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HomeMy WebLinkAboutContract 33340 CITY SECRETARY CONTRACT NO. AGREEMENT FOR SHELTER BETWEEN THE CITY OF FORT WORTH and THE YMCA OF METROPOLITAN FORT WORTH STATE OF TEXAS § COUNTY OF TARRANT § This Shelter Agreement ("Agreement") is entered into by the City of Fort Worth, Texas ("City"), a home-rule municipal corporation in the State of Texas, acting by and through its duly authorized Assistant City Manager, Joe Paniagua, and The YMCA of Metropolitan Fort Worth, acting by and through Tony Shuman, its duly authorized Chief Executive Officer, ("YMCA"). (Sometimes City and YMCA are referred to individually as a"Party"and collectively as the "Parties"). ARTICLE I RECITALS A. City has received an influx of evacuees fleeing the Gulf Coast and the City of New Orleans, Louisiana as a result of the wide spread devastation and flooding following Hurricane Katrina's landfall in southern Louisiana, Mississippi and Alabama. B. City has determined that extraordinary measures must be taken to alleviate the suffering of evacuees arriving here from the Gulf Coast seeking temporary shelter. The influx of these evacuees to the City has created a state of disaster in the City and therefore on September 1, 2005, the Mayor of the City of Fort Worth declared a state of disaster in the City of Fort Worth, Texas pursuant to section 418.108 of the Texas Local Government Code. C. City anticipates that expenditures by City pursuant to this Agreement will be reimbursed by the Federal Emergency Management Agency of the United States Department of Homeland Security ("FEMA"). The Parties acknowledge to each other that the timing and amount of that reimbursement is unknown to the Parties. D. The purposes of this Agreement are to set out the mutually agreeable terms and conditions relating to shelter for such evacuees (hereinafter referred to as guest or guests) as City determines to place in YMCA's Camp Carter facility and to provide for the payment by City of the charges for such shelter in anticipation of subsequent reimbursement to City by FEMA. j6! rD YMCA Agreement Page 1 of 4 NOW THEREFORE, for and in consideration of the mutual agreements, covenants, and conditions hereinafter set forth, and for the consideration of the mutual promises recited herein the sufficiency of which is hereby acknowledged by the Parties, the Parties contract and agree as follows: ARTICLE II RENT a) The City shall pay to YMCA a payment of $48,241.00 for the use of YMCA's Camp Carter facility as a shelter for the guests during the term of this Agreement. b) YMCA will take all necessary steps to become a vendor for the City and will issue an invoice to City after the conclusion of the term of this Agreement. ARTICLE III TERM OF AGREEMENT This Agreement shall be effective from September 3, 2005 and shall continue in effect through September 16, 2005. ARTICLE IV ADDITIONAL PROVISIONS Liability. City has no liability or responsibility to YMCA or other persons for the guest's conduct. City will coordinate with YMCA and FEMA to seek repayment by FEMA of any damages caused by guests to YMCA's property. City will have police respond to any problems caused by guests and reported to City by YMCA. Both City and YMCA reserve the right to remove any guest placed in YMCA's Camp Carter facility at any time for any reason. YMCA shall notify City prior to removal of any guest. No Discrimination. In accordance with applicable equal opportunity statutes, Executive Orders, and regulations, YMCA shall not discriminate against any person because of race, color, religion, sex, national origin, familial status, disability, or sexual orientation in connection with the sheltering of the guests. Prohibition Against Interest. (a) No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which YMCA is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to YMCA during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or in any contract or subcontract, or the proceeds thereof, for the provisions to be performed hereunder. (a) No member, officer, or employee of YMCA shall have a financial interest, direct or indirect, in this Agreement or the rent payments transferred hereunder or be r,t'n n interested, directly or indirectly, in the sale to YMCA of any land, materials, supplies or services purchased with any rent payments transferred hereunder, except on behalf of YMCA, as an officer, employee, or member. Any willful violation of this paragraph with the expressed or implied knowledge of YMCA shall render this Agreement voidable by City. Notice. Any notices ("Notice") required by this Agreement shall be sent to the person listed below. For the purpose of giving any Notice, the addresses of the Parties are set forth below. The Parties may change the information set forth below by sending Notice of such changes to the other Party as provided in this section. To the City: City of Fort Worth, Texas 1000 Throckmorton Street 76102 Attn: Assistant City Manager Joe Paniagua Phone: 817-392-6191 FAX: 817-392-6134 To YMCA: The YMCA of Metropolitan Fort Worth 540 Lamar Fort Worth, Texas 76102 Attn: Tony Shuman Phone: !? 3 3 S 6 47 �[227Z FAX: Yl?33 S•70 q3 Governing Law and Venue. This Agreement shall be construed under, and in accordance with, the laws of the State of Texas. The Parties submit to venue in Tarrant County, Texas for resolution of any disputes arising under this Agreement. • a Amendment. This Agreement may be amended only with the written consent of all Parties. No Third Party Beneficiary. This Agreement is solely for the benefit of the Parties, and City and YMCA do not intend by any provision of this Agreement to create any rights in any third-party beneficiaries or to confer any benefit upon or enforceable rights under this Agreement or otherwise upon anyone other than City and YMCA. Assignment. YMCA may not assign the Agreement without the prior written consent of City. City may assign this Agreement to FEMA or HUD or any other state or federal agency without consent of YMCA. TN AVFf IfIiL Hewn CITY' IN WITNESS WHEREOF, each Party has caused this Agreement to be executed by its undersigned duly authorized representative in multiple copies, to be effective September 3, 2005. ATTEST: CITY OF FIAT H AA By: - Marty Hendri City Secretarf Joe P a u stant City Manager Date: 21 ICU NO M&C Rl QUIRED APPROVED AS TO FORM AND 7GALITY: Assistant City Attorney YMCA The YMCA po ' Fort Worth By: Tony Sly an, Cj0 Date: CITY HIC-10HY 4 FT, wl"AIN H, EKI