HomeMy WebLinkAboutContract 32526 CITY 8,pCRETARY
AGREEMENT BETWEEN UNITED COMMUNITY CENTERS,INC.,
AND
THE CITY OF FORT WORTH
STATE OF TEXAS §
COUNTY OF TARRANT §
In consideration of the mutual covenants, promises and agreements contained herein, this
agreement is made and entered into between the City of Fort Worth, hereinafter referred to as
"City," acting by and through Joe Paniagua, its duly authorized Assistant City Manager, and
United Community Centers,Inc., hereinafter referred to as "Contractor," acting by and through
Celia Esparza, its duly authorized President/CEO.
RECITALS
WHEREAS, the City of Fort Worth has received funds from the Fort Worth Crime
Control and Prevention District to support a Safe Haven program; and
WHEREAS, United Community Center, Inc.,proposes to provide a Safe Haven program
at the Bethlehem Community Center, 970 E. Humbolt, 76104; and
WHEREAS,the City of Fort Worth and United Community Centers, Inc., desire to enter
into a contract and agreement whereby the City of Fort Worth will furnish Fort Worth Crime
Control and Prevention District funds to United Community Centers, Inc., for use in the
operation of the Safe Haven program;
NOW, THEREFORE, in consideration of the mutual covenants herein expressed,the
parties agree as follows:
AGREEMENT
1.
Contractor covenants and agrees to fully perform, or cause to be performed, with good
faith and due diligence, all work and services described in Exhibit "A," attached, and
incorporated herein for all purposes incident to this contract. Contractor agrees to expend the
funds herein provided in accordance with its budget, described in Exhibit "B," attached.
Contractor will maintain equipment purchased under this grant and use such equipment in
support of this program.
2.
It is understood and agreed that in no event shall the total distributions of funds made to
the Contractor during the term of this agreement exceed the total sum of$126,616. In the event
this contract is terminated for any reason at any time Contractor shall return to City any unused
portion of the funds distributed hereunder. It is agreed that the funding provided hereunder shall
be made on an on request basis in advance following receipt from the Contractor of an itemized
statement of anticipated expenses.
3.
The term of this agreement is for a period beginning on October 1, 2005, and ending on
September 30, 2006.
4.
It is expressly understood and agreed by and between the parties hereto that this
agreement is wholly conditioned upon the actual receipt by City of funds from the Fort Worth
Crime Control and Prevention District and that if such funds from the Fort Worth Crime Control
and Prevention District are not timely forthcoming, in whole or in part, City may, at its sole
discretion,terminate this contract and agreement.
5.
This agreement may be terminated by either party hereto, in whole or in part, at any time
and for any reason, upon written notice to the other parry. Such written notice shall specify to
what extent the work under the agreement is being terminated and the effective date of the
termination. Within thirty (30) days after the effective date of the termination, Contractor shall
forward to City an invoice for all expenditures prior to the effective date of termination and City
shall remit payment in full within sixty(60) days after the date of such invoice.
6.
Contractor and City covenant and agree that in the event either party fails to comply with,
or breaches, any of the terms and provisions of this agreement, each party shall provide written
notice to the other as soon as reasonably possible after the non-breaching party becomes aware
of the failure to comply or breach of contract. In the event that the breaching party fails to cure or
correct such breaches within a reasonable time following the receipt of notice, such reasonable
time not to exceed 15 days, the non-breaching party shall have the right to declare this agreement
immediately terminated, and neither parry shall have further responsibility or liability hereunder.
7.
Contractor covenants and agrees to fully cooperate with City in monitoring the
effectiveness of the services and work to be performed with the Contractor under this agreement,
and City shall have access at all reasonable hours to offices and records of the Contractor, its
officers, members, agents, employees, and subcontractors for the purpose of such monitoring.
Contractor shall deliver to City a monthly report of its activities and a monthly statement of its
receipts and expenditures of funds, and each such statement shall be signed by the Contractor or
a duly authorized officer of the Contractor. Each monthly report and statement shall be
submitted to City no later than the 10th day of the following month.
8.
Contractor shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of City. Contractor shall be solely responsible for the acts and
omissions of its officers, members, agent, servants, and employees. Neither City nor Contractor
shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of its
officers, members, agents, servants, employees, or officers of the other.
9.
City shall in no way nor under any circumstances be responsible for any property
belonging to Contractor, its officers, members, agents, employees, subcontractors, program
participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged.
10.
City and Contractor covenants that neither it nor any of its officers, members, agents,
employees, program participants, or subcontractors, while engaged in performing this contract
shall in connection with the employment, advancement, or discharge of employees, or in
connection with their terms, conditions or privileges of their employment, discriminate against
persons because of their age, except on the basis of a bona fide occupational qualification,
retirement plan, or statutory requirement.
11.
Contractor, in the execution, performance or attempted performance of this contract and
agreement, will not discriminate against any person or persons because of sex, race, religion,
color or national origin, nor will Contractor permit its agents, employees, subcontractors or
program participants to engage in such discrimination.
12.
The provisions of this agreement are severable and if for any reason a clause, sentence, or
paragraph or other part of this agreement shall be determined to be invalid by a court or federal
or state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid
provision.
13.
The failure of City or Contractor to insist upon 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 or Contractor's right to assert or rely upon any such term
or right on any future occasion.
14.
Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or non-performance of this contract and agreement, venue
for said action shall lie in Tarrant County, Texas.
15.
The governing bodies of City and Contractor have approved the execution of this
agreement, if required, and the persons signing the agreement have been duly authorized by the
governing bodies of the City and Contractor to sign this agreement on behalf of the governing
bodies.
16.
This written instrument constitutes the entire agreement by the parties hereto concerning
the work and services performed hereunder, and any prior or contemporaneous, oral or written
agreement which purports to vary from the terms hereof shall be void.
IN WITNESS WHEREOF, the parties ereto have xecuted this agreement in multiples
in Fort Worth, Tarrant County, Texas,this 191 ay of , A.D. 2005.
ATTEST: CITY OF FORT WORTH
pn" I By:
City Secretary Joe ani i
As Stan �i ager
APPROVED AS TO FORM AND LEGALITY: contract Authorizatio
By:
Assistant City Attdfney, for
David Yett, City Attorney
Date: N
ATTEST: UNITED COMMUNITY CENTERS, INC.
4_
By.
Celia Esparza
0- e-,7& Fl, ��''�C tO President/CEO
4
Exhibit"A"
Annual goals for the Safe Haven Program at Bethlehem Center.
1. Provide programs for 200 youth living within 5 miles of the Bethlehem Center.
2. Provide 17,000 Service Units of documented activities consisting of recreational and
athletic activities for 100 youth.
3. Provide 12,000 Service Units of documented activities of cultural enrichment activities
for 100 youth.
4. Provide 7,500 Service Units of documented activities of educational enhancement
activities for 100 youth.
5. Provide 4,000 Service Units of documented activities of Alcohol and Substance Abuse
prevention activities for 100 youth.
A Service Unit is defined as one youth participating in a unique, documented activity or event
per participation day.
. .
Exhibit"B"
Budget
Bethlehem Center Safe Haven Budget
Center Director $24.000.00
PT ACT III Associate $18.000.00
PT Front Desk Clerk $8.000.00
Contract Services $43.500.00
(Totora, Coaching, Instructors and
fees)
Supplies $15.116.00
Transportation $7.000D0
Benefits and Taxes $8.000.00
Other $3.000.00
Includes Telephone,Postage,
Liability Insurance
Total $126.616.00
/
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COUNCIL ACTION: Approved on 912712005
DATE: Tuesday, September 27, 2005
LOG NAME: 35BETHLEHEM REFERENCE NO.: '*C-:
SUBJECT:== �= .
Authorize Execution of Contract with United CO[O[OUnH« C8OtB[. Inc., for the Operation Of e
Haven Pn]g[80O at the Bethlehem CODlDlUOif« C8Ot8F
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a contract with United Community Centers, Inc., to opo|
Safe Haven Pnlgrmrn in the amount of$126,616.00; and
2. Authorize the contract to begin October 1, 2005 and expire September 30' 2000.
�
DISCUSSION:
The Safe Haven Program began in 1992 as part of the Weed and Seed G[ont, which expired Sept(
30' 2000. Safe Havens one places for children in targeted neighborhoods to play and learn with
Chi|d[9O without fear ofbeing g Vi[diDl of crime.
The Safe Haven Program was first operated in the near Southeast part of Fort Worth and was
-
expanded to the Diamond Hill neighborhood. One site is at Polytechnic Martin Safe Haven at 3123/V
G and the other ioot Kirkpatrick Middle School.
United {}onnnnunitx [}enter' Inc., proposes to provide a Safe Haven Program for youth living within
mile radius of the Bethlehem [}ornrnunitv Center located at 970 East HWnnbo|t. The services pnovidE
consist of nacreotionm|, athletic, ou|tuns| enriohnnent, educational enhancement, as well as substance �
prevention activities.
Funding in the amount of $120.010.00 has been allocated in the Crime Control and Prevention [
(CCPD) budget in FY2O05-OO for this Safe Haven Pnog[onn site.
The Bethlehem Community Center is located in COUNCIL DISTRICT 8.
FISCAL '
The FiO@O0g Director certifies that funds are available in the FY2005-2006 operating budgf
appropriated, of the Chnno Control and Prevention District Fund.
http://www.cfwnet.org/coulicil_packet/Reports/l�nc_print.asp 11/1/2005
Page 2 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
GR79 539120 0359808 $126,616.0
Submitted for City Manager's Office by- Joe Paniagua (6140)
Oriainating Department Head: Ralph Mendoza (4210)
Additional Information Contact: Susan Alanis (4221)
http://www.cfwnet.org/council_packet/Reports/rnc_print.asp 11/1/2005