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HomeMy WebLinkAboutContract 30969 CITY SECRETARY CONTRACT NO. STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, the Boys and Girls Club Fort Worth administers a public/private initiative known as the Summer Works Program, which matches 16-21 year old youth residing in the City and County with various employers in order to assist these youth in obtaining summer jobs; and WHEREAS, the City of Fort Worth desires to contract with the Boys and Girls Club of Fort Worth for the Summer Works Program; and WHEREAS, the Boys and Girls Club has offered to provide such services to citizens of the City of Fort Worth and Tarrant County; NOW, THEREFORE, THIS CONTRACT FURTHER WITNESSETH: That for and in consideration of the mutual covenants, promises and agreements contained herein, the City of Fort Worth ("City"), a home-rule municipal corporation acting by and through Richard Zavala, its duly authorized Interim Assistant City Manager, and the Boys and Girls Club of Fort Worth, ("Contractor") a nonprofit Texas corporation acting by and through Daphne Barlow, its duly authorized Project Director, do hereby covenant and agree as follows: 1. Contractor agrees to assist 16-21 year old youth residing in the County, including the City of Fort Worth, in obtaining summer employment with various employers, such services to be provided for a period beginning April 1, 2005, and ending August 31, 2005. 2. In consideration of the services to be performed hereunder by Contractor, City promises and agrees to pay Contractor in one installment, the sum of Sixty-Eight Thousand Dollars ($68,000). At the end of the term hereof, Contractor shall submit a report [Exhibit A] of its services rendered and be subject to a review by the City of its services and activities in performance of this contract. 3. Either party may cancel this contract upon thirty (30) days notice in writing to the other party of such intent to terminate. In the event of such termination, City shall reimburse Contractor for the services performed up to the date of termination. 4. Contractor covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services to be performed under this agreement, and City shall have access at all reasonable hours to offices and records of Contractor for the purpose of such monitoring. 5. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of the City of Fort Worth. Contractor shall have exclusive control of and the exclusive right to control the details of the services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, subcontractors and program participants. The doctrine of respondeat superior shall not apply as between the City and contractor, its officers, agents, servants, employees, subcontractors, or program participants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, agent, employee, or subcontractor of Contractor is in the paid service of the City of Fort Worth. 6. City shall in no way or under any circumstance be responsible for any property belonging to Contractor, its officers, agents, employees, or subcontractors or program participants, which may be lost, stolen, destroyed or in any way damaged; and Contractor hereby indemnifies and holds harmless the City, its officers, agents, and employees, from and against any and all claims or suits concerning such property. 7. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, agents, 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 or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement, and/or the services performed hereunder, whether or not cause, in whole or in part, by alleged negligence of officers, agents, servants, or employees of the City of Fort Worth; and Contractor hereby assumes all liability and responsibility of City, its officers, agents, servants and employees, for any and all claims or suits of property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with the execution, performance, attempted and/or the services performed hereunder, whether or not cause, in whole or in part, by alleged negligence of officers, agents, servants, or employees of City. In the event it is determined that Contractor has misused, misapplied or misappropriated all or any part of the funds provided hereunder, Contractor agrees to indemnify, hold harmless and defend the City of Fort Worth, its officers, agents, servants, and employees, from and against any and all claims or suits resulting from such misuse, misapplication or misappropriation. 8. If Contractor, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damage or injury, including death, to persons or property, Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against the City. 9. Contractor shall not assign or subcontract all or any part of its rights, privileges or duties under this contract without the prior written consent of City, and any attempted assignment of subcontract of same without such prior written approval shall be void and constitute a breach of this agreement. 10. Contractor, its officers, agents, employees and subcontractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of the City of Fort Worth. It is agreed and understood that, if City calls to the attention of Contractor any such violation on the part of Contractor or any of its officers, agents, employees or subcontractors, then Contractor shall immediately desist from and correct such violation. 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 officers, agents, employees, or subcontractors to engage in such discrimination. This agreement is made and entered into with reference specifically to Chapter 17, Article III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment Practices"), and Contractor hereby covenants and agrees that Contractor, its agents, employees and subcontractors have fully complied with all provisions of same and that no employees, or employee-applicant has been discriminated against by either Contractor, its agents, employees or subcontractors. 12. Contractor shall furnish a certificate of insurance as proof that it has secured and paid for a policy of public liability insurance covering all public risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement. Such amounts shall be as follows: Property damage, per occurrence $100,000 Bodily injury or death, per person $250,000 Bodily injury of death, per occurrence $500,000 with the understanding and agreement Contractor that such insurance amounts shall be revised upward at City's option and the Contractor shall revise such amounts within thirty (30) days following notice to Contractors of such requirements. Contractor further agrees that it shall comply with the Worker's Compensation Act of Texas and shall provide sufficient compensation insurance to protect Contractor and the City of Fort Worth from and against any and all Worker's Compensation claims arising from the work and services provided under this contract. 13. Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. Contractor further agrees to include in all of its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. 14. In the event no funds or insufficient funds are appropriated by the City in any fiscal period any payments hereunder, City will notify Consultant of such occurrence and this Contract shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 15. This written instrument constitutes the entire agreement by the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement, which purports to vary from the terms hereof shall be void. 16. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance of this contract and agreement, venue for said action shall lie in Tarrant County, Texas. 17. Notices. Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party shown below: Bridgette Garrett, Budget/Mgmt Services Director Daphne Barlow, Project Director City of Fort Worth Boys and Girls Club Fort Worth- Budget & Mgmt Services Department Summer Works Program 1000 Throckmorton St. 3218 E. Belknap Street Fort Worth, Texas 76102 Fort Worth, Texas 76111 (817) 392-8518 (817) 831-2911 IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, this f day of , A.D. 2004. ATTEST: CITY OF FORT WORTH By: Marty Hendrix b Ri hard Zavala City Secretary Int rim Assistant City Manager APPROVED AS TO FORM AND LEGALITY: 1 -n Contract authorization - 6T Assistant City Attorney Date Date: ull�l�4 ATTEST: BOYS AND GIRLS CLUB OF FORT WORTH By: Daphne Barlow Project Director i STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Daphne Barlow, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the Boys and Girls Club of Fort Worth and that she executed the same as the act of said Boys and Girls Club of Fort Worth for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of D dq,tw 62�_ , A.D. 2004. 4L RIBECCA J. MURO LICA-_ N0tla Publlc Notary Public in and for g, VA the State of Texas STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Richard Zavala, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the City of Fort Worth for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /y day of A.D. 2004. En • ROSELLABARNES Notary Public in and for*; NOTARY PUBLIC P;� State of Texas the State of Texas rf Comm. Exp.03-31-2005 r EXHIBIT A City of Fort Worth Summer Works Annual Report Submitted by: Boys&Girls Clubs of Greater Fort Worth Date: Contract Period: April 1,2005 to August 31,2005 Contact Person: Daphne Barlow Director, Career&Educational Services (817)831-2911 The Boys&Girls Clubs of Greater Fort Worth administers a public/private initiative known as the Summer Works Program,which matches 16-21 year old youth residing in the City and County with various employers in order to assist these youth in obtaining summer jobs. Number of youth registered for the Summer Works program during contract period Number of contacts(pre employment work maturity skills training and job search assistance)with Summer Works participants Number of youth working during contract period Program Narrative: WWW*CFN*tq6 Print M&C COUNCIL ACTION: Approved on 10/26/2004 DATE: 10/26/2004 REFERENCE NO.: **C-20360 LOG NAME: 03SUMMERWORKS CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize the Execution of a Contract with the Boys and Girls Clubs of Tarrant County for the 2005 Summer Works Program RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract in the amount of $68,000 with the Boys and Girls Clubs of Tarrant County for the administration of the 2005 Summer Works Program. DISCUSSION: In 1995, the City's former Employment and Training Department conducted the Fort Worth Summer Works program, a public/private sector initiative for 16-21 year old youth. The program matched youth seeking jobs with employers seeking summer workers. The City employed temporary staff to perform recruitment and job matching tasks. The program enrollment was open to the general public on a first-come, first-serve basis, regardless of the applicants' economic condition. Starting in 1996, the former Employment and Training Department took the lead in a collaborative effort with Tarrant County and the City of Arlington to provide countywide summer work experience programs for youth. However, with the disbandment of the Employment and Training Department, all functions associated with this program were transferred to Tarrant County under the Work Advantage Program. During FY1999- 00, the City entered into a contract with the County to provide financial support for the Summer Works Program. Since that time, the Tarrant County Work Advantage Program has contracted with the Boys and Girls Clubs of Tarrant County. The Boys and Girls Clubs of Tarrant County now manages all functions associated with the Summer Works Program. During the FY2004-05 budget process, the City Council approved financial support in the amount of$68,000 for the program. It is proposed that a contract be executed between the City of Fort Worth and the Boys and Girls Clubs of Tarrant County for the period of April 1, 2005, through August 31, 2005. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539120 0906200 $68,000.00 Submitted for Cid Manager's Office by: Richard Zavala (Acting) (8511) Originating Department Head: Bridgette Garrett (8518) Additional Information Contact: Jose Moreno (8349) ATTACHMENTS