LICENSE AND AGREEMENT BETWEEN
TRAVIS COUNTY AND
FOUNDATION COMMUNITIES FOR
OPERATION OF THE TAX PREPRATION ASSISTANCE PROGRAM
This License and Agreement ("Agreement") is made and entered into by and between Travis County,
Texas, a political subdivision of the State of Texas ("County"), and Foundation Communities ("FC"), the
administrator of Community Tax Centers ("CTC"), a non-profit organization.
WHEREAS, County has the authority to provide for the care of indigents and other qualified recipients
(TEX. LOC. GOV'T. CODE, Section 81.027, and other statutes); and provision of that care constitutes a
public purpose; and
WHEREAS, County is the owner of the South Rural Community Center ("South Center"), referred to as the
"Center;" and
WHEREAS, FC desires to make certain services available to eligible clients using the facilities at the
Center, and County desires to allow FC to use the Center to provide such services.
NOW, THEREFORE, County and FC, in consideration of the mutual promises
herein expressed and the
consideration provided for herein, agree to and with each other as follows:
1.0 DEFINITIONS
1.1
"Center" means the South Rural Community Center (located at 3518 FM 973, Del Valle,
Texas 78617). It is understood that references to "Center" is a reference to the facility, and that all
obligations and performance in this Agreement are made by County and subject to County requirements.
No representative of any Center has any authority to bind County or make any representations beyond
those specified in this Agreement.
1.2
"Commissioners Court" means the Travis County Commissioners Court.
1.3
"Eligible Client" means an individual determined by County to have met applicable
requirements necessary to participate in the program for which services are provided under this Agreement.
1.4
"Executive Manager" means Sherri Fleming, Executive Manager of Travis County
Health, Human Services and Veterans Service, or her successor or designated representative.
1.5
"Party" or "Parties" means Travis County and/or FC.
2.0 TERM
OF
LICENSE.
2.1
Term. The license granted under this Agreement ("License") shall cover the time period
beginning January 1, 2013, and continuing through April 30, 2013.
2.2
Timeline. The Parties agree that the efforts set forth
in this Agreement will proceed, as
much as reasonably possible, according to the following timeline:
Fall, 2012
preparation, curriculum design, finalize sites, recruit
volunteers by FC
November
2012
volunteer
training
begins,
runs
through
February
Created on 01-24-2013
Mid-January,
2013 Community
Tax
Center
opens
Mid-April, 2013
Community Tax Center closes
June, 2013
results/outcomes will provided to County
2.3
Termination. This Agreement may be terminated by either Party by giving thirty (30)
days written notice to the other Party of the intent to terminate. County may
terminate this Agreement for
cause with notice to FC.
3.0
GRANT OF LICENSE
3.1
General Grant of License. County hereby grants a license to FC, its employees, agents
and volunteers ("FC Personnel") to enter, use and occupy the Center for
the purposes and within the
limitations set forth further in this Agreement.
3.2
Use. FC agrees to make no structural changes to any portion of the Center, and to limit
its adjustments to the facilities at the Center to the superficial preparation set forth herein necessary for the
effective use of the Center to provide the services outlined in this Agreement. FC agrees to leave the
Center in the same and as good a condition as when it was received, normal wear and tear excepted, as
determined by County.
3.3
Center's Personnel Protection. FC acknowledges and agrees
that FC shall be solely
responsible at all times for the actions and the safety of Center's Personnel utilizing the Center under this
Agreement, including, without limitation, protecting such Center's Personnel from injury or death and
protecting County's property and the property of such Center's Personnel from loss or damage.
3.4
Attachments. The attachments enumerated and denominated below are hereby made a part
of this Contract, and constitute promised performances by Contractor in accordance with all terms of this
Contract.
3.4.1
Attachment
A
Work
Statement
3.4.2
Attachment
B
Printing
4.0 GENERAL
PROVISIONS.
4.1
Amendment. Any changes to this Agreement must be made in writing and signed by
both Parties. FC acknowledges
and agrees that no officer, agent, representative or employee of County has
any authority, either express or implied, to modify or amend the terms of this Agreement unless expressly
granted that specific authority by the Commissioners Court.
4.2
Prohibitions. There shall be no smoking in any County building at any time. FC agrees
not to use any equipment or material that is intended to produce an open flame. FC shall not provide any
tobacco products or alcoholic beverages at Center. FC shall not use Center for
any purpose other than
those set forth in this Agreement.
4.3
Use and Repair. FC shall not use the Center for any purpose other than that set forth in
this Agreement. Further, FC shall repair or replace any damage to the Center caused by FC.
4.4
Control of Travis County. FC shall at all times obey the direction and commands of the
Travis County Sheriff, the Executive Manager of the Travis County Administrative Operations
Department, and the Executive Manager of Travis County Health, Human Services
and Veterans Services
(or their designated representative) while on or in the vicinity of the Center. Any disregard of the
directions, restrictions, rules or regulations referenced in this Section 4.4 shall be grounds for immediate
termination of this Agreement and revocation of the License granted hereunder.
4.5
Indemnification and Claims. FC agrees to and shall indemnify, save and hold
harmless, and defend County, its agents, officials and employees from any and all claims, negligence,
Created on 01-24-2013