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CONTRACT CONTRACT NO
BETWEEN THE
CITY OF FORT WORTH
AND .
CAMP FIRE USA FIRST TEXAS COUNCIL
STATE OF TEXAS §
COUNTY OF TARRANT §
This contract is made and entered into between the CITY OF FORT WORTH, ,
a home-rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas
(hereinafter referred to as "Grantee Agency") and the CAMP FIRE USA FIRST
TEXAS COUNCIL , a Texas nonprofit corporation (hereinafter referred to as the
"Service Provider").
1. PURPOSE. The purpose of this contract between the Grantee Agency and the
Service Provider is to implement the Diamond Hill Connection After-School Program
through the use of the Criminal Justice Division of the Governor of Texas Grant No. ED-
05-J21-15046-07.
2. TERM. The term of this contract shall commence on September 1, 2005,
and shall end on August 31, 2006, unless extended by the Criminal Justice Division of
the Governor of Texas or terminated as otherwise provided for in this contract.
3. MONITORING PROCESS. The Grantee Agency is responsible for
closely monitoring the activities of the Service Provider and shall exercise reasonable
care to enforce all terms and conditions of Criminal Justice Division (CJD) of the
Governor of Texas Grant No. ED-05-J21-15046-07, titled Diamond Hill Connection
After-School Program (hereinafter referred to as the "Grant"). The Service Provider
agrees to fully cooperate in the monitoring process by the Grantee Agency.
4. RECORDS. Pursuant to the requirements of the Uniform Grant and Contract
Management Standards (UGCMS), promulgated pursuant to Section 783, of the
Government Code are adopted by reference as part of this contract, including the contract
provision as in Section 36, Common Rule of OMB, of the above standards. The Grantee
Agency SHALL (check one):
0 Keep all project records.
0 Assist the Service Provider to establish a set of records that comply with
the requirements of the grant and periodically inspect such records to
ensure that they are properly kept.
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Records shall be retained for at least three (3) years following the closure of the
most recent audit report and until any outstanding Iitigation, audit or claim has
been resolved. Records are subject to inspection by Criminal Justice Division, or
any state or federal agency authorized to inspect the same.
5. RESPONSIBILITIES OF THE SERVICE PROVIDER. The Service Provider
is designated as "Project Director" for the Diamond Hill Connection After-School
Program and will furnish work, services, programs and activities in accordance with the
criteria and definition of responsibilities set forth in the Governor's Criminal Justice Plan
for Texas governing submission of the application approved as Grant No. ED-05421-
15046-07. Structured positive prevention/intervention program activities will include,
but not be limited to improve skills to deal with peer pressure, conflict resolution, anger
management and drug and gang involvement.
In order to comply with requirements of the grant, the Service Provider will provide to
the Grantee Agency on a monthly basis:
A. Structured monthly reports detailing units of service, monthly attendance by
age group, gender.
B. Signed Activity Reports and Time sheets of Service Provider staff that reflect
the actual activity for each day.
C. Lesson plans, by date for each staff member during the month.
These reports must be received by the Grantee Agency prior to payment to Service
Provider.
Pre and post surveys must be performed on participants. Service Provider must provide
an explanation of the methodology used to create a compilation of the results from the
student responses provided on the surveys when providing the results to the Grantee
Agency. This report will be provided to the CJD at the end of the grant period.
6. PAYMENT. The total amount of the payment to the Service Provider shall not
exceed the total amount of the grant of$34,930.00.
Payment will be made to the Service Provider as follows:
Service Provider shall provide a monthly invoice to the Grantee Agency for
reimbursement of services provided to the Diamond Hill Connection After-School
Program. Payment will be processed monthly by the Grantee Agency following
receipt of the monthly invoice from the Service Provider.
Billing for the services provided by the Service Provider per the terms of this
Contract will be provided in the same manner as it would be provided to
institutional purchasers in the absence of a grant and shall consist of a brief, yet
detailed statement of the service or other items provided and the basis for the
billing rate.
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The Grantee Agency has 60 days after the end of the contract to process all
invoices. As a result, all invoices from the Service Provider must be provided to
the Grantee Agency by September 30, 2006. Final invoice must state that it is the
final request for payment.
7. DEFAULT. In the event of a default of any terms or requirements of this
Contract and/or the Grant by the Service Provider, the Grantee Agency may cancel or
suspend the contract and the Service Provider shall be entitled to recover for all services
provided or materials delivered prior to the cancellation date (or unused materials may be
returned) or shall repay any funds advanced for services not yet rendered.
8. COMPLIANCE. All licenses, legal certifications, or inspections required for
the services, facilities, equipment, or materials, and all applicable state and federal laws
and local ordinances must be complied with by the Service Provider. Failure to comply
with this requirement shall be treated as a default.
9. TERMINATION. This contract shall automatically terminate on the grant
expiration date or any extension date thereof granted by Criminal Justice Division or
upon termination of the underlying grant by the Criminal Justice Division. All services
billed hereunder must be rendered within the grant period.
10. ADDITIONAL PROVISIONS. Any additional provisions desired by the
parties or which Criminal Justice Division may direct to be added by specific instructions
shall be enumerated and executed by the Service Provider and Grantee Agency.
11. FUNDING. It is understood by all parties that payment obligations created by
this Contract are conditioned upon the availability of State or Federal funds appropriated
or allocated for the payment of such obligations.
12. INDEPENDENT CONTRACTOR. Service Provider shall operate under this
contract as an independent contractor as to all rights and privileges contained in this
contract, and not as an agent, representative, servant or employee of the Grantee Agency.
Subject to the terms of this Contract, Service Provider shall have the right to control the
details of performance hereunder. Grantee Agency and Service Provider agree that the
doctrine of respondent superior shall not apply as between Grantee Agency and Service
Provider, and that Service Provider shall be solely responsible for any and all acts or
omission of himself, his agents, servants, employees, contractors or subcontractors; and
that nothing herein shall be construed as creating a partnership or joint enterprise between
Grantee Agency and Service Provider. In the event of a dispute, any doubt as to the
construction of this contract shall be resolved so as to maintain Service Provider's status
as an independent contractor.
13. INDEMNIFICATION. SERVICE PROVIDER COVENANTS AND
AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND
DEFEND, AT ITS OWN EXPENSE, OWNER, ITS OFFICERS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR
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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 TO BE PERFORMED HEREUNDER BY
CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES,
SUBCONTRACTORS, LICENSEES OR INVITEES, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF
THE OFFICERS, SERVANTS OR EMPLOYEES, OF THE GRANTEE AGENCY;
AND SAID SERVICE PROVIDER DOES HEREBY COVENANT AND AGREE
TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE GRANTEE
AGENCY, ITS OFFICERS, SERVANT'S AND EMPLOYEES FOR 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 TO BE PERFORMED
HEREUNDER BY CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES,
OR SUBCONTRACTORS, WHETHER OR NOT CAUSED, IN WHOLE OR IN
PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS, SERVANTS,
OR EMPLOYEES OF THE GRANTEE AGENCY. SERVICE PROVIDER
LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY,
INDEMNIFY AND HOLD HARMLESS GRANTEE AGENCY FROM AND
AGAINST ANY AND ALL INJURIES, DAMAGE, LOSS OR DESTRUCTION TO
PROPERTY OF GRANTEE AGENCY 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 GRANTEE AGENCY.
14. ASSIGNMENT. Service Provider shall not assign, subcontract, sublet or
transfer any or all of his rights or responsibilities under this contract and any attempted
assignment, subcontract, sublease or transfer of all or any part hereof shall immediately
terminate this Contract.
15. INSURANCE. During the term of this contract, Service Provider shall
maintain in full force and effect, at his own cost and expense, insurance coverage in an
amount as required by the Grantee Agency. It is agreed between the Service Provider
and the Grantee Agency that the Service Provider will secure and furnish Grantee
Agency with a CERTIFICATE OF LIABILITY INSURANCE which will remain in
force during the term of this lease, in the amount of$1,000,000 for each occurrence and
$2,000,000 for general aggregate, $1,000,000 in auto liability coverage and $500,000 in
Workers' Compensation coverage for each accident. The CERTIFICATE OF
LIABILITY INSURANCE shall list the Service Provider as the insured and the "City of
Fort Worth, Texas, its officers, agents and employees"as an additional insured.
16. PARENT/GUARDIAN PERMISSION FORMS. Service Provider will require
all parents and/or guardians of minor participants in the program to sign a form indicating
that the minor participant has permission to participate in the program. Said form shaii be
approved by the Grantee Agency before commencement of any program by the Service
Provider.
17. VENUE. If any action, whether real or asserted, at law or in equity, arises on
the basis of any provision of this Agreement, venue for such action shall lie in state
courts located in Tarrant County, Texas or the United States District Court for the
Northern District of Texas—Fort Worth Division. This Agreement shall be construed in
accordance with the laws of the State of Texas.
18. FORCE MAJEURE It is expressly understood and agreed by the parties
to this Agreement that if the performance of any obligations hereunder is delayed by
reason of war; civil commotion; acts of God; inclement weather; governmental
restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots;
material or labor restrictions; transportation problems; or any other circumstances which
are reasonably beyond the control of the party obligated or permitted under the terms of
this Agreement to do or perform the same, regardless of whether any such circumstance
is similar to any of those enumerated or not, the party so obligated or permitted shall be
excused from doing or performing the same during such period of delay, so that the time
period applicable to such design or construction requirement shall be extended for a
period of time equal to the period such party was delayed.
19. SEVERABILITY If any provision of this Agreement shall be held to be
invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired.
20. NOTICES All written notices called for or required by this Agreement shall be
addressed to the following, or such other party or address as either party designates in
writing,by certified mail,postage prepaid, or by hand delivery:
21. INTERPRETATION. In the event of any dispute over the meaning or
application of any provision of this Agreement, this Agreement shall be interpreted fairly
and reasonably, and neither more strongly for or against any party, regardless of the
actual drafter of this Agreement.
22. SECTION HEADINGS. The section headings contained in this contract are
for convenience in reference only and are not intended to define or limit the scope of any
provision of this contract.
IN `Jv iTNESS wri REOF, the parties hereby have executed this contract on this
date, the ri cI l of yL. x,,2006.
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CITY OF FORT WORTH CAMP FIRE USA FIRST TEXAS COUNCIL
1000 Throckmorton Street 2700 Meacham Blvd.
Fort Worth, Texas 76102 Fort Worth, Texas 76137
(817) 871-7600 (817) 831-2111
Sign re of Au lforized Official Signature of Authorized Official
Libby Watson, Assistant City Manager Zem Neill, President/CEO
Date: r�` 'iib Date: /- Z-7- o (p
APPROVED AS TO FORM AND LEGALITY:
David Yett, City Attorney
Assistant City Attorney
ATTESTED BY
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Date
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Page 1 of 2
City of Fort Worth. Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/29/2005 - Ordinance No. 16349-03-2005
DATE: Tuesday, March 29, 2005
LOG NAME: 80DIAMOND2 REFERENCE NO.: **G-14731
SUBJECT:
Authorization to Apply for and Accept a Grant from the Criminal Justice Division of the Office of the
Governor of Texas to Operate the Diamond Hill Coalition After-School Program; Adoption of
Associated Appropriation Ordinance; and Authorization to Execute Contracts with the YMCA of
Metropolitan Fort Worth and Camp Fire USA First Texas Council
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to apply for and accept, if awarded, a grant from the Criminal Justice
Division of the Office of the Governor of Texas in the amount of $104,296 to operate the Diamond Hill
Coalition After-School Program from September 1, 2005 to August 31, 2006;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $104,296 from available funds, subject to receipt of the grant;
3. Authorize the City Manager to designate an Assistant City Manager as the authorized official for the
Diamond Hill Coalition After-School Program to accept, reject, or alter the grant, if awarded; and
4. Authorize the City Manager, contingent upon receipt of the grant award, to execute contracts with the
YMCA of Metropolitan Fort Worth in an amount not to exceed $69,366, and Camp Fire USA First Texas
Council in an amount not to exceed $34,930 to conduct the Diamond Hill Coalition After-School Program.
DISCUSSION:
On March 23, 2004 (M&C G-14308), the City Council authorized the application and acceptance of a grant
in the amount of $130,370 from the Criminal Justice Division of the Office of the Governor of Texas. The
Parks and Community Services Department submitted the proposal for the Diamond Hill Coalition After-
School Program in collaboration with the YMCA of Metropolitan Fort Worth and Camp Fire USA First Texas
Council. That grant began the new program year of the Safe and Drug-Free Schools and Communities Act
Fund continuation program that will end August 31, 2005. This grant application represents year two of the
three-year continuation program and year two will run September 1, 2005 through August 31, 2006.
The Diamond Hill Coalition After-School Program has provided supervised after-school educational, cultural
and recreational activities for middle and high school age youth. It is also designed to promote school
attendance, discipline and learning. With this continuation grant, the program will service youth ages ten
through seventeen. A major function of the program is to provide participants with the skills needed to
improve their academic competency in reading, writing and mathematics, with the goal of increasing their
scores on the Texas Assessment of Academic Skills (TARS) test and the new Texas Assessment of
Knowledge and Skills (TAKS) test. Passing these tests is a necessary requirement for graduation. Many
students become frustrated because they cannot pass the tests and subsequently drop out of school. This
portion of the program is designed to increase the passing rate for the participants, thus increasing their
graduation rate.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 5/10/2006
Page 2 of 2
The Office of the Governor, Criminal Justice Division, amended the Texas Administrative Code, Section
3.2021, effective October 13, 2003 requiring that a designation of the title of an authorized official who is
given the power to apply for, accept, reject, alter, or terminate a grant, be stipulated. The person
designated is the Assistant City Manager who oversees the Parks and Community Services Department.
Matching funds are not required. The Criminal Justice Division requires that in the event of loss or misuse
of grant funds, the City Council ensure that funds will be returned in full.
The Diamond Hill Coalition After-School Program is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, adoption of the attached
appropriation ordinance and receipt of the grant, funds will be available in the current operating budget, as
appropriated, of the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 451644 080202012000 $104,296.00
GR76 539120 080202012010 $69,366.00
GR76 539120 080202012020 $34,930.00
Submitted for City Manager's Office bT. Libby Watson (6183)
Originating Department Head: Randle Harwood (Acting) (5704)
Additional Information Contact: Randle Harwood (Acting) (5704)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 5/10/2006