HomeMy WebLinkAboutContract 53465 _ CI�'�'�EURETARY
CONTRACT NO. 5305
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
NOW, THEREFORE, this Agreement is made and entered into this —7— day of
a-tA , 2020, by and between CITY OF FORT WORTH, TEXAS ("CITY"),
acting by arld through its duly authorized agent, and TARRANT COUNTY, TEXAS
("COUNTY"), acting by and through its County Judge.
OFV� rAL
{yap V-V'
ce'N
R 29 2020 �u�
JA - �-
AGREEMENT BETWEEN CITY OF FORT WORTH.TEXAS and TARRANT COUNTY.TEXAS(FY 2020)-Page 1 ofs
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, 2019 and ending September 30, 2020.
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 2020)-Page 2 of
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, 2020]
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 , 2020.
AUTHORIZED AGENT
CITY OF FORT WORTH, TEXAS
COUNTY OF TARRANT
STATE OF TEXAS
B. Glen Whitley
County Judge
I
aGn? SECRETARY
rn, rC1
AGREEMENT BETWEEN CITY OF FORT WORTH,TEXAS and TARRANT COUNTY.TEXAS(FY 2020)-Page 3 of
CERTIFICATION OF
APPROVED AS TO FORM: AVAILAB F= NDS: $30,000.00
Criminal Dis rict Attorney's ice* 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.
COrVo 5( ,F EE`1ARI
F� ,WOR`THf Tr,
AGREEMENT BETWEEN CITY OF FORT WORTH.TEXAS and TARRANT COUNTY,TEXAS(FY 2020)-Page 4 of�
2019-2020 TARRANT COUNTY AGREEMENT
COMMUNITY ACTION PARTNERS PROGRAM
APPROVED AS TO FORM AND LEGALITY:
Matt .Murray
Assistant City Attorney
ATTEST.-
Mary J. Ka s
City SecretaXP`
M&C: 19-0336
Dated: December 3,2019
Contract Compliance Manager:
By signing below, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
Sonia Singleton
Assistant Director of 4eighborhood Services
OFFICIAL RECGk
CITY SECRETARY
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 12/03/19 M&C FILE NUMBER: M&C 19-0336
LOG NAME: 19TARRANTCOUNTY2020
SUBJECT
Authorize Acceptance of Funds and Execution of Agreement with Tarrant County in the Amount of$30,000.00 for Fiscal Year 2020 for the
Operation of the Southeast Community Action Partners Center in Arlington 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 2020 in the amount of$30,000.00 for the
operation of the Southeast Community Action Partners Center;
2.Authorize the acceptance of estimated interest earnings for the advanced funds in the amount of$500.00;and
3.Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Other Fund in the amount
of$30,500.00,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 Southeast
Community Action Partners Center(Southeast CAPC)located at 401 W.Sanford Street,Suite 2700 in Arlington.
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.
The lease amount is$1,332.82 per month or$15,993.84 for the year,which includes utilities.The remaining funds will be used for outreach
activities in the northwest area of Tarrant County.This grant is not eligible for indirect cost revenues because no salaries are being funded.
Annually,Tarrant County provides funding for the operation of the Center.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. Earned interest is estimated to be$500.00 for the 2020
award.
This program serves ALL COUNCIL DISTRICTS.
A Form 1295 is not required because: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 Operating Other Fund.
The Neighborhood Services 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.The Neighborhood Services Department will be responsible for the collection and deposit of
funds due to the City. Prior to expenditures being incurred, Neighborhood Services has the responsibility to validate the availability of funds.
Submitted for City Manager's Office by. Fernando Costa 6122
Originating Business Unit Head: Sonia Singleton 5774
Additional Information Contact: Monique Hill 5775