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Home My WebLink AboutContract 48752 CITY SECRETARY V CONTRACT NO, � _ -- THE STATE OF TEXAS § T, ell co § 1;sFGdo COUNTY OF TARRANT § A E'IIfI�ENT 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 NOW, THEREFORE, this Agreement is made and entered into this`�-Y':>� day of (. At4a 2017, by and between CITY OF FORT WORTH, TEXAS ("CITY"), acting by Jnd through its duly authorized agent, and TARRANT COUNTY, TEXAS ("COUNTY"), acting by and through its County Judge. n UFFICIAL IRECURU CITY SECRETARY FT.WORTH,TX AGREEMENT BETWEEN CITY OF FORT WORTH,TEXAS and TARRANT COUNTY,TEXAS(FY 2017)-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, 2016 and ending September 30, 2017. 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 2017)-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, 2017] 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 Form 1295 disclosure of interested parties pursuant to Tex. Gov't Code Section 2252.908 is required. SIGNED AND EXECUTED this day of , 2017. AUTHORIZED AGENT CITY OF FORT WORTH, TEXAS COUNTY OF TARRANT STATE OF TEXAS B. Glen Whitley County Judge 'Sand -3i t t OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX AGREEMENT BETWEEN CITY OF FORT WORTH TEXAS and TARRANT COUNTY,TEXAS(FY 2017)-Page 3 of 4 CERTIFICATION OF APPROVED AS_TO FORM---, AVAILABLE FUNDS: 00.00 47 _fOy ' / /p3 Criminal District Attorney'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. APPROVED AS TO FORM AND LEGALirf: - - a U Paige Meb ne Assistant City Attorney ATTEST: '' 1 [VINY1j. sj City Secretary ' M&C C-20000 Dated: 12/6/2016 Contract Comp iEance 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. zmw-") gonia Singleton Assistant Director Title OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX AGREEMENT BETWEEN CITY OF FORT WORTH,TEXAS and TARRANT COUNTY,TEXAS(FY 2017)-Page 4 of 4 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORRTTW*ORRTFI COUNCIL ACTION: Approved on 12/6/2016 - Ordinance No. 22510-12-2016 DATE: 12/6/2016 REFERENCE NO.: **C-28000 LOG NAME: 19TARRANT2017 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Acceptance of Funds and Execution of an Agreement with Tarrant County in the Amount of$30,000.00 for Fiscal Year 2017 for the Operation of the Far Northwest Community Action Partners Center in River Oaks and the Southeast Community Action Partners Center in Arlington, Authorize Execution of a Lease Agreement with Mary Hartman for the Far Northwest Community Action Partners Center and Adopt 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 2017 in the amount of$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$11,700.00, with the lease term beginning on October 1, 2016 and ending on September 30, 2017; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating State Fund in the amount of$30,000.00, subject to execution of the Grant Agreement and receipt of the grant funds. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to accept funds from Tarrant County to assist in the operation of the Far Northwest Community Action Partners Center(Far Northwest CAPC) located at 920 Roberts Cut Off Road in River Oaks and the Southeast Community Action Partners Center (Southeast CAPC) (collectively known as Centers) located at 1601 East Lamar Boulevard in Arlington and enter into a Lease Agreement for the use of the Far 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 $2,463.83 per month or$29,565.96 for the year, which includes utilities. The City has also entered into an annual Lease Agreement (CSC No.47399) with Mary Hartman for the use of the Far Northwest CAPC. Staff recommends continuation of this lease for an additional year, with a lease term to begin on October 1, 2016 and end on September 30, 2017. The total base rent for this facility is $11,700.00, which will be paid in monthly rental installments of$975.00, http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22907&counciidate=12/6/2016 2/28/2017 M&C Review Page 2 of 2 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. This contract will be with a governmental entity, state agency or public institution of higher education: Tarrant County. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, receipt of the grant and adoption of the attached appropriation ordinance, funds for operation will be available in the current operating budget, as appropriated, of the Grants Fund. The department shall be responsible for identifying funding sources to cover expenses incurred in the event the grant funds are not received. This is an advance grant. TO Fund Department Account Project Program Activity Budget Reference# m Aount ID I I ID I I Year Chartfield 2 FROM Fund Department AccountProject Program Activity Budget Reference# Amount ID ID I I Year Chartfield 2 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Aubrey Thagard (8187) Additional Information Contact: Sonia Singleton (5774) ATTACHMENTS 19TARRANT2017 AO.docx http://apps.cfwnet.org/council_packet/mc review.asp?ID=22907&councildate=12/6/2016 2/28/2017