HomeMy WebLinkAboutContract 54565-A1CSC No. 54565-A1
AMENDMENT NO. 1
TO
CITY OF FORT WORTH CONTRACT 54565
This Amendment is entered into by and between the City of Fort Worth (hereafter
"City"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort
Worth, Texas, and Boys & Girls Club of Greater Tarrant County, Inc. ("Contractor"), City
and Contractor may be referred to individually as a Party and collectively as the Parties.
WHEREAS, on October 1, 2020, the Parties entered into City Secretary Contract 54565
to operate the Comin' Up Gang Intervention Program to support crime intervention in the
community; in("Agreement/Contract");
Contract.
WHEREAS, the Parties wish to amend the Agreement to update an exhibit to the original
NOW, THEREFORE, the Parties, acting herein by the through their duly authorized
representatives, enter into the following agreement:
1.
AMENDMENTS
Exhibit I, attached hereto, is hereby incorporated into the Contract as if attached and incorporated
into the same upon its execution.
2.
ALL OTHER TERMS SHALL REMAIN THE SAME
All other provisions of the Agreement which are not expressly amended herein shall
remain in full force and effect.
3.
ELECTRONIC SIGNATURE
This Amendment may be executed in multiple counterparts, each of which shall be
an original and all of which shall constitute one and the same instrument. A facsimile copy
or computer image, such as a PDF ar tiff image, or a signature, shall be treated as and shall
have the same effect as anoriginal.
�FFICIAL REC�RD
CITY SECRETARY
FT. W�RTH, TX
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
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BV: Jesus J. Chapa (Apr15, 202ll112 CDT)
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Name: Jesus Chapa
Title: Deputy City Manager
Apr 15, 2021
Date:
APPROVAL RECOMMENDED:
NeiG Noq�res
y�
Ne�� n�oak� (Apr i5, zou io:5e cor)
Name: Neil Noakes
Title: Chief of Police
ATTEST:
By: {'� II�C,�- i� 0
U �/
Name: Mary J. Kayser
Title: City Secretary
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring a11
performance and reporting requirements.
K� ��
By:
Name: Keith Morris
Title: Contract Compliance Manager
APPROVED AS TO FORM AND LEGALITY:
����
By:
Name: Taylor Paris
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 20-0630
1295: 2020-639961
BOYS & GIRLS CLUBS OF GREATER TARRANT COUNTY:
:
�'�l (,,,° �a.�lr� d�a.�..r.w°
Name: Daphne Barlow Stigliano
Title: CEO
APPROVED AS TO FORM AND LEGALITY
FOR BOYS & GIRLS CLUBS OF GREATER
TARRANT COUNTY
By. ��t�o �ef�.l�aJ �a.Qc.cwo
Attorney for BGCGTC
Date:
Apr 15, 2021
�FFICIAL REC�RD
CITY SECRETARY
FT. W�RTH, TX
EXHIBIT I
Facilities Use Requirements for Diamond Aill and Aillside Community Centers
SECTION 1
LOCATION
1.1 Location. City does hereby grant to Contractor the use of certain space within
the following locations for the purpose of the Comin' Up Gang Intervention Program for
Fiscal Year 2021:
11.1 Diamond Hill Community Center, which is located at 170I N.E.36th
Street, Fort Worth, Texas 76106; and
1.1.2 Hillside Community Center, which is located 120I E. Maddox Street,
Fort Worth, Texas 76104.
The Diamond Hill Community Center and Hillside Community Center shall be
referred to as "Centers" or "Community Centers" throughout this Exhibit.
1.2 Condition of the Centers. Contractor expressly acknowledges and agrees that
it has conducted a full and complete physical examination of the Centers and hereby accepts
the Centers, AS IS, WHERE IS, AND WITHOUT ANY WARRANTIES OF
WHATEVER NATURE, EXPRESS OR IMPLIED, IT BEING THE INTENTION OF
CITY AND CONTRACTOR TO EXPRESSLY NEGATE AND EXCLUDE ALL
WARRANTIES EXPRESS OR IMPLIED, IN FACT OR BY LAW, INCLUDING
WITHOUT LIMITATION, THE IMPLIED WARRANTY OF SUITABILITY, AND
THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY
PARTICULAR PURPOSE, CONTAINED IN OR CREATED BY ANY
APPLICABLE LAW OF THE STATE OF TEXAS.
SECTION 2
USE OF THE CENTERS
2.1 Contractor may use the Centers to operate the Program in accordance with
this Agreement in support of its mission and for no otherpurpose.
2.2 Contractor shall only have use of the Centers during the following scheduled
times and specific locations within theCenters:
Diamond Hill Community Center: 8:OOpm - 11:OOpm Monday thru Friday. The
Contractor may use the specific locations listed in Section ll Access.
Hillside Community Center: 8:OOpm- 11:OOpmMondaythru Friday.The Contractor
may use the specific locations listed in Section ll Access.
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All activities related to any Program must be completed within the time periods set
forth in this section, including, but not limited to, set-up and clean-up. If Contractor, for any
reason, holds over beyond the scheduled times or uses additional areas of the Centers, the
director of the Park Department ("Director") or that person's authorized designee, in his/her
sole discretion, reserves the right to remove Contractor and any participants of the Program
("Program Participants") from the Centers or charge Contractor a fee for use of the Centers
for the time period beyond that which the Centers are reserved. Any additional fee will be
commensurate with that charged to other patrons of the Centers using the same space for the
same amount of time and shall be paid within thirty (30) calendar days after the City sends
a written invoice.
2.3 In the event of a change in hours or availability of the Centers, such change
shall not give rise to any claim against the City by the Contractor, whether for lost profits,
cost, overhead, or otherwise.
2.4 Contractor may bring onto the Centers any equipment reasonably necessary
to further the intended use of the Centers. Equipment and supplies must be stored in the
Comin' Up office space.
2.5 Contractor may not use any part of the Centers for any use or purpose that
violates any applicable law, regulations, or ordinance of the United States, the State of Texas,
the County of Tarrant, or the City of Fort Worth, or other lawful authority with jurisdiction
of the Centers.
2.6 Contractor understands and agrees that the parking areas at the Centers are
not for the exclusive use of the Contractor and that the City and the Centers' patrons may use
the parking spaces at any time.
2.7 Contractor shall not allow Program Participants unsupervised use of any allowed
area. Disregard for this request will result in loss of access to these areas.
SECTION 3
HOLDOVER TENANCY
3.1 Holdover Tenancy. Unless terminated earlier pursuant the terms of this
Agreement, this Agreement will expire without further notice when the Term expires. Any
holding over by Contractor after the Term expires will not constitute a renewal of the
Agreement or give Contractor any rights in or to the Centers, except as a tenant atwill.
SECTION 4
DUTIES AND RESPONSIBILITIES
4.1 In addition to any other duties and responsibilities set forth in this Agreement,
Contractor shall:
4.1.1 Ensure that all Program Participants and any other individual using
the Centers, including, but not limited to, any guardians and parents of the
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Program Participants, comply with any and all policies, rules, and regulations
governing the use of the Centers. The City will provide a copy of any such
policies, rules, and regulations within a reasonable time after request by the
Contractor.
4.1.2 Provide a Program Participant listing to the Director and ensure each
Program Participant and instructor of any Program has a current membership
card for the Centers and instruct any such person without a membership card
to secure one before attending any Programs in the Centers. Any participants
who have a membership card prior to enrolling in any of Contractor's
Programs shall maintain the membership card in good standing for the
duration of such Program.
4.1.3 Contractor and Program Participants shall not remain in the Centers
beyond the Contractor's approved hours, except in instances of eminent
danger to the Program Participants, severe weather conditions, emergencies
declared by the City and other situations determined in the sole discretion of
the Director.
4.1.4 Notification of changes to Program schedules, includingcancellation
but excluding emergencies or Force Majeure Events, must be provided to the
City within 24 hours prior to scheduled start time. In case of emergency or
Force Majeure Events, the Contractor must notify the Director promptly upon
learning of such emergency or Force MajeureEvents.
4.1.5 Provide a listing of all Program Participants to the Director and ensure
each Program Participant and instructor of any Program has a current
membership card for the Centers and instruct any such person without a
membership card to secure one and pay the applicable $10.00 fee for the
membership card before attending any Programs in the Centers. Any Program
Participants who have a membership card prior to enrolling in any of
Contractor's Programs shall maintain the membership card in good for the
duration of such Program.
4.1.6 NOT USE THE CENTERS FOR ANY PURPOSE NOT SET FORTH
IN THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO,
CONDUCTING ANY UNAUTHORZED BUSINESS SUCH AS
UNIFORMS AND COSTUME SALES OR FUND RAISING.
4.1.7 Report any maintenance or repair needs to the Director as soon as
practicable.
4.1.8 Contractor agrees to notify City promptly upon the receipt of any
claim or lawsuit brought in connection with any injury, death, or damages at
the Centers. Contractor agrees to make its officers, representatives, agents,
and employees available to City, at all reasonable times, for any statements
and case preparation necessary for the defense of any claims or litigation for
which City may be responsible hereunder. Contractor shall place language in
its contracts with contractors and subcontractors that contractors shall notify
City as required by Contractor in this subsection.
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4.1.9 Daily, priar to the start of Program activities, a representative from City
employed at the Centers and Contractor will conduct a facility walk through and
will complete and sign a form to document any damages.
4.1.10 Contractor will clean the Centers each night after the Program concludes. If
this does not occur, the program will not be allowed in the center the following
evening. If this is a recurring problem, the group will be prohibited from returning.
4.1.11 Any damage incurred during Program hours must be reported immediately
to City by e-mail to the Supervisar of the Center. For serious damage, Supervisor
must be contacted by phone.
4.1.12 While City will commission and oversee all repairs, Contractor will
reimburse City for any repairs that are made for any damage that occurs during
Program hours.
4.1.13 Contractar will provide City with a staff list and program management
contact infarmation, and contact procedures.
4.1.14 City will provide staff lists, including emergency contactinformation and
contact procedures far the Centers.
4.1.15 City will provide Contractor with necessary keys and security codes for
access to the Centers. Comin' Up staff must keep a key log of what staff are
assigned a key and security code. If access is no longer needed, the keys must be
returned within 72 hours.
4. ].16 Contractor will notify City immediately if the security of the Centers is
compromised.
4.1.17 Contractor will document all incidents that occur during Program times.
Documentation must include date, time, person(s) involved, a narrative of the
incident, follow up response to the incident, and whether or not law enforcement
was contacted. Center Supervisor should be notified immediately.
4.1.18 Contractor will notify law enforcement where appropriate.
4.1.19 Incidents in which Contractor shall notify law enforcement and center
supervisor, include but are not limited to: fights, threats, damage to property, and
theft.
4.1.20 Contractor will provide City with a copy of the Contractor's incident report
for all documented incidents no later than the next business day following each
documented incident.
4.1.21 Contractor will operate a progressive discipline policy with appropriate
consequences. Incidents that warrant exclusion from the facility will be discussed
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and consequences assessed on a case-by case basis.
4.1.22 Contractor will remit payment in the amount of $500.00 for cleaning
supplies by October 1 of each agreement year.
4.2 The Citywill:
4.2.1 Furnish the necessary eXisting utilities and electrical power available
at the Centers far the ardinary and intended use of such, which includes
lighting, heat and air conditioning, and water. City shall not be liable or
responsible for accidents ar unavoidable delays.
4.2.2 Ensure the Centers are suitable for their intended purpose.
4.23 Process membership applications far the Centers and issue
membership cards.
4.2.4 Ensure the Centers are ready far set up by Contractor in accordance
with any reasonable requests of the Contractor.
4.2.5 City will provide a facility closing/cleaning schedule to include:
sanitizing, sweeping, mopping, dusting, etc.
SECTIONS
LIENS
5.1 Contractor shall do no act or make any contract that may create or be the foundation for
any lien upon or interest in any City property. Any such contract ar lien attempted to be created or
filed shall be void. Should any purported lien on City property be created or filed, Contractor, at
its sole expense, shall liquidate and discharge the same within ten (] 0) calendar days after notice
from the City to do so. Should Contractor fail to discharge the same, such failure shall constitute a
breach of this Agreement, and the City shall have the right to terminate this Agreement
immediately. However, Contractar's financia1 obligation to City to liquidate and discharge such
lien shall survive following termination of this Agreement and until such a time as the lien is
discharged.
SECTION6
CARE OF THE CENTERS
6.1 Contractar, at Contractor's own expense, shall keep the Centers and maintain all
equipment and other properties of City in a safe, sanitary, sightly condition and in good repair
during each Program or scheduled time set forth in this Agreement. Contractor shall restore and
yield said Centers, equipment, and all other properties belonging to the City back to City at the
expiration of each Program or scheduled time set forth in this Agreement in good or better
condition as it existed at the beginning of each Program or schedule time set forth in this
Agreement and in which Contractor found them.
6.2 Contractar will not do or permit to be done any injury ar damage to the Centers, or
any part thereof, or permit to be done anything that will damage or change the iinish or appearance
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of the Centers or the furnishings thereof or any other property belonging to the City by the erection
or removal of equipment or any other improvements, alterations or additions. No decorative ar
other materials shall be nailed, tacked, screwed or otherwise physically attached to any part of the
Centers, or to any of the furnishings or fixtures of the City without the prior written consent of the
Director.
6.3 Subject to ordinary wear and tear, Contractor will pay the costs of repairing any
damage that may be done to the Centers or any of the fixtures, furniture ar furnishings by any act
of Contractor or any of Contractor's officers, representatives, servants, employees, agents, Program
Participants, or anyone visiting the Centers upon the invitation of the Contractor. The City shall
determine, in its sole discretion, whether any damage has occurred, the amount of the damage and
the reasonable costs of repairing the damage, and whether, under the terms of this Agreement, the
Contractor is responsible. City shall be the sole judge of the quality of the maintenance and/or
damage of the Centers, furnishings, fixture or furniture by the Contractor. The costs of repairing
any damage to the Centers shall be immediately due and payable by the Contractor upon
Contractor's receipt of a written invoice from City.
6.4 Subject to the prior written consent ofthe Director, Contractor may place any signs
within the Centers necessary to indicate Contractor's name and location. Any sign shall be
prepared and installed by the Contractor, at the sole cost of Contractor, in accordance with
applicable rules and regulations of the City and in keeping with the Centers' decor. Any special
requirements of Contractor contrary to the above must be made a part of this Agreement by written
amendment.
SECTi0N7 FORCE
MAJEURE
7. I If either party is unable, either in whole or part, to fulfill its obligations under this
License due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public
enemies; wars; blockades; insurrections; riots; epidemics; public health crisis; earthquakes; fires;
floods; restraints or prohibitions by any court, board, department, commission or agency of the
United States or of any state; declaration of a state of disaster or of emergency by the federal,
state, county, or City government in accordance with applicable law; issuance of an Imminent
Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or
any equivalent alert system that may be instituted by any agency of the United States; any arrests
and restraints; civil disturbances; or explosion; or some other reason beyond the Party's
reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such
Force Majeure Event will be suspended only during the continuance of such event. If a Force
Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its
community centers, parks, or other City-owned and operated properties and facilities in the
interest of public safety and operate them as the City sees fit. Contractor hereby waives any
claims it may have against the City for damages resulting from any such Force MajeureEvent.
SECTIONS
RIGHT OF ENTRY AND INSPECTION
8.1 In providing use of the Centers by Contractor, City does not relinquish the right to
control the management of the Centers, or the right to enforce all necessary and proper rules for
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the management and operation of the same. After receiving notice by City, Contractor must permit
Ciry or its agents, representatives, or employees to enter the Centers for the purposes of inspection;
determining whether Contractor is complying with this Agreement; maintaining, repairing, or altering
the Centers; or any other reasonable purpose. During any inspection, City may perform any obligations
that City is authorized or required to perform under the terms of this Agreement or pursuant to its
governmental duties under federal state or local laws, rules or regulations. In the event of an emergency,
no advance notice from City is required.
SECTION 9
LICENSES AND PERMITS
9.1 Contractar shall, at its sole expense, obtain and keep in effect all licenses and permits
necessary far its operations.
9.2 Copy of the documentation stating the Contractor's status is due annually to the
address specified far the Park & Recreation Department in the notice provision of this Agreement.
SECTION 10
ADDITIONAL DUTIES UPON TERMINATION
In addition to the duties described in the Agreement, Contractor shall comply with the
following upon termination or expiration of the Agreement:
10.1 Priar to the effective date for expiration or termination of the Agreement,
Contractar shall promptly remove all of its personal property; provided, however, Contractor shall
notbeobligatedtoremoveany�xtures. Contractorshallalsorepairanydamagetothe Centersthat
occurred during Contractor's use of the Centers, including, but not limited to, any damage that
Contractor causes during removal of Contractor's property, to the reasonable satisfaction of the
Director.
102 If Contractor fails to comply with its obligations in this Section, City may, at its
sole discretion, (i) remove Contractor's personal property and otherwise repair the Centers and
invoice Contractor for City's costs and expenses incurred, such invoice to be due and payable to
City within thirty (30) calendar days of its delivery to Contractor; or (ii) following no less than
thirty (30) calendar days prior written notice to Contractar, take and hold any of Contractor's
personalpropertyasCity's soleproperty;ar(iii)pursueanyremedy at law ar in equity available
to City. If Contractor fails to surrender the Centers to City following termination or expiration,
all liabilities and obligations of Contractor hereunder shall continue in effect until such is
surrendered.
103 Upon termination, all funds owed to the City shall be due and payable bythe tenth
(lOth) calendar day after the effective date oftermination.
104 Other Remedies. Any termination of this Agreement as provided in this
Agreemcnt will not relieve Contractor from paying any sum or sums due and payable to City
under this Agreement that remains unpaid and due at the time of termination, or any claim for
damages then or previously accruing against Contractor under this Agreement. Any such
termination will not prevent City from enforcing the payment of any such sum or sums or claim
for damages by any remedy provided for by law, or from recovering damages from Contractor for
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any default under this Agreement. All City's rights, options, and remedies under this Agreement
will be construed to be cumulative, and not one of them is exclusive of the other. City may pursue
any or all such remedies or any other remedy or relief provided by law, whether or not stated in this
Agreement. No such termination shall relieve City from any obligation it may have to Contractor
hereunder and City may pursue any and all rights and remedies or relief provided by law, whether
or not stated in this Agreement.
SECTION 11
ACCESS
11.1 Contractor will only use areas of the Centers that are approved in advance by City.
At Diamond Hill Community Center, the following areas may be used: gym, lobby and restrooms,
fitness room, multipurpose room, Comin' Up office, and computer lab if monitored. The kitchen
may be used if available and requested in advance. No one should be behind the front counter. At
Hillside Community Center, the following areas may be used: gym, lobby and restrooms,
multipurpose room, and computer lab if monitored. The kitchen may be used if available and
requested in advance. No one should be behind the front counter. Fitness center access is not
available as the center now charges a fitness center membership to access this renovated area.
ll.2 Contractor will assure that Program members adhere to the Program hours of 8:00
pm - 11:00 pm. Earlier access may only be granted by arrangement. Examples may include
attending a pre-arranged class; program, �tness center use; and use of the City of Fort Worth (CFW)
community center membership card to attend an appropriate activity at the Centers.
ll.3 Contractor shall restrict entry to the Program to members and bona-fide guests. The
age limits for participation in the Program are ages 13 - 24.
11.4 Notify Program participants that they will not be allowed to congregate or loiter in
front of the main entrance of the Centers or in the parking lot or park prior to 8:00 pm or after
11:00 pm.
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