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HomeMy WebLinkAboutContract 29336 CITY CONTRACT CONTRACT NO. Y BETWEEN THE CIS CITY OF FORT WORTH AND THE YMCA OF METROPOLITAN FORT WORTH STATE OF TEXAS § COUNTY OF TARRANT § This contract is made and entered into between the CITY OF FORT WORTH, , a home-rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas (hereinafter referred to as "Grantee Agency") and the YMCA OF METROPOLITAN FORT WORTH, a Texas nonprofit corporation (hereinafter referred to as the "Service Provider"). 1. PURPOSE. The purpose of this contract between the Grantee Agency and the Service Provider is to implement the Diamond Hill Connection After-School Program through the use of the Criminal Justice Division of the Governor of Texas Grant No. ED- 03-J20-15046-05. 2. TERM. The term of this contract shall commence on September 1, 2003, and shall end on August 31, 2004, unless extended by the Criminal Justice Division of the Governor of Texas or terminated as otherwise provided for in this contract. 3. MONITORING PROCESS. The Grantee Agency is responsible for closely monitoring the activities of the Service Provider and shall exercise reasonable care to enforce all terms and conditions of Criminal Justice Division of the Governor of Texas Grant No. ED-03-J20-15046-05, titled Diamond Hill Connection After-School Program (hereinafter referred to as the "Grant"). The Service Provider agrees to fully cooperate in the monitoring process by the Grantee Agency. 4. RECORDS. Pursuant to the requirements of the Uniform Grant and Contract Management Standards (UGCMS), promulgated pursuant to Section 783, of the Govermnent Code are adopted by reference as part of this contract, including the contract provision as in Section 36, Common Rule of OMB, of the above standards. The Grantee Agency SHALL (check one): 0 Keep all project records. 0 Assist the Service Provider to establish a set of records that comply with the requirements of the grant and periodically inspect such records to ensure that they are properly kept. U��U�� tS cliff Ne Py Records shall be retained for at least three (3) years following the closure of the most recent audit report and until any outstanding litigation, audit or claim has been resolved. Records are subject to inspection by Criminal Justice Division, or any state or federal agency authorized to inspect the same. 5. RESPONSIBILITIES OF THE SERVICE PROVIDER. The Service Provider is designated as "Project Director" for the Diamond Hill Connection After-School Program and will furnish work, services, programs and activities in accordance with the criteria and definition of responsibilities set forth in the Governor's Criminal Justice Plan for Texas governing submission of the application approved as Grant No. ED-03-J20- 15046-05. Structured positive prevention/intervention program activities will include, but not be limited to, teen enrichment, social services, recreation and fitness, tutoring, community service, incentive/recognition, adult training and education. Programs shall be designed to promote a drugs and weapons-free enviromnent, promote respect for the rights of others, foster individual responsibility and promote school attendance, discipline and learning. Service Provider understands and agrees that tutoring and preparation for the Texas Assessment of Knowledge and Skills (TAKS) and Texas Assessment of Academic Skills (TAAS) tests is a major program component of the Grant. 6. PAYMENT. The total amount of the payment to the Service Provider shall not exceed the total amount of the grant of$52,409. Payment will be made to the Service Provider as follows: Service Provider shall provide a monthly invoice to the Grantee Agency for reimbursement of services provided to the Diamond Hill Coimection After-School Program. Payment will be processed monthly by the Grantee Agency following receipt of the monthly invoice from the Service Provider. Billing for the services provided by the Service Provider per the terms of this Contract will be provided in the same manner as it would be provided to institutional purchasers in the absence of a grant and shall consist of a brief statement of the service or other items provided and the basis for the billing rate. 7. DEFAULT. In the event of a default of any terms or requirements of this Contract and/or the Grant by the Service Provider, the Grantee Agency may cancel or suspend the contract and the Service Provider shall be entitled to recover for all services provided or materials delivered prior to the cancellation date (or unused materials may be returned) or shall repay any funds advanced for services not yet rendered. 8. COMPLIANCE. All licenses, legal certifications, or inspections required for the services, facilities, equipment, or materials, and all applicable state and federal laws and local ordinances must be complied with by the Service Provider. Failure to comply with this requirement shall be treated as a default. 2 9. TERMINATION. This contract shall automatically terminate on the grant expiration date or any extension date thereof granted by Criminal Justice Division or upon termination of the underlying grant by the Criminal Justice Division. All services billed hereunder must be rendered within the grant period. 10. ADDITIONAL PROVISIONS. Any additional 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 Service Provider and Grantee Agency. 11. FUNDING. It is understood by all parties that payment obligations created by this Contract are conditioned upon the availability of State or Federal funds appropriated or allocated for the payment of such obligations. 12. INDEPENDENT CONTRACTOR. Service Provider shall operate under this contract as an independent contractor as to all rights and privileges contained in this contract, and not as an agent, representative, servant or employee of the Grantee Agency. Subject to the terms of this Contract, Service Provider shall have the right to control the details of performance hereunder. Grantee Agency and Service Provider agree that the doctrine of respondent superior shall not apply as between Grantee Agency and Service Provider, and that Service Provider shall be solely responsible for any and all acts or omission of himself, his agents, servants, employees, contractors or subcontractors; and that nothing herein shall be construed as creating a partnership or joint enterprise between Grantee Agency and Service Provider. In the event of a dispute, any doubt as to the construction of this contract shall be resolved so as to maintain Service Provider's status as an independent contractor. 13. INDEMNIFICATION. SERVICE PROVIDER COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, OWNER, ITS OFFICERS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS, SERVANTS OR EMPLOYEES, OF THE, GRANTEE AGENCY; AND SAID SERVICE PROVIDER DOES HEREBY COVENANT AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE GRANTEE AGENCY, ITS OFFICERS, SERVANTS AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF, THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS, SERVANTS, OR EMPLOYEES OF THE GRANTEE AGENCY. SERVICE PROVIDER LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD HARMLESS GRANTEE AGENCY FROM AND AGAINST ANY AND ALL INJURIES, DAMAGE, LOSS OR DESTRUCTION TO PROPERTY OF GRANTEE AGENCY DURING THE PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS CONTRACT, WHETHER ARISING OUT OF IN WHOLE OR IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OF OFFICERS,OR EMPLOYEES OF GRANTEE AGENCY. 14. ASSIGNMENT. Service Provider shall not assign, subcontract, sublet or transfer any or all of his rights or responsibilities under this contract and any attempted assigmilent, subcontract, sublease or transfer of all or any part hereof shall immediately terminate this Contract. 15. INSURANCE. During the term of this contract, Service Provider shall maintain in full force and effect, at his own cost and expense, insurance coverage in an amount as required by the Grantee Agency. It is agreed between the Service Provider and the Grantee Agency that the Service Provider will secure and furnish Grantee Agency with a CERTIFICATE OF LIABILITY INSURANCE which will remain in force during the term of this lease, in the amount of$1,000,000 for each occurrence and $2,000,000 for general aggregate, $1,000,000 in auto liability coverage and $500,000 in Workers' Compensation coverage for each accident. The CERTIFICATE OF LIABILITY INSURANCE shall list the Service Provider as the insured and the "City of Fort Worth, Texas, its officers, agents and employees" as an additional insured. 16. PARENT/GUARDIAN PERMISSION FORMS. Service Provider will require all parents and/or guardians of minor participants in the program to sign a form indicating that the minor participant has permission to participate in the program. Said form shall be approved by the Grantee Agency before commencement of any program by the Service Provider. 17. VENUE. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 18. FORCE MAJEURE It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be 4 excused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 19. SEVERABILITY If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or unpaired. 20. NOTICES All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: 21. INTERPRETATION. In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the actual drafter of this Agreement. 22. SECTION HEADINGS. The section headings contained in this contract are for convenience in reference only and are not intended to define or limit the scope of any provision of this contract. 5 IN W`TISESSW'IJEREOF the parties hereby have executed this contract on this date, the C —of 32003. CITY OF FORT WORTH YMCA OF METROPOLITAN FORT WORTH 1000 Throckinorton Street 540 Lamar Street Fort Worth, Texas 76102 Fort Worth, Texas 7610 f817) 871-7600 (817) 335-6147 ,nature of Authorized Official Signature f Au orized Official Libby Watson, Assistant City Manager Name d itle Date:_ a Date: / (a APPROVED AS TO FORM AND LEGALITY: David Yett, City Attorney Assis nt City Attorney ATTESTED BY – I".' ) &,&'__ OFFICIad Contract Autliorization CR IE el,My Fla 4 wa Date 6 OP ID G DATE(MM/DDIY M ACORD_ CERTIFICATE OF LIABILITY INSURANCE YMCAO_2 10/28/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Brants Company HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1600 West Seventh Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Worth TX 76102-2505 Phone: 817-336-3030 Fax:817-336-8257 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: St. Paul Fir*c Marina Ins Co INSURER B. Amriean Eaterrutional Group 4 t4v Y M C A Of Metropolitan INSURER C: Association Casualty iL Fort Worth y 540 Lamar 5th Floor INSURER D. Markel Insurance Company Fort Wort{ TX 76102 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. FQLIE;Y I= FULICY EXPIRATION LTR NS TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDIYY) DATE(MMIDD/YY) LIMITS / 19 LIABILITY GENERAL EACH OCCURRENCE $1000000 ✓ 4 A X X COMMERCIAL GENERAL LIABILITY CK09104400 12/31/02 12/31/03 PREMfSEs(Eaoccurence) $100000 V CLAIMS MADE 7 OCCUR MED EXP(Any one person) $5000 �01 PERSONAL&ADV INJURY $1000000 QI GENERAL AGGREGATE :2000000 vv GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2000000 POLICY PE° LOC Emp Ben. 1000000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1000000 A X ANY AUTO CK09104400-1 12/31/02 12/31/03 (Eeaccident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $10000000 B X I OCCUR 7 cLAIMsMADE BES716245 05/01/03 05/01/04 AGGREGATE $10000000 S hDEDUCTIBLE $ �Y X RETENTION $10000 $ WORKERS COMPENSATION AND X TORY 71MITS ER f�I9 C EMPLOYERS'LIABILITY G� ANY PROPRIETOR/PARTNER/EXECUTIVE ACWC25373 12/31/02 12/31/03 E.LEACH ACCIDENT $SQQQQQ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $500000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $500000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Fort Worth, Its Officers, Agents and Employees are named as additional insured in regards to the General Liability coverage only. CERTIFICATE HOLDER CANCELLATION CITYFOR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Fort Worth DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Its Officers, Agents and NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Employees IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1000 Throckmorton Fort Worth TX 76102 REPRESENTATIVES. AUTHORIZrn PRESENTATIVE ACORD 25(2001/08) ©ACORD CORPORATION 1988 r �� IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08)