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HomeMy WebLinkAboutContract 39626ITV SECRETARY "'ONTRACT NO . STATE OF TEXAS § INTERLOCAL AGREEMENT BETWEEN § CITY OF FORT WORTH AND TARRANT COUNTY § FOR FUNDS FOR PUBLIC HEALTH EMERGENCY COUNTY OF TARRANT § PREPAREDNESS This Agreement is between the County %J Tarrant, Texas, hereinafter referred to as 'COUNTY", and the City of Fort Worth, hereinafter referred to as "CITY". The parties agree to the following: 1. Interlocal Cooperation Act. This Agreement is made pursuant to the Texas Interlocal Cooperation Act, Sections 7919001 — 791.029 of the Texas Government Code. 2. Legal authority. Each party has the legal authority to perform and to provide the governmental function or service which is the subject matter of this Agreement. 3. Benefit of Agreement. This Agreement is necessary for the benefit of the public, the performance of this Agreement is in the common interest of both parties, and the performance and payment fairly compensates both parties. 4. Term. The term of this Agreement shall be from October 1, 2009 through July 31, 2010, contingent upon the State of Texas providing the County funds to pay for this Agreement. 5. Personnel expenses. The COUNTY will reimburse the CITY for all employment salary expenses of a Strategic National Stockpile (SNS) Liaison, including the wages, employment taxes, health insurance premiums, retirement contributions and any other employer contributions paid on behalf of CITY employees. 6. Budget expenses and payment. A. The COUNTY agrees to reimburse the CITY for approved budget expenses incurred during the term of this Agreement. The COUNTY will only be obligated to pay those funds as specified and expended in accordance with this Agreement and approved budget in each fund category as listed in Exhibit A, which is hereby incorporated for all purposes. B. Payment will be made to CITY by COUNTY within thirty (30) days after receipt of a verified and proper billing reimbursement request unless the County believes that the City has not complied with the County's reporting requirements, program objectives, or other requirements relating to the City 's performance of work and services under this Agreement. The County may not withhold payment to the City unless the County has given the City written notice describing the alleged deficiency breach in reasonable detail, stating what the County believes will remedy the alleged deficiency, and providing the City at least fourteen (14) calendar days after the City receives such written notice to complete or to dispute the alleged deficiency. OFFICIAL RECORD CITY SECRETARY � Interlocal Agreement between City of Fort Worth and Tarrant County For Funds fdr rPublic Health Emergency Preparedness Page 1 of 7 7. Maximum payment and financial management system. A. However, in no event will the COUNTY pay more than $60,820.00 during the term of this Agreement. Each party paying for the performance of governmental functions or services must make those payments from current revenues legally available to that party. B. The CITY shall utilize its financial management system, including accurate, correct and complete payroll, accounting and financial reporting records, cost source documentation, effective internal and budgetary controls, and timesheets for accurately documenting staff time and expenditures made under this Agreement. A separate cost center must be maintained within the general ledger for this Agreement. A cost center is defined as a unique series of general ledger accounts established for the purpose of accumulating and categorizing expenses related to a specific cost objective. C. An effective accounting system will: • Identify and record valid transactions • Record transactions to the proper accounting period in which transactions occurred • Describe transactions in sufficient detail to permit proper classification • Maintain records that permit the tracing of funds to a level of detail that establishes that the funds have been used in compliance with Agreement requirements • Adequately identify the source and application of funds of the Agreement • Generate current and accurate financial reports for Agreement billing D. The CITY agrees to submit complete and accurate billing, progress, and programmatic reports with appropriate attachments, for the previous month no later than the 15t" day of each month. A make-up claim may be submitted as a final close-out bill within thirty (30) days after the end of this Agreement. All billing must provide appropriate supporting documentation before reimbursement will be approved. The CITY will refund the COUNTY for the reimbursement of costs that are determined by the Department of State Health Services to be ineligible for reimbursement. Monthly billings will be submitted to: Tarrant County Public Health 1101 S. Main Street, Suite 2400 Fort Worth, Texas 76104 8. Termination. The CITY and COUNTY shall each have the right to terminate this Agreement for no cause upon thirty (30) days written notice to the other party. Additionally, the CITY shall inform the COUNTY in writing if it shall not continue performance under this Agreement within thirty (30) days of receipt of an amended tandard(s)=or gui eline(s) to the activities listed in Exhibit B. r1111" l �Rd Interlobal'Agr#bWeht'b"d%Ireen City of Fort Worth and Tarrant County For Funds for, Public Health' Emergency Preparedness Page 2 of 7 9. Notice. All notices to be given pursuant to this Amendment shall be delivered by hand delivery or certified mail, return receipt requested, to: County: 3. K. Maenius, County Administrator 100 E. Weatherford Fort Worth TX 76196 Citx: Dale Fisseler, City Manager 1000 Throckmorton St. Fort Worth TX 76102 10. County monitors activities. The COUNTY will monitor the achievement of the activities listed in Exhibit B while in performance of duties for the CITY. Exhibit B is hereby incorporated for all purposes. 11. City supervision. The CITY shall supervise the SNS Liaison while in performance of duties for the CITY. 12. City monitors supplies and materials. The CITY will retain all supplies and any educational, promotional and/or preparedness material purchased by the Fort Worth Bioterrorism and Health Emergency Preparedness (BHEP) program and bearing the Fort Worth logo for use by the CITY until such material is expended. 13. No agency or partnership. The SNS Liaison is not an agent of the COUNTY and this Agreement is not intended, and shall not be construed, as creating or establishing the relationship of partners between the parties. 14. No joint venture. This Agreement and the relationship created by this Agreement is not a joint venture of the COUNTY and the CITY. (See paragraphs 4 Term and 8 Termination). 15. Venue. The parties to this Agreement agree that this Agreement will be enforceable in Fort Worth, Texas; and that if legal action is necessary to enforce this Agreement, exclusive venue will lie in Tarrant County, Texas, 16. Assi__. n4,. Neither CITY nor COUNTY will assign, sublet, subcontract or transfer any interest in this Agreement without the written consent of the other party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of the other party. 17. No waiver; remedies not exclusive. No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 18. Severability. If any of the terms, sections, subsections, sentences, clauses, phrases, LQrovisions, coven' nts, conditions or any other part of this Agreement are for any FFICIAL RI UU17""[J r1��11(( SECREIArcT I Interloca'� dgreemer between City of Fort Worth and Tarrant County For Funds for Public`Health Emergency Preparedness Page 3 of 7 reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 19. Each party controls its own resources. It is expressly understood that the employees, methods, facilities and equipment of the CITY shall at all times be under its exclusive jurisdiction, direction and control. It is understood that the employees, methods, facilities, and equipment of the COUNTY shall at all times be under its exclusive jurisdiction, direction and control. 20. Liability for Proportionate Responsibility. A. The parties agree that any liability or damages as stated above occurring during the performance of this Agreement and caused by the proportionate responsibility of the CITY, COUNTY, their agents, servants, officers and/or employees shall be determined in accordance with the proportionate responsibility laws of the State of Texas. B. Nothing in this Agreement waives any immunity, protection, right, limitation or cap on damages, as recognized in the Texas Tort Claims Act as to either of the parties, or as to any third party. 21. Force Majeure. It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 22. Multiple originals. The parties have executed four (4) originals of this Agreement, each of which shall be considered an original document. 23. Paragraph headings. The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Contract. 24. Complete agreement. This Agreement embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein sca-nnot,b&.M dified without written agreement of the parties. OFFICIAL RECORD Interlocal Agreemen#`I%}tw`64n City of Fort Worth and Tarrant County For Funds for Public Health Emergency Preparedness Page 4 of 7 IN WITNESS WHEREOF, the date of this Agreement is the date that the last party signs it. Court Order No. COUNTY OF TARRANT STATE OF TEXAS B. Glen Whitley County Judge � . - � _��, ,• • ill t Certification of Funds Av�li��1� fo he Amount of a S. KNEE TIDWELL, (Cpp4/�-' COUNTY AUDITOR APPROVED AS TO F District Attorney' M&CNo.: CITY OF FORT WORTH Date ATTEST: (-3-0 NO M&C REQUIRED" ity Secretary APPROVED AS TO FORM AND LEGALITY Assistant City Attorney 'By law, the District Attorneys Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve contracts or legal documents 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). EXHIBITS A AND B ARE ON THE FOLLWING PAGES. OFFlClAL RECORD CITY SECRETARY FT. VVORTH, TX Interlocal Agreement between City of Fort Worth and Tarrant County For Funds for Public Health Emergency Preparedness Page 5 of 7 Exhibit A Approved Cost Categories Budget Includes 1 SNS Liaison Position 10 mths Personnel 391087 Fringe Benefits 131680 1 SNS Liaison Position 10 mths Travel 0 Equipment 0 Office supplies for SNS Liaison 10 Supplies 600 mths Contractual 0 Maintenance for (1) PC, Printer, (1)Telephone, (1) Vehicle, (1) Blackberry mth service, printing TCPH approved educational Other 2,175 materials, & osta a 10 mths Total Direct Costs 551542 Indirect Costs 5,278 1 SNS Liaison Position 10 mths Total 60,820 OFFICIAL RECORD CITY SECRETARY FT, WORTH, TX Interlocal Agreement between City of Fort Worth and Tarrant County For Funds for Public Health Emergency Preparedness Page 6 of 7 Exhibit B SNS Liaison Deliverables Attend weekly preparedness planning meetings at TCPH beginning in November 2009. Inventory the POD kits and work with SNS Coordinator on placement by November 301 2009. Update and maintain the Fort Worth SNS Plan and associated Standard Operating Guidelines (SOGs) to correspond with the Tarrant County plan and SOGs by December 31, 2009. Work with the SNS coordinator to assess the appropriateness of the existing POD sites to be operated in Fort Worth. Identify new sites as needed by January 31, 2010. Review agreements and update or secure new agreements for POD sites by January 31, 2010. Provide education for city personnel regarding the SNS plan beginning March 15, 2010. Liaison with Fort Worth Police Department to provide security plans for TCPH led POD sites that are within the Fort Worth city limits by March 31, 2010. Provide assignments for Point of Dispensing (POD) lead personnel and other assigned personnel for each Fort Worth POD site to SNS Coordinator by April 30, 2010. Plan, conduct and evaluate a full scale POD exercise at one of the POD locations in Fort Worth in coordination with the SNS coordinator by June 30, 2010. Provide monthly report of activities to include progress on deliverables, provided by the 5th working day of the following month beginning November 2009 and continuing through July 2010. Assist with ongoing recruitment of volunteers for Tarrant County Medical Reserve Corps and assist with volunteer trainings per the TCPH Medical Reserve Corps Coordinator, as needed. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Interlocal Agreement between City of Fort Worth and Tarrant County For Funds for Public Health Emergency Preparedness Page 7 of 7 TO: FROM: DATE: SUBJECT: Eric Canter, Emergency Management Allison Tidwell, City Secretary's Office November 5, 2009 INTERLOCAL AGREEMENT FOR FUNDS FOR PUBLIC HEALTH EMERGENCY PREPAREDNESS These documents are being forwarded to you for original signatures from Tarrant County. All signed copies of the contract must be returned with original signatures for final processing. Failure to return the documents will delay the final processing of the contract. Once we have received all of the documents, we will assign a contract number. Thank you in advance for your cooperation. If you have any questions, please call me at 817-392-6090. Attached: 4 sets CITY SECRETARY (ONTRACT NO. STATE OF TEXAS § INTERLOCAL AGREEMENT BETWEEN § CITY OF FORT WORTH AND TARRANT COUNTY § FOR FUNDS FOR PUBLIC HEALTH EMERGENCY COUNTY OF TARRANT § PREPAREDNESS This Agreement is between the County of Tarrant, Texas, hereinafter referred to as 'COUNTY", and the City of Fort Worth, hereinafter referred to as "CITY". The parties agree to the following: 1. Interlocal Cooperation Act. This Agreement is made pursuant to the Texas Interlocal Cooperation Act, Sections 791.001 — 791.029 of the Texas Government Code. 2. Legal authority. Each party has the legal authority to perform and to provide the governmental function or service which is the subject matter of this Agreement. 3. Benefit of Agreement. This Agreement is necessary for the benefit of the public, the performance of this Agreement is in the common interest of both parties, and the performance and payment fairly compensates both parties. 4. Term. The term of this Agreement shall be from October 1, 2009 through July 31, 2010, contingent upon the State of Texas providing the County funds to pay for this Agreement. 5. Personnel expenses. The COUNTY will reimburse the CITY for all employment salary expenses of a Strategic National Stockpile (SNS) Liaison, including the wages, employment taxes, health insurance premiums, retirement contributions and any other employer contributions paid on behalf of CITY employees. 6. Budget expenses and payment. A. The COUNTY agrees to reimburse the CITY for approved budget expenses incurred during the term of this Agreement. The COUNTY will only be obligated to pay those funds as specified and expended in accordance with this Agreement and approved budget in each fund category as listed in Exhibit A, which is hereby incorporated for all purposes. B. Payment will be made to CITY by COUNTY within thirty (30) days after receipt of a verified and proper billing reimbursement request unless the County believes that the City has not complied with the County's reporting requirements, program objectives, or other requirements relating to the City's performance of work and services under this Agreement. The County may not withhold payment to the City unless the County has given the City written notice describing the alleged deficiency breach in reasonable detail, stating what the County believes will remedy the alleged deficiency, and providing the City at least fourteen (14) calendar days after the City receives such written notice to complete or to dispute the alleged deficiency. Interlocal Agreement between City of Fort Worth and Tarrant Coun For Funds for Public Health Emer enc Pre aredness � �`' � -' �' "� 0 : , = Page 1 of 7 7. Maximum payment and financial management system. A. However, in no event will the COUNTY pay more than $60,820.00 during the term of this Agreement. Each party paying for the performance of governmental functions or services must make those payments from current revenues legally available to that party. B. The CITY shall utilize its financial management system, including accurate, correct and complete payroll, accounting and financial reporting records, cost source documentation, effective internal and budgetary controls, and timesheets for accurately documenting staff time and expenditures made under this Agreement. A separate cost center must be maintained within the general ledger for this Agreement. A cost center is defined as a unique series of general ledger accounts established for the purpose of accumulating and categorizing expenses related to a specific cost objective. C. An effective accounting system will: • Identify and record valid transactions • Record transactions to the proper accounting period in which transactions occurred • Describe transactions in sufficient detail to permit proper classification • Maintain records that permit the tracing of funds to a level of detail that establishes that the funds have been used in compliance with Agreement requirements • Adequately identify the source and application of funds of the Agreement • Generate current and accurate financial reports for Agreement billing D. The CITY agrees to submit complete and accurate billing, progress, and programmatic reports with appropriate attachments, for the previous month no later than the 15th day of each month. A make-up claim may be submitted as a final close-out bill within thirty (30) days after the end of this Agreement. All billing must provide appropriate supporting documentation before reimbursement will be approved. The CITY will refund the COUNTY for the reimbursement of costs that are determined by the Department of State Health Services to be ineligible for reimbursement. Monthly billings will be submitted to: Tarrant County Public Health 1101 S. Main Street, Suite 2400 Fort Worth, Texas 76104 8. Termination. The CITY and COUNTY shall each have the right to terminate this Agreement for no cause upon thirty (30) days written notice to the other party. Additionally, the CITY shall inform the COUNTY in writing if it shall not continue performance under this Agreement within thirty (30) days of receipt of an amended standard(s) or guidelines) to the activities listed in Exhibit B. Interlocal Agreement between City of Fort Worth and Tarrant County For Funds for Public Health Emergency Preparedness 9. Notice. All notices to be given pursuant to this Amendment shall be delivered by hand delivery or certified mail, return receipt requested, to: CVUILLXO G. K. Maenius, County Administrator 100 E. Weatherford Fort Worth TX 76196 Cam: Dale Fisseler, City Manager 1000 Throckmorton St. Fort Worth TX 76102 10. County monitors activities. The COUNTY will monitor the achievement of the activities listed in Exhibit B while in performance of duties for the CITY. Exhibit B is hereby incorporated for all purposes. 11. City supervision. The CITY shall supervise the SNS Liaison while in performance of duties for the CITY. 12. City monitors supplies and materials. The CITY will retain all supplies and any educational, promotional and/or preparedness material purchased by the Fort Worth Bioterronsm and Health Emergency Preparedness (BHEP) program and bearing the Fort Worth logo for use by the CITY until such material is expended. 13. No agency or partnership. The SNS Liaison is not an agent of the COUNTY and this Agreement is not intended, and shall not be construed, as creating or establishing the relationship of partners between the parties. 14. No joint venture. This Agreement and the relationship created by this Agreement is not a joint venture of the COUNTY and the CITY. (See paragraphs 4 Term and 8 Termination). 15. Venue. The parties to this Agreement agree that this Agreement will be enforceable in Fort Worth, Texas; and that if legal action is necessary to enforce this Agreement, exclusive venue will lie in Tarrant County, Texas. 16. Assiclnment. Neither CITY nor COUNTY will assign, sublet, subcontract or transfer any interest in this Agreement without the written consent of the other party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of the other party. 17. No waiver remedies not exclusive. No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 18. Severability. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement are for any Interlocal Agreement between City of Fort Worth and Tarrant County For Funds for Public Health Emergency Preparedness Page 3 of 7 reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 19. Each party controls its own resources. It is expressly understood that the employees, methods, facilities and equipment of the CITY shall at all times be under its exclusive jurisdiction, direction and control. It is understood that the employees, methods, facilities, and equipment of the COUNTY shall at all times be under its exclusive jurisdiction, direction and control. 20. Liability for Proportionate Responsibilitx. A. The parties agree that any liability or damages as stated above occurring during the performance of this Agreement and caused by the proportionate responsibility of the CITY, COUNTY, their agents, servants, officers and/or employees shall be determined in accordance with the proportionate responsibility laws of the State of Texas. B. Nothing in this Agreement waives any immunity, protection, right, limitation or cap on damages, as recognized in the Texas Tort Claims Act as to either of the parties, or as to any third party. 21. Force Majeure. It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 22. Multiple originals. The parties have executed four (4) originals of this Agreement, each of which shall be considered an original document. 23. Paragraph headings. The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Contract. 24. Complete agreement. This Agreement embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without written agreement of the parties. Interlocal Agreement between City of Fort Worth and Tarrant County For Funds for Public Health Emergency Preparedness Page 4 of 7 IN WITNESS WHEREOF, the date of this Agreement is the date that the last party signs it. Court Order No. ��itk ` � - • B. Glen Whitley County Judge Date: APPROVED AS TO FORM: District Attorneys Office* CITY OF FORT WORTH ATTEST: NO M&C REQUIRED ity Secretary APPROVED AS TO FORM AND LEGALITY Assistant City Attorney *By law, the District Attorneys Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve contracts or legal documents 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). EXHIBITS A AND B ARE ON THE FOLLWING PAGES. Interlocal Agreement between City of Fort Worth and Tarrant County For Funds for Public Health Emergency Preparedness Page 5 of 7 Exhibit A Cost Categories Approved Budget Includes 1 SNS Liaison Position 10 mths Personnel 39,087 Fringe Benefits 139680 1 SNS Liaison Position 10 mths Travel 0 Equipment 0 Supplies 600 Office supplies for SNS Liaison 10 mths Contractual 0 Other 21175 Maintenance for (1) PC, Printer, (1)Telephone, (1) Vehicle, (1) Blackberry mth service, printing TCPH approved educational materials, & postage 10 mths Total Direct Costs 55,542 Indirect Costs 51278 1 SNS Liaison Position 10 mths Total 60,820 Interlocal Agreement between City of Fort Worth and Tarrant County For Funds for Public Health Emergency Preparedness Page 6 of 7 Exhibit B SNS Liaison Deliverables Attend weekly preparedness planning meetings at TCPH beginning in November 2009. Inventory the POD kits and work with SNS Coordinator on placement by November 30, 2009. Update and maintain the Fort Worth SNS Plan and associated Standard Operating Guidelines (SOGs) to correspond with the Tarrant County plan and SOGs by December 31, 2009. Work with the SNS coordinator to assess the appropriateness of the existing POD sites to be operated in Fort Worth. Identify new sites as needed by January 31, 2010. Review agreements and update or secure new agreements for POD sites by January 31, 2010. Provide education for city personnel regarding the SNS plan beginning March 15, Zulu. Liaison with Fort Worth Police Department to provide security plans for TCPH led POD sites that are within the Fort Worth city limits by March 31, 2010. Provide assignments for Point of Dispensing (POD) lead personnel and other assigned personnel for each Fort Worth POD site to SNS Coordinator by April 30, Zulu. Plan, conduct and evaluate a full scale POD exercise atone of the POD locations in Fort Worth in coordination with the SNS coordinator by June 30, Zulu. Provide monthly report of activities to include progress on deliverables, provided by the 54h working day of the following month beginning November 2009 and continuing through July 2010. Assist with ongoing recruitment of volunteers for Tarrant County Medical Reserve Corps and assist with volunteer trainings per the TCPH Medical Reserve Corps Coordinator, as needed. Interlocal Agreement between City of Fort Worth and Tarrant County For Funds for Public Health Emergency Preparedness Page 7 of 7