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HomeMy WebLinkAboutContract 29164 10-14-03 A09 :51 IN CITY SECRETARY ' STATE OF TEXAS § CONTRACT NO. COUNTY OF TARRANT § WHEREAS, Alliance for Children provides services in coordinating area agencies activities against child abuse; and WHEREAS, the City of Fort Worth desires to contract with Alliance for Children to have such services provided which benefit the Fort Worth community; and WHEREAS, Alliance for Children 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 Charles R. Boswell, its duly authorized Assistant City Manager, and Alliance for Children, ("Contractor") a nonprofit Texas corporation acting by and through Nancy Hagen, its duly authorized Executive Director, do hereby covenant and agree as follows: 1. Contractor covenants and agrees to unite the efforts of public agencies and enlist community support to lessen the trauma of child abuse victims in Fort Worth, such services to be provided for a period beginning October 1, 2003, and ending September 30, 2004. 2. In consideration of the services to be performed hereunder by Contractor, City promises and agrees to pay Contractor in one installment, the sum of Sixty-three Thousand Nine Hundred and Ninety-eight Dollars ($63,998). Thirty-eight Thousand Nine Hundred and Ninety-eight Dollars ($38,998) will be used to fund a coordinator's position and Twenty-five Thousand ($25,000) will be used to defray the advocacy center's operating expenses. 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 Ci y shgtlf,haye` � at all reasonable hours to offices and records of Contractor for the purpose of sum tit. 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. The 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 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, this t 1- day of © QAAba,,) A.D. 2003. ATTEST: CITY OF FORT WORTH &Xt4j 4A:!� By: . GI ria Pearson Charles R. Boswell City Secretary Assistant City Manager APPROVED AS TO FORM AND LEGALITY: �— 19 m r Contract Authorization Ass s nt Ci y orney 10 1 '71U3 Date Date: q1LO� ATTEST: ALLIANCE FOR CHILDREN a By: Nancy en Execute irector r r I I,UA8 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 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 the Alliance for Children and that she executed the same as the act of said Alliance for Children for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this c, day of A.D. 2003. .PH.. % a v�P PAY P& /�'lq Notal PubliV and for }� the State of Texas Of rr/yf111111111uIt11H1� STATE OF TEXAS s COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Charles R. Boswell, 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 11.6tll day of C)' ` A.D. 2003. Notary Public in and for F=fPRµPa:.. ROSELLA BARNES the State of Texas O: sC�; * ;*= NOTARY PUBLIC 9�� �i�f State of Texas � oF ''Comm. Exp. 03-31-2005 Alliance For Children (Fort Worth) Exhibit A Quarterly Report - Fiscal Year 2004 Program Service Activities Educate individuals on issues regarding child abuse ANNUAL GOAL: 2,500 individuals Quarter Total: Recruit and coordinate volunteer efforts to disseminate information to combat child abuse. ANNUAL GOAL: 100 volunteers for 600 hours of support Quarter Total: Provide presentation to students and school personnel on how to recognize, report, and seek help if child abuse is an issue. ANNUAL GOAL: 25 presentations Quarter Total: Ensure families receive Assistance guides upon arrival to the center for child abuse investigation. ANNUAL GOAL: 350 Quarter Total: Provide 250 children emergency support through the school supply program, the winter coat program, the holiday giving programs and the Mickey Kline Emergency Fund program. ANNUAL GOAL: Quarter Goal: City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/7/2003 DATE: Tuesday, October 07, 2003 REFERENCE NO.: C-19806 LOG NAME: 02ALLFORCHILD SUBJECT: Authorize the Execution of a Contract with Alliance for Children RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract in the amount of $63,998 with Alliance for Children. DISCUSSION: During the FY2003-2004 budget process, the City Council approved financial support for Alliance for Children to continue providing coordination of the efforts of agencies investigating child abuse. The budgeted amount includes $25,000 to be applied toward operating expenses, and $38,998 to support the center coordinator's salary. Alliance for Children exists to lessen the emotional trauma to child abuse victims, and to improve the justice system's response to child abuse by uniting the efforts of public agencies and enlisting community support. It is proposed that a contract be executed between the City of Fort Worth and Alliance for Children for the period of October 1, 2003, through September 30, 2004, to provide for the services outlined above. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the FY2003-2004 operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539120 0906200 $63,998.00 Submitted for City Manager's Office by: Charles Boswell (8511) Originating Department Head: Bridgette Garrett (8518) Additional Information Contact: Clint Spruill (8510) City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/7/2003 DATE: Tuesday, October 07, 2003 REFERENCE NO.: C-19806 LOG NAME: 02ALLFORCHILD SUBJECT: Authorize the Execution of a Contract with Alliance for Children RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract in the amount of $63,998 with Alliance for Children. DISCUSSION: During the FY2003-2004 budget process, the City Council approved financial support for Alliance for Children to continue providing coordination of the efforts of agencies investigating child abuse. The budgeted amount includes $25,000 to be applied toward operating expenses, and $38,998 to support the center coordinator's salary. Alliance for Children exists to lessen the emotional trauma to child abuse victims, and to improve the justice system's response to child abuse by uniting the efforts of public agencies and enlisting community support. It is proposed that a contract be executed between the City of Fort Worth and Alliance for Children for the period of October 1, 2003, through September 30, 2004, to provide for the services outlined above. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the FY2003-2004 operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539120 0906200 $63,998.00 Submitted for City Manager's Office b Charles Boswell (8511) Originating Department Head: Bridgette Garrett (8518) Additional Information Contact: Clint Spruill (8510) Lopnnme- 09ALLFORC HTT.T) Not- 1 of 1