HomeMy WebLinkAboutContract 28412'1
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CONTRACT BETWEEN THE CITY �F FORT WORTH
AND
THE YMCA OF METROPOL�TAN F�RT WORTH
�TATE �F TEXAS §
C�UNTY OF TARRANT §
Tlus contract is made and entered into between the City of Fort Worth, Texas, a
hoine-rule municipal corporation situated in Tarrant at�d Dez�ton Counties, (hereinafter
referred to as "Gra7itee Agency") and the YMCA of Me�rapolitan Fori Worth, a Texas
nonprofit corporation (hereiu�after refexred to as tl�e "�ervice Provider").
1. PURPO�E. Tlze purpose of. tlus conii•act betweei� the Grantee Agency aiad the
Service Pro�ider is to xmplement the Diarnond HiII Car�ectian After-�chool Program
through fil�e use of �lie Crirninal Justiice Division af the Governor of Texas Grant No. ED-
O1-J20-15Q4b-04. .
2. TERM. The terin of this contract sha11 eomrneilce an September 1, 2002,
aud shall end on Augusi 31, 2003, unless extended by t11e Criminal Justice Divisian a�
i�1e Governor of Texas or terminated as otlserwise provided for u� this cantract.
3. M�NIT�RING PROCESS. The Gran#ee Agency I5 responsible for
closely monitoring t11e act'ivities of t�e Service �rovider and shall exercise reasonable
care to enforce alI terms and conditions of Criminal Justice Division of the Governor of
Texas Grant No. ED-01-]20-15046-04, titled Diamond Hill Camlectian Aftex-Schoal
Program (l�ereinaftex xe�erred ta as the_."Grant"). The Sexvice Provider agrees to fulIy
coQpexate in tbe monitariz�g process by the Gxaaatee Agency.
4. RECORDS. Pursuant to the requirements of the Unifo�m Grant crnd Contract
Management Standar�ds (UGCMS), promulgated pursuant to 5ectioii 783, of the
Government Code are adopted by reference as part nfthis contract, including the eo�utract
pravision as in Section 36, Co�nnmon Rule o� OMB, of the above standards. The Gxantee
Agency SHALL (checic one):
9 Keep ail proj ect recards.
A Assist tlle Service Provider to estaUlish a set of records that conaply wit.�i
the requireineiYts of the gran# and periodicaily inspect sucl� reco�ds ia
ensure that ihey are properly kept.
Records shall be retained for at Ie�st tl�ree (3) years following the closure of ihe
mast xecent audit report and until any outstanding litigaiion, audit or claim has
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beezi resolved. Records are suhject to inspection Uy Criilvnal Justice Division, ar
aiiy state or federal agency authorized ta inspect the sa�ne.
S. RES�ONSISILITIES OF THE SERVICE PROVIDER. The Servic� Provider
is designated as "Project Director" for the Diamond Hill Coruiection After-School
�rogra.�n anc� will fizrnisll work, seivices, programs and activities in accordance �avith �ie
criteria aild defuutioil of responsibilities set forth in the Governor's Crinunal Justice Plau
for Texas governiilg subinission of the a�plication appr�ved as Graut No. ED-41-J2a-
15046�-04. Structured positive prevention/interventzon progra�n activities will include,
but ziat be liunzted ta, teez� era.richinen#, social se�-vices, recreation and fitness, tutoring,
corrununity service, uicentivelrecogiufion, aduli training arld educatioil. Prograrns shall
Ue desigiled to promote a dru�s and weapons-free e�lviranu�ent, pro��ote respect far d�e
riglits oi others, fost�r uidividL�al responsiUility and promote schooi attendance, d'zscipliz�e
aaxd lea�-��u�.g. Sez°vice Provider ui�derst�ds and agrees tllat tutaring ax�d preparatiai� £or
fihe Texas Assessment of Academzc Slcills (TAAS) test is a major program component of
lhe Grasit.
6. PAYNIGNT. The total ainount of the paymEilt to the Servic� Provider shall not
exceed the total an�oiult of tl�� grant of $64,367.�a.
Payment will be made to tl�e Service Pravzder as follows:
S�rviee Provider shall provide a moilthly invoice to the Grantee Agency far
xeu�nburseine�t of ser�ices pravided to the Diamond HiII Cannection After-School
Prograan. Pa}�ment will he processed monthly by the Grantee Agency %llowing
receipt of tlie rx�ont��.y uavaice from �l�.e Sexvice Pravider.
Bi11ii1g for the services provided by the Ser�ice Provider per the terms of tl�is
Contract wilI be provided in the same nlanner as it would be provided to
institutianal purcliasers in ihe absence of a grant and s11a.11 cansist of a bri�f
statement of t��.e service ox ot�ier iteins provided a��d tlxe basis �ar the billi�g rate.
7. DE�'AULT. I�i the event of a default of any tecins or requirezazez�.ts o� this
Coiltract andlor the Grant by the Service Provider, tlie Grantee Agency may cancel or
suspend tl�e cai�tract and the Service Provider shall be entitled to recover for a11 services
�aravided or inaterzals delivered prior to ihe cancellatioii date (or uizused materials may be
retunied) ar sha11 repap ak�y fu�ds advanced for services not yet re��d�red.
S. COMPL�ANCE. All licenses, legal certifications, or ix�spectipns requir�d for
the services, facilities, equipment, or materials, and alI applicable state az�.d �ederal laws
and local ordinances must Ue complied yvitll by tlle Service Provider. Failure to eom�aly
with �liis requirement s11a11 be treated as a defauli.
9. TERMINATION. This contract shall automatically terininate on the grant
expiraiion date ar any extensiau date thereaf granted by Criliunal Justice Division or
upon terini��.ation of the underlying grai�t by tl�e Criminal �ustice Divisiou, f�ll se�rvices
billed hereunder nlust be reildered witluil the grai�t period.
10. ADDITIONAL PROVISIONS. Any additional prnvisiails desired by the
paxties or wluch Crunin�l Justice Divisian may direct to be added by specific inst�ructions
sha11 be enumera�ed aild executed by the Service Pravider aud Gzantee Agency.
11. FUNDING. It is ui�derstood by all parties �liat �ayz�.�e��t obligations created by
this Canhac� are conditioned upan the availability o� State az Federal funds appropriated
pr allocated for the payment of such obligations,
12. �NDEPENDENT CONTRACTOR. Service Provider sl�all operate under �l�is �
cofltxact as an independeilt cantractor as to all right� aTld �T1V1I�g�5 contained in t.�is
cpntract, and not as an agent, representative, servant or emplayee of'the Grantee Agel�cy.
Subject to the ter�ns of this Cantrac#, Service Providez shall 11ave the right Yo contral �he
details of perforinance hereunder. Grantee Agency aa�.d �ezvice Provider agree that the
doctrine of responderlt superior shall not apply as between Gra�itee Ageiicy and Service
Provider, and that S�rvice Provider shall be solely responsi�le for any and all acts or
omissian a� l�xr�self, l�is agents, servants, ein�loyees, coiltractors or subcont�actors; and
that nothing herein sl�alj be consfrued as creating a partnership or joi�it enterprise betw�en
Grantee Agency and Service Provider. In t1�e event of a dispute, any doubt as to tlle
constr�.tction af this contract shall be resalved so as to tnaintaiil Service Frovider's sta�.is
as ai� i��dependei�t coxltractor.
13. INDEMNIFICATI�N. Service Provider covenants and agree� to and does
hereby indemnify, hold harrriless and defexld, at its owri expeiise, Qwiler, its offic�rs,
servai�ts and �mployees, fioin and agai�lst any aa�d all claizx�s c�x suits for pzoperty Ioss or
dai��age and/oz• persoilal iiljury, includiiig death, to any a�id alI persoi-�s, af whatsaever
kind c�r character, whether real or asserted, arising out of �lie worit azld sezvices ta be
perfori�ied hereuuder l�y Cos1#ractor, its officers, ageizts, einployees, subcont�actors,
licensees or invifees, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART,
BY THE ALLEG�D NEGLrGENCE OF THE OFFICERS, SERVANTS OR
EMPLOYEES, OF THE GRANTEE AGENCY; �ad sazd Sexvice Provider does
�iexeby cavei�ant and agzee to iildemriify, defeild, and hal.d haxmless tl�e Gzautee Agency,
its officers, sexvants aud employees for any and all, claims or suits for property loss ar
dainage andlor persax�al in�ur�, iiicluding death, to ai�y a�.id all persons, o� wl�atsoevear
kirld ar clzaracter, wlietb.er real or ,asset-ted, arising out of, tlle work and services to be
��erformed hereunder by Contractor, its officers, agents, einployees, ❑r SUUC011fiCc'iC'�OT5,
WHETHER OR NOT CAU�ED, IN WHOLE OR IN PART, BY THE ALLEGED
NEGLIGENCE �F THE OFFIG`��5, SERVANTS, OR �MPLOYEES OF THE
GRANTE� AGENCY. Service Provider likewise cavenauts and agre�s #o, and does
hereby, indez�xify and hold harinless Grantee Agency froin ax�d �gainst any and all
i��juries, daanage, loss o� dest�uction to property of Grantee Agency during tlie
perfoi-mance of ai�y of �.ze tex•ms and conditions of iiifs Coiztract, W�ETHER ARISING
OUT OF �N WHOLE OR YN PART, ANY AND ALL ALLEG�D ACTS OR
OMISSIONS OF OFFICERS, OR EMPLOYEES OF GRANTEE AGENCY.
14. ASSIGNMENT. Service Provider shall not assign, subcontract, sublei ar
transfer any or all of his rights or responsibilities under this contract and any a#tempted
ass�gnment, subconiract, subleasa ar transfer of all or any part hereof sha11 immediately
ternunate fihis Contract.
15. TNSURANCE. During the term of this contract, Service Provider shall
maintain in fuli farce and effect, at his awn cost and expen5e, insurance cov�rage in an
amount as required by the Grantee Agency. It is agreed between the Service Pro�ider
and the Grantee Agency that the Ser�ice Provider will secure and fi.unish Grantee
Agency with a CERTIFICATE OF LIABIL,ITY INSUItANCE which wili remain in
force during the term of this lease, in the amount of $1,OOfl,000 for each occurrence and
$2,000,000 for gen�ral aggregate, $1,OOO,Q�O in auto liability cov�erage and $500,400 in
Workers' Compensation coverage for each accident. The CERTIFICATE OF
LIABILITY INSUR.ANCE sha111ist the Service Provider as the insured and the "City of
Fart Worth, Texas, its officers, agents and employees" as an additional insured.
16. PARENT/GU.ARDIAN PERMISSION F�RMS,. Service Provider will require
all par�nts and/or guardians af minor participants in the program to sign a form indicating
that the minor participant has pernussian ta participate in the program. Said form shall be
approved by the Grantee Agency before commenc�ment af any program by the S�rvicc
Provider.
17. VENUE. This coniract and relationship of tne parties created hereby and
shall be cansttued in accordance with and be governed by the laws of the State of Texas.
Venue fox any suit, ai law or in equity, shall lie exclusively in Tarrant County, Texas,
1$. SECTION HEADINGS. The secfionheadings contain�d in this contract are
for canvenience in reference only and are not intended to define or limit thc scope of any
provision of this contrac�.
[The balance of the page left inten�ional blank.]
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IN WITNESS WHEREOF, �he pax-tzes h�reby liave exacuted tlus contract on this
date, tl�e of , 2403.
CITY OF FORT WORTH
1000 Thraclunorton S�treet
Fort Wor , Te�€ 761 Q2
(817) 87 -76�
Joe P
Datie:
ized Official
ta�t Gity Manag�r
YMCA �F METROPOLITAN FORT WORTH
S40 Lamar Street
Fart Worth, Texas 76102
(�17) 335-614_ 7 �
Signature,-
Narne and
Date:
APPRQVED A� TO F�RM AND LEGALITY:
David Yett, City Attorney
$y:���- � �l
as�zs��t �¢x� attox��y
AT'�'F.STED BY
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C�- � �� �� �
Contract Authorization
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D�t�
��i�d Off'rcial
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City of Fo�t I�o�th, �'e�as
f�l�yor �r�d Cou��il �ommur�����io�
DA7E REFERENCE NUMBER LOC NAME PAGE
101291Q2 **��� 9��� 8QDIAMOND 1 of 3
suB��cr AUTHORIZATION TO APPLY FOR AND ACCEPT A GRANT FROM THE CRIMINAL
JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR OF TEXAS TO OPERATE
THE DIAMOND HILL CONNECTION AFTER�SCHOOL PROGRAM; ADOPTION OF
ASSOCIATED APPRDPRIATIDN ORDINANCE; AND AUTHORIZATION TO EXECUTE
CONTRACTS W1TH THE YMCA OF METR4PQLITAN FQRT WORTH AND CAMP
FIRE USA FIRST TEXAS C4UNCIL
RECOMII+�IENDATION:
it is recommended that the City Council:
�. Authorize the City Manager to apply for and accept, if awarded, a grant fram the C�iminal Justice
Division af the Office of the Governor of Texas in the amount of $104,297 #o operate the Diamond
Hill Connection After-School Program from September 1, 2002, ta August 31, 2003; and
2. Adapt the attacn�d appropriation ordinance increasing esfimated receipts and appropriations in t�e
Grants Fund by $1 Q4,297 from availabla funds, subjeci io receip# o# the grantP and
3. Authorize the City Manager t� designa#e Jae Paniagua, Assistant City Manager, as the autharized
official fior the Diamond Hill Cannection Afier-School Program fo accept, r�j�c#, or aiter this grant, if
awarded; and
4. Autharize the City Manager, contingent upon receipt of the grant award, to �xecute car�tracts with
the YMCA of Metropo{itan Fort Wnrth in an amount not to exceed $69,367, and Camp Fire USA
First Texas Council in an am�ur�t not to exceed $34,J30, to canduc# t�e Diamond Hill Connection
After-5chool Pragram.
DISCUSSION:
Or� August 28, 2DD1 (M&C G-13358), ihe City Council authorized acceptance of a grant in the amount
of $13a,371 from the Criminal Justic� Di�ision af the 4ffice af the Go�ernor of Texas. The Parks and
Cammunity S�rvic�s Departmenf submitted the praposa! for the Diamand Hill Gonnec#ion After-Schoal
Pragram in collaborafion with the YMCA and Camp F�re USA First Texas Council. That grant was fior
the first af three years of f�nding. The proposed grant is for the second year.
Previously, on March 26, 1996 (M&C G-11434), the City Council authorized the acceptance of a grant
in t�e amount of $12�,938 from the Governor of Texas, Interim Pian for Safe and Drug-Free Schools
a�d Communities Program. The Parks and Cammunity Services Departmeni submitied the proposal
far the Diamond Hill Coalition After-Schaol Program. For over five y�ars, this sucG�ssful co[laboration
with the YMCA and Camp Fire provided after-schoal programs for youth ages 11-15 on the north side
of Fort Worth. Th� initial program expired on August 31, Zaa� .
�`ity v, f'�'o�t �orih9 2'exas
M�yor and Coun�il Cor�muni����on
DATE REF�R�NCE IVUMSER LOG NAME I PAGE
10/29/02 **�.� 93�3 80DIAMOND
2of3
SUBJECT AUTHORIZATION T� A�'PLY F�R AND ACCEPT A GRANT FROM THE CRIMINAL
JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR OF TEXAS TO OPERATE
TNE DIAMOND HILL CONNECTION AFTER-SCHQOL PR�GRAM; ADQPTI�N DF
AS50CIATED APPROPRIAT�ON ORDINANCE; AND AUTHORIZATION TO EXECUTE
CONTRACTS WITH THE YMCA OF METROPOLITAN FORT WORTH AND CAMP
FIRE U5A F'IRST TEXAS COUNCIL
The currenf grant application is to fund the Diamvnd Hill Connection After-School Program for youth
ages 14-� 7 on the north side of Fort Worth. The target population lives in a community with risk factors
such as su6stance a�use, high crime, low educational levels, adults with limited English speaking skills,
teen pregnancy, scF�ool drapouts, and yauth at risk of ent�ring the juvenile justice system. Mar�y of the
previous Diamond Hill Coalition After-School Program pa�ticipants are now in high schaol and sti[I
atten� the currenfi program.
The Diamand Hill Connection Afier-Schaol Pragram pravides supervised after-school educational,
cultural, and recreational activi�ies for middle and high schoal age youth and is designed fo �romate
school �ttendance, discipline, and learning. Another major emphasis of ihis new program is to provide
par�icipants with #he s�Cills r�e�ded to improve th�ir academic competency in reading, writing, and
mathematics, with �he goal of increasing their scores on the Texas Assessment of Academic Skills
(TAAS) test and tF�e new Texas Assessment of Knowledge and Skills (TAKS) test, Passing these tests
is a necessary requirement for graduation. Many studenis become frustrated �ecause they can't pass
them and subsequently drop out of school. This portion of the program is designed to increase the
passing rafe for the participants, thus increasing their graduation rate.
On August 29, 2001 {M&C G-13358}, the City Cauncil authorized the first grant application ta be submitted
for three years of funding as outlined below:
Amaunt
$130,37�
$104,297
$ i8,223
Req u est
FY2002 - Year 1
FY2q03 - Year 2
FY2004 - Year 3
Fundinq Dates
(September 1, 2Q01 - August 3'i, 2a02)
(September 1, 2Q�2 - August 31, 2003)
{September 9, 2003 - August 31, 20D4)
Additional funds were not required for FY2002. The grant applicatians for FY20a3 and FY2004 do
reauir� an additional corttribufion to maintain the level of effari af the initial funding periad. The
additional f�nds are scheduled io be raised by the partnering agencies, if necessary, fo maintain the
current level of service. After three years of funding, if the program cantinues, all project costs must be
assumed by the grantee.
The Office of the Governor, Criminal Justice Di�ision, amended the Texas Administrative Code, Section
3,2021(3), whicn requires that a go�erning board of a city, county, or eligib�e non-prafi# organization
must specifically d�signate the authorized afficial ta accept, reject or alter grants if it is not the C�ief
Executive. Co�sequenfly, Joe Pa�iagua, Assistant City Manager, would be designated as the
aufhorized official upon approval ofi this Mayor and Council Communicafion.
C'ity of'�or� YVo�th9 �exas
f�i��r�r �nd Cou�c�l Ca�r�u�i���io�
DA7E REFERENCE NUMBER LOG NAME PAGE
1 a/291a2 *�C�'� 93�3 SODIAMOND 3 of 3
sus��cT AUTHORIZATl�N TO APPI. ��R AND ACCEPT A GRANT FROM THE CRIMINAL
JlJSTICE DIVISION OF THE OFFICE OF THE GOVERNOR OF TEXRS TO OPERATE
THE DIAMOND HILL CONNECT[4N AFTER-SCH�OL. PROGRAM; ADOPTION OF
ASSOCIATED APPR�PRIATI�N ORDINANCE; AND AUTHORIZATION TO EXECUTE
CONTRACTS WITH THE YMCA OF METROPOLITAN F4RT WORTH AND CAMP
FIRE USA FIRST TEXAS C4UNCIL
Additionally, the Criminal Justice DivisiQn requires that in the event af loss ar misuse of funds, ihe City
Council ensures that fu�ds will be returr��d to it in fuEl.
The Diamand Hill Cor�nection After-School Program is locafied in COIJNCIL DISTRICT 2.
F15CAL IN�ORMAT[�N/CERTI�ICATION:
The Financ� Dir�ctor cer�ifies that upon appro�al of th� abaue recommendations, adopfiion of the
attached apprvpriation ordinance and receipt of the grant, funds will be available in the current
operating budget, as appropriated, of the Grants Fund.
JP:k
Submi[ted for City Manager's
Office by:
Joe Faniagua
Originating Department Aead:
Richard Zava[a
614�
5704
I FUND I ACCOUNT I CENTER
� (to)
� GR76 451644 Q8020281700D
I GR76 53912p 080202817010
i GR76 539'�20 080202817020
�
I (from)
I AMOUIVT
$104,297A0
$ 69,367.00
$ 3�4,930.00
CITY SECR�TARY
�
M
`
APPROVED 10/29/02
ORD.# 15315
Additipnal Informatipn Cunt�ct:
Richard Za�ala
�
5704 I