HomeMy WebLinkAboutContract 36667 CITY SECRETARY
CONTRACT NO. WDa
AGREEMENT BETWEEN
UNITED WAY OF METROPOLITAN TARRANT COUNTY
AND THE CITY OF FORT WORTH
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THIS AGREEMENT ("Agreement") entered into on e. , , 2008 between United Way
of Metropolitan Tarrant County ("UWMTC"), acting by and through Ann Rice, its duly authorized
Senior Vice President, whose address is 1500 North Main 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, concerns the provision
of professional services needed to promote FitFuture KIDSFEST , hereinafter referred to as
"KIDFEST."
WITNESSETH:
WHEREAS, UWMTC wishes to conduct the third annual FitFuture KIDSFEST to promote health
and fitness information; and
WHEREAS, the 2008 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 2008 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 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, October 11, 2008 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 Tarrant County 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 of this Agreement shall be from January 1,
2008 through December 31, 2008. This Agreement may be extended for 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 with 30 days written notice by either party.
3. COMPENSATION - UWMTC will pay City $15,284.82 upon execution of this Agreement.
This total amount of $15,284.82 shall be applied to the costs to complete the Work. Any
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02-27-08 A l 0: 34 IN
unspent funds or interest accumulated on the disbursed amount during the contract period that
is remaining at the end of the grant period will be deposited in the City's Special Trust Account
for future KIDS Fest events.
4. PERFORMANCE — City agrees that City's Public Health Department ("CFWPHD") will
perform the work and services necessary to complete the Work. City is expected to meet the
stated completion date of December 31, 2008 for execution and settlement of all event costs
associated with 2008 FitFuture KIDSFEST.
5. PROJECT MONITOR - Pablo Calderon, Assistant Vice President, UWMTC, 1500 North
Main Street, Fort Worth, Texas 76106, 817-258-8056, ncalderon(a)-uwmtc.org will serve as
Project Monitor on this agreement. City will take general guidance and direction in the
performance of the Work from Mr. Calderon or his 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 Mr. Calderon 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 reasonable 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.
Signed 22 ��--�
Date:
Ann Rice, Senior V' a Pre ' 't, UW MTC
Signed:
Date: ,-
Joe Paniagua,,rssistant City Manager, City of Fort Worth
A OV S TO FORM
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Assi nt City torney
Attested By:
O�\ d,�ft �I�
Marty Hendrix
City Secretary
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Contract Authorization
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/26/2008 - Ord. No. 17997-02-2008
DATE: Tuesday, February 26, 2008
LOG NAME: 502008 KIDSFEST REFERENCE NO.: G-16065
SUBJECT:
Authorize Execution of Contract with the United Way of Metropolitan 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 Metropolitan Tarrant
County and accept funding in the amount of $15,284.82 for the promotion and execution of the FitFuture
KIDS Fest for a period to begin January 1, 2008, and end December 31, 2008;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$15,284.82 in the Grant Fund upon execution of the contract;
3. Waive any indirect cost to allow maximum use of funds towards delivery of this community event; and
4. Deposit any interest accrued, resulting from the lump sum payment, to the FitFuture KIDS Fest Special
Trust Account at the end of 2008 to be used for funding of future events.
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 and Education section/staff
will repeat an educational event aimed at children and their families Saturday, October 11, 2008, 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. 35305, approved by Council on March
27, 2007 (M&C C-22023).
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 an estimated
working budget of $35,000, 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 2007 event drew 3,511 participants, more than 200 volunteers and 37 vendors while
providing families the opportunity to:
• Participate in healthy cooking demonstrations; CITY `)M`71HVIUV
Logname: 502008 KIDSFEST Page 1 of 2
• Learn how to grow a healthy vegetable garden;
• Sample yoga, fencing, karate, gymnastics, dancing; and
• Use technology to make exercise fun and interesting.
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 050455251000 $15,284.82
GR76 5(N ARIOUS) 050455251010 $15,284.82
Submitted for City Manager's Office by- Joe Paniagua (392-6191)
Originating Department Head: Daniel Reimer (871-7201)
Additional Information Contact: Susan Whittenberger (871-6658)
Logname: 502008 KIDSFEST Page 2 of 2