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HomeMy WebLinkAboutContract 29024 03-25-03 Ali :4 1 " Contract No. Jl i INTERLOCAL AGREEMENT THIS AGREEMENT is entered into by and between the City of Fort Worth,Texas, a home- rule municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "City," acting herein by and through Libby Watson, its duly authorized Assistant City Manager, and Tarrant County,Texas, hereinafter called "County," acting herein by and through Tom Vandergriff, its duly authorized County Judge as directed by the Commissioners Court of Tarrant County,Texas WITNESSETH : WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal cooperation agreements between and among governmental entities; and WHEREAS, Texas Government Code, § 791.011 provides that a local government may contract with another to perform governmental functions and services, and the definition of "governmental functions and services"under § 791.003(3)whereby the City shall permit the County to use certain facilities at the Public Health Center of the City of Fort Worth located at 1800 University, Fort Worth,Texas("City's Public Health Center"),Fort Worth,Texas; and WHEREAS, the parties mutually desire to be subject to the provisions of Texas Government Code,Chapter 791,also known as the Interlocal Cooperation Act; NOW THEREFORE,it is agreed as follows: 1_ Purpose The purpose of this Interlocal Agreement ("Agreement") is for the City to provide services and office space to County at City's Public Health Center located at 1800 University Drive ("City's Public Health Center"). 2. Term The term of this agreement is for a period commencing October 1,2002,and ending May 31, 2003. After the term of this agreement, County may occupy City's Public Health Center on a month to month basis upon 30 days written notice to the City. County shall also provide 30 days written notice of the date it cease to occupy the Center. Page l of 6 Til. 3. Services Provided by City City agrees to perform the following services for County staff at City's Public Health Center Texas: A. Normal building maintenance services and security services to be provided to rooms that serve as office and work space areas for County Health Department personnel at the City's Public Health Center. Such maintenance will be provided on the same schedule as the City currently provides such services; B. Cleaning and upkeep of the parking areas adjacent to, and the grounds surrounding, the City's Public Health Center. Such maintenance will be provided on the same schedule as the City currently provides such services. C. Utility services provided to areas used by County staff, in the same manner as such utilities are provided to other offices at City's Public Health Center; and D. Telephone lines and base rates, excluding service call charges and long distance charges. The County agrees to pay for service call charges and long distance charges made on such lines. 4. Office Space Provided to County at City's Public Health Center County shall have access to and exclusive use of areas in the City's Public Health Center that have been designated for County use. City agrees to access locations designated for County use only for building maintenance, building inspections and in cases of emergency. The areas designated for County use, unless modified, are listed in "Exhibit A", attached to and hereby made a part of this Agreement. 5. County's Duties A. County agrees to exercise due care in keeping the interior and other improvements located at City's Public Health Center at 1800 University, Fort Worth, Texas in good condition. B. County agrees to use the areas in the City's Public Health Center for Tarrant County Health Department purposes only. C. County agrees to forward all building maintenance requests to the Director of the City of Fort Worth Health Department. County agrees not to perform any building maintenance except for routine minor maintenance within the City's Public Health Center without the written approval of the Director of the City of Fort Worth Health Department. County also agrees not to perform any building alterations or Page 2 of 6 renovations at County's own expense on the City's Public Health Center without the written approval of the Director of the City of Fort Worth Health Department Director. After approval by the City of Fort Worth Health Department Director, such renovations or building alterations must be coordinated with City's Building Services. 6. Compensation As fair compensation for the services provided by County pursuant to this agreement: A. In consideration of the services and space rendered by City to County at City's Public Health Center located at 1800 University, County agrees to pay City the sum of one hundred sixty four thousand, six hundred eighty three dollars and no cents ($164,683.00) Such payment shall be by lump sum due forty-five (45) days after the execution of this agreement by both parties. B. If County occupies the premises after May 31, 2003, the month to month cost will be twenty thousand, five hundred eighty five dollars and no cents ($20,585) per month payable on the 15`h day of each month. C. Pursuant to the requirements of Government Code § 791.011(d)(3), the amount due City under subparagraph A. above shall be paid from revenues currently available to County. 7. Termination This agreement shall be immediately terminated upon the County entirely vacating the City's Public Health Center at which time City will reimburse County a pro rata amount of monies paid by County. 8. Immunity It is expressly understood and agreed that, in the execution of this agreement, neither of the parties waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this agreement the parties do not intend to create any obligations, expressed or implied, other than those set forth herein and this agreement shall not create any rights in parties not signatories hereto. 9. Non-assignability Except as otherwise expressly provided herein, this agreement is non-assignable, and any unauthorized purported assignment or delegation of any duties hereunder, without the prior Page 3 of 6 written consent of the other party, shall be void and shall constitute a material breach of this agreement. 10. Entirety This agreement and all attachments incorporated herein by reference constitute the entire agreement by the parties hereunder, and any prior or contemporaneous oral or written agreements shall be void. 11. Severability In case any one or more of the provisions contained in the agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, and this agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 12. Venue This agreement shall be construed under and in accordance with the laws of the State of Texas, and the venue for any litigation arising from this agreement shall be in Tarrant County, Texas. 13. Authority This agreement is made for City and County as an Interlocal Agreement pursuant to Chapter 791 of the Government Code of Texas. 14. Authorization The undersigned officers and/or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary actions extending such authority have been duly passed and are now in full force and effect. Page 4 of 6 EXECUTED in triplicate in Fort Worth,Tarrant County,Texas. CITY OF MRT WORTH TARRANT COUNTY Libby fVatson Tom Vandergriff Assistant City Man ger County Judge c_ Date: 2 �✓ Date: APPROVED AS TO FORM APPROVED A O FORM Assistant d6 Attorney Assistant rict Attorney ATTEST: CRL20020812v2 City Secretary 0- — tgg� q Contract Authorization f I �O Certification of Funds Available I for the Amount of S/6 V 693 Date RENEE TIDWELL,CPA COUNTY AUDITOR. Page 5 of 6 IN "Exhibit A" Areas of the City's Public Health Center (1800 University, Fort Worth Texas) designated for County use. First Floor of Building Room: 105 106 108 109 112 113 114- less wiring rack space for City network and to include wiring rack space for County network. 116-County International Clinic Office Space 119- less wiring rack space for City network and to include wiring rack space for County network. 120 The Laboratory Suite, rooms 121 through 130, inclusive of the anteroom. The Tuberculosis Suites,rooms 134 through 138. HIV(Ryan White), Rooms 131, 132,and 133. Second Floor of Building Room: 203 204 205 206-less shared conference space(206C) 208 209 222 223 224 225 226 228- less wiring rack space for City Network. Page 6 of 6 City of Fort Worth, Texas 4velgor And 4:0u"Cit communication DATE REFERENCE NUMBER LOG NAME PAGE 10/8/02 **C-19279 50HEALTH 1 of 1 SUBJECT INTERLOCAL AGREEMENT WITH TARRANT COUNTY TO PROVIDE OFFICE SPACE AND BUILDING SERVICES AT THE CITY OF FORT WORTH'S PUBLIC HEALTH CENTER FOR FISCAL YEAR 2002-2003 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement with Tarrant County to provide office space and building services at the City's Public Health Center located at 1800 University Drive for Fiscal Year 2002-2003. DISCUSSION: The Public Health Department would like to continue to offer office space and building services to Tarrant County. Under the terms of this agreement, the City will provide building maintenance, security guard service, janitorial service, utilities and telephone services to the Tarrant County Health Department staff and clients at the City's Public Health Center. The agreement outlines the payment from Tarrant County to the City of Fort Worth, in the amount of $164,683, for office space and building services for the Tarrant County Health Department at the City's Public Health Center. It is expected that construction of the new Tarrant County Health Center will be completed by May 31, 2003. Therefore, the term of this agreement will begin October 1, 2002 and extend through May 31, 2003. If construction of the Tarrant County Health Center is not completed by May 31, 2003, Tarrant County will continue to occupy the City's Public Health Center on a month-to-month basis, until the facility is ready for occupancy. The rent will be $20,585 per month, payable by the 15th of each month. Tarrant County will provide written notice of intent to vacate 30 days prior to expected departure. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Revenue Office is responsible for the collection and deposit of all fees due to the City under this agreement. LW:n Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) GG01 451743 0501000 $164,683.00 Libby Watson 6183 Originating Department Head: Daniel Reimer 7201 (from) APPROVED 10/08/02 Additional Information Contact: Evelyn Brown 7202