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HomeMy WebLinkAboutContract 25695 CITY STATE OF TEXAS § CONTRACT NO SECRETARY�J�&9.� COUNTIES OF TARRANT § AND DENTON WHEREAS, the City of Fort Worth desires to contract with the East Fort Worth Montessori School, a pre-school facility that offers a school based learning opportunity to children from minority and disadvantaged backgrounds. It is an academic curriculum that prepares the child for success in elementary school and beyond; and WHEREAS, East Fort Worth Montessori School has offered to provide such services to citizens of the City of Fort Worth; 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 Charles R. Boswell, its duly authorized Assistant City Manager, and the East Fort Worth Montessori School, ("Contractor") a nonprofit Texas corporation acting by and through Joyce Brown, its duly authorized Executive Director, do hereby covenant and agree as follows: 1. Contractor covenants and agrees to provide pre-school program services for children in Fort Worth, to build on the strengths and to provide challenges for the gifted and talented in the same manner as it raises the achievement levels and accelerates the learning process of disadvantaged. The services will be provided for a period beginning December 1, 1999, and ending August 31, 2000, and are more fully described in Exhibit "A", attached hereto and incorporated herein for all purposes incident to this contract. 2. In consideration of the services to be performed hereunder by Contractor, City promises and agrees to pay Contractor, in disbursements of Ten Thousand Dollars ($10,000) as a reimbursement grant and additional Fifteen Thousand Dollars ($15,000) to be reimbursed as a one to one challenge grant match to provide additional child care slots. OFFICIAL RECORD Cly$0FRY FT. �U':`�1! At the end of each three-month quarter during the term hereof, Contractor shall submit a report of its services rendered during each quarter and be subject to a review by City of its services. 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 in 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, servants, 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 such claims or suits. 0101A 110D UC:Pa QY ���� 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. QJ G1 SOLD ITV c F( G�MQD Y 0 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 the terms of such ordinance 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 CITY SPUMPY 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. 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. 14. 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. 15. 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. MF EC�1OQDD MUM'S �,,1i J a IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, this 0 VU day of W,7 , A.D. 2000. ATTEST: CITY OF FORT WORTH _ By: ( . awtb City Secretary l r�,�_ CL^, Charles R. Boswell Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Contract Authorization AssistaM City Attorney _ -1 bdt* Date: 3� & Z� ATTEST: EAST FORT WORTH MONTESSORI SCHOOL By: Joyce Brown Executive Director uVV G0L G'E(,C�(aG)L'D-) u0N''C_1E(Q1 V211 by o ��h•�:'l!'.'fiVI1D U��ia STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Joyce Brown, 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 East Fort Worth Montessori School and that she executed the same as the act of said East Fort Worth Montessori School for the purpose and consideration therein expressed and in the capacity therein stated. 77N4'� UNDER MY HAND AND SEAL OF OFFICE this % day of A.D. 2000. Smy BONNIE JO ALLISONNotary PublicSTATE OF TEXAS Notary Public in nd for mmission U,;,es 03-30-M the State of Texas STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Charles R. Boswell, 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 �', � day of A.D. 2000. At (eComm. ROSELLA BARNES Notary Public in and for NOTARY PUBLICthe State of Texas State of Texas Exp. 03-31-2001 OXACd AA RE( FT. p J !P o EXHIBIT A PROGRAM SUMMARY East Fort Worth Montessori School AGENCY Tuition Scholarship Program For Montessori PROGRAM 1 December 1999 to 31 August $ 25,000 2000 CONTRACT NO. PERIOD AMOUNT PROGRAM DESCRIPTION A child development program designed to enhance cognitive, sensorial, social, language, computative, cultural, and science skills of young children. Council District(s) PROGRAM GOAL • To increase the learning capacity and chances for academic success of minority and low income children. PROGRAM OBJECTIVES • To provide a high quality early childhood development program for minority and low-income children. Utilizing the Montessori curriculum. •To provide an academic and a culturally enriched after school program. PROGRAM SERVICES and ACTIVITIES GOALS 10 PreK Montessori • Provide Before Care 5 School age • Provide Montessori Curriculum for children After School • Provide Hands-on Science activities • Provide age appropriate after care program m F- a 2 LO WCL .� C Q N oc Q N LIW N LL Z Q N 7 U W r- r- •O W W OC Z W O CA W •. O O U W LL N E w w c N U O Z O Q o� Q (7 OC (7 c 0ao Cl) Q Q-CL o Q O W U J i O � LL V Z CL ++ Cl) m C W O W V O C C N O •v N •C C m 0 I O y C � y C � W 43 F' C y o� O � 7• ~ +' O Q O 43 L CL m � Q y tmO ++ p O V c a a Q ATTACHMENT CITY OF FORT WORTH FISCAL SERVICES DEPARTMENT CONTRACT MANAGEMENT DIVISION SUB-GRANTEE'S REQUEST FOR FUNDS Name and Address of Sub-Grantee Program Name Tuition Scholarship Program for Montessori East Fort Worth Montessori School Contract No. xxxxx 2717 Putnam Street Date of Request 03/03/00 Fort Worth Texas 76112 Month Dec-99 SECTION I(AGENCY) Current Month Cumulative I. Reimbursement Request 1.Expenditures: $ 0.00 $ 0.00 2.Income: A. Program Income $ $ B. Advance Payments $ $ C. Interest Earned CDBG Funds $ $ 3.Reimbursement Requested(1 minus 2) $ $ II.Advance Pay Requests 1.Estimated Expenditures $ $ 2.Income: A.Program Income $ $ B.Unpaid Request of Payment Previously Submitted $ $ 3.Advance Authorized(1 minus 2) $ $ III. Reporting Interest 1.Interest over$25 per quarter returned to City $ $ SECTION II (CITY) I.MARS-Purchasing Request A.MARS INPUT:Vendor/PO Number/Requisition Number: GR76/539120/xxxxxxxxxxx B.Fund/Account/Center: C.Total Amount of this Request: $ 0.00 SECTION III I. Verification A.Contract Manager: Frank Marrero (Name) (Signature) (Date) B.MARS-Purchasing: (Name) (Signature) (Date) C.Accounting: (Name) (Signature) (Date) Il.Authorization A.Agency: (Name) (Signature) (Date) B.Contract Services Administrator: Deidra Emerson (Name) (Signature) (Date) C.Assistant to the City Manager: (Name) (Signature) tD qe) DISTRIBUTION White :AccountingI'�LIG��,� Blue : IAGM Green : Agency ( ) `j/�jU)U IASGM FORM 9607 IRTd Wit. 1p �o ATTACHMENT II CITY OF FORT WORTH FISCAL SERVICES DEPARTMENT CONTRACT MANAGEMENT DIVISION DETAIL STATEMENT OF COST East Fort Worth Montessori School AGENCY REPORT PERIOD Tuition Scholarship Program PROGRAM DATE OF REQUEST PROGRAM MONTHLY CUMULATIVE BALANCE COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE Balance PERSONAL SERVICES Salaries 516 010 FICA 518 010 Life Insurance 518 050 HEALTH INSURANCE 518 060 unemployment 518 090 Worker's Comp 518 040 Retirement 518 070 SUPPLIES Office Supplies 521 010 Postage 521 020 teaching Aids ######## Food Supplies 522 030 Other Operating Supplies 523 300 CONTRACTUAL SERVICES Telephone 535 040 Electric 535 020 Gas[Utility] 535 010 WateNWaste DiHJosal 535 030 Rent[Building] 537 010 Custodial Services 539 220 Office Equipment Rental 537 030 Printing 533 030 Repairs 536 010 Fidelity Bond 538 210 Liability Insurance 534 020 Legal&Accounting 538 050 Private Auto Allowance Local 532 130 Advertising 533 010 Conferences&Seminars 531 180 Contractual Services 539 120 25,000.00 Loan Orgination Fees 000 000 CAPITAL OUTLAY Furniture, Fixtures 541 330 Office Equipment, Computers 541 370 Other Equipment 541 320 TOTAL 25,000.00 0.00 0.00 0.00 Contractors Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms of the agreement. Larry Mc Natt Executive Director NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE PREPARE ONE FORM FOR EACH SOURCE OF FUNDS DISTRIBUTION White :Accounting A Blue :IAGM Green :Agency �� �lu LIEF rryf. VIKE M Rl IABGM FORM 96-03 ATTACHMENT IV CITY OF FORT WORTH FISCAL SERVICES DEPARTMENT CONTRACT MANAGEMENT DIVISION Unprogrammed Funds Title VI PUBLIC SERVICE PROJECT 1.NAME AND ADDRESS OF SUB-GRANTEE 2. PROJECT NAME: East Fort Worth Montessori School 2717 Putnam Street Xuition scholarship rogram Fort Worth,Texas 76112 3.CONTRACT NO: 4. DATE OF REQUEST: MONTH&YEAR 5. PROGRAM SERVICES AND ACTIVITIES CURRENT MONTH CUMULATIVE Number of New Households and/or Persons Served 6A. DIRECT BENEFIT DATA(New Household and/or Persons Served) American Total White Black- Hispanic Asian Pacific Indian Female- Non- Non- Islander Alaskan Head- Hispanic Hispanic Native Of Household CURRENT MONTH CUMULATIVE 6B. DIRECT BENEFIT(CONTINUED) Low/Mod Low Income Beneficiaries Beneficiaries CURRENT MONTH CUMULATIVE 7. AGE 0-4 5-17 18-24 25-54 55-64 64+ CURRENT MONTH 8. CERTIFICATION: The undersigned hereby gives assurance that to the best of my knowledge and belief, the data included in this report is true and accurate, and if a non-profit agency, has been approved by the governing body of the organization prior to submission. Date: Submitted by: Phone Num: UJ(5��((���fl IAGM/IDIS-RPT FORM 3 00 nnn_,r.,On n OMM ATTACHMENT IV CITY OF FORT WORTH FISCAL SERVICES DEPARTMENT CONTRACT MANAGEMENT DIVISION Unprogrammed Funds Title VI PUBLIC SERVICE PROJECT Direct Benefit Activities 1. NAME AND ADDRESS OF SUB-GRANTEE 2• PROJECT NAME:TUITION EAST FORT WORTH MONTESSORI SCHOOL SCHOLARSHIP 2717 PUTNAM STREET PROGRM FORT WORTH TEXAS 76112 3. CONTRACT NO: 4. DATE OF REQUEST: MONTH&YEAR 5. REPORT NARRATIVE: USE THIS SPACE TO EXPLAIN HOW LONG YOUR PROGRAM HAS BEEN IN OPERATION, WHAT PERCENTAGE OF LOW AND MODERATE INCOME PERSONS ARE BEING SERVED, AND SUMMARIZE YOUR PROGRAM IN DETAIL. 6. ccn I IFICA I MINI; I IIU MIUM519ned hereby 91VUS 1135urullue that to the best Uf my knowledge and belief, the dista 111duded III this report is true and accurate, and if a non-profit agency, has been approved by the governing body of the organization prior to submission. DATE: SUBMITTED BY: PHONE NUM: IAGM/IDIS-RPT FORM 3a RV IPPR\!U ren Vf.n t.�Y•[i1111 L7f�N.9 > m z •o � N c O d � a z t0 � LL a � a rn Z C0 c O LU m -o w L c c O co �p •y t+ N t0 'D E CD d r � G? � 0 .0 L Lg�g. .o c c GSL<= x zo � �� > ,o <� x 3 � c �A o 0 r3 d Z W Z Y L [� c a a o c Q a m La m �. EA c c d 00z o = U W x y E � o O W ~ ooW o VIH Z ado c) c H u J L rn w� co z LU ULU a N d t0 O dCLQ > m co c CD � s d � r a H d �, •� m ami p y A d t0 o w 1O m v L N A 3 Ar Z m a N A 'i a 3 ~ O mu � W N LL O .� Q C U ca y H o � � N LL, +, C6 co D N H V z � w U CL O H a H � Q (n U Q C7 Q a H Z O U C/) LU Ltl � nn nn^n [~� Cf f0 w o F W W v Z_ AWao �= a c a w wQ aU Z o a Q� W UZ J x w� V w LU U LU CD a 0 0 L U O y N C O L W m >O Q > Z 0 O LL y LU } U Z w C7 Q City of Fort Worth, Texas qVC1.10ir And councit communicatio" DATE REFERENCE NUMBER I LOG NAME PAGE 1217/99 G-12749 13ALLOCATION 1 of 2 SUBJECT ALLOCATION OF FUNDS FROM TITLE VI AT-RISK CHILD CARE GRANT FUNDS RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Transfer $80,000 from Unprogrammed Funds to Various Work Phases; and 2. Approve expenditure of $30,000 with the Parks and Community Services Department for use at the Como Community Center to fund the Como Kids After-School Program for the period of October 1, 1999 to August 31, 2000; and 3. Execute a contract with Clayton Child Care Services in the amount of $25,000 allocated from the Title VI At-Risk Child Care grant to provide additional child care; and 4. Execute a contract with East Fort Worth Montessori for a total amount not to exceed $25,000. DISCUSSION: The Como Kids After-School Program is a collaborative, educational, and recreational program for at- risk youth, elementary school age youth (pre-kindergarten through 5th grade) who attend Como Elementary School. On December 1, 1998 (M&C G-12403), the City Council authorized the expenditure of $25,000 in Title VI At-Risk Child Care funds for the Como Kids After-School Program to provide tutoring, recreational activities, drug awareness, peer pressure techniques, peer mediation and anger control training, field :trips, and adult supervision for latch key children. "The FY 1999-2000 program will consist of two components, pre-kindergarten through 2nd grade (housed at Como Community Center) and 3rd through 5th grade (housed at Como Elementary School). For both age groups, the program provides homework assistance and tutorial services, as well as recreational, cultural and special educational programs. Presently, there is a need to serve 150 to 250 at-risk students. The Como Kids After-School Program is also operational during Fort Worth Independent School District intercessions, specifically fall, winter and spring breaks, to facilitate continuous learning. Clayton Child Care Services provides children with site-based child development programs for economically disadvantaged elementary school children and their parents. Funding for site-based development childcare programs are for low-income families and economically disadvantaged communities. Clayton Child Care operates these site-based programs before and after school, and during most holidays when school is not in session. This funding is needed to address a shortfall caused by a change in formula funding under Title VI. City of Fort Worth, Texas qVivivor And council Communication __ DATE REFERENCE NUMBER LOG NAME TGE 12/7/99 G-12749 13ALLOCATION 2 of 2 SUBJECT ALLOCATION OF FUNDS FROM TITLE VI AT-RISK CHILD CARE GRANT FUNDS The East Fort Worth Montessori School is one of the only pre-school facilities in Fort Worth to offer a school-based learning opportunity to children from minority and disadvantaged backgrounds. The East Fort Worth Montessori Program curriculum is a child-centered learning process. It focuses on engaging all of-the child's senses in the learning process. It is an academic curriculum that prepares the child for success in elementary school and beyond. The Montessori curriculum builds on the strengths of the children and provides challenges for gifted and talented children in the same manner as it raises the achievement levels and accelerates the learning processes of disadvantaged children. It is especially needed in low-income areas to overcome the deficits in learning resources and parenting skills of disadvantaged families. The $25,000 funding is being provided to add additional childcare slots. Funds will be disbursed as a $10,000 reimbursement grant, and an additional $15,000 to be reimbursed as a one-to-one challenge grant match. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, funds will be available in the current operating budget, as appropriated, of the Grants Fund. CB:j Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) GR76 539120 013211540080 $30,000.00 APt ROVED Charles Boswell 8511 GR76 539120 013211540040 $25,000.00 CITY COUNCIL Originating Department Head: GR76 539120 013211540090 $25,000.00 DEC 7 1999 Joe Paniagua 6168 (from) GR76 539120 013211540990 $80,000.00 y sv�l:t�ate/ Additional Information Contact: City Sarsetary of the City Of Fc.rt Wori.'i,'l�zr� Deidra Emerson 7563