HomeMy WebLinkAboutContract 44330 (2)THE STATE OF TEXAS §
COUNTY OF TARRANT §
AGREEMENT
t= � SECRETARY
CONTRACT With .
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 thist4$ayIcof
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PA , 2013, by and between CITY OF FORT WORTH, TEXAS 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:
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AGREEMENT BETWEEN CITY OF FORT WORTH. TEXAS and TARR NaGkitY) T�XAS f�FY 2013) - PAGE 1
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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, 2012 and ending September 30, 2013.
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 2013) - 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, 2013] 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 NA day of alPtvrin
2013.
AWTH RIZED AGENT
CITY OF FORT WORTH, T XAS
Ls,
B. GLEN WHITLEY
Tarrant County Judge
AUDITOR'S CERTIFICATION AS TO AVAILABILITY OF FUNDS
(in the amount of $30,000.00):
(1(2o,
S. RENEE TIOWELL, Tarrant County Auditor
APPROVED AS TO FORM*:
STEVE BARKS, Assis tint District Attorney
Tarrant County Crime naI District Attorney's Office
ATTORNEY FOR TARRANT COUNTY, TEXAS
*By law, the District Attorney's 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).
OFFICIAL RECORD!
CITY SECRETARY
FT, WORTH, TX
AGREEMENT BETWEEN CITY OF FORT WORTH. TEXAS and TARRANT COUNTY. TEXAS (FY 2013) - PAGE 3
TARRANT COUNTY AGREEMENT
ACTION PARTNERS PROG�M
COMMUNITY OOD CENTERSrTEIGSB��
AND LEGALITY:
4ppR.O
AS TO
Tyler W�a6�i
Assistant City AttQrney
ATTEST:
r Mary J. Kay5er
City Secretary
8&C C_25951
Dated: November
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OFFICIAL RECORD
CITY SECRETARY
IFT. WORTH, TX
4&C Review
Page 1 of
Official site of the City of Fart Worth, -Texa
4IFY COUNCIL
DATE:
CODE:
SUBJECT:
GENDA
COUNCIL ACTION: Approved on 11/6/2012 - Ordinance No. 20485.11-2012
11/6/2012 REFERENCE NO.: **C-25957 LOG NAME: 80TARRANT2013
-C TYPE: CONSENT PUBLIC f10
HEARING:
Authorize Acceptance of Funds and Execution ofAgreement with Tarrant County in the
Amount Up to $30 000.00 for Fiscal Year 2013 for the Operation of Two Community Action
Partners Centers Authorize Execution of Lease Agreement for One Center and Adopt
Appropriation Ordinance (NO COUNCIL DISTRICT)
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 2013 in the amount up to $30,000 00 for the operation of two Community Action Partners
Centers;
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 $10,534.68 per year and
*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 two CAP centers. 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 rn 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 Mayor and Council
Communication seeks authorization to enter a lease Agreement for the Far Northwest CAP Center
Expenses for the operation of the CAP Centers include:
1 Lease for the Far Southeast CAP Center in the amount of $1,853.38 per month or in the
amount of
$22,240.56 for the year, including utilities; and
2 Lease for the Far Northwest CAP Center in the amount of $877.89 per month or in the amount
of
• $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 amount of $30,000.00 will be funded by the Community Services
Block Grant.
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4&C Review . Page 2 of
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Services provided at the two centers include case management information and referral services,
client intake and assessment, emergency assistance, including the Comprehensive Energy
istance Program and other social services to low income households in southeast and northwest
rrant County.
FISCAL INFORMAT1ON/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropnation ordinance, funds will be available in the
current nperating budget, as appropriated, of the Grants Fund
TO Fund/Account/Centers
GR76 451345 080422606000 $30.000.00
GR76 5XXXXX 080422606010 $301000.00
FROM Fund/Account/Centers
Submitted for Citv Manager's Office bv: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
AdditionalinfonnatioaContact. Sonia Singleton (5774)
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ATTACHMENTS
80TARRANT2013 AO13.doc
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