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HomeMy WebLinkAboutContract 39840CITY SECRETARLJcia CONTRACT nw,. MEMORANDUM OF UNDERSTANDING BETWEEN SOUTHSIDE YOUTH ASSOCIATION AND CITY OF FORT WORTH AT BERTHA COLLINS SPORTS CENTER The following are the terms of agreement between the Fort Worth Parks and Community Services Department (PACSD) and the Southside Youth Association (SYA) for the use of the Bertha Collins Sports Center. WHEREAS, the Southside Youth Association was formulated as an extension of the Youth Sports Program of the City of Fort Worth designed to offer youth programming aimed at assisting high risk youth break the cycle of poverty; and WHEREAS, the City and the SYA formerly have a relationship that both parties wish to renegotiate and develop new terms for an agreement, and NOW THEREFORE, in consideration of the mutual covenant herein expressed, the City and Southside Youth Association agree as follows: 1. OPERATING RIGHTS AND DUTIES. A. City hereby grants to Contractor the license and non-exclusive right to operate in Bertha Collins Community Center, specifically, the upstairs office, gymnasium and the kitchen (hereinafter referred to as the "Center"), Monday -Friday from 5:00pm to 9:00pm except during City programs, holidays or other activities determined by the City for the purposes of conducting youth team practices, educational sessions, and coaches trainings as part of youth programming aimed at assisting high risk youth break the cycle of poverty through an ongoing educational process of promoting sportsmanship and fair play. The Center is located at 1501 MLK Freeway, Fort Worth, Texas 76104. B. The Center shall operate under the ordinances, rules and regulations of the City of Fort Worth and the Parks and Community Services and in strict accordance with all of the terms and conditions provided for in this Agreement. C. The City shall not be obligated to expend funds over the annual maximum amount allocated for the Center. In the event the annual appropriation is exhausted before the end of the City's budget year, the parties agree to negotiate in good faith concerning any required reduction in resources. If for any reason, at any time during any _term of L - IC AL k LCORD CITY SECRETARY FT. WORTH, TX 1 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 Contractor 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. 2. TERM This amendment agreement shall be for from January 1, 2010 until June 1, 2010 or until the parties have executed a new agreement, whichever occurs earlier. SYA understands and agrees that the City, at its sole option may elect not to execute a new agreement if all revenues and payments due and owing the City are not paid in full by SYA before the end of the amended term. 3. REGISTRATION FEES A. The Contractor shall agree to pay the annual membership fee of $10.00 for youth in order for participants to utilize the Center. B. The Contractor shall agree to pay the Youth Athletic Program fee of $10.00 for each youth in order for participants to participate in the program C. The establishment of fees is within the sole discretion of the Parks and Community Services Department Director. 4. RESPONSIBILITIES OF CONTRACTOR A. It is the responsibility of the Contractor to provide a schedule of practice dates and times to the City two (2) weeks prior to each indoor basketball season. . The winter basketball season starts in January and goes through March. The summer basketball season starts in June and ends in August. B. It is the responsibility of the contractor to also request the use of meeting rooms and provide a schedule as well as a completed Special Event/Equipment Reservation Request Form to the Athletic Coordinator a minimum of two(2) weeks in advance of said meetings. C. Contractor shall provide attendance numbers for both practices and meetings on a weekly basis to the Athletic Coordinator. Southside Youth Association Memorandum of Understanding 2 D. Contractor shall request in writing to the Athletic Coordinator on a Special Event/Equipment Reservation Request Form a minimum of two weeks in advance pertaining to any additional programs or activities not related to the City's Youth Sports Program (herein referred to as "the Program"). E Contractor shall remove and store all equipment at the conclusion of each day's activities. City is not responsible for loss or theft of equipment. F. Contractor shall provide volunteer staff to assist City staff with maintaining and cleaning the Center, including, but not limited to the gym, meeting rooms, kitchen, offices, and storerooms. At a minimum, maintaining and cleaning shall consist of, litter control, sweeping, mopping, dusting, and cleaning windows/glass. G. Contractor shall follow the policy adopted by the Youth Athletic Program for accepting all volunteer coaches into the leagues. Policy: It is the responsibility of the YAP to provide background checks on all coaches before being accepted into the league as a coach. Offenses such as drug related crimes, felonies, assault and or battery, illegal possession of firearms, and physical or sexual abuse will result in termination of the coach from the youth sports program. H. Contractor shall adhere to all policies and procedures set forth by the City, including all program and facility rules and shall assist City staff to ensure that all policies and procedures are followed. I. Contractor shall keep accurate Records of all teams participating at the Center. Upon request by the City, Contractor must supply the City with any Records pertaining to the Center or Program. Records are defined as "team rosters, coaches registrations, and participant birth certificates." J. Contractor shall insure that all participants including coaches and volunteers have current City issued membership cards. K. Contractor shall work with City staff to develop a "Friends organization" relationship whereby the Contractor would utilize funds that are derived from the sell of concessions to make improvements to the Bertha Collins Sports Center as approved by the Director of Parks and Community Services or his/her designee. L. Within five (5) days of the execution of this Agreement, Contractor will provide the City with an inventory list of equipment, furniture, and any other items at the Center not supplied Southside Youth Association Memorandum of Understanding 3 or purchased by the City. Contractor shall provide the City with an amended inventory list with thirty days after any equipment furniture, and any other items are removed from the Center or purchased by the Contractor at any time during the term of this Agreement. This inventory list must be submitted on an annual basis on or before January 31st of each contract year. M. As per the City of Fort Worth and Youth Athletic Program operations manual, players guilty of fighting on the field/court before and during games shall receive a two game suspension. The suspension will include the current game, if in progress, and one additional game. If the fighting occurs after a game, the suspension will be for the next two games. In addition, players/managers/coaches guilty of using profanity, either by word or sign, against other players, coaches, spectators, umpires, league administrators, city officials, or any other person just before, during, or immediately after a game or practice shall receive a warning and/or an ejection from the next game. All such matters shall be promptly reported to the Athletic Coordinator and/or Recreation Programmer. If the aforementioned should occur either during Youth Sport games and/or at Bertha Collins Community Center, the contractor shall be placed on immediate written probation. If such problems persist, the contract shall be subject to termination N. The Contractor shall assist City staff in distributing program evaluations to Bertha Collins Sports Club participants at the conclusion of seasonal sports program. Contractor shall comply with all federal, state, and local laws, regulations and ordinances related to any of its operations of the program. In the event of any noncompliance, Contractor shall immediately correct issue at its own cost and expense. 5. RESPONSIBILITIES OF CITY A. The City will provide facilities when available, for all sport programs and special events. These facilities will include both indoor and outdoor sports. The City shall have the sole responsibility for opening and closing all City facilities as well and determining closures dates and times due to unforeseen circumstances as determined by the Athletic Coordinator. Southside Youth Association Memorandum of Understanding 4 B. The City will provide a part-time Recreation Aide to be the on -site contact for the Center. The City will also provide a Recreation Programmer and Athletic Coordinator to periodically supervise the Center and staff during Center operating hours. C. In an effort to obtain feedback from program participants, the City is required to distribute program evaluations to participants, parents, and volunteer coaches. These evaluations will be distributed four times a year. 6. JOINT RESPONSIBILITIES OF THE CITY AND CONTRACTOR A. The Athletic Coordinator of the City is the primary representative for all correspondence affiliated with the administration and coordination of the Center between the Contractor and the City. B. The City and Contractor shall meet once a month, at a time and place convenient to both parties, to monitor contract compliance. C. Contractor and City employees shall not engage in conduct that could be determined to be detrimental to the public trust. Such conduct shall include, but not be limited to, public intoxication, fighting, criminal activity, illegal drug activity, discourteous treatment of others, slandering or defaming public officials, appointees or staff or any other conduct which could damage or harm the public's perception or trust of the City and any of its officials, appointees or staff. 7. REVENUES AND PAYMENTS A. Contractor shall provide separate accounting reports for all revenues and expenditures to the Athletic Coordinator directly affiliated with the City of Fort Worth Youth Athletics Program. The accounting reports should be submitted infour quarterly installments on the first Monday of October, January, April, and July. B. Contractor shall pay all utility and gas bills, not exceeding $5,000 annually, of the Center associated with the operating hours of the Southside Youth Association as presented to the Contractor by the City. These payments are to be made in four quarterly installments on the first day of October, January, April and July. Payments shall be remitted to Haws Athletic Center at 600 Congress Street, Fort Worth Texas, 76107. Utilities will be evaluated annually to determine payment. Southside Youth Association Memorandum of Understanding 5 8. NONDISCRIMINATION/EQUAL OPPORTUNITY Contractor shall not discriminate on the basis of race, color, creed, religion, sex, age, military status, disability, sexual orientation or national origin in the performance of this Agreement. 9. ASSIGNMENT Contractor may not assign, transfer or otherwise convey any of its rights or obligations under this Agreement to any party without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed, conditioned on (1) the prior approval of the assignee or successor and a finding by the City Council that the proposed assignee or successor is financially capable of completing this Agreement and (2) the proposed assignee or successor has executed a written agreement with the City under which it agrees to assume all covenants and obligations of Contractor under this Agreement, in which case such assignee or successor shall thereafter be deemed "Contractor" for all purposes under this Agreement. 10. INDEPENDENT CONTRACTOR It is expressly understood and agreed that Contractor shall operate as an independent contractor in each and every respect hereunder and not as an agent, representative or employee of the City. Contractor shall have the exclusive right relative to the terms of this Agreement and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. Contractor acknowledges that the doctrine of respondeat superior will not apply as between the City and Contractor, its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. Contractor further agrees that nothing in this Agreement will be construed as the creation of a partnership or joint enterprise between the City and the Contractor. 11. INDEMNITY CONTRACTOR 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 Southside Youth Association Memorandum of Understanding 6 (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) CONTRACTOR'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT 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 OR ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THI4 EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH CONTRACTOR AND CITY RESPONSIBILITY, IF ANY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS 12. INSURANCE During the term of this contract, Contractor shall maintain in full force and effect, at its own cost and expense, the following minimum insurance coverage: A. Commercial General Liability Insurance with no exclusion in policy, naming the City as additional insured, and having the following minimum policy limits: $1,000,000 each occurrence, $1,000,000 annual aggregate limit, with the policy written on an occurrence basis. B. Automobile Liability Insurance with a policy limits of $1,000,000 dollars each accident, or reasonably equivalent split limits approved by the City's Risk Manager. C. Workers Compensation — In the event the contractor hires paid employees, workers compensation shall be required. Statutory worker's compensation insurance with policy endorsed to provide a waiver of subrogation as to City, and Employees' Liability Policy of insurance with coverage of not less than $100,000 each accident, $500,000 Disease -policy limit, and $100,000 disease — each employee. Provided, however, that to the extend permitted by law and approved by City's Risk Management Department, Contractor may provide alternative coverage such as occupational accident insurance in lieu of statutory worker's compensation insurance. The insurer, limits, terms and scope of coverage under such alternative insurance must be acceptable to the City's Risk Management Department. Southside Youth Association Memorandum of Understanding 7 D. Additional Insurance Requirements 1. The City of Fort Worth shall be made an additional insured, by endorsement, on the Contractor's applicable insurance policy or policies, with the exceptions of Contractor's automobile liability insurance and Workers' Compensation. 2. Applicable insurance policies shall be endorsed with a wavier of subrogation in favor of the City. 3. The insurers shall be authorized to do business in the State of Texas or otherwise be approved by the City; and, the Contractor's insurers shall be acceptable to the City as to their financial strength and solvency. 4. The deductible limit on any of the policies shall not exceed $10,000 per occurrence or per accident unless otherwise approved by the City. 5. The City shall be notified a minimum of thirty (30) days prior to insurer action in the event of cancellation, non -renewal, or material change on coverage. The agreement to provide such notice shall be endorsed on the Contractor's policies. 6. Certificates of insurance documenting required coverage shall be provided to the City. A copy of any or all policies shall be provided upon request. 7. In the event that Contractor becomes aware of any damages sustained by third parties, or a claim thereof or occurring at the Licensed Premises, the City shall be notified as soon as possible. 8. All notices provided pursuant to this section shall be provided in accordance with the notice requirements of this contract. 13. NONDISCRIMINATION; DISABILITIES 13.01 SYA for itself, its personal representatives, successors in interest, and assigns, as part of the consideration herein, agrees that no person shall be excluded from participation in or denied the benefits of SYA's use of the Premises on the basis of race age, color, national origin, ethnicity, religion, handicap, gender, sexual orientation, or familial status. SYA further agrees for itself, its personal representatives, successors in interest, and assigns that no person shall be Southside Youth Association Memorandum of Understanding 8 excluded from the provision of any services on the Premises on grounds of race, age, color, national origin, ethnicity, religion, handicap, gender, sexual orientation, or familial status. 14. FORCE MAJEURE 14.01 If the Premises or any portion thereof shall be destroyed or damaged by reason of force majeure so as to prevent the use of the Premises for the purposes and during the periods specified in this Agreement, then this Agreement shall terminate, and SYA hereby waives any claim against CITY for damages by reason of such termination. 15. ASSIGNMENT 15.01 SYA shall not assign this Agreement nor suffer any use of the Premises other than herein specified, without the written consent of CITY. If assigned per the written consent of CITY, SYA agrees to ensure that any assignee will comply with all terms, provisions, covenants, and conditions of the Agreement Assignment of this Agreement shall not relieve SYA from any of its obligations under this Agreement. 16. NOTICES 16.01 All notices required or permitted under this Agreement may be given to a party personally or by mail, addressed to such party at the address stated below or to such other address as one party may from time to time notify the other in writing. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: SOUTHSIDE YOUTH ASSOCIATION City of Fort Worth Attn: Patrick Brown c/o Director Parks and Community 4817 Cole St. Services Department Fort Worth, TX 76115 4200 South Freeway, Suite 2200 Fort Worth, TX 76115 Southside Youth Association Memorandum of Understanding 9 17. SEVERABILITY, WAIVER AND SECTION HEADINGS 17.01 In the event any covenant, condition, or provision of this Agreement 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 SYA or CITY in connection with the rights and obligations contained in the valid covenants, conditions, or provisions of this Agreement. 17.02. The failure of City to insist on 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 ability to assert or rely on any such term or right on any future occasion. 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 of any other term, covenant, or condition of this Agreement, regardless of when the breach occurred. 17.03 The section headings contained herein are solely for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 18. ENTIRE UNDERSTANDING; MODIFICATION 18.01 This written instrument (including all attachments, schedules, and exhibits attached hereto) constitutes the entire understanding of the parties concerning CITY' s and SYA's roles and obligations in regard to Bertha Collins Sports Center. Any prior or contemporaneous oral or written agreement that purports to vary from the terms hereof shall be void. 18.02 Amendments to this Agreement or to any attachment, schedule, or exhibit attached hereto may be proposed by either party and shall take effect on written approval by both parties. 18.03 This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and properly authorized assigns. Southside Youth Association Memorandum of Understanding 1 0 19. CHOICE OF ]LAW; VENUE 19.01 This Contract shall be governed by and construed in accordance with the laws of the State of Texas. 19.02 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 the Northern District of Texas — Fort Worth Division. 20. EXECUTION 20.01 By executing this Agreement, SYA's agent affirms that he or she is authorized by SYA to execute this Agreement and that all representations made herein with regard to SYA's identity, address, and legal status are true and correct. IN WITNESS WHEREOF, the parties hereto have executed this Agreement and an attachmen s and exhibits in multiples t� y in Fort Worth, Tarrant County, Texas, this the �� � day of ,b)- 2010. CITY OF FORT WORTH BY: Charles W. Danie s Assistant City Manager Attest: • BY: , amt °R .4 000000 ity Secretary SOUTHSIDE YOUTH ASSOCIATION BY: t t t Patrick Brown President Appr ed as to Form and Legality: �A I 0 Id 00 01:i 0 nor �a°0 A0 Southside� �` Youth Association Memorandum of Unders . its �� � •� ' Assistant City Attorney Ng) � l Ee5FF 6CORD CITY SECRETARY FT. WORTH, TX 11