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HomeMy WebLinkAboutContract 43217 (2)1TY$ECRETARYL)2T CONTRACT NO. .o � I . t a a .• tau �.: STATE OF TEXAS COUNTY OF TARRANT INTERLOCAL AGREEMENT BETVVEEN CITY OF FORT WORTH AND TARRANT COUNTY FOR FUNDS FOR PUBLIC HEALTH ERUIERGENCY PREPAREDNESS This Agreement is between the County of Tarrant, Texas, hereinafter referred to as "COUNTY", and the City of Fort Worth, hereinafter referred to as "CITY". The parties agree to the following: 1. Interlocal Cooperation Act. This Agreement is made pursuant to the Texas Interlocal Cooperation Act, Sections 791.001 — 791.029 of the Texas Government Code. 2. Legal authority. Each party has the legal authority to perform and to provide the governmental function or service which is the subject matter of this Agreement. 3. Benefit of Agreement. This Agreement is necessary for the benefit of the public, the performance of this Agreement is in the common interest of both parties, and the performance and payment fairly compensates both parties. 4. Term. The term of this Agreement shall be from February 21, 2012 through June 30, 2012 contingent upon the State of Texas providing the County funds to pay for this Agreement. 5. Budget expenses and payment. A. The COUNTY agrees to pay the CITY $30,000 in order to complete the Security Plans for Fort Worth Strategic National Stockpile (SNS) Points of Dispensing (PODS). As further specified in this Agreement the COUNTY will pay those funds upon receipt of the Plans. Exhibit A is a list of deliverables. Exhibit A is incorporated into this agreement as an integral part of this Agreement. B. Payment will be made to CITY by COUNTY within thirty (30) days after receipt of the completed SNS POD security plans, unless the City has not complied with this Agreement. The County may not withhold payment to the City unless the County has given the City written notice describing the alleged non-compliance in reasonable detail, stating what the County believes will remedy the alleged deficiency, and providing the City at least fourteen (14) calendar days after the City receives such written notice to (i) dispute the alleged deficiency, (ii) cure the deficiency, or (iii) have begun the cure with diligence, if such cure would reasonably require more than fourteen calendar days to accomplish Completion date cannot exceed June 30, 2012. 6. Maximum payment and financial management system. A. In no event will the COUNTY pay more than $30,000 during the term of this Agreement. Each party paying for the performance of governmental functions or Interlocal Agreement between City of Fort Worth and Tarrant County For Funds for Public Health Emergency Preparedness 0�-13-1 P 041 0 IN OFFICIAL RECORD CITY SECRETARIP ge 1 of 5 FT. WORTH, TX services must make those payments from current revenues legally available to that party. B. The CITY agrees to submit a complete SNS POD Security Plans and and invoice by June 30, 2012. The plans and invoice must be submitted to: Tarrant County Public Health 1101 S. Main Street, Suite 2400 Fort Worth, Texas 76104 7. Termination. The CITY and COUNTY shall each have the right to terminate this Agreement for no cause upon thirty (30) days written notice to the other party. Additionally, the CITY shall inform the COUNTY in writing if it shall not continue performance under this Agreement within thirty (30) days of receipt of an amended standard(s) or guideline(s) to the activities listed in Exhibit A. 8. Notice. All notices to be given pursuant to this Amendment shall be delivered by hand delivery or certified mail, return receipt requested, to: County: City' G. K. Maenius, County Administrator Tom Higgins, City Manager 100 E Weatherford 1000 Throckmorton St. Fort Worth TX 76196 Fort Worth TX 76102 County monitors activities. The COUNTY will monitor the achievement of the activities listed in Exhibit A. 10. No agency or partnership. The SNS Liaison is not an agent of the COUNTY and this Agreement is not intended, and shall not be construed, as creating or establishing the relationship of partners between the parties. 11. No ioint venture. This Agreement and the relationship created by this Agreement is not a joint venture of the COUNTY and the CITY. (See paragraphs 4 Term and 7 Termination). 12. Venue. The parties to this Agreement agree that this Agreement will be enforceable in Fort Worth, Texas; and that if legal action is necessary to enforce this Agreement, exclusive venue will lie in Tarrant County, Texas. 13. Assignment. Neither CITY nor COUNTY will assign, sublet subcontract or transfer any interest in this Agreement without the written consent of the other party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of the other party. 14. No waiver; remedies not exclusive. No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or Interlocal Agreement between City of Fort Worth and Tarrant County For Funds for Public Health Emergency Preparedness Page 2 of 5 permitted but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 15. Severability. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions covenants, conditions or any other part of this Agreement are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 16. Each party controls its own resources It is expressly understood that the employees, methods, facilities and equipment of the CITY shall at all times be under its exclusive jurisdiction, direction and control. It is understood that the employees, methods, facilities, and equipment of the COUNTY shall at all times be under its exclusive jurisdiction, direction and control. 17. Liability for Proportionate Responsibility. A. The parties agree that any liability or damages as stated above occurring during the performance of this Agreement and caused by the proportionate responsibility of the CITY, COUNTY, their agents, servants, officers and/or employees shall be determined in accordance with the proportionate responsibility laws of the State of Texas. B Nothing in this Agreement waives any immunity, protection, right, limitation or cap on damages, as recognized in the Texas Tort Claims Act as to either of the parties, or as to any third party. 18. Force Maieure. It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts national disasters; riots, material or labor restrictions; transportation problems, or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 19. Multiple originals. The parties have executed four (4) originals of this Agreement, each of which shall be considered an original document. 20. Paragraph headings. The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any Interlocal Agreement between City of Fort Worth and Tarrant County For Funds for Public Health Emergency Preparedness Page 3 of 5 Court Order No. /c2770 COUNTY OF TARRANT STATE OF TEXAS B. Glen Whitley County Judge Date: APPROVED AS TS. FORMa District Attorne; : Office* provision of this Contract. 21. Complete agreement. This Agreement and Exhibit A embody the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without written agreement of the parties. IN WITNESS WHEREOF, the date of this Agreement is the date that the last party signs it. M & C No.: e CITY OF FORT WORTH Tim Higgins City Manager ar4/4„:,„) Date: Olk /'j. /2- ATTEST: City Secr In ea irdtit: Punc: 0A4-% 4t Qo�u tyrscooloo: ctt teXA ?•cr. 1. VI x- APPROVED AS TO FORM AND LEGALITY (i ( •l' I 'IA (1)44 Assistant City Attorney *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve contracts or legal documents on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s). Certification of Funds Available for the amount of $ `30 0W Xr.,ageOse Auditor's Office • EXHIBIT A IS ON THE FOLLWING PAGE. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Interlocal Agreement between City of Fort Worth and Tarrant County For Funds for Public Health Emergency Preparedness Page 4 of 5 Exhibit A Deliverables 1 The designated representative will coordinate with local law enforcement and Fort Worth Independent School District security representatives to develop POD site security plans for the following drive thru POD sites: Brewer High School Crowley North High School Farrington Field Fossil Ridge High School Handley Field Paschal High School/TCU Sandage parking lot Herman Clark Stadium 2. The designated representative will coordinate with local law enforcement and Fort Worth Independent School District security representatives to develop POD site security plans for the following walk thru POD site: North Side High School 3. The designated respresentative will coordinate with local law enforcement and Tarrant County College Emergency Management local law enforcement to ensure traffic plans are developed to support Tarrant County College site security plans for the following POD sites: Tarrant County College NW Campus Tarrant County College South Campus 4. Due to the level of confidentiality accorded to the security plans by local law enforcement, the written security plans will not be sent to TCPH. A POD Site Security Checklist for each POD will be signed and submitted to TCPH as proof of completion of the security plans. 5. The law enforcement representative may be requested attend SNS audits and produce said plans as requested by the state. Interlocal Agreement between City of Fort Worth and Tarrant County For Funds for Public Health Emergency Preparedness Page 5 of 5 M&C Review Page 1 of 2 DATE: CODE: SUBJECT: Official site of the City of Fort Woith, Texas FORT ` oRTII L COUNCIL ACTION: Approved on 3/6/2012 - Ordinance No. 20078-03-2012 3/6/2012 REFERENCE NO.: C LOG NAME: 36FY12BIOCONTRACT PUBLIC HEARING: Authorize Execution of an Interlocal Agreement with Tarrant County for the City of Fort Worth to Provide Site Security Plans to Tarrant County for Fort Worth Strategic National Stockpile Points of Dispensing Sites and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) TYPE: RECOMMENDATION: It is recommended that the City Council: **C-25468 CONSENT NO 1. Authorize execution of an Interlocal Agreement with Tarrant County for Tarrant County to pay the City $30,000.00 to develop Site Security Plans for Fort Worth Strategic National Stockpile Points of Dispensing Sites; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $30,000.00, from the available funds. DISCUSSION: To support the City of Fort Worth's (City) efforts to continue to prepare for public health emergencies, the City Council authorized the execution of an Interlocal Agreement with Tarrant County (County) for the County to provide for certain deliverable tasks related to public health preparedness, including the capability to set up Points of Dispensing (POD) Centers to effectively respond to intentional, accidental or natural emerging public health emergencies. (M&C C-23329 on February 3, 2009, M&C C-23873 on October 27, 2009 and M&C C-24651 on December 14, 2010) City Staff recommends entering into a related Interlocal Agreement with Tarrant County to develop site specific security plans for identified POD sites. A City planner will coordinate with the Fort Worth Police Department and each site owner to develop traffic plans, identify special staffing needs and address the general security needs of each site The City, as contractor for the County, shall be paid $30,000.00 to complete security plans for 10 sites in Fort Worth. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers 2)GR76 451345 036422586000 2) GR76 5 (VARIOUS) 036422586XXX $30,000.00 $301000.00 Submitted for City Manaaer's Office by: FROM Fund/Account/Centers Charles Daniels (6199) http://apps.cfwnet.org/council_packet/mc review.asp?ID=16516&councildate=3/6/2012 5/17/2012 M&C Review Page 2 of 2 Originating Department Head: Additional Information Contact: ATTACHMENTS 36FY12BIOCONTRACT A012.doc Rudy Jackson (6805) Pat Vasquez (6800) Juan Ortiz (6173) http://apps.cfwnet.org/council packet/mc review.asp?ID=16516&councildate=3/6/2012 5/17/2012