HomeMy WebLinkAboutContract 51162 MEMORANDUM OF UNDERSTANDING CITY SECRETARYs.
CONTRACT N0. I _-�,
This MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a home rule municipal corporation, acting by
and through Valerie Washington, its duly authorized Assistant City Manager, and the
PARENTING CENTER ("Center"), a Texas non-profit corporation, collectively known as the
"Parties," for the purpose of extablishing and achieving various goals and objectives related to
the provision of Life Skills Classes (the "Project").
WHEREAS, the aforementioned Parties desire to enter into the herein described agreement in
which they shall work together to accomplish the following goals and objectives.
MISSION
The aforementioned Project has been established with the following objectives:
1. Assist juvenile offenders in recognizing that they are responsible for their actions;
2. Give juvenile offenders the skills necessary to make healthy life decisions;
3. Develop skills in resisting peer pressure;
4. Give juveniles the knowledge to recognize and manage anger and frustration;
5. Develop decision making skills and an understanding of consequences; and
6. Assist parents of teens and teen parents in acquiring parenting skills.
PURPOSE AND SCOPE
The purpose of the Project is to educate juvenile offenders and their parents on various life skills
necessary to maintain healthy lives.
The scope of this program is to allow The Parenting Center to deliver quality, research-based
instruction to juvenile offenders and their parents at the Fort Worth Southwest Municipal Court
one evening per week, in accordance with the Facilities Use Agreement, which is attached hereto
and incorporated herein as Exhibit A. Such classes shall be taught by trained, degreed, and
experienced professionals.
OBJECTIVES
The Parties will work together to provide life skills classes on topics such as Healthy
Relationships, Life Skills, Anger Management, and Parenting Tips.
'I hese classes will be provided for juveniles and parents participating in the Teen Court program
veniles and parents ordered to attend by a Judge for Truancy offenses.
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The classes will be held on Monday evenings between the hours of 5:30 p.m. and 7:30 p.m. at
the Fort Worth Southwest Municipal Court located at 3741 Southwest Loop 820, Fort Worth,
Texas 76133.
RESPONSIBILITIES AND OBLIGATIONS
Each party will appoint a person to serve as the official contact and to coordinate the activities of
each organization in carrying out this Memorandum of Understanding. The initial appointees of
each organization are:
City of Fort Worth: Jeanette Almnaraz, Senior Customer Service Representative, Fort Worth
Teen Court or Susan Wolf, Coordinator of the Fort Worth Teen Court Program, 817-392-8681.
The Parenting Center: Kathryn Thalken, MS, Lead Family Life Educator, 817-632-5537.
Both parties will work collaboratively to create a set schedule of classes to be distributed to the
class participants and any other interested parties. However, the final class schedule shall be at
the sole discretion of the City.
This MOU is not an obligation or commitment of City funds, nor a basis for transfer of City
funds. All obligations of and expenditures by each Party are subject to their respective entity's
budgetary and fiscal processes and availability of funds pursuant to all laws, regulations, and
policies applicable thereto.
The City of Fort Worth shall provide:
1. Chairs and a room large enough to accommodate the instructor and participants; and
2. A staff member or a qualified adult volunteer to assist with overseeing the participants.
The Parenting Center shall provide:
1. A trained, degreed, and experienced professional to conduct the classes according to
the agreed upon schedule; and
2. Copies of all handouts that are to be distributed to the participants.
TERMS OF UNDERSTANDING
The term of this Memorandum of Understanding is for a trial period of six months to determine
the effectiveness of the program. The MOU may be extended upon written mutual agreement of
both Parties.
Either Party may terminate the MOU at any time with a two week written notice of termination.
EXHIBIT A
FACILITIES USE REQUIREMENTS FOR SOUTHWEST MUNICIPAL COURT
SECTION 1
LOCATION
1.1 Location. City does hereby grant to Center the use of certain space within the
following location for the sole purpose of conducting "Life Skills Classes" training for juveniles
and parents participating in the Teen Court program:
1.1.1 Southwest Municipal Court 3741 Southwest Loop 820, Fort Worth, Texas
76133
The Southwest Municipal Court shall be referred to as "Complex" throughout this
Exhibit.
1.2 Condition of the Complex. Center expressly acknowledges and agrees that it has
conducted a full and complete physical examination of the Complex and hereby accepts the
Complex, AS IS, WHERE IS, AND WITHOUT ANY WARRANTIES OF WHATEVER
NATURE, EXPRESS OR IMPLIED, IT BEING THE INTENTION OF CITY AND
CENTER TO EXPRESSLY NEGATE AND EXCLUDE ALL WARRANTIES EXPRESS
OR IMPLIED, IN FACT OR BY LAW, INCLUDING WITHOUT LIMITATION, THE
IMPLIED WARRANTY OF SUITABILITY, AND THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE,
CONTAINED IN OR CREATED BY ANY APPLICABLE LAW OF THE STATE OF
TEXAS.
SECTION 2
USE OF THE COMPLEX
2.1 Center may use the Complex to operate the training in accordance with this
Agreement in support of its mission and for no other purpose.
2.2 Only on the days that the Center and the City have agreed to hold classes, the
Center shall have use of the Complex beginning at 5:00 pm and ending at 8:00 pm, Central
Standard Time throughout the contract term only.
2.3 In the event of a change in hours or availability of the Complex, such change shall
not give rise to any claim against the City by the Center, whether for lost profits, cost, overhead,
or otherwise.
2.4 Center may bring onto the Complex any equipment reasonably necessary to
further the intended use of the Complex.
2.5 Center may not use any part of the Complex for any use or purpose that violates
any applicable law, regulations, or ordinance of the United States, the State of Texas, the County
of Tarrant, or the City of Fort Worth, or other lawful authority with jurisdiction of the Complex.
2.6 Center understands and agrees that the parking areas at the Complex are not for
the exclusive use of the Center and that the City and the Complex' patrons may use the parking
spaces at any time.
SECTION 3
HOLDOVER TENANCY
3.1 Holdover Tenancy. Unless terminated earlier pursuant the terms of this
Agreement, this Agreement will expire without further notice when the Term expires. Any
holding over by Center after the Term expires will not constitute a renewal of the Agreement or
give Center any rights in or to the Complex, except as a tenant at will.
SECTION 4
DUTIES AND RESPONSIBILITIES
4.1 In addition to any other duties and responsibilities set forth in this Agreement,
Center shall:
4.1.1 Ensure that all Program Participants and any other individual using the
Complex, comply with any and all policies, rules, and regulations governing the
use of the Complex. The City will provide a copy of any such policies, rules, and
regulations within a reasonable time after request by the Center.
4.1.2 Center and Program Participants shall not remain in the Complex beyond
the Center's approved hours, except in instances of eminent danger to the
Program Participants, severe weather conditions, emergencies declared by the
City and other situations determined in the sole discretion of the City.
4.1.3 Notification of changes to Program schedules, including cancellation but
excluding emergencies or Force Majeure Events, must be provided to the City
within 24 hours prior to schedule start time. In case of emergency or Force
Majeure Events, the Center must notify the City promptly upon learning of such
emergency or Force Majeure Events.
4.1.4 NOT USE THE COMPLEX FOR ANY PURPOSE NOT SET FORTH IN
THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, CONDUCTING
ANY UNAUTHORZED BUSINESS.
4.1.6 Report any maintenance or repair needs to the City as soon as practicable.
4.1.7 Center agrees to notify City promptly upon the receipt of any claim or
lawsuit brought in connection with any injury, death, or damages at the Complex.
Center agrees to make its officers, representatives, agents, and employees
available to City, at all reasonable times, for any statements and case preparation
necessary for the defense of any claims or litigation for which City may be
responsible hereunder. Center shall place language in its contracts with
contractors and subcontractors that contractors shall notify City as required by
Center in this subsection.
4.1.12 While City will commission and oversee all repairs, Center will reimburse
City for any repairs that are made for any damage that occurs during Program
hours.
4.1.15 City will provide Center with necessary keys and security codes for access
to the Complex.
4.1.16 Center will notify City immediately if the security of the Complex is
compromised.
4.2 The City will:
4.2.1 Furnish the necessary existing utilities and electrical power
available at the Complex for the ordinary and intended use of such, which
includes lighting, heat and air conditioning, and water. City shall not be
liable or responsible for accidents or unavoidable delays.
4.2.2 Ensure the Complex is suitable for their intended purpose.
4.2.4 Ensure the Complex is ready for set up by Center in accordance
with any reasonable requests of the Center.
SECTION 5
LIENS
5.1 Center shall do no act or make any contract that may create or be the foundation
for any lien upon or interest in any City property. Any such contract or lien attempted to be
created or filed shall be void. Should any purported lien on City property be created or filed,
Center, at its sole expense, shall liquidate and discharge the same within ten (10) calendar days
after notice from the City to do so. Should Center fail to discharge the same, such failure shall
constitute a breach of this Agreement, and the City shall have the right to terminate this
Agreement immediately. However, Center's financial obligation to City to liquidate and
discharge such lien shall survive following termination of this Agreement and until such a time
as the lien is discharged.
SECTION 6
CARE OF THE COMPLEX
6.1 Center, at Center's own expense, shall keep the Complex and maintain all
equipment and other properties of City in a safe, sanitary, sightly condition and in good repair
during each Program or scheduled time set forth in this Agreement. Center shall restore and yield
said Complex, equipment, and all other properties belonging to the City back to City at the
expiration of each Program or scheduled time set forth in this Agreement in good or better
condition as it existed at the beginning of each Program or schedule time set forth in this
Agreement and in which Center found them.
6.2 Center will not do or permit to be done any injury or damage to the Complex, or
any part thereof, or permit to be done anything that will damage or change the finish or
appearance of the Complex or the furnishings thereof or any other property belonging to the City
by the erection or removal of equipment or any other improvements, alterations or additions. No
decorative or other materials shall be nailed, tacked, screwed or otherwise physically attached to
any part of the Complex, or to any of the furnishings or fixtures of the City without the prior
written consent of the City.
6.3 Subject to ordinary wear and tear, Center will pay the costs of repairing any
damage that may be done to the Complex or any of the fixtures, furniture or furnishings by any
act of Center or any of Center's officers, representatives, servants, employees, agents, Program
Participants, or anyone visiting the Complex upon the invitation of the Center. The City shall
determine, in its sole discretion, whether any damage has occurred, the amount of the damage
and the reasonable costs of repairing the damage, and whether, under the terms of this
Agreement, the Center is responsible. City shall be the sole judge of the quality of the
maintenance and/or damage of the Complex, furnishings, fixture or furniture by the Center. The
costs of repairing any damage to the Complex shall be immediately due and payable by the
Center upon Center's receipt of a written invoice from City.
6.4 Subject to the prior written consent of the City, Center may place any signs within
the Complex necessary to indicate Center's name and location. Any sign shall be prepared and
installed by the Center, at the sole cost of Center, in accordance with applicable rules and
regulations of the City and in keeping with the Complex' decor. Any special requirements of
Center contrary to the above must be made a part of this Agreement by written amendment.
SECTION 7
FORCE MAJEURE
7.1 If either party is unable, either in whole or part, to fulfill its obligations under this
License due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public
enemies; wars; blockades; insurrections; riots; epidemics; public health crisis; earthquakes; fires;
floods; restraints or prohibitions by any court, board, department, commission or agency of the
United States or of any state; declaration of a state of disaster or of emergency by the federal,
state, county, or City government in accordance with applicable law; issuance of an Imminent
Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or
any equivalent alert system that may be instituted by any agency of the United States; any arrests
and restraints; civil disturbances; or explosion; or some other reason beyond the Party's
reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such
Force Majeure Event will be suspended only during the continuance of such event. If a Force
Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its
Complex, parks, or other City-owned and operated properties and facilities in the interest of
public safety and operate them as the City sees fit. Center hereby waives any claims it may have
against the City for damages resulting from any such Force Majeure Event.
SECTION 8
RIGHT OF ENTRY AND INSPECTION
8.1 In providing use of the Complex by Center, City does not relinquish the right to
control the management of the Complex, or the right to enforce all necessary and proper rules for
the management and operation of the same. After receiving notice by City, Center must permit
City or its agents, representatives, or employees to enter the Complex for the purposes of
inspection; determining whether Center is complying with this Agreement; maintaining,
repairing, or altering the Complex; or any other reasonable purpose. During any inspection, City
may perform any obligations that City is authorized or required to perform under the terms of
this Agreement or pursuant to its governmental duties under federal state or local laws, rules or
regulations. In the event of an emergency, no advance notice from City is required.
SECTION 9
LICENSES AND PERMITS
9.1 Center shall, at its sole expense, obtain and keep in effect all licenses and permits
necessary for its operations.
SECTION 10
ADDITIONAL DUTIES UPON TERMINATION
In addition to the duties described in the Agreement, Center shall comply with the
following upon termination or expiration of the Agreement:
10.1 Prior to the effective date for expiration or termination of the Agreement, Center
shall promptly remove all of its personal property; provided, however, Center shall not be
obligated to remove any fixtures. Center shall also repair any damage to the Complex that
occurred during Center's use of the Complex, including, but not limited to, any damage that
Center causes during removal of Center's property, to the reasonable satisfaction of the City.
10.2 If Center fails to comply with its obligations in this Section, City may, at its sole
discretion, (i) remove Center's personal property and otherwise repair the Complex and invoice
Center for City's costs and expenses incurred, such invoice to be due and payable to City within
thirty (30) calendar days of its delivery to Center; or (ii) following no less than thirty (30)
calendar days prior written notice to Center, take and hold any of Center's personal property as
City's sole property; or (iii) pursue any remedy at law or in equity available to City. If Center
fails to surrender the Complex to City following termination or expiration, all liabilities and
obligations of Center hereunder shall continue in effect until such is surrendered.
SECTION 11
ACCESS
11.1 Center will only use areas of the Complex that are approved in advance by City.
11.2 Center will assure that Program members adhere to the Program hours set forth in
the Agreement. Earlier access may only be granted by arrangement.
11.3 Notify Program participants that they will not be allowed to congregate or loiter
in front of the main entrance of the Complex or in the parking lot prior to 5:30 pm or after 7:30
pm.
AUTHORIZATION
The Parties agree to work together in the true spirit of partnership to ensure that there is united,
visible and responsive leadership of the Project.
EXECUTED this2% day of Awe , 2018.
ACCEPTED AND AGREED:
THF,-JPARENT,,1NG CENTER
Vin,,,
CITY OF FORT WORTH, TEXA
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Valerie Washington
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Matt Murray, Assistant City Attorney Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
this contract, including ensuring all performance and
ATTEST: reporting requirements.
U •_
Mary Kays y Secretary -Susan Wolf
. XAS
OFFICIAL R�
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