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HomeMy WebLinkAboutContract 30932 CITY SECRETARY CONTRACT NO . CONTRACT 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, Texas, a home-rule municipal corporation situated in Tarrant, Denton and Wise Counties, (hereinafter referred to as "Grantee Agency") and the CAMP FIRE USA FIRST TEXAS COUNCIL (formerly known as First Texas Council of Camp Fire Boys and Girls), 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-04- J21-15046-06. 2. TERM. The term of this contract shall commence on September 1, 2004, and shall end on August 31, 2005, 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 of the Governor of Texas Grant No. ED-04-J21-15046-06, 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. 10000, Records shall be retained for at least three (3) years following the closure of the most recent audit report and until any outstanding litigation, 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 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-04-J21-15046-06. The Service Provider will furnish work, services, programs and activities, to include, but not be limited to, the following: ■ Self-Reliance Courses—"I'm Taking Care", "I'm Peer Proof', and Conflict Resolution" are short-term, six-week classes that teach safety and build skills. Youth become more effective in communicating, recognizing and accepting differences among people, and cooperating with others. ■ Teen Enrichment—Educational trips and tours, cultural & fine arts activities (such as, but not limited to, museums, theaters, art shows, plays, zoos, movies, educational fairs, etc). ■ Parenting Skills — Parenting classes will be held monthly in collaboration with the YMCA of Metropolitan Fort Worth. Topics will include child growth development, parent involvement with emphasis on strengthening the family, school partnership, positive guidance, signs and symptoms of drug and gang participation. 6. PAYMENT. The total amount of the payment to the Service Provider shall not exceed the total amount of the grant of$43,663. 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 statement of the service or other items provided and the basis for the billing rate. Time sheets/Activity Reports should reflect the actual time worked and the actual services performed daily, i.e. TAKS/TARS test tutoring, specific curricula taught, field trips, community service projects, etc. 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 2 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. The Service Provider should become familiar with the Texas Administrative Code (TAC), particularly Title 1, Part 1, Chapter 3; Uniform Grant Management Standards (UGMS), and Office of Justice Programs (OJP) Financial Guide. The Grantee Agency and the Service Provider must comply with these regulations. 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 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, SERVANTS 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 shall 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 st 4 it •r: 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 WITNESS WHEREOF, the parties hereby have executed this contract on this date, the of 12004. CITY OF FORT WORTH CAMP FIRE USA FIRST TEXAS COUNCIL 1000 Throckmorton Street 2700 Meacham Boulevard Fort Worth, Texas 76102 Fort Worth, Texas 76137 (817) 8 1-7600 (817) 831-2111 Signature of A thorized Official Signature of Authorized Official Libby Watson, Assistant City Manager Name and Title Date: �l l(. o}� Date: // Z- 61 5 z` APPROVED AS TO FORM AND LEGALITY: B ✓�- Assistan City Attorney ATTESTED BY Contract Authorization 3 Date FL Ordinance No. AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $130,370.00 SUBJECT TO RECEIPT OF THE GRANT FROM THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR OF TEXAS, FOR THE PURPOSE OF FUNDING THE DIAMOND HILL CONNECTION AFTER-SCHOOL PROGRAM; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2003-2004 and in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants Fund in the amount of$130,370.00, subject to receipt of the grant from the Criminal Justice Division of the Office of the Governor of Texas, for the purpose of funding the Diamond Hill Connection After-School Program. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 15636 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. ROVED AS TO FORM AND LEGALITY: ' Assistant"C7 y Attorney ADOPTED AND EFFECTIVE: - Loo STATE OF TEXAS § COUNTIES OF TARRANT DENTON.AND WISE § I, SYLVIA GLOVER, Acting City Secretary of the City of Fort Worth, Texas - do hereby certify that the above and foregoing is a true and correct copy of Mayor and Council Communication No. G-14308, duly presented and adopted by the City Council of the City of Fort Worth, Texas, at a regular meeting held on the 23rd day of March, A. D. 2004, as same appears of record in the Office of the City Secretary. WITNESS MY HAND and the Official Seal of the City of Fort Worth, Texas, this the 91h day of April, A. D. 2004. Sy! a Glover Acting City Secretary City of Fort Worth, Texas City of bort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/23/2004 - Ordinance No.15919 DATE: Tuesday, March 23, 2004 LOG NAME: 80DIAMOND REFERENCE NO.: **G-14308 SUBJECT: Authorization to Apply for and Accept a Grant from the Criminal Justice Division of the Office of the Govenor of Texas to Operate the Diamond Hill Connection 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 $130,370 to operate the Diamond Hill Connection After-School Program from September 1, 2004 to August 31, 2005; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $130,370 from available funds, subject to receipt of the grant; and 3. Authorize the City Manager to designate an Assistant City Manager as the authorized official for the Diamond Connection After-School Program to accept, reject, or alter this 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 $86,707, and Camp Fire USA First Texas Council in an amount not to exceed $43,663, to conduct the Diamond Hill Connection After-School Program. DISCUSSION: On August 28, 2001 (MBC G-13358), the City Council authorized acceptance of a grant in the amount of $130,371 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 Connection After-School Program in collaboration with the YMCA and Camp Fire USA First Texas Council. That grant was funded for a total of three years and will end on August 31, 2004. This grant will be for the new program year which will run September 1, 2004 through August 31, 2005. The Diamond Hill Connection After-School Program has provided supervised after-school educational, cultural, and recreational activities for middle and high school age youth, and is designed to promote school attendance, discipline, and learning_ VVith this new 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 T -__ On ,T ♦ 1 ll '- 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. On March 25, 2003, The Texas Administrative Code approved, Section 3.2021 Resolutions (3), requires 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 funds, the City Council ensure that funds will be returned in full. The Diamond Hill Connection 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 080202923000 $130,370.00 GR76 539120 080202923010 $86,707.00 GR76 539120 080202923020 $43.663.00 Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Melody Mitchel (5719) T - nor onr�T n r XCYK7T 1