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HomeMy WebLinkAboutContract 32526 CITY 8,pCRETARY AGREEMENT BETWEEN UNITED COMMUNITY CENTERS,INC., AND THE CITY OF FORT WORTH STATE OF TEXAS § COUNTY OF TARRANT § In consideration of the mutual covenants, promises and agreements contained herein, this agreement is made and entered into between the City of Fort Worth, hereinafter referred to as "City," acting by and through Joe Paniagua, its duly authorized Assistant City Manager, and United Community Centers,Inc., hereinafter referred to as "Contractor," acting by and through Celia Esparza, its duly authorized President/CEO. RECITALS WHEREAS, the City of Fort Worth has received funds from the Fort Worth Crime Control and Prevention District to support a Safe Haven program; and WHEREAS, United Community Center, Inc.,proposes to provide a Safe Haven program at the Bethlehem Community Center, 970 E. Humbolt, 76104; and WHEREAS,the City of Fort Worth and United Community Centers, Inc., desire to enter into a contract and agreement whereby the City of Fort Worth will furnish Fort Worth Crime Control and Prevention District funds to United Community Centers, Inc., for use in the operation of the Safe Haven program; NOW, THEREFORE, in consideration of the mutual covenants herein expressed,the parties agree as follows: AGREEMENT 1. Contractor covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, all work and services described in Exhibit "A," attached, and incorporated herein for all purposes incident to this contract. Contractor agrees to expend the funds herein provided in accordance with its budget, described in Exhibit "B," attached. Contractor will maintain equipment purchased under this grant and use such equipment in support of this program. 2. It is understood and agreed that in no event shall the total distributions of funds made to the Contractor during the term of this agreement exceed the total sum of$126,616. In the event this contract is terminated for any reason at any time Contractor shall return to City any unused portion of the funds distributed hereunder. It is agreed that the funding provided hereunder shall be made on an on request basis in advance following receipt from the Contractor of an itemized statement of anticipated expenses. 3. The term of this agreement is for a period beginning on October 1, 2005, and ending on September 30, 2006. 4. It is expressly understood and agreed by and between the parties hereto that this agreement is wholly conditioned upon the actual receipt by City of funds from the Fort Worth Crime Control and Prevention District and that if such funds from the Fort Worth Crime Control and Prevention District are not timely forthcoming, in whole or in part, City may, at its sole discretion,terminate this contract and agreement. 5. This agreement may be terminated by either party hereto, in whole or in part, at any time and for any reason, upon written notice to the other parry. Such written notice shall specify to what extent the work under the agreement is being terminated and the effective date of the termination. Within thirty (30) days after the effective date of the termination, Contractor shall forward to City an invoice for all expenditures prior to the effective date of termination and City shall remit payment in full within sixty(60) days after the date of such invoice. 6. Contractor and City covenant and agree that in the event either party fails to comply with, or breaches, any of the terms and provisions of this agreement, each party shall provide written notice to the other as soon as reasonably possible after the non-breaching party becomes aware of the failure to comply or breach of contract. In the event that the breaching party fails to cure or correct such breaches within a reasonable time following the receipt of notice, such reasonable time not to exceed 15 days, the non-breaching party shall have the right to declare this agreement immediately terminated, and neither parry shall have further responsibility or liability hereunder. 7. Contractor covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed with the Contractor under this agreement, and City shall have access at all reasonable hours to offices and records of the Contractor, its officers, members, agents, employees, and subcontractors for the purpose of such monitoring. Contractor shall deliver to City a monthly report of its activities and a monthly statement of its receipts and expenditures of funds, and each such statement shall be signed by the Contractor or a duly authorized officer of the Contractor. Each monthly report and statement shall be submitted to City no later than the 10th day of the following month. 8. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Contractor shall be solely responsible for the acts and omissions of its officers, members, agent, servants, and employees. Neither City nor Contractor shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of its officers, members, agents, servants, employees, or officers of the other. 9. City shall in no way nor under any circumstances be responsible for any property belonging to Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged. 10. City and Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants, or subcontractors, while engaged in performing this contract shall in connection with the employment, advancement, or discharge of employees, or in connection with their terms, conditions or privileges of their employment, discriminate against persons because of their age, except on the basis of a bona fide occupational qualification, retirement plan, or statutory requirement. 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 agents, employees, subcontractors or program participants to engage in such discrimination. 12. The provisions of this agreement are severable and if for any reason a clause, sentence, or paragraph or other part of this agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 13. The failure of City or Contractor to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's or Contractor's right to assert or rely upon any such term or right on any future occasion. 14. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non-performance of this contract and agreement, venue for said action shall lie in Tarrant County, Texas. 15. The governing bodies of City and Contractor have approved the execution of this agreement, if required, and the persons signing the agreement have been duly authorized by the governing bodies of the City and Contractor to sign this agreement on behalf of the governing bodies. 16. This written instrument constitutes the entire agreement by the parties hereto concerning the work and services performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. IN WITNESS WHEREOF, the parties ereto have xecuted this agreement in multiples in Fort Worth, Tarrant County, Texas,this 191 ay of , A.D. 2005. ATTEST: CITY OF FORT WORTH pn" I By: City Secretary Joe ani i As Stan �i ager APPROVED AS TO FORM AND LEGALITY: contract Authorizatio By: Assistant City Attdfney, for David Yett, City Attorney Date: N ATTEST: UNITED COMMUNITY CENTERS, INC. 4_ By. Celia Esparza 0- e-,7& Fl, ��''�C tO President/CEO 4 Exhibit"A" Annual goals for the Safe Haven Program at Bethlehem Center. 1. Provide programs for 200 youth living within 5 miles of the Bethlehem Center. 2. Provide 17,000 Service Units of documented activities consisting of recreational and athletic activities for 100 youth. 3. Provide 12,000 Service Units of documented activities of cultural enrichment activities for 100 youth. 4. Provide 7,500 Service Units of documented activities of educational enhancement activities for 100 youth. 5. Provide 4,000 Service Units of documented activities of Alcohol and Substance Abuse prevention activities for 100 youth. A Service Unit is defined as one youth participating in a unique, documented activity or event per participation day. . . Exhibit"B" Budget Bethlehem Center Safe Haven Budget Center Director $24.000.00 PT ACT III Associate $18.000.00 PT Front Desk Clerk $8.000.00 Contract Services $43.500.00 (Totora, Coaching, Instructors and fees) Supplies $15.116.00 Transportation $7.000D0 Benefits and Taxes $8.000.00 Other $3.000.00 Includes Telephone,Postage, Liability Insurance Total $126.616.00 / �� Page lo[2 C« ��x «-«�x � ��«�« �««x Texas Mayor Council � J�� 0�0� ��� ��0� ����� ���0 ����������N�� �0��� ���w�& q� n��0 M�0� �=�, "�,n��mW0� ����m "����0N �N0 �n�N0 ����m��=�n��� � � COUNCIL ACTION: Approved on 912712005 DATE: Tuesday, September 27, 2005 LOG NAME: 35BETHLEHEM REFERENCE NO.: '*C-: SUBJECT:== �= . Authorize Execution of Contract with United CO[O[OUnH« C8OtB[. Inc., for the Operation Of e Haven Pn]g[80O at the Bethlehem CODlDlUOif« C8Ot8F RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a contract with United Community Centers, Inc., to opo| Safe Haven Pnlgrmrn in the amount of$126,616.00; and 2. Authorize the contract to begin October 1, 2005 and expire September 30' 2000. � DISCUSSION: The Safe Haven Program began in 1992 as part of the Weed and Seed G[ont, which expired Sept( 30' 2000. Safe Havens one places for children in targeted neighborhoods to play and learn with Chi|d[9O without fear ofbeing g Vi[diDl of crime. The Safe Haven Program was first operated in the near Southeast part of Fort Worth and was - expanded to the Diamond Hill neighborhood. One site is at Polytechnic Martin Safe Haven at 3123/V G and the other ioot Kirkpatrick Middle School. United {}onnnnunitx [}enter' Inc., proposes to provide a Safe Haven Program for youth living within mile radius of the Bethlehem [}ornrnunitv Center located at 970 East HWnnbo|t. The services pnovidE consist of nacreotionm|, athletic, ou|tuns| enriohnnent, educational enhancement, as well as substance � prevention activities. Funding in the amount of $120.010.00 has been allocated in the Crime Control and Prevention [ (CCPD) budget in FY2O05-OO for this Safe Haven Pnog[onn site. The Bethlehem Community Center is located in COUNCIL DISTRICT 8. FISCAL ' The FiO@O0g Director certifies that funds are available in the FY2005-2006 operating budgf appropriated, of the Chnno Control and Prevention District Fund. http://www.cfwnet.org/coulicil_packet/Reports/l�nc_print.asp 11/1/2005 Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers GR79 539120 0359808 $126,616.0 Submitted for City Manager's Office by- Joe Paniagua (6140) Oriainating Department Head: Ralph Mendoza (4210) Additional Information Contact: Susan Alanis (4221) http://www.cfwnet.org/council_packet/Reports/rnc_print.asp 11/1/2005