HomeMy WebLinkAboutContract 47625 CITY SECRETARY
CONTRACT NO., !-
THE STATE OF TEXAS §
COUNTY OF TARRANT §
AGREEMENT
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 OF FORT WORTH, TEXAS' COMMUNITY ACTION PARTNERS PROGRAM'S
("CAPP") neighborhood centers;
WHEREAS, the CITY OF FORT WORTH, TEXAS, through its CAPP
neighborhood centers, provides this guidance and assistance to all eligible individuals;
WHEREAS, the CITY OF FORT WORTH, TEXAS, through its CAPP, desires
funds to help pay monthly rent for two CAPP neighborhood centers located in southeast
and northwest Tarrant County;
WHEREAS, both TARRANT COUNTY, TEXAS and CITY OF FORT WORTH,
TEXAS 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 OF FORT WORTH, TEXAS benefit the
residents of Tarrant County, Texas, and hereby declares that this Agreement is for
rental payments, which constitute an expenditure involving an interest in land; and
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NOW, THEREFORE, this Agreement is made and entered into this day of
-Q , 2016, by and between CITY OF FORT WORTH, TEXAS ("CITY"),
acting by Wid through its duly authorized agent, and TARRANT COUNTY, TEXAS
("COUNTY"), acting by and through its County Judge.
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AGREEMENT BETWEEN CITY OF FORT WORTH.TEXAS and TARRANT COUNTY.TEXAS(FY 2016)-Page 1 of 4
CITY and the COUNTY agree as follows:
1. 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.
2. COUNTY, for and in consideration of the services provided, agrees to pay to
CITY a lump sum payment of THIRTY THOUSAND AND NO/100 DOLLARS
($30,000.00) for services rendered to the residents of Tarrant County, Texas for the
fiscal year beginning October 1, 2015 and ending September 30, 2016.
3. TO THE EXTENT PERMITTED BY TEXAS LAW, CITY HEREBY AGREES TO
INDEMNIFY AND HOLD HARMLESS COUNTY, ITS OFFICERS, AGENTS,
OFFICIALS, AND EMPLOYEES FROM ANY LOSS, DAMAGE, INJURY OR CLAIM
ARISING FROM THE NEGLIGENT OPERATION OF ITS PROGRAM. SAID
INDEMNIFICATION WILL INCLUDE, BUT NOT BE LIMITED TO, ALL AMOUNTS OF
ALL CLAIMS, ATTORNEYS' FEES, AND COSTS OF COURT.
4. 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.
5. This Agreement shall not be interpreted to inure to the benefit of a third party not
a party to this Agreement. This Agreement may not be interpreted to waive any
statutory or common law defense, immunity, including governmental and sovereign
immunity, or any limitation of liability, responsibility, or damage of any party to this
Agreement, party's agent, or party's employee, otherwise provided by law.
6. The parties to this Agreement will not sell, assign, transfer or convey any
benefits or obligations of this Agreement in whole or part without the prior written
consent of both parties.
7. If any one or more of the provisions contained in this Agreement, for any reason,
be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability will not affect any other provision of this Agreement.
8. This Agreement constitutes the entire agreement between the parties, and any
and all prior negotiations are merged into this Agreement. Any amendment, change, or
addition to this Agreement shall be made only in writing and signed by both parties.
AGREEMENT BETWEEN CITY OF FORT WORTH.TEXAS and TARRANT COUNTY,TEXAS(FY 2016)-Page 2 of 4
9. This Agreement will be governed by and construed according to the laws of the
State of Texas. Venue for any action or claim arising from this Agreement will be in
Tarrant County, Texas, as to state court actions, and the United States District Court for
the Northern District of Texas, as to federal court actions.
10. CITY agrees to provide COUNTY all records relating to the programs performed
by CITY 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.
11. CITY must submit to 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, 2016] by providing the following:
(a) a program update on all outcomes accomplished and client populations
served; and,
(b) an accounting of all expenditures of COUNTY funds (salary, rent, training,
etc.). Any funds not used for the specified purposes or not used within the
time limits specified in this contract are subject to be returned to COUNTY.
Until receipt of this final report by COUNTY, all subsequent funding will be held in
abeyance.
12. CITY acknowledges that it is a "governmental entity" and not a "business
entity" as those terms are defined in Tex. Gov't Code § 2252.908, and therefore, no
disclosure of interested parties pursuant to Tex. Gov't Code Section 2252.908 is
required.
SIGNED AND EXECUTED this day of 1 ,
2016.
AUTHORIZED AGENT
CITY OF FORT WORTH, TEXAS
COUNTY OF TARRANT
STATE OF TEXAS
B. Glen Whitley
County Judge tJ
AGREEMENT BETWEEN CITY OF FORT WORTH,TEXAS and TARRANT COUNTY,TEXAS(FY 2016)-Page 3 of 4
CERTIFICATION OF
7;77
AVAILABLE FUNDS: $30,000.00
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Criminal District Att rney's Office* Tarrant County Auditor
*By law, the Criminal District Attorney's Office may only approve contracts for its clients. We
reviewed this document as to form from our client's legal perspective. Other parties may not rely
on this approval. Instead those parties should seek contract review from independent counsel.
AGREEMENT BETWEEN CITY OF FORT WORTH.TEXAS and TARRANT COUNTY.TEXAS(FY 2016)-Page 4 of 4
2015-2016 TARRANT COUNTY AGREEMENT
COMMUNITY ACTION PARTNERS PROGRAM
APPROVED AS TO FORM AND LEGALITY:
Paige Mdbane
Assistant City Attorney _
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ATTEST:
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Mary J. lWWnv
City Secretary
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M&C C-27493
Dated: September 29,2015
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDAFWWOTH
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COUNCIL ACTION: Approved on 9/29/2015 -Ordinance No. 21914-09-2015 & 21915-09-2015
DATE: 9/29/2015 REFERENCE NO.: **C-27493 LOG NAME: 80TARRANT2016
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Acceptance of Funds and Execution of an Agreement with Tarrant County in an
Amount Up to $30,000.00 for Fiscal Year 2016 for the Operation of the Far Northwest
and Southeast Community Action Partners Centers, Authorize Execution of a Lease
Agreement with Mary Hartman for the Far Northwest Community Action Partners Center,
Adopt Interim Appropriation Ordinance, and Adopt Final Appropriation Ordinance (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of funds and execution of an Agreement with Tarrant County for Fiscal
Year 2016 in the amount up to $30,000.00 for the operation of the Far Northwest Community Action
Partners Center and the Southeast Community Action Partners Center;
2. Authorize the execution of a one-year Lease Agreement with Mary Hartman for the Far Northwest
Community Action Partners Center in the amount of$11,100.00, with the lease term beginning on
October 1, 2015 and ending on September 30, 2016;
3. Adopt the attached interim appropriation ordinance increasing estimated receipts and
appropriations in the Grants Fund in the amount up to $15,000.00 for interim financing of this grant
and providing for a reduction in the same amount if grant funds are not received; and
4. Adopt the attached final appropriation ordinance increasing estimated receipts and appropriations
in the Grants Fund in the amount of$15,000.00, subject to execution of the Grant Agreement and
receipt of the grant funds for a total amount not to exceed $30,000.00.
DISCUSSION:
The purpose of this Mayor and Council Communication is to accept funds from Tarrant County to
assist in the operation of the Far Northwest Community Action Partners Center located at 920
Roberts Cut Off Road in River Oaks (Northwest CAPC) and Far Southeast Community Action
Partners Center located at 1601 East Lamar Boulevard in Arlington (Southeast CAPC) (collectively,
the Centers) and enter into a Lease Agreement for the use of the Northwest CAPC.
The City of Fort Worth has contracted with the Texas Department of Housing and Community Affairs
to serve as the Community Action Agency for Tarrant County under the name of Community Action
Partners (CAP). CAP provides services to low-income residents on a county-wide basis, including
case management, information and referral services, client intake and assessment, emergency
assistance, and other social services.
On October 28, 2014, (M&C C-27063)the City Council approved an amendment to extend City
Secretary Contract No. 39359 for an additional five years with Andrew-Dillingham, Ltd., for the
operation of the Southeast CAPC. The lease amount is$2,288.50 per month or$27,462.00 for the
year, including utilities.
The City has also entered into an annual Lease Agreement(CSC No. 46325)with Mary Hartman for
http://apps.cfwnet.org/council_packet/mc review.asp?ID=21496&councildate=9/29/2015 3/24/2016
M&C Review Page 2 of 2
the use of the Northwest CAPC. Staff recommends continuation of this lease for an additional year,
with a lease term to begin on October 1, 2015 and end on September 30, 2016. The total base rent
for this facility is $11,100.00, which will be paid in monthly rental installments of$925.00, excluding
utilities.
Annually, Tarrant County Provides funding for the operation of the Centers. Since 2009, Tarrant
County has awarded $30,000.00 annually to the City of Fort Worth, and Staff anticipates the same
amount or more for the next several years. Additional funding is provided by the Community Services
Block Grant, therefore, all expenses are completely covered by grant funds, including electricity,
telephone services, natural gas, water and wastewater, and minor repairs.
This program serves ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations, receipt of the grant, and adoption of the attached interim appropriation ordinance,
funds for interim operation will be available in the current operating budget, as appropriated, of the
Grants Fund. With adoption of the final appropriation ordinance, funds for appropriation through the
remainder of the grant period will be available in the current operating budget, as appropriated, of the
Grants Fund upon execution of the grant contract and receipt of the grant dollars. The department
shall be responsible for identifying funding sources to cover expenses incurred under the interim
financing in the event the grant funds are not received.
TO Fund/Account/Centers FROM Fund/Account/Centers
4) GR76 451345 080422XXX000 $30.000.00 GG01 136076 0000000 $15.000.00
4) $30.000.00
GR76 5XXXXX 080422XXX010
3) GR76 220001 000422XXX000 $15,000.00
Submitted for City Manager's Office b . Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Sonia Singleton (5774)
ATTACHMENTS
80TARRANT2016 GR76 FINAL A016.docx
80TARRANT2016 GR76 INTERIM A016.docx
http://apps.cfwnet.org/council_packet/mc review.asp?ID=21496&councildate=9/29/2015 3/24/2016