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HomeMy WebLinkAboutContract 26223 STATE OF TEXAS § CITY SECRETARY COUNTIES OF TARRANT § CONTRACT No. AND DENTON WHEREAS, the City of Fort Worth desires to contract with the Summerbridge Fort Worth, that provides public middle school students with the preparation to enter and succeed in college preparatory high schools; to provide support during high school years, and promote their entrance to college; 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 the Summerbridge Fort Worth, ("Contractor") a nonprofit Texas corporation acting by and through Dana Lehman, its duly authorized Director, do hereby covenant and agree as follows: 1. Contractor covenants and agrees to provide an After-School Program instilling learning and academic skills for students to succeed in school. During the school year, high school and college students volunteer to teach and tutor middle school students after school. The volunteer teachers and After School Program Coordinator will go to each middle school once a week for two and one-half hours. Study skills are reviewed and students take academic elective courses. Students with a below "B" average in any class are tutored during this time rather than participating in an elective. Saturday events are held throughout the year bring students and teachers together and help reinforce skills. The services will be provided for a period beginning October 1, 2000, and ending May 31, 2001, and are more fully described in Exhibit "A", attached hereto and incorporated herein for all purposes incident to this contract. 2. In consideration of the services to be performed hereunder by Contractor, City promises and agrees to pay Contractor in an amount up to Ten Thousand Dollars ($10,000) on a reimbursement of expenses basis. cc:u lc_�E'(GtM Ey Payment will be processed by City following receipt from Contractor of the following monthly financial documents: (1) Attachment I-Sub-Grantee's Request For Funds, (2) Attachment II-Detail Statement of Costs, and (3) Attachment III-Expenditures Worksheet Report. Reimbursement for payment of eligible expenses shall be made against the line budget specified in Exhibit B-Program Operating Budget. Contractor shall submit to the City on a monthly basis: (1) Attachment IV and (2) Attachment IV (A), for services and activities accomplished by Contractor in performance of this contract. The report will be signed by a duly authorized agent of Contractor and submitted by 15th of each month following the month which is reported. Contract agrees to utilize all disbursed funds for the benefit of the Program. Contractor agrees that funds will be expended in accordance with the Program Operating Budget. Contractor may not increase or decrease line-item amounts in the approved Program Budget without prior written approval by the City. 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 in 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 City shall have access at all reasonable hours to offices and records of Contractor for the purpose of such monitoring. 5. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servants, 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 ',����'cfi! � '[�ucD V Ua �'J�I��IIUB ULhL'Uo 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 such claims or suits. 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, C0LD 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 111, 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 the terms of such ordinance 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. iQ�G��g VPRCUD INN N(I IL LS IJG=Q1 If Fyo ��� , � o 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. 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. 14. 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. 15. 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. 03 C r�N SEC,P)MEY IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, this ,2-4,r day of A.D. 2000. ATTEST: - CITY OF FORT WORTH _k �(22LZ4 By; V . %kms City Sec tary jp-,�,- Charles R. Boswell Assistant City Manager APPROVED AS TO FORM AND LEGALITY: A0 E_Q u I PUETO Assistat bty Attorney Contract Authorization Date: I IZ��z�e Date ATTEST: SUMMERBRIDGE FORT WORTH By: &&L Zin af6t-� Dana Lehman Director Tuf����,`��M��C s Py STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Dana Lehman, 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 Summerbridge Fort Worth and that she executed the same as the act of said Summerbridge Fort Worth for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A.D. 2000. CLINTON R SPRUILL,III NOTARY PUBLIC *` * State of Texas o Public in and r 1Nj. �yj Comm. Exp. 10-14-2000 the State of Texas STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON 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 O��1 day of A.D. 2000. PATRICIA A.GARCIA NOTARY PUBLIC ' * State of Texas Notary Public in and for omm. Exp.03-31-2001 the State of Texas CNNc����rG��[��LON EXHIBIT A PROGRAM SUMMARY Summerbridge Fort Worth AGENCY After School Program PROGRAM 1 October, 2000 to 31 May, 2001 $10,000 CONTRACT NO. PERIOD AMOUNT PROGRAM DESCRIPTION Provide a After School Program at Daggett, William James, Rosemont, and Morning Side Middle Schools instilling learning and academic skills for students to succeed in school. During the school year, high school and college students volunteer to teach and tutor middle school students after school. The volunteer teachers and After School Program Coordinator will go to each middle school once a week for two and one-half hours. Study skills are reviewed and students take academic elective courses. Students with a below"B"average inany classs are tutored during this time rather than participating in an elective. Saturday events arevheld throughout the year bring students and teachers together and help reinforce skills. PROGRAM GOALS Prepare middle school students to enter and succeed in college preparatory high schools. Provide support during high school years. PROGRAM OBJECTIVES Instilling learning and academic skills for students to succeed and enter college. PROGRAM SERVICES and ACTIVITIES GOALS Prepare students for college prep High School programs 100% Provide attendence to After School Programs 85% Fulfilling educational/life enriching experiences(Field Trips) 7 �01 Irv�*UD AITV ATTACHbIENT I CITY OF FORT WORTH INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT CONTRACT MANAGEMENT DIVISION REQUEST FOR FUNDS AGENCY: Stummerbridge Fort worth 4200 Country Day Lane PROGRAM NAME: After School Program Fort Worth,Texas 76109 CONTRACT NUMBER: CONTRACT AMOUNT: $10,000 CONTRACT DATE: DATE OF REQUEST: SECTION I(AGENCY) CURRENT MONTH CUMULATIVE I. Reimbursement Request 1. Expenditures: $ $ 2. Income A. Program Income $ $ B. City of Fort Worth $ $ C. Interest Earned CDBG Funds $ $ 3. Reimbursement(I minus 2) $ $ II.Advance Pay Requests/Repayment $ $ III.Reporting Interest I. Interest over$25 per quarter returned to City of Fort Worth $ $ SECTION II(CITY) I.MARS—Purchasing Request A. MARS INPUT:Vendor/PO Number/Requisition Number: B. Fund/Account/Center: GR76/539120/ C. Total Amount of this Request: $ SECTION III I. Verification A. Contract Manager Frank Marrero (Name) (Signature) (Date) B. MARS—Purchasing (Name) (Signature) (Date) C. Accounting (Name) (Signature) (Date) II.Authorization A. Agency (Name) (Signature) (Date) B. Contract Compliance Supervisor (Name) (Signature) (Date) C. Assistant to the City Manager (Name) (Signature) (Date) DISTRIBUTION: White -Accounting Blue - IAGM Green -Agency CITY OF FORT WORTH ATTACHMENT II INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT CONTRACT MANAGEMENT DIVISION DETAIL STATEMENT OF COSTS Summerbridge Fort Worth AGENCY CONTRACT NO. DATE After School Program TO PROGRAM REPORT PERIOD PROGRAM MONTHLY CUMULATIVE COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE PERSONAL SERVICES Salaries 516 010 $10,000.00 FICA 518 010 Life Insurance 518 050 Health Insurance 518 060 Unemployment Tax-State 518 090 Worker's Comp 518 040 Retirement 518 070 SUPPLIES Office Supplies 521 010 Postage 521 020 Teaching Aids(Equipment) 522 030 Food Supplies 522 030 Other Operating Supplies 523 300 CONTRACTUAL SERVICES Telephone 535 040 Electric 535 020 Gas[Utility] 535 010 Water/Waste Disposal 535 030 Rent[Building) 537 010 Custodial Services 539 220 Office Equipment Rental 537 030 Printing 533 030 Repairs 536 010 Fidelity Bond 538 210 Liability Insurance 534 020 Legal&Accounting 538 050 Private Auto Allowance-Local 532 130 Advertising 533 010 Conferences&Seminars 531 180 Contractual Services 539 120 CAPITAL OUTLAY Furniture, Fixtures 541 330 Office Equipment,Computers 541 370 Other Equipment 541 320 TOTAL 1 $10,000.00 Contractors Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE PREPARE ONE FORM FOR EACH SOURCE OF FUNDS DISTRIBUTION: White: Accounting Blue: IAGM Iv I U U CI1SEIu UMeLi`ItI'Ia�fWy�'W7r1tl ATTACHMENT III CITY OF FORT WORTH INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT CONTRACT MANAGEMENT DIVISION EXPENDITURES WORKSHEET Summerbridge Fort Worth Agency Contract Number Date After School Program. TO Program REPORT PERIOD NO DATE CHECK PAYEE DESCRIPTION ACCOUNT NO. AMOUNT NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 TOTAL TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE DISTRIBUTION White:Accounting Blue:IAGM �j��UC�t�� HMO Green: n Agency ATTACHMENT IV CITY OF FORT WORTH INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT 1.NAME AND ADDRESS OF SUB-GRANTEE 2.PROJECT NAME: After School Program Summerbridge Fort Worth 3.CONTRACT NO: 4200 Country Day Lane Fort Worth,Texas 76109 4.DATE OF REQUEST: MONTH&YEAR 5. PROGRAM SERVICES AND ACTIVITIES CURRENT MONTH CUMULATIVE Number of New Households and/or Persons Served 0 0 6A. DIRECT BENEFIT DATA(New Household and/or Persons Served) American Total White Black- Hispanic Asian Pacific Indian Female- Non- Non- Islander Alaskan Head- Hispanic Hispanic Native Of Household CURRENT MONTH 0 0 0 0 0 0 CUMULATIVE 0 0 0 0 0 0 6B. DIRECT BENEFIT(CONTINUED) Low/Mod Low Income Beneficiaries Beneficiaries CURRENT MONTH 0 0 CUMULATIVE 0 0 7. AGE 0-4 5-17 18-24 25-54 55-64 64+ CURRENT MONTH 0 0 0 0 0 0 CUMULATIVE 0 0 0 0 O 0 8. CERTIFICATION: The undersigned hereby gives assurance that to the best of my 'Knowledge and belief, the data included in this report is true and accurate, and if a non-profit agency, has been approved by the governing body of the organization prior to submission. �� , �� . Date: Submitted by: Dana Lehman r�� • -0852 I GM/IDIS-RPT FORM 3 ATTACHMENT IV(A) CITY OF FORT WORTH INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT 1.Name and Address of Sub-Grantee 2.Project Name: After School Program Summerbridge Fort Worth 3.Contract No: Contract Date: 4200 Country Day Lane Contract Amount: $10,000 Fort Worth,Texas 76109 4.Date of Request: MONTH&YEAR 5. PROGRAM SERVICES AND ACTIVITIES: CURRENT CUMULATIVE 6. SCOPE OF WORK NARRATIVE: 7. PROBLEMS ENCOUNTERED/SOLUTIONS PROPOSED: 8. 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