HomeMy WebLinkAboutContract 50698-A1 CITY SECRETARY� ��
CONTRACT N0. v u tQA -Aw , I
FIRST AMENDMENT TO FACILITIES USE AND YOUTH PROGRAM PROVIDER
AGREEMENT WITH
CHILD EVANGELISM FELLOWSHIP OF EAST TEXAS,INC.
THIS FIRST AMENDMENT("First Amendment")is made and entered into by and between the CITY
OF FORT WORTH("City"),a home-rule municipal corporation of the State of Texas,acting by and
through its duly authorized representative,and CHILD EVANGELISM FELLOWSHIP OF EAST
TEXAS,INC.,a chapter of Child Evangelism Fellowship,an international interdenominational
Christian nonprofit organization("Provider").
WHEREAS, City and Provider are parties to an agreement(City Secretary Contract No. 50698)
that permits Provider to provide certain classes, workshops, seminars, or activities at various community
centers owned and operated by the City("Agreement");
WHEREAS, the parties desire to revise the Center(s) at which Provider's programs will be
provided;and
NOW,THEREFORE,in consideration of the mutual covenants and agreements contained herein,
the City and the Provider do mutually covenant and agree to amend the Agreement as follows:
I.
Paragraph 2 of the agreement is amended to be and read as follows:
WHEREAS, City, through its Park & Recreation Department ("Park Department") and
Neighborhood Services Department("NSD"),operates Summer Day Camp and After School Programs to
provide recreational youth programs and activities at its community centers as well as other programs and
Provider wishes to provide supplemental programs for attendees at the City's Summer Day Camp, After
School Program,or other programming.
II.
Section 1 of the Agreement is amended to be and read as follows:
Provider shall provide programs and activities ("Program) at the times and City locations
("Center") as agreed upon in writing on the form set forth in Exhibit A, which is attached hereto and
incorporated herein for all purposes("Program"), and which may be executed by the Director of the Park
&Recreation Department or the Director of the Neighborhood Services Department.
III.
Exhibit A of the Agreement,which details the Program,Center(s),and Schedule is hereby replaced
with the exhibit attached to this First Amendment as Exhibit A-Revised. The attached Exhibit A is hereby
incorporated into the Agreement for all purposes and supersedes any prior Exhibit A. All references to
.\,� xhibit A in the Agreement shall refer to the attached Exhibit A-Revised.
�3 IV. OFFICIAL RA CORD
G�d�ySE `section 3 of the Agreement is amended to be and read as follows: CITY SECRETARY
FT.WORTH,TX
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3.1 Unless terminated earlier pursuant to the terms herein,the term of this Agreement
shall begin on July 28,2017 and expire on September 30,2018("Term"). This Agreement maybe renewed
for five additional one-year periods upon written agreement of the Parties.
V.
Section 5 of the Agreement is amended to add Subsection 5.1.4 which shall be and read as follows:
5.1.4 In the event that Provider will be unable to appear for a given class date, Provider
shall be required to provide a minimum of 48 hours'notice to City and shall work in good faith to reschedule
a make-up class or refund such payment attributable to that class, whichever City, in its sole discretion,
shall decide.
VI.
Section 5 of the Agreement is amended to add Subsection 5.3 which shall be and read as follows:
5.3 Provider shall not take, use, or disseminate any photograph of any program
participant for any purpose, including promotional materials, unless provider has first obtained written
permission from the adult program participant or from the parent of the program participant to be
photographed, if the participant is a minor.
VII.
Section 6 of the Agreement is amended to add Section 6 which shall be and read as follows:
6.1 The safety and security of all Program participants are of paramount importance
to the City, especially if Provider will provide the Program to the City's Summer Day Camp and After
School Programs. Provider agrees and certifies to the City that prior to performing any Program under this
Agreement, Provider, and anyone that will attend or teach any Program on behalf of or with the Provider,
has within the last year passed a state and national background investigation meeting the standards adopted
by the Park & Recreation Department or NSD as incorporated in the attached Exhibit "D". Refusal to
submit to a background investigation or a failure of any background investigation shall be cause for
immediate termination of this Agreement. Provider assumes all liability for Provider's failure to comply
with this section.
VIII.
Section 11 of the Agreement is amended to add Subsections 11.1 and 11.2 which shall be and read as
follows:
11.1 Provider agrees that the City shall, until the expiration of three(3)years after the
termination or expiration of this Agreement, have access to and the right to examine any directly pertinent
books, documents, papers, and records of Provider involving transactions relating to this Agreement.
Provider agrees that the City shall have access during normal working hours to all necessary Provider
facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance
with the provisions of this section. City shall give Provider reasonable advance notice of intended audits.
11.2 Provider further agrees to include in any contractor and subcontractor agreements
hereunder a provision to the effect that the contractor and subcontractors agree that the City shall, until the
expiration of three (3)years after the expiration or termination of the contract or subcontract, have access
to and the right to examine any directly pertinent books,documents,papers,and records of such contractor
or subcontractor involving transactions of the contract or subcontract,and further that City shall have access
First Amendment to Facilities Use and Youth Program Provider Agreement 2 of 8
to and the right to examine any directly pertinent books,documents,papers,and records of such contractor
or subcontractor involving transactions of the contract or subcontract,and further that City shall have access
during normal working hours to all contractor and subcontractor facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph.
City shall give the contractor and subcontractor reasonable advance notice of intended audits.
IX.
Section 12 of the Agreement is amended to be and read as follows:
12.1 Termination by Provider. This Agreement may be terminated without cause by Provider
upon thirty(30)days written notice of such intent to terminate being delivered to the City.
12.2 Termination by City. This Agreement may be terminated without cause by City
immediately upon written notice to Provider of such intent to terminate.
12.3 Fiscal Funding Out. Notwithstanding anything to the contrary, if, for any reason, at any
time during the term of the Agreement,the Fort Worth City Council fails to appropriate funds sufficient for
the City to fulfill its obligations under this Agreement,the City may terminate the portion of the Agreement
regarding such obligations to be effective on the later of(i)ninety(90)calendar days following delivery by
the City to Agreement of written notice of the City's intention to terminate or (ii)the last date for which
funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Contract.
12.4 Other Remedies. Any termination of this Agreement as provided in this Agreement will
not relieve Provider from paying any sum or sums due and payable to City under this Agreement that
remains unpaid and due at the time of termination, or any claim for damages then or previously accruing
against Provider under this Agreement. Any such termination will not prevent City from enforcing the
payment of any such sum or sums or claim for damages by any remedy provided for by law, or from
recovering damages from Provider for any default under the Agreement. All City's rights, options, and
remedies under this Agreement will be construed to be cumulative,and not one of them is exclusive of the
other. City may pursue any or all such remedies or any other remedy or relief provided by law,whether or
not stated in this Agreement. No such termination shall relieve City from any obligation it may have to
Provider hereunder and City may pursue any and all rights and remedies or relief provided by law,whether
or not stated in this Agreement.
X.
Section 20 of the Agreement is amended to be and read as follows:
20.1 It is expressly understood and agreed that Provider and its employees,
representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as
independent contractors as to all rights and privileges and work performed under this Agreement, and not
as agents, representatives or employees of the City. Subject to and in accordance with the conditions and
provisions of this Agreement,Provider shall have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its employees,representative,agents,
servants,officers,contractors, subcontractors,and volunteers. Provider acknowledges that the doctrine of
respondeat superior shall not apply as between the City and its officers, representatives, agents, servants
and employees, and Provider and its employees, representative, agents, servants, officers, contractors,
subcontractors,and volunteers. Provider further agrees that nothing herein shall be construed as the creation
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of a partnership or joint enterprise between City and Provider. It is further understood that the City shall in
no way be considered a Co-employer or a Joint employer of Provider or any employees, representative,
agents, servants, officers, contractors, subcontractors, and volunteers of Provider. Neither Provider, nor
any officers,agents,servants,employees or subcontractors of Provider shall be entitled to any employment
benefits from the City. Provider shall be responsible and liable for any and all payment and reporting of
taxes on behalf of itself, and any of employees, representative, agents, servants, officers, contractors,
subcontractors,and volunteers.
XI.
All terms and conditions of the Agreement that are not expressly amended pursuant to this First
Amendment shall remain in full force and effect.
XII.
All terms in this First Amendment that are capitalized but not defined shall have the
meanings assigned to them in the Agreement.
IN WITNESS WHEREOF,the parties I ,to have execute this First Amendment in multiples in
Fort Worth,Tarrant County,Texas,this 4 day of 92018.
[SIGNATURES ON FOLLOWING PAGE]
First Amendment to Facilities Use and Youth Program Provider Agreement 4 of 8
CITY OF FORT WORTH CHILD EVANGE ISM FELLOWSHIP OF
/ll EAST ERAS,IN .
By:75Lf/�� By:
Fernando Costa David Nigh
Assistant City Manager Chairman of the Board
Recommended by:
lc��
chard Zavala
D rector,Park&Recreation Department
APPROVED AS TO FORM AND LEGALITY:
4Mee P lge
'Assistant City Attorney
AT O� 'FORT
J.Kayser
City Secretary ` *` Z
M&C:No M&C Required.
Form 1295:N/A. AS
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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Contract Compliance Manager(s):
By signing,I acknowledge that I am the person
responsible for the monitoring and
administration of this contract,including ensuring
all performance and eporting requirements.
LZ
h i Endsley
Distric u rintendent,Park&Recreation Department Locations
f
JerryM owell
District Superintendent,Park&Recreation Department Locations
A6rz a&,& "�k- 6r—b
Moniquill
District uperintendent,Neighborhood Services Department Locations
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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EXHIBIT A-REVISED
FORM ADDENDUM SPECIFYING CENTER(S),AND PROGRAM SCHEDULE
THIS ADDENDUM TO FACILITIES USE AND YOUTH PROGRAM PROVIDER
AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH
("City"),a home-rule municipal corporation of the State of Texas,acting by and through its duly authorized
representative, and CHILD EVANGELISM FELLOWSHIP OF EAST TEXAS, INC., a chapter of
Child Evangelism Fellowship, an international interdenominational Christian nonprofit organization
("Provider").
Pursuant to the terms of Section 1 of that certain Facilities Use and Youth Program Provider
Agreement between the parties executed on July 28,2017(CSC No. 50698),the parties agree that the
program services listed below will be performed at the times,dates,and locations listed below.
PROGRAM: 5 Day Clubs
PROGRAM DESCRIPTION: Summer 5 Day Clubs® are nurturing, welcoming, privately-sponsored
summertime enrichment clubs meeting one hour per day for five days in the summer, offering training in
morals, character, leadership and citizenship, from a Christian/Biblical perspective, through fun
recreational activities,projects,stories,songs and games. All children are welcome,regardless of religious
belief, and may only attend with written parental permission. Attendance is free, and no donations are
solicited.Clubs are led by a minimum of three volunteer teachers,with more on an as-needed basis.
Location Dates Times
VF Mondays from 6/18-7/16 3:00 PM
SW Wednesdays from 6/20-7/18 4:00 PM
CT Thursdays from 6/21-7/19 4:00 PM
HS Thursdays from 6/21-7/19 6:00 PM
GB Fridays from 6/29-7/27 3:00 PM
RDE Fridays from 6/29-7/27 3:00 PM
FS Saturdays from 6/30-7/28 10:30 AM
NS Tuesdays from 7/10-8/7 3:30 PM
CCC Tuesdays from 7/10-8/7 3:00 PM
WH Tuesdays from 7/10-8/7 3:00 PM
SY Tuesdays from 7/10-8/7 4:00 PM
SS Wednesdays from 7/11-8/8 3:00 PM
NT Fridays from 7/20-8/17 3:00 PM
ADS Mondays from 7/2-7/30 1:00 PM
HH Fridays from 7/6-8/3 3:00 PM
DH Fridays from 7/6-8/3 10:00 AM
TP Mondays from 7/9-8/6 3:00 PM
RS Mondays from 7/9-8/6 4:00 PM
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PARD CENTER NAME CENTER ADDRESS NS CENTER NAME CENTER ADDRESS
Chisholm Trail(CT) 4936 McPherson Blvd. Andrew"Doc"Session
(76123) ADS 201 S. Sylvania(76111)
Diamond Hill(DH) 1701 NE 37th St.(76106) Como(CCC) 4900 Home St. 76107)
Eugene McCray(EM) 4932 Willbarger(76119) Martin Luther King
MLK 5565 Truman Dr. 76112
Fire Station(FS) 1601 Lipscomb(76104) North Tri-Ethnic(NT) 2950 Roosevelt Ave.(76106)
Greenbriar(GB) 5200 Hemphill(76115) Northside(NS) 1801 Harrington 76106)
Handley Meadowbrook 6201 Beaty(76112)
(HMB) Southside(SS) 959 E.Rosedale(76104)
Highland Hills(HH) 1600 Glasgow Rd.(76134) Worth Heights(WH) 3551 New York Ave.(76110)
Hillside(HS) 1201 E.Maddox(76104)
Mobile Recreation(MR) 1601 Lipscomb(76104)
R.D.Evans(RDE) 3242 Lackland Rd.(76116)
Riverside(RS) 3700 E.Belknap(76111)
Southwest(SW) 6300 Welch Ave.(76133)
Sycamore(SY) 2525 E.Rosedale(76105)
Thomas Place(TP) 4237 Lafayette Ave.(76107)
Victory Forest(VF) 3427 Hemphill St.(76110)
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