The URL can be used to link to this page

Home My WebLink AboutContract 28456�� w � . _,.4, a.�u C�NTRACT BETWEEN THE CITY QF FORT WORTH AND CAMP FI�tE USA FIRST TEXAS COiJNCIi, STATE OF T�XAS § COUNTY QF TARRANT § Tliis contract is �nade and entered into between the City pf Fort Worth, Texas, a home-�ule mtu�icipal corporation siYirated in Tarrant and Denton Cauilties, {hereinafter refearred to as "Gran.tee Agency") and tlie Camp Fire USA rirst Texas Counczl (formerly k�aown as First Texas Council of Caxnp Fire Boys and Girls), a Texas nonprafif coxporation (��exeinafter referred to as the "Sexvice 1'rovider"). 1. PURPOSE. The purpose of this contract between the Cnantee Agency and fihe Service Provider zs to izx�.plement tlie Dianiond HiII Connection After-School Program through the use o� the Cruninal rustice Division of the Governor o� Texas Grant N�. ED- 01-J20-15046-04. 2. TERM. The tern� of this caz�tract shall cammence on Septe�nber 1, 2Q02, and slzall end on August 31, 2fl03, unless extended by the Criminal Justice Divisian af the Governor of Te�as or terininated as otherwise provided for in tlais contract. 3. �MOIVITOR�NG PROCESS. The Graiztee Agency is responsible far clos�ly m.onitoring the activities of t11e Sezvice Provider and shall exerczse reasoilable care to enforce all ternras and conditions of Criinii2al Justice Divisioi� o� the Governor o� Texas Grai�t No. ED-01-J20-15046-04, titled Dianiand Hill Cann.ection After-School Program (hereinafter referred to as the "Gralit"). The Ser�ice Pravider agrees #o fully � cooperate in the inoni�ox�ii�g process by the Grantee Agency. 4. RECORDS. Pursuant to the requirements a� tI�e Uniform Grant and Cont��act Managetnent Siandarcls (UGCMS), proinulgated pursuant to Sectioi� 783, o� the Goverrunent Code are adopted by reference as part of this cantract, including �lie contraet provisio�� as ui Sectioi136, Canr�inon Rule of OMB, �f fhe above sta�idards. Tlae Grantee Agency SHALL (claeck one): A Keep ali project records. 6 Assist t�ie Se�rvice Provic�er ta establish a set of records that cainply wit3.i the requir�nYents of the grant and periodically inspect such records to ensure tI1at they are properly kep#. Records slxall be retained for at least three {3) years followiiig the closure of the inost recer�t atiidit report and uaitil any outstandi�ig litigation, al�dit or claun has . ;�� C�, �, � � r� � �� , �� e�I� �'�t��.51�u�1 r �� 4U,�n'. �.;,11,9 i��`?� � $. COMPLIAN�E. AlI licenses, legal certifications, o�- inspections required for the services, facilities, eyuipment, or materials, and ail applicable state and federal laws and lacal ordinances must be complied with by the Service Provider. Failure to comply with this requirement shall be treated as a defa�xlt. 9. TERMINATION. This contract shall automatically terminate on the grant expiration date or any ext�nsion date th�reof granted by Cr�minal 7ustice Division ar upon terminatian of the underlying grant by the Cr�rninal Justice Division. All services l�ili�d hereunder must be rendered wiihin the grant period. 10. ADDITrONAL PROVYSIONS. Any addiiional provisions desired by the parties or which Criminal Justice Division may direct to be added by specific instructions shall be enumerated and executed by the Sezvice Provider and Grantee Agency. 11. FUNllTNG. It is understood by aIl parties that payment obligations crcated by this Contract are conditioned upon the availability of State or Fec�eral fiinds appropriated ar alloeated for the payment of such obligations. 12. INDEPENDENT C4NTRACTOR. Ser�ice Provider shall operate under this cantract as an independent contractor as to all righis and priviiege� contained in this eontract, and nat as an agent, representative, servant ar employee af the Grantee Agency. Subject to the terms af this Contract, Service Provider shall have the right to controi the details of perfa�-mance hereund�r. Grantee Agency and Service Provider agree that ihe doctrine of respondent superivr shall not apply as b�tw�en Grantee Agency and Service Provider, and that Service Provider shall be solely z'esponsib�e %r any and all acts or ornission o� himseI�, his agents, servants, employees, contractors or subcontrac�ors; and that nothing herein shall be construed as creating a partnership ar joint entezprise beiween Grantee A�gency and Service Provider. In the e�ent of a dispute, any doubt as to the construction of this contract sha11 be resol�ed so as ta maintain Service Provider's status as an independent cont�•actor. 13. INDEMN�ICATION. 5ervice Provider covenants and agrees to and does hereby indemnify, hald harmless and de�end, at its owti expense, Crrantee Agency, its offic�rs, serr+ants and employees, fram and against any and a11 claims or suits for property loss or damage anc�for personal injury, including death, to any and all persans, of whatsoever kind or character, whether real ar asserted, arising out of the wark and services to be p�i-formed hereunder by Grantee Agency, its afficers, agents, employees, subcontractors, licensees or invitees, WHETHER OR NOT CAU�ED. YN WH4LE OR IN PART, BY THE ALLEGED NEGLIGENCE �F THE OFFICERS. SERVANTS OR EMPLOYEE�, OF TAE GIZANTEE AGENCY; a7ad said Service Provider does hereby co��nant and agree to indemniiy, defend, and hold harmless the Grantee Agency, its officers, servants and employees for any and all clafrns ar suits far property loss or damage andlor personal inju�y, including death, to any and all persons, of wha�soever kind or charac�er, �hether real or asserted, arising aut of, the wark and sezvices to be performed hereunder by Contractor, its officers, agents, emplayees, or subcontractors, WHETHER OR NOT CAUSED, IN WHOLE �R �N PART. SY THE ALLEGED NEGL�GENCE OI' THE OFFICER�. 5ERVANTS, OR EMPLOYEES OF THE GRANTEE AGENCY. Service Provider likewise cov�nants and agrees to, and dves hereiay, indemnsfy and hold harmless Grantee Agency from and against any anci all injuries, darnage, loss or destruction to property of Grantee Ag�ncy during the perFarmance oi any of the terms and conditions af this Contract, WHETHER ARTS�NG OUT OF IN WHOLE OR �N PART, ANY AND ALL ALLEGED ACTS OR �NQS5�ON5 OF OFFICER�, OR EMPLOYEES OF GRANTEE AG�NCY. 14 ASSIGNMENT. Service Pro�id�r sha11 nat assign, subcantz�act, sublet flr transfer any or all of his rights ar responsibili�ies undei• this cantract and any attempted assignment, subcontract, sublease a�� t�rans%r of all or any part hereof shall immediately terminaie klais Contract. 15. INSURANCE, During the term of this contraci, Service Provider shall maintain in full force and effect, at his awn cost and expense, insurance coverage in an arnount as required by the Grantee Agency. It is agreed between the Service Provider and the Grantee Agency that the Service Pro�ider will secure and furnish Grantee Agency with a CERTIFICATE OF LIABII,ITY INSURANCE which wilI remain in force du�ing the term of this �ease, in the amount of $1,OOO,Q00 for each occurrence and $2,OOQ,000 for general aggregate, $1,000,000 in auta liability coverage and $5QO,Q00 in Workers' Compensation coverage for each accident. The CERTIFICATE OF LIAB7i,ITY INSURANCE shail list the Service Provider as the insured and the "City of Fort Warkh, Texas, its oiiicer5, agents and employees" as an additional insuz'ed. 16. PARENTIGUIIRDIAN PERMISSION FORMS. Service Provider will require all parents andlor gua�rdians of minor �articipants in the program to sign a fonm indicating that the rrunor participant has permission to participate in the program. Said forrn shalI be approved by the Grantee Agency befare commencement of any program by the Ser�vice Provider. l7. VENUE. This contract and relationsh�p o� th.e parties created hereby anc� shall be cons�-ued in accordanee wi�h and be governed by the laws of the State of Texas. Venue for any suit, at law or in equity, shall lie exclusively in Tarrant County, Texas. 18. SECTTON HEADINGS. The section headings cantained in this contract are for convenience in reference only and are not intended to define or limit the scope of any provisian of this contract. �The }�alance of this page intentionally left blank] � TN W T�ESS WHEREOF, the parties hereby have executed this contract on this date, the � �- of �� ,, , 2003. CITY OF FORT WORTH 1 D00 Throckmorton Sireet Fart Wortl Tex 76102 {8I7) 87 760 / Signa o� th ' ed Off �ial Joe Pai� gua ssi nt City Maz�.agex Date: / f t ��(I xj CAMI' FTRE USA FIRST TEXAS COUNCIL 2700 M�ach�n Boulevard Fort Worth, Texas 76137 (S 17) 831-2111 � � Sigilature of Authorized Official Name and Title Date: J ` 27-- o� A�PR�VED AS T� FORM AND LEGALITY: David Yett, City Attorney �YF� i� r' "`"`�[`�2Wc c�� Assista�at�C'/ity A�iorne}� AT��T�D BY, _ � � �;� � �i r � �� u r- - � _ - f �� I � � � � Cantract Aufillorization fn�� o �. Date � ��, C'ity of '.�o�t Worth9 T'exas �ya� �� c�d ��u��t�� DATE REFER�NCE NUMSER LOG NAME PAGE 10/29/02 **�-�9�2� 80D1AMOND 1 of 3 5UB.IECT AUTHORIZAT�ON TQ APPLY F�R AND ACCEPT A GRANT �ROM THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERN�R OF TEXAS T� OPERATE THE DIAMOND H�LL CONNECTION AFTER-SCHOOL PROGRAM; ADOPTION OF ASSOCIATED APPROPRIATION �RDINANCE; AND AIJTHORIZATION TO EXECUTE GC�NTR�CTS ��l+T!-! TH� YMCA OF METROPOLITAN FORT WORTH AND �A�1�' F1�2.E IJSA �IR�fi �`EXAS COUNCi'� RECOMMENDATION: it is recommended that the City Council: 1. Authorize the City Manager to apply for and accept, if awarded, a grant from the Criminal Justice Division of the Office of the Go�ernor of Texas in the amount of $10�,297 to op�rate the Diamond Hil� Connection After-School Pragram from September 1, 2002, to August 31, 2003; and 2. Adopt the attached apprapriation ordinance increasing estimated receipts and appro�riations in the Grants Fund by $104,297 from available funds, s�bject to receipt of the grant; and 3. Aufihorize the City Manager ta designate Joe Paniagua, Assisfiant City Manager, as tl�e authorized official for t�e Diamond Hill Connection After�School Program to accepi, reject, ar alter this grant, �f awarded; and 4. Authorize the Ci#y Manager, contingent upon receipf afi the grant award, to execute cnntracts with the YMCA of Metropolitan Fort Worth in an amoun� not to exceed $69,367, and ��m� Fire 1��1 First ��xas �aun��l lin an amount not to exceed $34,930, to conduct fhe Diamond Hill Connectiorr After-Sehool Program. DISCUS510N: On August 28, 20Q1 (M&C G-13358}, the City Council authorized acceptance of a gran# in the amount af $130,371 from the Criminal Jusfice Division of the Office of the Governor of Texas. The Parks and Communi�y Services Department submitted the proposal for the �iamond Hill Connecfian After-Schoal Program in callabaration with the YMCA and Camp Fire USA First Texas Council. That granf was for the first of #hree years of funding. The proposed grant is for the second year. Previously, on March 26, 1996 (M&C G�11434}, the City Cauncil authorized the acceptance of a grant in the amo�nt of $120,938 from the Governor of Texas, Interim P1an far Safe and Drug-Free Schools and Communities Program. Th� Park� and Community Services Department su�mitted the pro�osal for the Diamand Hill Coafition After-School Program. For over five years, this successful callaboration with the YMCA and Camp Fire provided after-school programs for you#h ages 11-15 on fhe north side of �ort Worth. The initial program expired on August 31, 2001. �`ity of �'ort Y�o�th, T'ex�►s �� n� �c�� .��c�t��n DA7� REFERENCE NUMB�l� LOG NAM� PAGE 10/29/02 '�*�� 93�3 8�DIAMOND 2 of 3 SUBJECT AUTHORIZATION TO APPLY FOR AND AGCEPT A GRANT FROM THE CRIMiNAL ,lUSTICE �IVfSION OF THE OFFICE OF THE GOVERNOR �F TEXAS TO OPERATE THE DIAM�ND HILL CONNECTION AFTER-SCHOOL PROGRAM; ADOPTION OF ASSOCIATED APPROPRIATI�N ORDINANCE; AND P,UTHORIZATION TO EXECUTE CONTRACTS WITH THE YMCA OF METROPOL{TAN FORT WORTH AND CAMP FIRE U5A F1R5T TEXAS COUNCIL The current grant applica#ion is to fund the Diamond Hill Cannection After-Schoal Pragram for youth ages 1�4-17 on the north side of Fort Worth. The target population lives in a community with risk factors such as substance abuse, high crime, low educational levels, a�ults with fimited English speaking sk�lls, teen pregnancy, schaol dropouts, and yautl� at risk af �ntering the juvenile justice system. Many of the previaus Diamand Hili Coaliiion After-Schaol Program participants ar� naw in high schaol and still afitend the current program. The Diamond Hilf Connection After-5choal Program provides supervised after-school educational, cult�ral, and recreational activities for middle and high school a�e yauth an� is design�d to promote schaol atfendance, discipline, and learning. Another ma�or emphasis of this new program is #o provide participants with the skills needed to �mprove their academic competency in reading, writing, and mathematics, with the goal of increasing their scores on the Texas Assessment af Academ�c Skills {TAAS) test and the new Texas Assessment of Knowledge and 5kills {TAKS) test. Passing these tests is a necessary requirement fior graduatian. Many students b�came frustrated because they can'# pass them and subsequently drop out of school. This portion of the program is designed to increase the passing rate for the participants, tF�us increasing their graduation rate. On August 29, 2001 {M&G G-13358), the City Co�ncil authorized the first grant application to be subm�tted far three y�ars of funding as autl�ned below: st�r .E Reauest Fundinq Dates $130,371 $104,297 $ 78,223 FY2002 - Year 1 FY2003 - Year 2 FY2004 - Year 3 (September 1, 2001 -August ��, 2002} {September 1, 2002 - August 31, 20�3} (September 1, 2043 - August 31, 2004) Addiiional funds were not required for FY2002, The grant applications for FY20p3 and FY2004 do require an additional contribution to maintain fh� [eveE of effort af the initial funding period. The additional funds are scheduled to be raised by the partnering agencies, if necessary, to maintain fhe current level af service. After three years of funding, if the program continues, all project costs must be assumed by the grantee. The OfFice of the Governor, Crlm�nal .fustice �i�ision, amended the Texas Administrative Code, 5ecfion 3.2021(3), which requires that a go�erning board o�€ a ci#y, counfy, ar eligible non-pro�it organization must specificaily designate the authorized official to accept, reject or alter granfs if it is nat the Chief Executive. Consequently, Joe Paniagua, Assistant City IVlanager, would be designated as the authorized ofFicial upon appro��l of this Mayor and Councif Communication. C'ity o�"�'o�t Wo�tli, T'exas �� C'�c�r�� rr��n�c�� DATE R�FERENC� NLlMBER L�G NAME PAGE 10/29/02 �`*C�193�3 80DiAMOND 3 af 3 SUBJ�CT AUTHORIZATION TO APPLY FOR AND ACCEPT A GRANT FROM THE CRIMINAL. JUSTICE DIVISI�N OF' THE QFFICE OF THE GOVERNOR OF TEXAS TO OPERATE THE DIAM�ND HILL CONNECTION A�TER-SCHOOL PROGRAM; ADOPTI�N OF ASSOCIATED APPR�PRIATION ORDINANCE; AND AUTHOR1ZATlON TO EXECUTE CONTRACTS WITH THE YMCA OF METROPOLITAN FORT WORTH AND CAMP FIRE USA F1RST TEXAS COUNCIL Additionally, the Criminai Justic� Division requires thaf in �he event of loss or misuse of funds, the Cify Council ensures that funds will be returned ta �t in full. The Diamond Hifl Connection After-Schoo[ Program is located in COUNCIL DfSTRICT 2. F15CAL INF�RMATIONICERTIFICATION: The Finance Direcfar certifies that upon approval of the above recommendations, attached appropriation ardinance and r�ceipt of the grant, funds wilf be available operating budget, as appropria#ed, of the Grants Fund. ,lP:k Submitted far C'sty Manager's Office by: 7oe Paniagua Origina�ing De�artment I�ead: Richatd Zavala Add'ttianal Information Contact: Richard Zavala I FIJND , ACCOUNT � (fa) � GR76 451644 G14D I GF276 539120 GR7B 539120 , 57Q4 I (from) � 5704 I CENTER 080202817000 08p202817p10 08020281702p I AMOIINT adoption of the in fhe current CITY S�CR�TARY APPKOVLI.) If?/291Q2 ORIa.# 15315 $104,297.00 � $ 69,387.OD � $ 34,930.00 �