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HomeMy WebLinkAboutContract 30920 CITY SECRETARY '" `ONTRACT NO. STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, the Tarrant Council on Alcoholism and Drug Abuse provides youth, ages 5 to 17, substance and alcohol abuse intervention and prevention programs; and WHEREAS, the City of Fort Worth desires to contract with Tarrant Council on Alcoholism and Drug Abuse, to provide such intervention and prevention programs; and WHEREAS, the Tarrant Council on Alcoholism and Drug Abuse has offered to provide such services to citizens of the City of Fort Worth; NOW, THEREFORE, THIS CONTRACT FURTHER WITNESSETH: That for and in consideration of the mutual covenants, promises and agreements contained herein, the City of Fort Worth ("City"), a home-rule municipal corporation acting by and through Richard Zavala, its duly authorized Interim Assistant City Manager, and the Tarrant Council on Alcoholism and Drug Abuse, ("Contractor") a nonprofit Texas corporation acting by and through Erik Niedermayer, its duly authorized Executive Director, do hereby covenant and agree as follows: 1. Contractor covenants and agrees to provide the youth of Fort Worth, ages 5 to 17 years old, alcohol and substance abuse intervention and prevention programs, and such services to be provided for a period beginning October 1, 2004, and ending September 30, 2005. 2. In consideration of the services to be performed hereunder by Contractor, City promises and agrees to pay Contractor in twelve (12) monthly installments, a sum of which will not, on an annual basis, exceed the total of Fifty Thousand Dollars ($50,000). At the 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 review by the City of its services and activities in performance of this contract. 3. Either party may cancel this contract upon thirty (30) days' notice in writing to the other party of such intent to terminate. In the event of such termination, City shall reimburse Contractor for the services performed up to the date of termination. 4. Contractor covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services to be performed under this agreement, and City shall have access at all reasonable hours to offices and records of Contractor for the purpose of such monitoring. 5. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of the City of Fort Worth. Contractor shall have exclusive control of and the exclusive right to 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 participants. "rhe doctrine of respondeat superior shall not apply as between the City and contractor, its officers, agents, servants, employees, subcontractors, or program participants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, agent, employee, or subcontractor 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 subcontractors or program participants, which may be lost, stolen, destroyed or in any way damaged; and Contractor hereby indemnifies and holds harmless the City, its officers, agents, and employees, from and against any and all claims or suits concerning such property. 7. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, agents, servants, and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons of whatsoever kind or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement, and/or the services performed hereunder, whether or not cause, in whole or in part, by alleged negligence of officers, agents, servants, or employees of the City of Fort Worth; and Contractor hereby assumes all liability and responsibility of City, its officers, agents, servants and employees, for any and all claims or suits of property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with the execution, performance, attempted and/or the services performed hereunder, whether or not cause, in whole or in part, by alleged negligence of officers, agents, servants, or employees of City. In the event it is determined that Contractor has misused, misapplied or misappropriated all or any part of the funds provided hereunder, Contractor 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 immunity or exemption (statutory or otherwise) from and against liability for damage or injury, including death, to persons or property, Contractor hereby expressly waives 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 rights, privileges or duties 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 void and constitute a breach of this agreement. 10. Contractor, its officers, agents, employees and subcontractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of the City of Fort Worth. It is agreed and understood that, if City calls to the attention of Contractor any such violation on the part of Contractor or any of its officers, agents, employees or subcontractors, then Contractor shall immediately desist from and correct such violation. 11. Contractor, in the execution, performance or attempted performance of this contract and agreement, will not discriminate against any person or persons because of sex, race, religion, color or national origin, nor will Contractor permit its officers, agents, employees, or subcontractors to engage in such discrimination. This agreement is made and entered into with reference specifically to Chapter 17, Article III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment Practices"), and Contractor hereby covenants and agrees that Contractor, its agents, employees and subcontractors have fully complied with all provisions of same and that no employees, or employee-applicant has been discriminated against by either Contractor, its agents, employees or subcontractors. 12. Contractor shall furnish a certificate of insurance as proof that it has secured and paid for a policy of public liability insurance covering all public risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement. Such amounts shall be as follows: Property damage, per occurrence $100,000 - --- Bodily injury or death, per person $250,000 - Bodily injury of death, per occurrence $500,000 I with the understanding and agreement Contractor that 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 further agrees that it shall comply with the Worker's Compensation Act of Texas and shall provide sufficient compensation insurance to protect Contractor and the City of Fort Worth from and against any and all Worker's Compensation claims arising from the work and services provided under this contract. 13. Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. Contractor further agrees to include in all of its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. 14. In the event no funds or insufficient funds are appropriated by the City in any fiscal period any payments hereunder, City will notify Consultant of such occurrence and this Contract shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 15. 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 written agreement, which purports to vary from the terms hereof shall be void. 16. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance of this contract and agreement, venue for said action shall lie in Tarrant County, Texas. 17. Notices. Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party shown below: Bridgette Garrett, Budget/Mgmt Services Director Eric R. Niedermayer, Executive Director City of Fort Worth Tarrant Council on Alcoholism and Drug Budget & Mgmt Services Department Abuse 1000 Throckmorton St. 1701 W. Freeway, Suite 1 Fort Worth, Texas 76102 Fort Worth, Texas 76102 (817) 392-8518 (817) 332-6329 IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, this day of l�1�1�' J�II..�SLI , A.D. 2004. ATTEST: CITY OF FORT WORTH 1 By: Marty Hendrix R hard Zavala City Secretary In rim Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Cr - �a3cP � , cntr.act Authorization Assistant City Attorney Uate Date: 3q_©q ATTEST: TARRANT COUNCIL ON ALCOHOLISM AND DRUG ABUSE By: ric Niedermayer Executive Director STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Erik Niedermayer, 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 the Tarrant Council on Alcoholism and Drug Abuse and that she executed the same as the act of said Tarrant Council on Alcoholism and Drug Abuse for the purpose and consideration therein expressed and in the capacity therein stated. / GIVEN UNDER MY HAND AND SEAL OF OFFICE this day day of 11 , A.D. 2004. Eo"MAR CLINTON SPRUILL I, INOTMYRl XSTATEOFTEXAS otary Public in afn for ---- �; COMMISSION EXPIRES: the State Of Texas 8EPTEMBER 7.2006 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Richard Zavala, 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 the City of Fort Worth for the purpose and consideration therein expressed and in the capacity therein stated. ,GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Z " ```r A.D. 2004. CUNTON SPRUILL II N Public in anO'or * Sotulrnieucsr�rFo�raus the State of Texas COMMISSION EXPIRES: SEPTEMBER 7,2005 TARRANT COUNCIL ON ALCOHOLISM AND DRUG ABUSE EXHIBIT A PROGRAM SERVICE ACTIVITIES GOALS • Percentage of children completing 8 of 10-week 60% group showing an increase in decision making/assertive skills. • Percentage of children completing 8 of 10-week 60% group showing an increase in self-control. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/26/2004 DATE: Tuesday, October 26, 2004 LOG NAME: 03TCALCOHOLDRUG REFERENCE NO.: **C-20361 SUBJECT: Authorize the Execution of a Contract with the Tarrant Council on Alcoholism and Drug Abuse RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with the Tarrant Council on Alcoholism and Drug Abuse at a cost of $50,000, for youth alcohol and substance abuse prevention/intervention programs. DISCUSSION: During the FY2004-05 budget process, the City Council approved financial support in the amount of $50,000 for the Tarrant Council on Alcoholism and Drug Abuse to aid the organization's on going effort to prevent youth alcoholism and substance abuse through the Sunshine Club and the Ground Zero prevention and intervention programs. The Sunshine Club is a drug and alcohol prevention program serving youth in Fort Worth for more than 15 years. It utilizes a curriculum that is nationally recognized as a best practice model program. This program is targeted for children of substance abusers and other high-risk youth 5 to 12 years of age. The program focuses on a variety of topics over a ten-week period including self-esteem, decision-making, goals, chemical dependency, changes, feelings and family dynamics. Ground Zero is an intervention program that has been in existence since 1996. It uses a curriculum, which has been recognized as one of the 20 exemplary prevention programs by the Office of Substance Abuse Prevention. This program is targeted for youth ages 12 to 17 who have exhibited high risk factors, such as repeated failure in school, being the child of a substance abuser, coming from a economically disadvantaged home, having committed violent or delinquent acts, gang involvement, abusing alcohol or other drugs, or having been physically, psychologically, or sexually abused. This program teaches alcohol, tobacco and other drug prevention refusal skills, personal responsibility and communication skills. It is proposed that a contract be executed between the City of Fort Worth and Tarrant Council on Alcoholism and Drug Abuse for the period of October 1, 2004, through September 30, 2005, to provide the services outlined above. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated of the General Fund. T ..r..,o. - Wl'rf'AT PC' LMT TIDT T!`_ D 1 f 1 TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539120 0906200 $50,000.00 Submitted for City Manager's Office by: Richard Zavala (Acting) (8511) Originating Department Head: Bridgette Garrett (8518) Additional Information Contact: Jose Moreno (8349) T .,.,,,�,,,o• 112T( AT ( ()LTr)T T)I?T T(: Anna 7 of 7