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HomeMy WebLinkAboutContract 45428 (2)THE STATE OF TEXAS § COUNTY OF TARRANT § AGREEMENT (MY SECR cozarwAtte *c _)117 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 day of a\--# , 2014, by and between CITY OF FORT WORTH, TEXAS ("CITY"), acting by and through its duly authorized agent, and TARRANT COUNTY, TEXAS ("COUNTY"), acting by and through its County Judge. CITY and the COUNTY agree as follows: RECEIVED OFFICIAL AECORD CITY sECRETAR I\ nwoRTH,Th AGRE QF FORT WORTH. TEXAS and TARRANT COUNTY. TEXAS (FY 2014) - GE1 ���,�� . � ���i � Zt)t4 �A RFCFIVED MAR 9 ?net 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, 2013 and ending September 30, 2014. 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, iniury 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. 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. 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. 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. AGREEMENT BETWEEN CITY OF FORT WORTH. TEXAS and TARRANT COUNTY. TEXAS (FY 2014) - PAGE 2 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, 2014] 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 WITNESS OUR SIGNATURES on this the / day of 2014. AUTHORIZED AGENT CITY OEFORT WORTH. TEXAS B. SoLEN HI Tarrant County Judge AUDITOR'S CERTIFICATION At§ TO AVAILABILITY OF FUNDS (in the arunt of $3OOOO.00):6L o zetz..., fir 441;7 . I S. RENEE TIDWELL Tarrant CountyvAuditor APPROVED AS TO FORM*: STEVE SPTARKS; Assist- t District Attorney Tarrant County Criminal District Attorney's Office ATTORNEY FOR TARRANT COUNTY, TEXAS *By law, the District Attorney's Office may only approve contracts for its clients. We reviewed this document from our client's legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent counsel. AGREEMENT BETWEEN CITY OF FORT WORTH. TEXAS and TARRANT COUNTY. TEXAS (FY 2014) - PAGE 3 2013-2014 TARRANT COUNTY AGREEMENT COMMUNITY ACTION PARTNERS PROGRA1yi APPROVED AS T iyier Wallach Assistant City Attorney FORM AND LEGALIT • ATTEST: te,-_Ic . Mary J. Kayser City Secretary M&C GB26592 Dated: December 10, 2013 • I °rf iCm '. RECORD ©hy*©RETARY! [Fri: o WO RT 1l n Li 7 M.Z&CReview Page 1 of 0.icia si e o e i o Fo %for exa COUNCIL ACTION- Approved on 12/10/2013 - Ordinance No. 2105342-2013 - 'r. - - 3_. -, -r v y DATE: 12/10/2013 REFERENCE NO.: **C-26592 CODE- C TYPE: CONSENT SUBJECT: LOG NAME: PUBLIC HEARING: Authorize Acceptance of Funds and Execution of an Agreement with Tarrant County in the Amount Up to $30 000.00 for Fiscal Year 2014 for the Operation of Two Community Action Partners Centers Authorize Execution of a Lease Agreement for One of the Centers and Adopt Appropriation Ordinance (NO COUNCIL DISTRICT) RECOMMENDATION: It is recommended that the City Council: 80TARRANT2014 NO 1. Authorize the acceptance of funds and execution of an Agreement with Tarrant County for Fiscal Year 2014 in the amount up to $30,000 00 for the operation of the Far Northwest Community Action Partners Center and the Far Southeast Community Action Partners Center; 2. Authorize the execution of a Lease Agreement with Mary Hartman for the Far Northwest Community Action Partners Center in the amount not to exceed $11 100.00 for a term of one year effective from October 1, 2013 to September 30, 2014; and 3 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount 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 the Far Southeast CAP Center located at 1601 East Lamar Boulevard in Arlington, and the Far Northwest CAP Center located at 920 Roberts Cut Off in River Oaks, both of which 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 Mayor and Council Communication seeks authorization to enter into a one year Lease Agreement with Mary Hartman for the Far Northwest CAP Center. Expenses for the operation of the CAP Centers for Fiscal Year 2014 include the following: 1. Lease for the Far Southeast CAP Center in the amount of $23,710.56 to be paid in monthly installments in the amount of $1 975.88, which includes utilities; and 2. Lease for the Far Northwest CAP Center in the amount of $11,100.00 to be paid in monthly installments in the amount of $925.00, which excludes utilities. Expenses for rent, electricity, telephone services, natural gas, water and wastewater and minor repairs at both centers over the amount of $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, ttp://apps.cfwnet.org/council racket/mc review.asn?ID=19200&councildate=12/10/2013 2/26/2014 M8CCReview Page 2 of 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 080422685000 $30,000.00 GR76 5XXXXX 080422685XXX $30,000.00 FROM Fund/Account/Centers Submitted for City Manager's Office bv: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Sonia Singleton (5774) ATTACHMENTS 80TARRANT2014 AO.docx ttn://apps.cfwnet.ora/council nacket/mc review.asn?TD=1 9200&cnnncildate=12/10/201 l 2/76 7014