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HomeMy WebLinkAboutContract 41494 { CITY SECRETARY �� , CONTRACT NO. 14 q_ STATE OF TEXAS § INTERLOCAL AGREEMENT BETWEEN § CITY OF FORT WORTH AND TARRANT COUNTY § FOR FUNDS FOR PUBLIC HEALTH EMERGENCY COUNTY OF TARRANT § 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. Interlocal Cooperation Act. This Agreement is made pursuant to the Texas Interlocal 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 the benefit of the public, the performance of this Agreement is in the common 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 Strategic National 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 this 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 thirty (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 requirements, program objectives, or other requirements relating to the City's performance of work and services under this Agreement. The County may not withhold payment to the City unless the County has given the City written notice describing the alleged deficiency breach in reasonable detail, stating what the County believes will remedy the alleged deficiency, and providing the City at least fourteen (14) calendar days after Ine C1 such written notice to complete or to dispute the alleged REW1411 C.RECORD Interlocal gAXPKWTA C ity of Fort Worth and Tarrant County For Funds raencv Preparedness Paae 1 of 6 7. Maximum payment and financial management system. A. However, in no event will the COUNTY pay more than $72,753.00 during the term of this Agreement. Each party paying for the performance of governmental functions or services must make those payments from current revenues legally 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 source 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 accounts established for the purpose of accumulating and categorizing expenses related 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 CITY SECRETARY 1101 S. Main Street, Suite 2400 FT. WORTH, TX Fort Worth, Texas 76104 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 party. Additionally, the CITY shall inform the COUNTY in writing if it shall net continue: performance under this Agreement within thirty (30) d--ys of reoeirpt of an C-amenC-1 standard(s) or guideline(s) to the activities listed in Exhibit B. Interlocal Agreement between City of Fort Worth and Tarrant County For Funds for Public Health Emeraencv Preparedness C'ac. 9. Notice. All notices to be given pursuant to this Amendment shall be delivered by hC-.Y-.; delivery or certified mail, return receipt requested, to: County: Cam: G. K. Maenius, County Administrator Charles W. Daniels, Assistant City Manager 100 E. Weatherford 1000 Throckmorton St. Fort Worth TX 76196 Fort Worth TX 76102 10. County monitors activities. The COUNTY will monitor the achievement of the activities 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 permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 18. Severabilitv. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of t -is Agreement ar for any OFFICIAL RECORD CITY SECRETARY Interlocal Agreement between City of Fort Worth and Tarrant County FT. WORTH, TX For Funds for Public Health Emeraencv Preparedness P ae 3 of 6 reason held to be invalid, void or unenforceable, the remainder of the terms, sectic.. subsections, sentences, clauses, phrases, provisions, covenants, conditions or r:�y other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 19. Each party controls its own resources. It is expressly understood that the employees, methods, facilities and equipment of the CITY shall at all times be under its exclusive jurisdiction, direction and control. It is understood that the employees, methods, facilities, and equipment of the COUNTY shall at all times be under its exclusive jurisdiction, direction and control. 20. Liability for Proportionate Responsibility. A. The parties agree that any liability or damages as stated above occurring during the performance of this Agreement and caused by the proportionate responsibility 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; governmental 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. Complete agreement. This Agreement embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without written agreement of the parties. OFFICIAL RECORD CITl�3`IECRFTARY -_-- _ Interlocal Agreement between City of Fort Worth and Tarrant County FT, WORTH, TX For Funds for Public Health Emeraencv Preoaredness P e 4 :; IN WITNESS WHEREOF, the date of this Agreement is the date that the last party signs it. Court Order No. 1Oct M & C No.: 1 '--qi A ►� COUNTY OF TARRANT CITY OF FORT WORTH STATE OF TEXAS B. Glen Whitley ha les W. Daniels County Judge Assis ant City Manager �po0000000I'�-'� ofpli•0 0, /. Date: ��/ !/ Date: 40 0 Cg�� 0 0 ATTEST: °°° 00°*ap C000Op00 p' �a QuaS4��a City Secrets APPROVED AS TO ORM: APPROVED AS TO FORM AND LEGALITY (�W114AA1 4- District A torn 's Office* Assistant City Attorn y *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 B ARE ON THE FOLLWING PAGES. certification of �r the amount o� I: T LL,CPA ;1TJDITOR OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Interlocal Agreement between City of Fort Worth and Tarrant County For Funds for Public Health Emeraencv Preparedness Paae C -`S Exhibit A October 1,2010-July 31,2011 Cost Categories Approved Includes Personnel 51,020 1) SNS Liaison Position Fringe Benefits 13,680 1)SNS Liaison Position Travel - Equipment - Supplies* 600 Office supplies for SNS Liaison Contractual - Maintenance for(1) PC,Printer,(1)Telephone, (1) Vehicle, (1) Blackberry mth service,printing TCPH Other* 2,175 approved educational materials, &postage Total Direct Costs 67,475 Indirect Costs 5,278 1)SNS Liaison Position Total 72,753 * 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 Liaison Deliverables Attend monthly preparedness planning meetings at TCPH beginning in November 2010. Assist TCPH with identifying new POD sites and securing agreements with host venues by June 30, 2011. Serve as liaison TCPH and Fort Worth.EOC 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 SNS 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 2010and 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Interlocal Agreement between City of Fort Worth and Tarrant County For Funds for Public Health Emeraencv Preparedness Pape 6 of G Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/14/2010 - Ord. No. 19483-12-2010 DATE: Tuesday, December 14, 2010 REFERENCE NO.: **C-24651 LOG NAME: 36FY1 1 TCBIOCONTRACT SUBJECT: Execute an Interlocal 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 Interlocal 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. 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 continue to prepare for public health emergencies, the City Council authorized the City Manager to execute an Interlocal 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: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinace, funds will be available in the current operating budget, as appropriated, of the Grants Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 2)_GR76 451345 036422508000 $72.753.00 2 GR76__JV_RIOUS) 0364_22508XXX $72,753.00 Page '2 CERTIFICATIONS: Submitted for City Manager's Office by: Charles W. Daniels (6199) Originating Department Head: Rudy Jackson (6805) Juan Ortiz (6173) Additional Information Contact: Eric Carter (2877) ATTACHMENTS 1. 36FY11TCBIOCONTRACT AOG.doc (Public) 2. CFWpreparednesslLAfina110-01-10.doc (CFW Internal)