HomeMy WebLinkAboutContract 33063 CITY SECRETARY
CONTRACT NO.
AGREEMENT BETWEEN
UNITED WAY OF METROPOLITAN TARRANT COUNTY
AND THE CITY OF FORT WORTH
THIS AGREEMENT ("Agreement") is made and entered into on December 20, 2005 by
and between United Way of Metropolitan Tarrant County ("UWMTC"), acting by and
through Ann Rice, its duly authorized Senior Vice President, whose address is 210 East
Ninth Street, Fort Worth, TX, and The City of Fort Worth, ("City") acting by and through
Joe Paniagua, its duly authorized Assistant City Manager, whose address is 1000
Throckmorton Street, Fort Worth, TX, concerns the provision of professional services
needed to promote FitFuture Tarrant County, hereinafter referred to as "FitFuture."
1. SCOPE OF WORK - The purpose of this Agreement is to promote local
governmental, community and faith-based organizations involvement in the FitFuture
Initiative.
City agrees to provide information, and promotes awareness, motivation and
commitment of Tarrant County citizens to increase their fitness and decrease obesity by
performing the following work ("Work"):
(A) Recruit five key municipalities to become FitFuture Cities to address
childhood obesity by adopting the FitFuture logo and by implementing
one of the following:
(1) An employee wellness initiative;
(2) A citizen wellness initiative (via parks departments); or
(3) Policy developments that promote active living environments; and
(B) Coordinate the 2006 FitFuture Symposium by overseeing the planning,
development and implementation of a symposium that is focused on the
dissemination of model childhood obesity programs and best practices to
be held by October 30, 2006.
City will use the UWMTC funding in collaboration with other funding to hire staff
necessary to perform the Work and related initiatives in the City of Fort Worth.
2. PERIOD OF PERFORMANCE - The initial term of this Agreement shall be from
January 1, 2006 through December 31, 2006. This Agreement may be extended for
subsequent renewal periods of one year each upon (1) availability of funding from
UWMTC and (2) a signed written agreement by both parties.
This Agreement may be terminated with 30 days written notice by either party.
3. COMPENSATION - UWMTC will pay City $36,500 upon execution of this
Agreement. This total amount of $36,500 shall be applied to the costs to complete the
Work. Any unspent funds remaining at the end of the grant period will revert to the
United Way of Metropolitan Tarrant County.
United Way- FitFuture Contract
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4. PERFORMANCE- City agrees that City's Public Health Department ("CFWPHD") will
perform the work and services necessary to complete the Work. City is expected to
meet the stated completion date of October 30, 2006 for the development of the 2006
FitFuture Symposium.
5. PROJECT MONITOR - Janie McGuigan, Assistant Vice President, UWMTC, 210
East Ninth Street, Fort Worth, Texas 76102, 817-258-8056, imcguigan(c_uwmtc.orq will
serve as Project Monitor on this Agreement. City will take general guidance and
direction in the performance of the Work from Ms. McGuigan or her designees;
however, this guidance and direction shall not be construed to change the relationship
of the parties as set forth in Section 7 below. City will relay to Ms. McGuigan all
questions related to performance of the Work, as well as invoices, payments, and other
contractual matters.
6. RIGHTS IN DATA AND ACCESS TO RECORDS - Any and all reports and other
deliverable products generated by CFWPHD pursuant to this Agreement will become
the property of UWMTC. Upon written request, reasonable and prompt access will be
granted to any and all financial and accounting records of CFWPHD which are directly
pertinent to the Work for the purpose of making any necessary audits consistent with
applicable laws, regulations and standard accounting practices.
7. INDEPENDENT CONTRACTOR - City shall operate hereunder as an independent
contractor and not as an officer, agent, servant or employee of UWMTC. City shall have
exclusive control of, and the exclusive right to control, the details of the work and
services performed hereunder, and all persons performing same.
8. SEVERABILITY - The provisions of this Agreement are severable, and, if for any
reason a clause, sentence, 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.
9. NON-WAIVER - City's failure 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 right to assert or rely upon any such term
or right on any future occasion.
10. VENUE - 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
Agreement, venue for said action shall lie in the state courts located in Tarrant County,
Texas or the United States District Court for the Northern District of Texas, Fort Worth
Division.
11. ENTIRE AGREEMENT - This written instrument and any exhibits attached hereto,
which are incorporated by reference and made a part of this Agreement for all purposes,
constitute the entire agreement between the parties 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. Any amendments to the
terms of this Agreement must be in writing and must be approved by each party.
United Way FitFuture Contract
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12. NOTICES - All notices required or permitted by this Agreement must be in writing
and are deemed delivered on the earlier of the date actually received or the third day
following (i) deposit in a United States Postal Service post office or receptacle; (ii) with
proper postage (certified mail, return receipt requested); and (iii) addressed to the other
party at the address set out in the preamble of this Agreement or at such other address
as the receiving party designates by proper notice to the sending party.
Date:_ �' n -
Ann Rice, Senior ce esi e UWMTC
Signed:
Date:
Joe Paniagu sistant ity Manager, City of Fort Worth
APPROVED AS TO FORM
4-w 4% K f—,<
Assistant tity Attorney
Attested By:
Marty Hendrix
City Secretary
Contract, huthcrization
Date
United Way-FitFuture Contract
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/20/2005 - Ordinance No. 16747-12-2005
DATE: Tuesday, December 20, 2005
LOG NAME: 50UWFF REFERENCE NO.: C-21224
SUBJECT:
Authorize Execution of Contract with the United Way of Tarrant County for Acceptance of a Grant
for FitFuture Fort Worth Initiative and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept, if offered, and execute a grant contract with the United Way of
Tarrant County for$36,500.00 for a period to begin January 1, 2006, and end December 31, 2006;
2. Adopt the attached appropriation ordinance increasing appropriations and estimated receipts by
$36,500.00 in the Grants Fund; and
3. Waive the indirect cost rate (10%) to allow maximum use of funds for delivery of services to the
community.
DISCUSSION:
The United Way of Tarrant County is joining the City's Public Health Department in an effort to combat
obesity with a collaboration to bring the FitFuture plan to other cities within the county. By leveraging staff
resources and providing fiscal support, the United Way will provide funding to the department that will
enable a funded half-time position to be expanded to full-time. This position will support and promote the
FitFuture Fort Worth initiative, promote the FitFuture Cities program county-wide, as well as develop and
implement the 2006 FitFuture Symposium.
Additionally, the FitFuture Fort Worth initiative will increase awareness of the benefits of regular physical
activity and proper nutrition, as they apply to reducing the risk of obesity in both children and adult
populations; will facilitate and maintain the development of community partnerships with business, faith and
school partners, as well as involving other City departments to support initiatives aimed at reducing the risks
of obesity; and will support team efforts for continued development of printed materials and educational
presentations on collaborative efforts.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon acceptance and execution of this grant contract and adoption of the
attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of
the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 451991 050455073000 $36,500.00
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/10/2006
Page 2 of 2
GR76 5 $36,500.00
(VARIOUS) 050455073010
Submitted for City Manager's Office b1t. Joe Paniagua (6140)
Originating Department Head: Daniel Reimer (871-7201)
Additional Information Contact: Susan Whittenberger (871-6658)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/10/2006