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HomeMy WebLinkAboutContract 43690-CA1CITY SECRETARY LI 0 0 ca CONTRACT NO. I ea mDa Ma ASSIGNMENT OF CITY SECRETARY CONTRACT NO. 43690 This Assignment of Contract is made and entered into by and between Mental Health America of Greater Tarrant County, Inc. ("Assignor") and MHMR of Tarrant County ("Assignee") and the City of Fort Worth ("City"). (Sometimes Assignor, Assignee and City are referred to individually as a "Party" and collectively as the "Parties".) RECITALS A. Whereas Assignor and City entered into City Secretary Contract No. 43 690 (the "Contract") dated October 1, 2012 in which City agreed, pursuant to the terms of the Contract, to furnish Assignor with Community Development Block ("CDBG") Funds totaling SEVENTY FIVE THOUSAND AND 85/100 DOLLARS ($75,000.85) on a reimbursement of expenses basis. The Contract was approved by the City Council in M&C C-25767 on August 7, 2012. B. Whereas the City Manager or his or her designee is permitted to amend the Contract if necessary in order to achieve Program goals provided the amendment is within the scope of the Program and in compliance with applicable laws and regulations. City ordinances, policies and regulations permit assignment of contracts without further City Council approval unless the contract or M&C in question specifically requires City Council approval. City and Assignor have determined that the Contract shall be assigned to Assignee in order to comply with the requirements of the CDBG Program and to achieve the Program goals and that such assignment is in compliance with applicable laws and regulations, including applicable City ordinances, policies and procedures, and CDBG Regulations. C. Whereas Assignor wishes to assign all of its rights and interests and delegate its duties and obligations as such rights, interests, duties and obligations pertain to the Contract and Assignee desires to accept such assignment of rights and interests and assume such delegation of duties and obligations notwithstanding the revisions to Exhibit "A" - Project Summary and Exhibit "B" - Budget. D. Whereas Assignee wishes to revise Exhibits "A" - Project Summary and Exhibit "B" - Budget to amend the number of unduplicated client served since it will only serve clients in unlicensed facilities and to accurately reflect the amount of funds available to provide this service. E. Section 14.16 of the Contract permits its assignment with City's written approval. City finds that approving this Assignment will further the National Objective. ASSIGNMENT OF CSC NO. 43690 (CDBG 2012-2013) MENTAL HEALTH AMERICA OF GREATER TARRANT COUNTY, INC. TO MHMR OF TARRANT COUNTY. ©EITY SEC ET = Y � UD '�OlicaNi9 ; Page 1 RECEIVED DEC 1 7 2013 AGREEMENT NOW THFREFORE, in consideration of the mutual terms and conditions herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Assignment. Assignor hereby ASSIGNS, TRANSFERS AND CONVEYS all rights and interests and delegates its duties and obligations under the Contract to Assignee. 2. Acceptance. Assignee hereby accepts the Assignment granted herein, and assumes all of Assignor's rights, duties and obligations arising under the Contract. 3 Authority. Assignor has full right, power and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignor's obligations hereunder. Assignee has the full right, power and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignee's obligations hereunder. 4. Effective Date. The effective date of this Assignment shall be the date of its execution ("Effective Date"). All lights duties and obligations under the Contiact arising, accruing or relating to the period before the Effective Date are allocated to Assignor and all rights, duties and obligations arising, accruing or relating to the period thereafter shall be allocated to Assignee. 5 Release and Surrender of Assignor. Except as otherwise expressly set forth in this Assignment, Assignor will be discharged from any and all further obligations under the Contract as of the Effective Date. 6. Representations. Assignoi represents, warrants and covenants with Assignee that as of the Effective Date, that Assignor is not in default under any of its obligations contained in the Contract. 7. City's Consent. City hereby consents to this Assignment upon the terms and conditions set forth herein Unless and until City has executed this Assignment, this Assignment is of no effect. The consent gi anted herein should not be construed as consent to any further assignment. The failure or delay of City in seeking to enforce any provisions of the Contiact or this Assignment should not be deemed a waiver of rights or remedies that City may have or a waiver of any subsequent breach of the terms and provisions therein or herein contained. 8. Notices. Any notice given by any Party to another Party hereto must be given in the manner required under the Conti act. The addiesses set forth below supercede any addresses for notices set forth in the Contract. ASSIGNMENT OF CSC NO. 43690 (CDBG 2012-2013) MENTAL HEALTH AMERICA OF GREATER TARRANT COUNTY, INC. TO MHMR OF TARRANT COUNTY. Page 2 CITY OF FORT WORTH: City of Fort Worth C/O Housing and 1- conomic Development Department 1000 Throckmorton Fort Worth, Texas 76102 ASSIGNOR Mental Health America of Greater Tarrant County, Inc. 3136 West 4th Street Fort Worth, TX 76107 Attention: Bienda Rios, Director of Development ASSIGNEE• MHMR of Tarrant County 6040 Camp Bowie Blvd., /131 Fort Worth, TX 76116 Attention: Walter Taylor, Director of Housing Services and Special Projects 9. Successors Except as herein otherwise provided, this Assignment will be binding upon and inure to the benefit of the Parties, and their respective heirs, executors, administrators, successors and assigns. 10. Counterparts. This Assignment may be executed in multiple counterparts, each of which, once executed, will be an original and fully -binding on the Parties so executing; and all such counterparts together constitute one and the same agreement. 11. Binding Offer This Assignment will be not be binding until executed and delivered by all three Parties. 11. Exhibit "A"- Project Summary to the Contract is hereby deleted and replaced with the attached Exhibit "A"- Project Summary Revised 10/2013 12. Exhibit `B"- Budget to the Contract is hereby deleted and replaced with the attached Exhibit "B"- Budget Revised 10/2013 [SIGNATURES APPEAR ON NEXT PAGE] ASSIGNMENT OF CSC NO. 43690 (CDBG 2012-2013) MENTAL HEALTH AMERICA OF GREATER TARRANT COUNTY, INC. TO MHMR OF TARRANT COUNTY. Page 3 IN WITNESS WHEREOF, the Parties have executed this Assignment in multiple originals on )2%-fib.// , 2013 (the "Effective Date"). ASSIGNOR: MENTAL HEALTH AMERICA OF GREATER TARRANT COUNTY, INC. By: Alo, Wayne oun Board President ASSIGNEE: MHMR OF TARRANT COUNTY By: Susan Garnet Chief Executivefficer ATTEST: APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney CITY OF FORT WORTH By: Fernando Costa Assistant City Manager ASSIGNMENT OF CSC NO. 43690 (CDBG 2012-2013) MENTAL HEALTH AMERICA OF GREATER TARRANT COUNTY, INC. TO MHMR OF TARRANT COUNTY. OFFfl©fl4P:i i rolRD CITIT lt ) "/11 [4 ff )r\g y `�n/ ,�c ti ,'i1Ji-�l� col �J o ulf )��\ Page 4 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on /).71" 2013 by Fernando Costa, the Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. # Irs %%, OF. EVONIA DANIELS Notary Public, Sioie {fit Texas My Commission Expires July 10, 2017 c (innot--eme) 'Notary Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § This instrumentbefore2LT was acknowledged one onr 2013 by Wayne Young, LPC, Board President of Mental Health America of Greater Tarrant County, Inc., a Texas non-profit corporation, on behalf of said corporation. IP It SHEILA KINGSLEY NOTARY PUBl.1 S STATE OF TE MM, EXP.121115 q�FOF�+ ( otary Public, State STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on .73, 2013 by Susan Garnett, Chief Executive Officer of MHMR of Tarrant County, Inc., a Texas non-profit corporation, on behalf of said corporation. u r ic, State of Texas LUPE 0 SHANKLIN My Commission Expires September 19, 2017 ASSIGNMENT OF CSC NO. 43690 (CDBG 2012-2013) MENTAL HEALTH AMERICA OF GREATER TARRANT COUNTY, INC. TO MHMR OF TARRANT COUNTY. Page 5 ADM I$TRATIVE Salaries FICA Life Insurance Health I nsurance Disability Insurance Unemployment -State Accounting TOTAL ADMINISTRATIVE EXPENSES % Administrative Cost - 11.24% Indirect Rate PROURAM=PERSONNEL_ Salaries FICA Life Insurance Health Insurance Unemployment Worker's Compensation Retirement _SU_PP-LFERANDSERVICES := Office Supplies Office Equipment Rental Postage Print ng CELLANEBUS_-== Construction/Building Materials (only REACH) Contract Labor (City needs copy of contract before expenses can be reimbursed) Craft Supplies Field Trip Admission Expenses Other Field Trip Expenses (if preapproved by City) Food Supplies Teaching Aids ACI TI'M-ANDIFI`ILYTIES -:---- __ Telephone Electric Gas Water and Wastewater Solid Waste Disposal Rent (City needs copy of lease before expenses can be reimbursed) Custodial Services Repairs Cleaning Supplies teal; FINAMAL ANWINSUPAivel Tir Fidelity Bond or Equivalent Directors and Officers General Commercial Liability Contract Accounting I➢I , REGTASSIST:_ Childcare Scholarships Short-term Rent Assistance Short-term Mortgage Assistance Short-term Utilities Assistance Tenant Based Rental Assistance TOTAL EXHIBIT B — BUDGET Revised 10/2013 _Account - Gram Bndgef A =_ FUNDING A: FUNDING B: FUNDING C: 1001 1002 1003 1004 1005 1006 1007 2001 2002 2003 2004 2005 2006 2007 3001 3002 3003 3004 4001 4002 4003 4004 4005 4006 4007 5001 5002 5003 5004 5005 5006 5007 5008 5009 6001 6002 6003 6005 7001 7002 7003 7004 7005 6,007.97 9,640.80 737.53 9.68 782.32 482.04 39.92 289.23 250 18,239.49 Exhibit B - MHMR of Tarrant County The following tables are purely informational and were created solely for purposes of preparing, negotiating and determining the reasonableness of the overall line item budget on the first page of this EXHIBIT B — BUDGET and are not to be considered part of the terms and conditions of this Contract. Contractor may make changes to any column except the "Position' column in the ' Salary Detail' table without the City's consent so long as the total amounts charged to the grant do not exceed the line items on the first page of the EXHIBIT B — BUDGET." Changes to the column labeled "Position" may only be made with the prior written consent of the City. Position Name Edith Olmos FICA Life Insurance Health Insurance Unemployment Workers Compensation Retirement Office Supplies Office Equipment Rental Postage Printing Contract Labor Craft Supplies Facility Fees Field Trip Costs Food Supplies Teaching Aids Telephone Electric Gas Water and Wastewater Solid Waste Disposal Rent Custodial Services Repairs Cleaning Supplies Rate 15.45/Hr Percent of Payroll 7.65% .10% 8.11% 5% .41% 3% SALARY DETAIL Annual Hours 624 FRINGE DETAIL Amount 2,458 4 32.14 2,606.23 1,606.8 131.76 964.08 SUPPLIES AND SERVICES Total Budget Percent to Grant 30% Percent to Grant 30% 30% 30% 30% 30% 30% Percent to Grant MISCELLANEOUS Total Budget FACILITY AND UTILITIFS Total Budget Percent to Grant Percent to Grant Exhibit B - MHMR of Tarrant County Amount to Grant 9640.80 Amount to Grant 73753 9.68 782.32 482.04 39.92 289.23 Amount to Grant Amount to Grant Amount to Grant FINANCIAL AND INSURANCE Total Budget Percent to Grant Fidelity Bond (or Equivalent) General Commercial Liability Directors and Officers Contract Accounting Childcare Scholarships Short -Term Rent Assistance Short Term Mortgage Assistance Short Term Utilities Assistance Tenant Based Rental Assistance DIRECT ASSISTANCE Total Budget Percent to Grant Exhibit B - MHMR of Tarrant County Amount to Grant Amount to Grant