HomeMy WebLinkAboutContract 58217 CSC No. 58217
ADDENDUM TO ITEMIZED CAMP SERVICES AGREEMENT
BETWEEN
THE CITY OF FORT WORTH
AND
YMCA CAMP CARTER
This Addendum to Itemized. Camp Services Agreement ("Addendum") is entered into by
and between YMCA Camp Cater ("Vendor") and the City of Fort Worth ("City"), collectively
the"parties", for a purchase of licenses.
The Contract documents shall include the following:
1. The Itemized.Camp Services Agreement; and
2. This Addendum.
Notwithstanding any language to the contrary in the attached Itemized Camp Services
Agreement ([collectively referred to herein as] the "Agreement"), the Parties hereby stipulate by
evidence of execution of this Addendum below by a representative of each party duly authorized
to bind the parties hereto,that the parties hereby agree that the provisions in this Addendum below
shall be applicable to the Agreement as follows:
1. Term. The Agreement shall become effective upon the signing of the Agreement
by an Assistant City Manager of the City (the "Effective Date") and shall expire no later than
December 31, 2022 (the Expiration Date"), unless terminated earlier in accordance with the
provisions of the Agreement or otherwise extended by the parties.
2. Termination.
a. Convenience. Either City or Vendor may terminate the Agreement at any
time and for any reason by providing the other party with 30 days written notice of
termination.
b. Breach.If either party commits a material breach of the Agreement,the non-
breaching Party must give written notice to the breaching party that describes the breach
in reasonable detail. The breaching party must cure the breach ten(10) calendar days after
receipt of notice from the non-breaching party, or other time frame as agreed to by the
parties. If the breaching party fails to cure the breach within the stated period of time, the
non-breaching party may, in its sole discretion, and without prejudice to any other right
under the Agreement, law, or equity, immediately terminate this Agreement by giving
written notice to the breaching party.
C. Fiscal Funding Out. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Vendor of such occurrence and the Agreement shall terminate on the last day of the fiscal
period for which appropriations were received without penalty or expense to the City of
OFFICIAL RECORD
CITY SECRETARY
Addendum
FT. WORTH, TX
any kind whatsoever, except as to the portions of the payments herein agreed upon for
which funds have been appropriated.
d. Duties and Obligations of the Parties. In the event that the Agreement is
terminated prior to the Expiration Date, City shall pay Vendor for services actually
rendered up to the effective date of termination and Vendor shall continue to provide City
with services requested by City and in accordance with the Agreement up to the effective
date of termination. Upon termination of the Agreement for any reason, Vendor shall
provide City with copies of all completed or partially completed documents prepared under
the Agreement. In the event Vendor has received access to City information or data as a
requirement to perform services hereunder, Vendor shall return all City provided data to
City in a machine readable format or other format deemed acceptable to City.
3. Law and Venue. The Agreement and the rights and obligations of the parties hereto
shall be governed by, and construed in accordance with the laws of the United States and state of
Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement
shall be in a court of competent jurisdiction in Tarrant County,Texas. To the extent the Agreement
is required to be governed by any state law other than Texas or venue in Tarrant County, City
objects to such terms and any such terms are hereby deleted from the Agreement and shall have
no force or effect.
4. Insurance. The City is a governmental entity under the laws of the state of Texas
and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self-Insurance by
Governmental Units," is self-insured and therefore is not required to purchase insurance. To the
extent the Agreement requires City to purchase insurance, City objects to any such provision,the
parties agree that any such requirement shall be null and void and is hereby deleted from the
Agreement and shall have no force or effect. City will provide a letter of self--insured status as
requested by Vendor.
5. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign
immunity. To the extent the Agreement requires City to waive its rights or immunities as a
government entity; such provisions are hereby deleted and shall have no force or effect.
6. Limitation of Liability and Indemnity. To the extent the Agreement, in any way,
limits the liability of Vendor or requires City to indemnify or hold Vendor or any third party
harmless from damages of any kind or character, City objects to these terms and any such terms
are hereby deleted from the Agreement and shall have no force or effect.
7. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is
understood and agreed that all obligations of City hereunder are subject to the availability of funds.
If such funds are not appropriated or become unavailable, City shall have the right to terminate the
Agreement except for those portions of funds which have been appropriated prior to termination.
Addendum Page 2 of 8
8. Confidential Information. City is a government entity under the laws of the State
of Texas and all documents held or maintained by City are subject to disclosure under the Texas
Public Information Act. To the extent the Agreement requires that City maintain records in
violation of the Act, City hereby objects to such provisions and such provisions are hereby deleted
from the Agreement and shall have no force or effect. In the event there is a request for information
marked Confidential or Proprietary,City shall promptly notify Vendor.It will be the responsibility
of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are
sufficient will not be decided by City, but by the Office of the Attorney General of the State of
Texas or by a court of competent jurisdiction.
9. Addendum Controlling. If any provisions of the attached Agreement,conflict with
the terms herein, are prohibited by applicable law, conflict with any applicable rule,regulation or
ordinance of City,the terms in this Addendum shall control.
10. Immigration Nationality Act. Vendor shall verify the identity and employment
eligibility of its employees who perform work under this Agreement, including completing the
Employment Eligibility Verification Form(I-9). Upon request by City,Vendor shall provide City
with copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be performed by any Vendor
employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY
CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S
EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES.City,upon written notice
to Vendor, shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
1.1. No Boycott of Israel. If Vendor has fewer than 10 employees or the Agreement is
for less than $100,000,this section does not apply. Vendor acknowledges that in accordance with
Chapter 2270 of the Texas Government Code,City is prohibited from entering into a contract with
a company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the
contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those
terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Vendor
certifies that Vendor's signature provides written verification to City that Vendor: (1) does not
boycott Israel; and(2) will not boycott Israel during the term of the Agreement.
12. Right to Audit. Vendor agrees that City shall,until the expiration of three(3)years j
after final payment under the Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Vendor involving transactions relating to the
Agreement. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable
advance notice of intended audits.
Addendum Page 3 of 8
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ACCEPTED AND AGREED:
CITY:
City of Fort Worth Contract Compliance Manager:
By signing I actmowledge that I am the person
responsible for the monitoring and administration
�b„�cj—_ of this contract,including ensuring all
By: performance and reporting requirements.
Name: Fernando Costa
Title: Assistant City Manager
Date: OCt l0, 2022 By: Sasha Kane(Oct 10,2022 09:50 CDT)
Name: Sasha Kane
Approval Recommended: Title: Sr. Contract Compliance Specialist
Approved as to Form and Legality:
By. Neil Noakes(Oct 1(,202215:20 CDT)
Name: Neil Noakes
Title: Chief of Police By:
Name: Taylor Paris
Attest: Title: Assistant City Attorney
Contract Authorization:
1444 S, M&C: N/A
By: Jannette S.Goodall(O(7 11,2022 07:48 CDT) oag4FORTa
Name: Jannette Goodall 'C" 00000000 lyaa
Title: City Secretary PA. °���d
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VENDOR:
'MCA CAMP CARTER
By:
Name: Bayleig"h Cluett
Title: Program Director
Date: ®.u I
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Addendum Page 4 of 8
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Contract ;
the � i
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Itemized Camp Services Agreement
B/2/,2022 �
CAPA Retreat--Brian McClenny YMCA Camp Carter
6200 Sand Springs Road
Fort Worlh,'rX 76114
briars,mecleilny@fortworthtexa-Epoy (p)817-7a8-9241 (0 817-131.1673
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Thank you for choosing YMCA Camp Carter. We are glad you have chosen our outdoor setting for your groupl Please
carefully read over the Information provided,then sign and return this agreement to the address above along with your I
proof of liability Insurance and your deposit, If you have any questions,concerns or changes please calls(817)738-9241,
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Phone lh (817)991-0663 Arrival Dater Sunday,'.octo'uar 16,2022 Arrival Time: 2t00 PM
Depart.Dates. Tuesday,:October 18,2622 Depart.Timoi 2t00 PM
Your group slzo will bei 100 flms.svllLbe..acrsnted as wa naalqua».otard.oumhar�ntnss_osimes•<Ise.aotutedhy.Alaccb_1f1,_2R23
Apprax,Age of Participants: 0.5,_-____ 5-10_ 10-15 15-18� 18-30, 30-65_65+_ 1
FACILITIES AND ACTIVITIES
Reserved Standard Cost Total Due Notes:
Overnight Stay $30,00 100(2) $3,000.00 j
Meals $10.00 100(5) $4,000.00
Choice Activity $20.00 100 $2,000.00 Choke ofActNlly
Challenge Course Combo H1 $25.00 100 $2,500.00 GtantSivipg and I hove ottevmbolldtng low ropes
Retreat Center WOO 1 $500.00
TOTAL DUEt $12,000 Dlsinountod%So..$6000
Requested Activitlesi _ Canoeing,Fishing,Challenge Course
Special Instructions: Sunday:Dinner;Mondays Breakfast,Lunch,Dinner I Tuesday:Breakfast j
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Your deposit lot $1 500,00 or PO.FULL PAYMENT Is due NO LATER tbnn by deparlura ar group will incur a 3%serdiaraa an balmm j
Your signed contract and deposit Is due by: 9/5/2022 After this date your tentative reservation may not
Final participant numbers due byt 2 weeks priorto arrival be held,
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STATE OF TEXAS EXHIBIT"A"
COUNTY OF TARRANT-
This facility usage agreement between the YMCA of Metropolitan Fort Worth herein referred to as the YMCA,
and
Clergy and Police Alllance--Brian McClenny
herein referred to as LESSEE provides;. i
I. Pwpettyl. The YMCA owns CAMP CARTER _
Which is located at 6200 Sand Springs Road,Ft Worth,TX 76114 �
The YMCA agrees to grant usage of;
Retreat Center,2a6ins,Activity Areas
(Name of specific area(s)being leased).
at the above location to LESSEE on Sunday,October 19,2022 I Tuesday,October ta,2022
(Date)
'Use of certain activity areas will require certified YMCA staff at Lessees expense,See Exhibit B for rates and ratios,
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II, FO.es-t. LESSEE agrees to pay the YMCA the sum of $6,000,00
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(final numbers due by May 15th,2022,subject to change Total Fee)
as a facility usage fee on or before Departure
A non-refundable deposit In the amount of $1,500 00 or PO
with a signed,copy of this agreement on Or before •Sep'�2z
This deposit will be credited toward payment of the total fee,
FULL PAYMENT of the balance Is due NO LATER than by departure or group will Incur a 3%surcharge on the
balance,
The fee for facility usage Includes a YMCA staff member to be on duty at the facility
beginning 12t00 PM 10/16/22 and ending at 12:00 PM 10/18/22,
(Time) (Date) (Time) (Date)
$6,00 per person will be charged for late check-out/departure,
Sea Exhibit"B"titled"Agreement" Total Fee $6,000.00
LIh Purnoset LESSEE represents that It will use the facilities for:
Retreat
and no other purpose.LESSEE may not charge an admission fee for this rental.It is further agreed that LESSEE
will reimburse the YMCA for any damage that may be done to the equipment,grounds or facilities;normal wear
and tear excepted,
Any fines or damage costs ensued will be deducted from the original deposit,then the remaining deposit will be
subtracted from the balance due, {
IV. Hold Harmless Aareementt LESSEE agrees to Indemnify and hold harmless
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Addendum Page 6 of 8
the YMCA for loss or damage for personal Injuries or property damages to any person or persons.In this
connection,LESSEE agrees that it will furnish the YMCA with a Certificate of Insurance naming the YMCA as an
additional named Insured as to both defense and Indemnity under a Comprehensive General Liability policy of
the undersigned,It Is further understood that the YMCA will not assume responsibility for any Injury Incurred
while LESSEE is leasing YMCA facility;nor will the YMCA be responsible for any lost or stolen Items while
LESSEE is leasing YMCA facility and on YMCA premises,LESSEE hereby releases the YMCA and its employees
and agents from any and all claims for Injury,loss,or damage as a result of this lease,Including any Injury
cased by the negligence,if any,of the YMCA,its officers,employees,agents volunteers,or the negligence of
anyone else,
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tL05L!:8q�.1:11T11��4�uirementsi —
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7he,iblicy limits for Comprehensive General Liability should be$500,000..Cothbine4 Single Limit for Bodily !
Injury attd Property Datpage for any one occurrence,A Worker's Compensatiotf Pollcy Is required if LESSEE has !
;LESSEE employee's on.YMCA premises.
lndIVIdual/ramify rentals:Request Proof of Insurance_froarHomeowndes broker.
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V, Concessions/5tgr Concessions/Store will be operated by the;
YMCA, All proceeds from concessions or store belong to the YMCA,
Notet Prior arrangements must be made to have store open for your group,
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VI, 5ecuritvt Security will be provided by LESSEE,All other services required will be
paid for by LESSEE,
These services and their respective fees are as follows; j
Total Pee $0,00
VII, Restdtlt ra No alcoholic beverages or advertising for same will be permitted, j
Smoking is not permitted in the YMCA facilities mentioned herein or surrounding premises,A YMCA
representative will be permitted to Inspect area leased by LESSEE at any time,
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The YMCA is founded on Christian principles and prohibits inappropriate behavior and conduct.This includes,
but Is not limited to;profanity or abusive language,attire,smoking,use of alcohol or drugs,the removal of
YMCA property,or criminal conduct of any type,Such inappropriate behavior or conduct Is unacceptable and !
will not be tolerated and the YMCA consequently retains the right to revoke this agreement as Its sole I
discretion,If agreement is revoked due to Inappropriate behavior YMCA will keep all monies paid by LESSEE.
By signing this agreement,LESSEE agrees that all participants will abide by the terms set forth in the"Rules
and Guidelines'.See Exhibit C
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Vill. Caneftuatinnt Any party of this agreement may terminate this agreement by
giving a thirty(30)day written notice to other party of their Intention to terminate this agreement,
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In the event any part of this reservation is canceled by LESSEE within 30 days of reserved period,it will result
In LESSEE forfeiting the deposit PLUS a 10%e charge of the total contract balance,No deposit will be refunded
for Inclement weather,however,we will work with you to book another date,In doing so,the LESSEE will be
assessed a 7%rebooking fee,FINAL NUMBERS for your group are due 14 days'prior to arrival,&these j
numbers will become your contracted numbers(this may or may not change the total amount due.)You are
responsible for calling with these figures.You will be charged for 90%of your"No Shows"If actual number is
LESS THAN contracted number. NOTE:a$25 charge will be assessed on all NSF checks.if your group Is a civic
organization,famlly/friend gathering or any other group that is not a business or Institution,the deposit MUST
be made with a Credit Card.IF you are unable to pay with a Credit Card,and would like to pay the deposit with i
a check,you will be required to give a 50%deposit.
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Executed in duplicate at Fort Worth,Texas on this 20 day
of August 20 22 .
Attests YMCA OF METROPOLITAN FORT WORTH
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Byt Byt Kelynn Masters
LESSEE, YMCA Designee
Name:
(Print name and Title)
YMCA President
(If 3 or more meetings per year)
Address;
Telephoner
Emaib
NOTEt THIS AGREEMENT IS NON-TRANSFERABLE
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