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R-88-1168 - 9/22/1988WHEREAS, the City of Round Rock and the Capitol Area Volunteer Center, Inc. ("Center ") have previously entered into a contract whereby the Center operates and manages a volunteer center in Round Rock providing volunteers in service to City government programs, and WHEREAS, the Center has been very successful in providing improved services to City residents at modest expense, and WHEREAS, the present term of the contract expires on September 30, 1988, and WHEREAS, the City and the, Center wish to renew the contract for an additional year, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Volunteer Services Program Contract with the Center, a copy of said Contract being attached hereto and incorporated herein for all purposes. ATTEST: RESOLVED THIS 2± DAY OF SEPTEMBER, 1988. G7RESCENTER nne Land, City Secretary RESOLUTION NO. PO/e.. Mike Robins n, Mayor City of Round Rock, Texas 2.0 CONSIDERATION to: VOLUNTEER SERVICES PROGRAM CONTRACT THIS AGREEMENT, is entered into on the date last shown, by and between City of Round Rock (hereinafter called "City "), a political subdivision of the State of Texas, acting by and through Mike Robinson, its Mayor, and Capital Area Volunteer Center, Inc., acting by and through Marge Tripp, its duly authorized Executive Director. The parties agree to perform and comply with the obligations, terms, and conditions of this contract as hereinafter set forth: 1.0 TERM OF AGREEMENT This agreement will be in effect from the 1st day of October 1988 until the 30th day of September 1989. 2.1 Payment by the City: Subject to the terms and conditions set forth herein, the City agrees to pay to the contractor for services rendered by the contractor pursuant to this agreement during the term indicated in paragraph (1.0) above, the sum of $ - 2.2 General duties of Contractor: 'The contractor agrees to operate and manage a volunteer center in Round Rock for the purposes of providing volunteers and coordinating the efforts of volunteers in service to City government programs as requested by the City. The services to be provided by the contract will include, but not limited 1. Interviewing the staff in each City Department on a regular basis to determine and evaluate the feasibility of each department's using volunteer workers. 2. Conducting an orientation session for each City Department on the management of volunteer workers. 3. Assisting City Department heads and the City Department of Personnel & Budget in writing and updating volunteer job descriptions. 4. Recruiting, interviewing, and screening prospective volunteer workers for the City. 5. Conducting orientation sessions for volunteer workers. 6. Scheduling and monitoring volunteer workers' progress. 7. Maintaining records and reports on the volunteer program for Round Rock; and, GVSPCAGREE 8. Conducting program evaluation on a regular basis and reporting to the City's appointed representative under this contract. 3.0 REPRESENTATIVES OF THE PARTIES 3.1 City Representative: The Personnel Administrative Assistant to the Round Rock Personnel & Budget Department (hereinafter called City Representative "), will be the City's representative for the administration of this contract. 3.2 Contractor Representative: Marge Tripp will be the Contractor's representative for the management of all contractual matters pertaining to this agreement. 4.0 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS The contractor will comply with all applicable laws, ordinances, and codes of the Federal, State, and local governments during the terms of this contract. 5.0 TERMINATION 5.1 Either party may terminate this agreement, provided that the terminating party will give a least sixty (60) days written notice to the other party in the manner provided for giving notice generally under this contract. 5.2 If either party should terminated this contract before the end of the terms stated in paragraph (1.0) above: the (1) The City will not be obligated to pay Contractor for any expenses which the Contractor incurred on or after the date of termination; and (2) The Contractor will not be obligated to perform any services under this contract from and after the date of termination, except those relating to final reports, accountings, and other procedures relating to the winding up of the administration of this contract. 5.3 Nothing in this section relating to termination will be construed to mean that either party waives its right to causes of action or remedies for breaches of this contract which occur before the effective date of termination by virtue of such termination. 6.0 PAYMENTS TO CONTRACTOR 6.1 Payment to the Contractor by the City will be based upon: 2. (1) an invoice requesting draw down of funds; and (2) an expenditure report. The Contractor will deliver the invoice and expenditure report to the City Personnel & Budget Department no later than the tenth (10th) working day of the month following the month covered by the invoice and expenditure report. 6.3 Upon receipt and approval by the City of each invoice and monthly expenditure report, the City will process payment to the Contractor in an amount equal to one - twelth (1/12) of the total consideration to be paid by the City during the term of this contract. Any amount exceeding such one - twelth share for any given month will be the subject of the approval of the City Council. 6.4 Notwithstanding the foregoing, the City will have the right to withhold payment for the final month that this contract is in effect until a final accounting has been submitted to the City. 7.0 PROPERTY PURCHASED WITH CITY FUNDS 7.1 No property of any kind, especially office equipment, office furniture, or other similar articles of personal property, will be purchased by the Contractor in' whole or in part with City funds unless the Contractor- receives the express permission of the City Council. If the City Council grants such permission, the Contractor shall permit authorized agents of the City to inventory and mark such property for identification as City property. 7.2 It is agreed that such property will be the property of the City. In further consideration of the Contractor's services, the Contractor has the right to use such property in connection with the performance of its duties under this contract without charge, but upon expiration or termination of this contract, such property will be returned to the City or the City may send its agents to the premises where the property is located and recover same, allowing a reasonable time for the winding up of the administration of this contract. 8.0 INSURANCE 8.1 The contractor will maintain adequate and continuois liability insurance on all vehicles owned, leased, or operated by the 3. 4. • Contractor which vehicles are used at any time in service to the City. All employees of the Contractor who perform services for the City pursuant to this contract and all volunteers provided by the Contractor to work for the City who drive a vehicle during the normal course and scope of their employment or tenure of service must possess a valid Texas drivers license and liability insurance. Evidence of the employee's current possession of a valid drivers and insurance must be maintained on a current basis in the Contractor's files. 8.2 To the extent that insurance is required by this contract, losses actually incurred which are not covered by insurance are not allowable costs under this contract. 9.0 AUDITING AND MAINTENANCE OF RECORDS 9.1 The Contractor will maintain records of all receipts and disbursements and any other records which pertain to, directly or indirectly, any expenses which the City is obligated to pay for, or reimburse the Contractor for, under this contract. Such records will be maintained by the Contractor until a final accounting of the Contractor's management of funds paid by the City to it has been presented to the City Council and the City Council has approved such accounting. The requirement that such records be maintained by the Contractor and the requirement that a final accounting be presented to the City Council for its approval will be binding upon the Contractor even after the effective date of termination or expiration of this contract. 10.0 REPORTS AND INFORMATION r - 10.1 Every month, along with its submission of the invoice and • ? expenditure report, the Contractor will submit °a report to the Director of City Personnel & Budget a report on volunteer service done for the City during the previous calendar period. The report will contain a breakdown on an individual City department basis of: (1) the number of requests for volunteers and service made by each City department; (2) the number of requests for services filled for each department by the Contractor; (3) a list of all the types of jobs filled by the Contractor for each City department; and, (4) the total number of hours worked by volunteers in service for each City department. 10.2 At such time and in such form as the City may require, the Contractor will furnish such statements, records, reports, data, and information as the City may request pertaining to matters covered by this contract. A final report must be submitted to the City prior to payment of the last installment of this contract. 11.0 PUBLICATIONS All published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided in the contract document. When material not originally developed is included in a report, it will have the source identified. This identification may be in the body of the report or by footnote. This provision is applicable when the material is in a verbatim or extensive paraphrase format. 12.0 RIGHTS TO PROPOSAL AND CONTRACTUAL MATERIAL All reports, charts, schedules, or other appended documentation to any proposal, contents of basis proposal, or contracts and any responses, inquiries, correspondence, and related materials submitted by the Contractor' will become the property of the City upon receipt of the paragraph., ' 13.0 COPYRIGHTS AND RIGHTS IN DATA 5. Where activities supported by this project produce original computer programs, writings, sound recordings, pictorial reproduction, drawings, or other graphical representation and works of any similar nature (the term "computer program" includes executable computer programs and supporting data in any form), the City has the right to use, duplicate, and disclose, in whole or in part, such material, in any manner, for any purpose whatsoever, and cause others to do so. If the material is copyrightable the subgrantee may copyright the material, and the City reserves a royalty -free, non - exclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part, or authorize others to do so. 14.0 NOTIFICATION OF ACTION BROUGHT In the event that any claims, demands, suits, or other actions are made or brought by any person, firm, corporation, or other entity against the Contractor, the Contractor shall give written notice thereof to the City within two (2) working days after having been notified of such claim, demand, suit, or action. The notice will state: (1) the date and hour of notification of any such claim, demand, suit, or other action; (2) the names and addresses of the person, firm, corporation, or other entity making such claim; (3) the basis of such claim, action, or proceeding; (4) and the name of any person against whom such claim is being made. The notice required hereunder will be in writing and will be given in the manner provided for notices generally under this contract subject to the requirements listed in this paragraph. 15.0 ASSIGNMENT The Contractor shall not transfer, pledge, or otherwise assign this contract or any interest therein, or any claim arising thereunder, to anyone without the prior written approval of the City. 16.0 SEVERABILITY If any provision of this contract is held invalid, illegal, or unenforceable, the remainder of this contract will remain in force and effect and will be construed to conform to the intent of the parties. 17.0 NO WAIVER OF PERFORMANCE Any waiver by either party to this contract or any breach of this contract will not constitute a continuing waiver of any other prior or subsequent breach of the contract. 18.0 NOTICES 18.1 All notices under this contract, except as otherwise specifically provided herein, will be in writing and will be either 6. hand delivered, or sent postage prepaid, by U.S. Mail, certified or registered mail with return receipt requested. 18.2 Notice, to the Contractor will be sent to the following person at the following address: Marge Tripp, Capital Area Volunteer Center, Inc., 5828 Balcones „Suite 205, Austin, Texas 78731. 18.3 Notice to'the City will be sent to the following persons at the following address: Director, Round Rock Personnel & Budget, Round Rock City Annex, Round Rock, Texas 78664; with copy to (certified or registered mail, return receipt requested, is not required): Round Rock City Attorney, Round Rock, Texas 78664. 18.4 Notice will be deemed effective, if sent in the manner prescribed above, immediately in the case of hand delivery, and three days after the date of posting in the case of mailing. 19.0 VENUE Both parties agree that venue for any litigation arising from this contract will lie in Round Rock, Williamson County, Texas. 20.0 ENTIRE AGREEMENT /CHANGES IN THE CONTRACT This contract constitutes the entire agreement of the parties hereto and cannot be changed except by a writing, signed by the party to be charged. No officer, agent, employee, or representative of the City has any authority to modify the terms of this contract except in accordance with such express authority as may be granted by the Round Rock City Council. 21.0 HOLD HARMLESS The Contractor agrees to save and hold harmless the City, its agents, servants, officials, and employees from any and all liability or negligence of whatsoever type or nature, resulting from any act of commission or ommission by the Contractor, its agents, servants, employees or any volunteers which it places in service to the City, arising from any activities performed pursuant to this contract. 7. 19 ATTEST: EXECUTED IN DUPLICATE ORIGINALS on this JOANNE LAND, City Secretary ROUND ROCK, TEXAS By: 8 . day of MIKE ROBINSON, Mayor CAPITAL AREA VOLUNTEER CENTER, INC. By: MARGE TRIPP, Executive Director l DATE: September 20, 1988 SUBJECT: Council Agenda, September 22, 1988 ITEM: 12E. Consider a resolution authorizing the Mayor to enter into a contract with the Volunteer Center. STAFF RESOURCE PERSON: Bob Bennett STAFF RECOMMENDATION: This contract is identical to last years contract except that the price has increased from $10,939 to $12,077. The budget now reflects the $12,077 request. This program has been successful and should be more successful this next year.