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AGREEMENT BETWEEN
UNITED WAY OF METROPOLITAN TARRANT COUNTY
AND THE C/TY OF FORT WORTH
THIS AGREEMENT ("Agreement") entered into on-11 il.0 , 2007 between
United Way of Metropolitan Tarrant County ("UWMTC"), ac ng by and through Ann
Rice, its duty 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 76102, concerns the provision of professional
services needed to promote FitFuture KIDSFEST, hereinafter referred to as
"KIDSFEST."
WITNESSETH:
WHEREAS, UWMTC wishes to conduct the second annual FitFuture KIDSFEST to
promote health and fitness information; and
WHEREAS, the 2007 FitFuture KIDSFEST will be a free, educational and experiential
county-wide event that will demonstrate ways families can integrate nutritious eating
and physical activity into their daily lives; and
WHEREAS, the City has the capacity to coordinate the KIDSFEST in order to educate
the community about the importance of nutritious eating and physical activity;
NOW THEREFORE, it is agreed as follows:
1. SCOPE OF WORK - The purpose of this Agreement is to outline the assistance and
services desired to conduct the 2007 FitFuture KIDSFEST event.
As determined by the City and in the City's discretion, the following will be perFormed
by the City's Public Health Department staff:
• oversee and direct event planning activities;
• solicit supporting revenues and in kind donations;
• provide fiscal oversight, management and accountability of event revenues and
expenses, and
• operate the KIDSFEST event on Saturday, November 3, 2007 at the Will
Rogers Memorial Center in Fort Worth
City will use the UWMTC funding in collaboration with other corporate and private
solicitations by the FitFuture Steering Committee to community partners for in-kind
services and monetary funds to provide the resources necessary to perform the work
and related initiatives.
2. PERIOD OF PERFORMANCE - This initial term
January 1, 2007 through December 30, 2007. This
FitFuture KIDSFEST Contract
of this Agreement _shall be, from
Agreement may b e�t�r�d�d for
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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 for any reason with 30 days written notice by either
party.
3. COMPENSATION - UWMTC will pay City (CFWPHD) $ 8,286.86 upon execution of
this Agreement. This total amount of $8,286.86 shall be applied to the costs to complete
the Work. Any unspent funds or interest accumulated on the disbursed amount during
the contract period that is remaining at the end of the grant period will revert to the
United Way of Metropolitan Tarrant County. In addition, UWMTC will pay an amount of
six thousand dollars ($6,000.00) to City (Public Events Department) for the use of space
in the Will Rogers Memorial Center for the FitFuture KIDSFEST event and to a selected
insurance underwriter for the required liability insurance for the event.
4. PERFORMANCE — City agrees that CFWPHD will perform the work and services
necessary to complete the Work. City is expected to meet the stated completion date of
February 1, 2008 for execution and settlement of all event costs associated with 2007
FitFuture KIDSFEST.
5. PROJECT MONITOR - Janie McGuigan, Assistant Vice President, UWMTC, 210
East Ninth Street, Fort Worth, Texas 76102, 817-258-8056, imcquigan 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 here under 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. FORCE MAJEURE. 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
FitFuture KIDSFEST Contract 2
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 any of 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.
10 . 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
be excused from performance under this Agreement in the interest of public safety.
11. 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.
12. 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.
13. 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 attachments to the terms
of this Agreement must be in writing and must be approved by each party.
14. 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.
FitFuture KIDSFEST Contract
Signed: (�v",
Date: �
Ann Rice, Se ior Vj.ce P
Signed: 1=,a� ,
Date: � %� - r'; �,
Joe Paniagua, Assista
MTC
Manager, City of Fort Worth
APPROVED AS TO FORM
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Assistant City Attorney � ' �
Attested By:
Marty Hendrix
City Secretary
C��LJo[.`1J
Contract Authorization
Date: � �L.� � (
FitFuture KIDSFEST Contrad
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 3/27/2007 - Ord. No. 17457-03-2007
DATE: Tuesday, March 27, 2007
LOG NAME: 50UW KIDSFEST REFERENCE NO.: **C-22023
SUBJECT:
Authorize Execution of Contract with the United Way of Tarrant County for FitFuture KIDS Fest
Funds and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute one grant contract with the United Way of Tarrant
County and accept funding in the amount of $8,286.86 for the promotion and execution of
the FitFuture KIDS Fest for a period to begin January 1, 2007, and end December 30, 2007
2. Adopt the attached appropriation ordinance increasing appropriations and estimated receipts
by $8,286.86 in the Grant Fund;
3. Waive any indirect costs to allow maximum use of funds towards delivery of this community
event; and
4. Return any interest accrued, resulting from the lump sum payment, to the United Way of
Tarrant County at the end of 2007.
DISCUSSION:
FitFuture is an aggressive community-wide effort to stop the epidemic of overweight and obesity in Tarrant
County. The City of Fort Worth Public Health Department's Health Promotion & Education section/staff will
repeat an educational event aimed at children and their families Saturday, November 3, 2007 entitled
FitFuture KIDS FEST. This event was funded last year through agreement between the City of Fort Worth
and the United Way of Metropolitan Tarrant County on Contract No. 33063, approved by Council on
December 20, 2005 (M&C C-21224).
With our FitFuture partners (United Way, Fort Worth Independent School District, Fort Worth Parks and
Community Services, Tarrant County Public Health, University of North Texas Health Science Center, City
of Arlington Parks and Recreation and the YMCA), we are organizing FitFuture KIDS Fest with a working
budget of $35,000.00 with a majority of the budget being spent on publicity, activities and event logistics
(i.e. insurance, location, audio/visual equipment, rentals, etc...). The Public Health department is again
charged with serving as the fiscal agent for this event and is currently soliciting additional funds and
sponsorships to pay for this activity. Susan Whittenberger is the program manager.
FitFuture KIDS Fest is a free, fun-filled festival to showcase simple ways families can integrate nutritious
eating and physical activity into their daily lives to reduce overweight and obesity in both children and adult
populations. The 2006 event drew 2,135 participants, more than 100 volunteers and 26 vendors while
providing families the opportunity to:
Logname: SOiJW KIDSFEST Page 1 of 2
• participate in healthy cooking demonstrations,
• learn how to grow a healthy vegetable garden,
• sample yoga, fencing, karate, gymnastics, dancing,
• and use technology to make exercise fun and interesting.
This program serves all COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, receipt and acceptance of
the grant and adoption of the attached appropriation ordinance, funds will be available in the current
operating budget, as appropriated in the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 451991 050455081000 8 286.86
GR76 5(VARIOUS) 050455081010 8 286.86
Submitted for City Manager's Office by: Joe Paniagua (6191)
Originating Department Head: Daniel Reimer (7201)
Additional Information Contact: Susan Whittenberger (6658)
Logname: SOLJW KIDSFEST Page 2 of 2