HomeMy WebLinkAboutContract 31479 v.
CITY SECRETARY Q
CONTRACT NO. ��7
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NEIGHBORHOOD PARK DEVELOPMENT GRANT
GRANT AGREEMENT
This Grant Agreement is hereby entered into on this 1" day of January, 2003 by and
between the City of Fort Worth, a home rule municipal corporation situated in Tarrant,
Denton, and Wise Counties, Texas (hereinafter referred to as "City") and the Parents of
Bear Creek BMX Association hereafter referred to as "Grantee".
Purpose: The purpose of this grant is to assist the Grantee with the development of
Pecan Valley Park by constructing BMX track. Maximum grant funding for this project
is allocated at $10,317.00, which must be matched by the Grantee in in-kind cash and/or
donations of labor and materials.
Article 1. All funds must be used for the purpose stated in the Neighborhood Park
Development Grant Program application as submitted. Any modification to the Grant
Program must be requested in writing and approved by the Parks and Community
Services Department(PACSD).
Article 2. Grantee must commit to the entire balance of funds necessary to complete
the budget as proposed in the grant application.
Article 3. The grant will be paid on a reimbursement basis by the City of Fort
Worth. The Grantee will be responsible for a match of not less than $4,000.00 in cash
purchases and $59,050.00 in in-kind services and donations. The Grantee will be
responsible for providing proof of payment of all purchases and in-kind contributions
equal to the total cost of this project.
Article 4. Accounting records must be supported by source documentation including
cancelled checks, paid bills, payrolls, time and attendance records, and contract
documents. This includes documentation of third party in-kind contribution.
Article 5. The Grantee must provide the City with a resolution or letter from tic
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respective governing body authorizing its representative to execute agreements associated
with this grant and committing that organization/association to its share of the cost of the
project as proposed in the grant application.
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Article 6. Grantee must use generally accepted procedures for qualifying bids.
Costs for goods and services should not exceed estimates outlined in the grant application
as submitted unless approved by the City's Project Manager. All purchases of goods and
services must have prior approval from the assigned Project Manager from the City.
Article 7. The Grantee is responsible for submitting proper documentation for
reimbursement within 60 days of the project completion or before December 31, 2004,
whichever comes first.
Article 8. Records must be retained for three years following conclusion of the
project and after other pending matters are closed. Grantee must provide City with the
current record holders name, address and phone number.
Article 9. The City shall have the right of access to any pertinent books, documents,
papers, or other records of subgrantees, which are pertinent to the grant in order to make
audits, examinations, excerpts, and transcripts.
Article 10. If a Grantee materially fails to comply with any term of this Agreement,
the City may temporarily withhold cash payments pending correction of the deficiency by
Grantee, disallow all or part of the cost of the activity or action not in compliance, wholly
or partly suspend or terminate the current award with Grantee, withhold further awards
for the program, demand repayment of cash advances or take other legally available
remedies.
Article 11. Except as provided in Article 10, this Agreement may be terminated in
whole or part only as follows:
a) By the City with the consent of the Grantee in which case the two parties
shall agree upon the tennination conditions and, in the case of partial
tennination, the portion to be terminated.
b) By the Grantee upon written notification to the City, setting forth the
reasons for such termination, the effective date, and in the case of partial
tennination, the portion to be terminated.
Article 12. The City reserves the right to demand repayment of grant funds due to
insufficient match on the part of Grantee, disallowment of cost items, or termination of
all or part of the project.
Article 13. In the event it is determined that the Grantee has misused, misapplied or
misappropriated all or any part of the funds provided hereunder, Grantee 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.
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GRANTEE FURTHER COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY, ITS OFFICERS, 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
THE WORK AND SERVICES AND PERFORMANCE OF THIS AGREEMENT TO BE PERFORMED
HEREUNDER BY GRANTEE, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS,
GRANTEES OR INVITEES, WHETHER OR NOT CAUSED, IN V1'HOLE OR IN PART, BY THE
ALLEGED NEGLIGENCE OF THE OFFICERS, SERVANTS, EMPLOYEES. OF THE CITY; and
GRANTEE LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND
HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURIES, DAMAGE, LOSS OR
DESTRUCTION TO PROPERTY OF CITY DURING THE PERFORMANCE OF ANY OF THE
TERMS AND CONDITIONS OF THIS CONTRACT, WHETHER ARISING OUT OF IN WHOLE OR
IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OF OFFICERS, OR EMPLOYEES OF
CITY.
Article 14. The Grantee agrees to comply with all the design parameters and product
specifications as determined by the representative of the PACSD, or his designee. The
City reserves the right to withhold grant funding for use on non-approved goods and
services.
h's greement is e ecuted in Tarrant County, Texas, this �� day of
4'ncj , 20072
Parents of Bear Creek BMX Association, Grantee
Gary Elmore, sident
CITY OF ORT WORTH, Grantor
Attested By:
Libby atson, Ass(s�ant City Manager
Marty HendrbD
City Secretary
PROVED AS T F'RK4) 111D L JGALiTY:
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City of Fort Worth, Texas
4velgor and Council izommul"ication
DATE REFERENCE NUMBER LOG NAME PAGE
11/12/02 G-13801 1 80FUNDING 1 of 2
SUBJECT APPROVAL OF FUNDING LEVELS FOR NEIGHBORHOOD PARK DEVELOPMENT
GRANTS PROGRAM
RECOMMENDATION:
It is recommended that the City Council:
1. Endorse the Parks and Community Services Advisory Board's recommendation to approve the
attached funding levels for the Neighborhood Park Development Grants Program; and
2. Approve the transfer of$100,000 from the General Fund to the Park Improvements Fund; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$100,000 in the Park Improvements Fund from available funds.
DISCUSSION:
In May 2002, the City Council instructed staff to move forward with the pilot Neighborhood Park
Development Grant Program. The goals of the program are to leverage private community resources
with City funds to provide neighborhood park improvements, to instill a sense of neighborhood
involvement and ownership in the development or replacement of neighborhood park facilities, and to
improve the quality of neighborhood parks in Fort Worth.
On July 15, 2002, staff hosted a public meeting and also met with Neighborhood Association members
and/or their representatives to explain in detail how the Neighborhood Park Development Grant pilot
program would be initiated. To ensure maximum attendance by persons representing neighborhood
associations, staff placed advertisements in the City Page and distributed E-mail notices through the
City's Neighborhood Office.
Staff conducted a preliminary review and scoring of the applications received based on the grant
criteria. On September 11, 2002, staff met with the Park Board's Neighborhood Small Grant sub-
committee to review, discuss, score, and rank the applications. At this meeting, the sub-committee
decided to recommend the award of a grant to Gateway Park, even though it is a large recreation park
instead of a neighborhood park. This recommended award is not meant to set a precedence.
However, there was sufficient grant money available to award all grants to proposing neighborhoods, as
well as fund the proposed new BMX facility at Gateway Park, which will satisfy a community need and
address a Master Plan requirement.
On September 17, 2002, staff presented its recommendation to the Parks and Community Services
Advisory Board. The Board recommended approval of all applications, noting the caveat that the award
for the Cowtown BMX facility be a one-time exception, since there were funds available for this
community facility.
City of Fort Worth, Texas
"agor And C=ouncil Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/12/02 G-13801 80FUNDING 2 of 2
SUBJECT APPROVAL OF FUNDING LEVELS FOR NEIGHBORHOOD PARK DEVELOPMENT
GRANTS PROGRAM
The City Council approved funding in the amount of $100,000 for the Neighborhood Small Grants
Program in the FY2002-2003 Parks and Community Services Department General Fund budget.
However, as the neighborhood small grants have a two-year duration, it is recommended that the grant
funds be transferred to the Park Improvements Fund to better accommodate the required multi-year
funding cycle.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current capital budget, as appropriated,
of the Park Improvements Fund.
JP:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
C188 472001 080188400010 $ 15,845.00
Joe Paniagua 6140 C188 539120 080188400010 $ 15,845.00
Originating Department Head: C188 472001 080188400020 $ 5,100.00
C188 539120 080188400020 $ 5,100.00
C188 472001 080188400030 $ 16,200.00
C188 539120 080188400030 $ 16,200.00
C188 472001 080188400040 $ 9,390.00
C188 539120 080188400040 $ 9,390.00
C188 472001 080188400050 $ 4,187.00
C188 539120 080188400050 $ 4,187.00
C188 472001 080188400060 $ 4,000.00
C188 539120 080188400060 $ 4,000.00
C188 472001 080188400070 $ 10,317.00
C188 539120 080188400070 $ 10,317.00
C188 472001 080188400080 $ 27000.00
C188 539120 080188400080 $ 27,000.00
C188 472001 080188400090 $ 2,300.00
C188 539120 080188400090 $ 2,300.00
C188 472001 080188400100 $ 5,661.00
C188 539120 080188400100 $ 5,661.00
Richard Zavala 5704 (from) APPROVED 11/12/02
GG01 538070 0809010 $100,000.00 (ATTACHMENT AMENDED)
Additional Information Contact: ORD/# 15326
Richard Harwood 5743