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HomeMy WebLinkAboutContract 48962 CITY SECRUARY CONTRACTNO. LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CASA DEL IMMIGRANTE FORT WORTH This License Agreement ("Agreement") is entered into by and between the City of Fort Worth (the "City"), a home-rule municipal corporation of the State of Texas and Casa Del Immigrante Fort Worth ("CDIFWFW"), a Texas non-profit corporation. RECITALS WHEREAS, since 2005, the City and the Fort Worth Hispanic Chamber of Commerce ("HCC") have been parties to a series of agreements to allow HCC to use and sublease space at the Northside Community Center; and WHEREAS, HCC subleased space to CDIFW, a Texas non-profit corporation that provides citizenship and immigration information and conducts citizenship classes at the Northside Community Center; and WHEREAS,the lease between the City and HCC expired in 2014; and WHEREAS, the City and CDIFW wish to continue in their relationship by executing this new agreement so that CDIFW can continue to use space at the Northside Community Center to provide services to the community; NOW THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT 1. LICENSED PREMISES A. Identification. For and in consideration of rental payments to be paid under this Agreement and the mutual covenants of the parties expressed herein, City does hereby grant to CDIFW an exclusive license to use a specifically designated space at Northside Community Center, 1100 NW 18th St. Fort Worth, Texas 76106 for the public purpose of providing citizenship information, residency information, immigration information and resources, etc. to area residents and a non-exclusive right to use additional space for citizenship classes. Prior to conducting any classes, CDIFW must supply class dates and times to the Director of the Neighborhood Services Department or their designated representative for approval. _ License Agreement between the City of Fort Worth and OFFICIAL P.ECIORD Casa Del Immigrante Fort Worth Page &1.1 Zs,, CV,%Pff The location and boundary of the both designated spaces are identified in Exhibit "A," which is attached hereto and incorporated herein for all purposes as though it were set forth at length. For purposes of this Agreement, the designated space as identified in Exhibit A is referred to as the "Licensed Premises." B. Acceptance of Premises. CDIFW takes all portions of the Licensed Premises and all appurtenances in"AS IS" condition without any express or implied warranty on the part of the City. CDIFW accepts the Licensed Premises in their present condition, finds them suitable for the purposes intended, and further acknowledges that it is thoroughly familiar with such condition by reason of a personal inspection and does not rely on any representations by the City as to the condition of the Licensed Premises or their suitability for the purposes intended. CDIFW accepts the Licensed Premises subject to any and all previously recorded easements that may have been granted on, along, over, under, or across said property, and releases the City from any and all damages, claims for damages, loss, or liabilities that may be caused to invitees, licensees, or trespassers by reason of the exercise of such rights or privileges granted in said easements. CDIFW's taking possession of the Licensed Premises shall be conclusive evidence that: (i) the Premises are suitable for the purposes and uses for which same are licensed; and (ii) CDIFW waives any and all defects in and to the Licensed Premises and all appurtenances thereto. The City shall not be liable to CDIFW, its agents, employees, contractors, subcontractors, invitees, licensees, guests, volunteers, or program participants for any damage to any person or property due to the acts or omissions on the Licensed Premises of CDIFW, its agents, employees, contractors, subcontractors, invitees, licensees, guests, volunteers, or program participants. C. Hours of Use. (i) Subject to limitations outlined in this subsection, the City grants to CDIFW: (1) exclusive use of the designated office space at the Licensed Premises between the hours of 8:00 AM to 2:00 PM, Monday through Saturday and (2) the non-exclusive use of the designated classroom at the Licensed Premises by approval of the Neighborhood Services Director or designated representative. Except due to emergency circumstances, City agrees to notify CDIFW of any change in the hours of operation by providing CDIFW with written notice at least License Agreement between the City of Fort Worth and Casa Del Immigrante Fort Worth Page 2 of 19 seven (7) business days prior to the change taking effect. City agrees to provide similar notice to CDIFW should any of the Licensed Premises be unavailable to CDIFW due to special events, scheduled maintenance, or other non-emergency closures. (ii) If CDIFW requires access at times other than the normal operating hours, changes in previously agreed upon class dates and times, additional events or activities set forth herein, CDIFW shall notify the City by providing City with written notice at least seven(7) business days prior to the needed change and must obtain City approval. CDIFW will only have a key to their exclusively licensed space and are not to change any locks or access classrooms areas without City approval. Access by CDIFW to the Licensed Premises at times other than during the normal operating hours shall be within the discretion of the City, and City may charge CDIFW the hourly rate for the actual staff time required to open, monitor, and close the Center. This charge shall include a forty percent (40%) overhead rate to be applied to the total salary cost incurred. 2. TERM OF AGREEMENT. A. This Agreement shall govern all use of the Licensed Premises by CDIFW for a period of one (1) year, beginning on November 1, 2016 and terminating on October 31, 2017. CDIFW shall have the option to renew this Agreement for two (2) additional one (1) year terms. CDIFW must give notice of its intent to exercise such option to renew at least thirty (30) days before the expiration of the initial term. 3. CONSIDERATION. Compensation to be provided to the City for use of the Licensed Premises by CDIFW shall consist of both monetary and non-monetary consideration. A. As monetary consideration for the public purpose use of the designated, exclusive office space and nonexclusive use of the classroom space at the Licensed Premises by CDIFW to provide citizenship and immigration information, residency information, citizenship classes, etc. License Agreement between the City of Fort Worth and Casa Del Immigrante Fort Worth Page 3 of 19 to the community, CDIFW agrees to pay to City the sum of One Dollar ($1.00) per year payable on or before the first day of November of each year. B. Payment of the annual rental and classroom space shall be made at the administrative office of the Neighborhood Services Department located at 908 Monroe, 3rd Floor, Fort Worth, Tarrant County, Texas or at any other location so designated by the Neighborhood Services Director or that individual's designee ("Director"). Alternatively, CDIFW may elect to pay the fees for the entire term at the execution of this Agreement or of any subsequent renewal or extension thereof. C. The parties agree that the consideration detailed above fairly compensates the City for the public purpose use of the Licensed Premises by CDIFW to provide citizenship and immigration information, citizenship classes, etc. The City acknowledges the adequacy of this consideration. D. To ensure the public purpose is being carried out, CDIFW will be required to complete reports similar to that attached hereto as Exhibit "C" when requested by Neighborhood Services Department staff. 4. USE OF LICENSED PREMISES. A. Scope of Use; Additional Conditions. CDIFW covenants and agrees to use the Licensed Premises solely for the operation to provide services and classes to the community and to comply with the additional conditions for use of each Center as outlined in Exhibit `B," which is attached hereto and incorporated herein for all purposes as though it were set forth at length. Further, CDIFW agrees not to, in any way, obstruct or interfere with the rights of the City or injure or annoy other tenants or users of the Centers. In addition, CDIFW agrees to abide by Policies and Procedures set forth by the Neighborhood Services Department Director or that individual's authorized designee. If CDIFW desires to use the facilities for additional public purpose use other than what is outline in the Agreement, CDIFW is required to obtain permission and approval from the Neighborhood Services Department Director or designated city staff prior to use. B. Prevention of Hazards. CDIFW shall not do, or permit to be done, anything in or on any portion of the Northside Community Center or bring or keep anything therein or thereon License Agreement between the City of Fort Worth and Casa Del Immigrante Fort Worth Page 4 of 19 which will in any way conflict with the conditions of any insurance policy on the Northside Community Center or any part thereof. CDIFW shall not cause in any way an increase in the rate of fire insurance on the buildings or property. CDIFW agrees that no decorative or other materials shall be nailed, tacked, screwed, or otherwise physically attached to any part of the property of the City without written approval from the Neighborhood Services Department Director or authorized designee. C. Utilities. The City will be responsible for all expenses associated with water, sewer, electricity, gas and waste disposal utilities involving existing service lines. CDIFW will be responsible for all communications utility expenses, including local and long distance telephone charges, computer charges, internet and exclusive requested cable television charges. Any additional electrical or utility service and/or service lines required by CDIFW will be at the sole expense of CDIFW. 5. WASTE; MAINTENANCE. CDIFW agrees that it will not make or suffer any waste on the Licensed Premises. CDIFW shall not make any alterations to the Licensed Premises without first obtaining written approval from the Neighborhood Services Department Director or that authorized designee. CDIFW further agrees to maintain and pick up litter and perform minor housekeeping as necessary to keep the Licensed Premises in a clean, orderly, and sanitary condition at all times. City shall perform any major cleaning, e.g., strip, buff and wax floors, at standards and frequencies that may be established by City. CDIFW will remove garbage and deposit in dumpster in accordance with established procedures. 6. UNLAWFUL,IMPROPER OR OFFENSIVE USE. CDIFW agrees that neither it nor its officers, agents, employees, licensees, invitees, volunteers, or program participants shall make any unlawful, improper or offensive use of the Licensed Premises or any part thereof as determined by the City. License Agreement between the City of Fort Worth and Casa Del Immigrante Fort Worth Page 5 of 19 7. RIGHT OF ACCESS. The City reserves to itself, its officers, agents, assigns, and employees the right to enter the Licensed Premises at any time for the purpose of ascertaining compliance with the terms and provisions of this Agreement; making inspection of the Licensed Premises; and maintaining and making repairs and improvements to City-owned property. In addition, the City does not relinquish the right to control the management of the Licensed Premises as community center or the right to enforce all necessary and proper rules for the management and operation of the same. Members of the City's police, fire, parks, code compliance, health, and other designated departments shall have the right at any time to enter any portion of the Licensed Premises (without causing or constituting a termination of the Agreement) for the purpose of inspecting the facilities, maintaining City-owned property, and performing any and all activities necessary for the proper conduct and operation of public property, provided that no unreasonable interference, as determined by the City with CDIFW's use of the Licensed Premises is caused by such access. The City will at all times have keys with which to unlock all doors and gates associated with the Licensed Premises, and CDIFW will not change or alter any lock without the City's permission and shall provide new keys to the City within forty-eight (48) hours of making any approved change. 8. INDEPENDENT CONTRACTOR STATUS. CDIFW shall exercise its rights and privileges as an independent contractor, and not as an officer, agent, servant, or employee of the City. CDIFW shall have exclusive right to control the details of its operations on the Licensed Premises and all persons performing same, and CDIFW shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, invitees, licensees, volunteers, patrons, and program participants. The doctrine of respondent superior shall not apply as between City and CDIFW, its officers, agents, servants, employees, contractors, subcontractors, invitees, licensees, volunteers, patrons, or program participants. Nothing herein shall be construed as creating a partnership or joint enterprise between City and CDIFW. Further, it is expressly understood and agreed that no officer, agent, servant, employee, volunteer, or subcontractor of CDIFW is in the paid service of License Agreement between the City of Fort Worth and Casa Del Immigrante Fort Worth Page 6 of 19 City, nor shall any person participating in CDIFW's operations be considered an officer, agent, servant, or employee or the City of Fort Worth. 9. INDEMNITY. CDIFW agrees to and does hereby indemnify, hold harmless, and defend the City, its officers, agents, servants, and employees from and against any and all claims or suits for property damage or loss and/or personal injury(including, but not limited to, death) to any and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with, directly or indirectly, the licensing, maintenance, use, occupancy, existence, or location of the Licensed Premises during the term or this Agreement, unless such claims or suits are a result of the sole alleged negligence of officers, agents, servants, employees, separate contractors, subcontractors, licensees, or invitees of the City. This section shall survive the expiration or termination of this Agreement. 10. TERMINATION. A. In the event CDIFW fails or refuses to fully perform and satisfy all of its covenants and obligations, whether expressed or implied, the City may terminate this Agreement at any time, enter and obtain possession of the Licensed Premises, and remove CDIFW without notice to CDIFW, without being deemed guilty of trespass, and without any liability whatsoever on the part of the City. Such removal and termination shall not relieve or release CDIFW from any liability or obligation unto the City previously incurred under this Agreement. CDIFW hereby grants a lien to the City in and on all personal property belonging to CDIFW in or on the Licensed Premises as a possessory pledge to secure the timely performance by CDIFW of all of its obligations hereunder. In the event of default by CDIFW, the City is and shall be empowered and authorized to seize and hold all of the personal property belonging to CDIFW in or on the Licensed Premises to secure such performance. Pursuant to said seizure, City is authorized to sell same at public or private sale and to apply the proceeds thereof first to pay the expenses of sale and to pay all amounts due the City hereunder, holding the balance remaining for payment to or on behalf of CDIFW. A copy of this Agreement shall be the only warrant required. License Agreement between the City of Fort Worth and Casa Del Immigrante Fort Worth Page 7 of 19 B. City may terminate this Agreement at any time for any reason on thirty (30) days' written notice delivered to CDIFW. In the event that CDIFW fails to comply with or breaches any of the terms and provisions of this Agreement, City shall have the right to immediately declare this Agreement terminated without notice to CDIFW. C. CDIFW may terminate specific services without terminating the entire Agreement by providing City with thirty (3 0) days' written notice. 11. DELIVERY OF LICENSED PREMISES. CDIFW further agrees that it will, following termination of services at the Center or at the termination or expiration of this Agreement, peaceably deliver up to the City the Licensed Premises and all appurtenances or improvements thereon in a state of good repair, vacant, unencumbered, and in good and tenantable condition. 12. RULES, REGULATIONS AND OPERATION. The Licensed Premises shall be subject to the same rules, regulations, and methods of operation as any other public facilities operated by the Neighborhood Services Department for the public benefit. CDIFW shall comply with all ordinances and regulations of the City and with the laws of the State of Texas and of the United States of America applicable to the use of said Licensed Premises. CDIFW shall obtain and pay for all necessary permits and licenses required or used in connection with CDIFW's use of the Licensed Premises. 13. DAMAGE TO PERSONAL PROPERTY. The City shall bear no liability for personal property in the Licensed Premises by CDIFW. 14. INSURANCE. A. CDIFW agrees to supply to the City a certificate of public liability insurance; such insurance shall be in effect for the term of this Agreement and any renewals thereof and shall provide the following types and amounts of liability coverage: Property damage $1,000,000.00 Bodily injury, including death, each person $1,000,000.00 License Agreement between the City of Fort Worth and Casa Del h- migrante Fort Worth Page 8 of 19 Bodily injury, including death, each accident $1,000,000.00 City may, in its sole discretion, require CDIFW to increase or revise the types and amounts of coverage by issuing a written request to CDIFW, and CDIFW covenants and agrees that it shall procure the revised types and amounts of coverage within thirty (30) days of receiving a written request from the City. B. Each policy of insurance required under this Agreement shall list the City of Fort Worth as a Certificate Holder and shall be endorsed to name the City is an additional insured. Reference to this endorsement shall be included in the "Description" section of each insurance certificate, and the City of Fort Worth shall be listed on the certificate as a Certificate Holder. 15. NOTICES. Notices to be provided hereunder shall be sufficient if forwarded to the other parry by hand-delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party shown below: TO CITY: TO CDIFW: Lease Management Maria Herrera Property Management Department Casa Del Immigrante Fort Worth 900 Monroe, Suite 404 1100 NW 18t` Street Fort Worth, Texas 76102 Fort Worth, Texas 76164 WITH A COPY TO: Jessica Sangsvang, Assistant City Attorney City Attorney's Office I99 zk'x) 1 Q K,-S S) . Fort Worth, Texas 76102 16. FUNDING LIMITATIONS. As to the City's performance of its obligations under this Agreement, CDIFW acknowledges and agrees that (i) the City is a governmental entity and (ii) because of statutory, constitutional, and City Charter provisions, the City cannot commit to the funding for the obligations described herein beyond the fiscal year. Therefore, the funding obligations of the City described herein are subject to and conditioned on the City Council appropriating for each fiscal year funds to satisfy such obligations. License Agreement between the City of Fort Worth and Casa Del Immigrante Fort Worth Page 9 of 19 17. ASSIGNMENT. CDIFW shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment of subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. If City grants consent to an assignment, the assignee shall execute a written agreement with the City and CDIFW under which the assignee agrees to be bound by the duties and obligations of CDIFW under this Agreement. CDIFW and the assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with CDIFW referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of CDIFW under this Agreement as such duties and obligations may apply. CDIFW shall provide the City with a fully executed copy of any such subcontract. 18. COMPLIANCE WITH LAW. CDIFW, its officers, agents, servants, employees, volunteers, and subcontractors shall abide by and comply with all federal, state, and local laws, rules, and regulations, including, but not limited to, all ordinances, rules, and regulations of City. It is agreed and understood that if City calls to the attention of CDIFW any violation on the part of CDIFW or any of its officers, agents, servants, employees, volunteers, or subcontractors, then CDIFW shall immediately desist from and correct such violation. 19. NON-DISCRIMINATION. In the execution, performance, or attempted performance of this Agreement, CDIFW will not discriminate against any person or persons because of disability, familial status, sex, race, religion, color, national origin, sexual orientation, or any other class of person protected by law nor will CDIFW permit its officers, agents, servants, employees, volunteers, or subcontractors to engage in such discrimination. This Agreement is made and entered into with reference specifically to the Code of Ordinances of the City of Fort Worth relating to discrimination in employment practices, and CDIFW hereby covenants and agrees that CDIFW, its officers, agents, employees, volunteers, and subcontractors have fully complied with all provisions of License Agreement between the City of Fort Worth and Casa Del Immigrante Fort Worth Page 10 of 19 same and that no employee or employee-applicant has been discriminated against by either CDIFW, its officers, agents, employees, volunteers, or subcontractors. 20. RIGHT TO AUDIT. CDIFW agrees that the City shall, until the expiration of three (3) years after final expiration or termination of this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of CDIFW involving transactions relating to this Agreement. CDIFW agrees that the City shall have access during normal working hours to all necessary CDIFW 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 CDIFW reasonable advance notice of intended audits. CDIFW 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 section. City shall give subcontractor reasonable advance notice of intended audits. This section shall survive the expiration or termination of this Agreement. 21. NON-WAIVER. The failure of either party 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 CDIFW's right to assert or rely on any such term or right on any future occasion. 22. DISCLOSURE OF CONFLICTS. CDIFW hereby warrants to the City that CDIFW has made full disclosure in writing of any existing or potential conflicts of interest related to CDIFW's execution of this Agreement and provision of services. In the event that any conflicts of interest arise after the execution of License Agreement between the City of Fort Worth and Casa Del Immigrante Fort Worth Page 11 of 19 this Agreement, CDIFW hereby agrees to make full disclosure to the City in writing immediately on learning of such conflict. 23. GOVERNMENTAL POWERS. Both parties agree and understand that the City does not waive or surrender any of its governmental powers by execution of this Agreement. 24. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. 25. FORCE MAJEURE. If either Party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency United States; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its community centers, parks, or any City-owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. CDIFW hereby releases the City from and against any and all claims for damages that it may have resulting from any Force Majeure Event. License Agreement between the City of Fort Worth and Casa Del Immigrante Fort Worth Page 12 of 19 26. GOVERNING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 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. 27. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 28. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have had the opportunity to review and revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 29. AMENDMENT. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. 30. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he or she has the legal authority to execute this Agreement on behalf of his or her respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. License Agreement between the City of Fort Worth and Casa Del Irimigrante Fort Worth Page 13 of 19 31. ENTIRE AGREEMENT. This written instrument (together with any attachments, exhibits, and appendices) constitutes the entire understanding between the parties concerning the use of the Licensed Premises and the services to be performed, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. EXECUTED in Fort Worth, Tarrant County, Texas on this the4 day 00 , 20W- ' CITY OF FORT WORTH CASA DEL IMMIGRANTE FORT WORTH By: - � �— By:? Jesus J. Chapa Marra Herrera Assistant City Manager Vice President APPROVED S TO FORM AND LEG Y: 4 aj Jessica Sanang Assistant Ci Attorney II Form 1295: R. ' 0I -7 ATTEST:T. U' Mary Ka r City SecrCrary &' U� X M&C:&' Date: 7 aD/� OFFICIAL R GURD CITY'��SECRETARY T S oRir"t TX License Agreement between the City of Fort Worth and Casa Del Immigrante Fort Worth Page 14 of 19 Re: License Agreement between the City of Fort Worth and Casa Del Immigrante Fort Worth M&C:L-16007 Date:3/7/2017 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. e of Employee Title a a b I i; is x r } STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Jesus J. Chapa, Assistant City Manager, of City of Fort Worth, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Fort Worth, and that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas and for the purposes and consideration therein expressed, and in the capacity therein stated. Subscribed to and sworn before me this_j_day of , W..� Notali Public in and for the "P`PU9 MARIA S SANCHEZ State of Texas My Commission Expires December 19,2017 y My Commission Expires: License Agreement between the City of Fort Worth and Casa Del Immigrante Fort Worth Page 15 of 19 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Maria Herrera, Vice President, Casa Del Immigrante Fort Worth known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Casa Del Immigrante Fort Worth and that he executed the same as the act and deed of the of Casa Del Tmmigrante Fort Worth, a non- profit entity, for the purposes and consideration therein expressed, and in the capacity therein stated. Subscribed and sworn to before me this Z day of , 201..6:1 N ary Public in and for the [Ism MARK E.BROWN State of Texas Notary Public My� mm'ssion Expires. STATE OF TEXAS ���n�y Comm.Exp.July 29,201 T 9 License Agreement between the City of Fort Worth and Casa Del Immigrante Fort Worth Page 16 of 19 EXHIBIT A NORTHSIDE MULTI-PURPOSE CENTER 1100 NW 18"Street Fort Worth,Texas 76164 ALARM PAD - FIRE EXTRI, . g E - Dar t . 06 - OUTSIOE 5TWmE Su S'T'ORAGE P - PAWRY s I HP@ME STA - STAFF T1 - TREATMENT i � {----- � i� - TREA7MEhrrr 3 sv h TS - TREA171U 5 MY cA m - - S S N W t9 2 - � rz „ � 91y 6TAFF fah{ B �� p BCC - BUBTnfSS OFFICE 01 QrFICE 1 02 . OFFICE 2 �Y �a U - UTILITY RJON DAY CA's � �1� ST T�CAT& �ixnxs SH - S!-IQW h� 0 u z U 4. u License Agreement between the City of Fort Worth and Casa Del Immigrante Fort Worth Page 17 of 19 EXHIBIT B Casa Del Immigrante Fort Worth Community Services I. Assistance with applications for U.S. citizenship. I1. Assistance with completing renewal applications for permanent U.S. residency. III. Provide assistance with eligibility determination and document processing for those seeking first time and renewal consideration for Deferred Action for Childhood Arrivals (DACA). IV. Provide citizenship classes with a curriculum that meets the testing standards for the United States Citizenship and Immigration Services. a. Each class involves fifteen(15) weekly sessions, with each session lasting 2 Y2 hours. b. Classes are conducted up to four (4) times per year depending on demand. V. Misc. document processing, i.e., Application for Travel, Employment Authorization, etc. VI. Provide general information and resource assistant, i.e. document translation services. VII. Voter registration services, and education Statistics Number of Citizens served annually: 1,080 Number of Citizenship classes conducted annually: 45 Total number of people helped in 2015: 28,056 Community Engagement and Participation Assist with and participate in annual Children's Day and Fiesta Navidad Events through the collection and delivery of toy's to children during the holiday season. License Agreement between the City of Fort Worth and Casa Del Immigrante Fort Worth Page 18 of 19 EXHIBIT C Casa Del Immigrante Fort Worth - Monthly Activity Report The following information is required to complete the monthly center activity report and authorize public purpose lease agreement for the City of Fort Worth Northside Community Center. Please return this form to Center Coordinator or Northside Community Center Staff person by the St" of every month. Re ortin Month/Year nforrrtat�on/ eso ce Centefi InformaT�on C30MMENTS,A80UT SERVIG�ES PRO IDED N m er eop�>a rs�fieltt�e a enc sin"t,. ewe mbex o e1 1as,ass s ed w Ne e. Name of Events: i5 Name of person completing this form: Signature: Date: License Agreement between the City of Fort Worth and Casa Del Immigrante Fort Worth Page 19 of 19 M&C Review Page 1 of 2 ORT IVORTFI COUNCIL ACTION: Approved on 3/7/2017 DATE: 3/7/2017 REFERENCE **L-16007 LOG NAME: 21CASADELIMMIGRANTE NO.. CODE: L TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a License Agreement with Casa Del Immigrante Fort Worth to Use Space at the Northside Community Center Located at 1100 NW 18th Street, Fort Worth, Texas, 76164 to Provide Citizenship and Immigration Information and Classes to Serve the Community and Authorize Waiver of Fees (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a License Agreement with Casa Del Immigrante Fort Worth to use space at the Northside Community Center located at 1100 NW 18th Street, Fort Worth, Texas, 76164 to provide citizenship and immigration information and classes to serve the community; 2. Authorize waiver of fees; and 3. Find that the waiver of such fees serves to carry out the public purpose of providing low-cost citizenship and immigration assistance to area residents and that adequate controls are in place through the Neighborhood Services Department to carry out such public purpose. DISCUSSION: Since 2005, the City and Fort Worth Hispanic Chamber of Commerce (HCC) have been party to a series of Agreements to lease office space, through approved sub lessees, at the Northside Community Center, located at 1100 NW 18th Street, Fort Worth, Texas, 76164, to meet the needs of the community in the areas of workforce development, consumer health and awareness, education, business consultation and financial literacy programs. Casa Del Immigrante Fort Worth (CDIFW), one of the sub lessees, provides citizenship and immigration information, citizenship classes, cultural information and events for area residents. The most recent Lease Agreement between the City and HCC terminated on October 31, 2014, (City Secretary Contract (CSC) No. 45203) and was not renewed by the HCC, which also terminated CDIFW s Sublease Agreement. CDIFW desires to continue to offer services and classes at the Northside Community Center to area residents. Approval of this Mayor and Council Communication authorizes the City and CDIFW to enter into a License Agreement for a term of one year with the option to renew the Agreement for two additional successive years for use of a designated space at the Northside Community Center and waives the license fee in consideration for CDIFW to provide citizenship and immigration information, citizenship classes, cultural information and events for area residents. The City's Neighborhood Services Department will be responsible for verifying the public purposes are carried out. CDIFW will provide the City a report each month detailing services offered, number of residents http://apps.cfwnet.org/council_packet/mc review.asp?ID=23025&councildate=3/7/2017 3/30/2017 M&C Review Page 2 of 2 served, classes offered, number of class participants completing courses and other data documenting service to residents living in the neighboring community. The City will use this information to evaluate whether the public is being served by partnering on this endeavor and will regularly consider whether the waiver of license fees is adequately providing citizenship and immigration information within the community. This program is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval, no significant impact to the City's Fiscal Year 2017 Budget will occur. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Steve Cooke (5134) Additional Information Contact: Mark Brown (5197) Jean Petr (8367) ATTACHMENTS CDI Form 1295.pdf MC 21CASADELIMMIGRANTE (3).pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=23025&councildate=3/7/2017 3/30/2017 L-16007 C CERTIFICATE OF INTERESTED PARTIES FORM 2295 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number; of business. 2017-162061 Casa Del Immigrante Fort Worth Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 02!03/2017 being filed. City of Fort Worth Date Ackno ledd: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 1100 NW 18th. Citizenship Classes and Immigration Information Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 AFFI swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. MARK E.BROWN * Notary Public STATE OF TEXAS J+lt of tc+� My Comm.Exp,July 29,2019 f Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE /1 /J q G / /� (f Sworn to and subscribed before me,by the said/ // '+4" /��` /y� this the day of L' � 20� to certify which,witness my hand and seal of office. �- IwA,12k �3 owl G�i� Sg ature of officer administering oath Printed name of officer administering oath Title of off icE/administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277