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HomeMy WebLinkAboutContract 42922n 9 THE STATE OF TEXAS § COUNTY OF TARRANT § CITY SECRETARY CONTRACT NO. d 61 Q 3, AGREEMENT KNOW ALL MEN BY THESE PRESENTS THIS AGREEMENT, is made and entered into this W day of 11MAUN , 2012-, by and between the CITY OF FORT WORTH, TEXAS, a home rule municipal corporation of the State of Texas, situated in Tarrant, Denton, Parker and Wise Counties, acting herein by and through its duly authorized agent and officer, hereinafter referred to as CITY, and the COUNTY OF TARRANT, STATE OF TEXAS, acting by and through its County Judge, duly authorized so to act, hereinafter referred to as COUNTY, WITNESSETH: WHEREAS, a need exists to encourage and promote the worth and dignity of individuals and families within Tarrant County; WHEREAS, adults and children often require assistance with food, shelter, clothing, utilities and medical needs by means of direct and referral services; WHEREAS, individuals may obtain this assistance by seeking services at the CITY'S Community Action Partners Program's (CAPP) neighborhood centers; WHEREAS, the CITY, through its CAPP neighborhood centers, provides this guidance and assistance to all eligible individuals; WHEREAS, the CITY, through its CAPP, desires funds to help pay monthly rent for two CAPP neighborhood centers located in southeast and northwest Tarrant County; OFFICIAL Rl';%CORD AGREEMENT BETWEEN CITY OF FORT WORTH TEXAS and TARRANT COUNTY TEXAS ( "CAPP" F$2WYpAQtkqRETARY FT WOPTH, X WHEREAS, both COUNTY and CITY are providing, pursuant to this Agreement, a governmental function or service that each party to the contract is authorized to perform individually, specifically, pursuant to Section 81.027 of the Texas Local Government Code, a commissioners court may provide for the support of paupers, residents of their county, who are unable to support themselves; WHEREAS, each party to this Agreement is making payments from current revenues available to the paying party; WHEREAS, the Tarrant County Commissioners Court hereby finds that the programs and activities provided by CITY benefit the residents of Tarrant County, Texas, and hereby declares that this Agreement is for rental payments, which constitute a purchase involving an interest in land; and NOW, THEREFORE, COUNTY and the CITY hereby agree as follows: The CITY, through its CAPP, agrees to continue to provide neighborhood sites in various locations throughout Tarrant County for use by Tarrant County residents for the provision of assistance in the areas previously mentioned. As such, CITY agrees to continue paying any necessary monthly rent, utilities, and general upkeep, as needed, for two CAPP centers located in southeast and northwest Tarrant County. COUNTY, for and in consideration of the services provided herein, agrees to pay to the CITY a lump sum payment of THIRTY THOUSAND AND NO /100 ($30,000.00) for rent and utilities, as described above, upon receipt of documentation that the CITY AGREEMENT BETWEEN CITY OF FORT WORTH TEXAS and TARRANT COUNTY TEXAS ( "CAPP" FY2012) - PAGE 2 has incurred such expenses during the period October 1, 2011 through September 30, 2012. Nothing contained in this Agreement shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent, partnership, joint enterprise, common enterprise, joint venture, joint owners, or joint tenants between the parties. The parties hereby declare and acknowledge that the relationship existing is one of independent contractor. This Agreement does not and shall not be construed to entitle either party or any of their respective employees or officials, if applicable, to any benefit, privilege or other amenities of employment from the other party. IV. The parties to this Agreement do not intend to create any third party beneficiaries of the Agreement of the rights contained herein. No person who is not a party to this Agreement may bring a cause of action pursuant to this Agreement as a third party beneficiary. This Agreement may not be interpreted to waive the sovereign immunity of any party to this Agreement to the extent such party may have immunity under the law of the State of Texas. V. To the extent provided by law, the CITY agrees to provide COUNTY all records relating to the programs performed through the CAPP upon written request of COUNTY and to provide a final report detailing the manner in which such funds are expended and the program details of its services. AGREEMENT BETWEEN CITY OF FORT WORTH TEXAS and TARRANT COUNTY TEXAS ( "CAPP" FY2012) - PAGE 3 VI. The CITY must submit to TARRANT COUNTY a final report as to the program outcomes achieved within sixty (60) days of the end of the requested funding year [by November 30, 2012] by providing a program update on all outcomes accomplished and client populations served. Until receipt of this final report by TARRANT COUNTY, all subsequent funding will be held in abeyance. WITNESS OUR HANDS this _0 day of 3MU(U11 , 201 2— CITY OF FORT WORTH, TEXAS By: v� C O IC AND AUTHORIZED AGENT ATTEST: APPROVED AS TO F M rD LEGALITY: By: LEGAL COUNSEL AS SAN ITY ATTORNEY { C c 2s30 RECEIVED: A*spd by: By: CITY SECRETARY Rbnald P. Gonzales, MsL City Semllmy TARRANT COUNTY, TEXAS i T By: Z'&t� LEN WHITLEY, COUNTY JUDGE OFFICIAL R-'.Ct RVI AGREEMENT BETWEEN CITY OF FORT WORTH TEXAS and TARRANT COUNTY TEXAS ( "CAPP" F4MY- MfiRETARY O1TO O y � T p CERTIFICATION AS TO AVAI BILITY OF FUNDS: (in the amount of $30,000.00) k By: RENEE TIDWELL, COUNTY AUDITOR APPROVED AS TO FORM* By: STEVE SPARKS, ASSISTANT DISTRICT 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 a contract or legal document 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). AGREEMENT BETWEEN CITY OF FORT WORTH, TEXAS and TARRANT COUNTY TEXAS ( "CAPP" FY2012) - PAGE 5 cot) v? . TARRANT COUNTY COMMISSIONERS COURT G. K. MAENIUS COUNTY ADMINISTRATOR February 15, 2012 Mr. Ronald Gonzales, Assistant City Secretary City of Fort Worth Community Action Partners Program (CAPP) 1000 Throckmorton Street Fort Worth, TX 76102 Dear Mr. Gonzales: The Tarrant County Commissioners Court approved the Fiscal Year 2012 contract with the City of Fort Worth — Community Action Partners Program. Enclosed herewith are two original copies of the contract for your files. We have received the Fiscal Year 2011 report and a check in the amount of $30,000.00 for Fiscal Year 2012 will be mailed separately. Per Paragraph VII. of this agreement, please be reminded that a report giving an accounting of all expenditures of County funds is due no later than November 30, 2012, as well as a program update on all outcomes accomplished and client populations served. Without these documents, the County will be unable to honor further requests for funding. Please contact us if you have any questions regarding this agreement. Si cerely, G.K. Maenius County Administrator Enclosures TARRANT COUNTY ADMINISTRATION BUILDING 100 E. WEATHERFORD, FORT WORTH, TEXAS 817/884 -1733 FAX 817/884 -1702