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CONTRACT
BETWEEN THE
CITY OF FORT WORTH
AND
CAMP FIRE USA FIRST TEXAS COUNCIL
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, Parlcer, and Wise Counties, Texas,
(hereinafter referred to as "Grantee Agency") and the CAMP FIRE USA FIRST TEXAS
COUNCIL, a Texas nonprofit corporation (hereinafter referred to as "Service Provider").
1. PURPOSE. The purpose of this Agreement between the Grantee Agency and the
Seivice 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 Seivice 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 Unifor��n Gr�ant and Agf•eement
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
lcept.
Records shall be retained for at least tlu�ee (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 worlc, 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 pr•ograms shall be provided at the Diamond Hill
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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 diug and gang involvement.
In order to comply with the requirements of the Grant, the Seivice 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 $25,812.00.
Payment will be made to the Service Provider as follows:
Seivice Provideis shall provide a monthly invoice to the Grantee Agency for
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
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and federal laws and local ordinances. Failure to comply with this requirement shall be treated
as a default.
9. T�RMINATION. 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 perfoimance hei•eunder. . Grantee Agency and Service Provider agree that the doctrine of
respondent superior shall not apply as between Gi•antee 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,
INDEMNIFY, AND HOLD THE GRANTEE A GENCY, ITS OFFICERS, A GENTS
SER VANTS AND EMPL O YEES, HARMLESS A GAINST ANY AND ALL CLAIMS,
LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCLUDING, BUT
NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCL UDING
ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST
PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE
TO, ARISE OUT OF OR BE OCCASIDNED 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 MISCOND UCT OF SER i�ICE
PROVIDER, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS
(OTHER THAN THE CIT� OR SUBCONTRACTORS, RELATED TO DIAMOND HILL
CONNECTION AFTER SCHOOL PROGRAM OR THE PERFORMANCE OF TI�7S
AGREEMENT; EXCEPT THAT THE INDEMNITY PROi�IDED 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 COMPARATIVELY IN
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ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN
SHALL BE CONSTR UED AS A Wf1IVER OF THE GRANTEE A GENCY'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 Pi•ovider 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 Seivice 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 Worlcer'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; strilces; 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.
s19. HOMELAND SECURITY. If the United States Department of Homeland Security
issues a Level Oran�e 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.
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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 provided 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 Camp Fire USA
Parl<s and Community Services Department First Texas Council
Northeast Region 2700 Meacham Blvd.
4200 S. Freeway, Ste 2200 Fort Worth TX 76137
Fort Worth, TX 76115
WITH COPY TO:
City of Fort Worth
Assistant City Attorney
1000 Throcicmorton
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.
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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 lilce manner as upon the original parties.
29. SIGNATURE AUTHORITY. Service Provider certifies that the peison signing
this Agreement has been properly delegated this authority.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement and n ttachments
a d exhibits in multiples in Fort Worth, Tarrant County, Texas, the ��,�day of
, 200,� �
CITY OF FORT WORTH '
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By: �
Libby atson
Assistant City Manager
ATTEST:
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City Secreta
CAMP FIRE USA
FIRST TEXAS COUNCIL
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By: C� �-�--�
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Zem Neill
President/CEO
APPROVED AS TO FORM
AND LEGALITY:
By:
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Assistant City A orney
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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 the 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 correction of M&C C-21457 for the application and acceptance of a�rant from the Criminal
Justice Division of the Of�ice of the Governor of Texas to. operate the Diamond 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 fhe grants fund in the
amount of $78,222, subject to receipt of the Grant from Criminal Justice Division of the Office of the
Governor of Texas.
bISCUSSION:
On May 16, 2006, (M&C C-21457) the City Council authorized the application and acceptance of a grant in
the amount of $78,222 from the Criminal 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 in colfaboration with the YMCA of Metropofitan 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
Sepiember 1, 2006 through August 31, 2007.
In the original M&C C-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 Program. .
An amendment to M8�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 Af#er-Schoot Program is (ocated 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 tMe
Grants Fund.
TO Fund/Account/Centers
GR76 451644 080202105000
GR76 539120 080202105010
GR76 539120 080202105020
$78.22Z.00
$52,410.00
$25,812.00
FROM Fund/Account/Centers
Submitted for City Manager's Office bx; Libby Watson (6183)
Originating Department Head: Melody Mitchell (Acting) (5704)
Additional Information Contact: Mark. Woolsey (Acting) (5714)
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