HomeMy WebLinkAboutContract 28237STATE OF TEXAS § ClTY �f�CRET�€�� -
�C�NiRACT �� � �. .t 1 _+ !
COUNTY OF TARRANT § •
WHEREAS, the Tarran� Council on Alcoholism and Drug Abuse provides youfih,
ages 5 ta 17, substance and afcohol abuse intervention and pre�ention programs; and
WHEREAS, the City of Fort Vllarth desires to contract with Tarrant Counci! on
Alcaholism and Drug Abuse, to provide such interventian and pre�ention programs; and
WHEREAS, the Tarrant Courtcil on Alcoholism artd Drug Abuse has offered to
provic�e such services fo citizens af the City of Fort Wor�h;
NOW, THEREFORE, THIS CONTRACT FURTHER WITNESSETH:
Thaf for ar�d in consideration of the mutual ca�enants, promises and agreements
contair�ed herein, the City of Fort Worth ("City"}, a home-rule municipal corporation
acting by and through Charles R. Boswell, i#s duly authorized Assistant City Manager,
and the Tarrant Council on Alcoholism and Drug Abuse, ("Cantractar") a nonpro#it
Texas corporation acting by and through Erik Neidermayer, i�s du[y authorized
Executive Director, do hereby covenant a�d agree as follows:
1.
Contractor covenants and agrees to provide the youth of Fort Worth, ages 5 to
17 years old, alcohol arid substance abuse intervention and pre�enfiion programs, and
suc� services to be prouided for a period beginning October 1, 2002, and ending
September 30, 20Q3.
2.
In consideration of th� services to be performed hereunder by Contractor, Ciiy
promises and agrees to pay Con�ractor in fwelve (12) monthly installments, a sum of
which w�ll not, on an annuaf basis, exceed the iotal of Fifty Thousand Doilars {$50,000}.
At fihe end of each three-month quarter during the term hereof, Contractor shall
submit a report [Exhibit A] of its services rendered during each quarter and be subject to
a re�iew by the City of its senrices and acti�ities ir� performance of this contract.
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3.
Eifiher party may cancel this contract upan thirty (30) days' notice in writing ta the
other party of such intent to terminate. In the e�ent of such termination, City shall
reimburse Contraetor for the services perFormed up to the da�e ofi termination.
4.
Contractor covenants and agrees to fully cooperate with City in monitor�ng the
effectiveness of fhe servic�s ta be perform�d under this agreement, and City sha[I ha�e
access at all reasonable hours to offices and records of Contractor for the purpose of
such monitoring.
5.
Contractor shall o�erate hereunder as an inciependent contractor and not as an
officer, agen�, servar�#, or employee of the Ci�y of For� Warth. Contractor shalf have
exclusi�e control of and the exelusive rig�t to control the details of the services
perForrrted hereunder, and all persons performing same, and shall be solefy responsible
for the acts and �missions of its officers, agents, servants, employees, subcontracfiors
and program participants. The doctrine of respondeat superior shall not apply as
between the City a�d contractor, its officers, agents, �ervants, employees,
subcontractors, or program participants, and rtothing herein shall be constr�aed as
creating a partnership or joi�t enterprise between City and Con�ractor. It is expressly
understood and agrsed that no officer, agent, employee, or subcontracfor of Gontractor
is in the paid service of the City af Fort Worth.
6.
City shall in nv way ar under any circumstance b� responsible far any prop�rty
belonging fo Contractor, its officers, agents, emplayees, or subcon�ractors ar program
participants, which may be lost, stolen, destroyed or in any way damaged; and
Contractor hereby indemnifies and holds harmless the City, its o�fieers, agents, and
employees, from and against any and all claims or suits concerning such property.
7.
Cantractor ca�enants and agrees ta indemnify, hald harmless and defend, af its
own expense, the City, its officers, agents, servan�s, and employees, from and against
any and all ciaims or suits for property loss or damage andlor personal injury, including
death, to any and all persans of whatsoever kind or character, whether real or asserted,
arising out of or in connection with the execution, performance, attempted p�rFormance
, .
or nanperformance of this contract and agreement, andl�or fihe services performed
hereunder, whether ar not cause, in whole or in par�, by alleged negligenc� af ofFicers,
agents, servants, or employees of the City of Fort Worth; and Contracfor hereby
assumes all liability and respon.sibility of City, its offic�rs, agents, servants and
employees, for any and all claims or suits of property loss or damage andlor personal
injury, including death, to any and all persons, af whatsoever kir�d of character, whether
real or asser�ed, arising out of or in connectio� with ihe execut�on, performance,
attempted andlor the services performed hereunder, whether or not cause, in whole or
in part, by alleged negligence of officers, agents, servan�s, or employees of City.
In the event it is determined that Contractor has misused, misapp{ied or
misappropriated all or any part of the funds provided hereunder, Contractor agrees to
indemnify, hold harmless and defend the City of �ort 11Vorth, its officers, agents,
servants, and employees, from and against any and all claims or suits resulting from
such misus�, misapplication or misappropriation.
8.
[f Con�ractor, as a charitable or nonprofif organization, has or claims an �mmunity
ar exemption (statutory ar otherwise} firam and against liability for damage or injury,
inciuding death, to persons or property, Contractor hereby expressly warves its rights to
plead defensively such immunity ar ex�mption as against the City.
9.
Con�ractor shall not assign or subcontraci all or any part of its rights, privileges or
du#ies under this contract without the prior written consent of City, and any attempted
assignment of subcontract of same without such prior written approval shall be �oid and
constitufe a breach ofi this agreement.
10.
Contracto�, its off�cers, agents, employees and subcontractors, shall abide by
and comply with all laws, federal, state and loeal, including all ordinances, rules and
regulations of the City of Fort Worth. It is agreed and understoad that, if City calls to the
attention of Contraetor any such Wiolation or� the part of Contractor or any of its officers,
agents, employees or subcontractors, then Confractor shall immediafely desist from and
carrect such violation.
11.
Contractor, in �he execution, performance or attempted performance of this
contract and agreement, will not discriminate against any person o� persons because of
sex, race, religion, color or national origin, nor will Contractor permit its officers, agents,
employees, or subcon�ractors to engage in sueh discrimination.
This agreemen# is made and entered into with r�ference specifically to Chapter
� 7, Article 111, Division 3, of the City Code of the City of For� Worth ("Discriminafion in
Employment Practices"), and Contractor hereby co�enants and agrees that Contrac#or,
its agents, employees and subcontractors have fuliy complied with all provisions of
same and that no employees, or employee-applicant has been discriminat�d against by
either Contractor, its agents, employees ar subcontractors.
12.
Contractor shall furnish a certificate of insurance as proof that it has secured and
paid for a policy of public liability insurance co�ering all public risks incident to or in
conneciion wi�h the execution, perFormance, attempted performance or nonperformance
of this contract a�d agreement.
Such amounts shall be as follows:
Property damage, per oecurrence $100,000
Bodily injury or death, per person $250,000
Bodily injury of deafh, per occurrence $500,000
with the understanding and agreement Contractor �hat such insurance amoun�s shall be
revised upward at City's option and the Contractor shall revise such amounts within
thi�ty (30) days following notice to Contractors of such requirements.
Contractor further agrees �hat it shall comply with the Worker's Compensation
Act o� Texas and shall pravide sufficient compensation insurance to protect Con�rac�or
and the City of Fort War�h from and agains# any and all Worker's Compensat9on claims
arising from the work and services provided under �his cantract.
13.
]n ihe event rto funds or insufficient funds are appropriated by the City in any
fiscal period any payments hereunder, City will notify Consu�tant of such occurrence
and fihis Contract shall terminate on the last day of the fiseal perio� for wh�ch
appropriations were recei�ed without penalty or expense to City of any k�nd wl�atsoever,
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excepf as fio fihe portions of fihe payments herein agreed upan for which funds shall
ha�e been appropriated.
14.
This written instrument constitutes ihe entire agreement by #he par�ies hereto
concerning the work and services to be performed hereurtder, and any prior or
contemporaneous, oral or written agreement, which purports to �ary from the terms
hereofi shall be void.
15.
Sho�ld any action, whether real or asserted, at law or in equity, arise out of the
execufion, performance, attempted perfarmance af this contract and agreement, venue
for said action shall lie in Tarrant County, T�xas.
IN WITNESS WHEREOF, the parties hereto ha�e executed this agreement in
multiples in Fart Wo�th, Tarrant County, Texas, this ;� � -� day of
l �� _ _��u_j , A.D. 20Q2.
ATT ST:
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loria ear
City Seeret r�y
CITY OF FORT WORTH
BY= C�&. �? ��-�-�
Charles R. Boswell
Assistant CEty Manager
APPRQVED AS TO FORM AND LEGs4LITY:
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Assisi�arit City Aftorney `
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r.ani:ract Auth�xi����,oa�
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Date: ����f o7/
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ATTEST:
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TARRANT COUNCIL ON
ALCOHOLISM AND DRUG ABUSE
By: �/
Eril�JVeidermaye�
Execu#ive Director
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STATE OF TEXAS
C�UNTY OF TARRANT
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BEFORE ME, the undersigned authority, a otary Public in and for the State of
Texas, on this day personally appeared Eri eidermayer, known to me �o be the
persor� whose name is subscribed to th� foregoing instrument and acknowledged to me
that the same was the act of the Tarrant Council on Alcoholism and Drug Abuse and
that she executed #he same as the act of said Tarrant Council on Alcoholism artd Drug
Abuse for the purpose and consideration therein expressed and in the capac�ty therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this %��'' day of
j�p�}�� ��.�, , A.D. 2002.
' ';�,;; , .,. . ,
���`*Rr►'u's�a . JU�Y'!a. MC��NNIL�
3�°�'` *-'�
;' NotOry PubliC, Stete of Sexas
� s i.; My Commission Expires
'`�;N o� �;�';�' July 03, 2QD5
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STATE OF TEXAS §
COUNTY OF TARRANT §
A �� ����
ary �blic in and for
tf�e 5tafie of Texas
BEFORE ME, the undersigned authority, a Notary Pu�lic in and for the State of
Texas, o� tE�is day personally appeared C�arles R. Boswell, known to me to be fhe
person whose r�ame is subscribed to the foregoing instrument and ac�nowledged to me
that the same was the act of �he Ciijr of Fo�k Worth for the purpose and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this .�h � day of
������ , A.D. 2Q02.
p��M:° � ROSE�[A BARN�'S J�,��...r
2r� �O� l�lOiARYPUBLlC
������1 State of Texas Notary Public in and for
'�,oF.,„�.�Comm. EXp, p3_31-2005 the State of Texas
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i�oRF�aRli CO�IfVCI�, Bi16 A.�C�W��I�N� A.[V9 ���J� A�LaSE
��Hl�l� �►
�RB�RAfVIY S�R�►ICE AC�'llllil�� (�OA�S
• Percentage of children completing 8 of 10-week 6�%
group showing an increase in decision
mak�nglassertive skilis.
Percentage of children completing 8 of 10-wee�C 60%
group shawing an increase in self-contral.
G'aty of'�'ort T�o�ih, T'e�cac�
�y�� ��� ������� �������������
�ATE REFE',R�NCE Nl1M6ER LOG NAME PAG�
10/22/02 �`�`C�19297 02ALC�HOL 1 of 2
_
suB��cT EXECUTE A CONTRACT W�TH THE TARRANT COUNCIL ON ALCOHOLISM AND
DRUG ABUSE
RECO�IMEN�ATION:
It is recommended that the City Counci! autharize the City Manager to execute a contract with the
Tarrant Council an Alcohofism and Drug Abuse, for an amount not to exceed $5D,000, for youth alcaho{
and substance abuse preventianlintervention prog�ams.
D{SCUSSION:
Dur�ng the FY2002-2003 budget process, the City Council approved �nancial �upport, in the amour�t of
$50,aoa, f�r the Tarrant Courtcil on Alcoholism and Drug Abuse to aid in the organization's or�-going
effort to pre�ent youth alcoholism and substance abuse thraugh the Sunshin� Club and the Ground
Zero prevention and intervention programs.
The 5unshine Club is a drug and alcohol preventian program that has served youth in Fart Worth far
more than 15 years. It utilizes a curriculum that is nationally recogr�ized as a best practice model
pragram. This program targets children of substance abusers and ather high-ris�C youth ages 5 to 12.
The pr�gram also focuses on a �arEety of topics over a ten-wee4t period including self-esteem, decision-
makEng, goals, c�emicaf dependency, changes, feelings, and famii�r dynamics.
Ground Zero is an intervention program that has been in existence since 1996. It uses a curriculum
which has been recognized by the Office of Substance Abuse Pre�ention as one of the twenty
exemplary prevention programs. This program targe#s youth ages 12 to 17, wha ha�e exhibited high
risk factors suc� as repeated failure in school, being the child of a substance abuser, coming from a
ecanomically disadvan�aged home, having committed �iolent ar delinquent acts, gang in�alvement,
abusing alcohol or other drugs, or ha�ing been physically, psychologically, or sexually abused. This
program teaches alcohol, tobacco, and a#her drug prevention refusal skills, personal respansibility, and
communication skills.
It is praposed that this contract be executed between the City of Fort Worth and the Tarr�nt Council o�
Alcoholism and Drug Abuse for the period of October 1, 2002, through September 30, 2�03, to provide
the services autlined above, ,
C'ity of Fo� �o�h9 T"exa�
a��� �nd �,�u�n��l ������������n
DATE REFERENC� NUMB�R LOG NAME PAGE
10/22/02 �*�_���g� 02f�LCOHOL 2 nf 2
suB��c`r EXECUTE A CONTRACT WITH THE TARRANT COUNCIL ON ALC�H�LISM AN❑
DRUG ABUSE �
FfSCAL INFORMATIONICERTIFICATI�N:
The Finance Director certifies that funds are a�ailabfe in th� current operating budget, as appropriated,
of the General Fund.
CB:n
SuhmiEted for City Manager's
Dft"ice by:
Charles Baswell
OriginaEing Department Head:
Charles ]3oswe1l
Additional In%rmatiop Cont$c�:
Charles BnsweIl
I"FUND I ACCOUNT I CENTER
� ���
�
6183 I
AMOUNT
CITY SECRETARY
�
6183 I (from)
I GGQ1
�
6I83 �
539120 0906200
$50, 000.00 I
�
�
�'ity of'Fo�i �orth, T'exas
M�yar ��d Cour�cil Commu�ic��io�
bATE R�FER�NG� NUMB�R
10122Io2 **�-�19297
SUBJECT EXECUTE A CONTRACT
€�RU� ASU�E
RECOMMENDATION:
I.OG NAME
W[TH THE TAftRANT ��UfV�1L �N AiL�OHO�f�P�i �ti��
Q2ALCOHOL
PAGE
1 of 2
It is recamm�nd�d that the City Council authorize the City Manager to execu#� a cantract with the
Tarrant Cour�cil on Alcohalism and Drug Abuse, for an amo�anf nat to exceed $50,a00, far youth alcohol
and su�stance abuse pre�entionlintervention programs.
DISCUSSI�N:
During tHe FY2Q02-2003 bu�get process, the City Councif approved finanaial support, in the amount of
$50,Q0�, for ihe Tarrant Councif an Alcaholism and Dr�g Abuse to aid in fhe arganization's on�going
effort ta preven# you�h alcohalism and substanc� abuse ti�rough the 5unshine Club and the Ground
Zero pre�ention and intervent�on programs. �
The Suns�ine Clu� is a drUg and alcof�al prevention program that has serrred youth in Fort Worth for
more than 15 years. It utilizes a curriculum that is national{y recognized as a best practice model
program. This �rogram targets children of s�bstance abusers and ofher high-risk youth ages 5 ta 12.
The �rogram also focuses on a variety af topics o�er a ten-week period including self esieem, decision-
making, goals, ehemical dependency, ci�anges, feelings, and family dynamics.
Ground Zero is an intervention program that has been in existenca since 199fi. It uses a curriculu�m
which 1�as been rec�gniz�d by th� 4f�ice ofi Su�stance Abuse F'revention as one of the twenty
exempiary prevention programs. This program targets youth ages �2 to 17, who have exhibited high
risk factars such as repeated failure in school, L�eing the child a# a subs#ance abuser, coming fram a
econamically disadvantaged �ame, having commi�ted violen# or delinquent acts, gang invoivement,
abusing aicohol ar other drugs, or having been physicalfy, psychologicaily, or sexually abused. This
program t�aches alcahal, #abacco, and ot�er drug pre�ention refusal skills, personal respansibility, and
cammunicatian skills.
It is propased that this contract be executed between tMe City af Fort Worth and the Tarranfi Cauncil on
Aleohalism and Drug Abuse for the �eriad ot October 9, 2QQ2, thraugh 5�pt�mber 3Q, 2003, to pro�ide
the services outlined abo�e.
C'ity of'.F'ort �Yorth, T`exas
I�i�yor and Cou�ci[ Cor�r�un�c��tior�
DATE R�FERENCE NUMBER LOG NAM� PAGE
� 0�22�02 **��19297 � a2A�.coHo� � 2 ot 2
SUBJECT EXECUTE A CONTRACT WlTH THE TARRANT C�UNCIL ON ALCOHOLISM AND
DRUG ABUSE
FISCAL lNFORMATfONICERTIFICATIQN:
The Finance Director certifies that funds are available in the current op�rating budget, as appropriated,
of the G�n�ral Fund.
CB:n
Snbm3tted for City Manager's
Office by:
Charles Boswel�.
Ori�inafing Department Head:
Charlcs Boswell
A.dditinnaZ InformAtion Cantact:
Charles Boswell
I FUND I ACCOUiVT I CENTER
� (to)
�
G183
�
61$3 I (from)
GG01 539120
6183
AMO�Ji+1T CITY SECRETARY
APPROVED 10/22/02
090620p $SD,OOO.fl4