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HomeMy WebLinkAboutContract 45428 71 �2 THE STATE OF TEXAS § CITY SECMAW § CONTRACT NO COUNTY of T'"" RRAN §, AGREEMENT WHEREAS, a need exists to encourage and promote the worth, and dignity 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 seeping services at the CITY OF FORT WORTH,, TEXAS' COMMUNITY ACTION PARTNERS PROGRAMYS ("CAPP") neighborhood centers; WHEREAS, the CITY of FORT WORTH, TEXAS,S, th rough its LAPP neighborhood centers, provides this guidance and assistance to all eligible individuals; WHEREAS, the CIS''"OF FORTWORTH, 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 T RRA NT COUNTY, TEXAS and CITE"" of PORT WORTH, TEXAS are providing, pu,rsuant 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,1 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 find.......s that the programs and activities provided by CITE"o,P' PORT 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 lend; and THEREFORE, this Agreement is made and entered into this day of VVY20141 by and between CITY OF FORT WORTH', TEXAS ("CITY"), acting and through its duly authorized agent, and TA RANT COUNTY, TEXAS COUNTY" acting by and through its County ,fudge. CITY and the COTS" agree as follows-. w OyFrICIAL RECORD Ry RECEIVEL 1"rly SE Gy 1 o , RD wOROTH9 'Vk, I AGRED""_ §L*KEN CITY QF FORT WORTH,TEXAS and TARRANT COUNTY,TEXAS IFY 201 - Ala 1 WR 2F s The CITY, through its CAP P, agrees to continue to provide neighborhood sites in various locations throughout Tarrant County for use by Tarrant County residents for the provis,ion 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 ($30,000.0�0) for services rendered to the residents of Tarrant County, Texas for the fiscal year beginning October 1, 2013, and ending September 301, 2014. 3. To the exte,"term"Itted by Texas, Iaw MEM, CITY herebv agrees to indemni"N and hold harmless COUNTY, *ts, officers, ME 0 21 I -ments, off iciand empl2yees from an,y loss, damage, EnEIM or claim, ar"Is"ing from the ne-gligent, ope-ration of ifts-proaraml, Said a indeminKlication will include 1 0 all amounts of' all, cla'l� EM. but not be lim"te�d t nw 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,1 joint owners, or joint tenants between the plartiesi. 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 1 , 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,TAR SIT COUNTY,TEXAS(F'Y 21014)-PAGE 2 jo 10. CITY agrees to provide COUNTY all records relating to the programs performed by CITY upon written request of COUNTY ado provide a,-final report detailing the mian,ner in which such funds are expended, and the program details of its services. 111. CITY must submit to COUNTY a -final report as to the program outcomes aohs ieved within sixty (610) days, of the end of the requested funding year['by November 30, 2014] by providing the following.- (a) a program update on all outcomes accomplished end 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 i n this contract are subject to, b e e tumed to COUNTY Until receipt of this final report by COUNTY, a,ll subsequent funding, will be: held in abeyance. N WITNESS OUR SIGNATURES on the is the day of 201 ORIZED AGENT CITY F_,F,O,, RTWORT EXAS, U mr gills L",r too- B. OUENWkITE& Tarrant County Judge AUDITOR'S CERTIFICATION A AM TO AVAILABILITY OF FUNDS (Ire the a unt of$130,000.00)0., S. RENEE TIDWELL, Tarrant Lour is Au" aitor APPROVED AST FORM*: '§:,:4ss4 Dst i STEVE SPAft taiit ii rulct Attorney Tarrant County Criminal District Attorney's Office ATTORNEY FOR TARRANT COUNTY, TEXAS, By law,the District Attorney's office may only approve contracts for its clients. We reviewed this document from our client's legal)perspective, Other parties may not rely on this approval, instead those parties should seek contract review from independent counsel. AGREEMENT BETWEEN CITY OF FORT WORTH,I'EXAS and TAR RANTCOUNTY,TEXASAFY 2014)-PAGE 3 2013-2014 TAR RANT COUNTY AGREEMENT COMMUNITY ACTION PARTNERS PROGRAM APPROVED AS TO FQRA")ID LEGALITY: µre rV7allach Assistant City Attorney U wow ATT SlT o oi ° u 0 m �e Kayser City Secretor M&C C-26592 Da + embe , 2013 I IFFICIAL RECORD C�jwff SECRETARY FTO VV'ORTHv Tx, „,AW'buv�LWUVYu"wll R V,C�WipOI�WUiu'u "�W'WMR!PoW�i M&C-Review .gage l of Offici,a] site of the City of N',,DA L 00%u ITY,,-,'' ,c NCl' FORT11bff u �r�tu�ww,r,fD.��"r�d�r��.����+,,.,�>������„u"I�,.z>s�m...�,�1���w��'�Il�r��r���x�„���'�r��l w�"��,.,�'���r�2',���'�r�..�u �?�w>4,�,"�➢Ili����,^PM �"�.,,�,�'����„�°I �«� d,o�.�D�"� ��,:��;a��"I+��u�,�.-� ��J��.COUNCIL ACTION: Approved on 12110/2013 Ordinance No 21053-12-2013 a � � ,� 7wr� ,� � �, 1 �i'. x.., ,r 7 J".H 3.r ,, .... v.. � r d... k..r,. A .., i,... �,« 1 ....�. fr gyp�,m � rt �, r eaw�,w�'re:WLPoio`�r""r.�r�'Y�,k�aJ�'k�,��Htt�,�inux�dw,�lr�..''��w.�!.m:,�ukk�.ar iv�'u���N.r;afuiu+wi.��. �i�,!<wd' a.W��d'.r�;rn�1..�w.���.U�` h n Wf'lW.u.�...�� ,�. � � w„ x ��1� z��'��DD.,�”�.f,��,�.Ir��aw,�`oMn��&” ��x. DATE 1 2/10/2013 REFERENCE No.. C-26592 LOG NAME, 80TARRANT20,14 CODE,$- C TYPE,: CONSENT HEARING,: NO PUBLIC SUBJECT Authorize Acceptance of Funds and Execution of an Agreement with Tarrant County in the Amount Up to $30,000.00 for Fiscal Year 2014 for the Operation, of Two: Community Actio Partners Centers, Authorize Execu�tlon of'a Lease Agreement for One of-the Centers and Adopt Appropriation Oird inance NO COUNCIL DISTRICT u wi. ,. �ry� ,xer u..��,r �.:y -a �r�m�,+. ii.�. ,�.,�.,�•., .,��,� ,�..r.c r w., �., xw,..Y.. ,,,, ,in�o,,�/ r ..�„ x,. ,�.�,� ,...m,m ru. �., n ,. �.. .., .�,...�..�,�r �.��� 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 2014 in the amount up to $30,000.00 for the operation of the Far Northwest Community Action Partners Center and the Far Southeast Community action Partners Center, 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 $11,100.00 for a term of one year effective from October 1, 20,13 to September 30, 2014; and 3. adopt the attached a propr atroln ordlinance increasing estimated receipts and appropriations in the Grants Fund in,-the amount up to $30,000.00, subject to receipt of the funds. DISCUS,SIOILN The City of Fort"Forth has contracted with the Texan Department of Housing and Community Affairs to serve as the Community Action Agency for Tarrant County under the name of Commu�niity Action Partners CAP). CAP! provides services to low-income a residents on a oo�uint -wide basis. Tarrant, County provides funding for the operation of the Far Southeast CAP Center located at, 16101 East Lamar Boulevard in Arlington, and the Far Northwest CAP Center located at 920 Roberts Cut Off in River Oaks, both of which are located outside the,city limits offort Worth. On October 13, 2009, C C-23841)the City Council approved the execution of a five-year Lease Agreement with Andrew-Dillinghamr , LTD,, for the operation of the 'Far Southeast CAP Center. This Mayor and Council Clommunication seeks authorization to enter Tinto, a one year Lease Agreement with Mary Hartman for the Far Northwest e�st CAP Center. Expenses for the operation of the CAP Centers for Fiscal Year 21014 include,the followi n 1, 1. Lease for the Far Southeast CAP Center in the amount of$23,710.56 to be paid in monthly installments in the amount of$11,97,5. 8, which includes utilities and 2 Lease for the Far Northwest CAP Center in the amount of$11,100. to be paid in monthly installments in the amount of$925.00, which excludes utilities. Expenses for rent, electricity, telephone services, natural gas, water and wastewater and minor repairs at both centers over the amount of$3 , 0 . will be funded by the Community Services Block Grant. Services provided at the two centers include case management, information and referral services, 4-n- //n—m, M�xrn t r%-rcr1 vi"oil tN r-V t/rnP r -V P'% nI4z-" T1 . Q?00Srrnj n� �1tigt =�1?110/'01 1 9:06/90 M&C-Review Page 2 of client intake and assessment, emergency assistance, including the Comprehensive Enierg,y i Assistance Program and other social se�rvices to low-income households in southeast and northwest Tarrant County.. FISCAL INFOR,MA'Tl N/CER'TIFICATION-0- The Financial Management Services Director certifies that upon approval of the above recommend�atilons,and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fug nd/Arco u truce raters FROM Fund/Account/Centers G 7 451345 080422685000 $30J 0 0.00 G 5XXXXX 080422685XXX $30,000.00 Submifted for City Mama-ger"s, Office, Susan Alanis (8180) Ori inartlr Department Helad�: Richard Zavala (5704) 0 Addit''onall Informafion Contact 1. Sonia Singleton (5774) ATTACHMENTS, 8,OTARIMNT2:014 AO.dOCx ftwflnnm ofumpt nralp.nuno.fl nnnk-p.t/me.