HomeMy WebLinkAboutContract 37164CONTRACT
BETWEEN THE
CITY OF FORT WORTH
CITY ,f1SECRETARY I
CON c !-,; :% f,�Njo . (o
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, Parker, and Wise Counties, Texas,
(hereinafter referred to as "City") and the CAMP FIRE USA FIRST TEXAS COUNCIL, a
Texas nonprofit corporation (hereinafter referred to as "Camp Fire").
1. PURPOSE. The purpose of this Agreement between the City and the Camp Fire is to
implement the Diamond Hill Coalition After -School Program (the Program).
2. TERM. The term of this Agreement shall commence on December 1, 2007 and
end on May 31, 2008, unless terminated as otherwise provided for in this Agreement.
4. RECORDS. 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 the City of Fort Worth.
5. RESPONSIBLITIES OF THE CAMP FIRE. The Camp Fire 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 forth in this agreement. The
programs shall be provided at Diamond Hill Community Center located at 1701 NE 36" St, Fort
Worth, TX. 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 these requirements, the Camp Fire will provide to the City 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 Camp Fire staff that reflects the
actual activity for each day.
C. Lesson plans by date for each staff member during the month.
These reports shall be received by the City prior to payment to Camp Fire.
Pre- and post -surveys shall be performed on all participants. Camp Fire 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 City. This report s1�11 ' e
provided to the City at the end of the period.
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6. PAYMENT. The total amount of the payment from the City to the Camp Fire shall not
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exceed the total amount of $12,000.00
Payment will be made to the Camp Fire as follows:
Camp Fire shall provide a monthly invoice to the City for reimbursement of services
provided to the Program. Payment will be processed monthly by the City following
receipt of the monthly invoice from the Camp Fire.
Billing for the services provided by the Camp Fire per the terms of the Agreement will be
provided to the City and shall consist of a brief, vet detailed, statement of service or other
items provided and the basis for the billing rate.
The City has 60 days after the end of the Agreement to process all invoices. As a result,
all invoices from the Camp Fire shall be provided to City by November 30, 2008. 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
by the Camp Fire, the City may cancel or suspend the Agreement and the Camp Fire 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. Camp Fire shall comply with all licenses, legal certifications, or
inspections required for the services, facilities, equipment, or materials and all applicable state
and federal laws and local ordinances. Failure to comply with this requirement shall be treated
as a default.
9. TERNIINATION. This Agreement shall automatically terminate on the expiration
date. All services billed hereunder must be rendered within the stated period.
10. ADDITIONAL PROVISIONS. Any additional provisions desired by the parties
shall be enumerated and executed by the City and the Camp Fire in writing and made a part of
this Agreement by Amendment.
11. FUNDING. If for any reason, at any time during any term of this Agreement, the City
Council fails to appropriate funds sufficient for the City to fulfill its obligations under this
Agreement, the City may terminate this Agreement to be effective on the later of (i) thirty (30)
days following delivery by the City to Camp Fire of written notice of the City's intention to
terminate or (ii) the last date for which funding has been appropriated by the City Council for the
purposes set forth in this Agreement.
12. INDEPENDENT CONTRACTOR. Camp Fire shall operate under thi
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 City. Subjp t t the
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terms of this Agreement, Camp Fire shall have the right to control the details of performance
hereunder. City and Camp Fire agree that the doctrine of respondent superior shall not apply as
between City and Camp Fire and that Camp Fire 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
City and Camp Fire. In the event of a dispute, any doubt as to the construction of this
Agreement shall be resolved so as to maintain Camp Fire's status as an independent contractor.
13. INDEMNIFICATION. CAMP FIRE AGREES TO DEFEND, INDEMNIFY,
AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES,
HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND
EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR
PROPERTY DAMAGE OR LOSS (INCLUDING 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
OCCASIONED BY (i) CAMP FIRE'S BREACH OF ANY OF THE TERMS OR
PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR
INTENTIONAL MISCONDUCT OF CAMP FIRE, ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITI) OR
SUBCONTRACTORS, RELATED TO DIAMOND HILL COALITION AFTER SCHOOL
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 CITY, ITS
OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE
EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH CAMP FIRE AND
CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS NOTHING HEREIN
SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL
IMMUNITYAS FURTHER PROVIDED BY THE LAWS OF TEXAS.
14. ASSIGNMENT. Camp Fire 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, Camp Fire shall maintain in
full force and effect, at its own cost and expense, insurance coverage in the amount required by
the City. It is agreed between the Camp Fire and the City that the Camp Fire shall secure and
furnish the City 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 Camp Fire as the insured and the "City of Fort Worth,
TX, its officers, agents, and employees" an additional insured.
16. PARENT/GUARDIAN PERNIISSION FORMS. Camp Fire shall require all parents
and/or guardians of minor participants in the Program to sign a form indicating that the minor
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participant has permission to participate in the Program. Said form shall be approved by the City
before commencement of any Program by the Camp Fire.
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 MAJIJRE. 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.
20. SEVERASILITY. 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 parry to be
notified, or (ii) depositing the same in the mail, postage prepaid, certified with return receipt
requested, and addressed to the parry 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:
CITY:
City of Fort Worth
Parks and Community Services Department
Northeast Region
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
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CAMP FIRE:
Camp Fire USA
First Texas Council
2700 Meacham Blvd.
Fort Worth TX 76137
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 City and Camp Fire 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.
24. SUBCONTRACTING. Camp Fire 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 City and Camp Fire.
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. Camp Fire certifies that the person signing this
Agreement has been properly delegated this authority. _�_
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement and any attachments
and exhibits in multiples in Fort Worth, Tarrant County, Texas, this the day of
20080
CITY OF FORT WORTH
B�
ATTEST:
CAMP FIRE USA
FIRST TEXAS COUNCIL
By:
Zem Neill
President/CEO
APPROVED AS TO FORM
AND LEGALITY:
By:
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Lilt
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/26/2008 -Ord. No. 17998-02-2008
DATE: Tuesday, February 26, 2008
LOG NAME: 80DHILLCOTEA REFERENCE NO.: G-16066
SUBJECT:
Authorization to Apply for and, if Awarded, Accept a Grant from the Texas Education Agency to
Fund the Diamond Hill Coalition After -School Program; Authorize City Manager to Designate
Authorized Official; Authorize Execution of Contracts with the 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. Authorize the City Manager to apply for and accept, if awarded, a grant in the amount of up to $78,500
from the Texas Education Agency to operate the Diamond Hill Coalition After -School Program for the 2007-
2008 program year;
2. Authorize the City Manager to designate an Assistant City Manager as the authorized official for the
Diamond Hill Coalition After -School Program to accept, reject, or alter the grant, if awarded;
3. Authorize the City Manager, contingent upon receipt of the grant award, to execute contracts with the
YMCA of Metropolitan Fort Worth and Camp Fire USA First Texas Council to conduct the Diamond Hill
Coalition After -School Program; and
4. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the
Grant Fund by $78,500, subject to receipt of the grant.
DISCUSSION:
On March 23, 2004, (M&C G-14308) the City Council authorized the application for and acceptance of a
grant in the amount of $130,370 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 collaboration with the YMCA of Metropolitan Fort Worth and Camp Fire
USA First Texas Council. That grant began a three year funding cycle under the auspices of the Safe and
Drug -Free Schools and Communities Act Fund. On August 21, 2007 (M&C G-15835), the City Council
authorized applying for a new grant from the Criminal Justice Division; and because that grant application
was not awarded, a separate grant application is being submitted to the Texas Education Agency.
The Diamond Hill Coalition After -School Program has provided supervised after -school educational, cultural
and recreational activities for middle and high school age youth since 1996 and is designed to promote
school attendance, discipline and learning. A major function of the program is to provide participants with
the skills needed to improve their academic competency in reading, writing and mathematics. With this
continuation grant, the program will serve youth ages ten through seventeen.
The Diamond Hill Coalition After -School Program is located in COUNCIL DISTRICT 2.
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 4/23/2008
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and receipt of the grant,
funds will be available in the Grant Fund.
TO Fund/AccounuCenters
Submitted for City Manager's Office by;
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Carl Smart, Acting Assistant City Manager (6183)
Richard Zavala (5704)
Melody Mitchell (5718)
http://apps.cfwnet.org/council�acket!Reports/mc�rint.asp 4/23/2008