HomeMy WebLinkAboutContract 46535 CITY SECRUAIgf
CONTRACT NO.
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 centers;
WHEREAS, the CITY OF FORT WORTH, TEXAS, through its CAPP neighborhood
centers, 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 two CAPP neighborhood centers located in southeast and
northwest 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,
;u which constitute an expenditure involving an interest in land; and
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NOW, THEREFORE, this Agreement is made and entered into this day of
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[2 r , 2015, by and between CITY OF FORT WORTH, TEXAS("CITY"), acting
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� by and through its duly authorized agent, and TARRANT COUNTY, TEXAS("COUNTY"),
r acting by and through its'County Judge.
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OFFICIAL RECORD
N CITY SECRETARY
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FT.WORTH,TX
AGREEMENT BETWEEN CITY OF FORT WORTH.TEXAS and TARRANT COUNTY.TEXAS(FY 2015)-PAGE 1
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, 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 ($30,000.00) for
services rendered to the residents of Tarrant County, Texas for the fiscal year beginning
October 1, 2014 and ending September 30, 2015.
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. 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. 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 b
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
AGREEMENT BETWEEN CITY OF FORT WORTH.TEXAS and TARRANT COUNTY.TEXAS(FY 2015)-PAGE 2
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. 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.
11. 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, 2015] 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.
SIGNED AND EXECUTED this day of :Marc,. _, 2015.
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00 ; � �4 8� CITY OF FORT WORTH, TEXAS
COUNTY OF TAR [ °a 0001po
t°1 STATE OF TEs
APPROVED AS TO FORM AND LEGALITY:
B. Glen ley Assistap ity Attorney
County Judge
CERTIFICATION OF
APPROVED AS TO FORM: AVAILABLE FUNDS: $30,000.00
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anal orney's Office* Tarrant County Auditor
*By law, the Criminal District Attorney's Office may only approve contracts for iOFFICIAL RECORD
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reviewed this document as to form from our client's legal perspective. Other partie r> 0J% ARS
this approval. Instead those parties should seek contract review from independent FoLMHORTH,TX
AGREEMENT BETWEEN CITY OF FORT WORTH.TEXAS and TARRANT COUNTY.TEXAS(FY 2015)-PAGE 3
a:
TARRANT COUNTY
COMMISSIONERS COURT
G.K.MAENIUS
COUNTY ADMINISTRATOR
March 3, 2015
Ms. Susan Alanis, Assistant City Secretary
City of Fort Worth
Community Action Partners Program (CAPP)
1000 Throckmorton Street
Fort Worth, TX 76102
Dear lIa :
The Tarrant County Commissioners Court approved the Fiscal Year 2015 contract with the City
of Fort Worth — Community Action Partners Program. Enclosed is one original copy of the
contract for your files. A check in the amount of$30,000.00 for Fiscal Year 2015 will be mailed
separately.
Per Paragraph VII of this agreement, please be reminded that a report giving an accounting of all
expenditures of County funds is due no later than November 30, 2015, as well as a program
update on all outcomes accomplished and client populations served. Without these documents,
the County will be unable to honor further requests for funding.
Please contact us if you have any questions regarding this agreement.
Sincerely;
M G.K. Maemus
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M County Administrator
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Enclosures
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TARRANT COUNTY ADMINISTRATION BUILDING
100 E.WEATHERFORD,FORT WORTH,TEXAS 817/884-1733 FAX 817/884-1702
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/28/2014 - Ordinance No. 21517-10-2014
DATE: Tuesday, October 28, 2014 REFERENCE NO.: **C-27063
LOG NAME: 80TARRANT2015
SUBJECT:
Authorize Acceptance of Funds and Execution of an Agreement with Tarrant County in the Amount Up to
$30,000.00 for Fiscal Year 2015 for the Operation of the Far Northwest and Southeast Community Action
Partners Centers, Authorize Execution of a Lease Agreement with Mary Hartman for the Far Northwest
Community Action Partners Center, Authorize Execution of an Amendment to City Secretary Contract No.
39359, a Lease Agreement with Andrews-Dillingham Properties, LTD., for the Far Southeast Community
Action Partners Center to Extend the Lease Term for an Additional Five Years and Adopt Appropriation
Ordinance (ALL COUNCIL DISTRICTS)
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
2015 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 one-year Lease Agreement with Mary Hartman for the Far Northwest
Community Action Partners Center in the amount of$11,100.00, with the lease term beginning on October
1, 2014 and ending on September 30, 2015;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount up to $30,000.00, subject to receipt of the funds; and
4. Authorize the execution of an amendment to City Secretary Contract No. 39359, a Lease Agreement
with Andrews-Dillingham Properties, LTD., for the Far Southeast Community Action Partners Center to
extend the lease term for an additional five years beginning on October 1, 2014 and ending on September
30, 2019 for an annual amount of$25,397.52, which amount is subject to annual adjustments based on
the Consumer Price Index for all urban consumers in Dallas-Fort Worth.
DISCUSSION:
The purpose of this Mayor and Council Communication is to accept funds from Tarrant County to assist in
the operation of the Far Northwest Community Action Partners Center located at 920 Roberts Cut Off
Road in River Oaks (Northwest CAPC) and Far Southeast Community Action Partners Center located at
1601 East Lamar Boulevard in Arlington (Southeast CAPC) (collectively, the Centers) and enter into
Lease Agreements for the use of the Centers.
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
Lo2name: 80TARRANT2015 Pave 1 of 2
other social services.
On October 13, 2009, (M&C C-23841) the City Council approved the execution of City Secretary Contract
No. 39359, a five-year Lease Agreement with Andrew-Dillingham, Ltd., for the operation of the Southeast
CAPC. As part of that Agreement, the City leases approximately 1,891 square feet at a base rental
amount of$2,116.46.00 per month, which includes utilities and janitorial services. The monthly rental rate
may be adjusted each year based on the percent increase in the Consumer Price Index for all urban
consumers in Dallas-Fort Worth.
The City also enters into an annual Lease Agreement with Mary Hartman for the use of the Northwest
CAPC and Staff wishes to continue that arrangement for an additional year, with a lease term to begin on
October 1, 2014 and end on September 30, 2015. The total base rent for this facility is $11,100.00, which
will be paid in monthly rental installments of$825.00, which excludes utilities.
Annually, Tarrant County provides funding for the operation of the Centers. 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. Additional funding is provided by the Community Services Block Grant;
therefore, all expenses are completely covered by grant funds, including electricity, telephone services,
natural gas, water and waste water and minor repairs.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
receipt of the grant, and adoption of the attached appropriation ordinance, 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
3) GR76 451345 080422685000 $30.000.00
3) GR76 5XXXXX 080422685010 $30,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Sonia Singleton (5774)
ATTACHMENTS
1. 80TARRANT2015AO14rev.docx (Public)
Logname: 80TARRANT2015 Parc of