HomeMy WebLinkAboutContract 41494STATE O F TEXAS
COUNTY OF TARRANT
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INTER LO CA L AG RE E ME NT BETWEEN
CITY OF FORT WORTH AND TARRANT CO UN TY
FOR FUNDS FOR PUBLIC HEAL TH EMERGENCY
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. lnterlocal Cooperation Act. This Agreement is made pursuant to the Texas lnterlocal
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 t he benefit of the public, t he
performance of this Agreement is in the co m mon 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, 2010 through July 31,
2011, 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 Strat egic Na t ional 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 th is 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 th irty (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 requiremen ts , program
objectives , or ot her requirements relating to the City's performance of work and
services u nder t h is Agreement. The Cou nty may not withhold payment to the City
unless the Coun t y has g iven the City written notice describing the alleged deficien cy
bre ach in reasonable detail , stat ing what the County believes w ill remedy th e
alleg e d defi c ie ncy, and providing the City at least fourteen (1 4 ) calendar da ys after
· such written notice t o complete or to disp ute t he all eged
it y of Fort W o rth a n d Tarrant Co u nty
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7. Maximum payment and financial management system.
A. However, in no event will the COUNTY pay more than $72,7 53.00 durin g the term
of this Agreement. Each party paying for the performance of gov e rn menta l
functions or services must make those payments from current revenues le gall y
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 sou rce
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 accoun ts
established for the purpose of accumulating and categorizing expenses rel ated 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 Se · · · · le for
reimbursement. Monthly billings will be submitted to: OFFICIAL RECORD
Tarrant County Public Health
1101 S. Main Street, Suite 2400
Fort Worth, Texas 76104
CITY SECRETARY
FT. WORTH, TX
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 part y.
Additionally, the CITY shall inform the COUNTY in writing if it shall not con t inu e
performance under this Agreement within thirty (30) days of rece ip t of an ame nded
standard(s) or guideline(s) to the activities listed in Exhibit B.
lnterlocal Agreement between City of Fort Worth and Tarrant County
For Funds for Public Health Emeraencv Pre oa redness · Paae . o i 6
9. Notice . All notices to be given pu rsu ant to this Amendm ent s hal l be de liv ered by h nd
delivery or certifi ed m ail, ret urn receipt re queste d , to :
County :
G. K. Maenius, County Administrator
100 E. Weatherford
Fort Worth TX 76196
Ci ty:
Charles W. Daniels,_Ass istant City Mana ger
1000 Throckmorton St.
Fort Worth TX 76102
10. County monitors activities. The COUNTY will monitor the achievement of the activi t ies
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. Assignment. 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
permit_ted; but each shall be cumulative of every other right or remedy given
hereunder. No covenant or condit ion of this Ag reement may be waived without written
consent of the parties. Forbearance or indulgence by either party shall not constitute a
w ai v e r o f any cove nant or co ndi t ion to be p erfo rme d pursu ant to t his Agreement.
18. Severability. If any of the terms, sections , s ub sections , sentences, c lauses, ph rase s,
provisions , covenants, conditions or any ot her part of t 11 s AgreemenL a n :; fo r any
OFFICIAL RECORD
lnt erl ocal Agreem en t betw een City of Fort W o rt h and Tarrant Co unty
For Funds for Public Health Emeraencv Preoaredness
CITY SECRETARY
FT. WORTH, TX P, ae 3 o f 6
re ason held to be invalid , void o r unenforceable , the remainde r of the terms, secti o . s,
subsect ions, sen t en ces, c lauses, phrases, pro vis ions, cove nants, cond itions or an y
oth er part of t his A greem en t s ha ll rema in in fu ll force and effect and sha ll in no way be
affec te d, imp a ired or invali dated .
19. Each party controls its own resources. It is exp ressly understood that the employe es,
methods , facilities and equ ipment of the CITY shall at all times be under its exclus iv e
jurisdiction, direction and control. It is understood that the employees, metho ds,
facilities, and equipment of the COUNTY shall at all times be under its exclus ive
jurisdiction, direction and control.
20. Liability for Proportionate Responsibility.
A. The parties agree that any liability or damages as stated above occurring duri ng
th e performance of this Agreement and caused by the proportionate responsibili t y
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; government al 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 . Co m plete agreement. This Agreemen t embodies the complete agreement of t he
pa rt ies hereto supersed in g a ll oral o r w ritten previous and conte m porary a greements
b etween t he pa rti es re lati ng t o matters herei n ; and except as othe rwi se p rovi ded
he rein , cannot be modified without written agreement of the part ies. ,......:....------,
l n te r local Agreem ent between City of Fort Worth a n d Tarrant County
For Funds for Public Health Emeraencv Preoare dness
OFFICIAL RECORD
CTY
FT, WORTH, TX P a e 4 of 6
IN WITNESS WHEREOF , the date of this Agreement is t he date that the last party signs it.
Court Order No. 1 CC\ '2:>"3Co
COUNTY OF TARRANT
STATE OF TEXAS
B. Glen Whitley
County Judge
Date:_: cJ-/5-1/
CITY OF FORT WORTH
Date: () !1 JI, II
ATTEST:
APPROVED AS TO FORM AND LEGALITY
*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 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 BARE ON THE FOLLWING PAGES .
Certification of Funds Available
for the Amount of$ ?f::J, :153 ·"~
lnt erlocal Agreement between City of Fort Worth and Tarrant County
For Funds for Public Health Emeraencv Preoaredness
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Paa e 5 o 6
Exhib it A
October 1, 2010 -July 31 , 2011
cost Categories Approved
Personnel 51,020
Fringe Benefits 13,680
Travel -
Equipment -
Supplies* 600
Contractual -
Other* 2,175
Total Direct Costs 67,475
Indirect Costs 5,278
Total 72,753
Includes
1) SNS Liaison Position
1) SNS Liaison Position
Office supplies for SNS Liaison
Maintenance for (1) PC, Printer, (l)Telephone, (1)
Vehicle, (1) Blackberry mth service, printing TCPH
approved educational materials, & postage
1) SNS Liaison Position
* Funding in Supplies or Other category cannot be used for eductaion,training, audiovisual or
software purchases.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit B
SNS Liais o n Deliverab les
Attend monthly prep a redness p lanning meetings at TCPH beginning in November 20 10 .
Assist TCPH with identifying new POD sites and securing agreements with host venues by
June 30, 2011.
Serve as liaison TCPH and Fort Worth £QC with plans for Fort Worth Corporate POD.
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, 2011.
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, 2011.
Plan, conduct and evaluate a full scale POD exercise at one of the POD locations in Fort
Worth in coordination with the S_NS coordinator by June 30 , 2011.
Provide· monthly report of activities to include progress on deliverables, provided by the 5th
working day of the following month beginning November 201 Oand continuing through July
2011.
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.
lnterlocal Agreement between City of Fort Worth and Tarrant County
For Funds for Public Health Emeraencv Preoaredness
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Paae 6 of 6
Page 1 of 2
City of Fort Worth , Texas
Ma yor and Council Co m m un ic at ion
COUNCIL ACTION: Approved on 12/14/2010 -Ord. No. 19483-12-2010
DATE: Tuesday, December 14, 2010 REFERENCE NO.: **C-24651
LOG NAME: 36FY11TCB10CONTRACT
SUBJECT:
Execute an lnterlocal Agreement with Tarrant County to Provide Up to $72,753.00 for One Strategic
National Stockpile Liaison Position for Fiscal Year 2011 and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to enter into an lnterlocal Agreement with Tarrant County for Tarrant
County to pay the City a maximum of $72 ,753.00 for one Strategic National Stockpile Liaison Position with
the City's Emergency Management Office; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of $72,753.00, from the available funds.
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DISCUSSION:
Beginning 2002, the City of Fort Worth received funding from the Centers for Disease Control and
Prevention (CDC) through the Texas Department of State Health Services (DSHS) to enhance the
capability of the local community to prepare for and respond to acts of terrorism (including bioterrorism),
infectious disease outbreaks and other public health threats and emergencies. With the reorganization of
public health services in the City, most of the grant-funded activities have been taken over by Tarrant
County (County).
To support the City's efforts to cont inue to prepare for public health emergencies, the City Council
authorized the City Manager to execute an lnterlocal Agreement with Tarrant County for the County to
provide for certain deliverables (tasks) related to public health preparedness, including a capability to set
up Points of Dispensing (POD) and emergency centers to effectively respond to intentional, accidental or
natural (emerging) public health emergencies . (M&C C-23329 on February 3 , 2009 and M&C 23873 on
October 27, 2009)
This Agreement provides funding for an additional ten months of planning and preparedness support.
FISCAL INFORMATION/ CERTIFICATION:
T he Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinace , funds will be available in t he current operat ing
budget, as appropriated, of the Gra nts Fund.
--------------------------------· ---
FUND C ENTE RS:
TO Fund /Account/Cen ters
2) GR76 451345 036422508000
2) GR76 (VARIOUS) 036422508)()()(
$72,753 .00
$72,753.00
FROM Fund/Accou nt /Centers
' .
CE RTIFICATI ONS:
Submi tte d for City Man a ger's Office by:
Origin at ing Department Head:
Additional Information Contact:
ATTACHMENTS
1. 36FY11TCB 10CONTRACT AOG .doc (Publ ic)
Cha rle s W . Dan iels (6199)
Ru dy Jackson (68 05 )
Jua n Ortiz (61 73 )
Eric Carter (2877)
2. CFWpreparednesslLAfinal10-01-10.doc (CFW Internal)
INTEROFFICE MEMO
TO: Peggy A. Lawrence, Emergency Management Office
FROM: Allison Tidwell, City Secretary's Office
DATE: January 14, 2011
SUBJECT: INTERLOCAL AGREEMENT TO PROVIDE UP TO $72,753.00 FOR ONE
STRATEGIC NATIONAL STOCKPILE LIAISON POSITION FOR FISCAL
YEAR2011
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