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HomeMy WebLinkAboutContract 41445 CITY SECRETARY CONTRACT NO._�4 I AGREEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § THIS AGREEMENT, is made and entered into this 1-3-1 day of 2011, by and between the CITY OF FORT WORTH, TEXAS, a home rule municipal corporation of the State of Texas, situated in Tarrant, Denton, Parker and Wise Counties, acting herein by and through its duly authorized agent and officer, hereinafter referred to as CITY, and the COUNTY OF TARRANT, STATE OF TEXAS, acting by and through its County Judge, duly authorized so to act, hereinafter referred to as COUNTY, WITNESSETH: 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'S Community Action Partners Program's (CAPP) neighborhood centers; WHEREAS, the CITY, through its CAPP neighborhood centers, provides this guidance and assistance to all eligible individuals; WHEREAS, the CITY, through its CAPP, desires funds to help pay monthly rent for two CAPP neighborhood centers located in southeast and northwest Tarrant County; OFFICIAL RECORD t CITY195CMDA EEN CITY OF FORT WORTH TEXAS and TARRANT COUNTY TEXAS("CAPP"FY2011)-PAGE 1 L�. W- TX WHEREAS, both COUNTY and CITY 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 benefit the residents of Tarrant County, Texas, and hereby declares that this Agreement is for rental payments, which constitute a purchase involving an interest in land; and NOW, THEREFORE, COUNTY and the CITY hereby agree as follows: I. 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. II. COUNTY, for and in consideration of the services provided herein, agrees to pay to the CITY a lump sum payment of THIRTY THOUSAND AND NO/100 ($30,000.00) for rent ' 'es, as described above, upon receipt of documentation that the CITY OFFICIAL RECORD CITY SECRETARY �7 WORTH, TX �+ CITY OF FORT WORTH, TEXAS and TARRANT COUNTY TEXAS("CAPP"FY2011)-PAGE 2 has incurred such expenses during the period October 1, 2010 through September 30, 2011. III. 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. IV. The parties to this Agreement do not intend to create any third party beneficiaries of the Agreement of the rights contained herein. 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. V. To the extent provided by law, the CITY agrees to provide COUNTY all records relating to the programs performed through the CAPP 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. (O��FFIICIA RECORD AGREEMENT BETWEEN CITY OF FORT WORTH TEXAS and TARRANT COUNTY TEXAS("CAPP" F`rAI)TPAbIiRETARY T W0RTHY TX VI. The CITY must submit to TARRANT 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, 2011] by providing a program update on all outcomes accomplished and client populations served. Until receipt of this final report by TARRANT COUNTY, all subsequent funding will be held in abeyance. WITNESS OUR HANDS this /S� day of , 2011. CITY OF FORT WORTH, TEXAS Y• i OfFI ER AND AUTHORIZED AGENT ATT �'�°�'t(� S -04���1Z By: T a"0 Fopraaa LEG' L COU SEL �r,�,� on CcnJ(1Z1C1 ito�i��/thor� CatF (' �'-24 ��a %001 �o s3 '040 RECEIVED: d o B Y X aa�an�JICA�o -cr CITY SECRETAR TARRANT COUNTY, TEXAS By: B. GLEN WHITLEY, COUNTY JUDIbE ®FFI EEN CITY OF FORT WORTH TEXAS and TARRANT COUNTY TEXAS("CAPP"FY2011)-PAGE 4 CITY SECRETARY FT !NORTH, TX CERTIFICATION AS TO AVAILABILITY OF FUNDS: (in the amount of$30,000.00) By: RENEE TIDWELL, COUNTY AUDITOR APPROVED AS TO FORM* By: STEVE S , AS TAN (STRICT ATTORNEY "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("CAPP" FY2011)-PAGE 5 M&C Review Pagel of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoR�11 COUNCIL ACTION: Approved on 1211412010 -Ord. No. 19486-12-2010 DATE: 12/14/2010 REFERENCE NO.: **C-24658 LOG NAME: 80TARRANT2011 CODE: C TYPE: CONSENT PUBLIC NO NO SUBJECT: Authorize the Acceptance of Funds and Execution of Agreement with Tarrant County in an Amount Up to $30,000.00 for Fiscal Year 2011 for the Operation of Two Community Action Partners Centers, Authorize Execution of Lease Agreement for One Center and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to accept funds and execute an Agreement with Tarrant County for Fiscal Year 2011 in an amount up to $30,000.00 for the operation of two Community Action Partners Centers; 2. Authorize the City Manager to execute a Lease Agreement with Mary Hartman for the Far Northwest Community Action Partners Center in an amount not to exceed $10,534.68 per year; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by 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 in 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 M&C therefore seeks authorization to enter a Lease Agreement for the Far Northwest CAP Center only. Expenses for the operation of the CAP Centers include: 1. Lease for the Far Southeast CAP Center of$1,750.00 per month or$21,000.00 for the year, including utilities; and 2. Lease for the Far Northwest CAP Center of$877.89 per month or$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 $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, client intake and assessment, emergency assistance, including the Comprehensive Energy Assistance Program and other social services to low income households in southeast and northwest httn:HaDt)s.cfwnet.org/council nacket/mc review.asn?ID=14409&councildate=12/14/2010 1/12/2011 M&C Review Page 2 of 2 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 FROM Fund/Account/Centers GR76_451345 080422509000 $30,000.00 GR76 5VARIOUS 080422509010 $W,000.00 Submitted for City Manager's Office_by; Susan Alanis (8180) Originating Department _Head; Richard Zavala (5704) Additional Information.Contact: Sonia Singleton (5774) _ATTACHMENTS 80TARRANT2011_AOG.doc httn_//anns_cfwnet_org/council nacket/me review_asn?in=14409&cnuncildate=12/14/2010 1/12/2011