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HomeMy WebLinkAboutContract 34375 CITY SECRETARY CONTRACT NO. NEIGHBORHOOD PARK DEVELOPMENT GRANT GRANT AGREEMENT This Grant Agreement is hereby entered into by and 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") acting by and through the City Project Manager of the Parks and Community Services Department (hereinafter referred to as "City Project Manager") and the Stone Creek Addition Homeowners Association, Inc. hereafter referred to as "Grantee", acting by and through Michaelann Bush. SECTION 1. The purpose of this grant is to assist the Grantee with the development of Stonecreek Park by way of constructing a playground. Maximum grant funding for this project is allocated at $25,000.00, which must be matched by the Grantee in in-kind cash and/or donations of labor and materials. SECTION 2. All funds must be used for the purpose stated in the Neighborhood Park Development Grant Program application as submitted, and attached hereto as Exhibit "A." Any modification to the Grant Program must be requested in writing and approved by the City Project Manager. SECTION 3. Grantee must commit to the entire balance of funds necessary to complete the budget as proposed in the grant application. SECTION 4. The grant will be paid on a reimbursement basis by the City of Fort Worth. The Grantee will be responsible for a match of not less than $25,000.00 in cash purchases and $12,000.00 in in-kind services and donations. The Grantee will be responsible for providing proof of payment of all purchases and in-kind contributions equal to the total cost of this project. SECTION 5. Accounting records must be supported by source documentation including cancelled checks, paid bills, payrolls, time and attendance records, and contract documents. This includes documentation of third party in-kind contribution. SECTION 6. The Grantee must provide the City with a resolution or letter from the respective governing body authorizing its representative to execute agreements associated with this grant and committing that organization/association to its share of the cost of the project as proposed in the grant application. SECTION 7. Grantee must use generally accepted procedures for qualifying bids. Costs for goods and services should not exceed estimates outlined in the grant application as submitted unless approved by the City's Project Manager. All purchases of goods and services must have prior approval from the assigned Project Manager from the City. SECTION 8. The Grantee is responsible for submitting proper documentation for reimbursement within 60 days of the project completion or before December 30, 2007, whichever comes first. SECTION 9. Records must be retained for three years following conclusion of the project and after other pending matters are closed. Grantee must provide City Project Manager with the current record holders name, address and phone number. SECTION 10. Grantee agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the Architect involving transactions relating to this Agreement. Grantee agrees that the City shall have access during normal working hours to all necessary Grantee facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Grantee reasonable advance notice of intended audits. Grantee further agrees to include in all its subcontracts (or subconsultant) hereunder a provision to the effect that the subconsultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subconsultant reasonable advance notice of intended audits. Grantee shall require its subcontractors (or its subconsultants) to agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Grantee and subcontractors (or subconsultants) for the costs of copies at the rate published in the Texas Administrative Code. If the audit discloses overcharges of any nature by Grantee in excess of 5% or the total contract cost, Grantee shall pay the reasonable cost of the City's audit, together with such overcharges as may be disclosed by the audit. Notwithstanding anything to the contrary herein, this Section 10 shall survive expiration or earlier termination of this Agreement. SECTION 11. GRANTEE 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) GRANTEE'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF GRANTEE, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THE PROJECT OR THE PERFORMANCE OF THIS AGREEMENT, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPL Y TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH GRANTEE 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. IF MORE THAN ONE GRANTEE IS NAMED UNDER THIS AGREEMENT,THE OBLIGATION OF ALL SUCH GRANTEES SHALL BE,AND IS JOINT AND SEVERAL. Grantee covenants and agrees that City shall in no way nor under any circumstances be responsible for any property belonging to Grantee, its members, employees, agents, Grantees, subcontractors, invitees, licensees, or trespassers, which may be stolen, destroyed, or in any way damaged, and Grantee hereby indemnifies and holds harmless City from and against any and all such claims. The City does not guarantee police protection and will not be liable for any loss or damage sustained by Grantee, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on any of the premises. SECTION 12. Grantee shall require any contractor or subcontractor, consultant or subconsultant to obtain and maintain the following types of insurance and limits of coverage of contractor(s) and professionals during the project's development, design and construction: (a) Worker's Compensation. Grantee shall require its contractor(s)to obtain and maintain statutory worker's compensation insurance and business automobile liability insurance($1,000,000 limit)during any construction work. Grantee shall require its contractor(s) to cover its subcontractors on its (their) policies or shall require the subcontractors to obtain and maintain statutory worker's compensation coverage and business automobile liability insurance($1,000,000 limit). (b) Professional Liability Insurance. Grantee shall require any architects and/or engineers providing professional services for the development, design and/or construction management of the facility on the Leased Premises to obtain and/or maintain professional liability insurance at a limit of not less than $1,000,000. Since this type of coverage is obtained on a"claims-made"basis,the professional(s) will maintain coverage continuously for a period of not less than two years after acceptance of the project. (c) Commercial General Liability. Grantee shall require its contractor(s) to obtain commercial general liability insurance at a limit of not less than $1,000,000 per occurrence. (d) Builders Risk. Grantee or its general contractor shall carry builder's risk property insurance on the facility throughout the construction period. (e) Certificates of Insurance. Grantee shall furnish the City Project Manager with certificates of insurance evidencing the insurance coverages required by this Section prior to commencement of any construction on the Leased Premises. Grantee's contractor(s) and/or professionals shall name the City, its officers, agents and employees as additional insureds on relevant policies and obtain such coverage through insurance companies admitted or approved to issue the coverage in the State of Texas with an AM Best rating of A:VII. Grantee shall require its contractor(s) to waive subrogation rights for loss or damage against the City, its officers, agents, and employees for personal injury(including death), property damage, or any other loss. City shall have no responsibility for any costs associated with the required insurance. SECTION 13. Article 9. Grantee agrees that if it is a charitable organization, corporations, entity or individual enterprise having, claiming or entitled to any immunity, exemption (statutory or otherwise) or limitation from and against liability for damage or injury to property or persons under the provisions of the Charitable Immunity and Liability Act of 1987, C.P.R.C., § 84.001 et seq., or other applicable law, that Grantee hereby expressly waives its right to assert or plead defensively any such immunity or limitation of liability as against City. SECTION 14. Grantee shall comply with all federal, state and local laws, rules and regulations as, well as with all regulations, restrictions and requirements of the police, fire and health departments now or hereafter in effect which are applicable to its operations. Grantee shall obtain and keep in effect at its own cost and expense all licenses, permits, and taxes incurred or required in connection with this Agreement and its operations hereunder. SECTION 15. All alterations, additions and improvements to City property made with the written consent of the City Project Manager shall, upon completion and acceptance by the City, become the property of the City. Grantee may be required to remove, at its expense, any alterations, additions or improvements not meeting specifications as approved by the City. The City reserves the right to modify any improvements made by the Grantee at the Park as determined necessary by the City Project Manager should any of the following occur: a. The area becomes a hazard to the general public; b. The City Project Manager determines in his sole discretion, that another beneficial use for the general public exists; or C. The City determines in its sole discretion, to make use of the area for the installation of any public improvements. SECTION 16. Grantee agrees that it shall do no act nor make any contract that may create or be the foundation for any lien upon or interest in the City's park property, and any such contract or lien attempted to be created shall be void. Should any purported lien on City park property be created or filed, Grantee, at its sole expense, shall liquidate and discharge same within ten (10) days after notice from City to do so. SECTION 17. Either party may terminate this Agreement without cause by the giving of thirty (30) days notice in writing to the other party. In the event Grantee fails to comply with any of the terms and conditions of this Agreement, City shall have the right, and without notice, to declare this Agreement immediately terminated and to enter into and take full possession of the premises save and except such personal property and equipment as may be owned by Grantee. In the event of such cancellation of this Agreement by the City, all rights and privileges of the Grantee hereunder shall cease and terminate and Grantee shall immediately vacate the premises. Upon termination, the parties shall be released from all obligations contained in this Agreement except for the indemnification requirements found in Section 11 of this Agreement. Termination notice shall be considered rendered when placed in the United States Postal Service for delivery to the other party. Termination notice shall be considered rendered when placed in the United States Postal Service for delivery to the other party. SECTION 18. Any notice required shall be sufficient if deposited in the U.S. Mail, postage prepaid and addressed to the other party as follows: CITY City of Fort Worth Parks and Community Services City Project Manager 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115 With copy to: Benita Harper Assistant City Attorney 1000 Throckmorton Street Fort Worth, Texas 76102 GRANTEE: Mailing of all notices pursuant to this Section shall be deemed sufficient if mailed postage prepaid and addressed as specified above, unless either party has been notified in writing of any changes. All time periods related to any notice requirements specified in this Agreement shall commence either on the date notice is mailed, or on the date notice is received by the party to whom it is sent, depending on the terms specified in the Section requiring the notice. SECTION 19. Plans for all work shall be submitted to the City not less than 30 days prior to construction or installation. No work shall commence until approval has been granted by the City. Any work in progress prior to approval may be stopped and subject to removal and replacement. If a Grantee materially fails to comply with any term of this Agreement, the City may temporarily withhold cash payments pending correction of the deficiency by Grantee, disallow all or part of the cost of the activity or action not in compliance, wholly or partly suspend or terminate the current award with Grantee, withhold further awards for the program, demand repayment of cash advances or take other legally available remedies. SECTION 20. The City reserves the right to demand repayment of grant funds due to insufficient match on the part of Grantee, disallow cost items, or termination of all or part of the proj ect. SECTION 21. The Grantee shall commence, carry on, and provide such services in accordance with this Agreement and its attachments and all applicable laws. In providing such services, the Grantee shall take such steps as are appropriate to ensure that the work involved is properly coordinated with any related work performed by the City. SECTION 22. In the event that any City-owned property, such as utilities, equipment, turf, etc., are damaged or destroyed during installation or improvements due to negligence or acts or omissions of the Grantee, the Grantee shall be responsible for all repairs or replacements. SECTION 23. All alterations, additions and improvements to City property made with the written consent of the City Project Manager shall, upon completion and acceptance by the City, become the property of the City. Grantee may be required to remove, at its expense, any alterations, additions or improvements not meeting specifications as approved by the City. SECTION 24. City does not relinquish the right to control the management of the Premises, or the right to enforce all necessary and proper rules for the management and operation of the same. City through its Manager, Parks and Community Services City Project Manager, police and fire personnel, and other designated representatives, has the right at any time to enter any portion of the Premises (without causing or constituting a termination of the use or an interference of the use of the Premises by the Grantee) for the purpose of inspecting and maintaining the same and doing any and all activities necessary for the proper conduct and operation of public property; provided this shall not authorize or empower City to direct the activities of the Grantee or assume liability for Grantee's activities. SECTION 25. In the event it is determined that the Grantee has misused, misapplied or misappropriated all or any part of the funds provided hereunder, Grantee agrees to indemnify, hold harmless and defend the City of Fort Worth, its officers, agents, servants, and employees, from and against any and all claims or suits resulting from such misuse, misapplication or misappropriation. SECTION 26. The Grantee agrees to comply with all the design parameters and product specifications as determined by the representative of the PACSD, or his designee. The City reserves the right to withhold grant funding for use on non-approved goods and services. SECTION 27. Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the parties hereunder are declared to be for the benefit of and binding on their respective successors, representatives and permitted assigns, if any. SECTION 28. It is agreed that in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained, provided however, that the invalidity of any such covenant, condition or provision does not materially prejudice either Grantee or City in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this agreement. SECTION 29. This written instrument constitutes the entire Agreement by the parties hereto concerning this Agreement and the obligations of the parties and any prior or contemporaneous oral or written agreement that purports to vary from the terms hereof shall be void. This Agreement cannot be modified or amended without the written consent of all the parties hereto and attached and made a part of this Agreement. SECTION 30. The waiver by the City of any default or breach of a term, covenant or condition of this Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or condition or any other term, covenant or condition of this Agreement, regardless of when the breach occurred. SECTION 31. This Agreement shall be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this License Agreement shall be in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. SECTION 32. Grantee agrees that it will not subcontract or assign all or any part of its rights, privileges or duties hereunder without the prior written consent of the City Project Manager and any attempted subcontract or assignment of same without such prior consent of the City Project Manager shall be void. This Agreement is executed in Tarrant County, Texas, this C,?dA day of Mj�& , 2006. Stone Creek Addition Homeowners Association, Inc., Grantee Michaelann Bush, Stone Creek Addition Homeowners Association, Inc. CI OF FORT WORTH, Grantor Cam' Libby atson, Assistant City Manager Attested By; fit APPROVED AS TO ��Z[arty Hen ' FORM AND LEGAL T City Secretary ASE08TANT CITY &ffTORNEY Con I act Authorization - ( -a. .( Date City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/26/2006 - Ordinance No. 17210-09-2006 DATE: Tuesday, September 26, 2006 LOG NAME: 80NPDGRANT REFERENCE NO.: G-15426 SUBJECT: Approve the Transfer of $138,780.00 from the Gas Royalties Fund for the Neighborhood Park Development Grant Program and Adopt the Appropriation Ordinance i RECOMMENDATION: It is recommended that the City Council: 1. Approve the transfer of $138,780 from the Gas Royalties Fund for the FY 2005-06 Neighborhood Parks Development Grant; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $138,780 in the Park Gas Lease Unspecified Fund from the Gas Well Royalty Revenues. DISCUSSION: The FY 2002-03 Budget provided $100,000.00 for a Neighborhood Park Development Grant Program that funded improvements at 10 sites. The goals of the program were to leverage private community resources with City funds to provide neighborhood park improvements and to instill a sense of neighborhood involvement and ownership in the development or replacement of neighborhood park facilities. Based on the success of this program, funding was provided in the FY2005-06 Budget to partially fund a position to oversee the administration of this program. Of the $138,780.00 appropriated, $24,744.00 is allocated for the Project Management of this program. On January 24, 2006, staff from the Parks and Community Service Department (PACSD) presented the Neighborhood Park Development Grant Program to the City Council Environmental/Neighborhood and Community Services Committee. The program was discussed and staff was directed to proceed according to the proposed schedule. The marketing of the program began on February 21, 2006 with an e-mail blast using the City's Neighborhood Office database of records. Brochures, fliers, mail outs and advertisements in the City Page were used in conjunction with e-mail blasts. These advertising tools helped to explain the program requirements and to give notices for application deadlines. On June 1, 2006, the Neighborhood Parks Development Grant Committee comprised of representatives from the League of Neighborhoods, the Planning Department, PACS Advisory Board and PACS staff met, reviewed, scored and ranked the fourteen applications received. The following eight applications totaling $114,037 were recommended for a 2005-2006 Neighborhood Park Development Grant Award: Tier One: Eastover Park $21,340.00 Stonecreek Park $25,000.00 Logname: 80NPDGRANT Page 1 of 2 Tillery Park $25,000.00 Tier Two: Sunset Hills Park $10,375.00 Tier Three: Delga Park $7,500.00 Settlement Plaza $8,851.00 Monticello Park $7,200.00 Blue Bonnet Circle $8,771.00 Project Management $24,744.00 Total $138,781.00 Six grant applications totaling $88,795 were not recommended for funding due to lack of cash verification, failure to provide supporting documentation and overall incompleteness. On July 26, 2006, staff presented its recommendation to the Parks and Community Services Advisory Board. The Board recommended approval of all eight applications containing projects that range from the addition of park benches to the rehabilitation of existing tennis courts. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Park Gas Lease Project Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C282 541600 801929990100 $138,780.00 C282 446200 801929990100 $138,780.00 Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Randle Harwood (Acting) (5704) Additional Information Contact: Randle Harwood (Acting) (5704) Logname: 80NPDGRANT Page 2 of 2