAS §
COUNTY OF TARRANT §
��—r��.'✓
Notary Public in and for
the State of Texas
�ay of
BEFORE ME, the undersigned a�thorfty, a Notary Public in and for the State of
Texas, on this day personally appeared Charles R. Bnswell, known to me to be the
person whose name is subscribed ta the foregoing instrument and acknowledged to me
thaf the same was the act of the.City of Fort Worth for the purpose and consideration
therein expressed and in the capacity fherein s�ated.
GIVEN UNDER MY HAND AND SEAL OF O�FfCE t�is /� � day of
I ��rv�� , A.D. 20Q2.
�zo��': ��. ROSELLABARNES //��`" /��
����s NOTARYPUSLIC Notary Public in and for
��P 5tate of Texas the State of Texas
��".:�Comm. Exp. 03-31-2005
�`ity o��ort �o�th, fiexas
f�ayar a�d Cour�cil Corr�munic���on
aATE REFEREPIC� NUMB�I� LOG NAME PAG�
1 Q/22IO2 **��� 9306 02HAVEN
SUBJECT �XECl1TE A CONTRACT 1TH V�lD�i'� FfAV�I ��I��R�1�V� �QU�iTY
RECOMMENDATION:
1 of 1
It is recommended that th� City Council authorize the Gity Manager to execute a contract with Wamen's
Haven of Tarrant County, for an amaunt not to �xceed $90,oao, for the provision af services to the
citizens af Fort Worth.
DISCUS510N:
During the FY2�02-2003 budgefi process, the City� Cauncil appraved f�nancial support, in the amount of
$90,a00, for Women's Haven of Tarrant County ta continue pro�iding emergency temporary shefter and
support services to bat�ered or abused women and childr�n. The shelter is ap�n 24 hours a day, 7
days a we�k, and provides emergency transportatian, �egal advice, a�d childcare.
It is proposed that this con#ract be executed between the City of Fort Worth and Women's Haven of
Tarrant Caunty for the period of Octaber 1, 2002, through 5eptember 3Q, 2003, to pravide the services
autlined abo�e.
F15CAL INFORMATION/CERTIFICATION:
The F'inance ❑irector certifies that funds are available in the current o�eratin� budget, as apprapriated,
of the General F�nd. �
CB:n
Suhmitted for City Manager's
Office by:
Cnaries Boswell
Orig➢nating Department Head:
Charles Boswell
Additional Infarmation Contact:
Charles Boswell
I �'UI�1D , ACCQUNT
i (to)
61$3
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6183 I (from)
� GG01 539120
�iss �
CEN'Y'ER
0906200
AMOUNT I CI'I`Y SECRE'TARY
1
1
1
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� APPROVED L0/22/02
$90,OOOAD �
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