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HomeMy WebLinkAboutContract 35009 (2)�B I `� :��.C�-,� ►f���%� C��IV7���,��a �� , --- ���, I CONTRACT BETWEEN THE CITY OF FORT WORTH AND YMCA OF METROPOLITAN FORT WORTH STATE OF TEXAS COUNTY OF TARRANT § This Agreement is made and entered into between the CITY OF FORT WORTH, a home-rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, (hereinafter referred to as "Grantee Agency") and the YMCA OF METROPOLITAN FORT WORTH, a Texas nonprofit corporation (hereinafter referred to as "Service Provider"). 1. PURPOSE. The purpose of this Agreement between the Grantee Agency and the Service Provider is to implement the Diamond Hill Connection After-School Program (the Program) through the use of the Criminal Justice Division (CJD) of the Governor of Texas Grant No. ED-06-J21-15046-08. 2. TERM. The term of this Agreement shall commence on September l, 2006 and end on August 31, 2007, unless extended by the CJD of the Governor of Texas or terminated as otherwise provided in for in this Agreement. 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 CJD of the Governor of Texas Grant No. ED-06-J21-15046-08, 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 G��ant and Agreement Management Standards (UGCMS), promulgated pursuant to Section 783, of the Local Government Code are adopted by reference as part of this Agreement, including the Agreement provision as in Section 36, Common Rule of OMB, of the above standards. The Grantee Agency SHALL 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. 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 CJD, or any state or federal agency authorized to inspect the same. 5. RESPONSIBLITIES OF THE SERVICE PROVIDER. The Service Provider is designated as "Project Director" for the Program and will furnish work, services, programs, and activities in accordance with the criteria and definition of responsibilities set fort in the Governor's Criminal Justice Plan for Texas governing submission of the application approved as Grant No. ED-06-J21-15046-08. The programs shall be provided at the Diamond I-�ill - � I U `�t f I 1i . . � � i .,' J i�': � 1: 6 V `:,� ��..V� Page 1 of 6 ;;',i;j',i ,::;'�,i�`����1 „h� t�,� �, L� ;1: ��.r. ,.:�� � ?n '';�,: ^; �„nif `7?�, , Community Center located at 1701 NE 36th St, Fort Worth, Texas. Structured positive prevention/intervention program activities will include, but not be limited to, improving skills to deal with peer pressure, conflict resolution, anger management, and drug and gang involvement. In order to comply with the requirements of the Grant, the Service Provider will provide to the Grantee Agency on a monthly basis: A. Structured monthly reports detailing units of service, monthly attendance, age group, gender. B. Signed Activity Reports and Time sheets of Service Provider staff that reflects the actual activity for each day. C. Lesson plans by date for each staff inember during the month. These reports shall be received by the Grantee Agency prior to payment to Service Provider. Pre- and post-surveys shall be performed on all participants. Service Provider shall provide an explanation of the methodology used to create a compilation of the results from the student responses provided on the surveys when providing the results to the Grantee Agency. This report shall be provided to the CJD at the end of the grant period. 6. PAYMENT. The total amount of the payment from the City to the Service Provider shall not exceed the total amount of the Grant of $52,410.00. Payment will be made to the Service Provider as follows: Service Providers shall provide a monthly invoice to the Grantee Agency far reimbursement of services provided to the 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 the Agreement 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, Yet detailed, statement of service or other items provided and the basis for the billing rate. The Grantee Agency has 60 days after the end of the Agreement to process all invoices. As a result, all invoices from the Service Provider shall be provided to Grantee Agency by September 30, 2007. Final invoice shall state that it is the final request for payment. 7. DEFAULT. In the event of a default of any terms or requirements of this Agreement or the Grant by the Service Provider, the Grantee Agency may cancel or suspend the Agreement 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: Service Provider shall comply with all licenses, legal certifications, or inspections required for the services, facilities, equipment, or materials and all applicable state Page 2 of 6 and federal laws and local ordinances. Failure to comply with this requirement shall be treated as a default. 9. TERMINATION. This Agreement shall automatically terminate on the expiration date or any extension of the underlying grant by the CJD. All services billed hereunder must be rendered within the grant period. 10. ADDITIONAL PROVISIONS. Any additional provisions desired by the parties or which the CJD may direct to be added by specific instruction shall be enumerated and executed by the Grantee Agency and the Service Provider in writing and made a part of this Agreement by Amendment. 11. FUNDING. It is understood by all parties that payment obligations created by this Agreement 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 Agreement as an independent contractor as to all rights and privileges contained in this Agreement, and not as an agent, representative, servant, or employee of the Grantee Agency. Subject to the terms of this Agreement, 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 of omission of its officers, members, 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 Agreement shall be resolved so as to maintain Service Provider's status as an independent contractor. 13. INDEMNIFICATION. SERVICE PROVIDER AGREES TO DEFEND, INDEMMFY, AND HOLD THE GRANTEE A GENCY, ITS OFFICERS, A GENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LA WSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCL UDING, B UT NOT LIMITED TD, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESSAND ANYRESULTING LOST PR OFITS) AND/OR PERSONAL INJUR Y, INCL UDING DEA TH, THA T MA Y RELA TE TO, ARISE OUT OF OR BE OCCASIONED BY (i) SERVICE PROVIDER'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF SERVICE PROVIDER, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CIT� OR SUBCONTRACTORS, RELATED TO DIAMOND HILL CONNECTION AFTER SCHDOL PROGRAM OR THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE GRANTEE AGENCY, ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH SERVICE PROVIDER AND GRANTEE AGENCY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARA7�'IVELF IN - � _ . . . _ ;. . _ � � Ja'��� � ;.� [ �,,� �, Page 3 of 6 �r���";�i ,;�1>!'!? !''`I �';� i� �' � ; J �I�� ..����:���`�� J'?�', �__._._ --__��_�-� . ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE GRANTEE AGENCY'S GOVERNMENTAL IMMUNITYAS FURTHER PROVIDED BY THE LAWS OF TEXAS. 14. ASSIGNMENT. Service Provider shall not assign, subcontract, sublet, or transfer any or all of its rights or responsibilities under this Agreement and any attempted assignment, subtract, sublease, or transfer of all or any part hereof shall immediately terminate this Agreement. 15. INSURANCE. During the term of this Agreement, Service Provider shall maintain in full force and effect, at its own cost and expense, insurance coverage in the amount required by the Grantee Agency. It is agreed between the Service Provider and the Grantee Agency that the Service Provider shall secure and furnish the Grantee Agency with a CERTIFICATE OF LIABILITY INSURANCE which will remain in full force and effect during the term of this Agreement 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 Worker's Compensation coverage for each accident. The CERTIFICATE OF LIABILITY INSURANCE shall list the Service Provider as the insured and the "City of Fort Worth, TX, its officers, agents, and employees" an additional insured. 16. PARENT/GUARDIAN PERMISSION FORMS. Service Provider shall 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 state courts located in Tarrant County, Texas, or the United States District Court for Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 18. FORCE MAJURE. 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 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, HOMELAND SECURITY. If the United States Department of Homeland Security issues a Level Orange or Level Red Alert, the City, in its sole discretion, may close or postpone the opening of the community centers in the interest of public safety. Page 4 of 6 20. 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, illegal, or unenforceable by a federal or state agency, board, court, 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. 21. NOTICES. Any notice pro�ided for or permitted under this Agreement shall be made in writing and may be given or served by (i) delivering the same in person to the party to be notified, or (ii) depositing the same in the mail, postage prepaid, certified with return receipt requested, and addressed to the party to be notified, or (iii) sending by telecopy, with a copy thereof sent by registered mail on the same day. If notice is deposited in the mail pursuant to (ii) or (iii) of this Section 16, it will be effective upon receipt or refusal. For the purpose of notice, the addresses of the parties are, until changed as provided below, as follows: GRANTEE AGENCY: SERVICE PROVIDER: City of Fort Worth YMCA of Metropolitan Fort Worth Parks and Community Services Department 540 Lamar St. Northeast Region Fort Worth TX 76102 4200 S. Freeway, Ste 2200 Fort Worth, TX 76115 WITH COPY TO: City of Fort Worth Assistant City Attorney 1000 Throckmorton Fort Worth, TX 76102 However, the parties may from time to time change their respective addresses, and each shall have the right to specify as its address any� other address upon at least ten days written notice to the other party. 22. NONDISCRIMINATION. The Grantee Agency and Service Provider agree that in the execution, performance, or attempted performance of this Agreement, they will not discriminate against any person or persons because of race, age, gender, religion, color, sexual orientation, national origin, or disability. 23. WAIVER OF DEFAULT. No waiver by the parties hereto of any default or breach or the failure to insist upon the performance of any term, condition, provisions or covenant of this Agreement shall be deemed to be a waiver or relinquishment to any extent of any other breach of the same or any other term, condition, provision, or covenant contained herein or the right of the parties to assert or rely upon any such term. Page 5 of 6 24. SUBCONTRACTING. Service Provider shall not.assign or subcontract any of its rights or responsibilities under this Agreement without prior formal written amendment to this Agreement properly executed by the Grantee Agency and Service Provider. 25. SOLE AGREEMENT. This written instrument and any attached exhibits constitutes the entire agreement by the parties hereto concerning the work and services to be performed and any prior or contemporaneous, oral or written agreement, which purports to vary from the terms hereof, shall be void. 26. AMENDMENT. No amendment, modification or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the parties hereto. 27. SECTION HEADINGS. The section headings contained in this Agreement are for convenience in reference only and are not intended to define or limit the scope of any provision of this Agreement. 28. PARTIES BOUND. This Agreement shall be binding upon the successors and assigns of both parties in like manner as upon the original parties. 29. SIGNATURE AUTHORITY. Service Provider certifies that the person signing this Agreement has been properly delegated this authority. IN WITNESS WHEREOF, the parties hereto have executed this Agreement and �n',�1 �ttachments exhibits in multiples in Fort Worth, Tarrant County, Texas, the oLU�" ' day of i , 200,�. .� � CITY OF FORT WORTH - � gy;! —�%-�i- �� � �_ �Libby V�a son Assistant City Manager ATTEST: �� . City Secre ry YMCA OF METROPOLITAN FORT WORTH By: c�C� Susan Wilco Chief Financial Officer APPROVED AS TO FORM AND LEGALITY: By: Assistant Cit ttorney Page 6 of 6 V��� �- Zl�S7 C� ��qt� � �,. `. �� �; c� �� � �'j �; ;1,'�:1. :y: � �_ �� .�,. '� �.j " : ;� r r> .^. i ��u �U���! .��5�� I� �`���°1`(1 � u c � V �u�:1� ?� i.n 15�1J j� ���� ? � ,,:�, r I! � ^. . .. :: � �11�I � U I G'u c City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/6/2007 - Ordinance No. 17394-02-2007 DATE: Tuesday, February 06, 2007 � LOG NAME: 80DIAMOND3AMEND REFERENCE NO.: �*C-21961 SUBJECT: Approval of a Correction of M&C C-21457 for the Application and Acceptance of a Grant from the Criminal Justice Division of th� Office of the Governor of Texas to Operate the Diamond Hill Coalition After-School Program with YMCA of Metropolitan Fort Worth and Camp Fire USA First Texas Council and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Approve the coITection of M&C C-21457 for the application and acceptance of a�rant from the Criminal Justice Division of the O�ce of the Governor of Texas to operate the DiamDnd Hilf Coalition After-School Program with YMCA of Metropolitan Fort Worth in the amount of $52,410 and Camp Fire USA First Texas Council in the amount of $25,812. � 2. Adopt Appropriation Ordinance increasing estimated receipts and appropriations in the grants fund in the amount of $78,222, subject to receipt of the Grant from Crimina! Justice Division of the Office of the Governor of Texas. � bISCUSSIOf�• On May 16, 2006, (M&C C-21457j the City Council authorized the application and acceptance of a grant in the amount of $78,222 from the Cri,minal Justice Division of the Office of the Governor of Texas, The Parks and Community Services Department submitted the proposal for the Diamond Hill Coalition After-School Program i� collaboration with the YMCA of Metropolitan Fort Worth and Camp Fire USA First Texas Council. This grant application represents year three of the three-year continuation program. Year three will run September 1, 2006 through August 31, 2007. In the original M&C G-21457, the City Council authorized 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 $52,025; and Camp Fire USA First Texas Council in an amount not to exceed $26,197 to conduct the Diamond Hill Coalition After-School Frogram. An amendment to M�C C-21457 is necessary because the actual grant award received from the Criminal Justice Division of the Office of the Govemor of Texas, dated October 5, 2006 per agency was changed. It awarded YMCA of Metropolitan Fort Worth an amount not to exceed $52,410; and Camp Fire USA First Texas Council an amount not to exceed $25,812 to conduct the Diamond Hill Coalition After- School Program. The Diamond Hill Coalition After-Schoof Program is located in COUNCIL DISTRICT 2. Logname: 80DIAMOND3AMEND Page 1 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies funds are available in the current operating budget, as appropriated of the Grants Fund. TO Fund/Account/Centers GR76 451644 080202105000 GR76 539120 080202105010 GR76 539120 080202105020 $78.22�.00 $52,410.00 $25,812.00 FROM FundlAccount/Centers Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Melody Mitchell (Acting) (5704) Additional Information Contact: Mark, Woolsey (Acting) (5714) T.nnnamP• R(1T�TAA�((1NTl�AA�TFNTI PaaP 7 nf')