HomeMy WebLinkAboutContract 61166CSC No. 61166
THE STATE OF TEXAS §
COUNTY OF TARRANT §
AGREEMENT
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 center;
WHEREAS, the CITY OF FORT WORTH, TEXAS, through its CAPP
neighborhood center, 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 one CAPP neighborhood center located in southeast
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 �-D day of
I-�C ( elm, 2024, 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.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
AGREEMENT BETWEEN TARRANT COUNTY. TEXAS
and CITY OF FORT WORTH. TEXAS [FY 20241 Page 1 of 4
CITY and the COUNTY agree as follows:
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, staff cost and general upkeep, as
needed, for one CAPP center located in southeast 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, 2023 and ending September 30, 2024.
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, INJURY 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. This Agreement shall not be interpreted to inure to the benefit of a third party not
a party to this Agreement. This Agreement may not be interpreted to waive any statutory
or common law defense, immunity, including governmental and sovereign immunity, or
any limitation of liability, responsibility, or damage of any party to this Agreement, parry's
agent, or party's employee, otherwise provided by law.
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.
AGREEMENT BETWEEN TARRANT COUNTY, TEXAS
and CITY OF FORT WORTH. TEXAS IFY 2024) Page 2 of 4
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.
10. In providing the services required by this Agreement, CITY must observe and
comply with all applicable federal, state, and local statutes. ordinances, rules, and
regulations, including, without limitation, workers' compensation laws, minimum and
maximum salary and wage statutes and regulations, and non-discrimination laws and
regulations. CITY shall be responsible for ensuring its compliance with any laws and
regulations applicable to its business, including maintaining any necessary licenses and
permits.
11. 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.
12. 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, 2024]
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.
13. CITY acknowledges that it is a "governmental entity" and not a "business entity" as
those terms are defined in Tex. Gov't Code § 2252.908, and therefore, no Form 1295
disclosure of interested parties pursuant to Tex. Gov't Code Section 2252.908 is
required.
SIGNED AND EXECUTED this
AGREEMENT BETWEEN TARRANT COUNTY, TEXAS
and CITY of FORT WORTH, TEXAS (FY 20241
day of i
AUTHORIZED AGENT
CITY OF FORT WORTH, TEXAS
, 2024.
Page 3 of 4
COUNTY OF TARRANT
STATE OF TEXAS
r
Tim O'Hare
County Judge
Tarrant County Commissioners Court
CERTIFICATION OF
APPROVED AS TO FORM: AVAILABLE FUNDS: $30,000.00
/e
Criminal District Attorney's Office" Tarrant CcWAnty Auditor
"By law, the Criminal District Attorney's Office may only approve contracts for its clients. We
reviewed this document as to form 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 TARRANT COUNTY. TEXAS
and CITY OF FORT WORTH. TEXAS IFY 2024) Page 4 of 4
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
2023-24 TARRANT COUNTY CAP PROGRAM
CSC 4
APPROVED AS TO FORM AND LEGALITY:
Jessika Williams
Assistant City Attorney
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a a°° fopT�aadp ATTEST: o
OVS °So
Jannette Goodall
City Secretary
M&C: C 24-0022
Dated:.lanuary 23,2024
Contract Compliance Manager:
By signing below. I acknowledge that I am the person responsible for the monitoring and
administration of this contract. including ensuring all performance and reporting requirements.
Victor Tumer,Director
Neighborhood Services
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
M&C Review
Page 1 of 2
A
CITY COUNCIL AGEND
Create New From This M&C
DATE: 1/23/2024 REFERENCE NO.: **M&C 24-0022 LOG NAME:
CODE: C TYPE: CONSENT PUBLIC
HEARING:
Official site of the City of Fort Worth, Texas
FoRT WORTH
19NS 2023
TCCAP FUNDS
ice
SUBJECT: (ALL) Authorize Acceptance of Funds if Awarded and Execution of Agreement with
Tarrant County in the Amount of $30,000.00 for Fiscal Year 2024 for the Operation of the
Southeast Community Action Partners Center in Arlington, Authorize Acceptance of
Estimated Interest Earnings for the Advance Funds in the Amount of $500.00 and
Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of funds, if awarded, and execution of an agreement with Tarrant
County for Fiscal Year 2024 in the amount of $30,000.00 for the operation of the Southeast
Community Action Partners Center;
2. Authorize the acceptance of estimated interest earnings for the advanced funds in the
amount of $500.00; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Operating Other Fund, subject to receipt of the grant and execution of the
grant agreement, in the amount of $30,500.00 for the purpose of funding the operation of
the Southeast Community Action Partners Center.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the acceptance
of funds, if awarded and execution of an agreement with Tarrant County in the amount of $30,000.00
to assist in the operation of the Southeast Community Action Partners Center (Southeast CAPC)
located at 401 W. Sanford Street, Suite 2700 in Arlington.
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, including
case management, information and referral services, client intake and assessment, emergency
assistance and other social services.
These awarded funds will be used for the lease of $1,932.63 per month or $ 23,191.56 for the year,
which includes utilities. The remaining funds will be used for outreach activities in the northwest area
of Tarrant County.
Annually, Tarrant County provides funding for the operation of the Center. Since 2009, Tarrant
County has awarded $30,000.00 annually to the City of Fort Worth and Staff anticipates the same
amount or more for the next several years. Earned interest is estimated to be $500.00 for the
2024 award.
The Neighborhood Services Department shall be responsible for identifying funding sources to cover
expenses incurred in the event the grant funds are not awarded.
This program serves ALL COUNCIL DISTRICTS.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=31730&councildate=1/23/2024 1/25/2024
M&C Review
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance 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, in the Grants Operating Other Fund. The Neighborhood Services Department (and
Financial Management Services) will be responsible for the collection and deposit of funds due to the
City. Prior to expenditures being incurred, Neighborhood Services Department has the responsibility
to validate the availability of funds. This is an advance grant.
TO
Fund Department Account Project I Program I Activity Budget Reference # Amount
ID I ID Year (Chartfield 2)
FROM
Fund Department Account I Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for Citv Manager's Office by
Oriainatina Department Head:
Additional Information Contact:
Fernando Costa (6122)
Victor Turner (8187)
Sonia Singleton (5774)
Benedict George (7339)
ATTACHMENTS
ORD.APP 19NS 2023 TCCAP FUNDS 21003 A024(r3).docx (Public)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=31730&councildate=1/23/2024 1/25/2024