HomeMy WebLinkAboutContract 39792THE STATE OF TEXAS §
COUNTY OF TARRANT §
C� R ICT �'AR`Y39191
AGREEMENT NO'
KNOW ALL MEN BY THESE PRESENTS
THIS AGREEMENT, is made and entered into this JLF day of
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20041 by and between the CITY OF FORT WORTH, TEXAS, a
home rule municipal corporation of the State of Texas, situated in Tarrant, Denton,
Parker and Wise Counties, acting herein by and through its duly authorized agent and
officer, hereinafter referred to as CITY, and the COUNTY OF TARRANT, STATE OF
TEXAS, acting by and through its County Judge, duly authorized so to act, hereinafter
referred to as COUNTY,
WITNESSETH:
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'S Community Action Partners Program's (CAPP) neighborhood centers;
WHEREAS, the CITY, through its CAPP neighborhood centers, provides this
guidance and assistance to all eligible individuals;
WHEREAS, the CITY, through its CAPP, desires funds to help pay monthly rent
for two CAPP neighborhood centers located in southeast and northwest Tarrant County;
OFFICIAL RECORD
CITY SECRETARY
NTH, TX
AGREEMENT BETWEEN CITY OF FORT WORTH. TEXAS and TARRANT COUNTY, TEXAS ("CAPP" FY2010) - PAGE 1
WHEREAS, both COUNTY and CITY are providing, pursuant to this Agreement,
a governmental function or service that each party to the contract is authorized to
perform individually, speccally, 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 benefit the residents of Tarrant County,
Texas, and hereby declares that this Agreement is for rental payments, which constitute
a purchase involving an interest in land; and
NOW, THEREFORE, COUNTY and the CITY hereby agree as follows:
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.
11.
COUNTY, for and in consideration of the services provided herein, agrees to pay
to the CITY a lump sum payment of THIRTY THOUSAND AND NO/100 ($30,000.00)
for rent and utilities, as described above, upon receipt of documentation that the CITY
AGREEMENT BETWEEN CITY OF FORT WORTH TEXAS and TARRANT COUNTY TEXAS ("CAPP" FY2010) -PAGE 2
has incurred such expenses during the period October 1, 2009 through September 30,
2010.
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.
IV.
The parties to this Agreement do not intend to create any third party beneficiaries
of the Agreement of the rights contained herein. No person who is not a party to this
Agreement may bring a cause of action pursuant to this Agreement as a third party
beneficiary. This Agreement may not be interpreted to waive the sovereign immunity of
any party to this Agreement to the extent such party may have immunity under the law
of the State of Texas.
V.
To the extent provided by law, the CITY agrees to provide COUNTY all records
relating to the programs performed through the CAPP 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.
AGREEMENT BETWEEN CITY OF FORT WORTH TEXAS and TARRANT COUNTY TEXAS ("CAPP" FY2010) -PAGE 3
VI.
The CITY must submit to TARRANT 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, 2010] by provng a program update on all outcomes accomplished and
client populations served.
Until receipt of this final report by TARRANT COUNTY, all subsequent funding
will be held in abeyance.
2010
WITNESS OUR HANDS this day of jNuNA , PAV
CITY OF FORT WORTH, TEXAS
By:Ap
O ER AND AUTHORIZED AGENT
ATTEST:
By:
LEGAL\COONS
RECEIVED:
By:
CITY SECRETA
TARRANT COUNTY, TEXAS
By:
B. GLEN WHITLEY, COUNTY J�dUGE
AGREEMENT BETWEEN CITY OF FORT WORTH, TEXAS and TARRANT COUNTY, TEXAS ("CAPP" FY2010) • PAGE'4',
CERTIFICATION AS TO AVAILABILITY OF FUNDS:
(in the amount of $30,000.00)
By:
RENEE TIDWELL, COUNTY AUDITOR
APPROVED AS TO FORM
By:
STEVE SP
tNEY
*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 a contract or legal document 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).
AGREEMENT BETWEEN CITY OF FORT WORTH. TEXAS and TARRANT COUNTY, TEXAS ("CAPP" FY2010) -PAGE 5
M&C Review
Page 1 of 2
Official site of the City of Fort ltih�rth, Tcxas
COUNCIL ACTION: Approved on 1/26/2010 -Ordinance No. 19008-01-2010
DATE: 1/26/2010 REFERENCE NO.: **C-24049 LOG NAME: 80TARRANT09
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize the Acceptance of Funds and Execution of Agreement with Tarrant County in an
Amount Up to $30,000.00 for Fiscal Year 2010 for the Operation of Two Community Action
Partners Centers, Authorize Execution of Lease Agreement for One Center and Adopt
Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept funds and execute an Agreement with Tarrant County for
Fiscal Year 2010 in an amount up to $30,000.00 for the operation of two Community Action Partners
Centers;
2. Authorize the City Manager to execute a Lease Agreement with Richard Hartman for the Far
Northwest Community Action Partners Center in an amount not to exceed $10,534.68 per year; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by up to $30,000.00, subject to receipt of the funds.
DISCUSSION:
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.
Tarrant County provides funding for the operation of two CAP centers. The Far Southeast CAP,
located at 1601 East Lamar Boulevard in Arlington and the Far Northwest CAP, located at 920
Roberts Cut Off in River Oaks, are located outside the City limits of Fort Worth. On October 13, 2009,
(M&C C-23841) the City Council approved the execution of a five year lease agreement with Andrew -
Dillingham, LTD, for the operation of the Far Southeast CAP Center. This M&C therefore seeks
authorization to enter a Lease Agreement for the Far Northwest CAP Center only. Expenses for the
operation of the CAP Centers include:
1. Lease for the Far Southeast CAP Center of $1,750.00 per month or $21,000.00 for the year,
including utilities; and
2. Lease for the Far Northwest CAP Center of $877.89 per month or $10,534.68 for the year, not
including utilities.
Expenses for rent, electricity, telephone services, natural gas, water and wastewater and minor
repairs at both centers over the $30,000.00 will be funded by the Community Services Block Grant.
Services provided at the two centers include case management, information and referral services,
http://apps. cfwnet. org/council�acicet/mc_review. asp?ID=12896&councildate=l /26/2010 2/8/2010
M&C Review
Page 2 of 2
client intake and assessment, emergency assistance, including the Comprehensive Energy
Assistance Program and other social services to low income households in southeast and northwest
Tarrant County.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget, as appropriated, of the Grants Fund.
TO Fund/Account/Centers
GR76 451345 080422441000
GR76 5
(VARIOUS 080422441010
$30,000.00
$30,000.00
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
DM 80TARRANT09 CAPS.doc
FROM Fund/Account/Centers
Charles W. Daniels (6183)
Richard Zavala (5704)
Sonia Singleton (5774)
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=12896&councildate=l/26/2010 2/8/2010