HomeMy WebLinkAboutContract 52321 CITY
000cN 5a3a
AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE PRESBYTERIAN
NIGHT SHELTER OF TARRANT COUNTY, INC., FOR RAPID EXIT AND
EMPLOYMENT SERVICES
This AGREEMENT for rapid exit and employment services ("Agreement") is made and
entered into by and between the CITY OF FORT WORTH, a Texas home rule municipality
("City"), and THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC.,
a Texas nonprofit corporation ("Agency"). City and Agency are referred to individually as a
"Party" and sometimes collectively referred to as the "Parties."
RECITALS:
1. WHEREAS, The City has adopted Directions Home: Making Homelessness Rare, Short-
Term and Nonrecurring in Fort Worth within Ten Years as its homelessness plan (the
"Plan" or "Directions Home"). The Plan sets out key strategies that focus on the goal of
ending homelessness and guides the expenditure of City funds on homeless issues (City
Council Resolution No. 3203-05-2005);
2. WHEREAS, the City of Fort Worth issued a Request for Proposals on February 6, 2019
for services to help achieve the goals of the Directions Home program and reduce
homelessness in Fort Worth through providing rapid exit/employment services;
3. WHEREAS, Agency provides services that assist individuals experiencing homelessness
in exiting homelessness and finding hope and employment;
4. WHEREAS, Agency submitted a proposal to provide rapid exit and employment services;
5. WHEREAS, the Parties believe that the services will further the goals of Directions Home
and desire to enter into this Agreement in order to set out the terms, goals, and
responsibilities of each Party.
NOW THEREFORE, the Parties for the mutual consideration included herein agree to enter into
the following Agreement.
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Agreement for Supportive Services;
2. Exhibit"A"— Scope of Services;
3. Exhibit"B"—Budget;
J�qo, 4. Exhibit"C" —Reimbursement Request Form
5. Exhibit"D" —Reporting Forms OFFICIAL RECORD
6. Exhibit "E" -- Request for Budget Modification Form CITY SECRETARY
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Agreement for Homeless Services—THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC.—
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Exhibits "A", "B", "C", "D", and "E" which are attached hereto and incorporated herein, are
made a part of this Agreement for all purposes. In the event of any conflict between the terms and
conditions of Exhibits "A" "B" "C" "D" or "E" and the terms and conditions set forth in the
body of this Agreement, the terms and conditions of this Agreement shall control.
1. SCOPE OF SERVICES.
1.1 Agency shall provide City with rapid exit and employment services in order to reduce
the City's population of homeless persons ("Services"), which are more particularly described in
Exhibit "A" — Scope of Service.
1.2 Program Performance.
1.2.1 Agency agrees to maintain full documentation supporting the performance of the
work and fulfillment of the objectives set forth in Exhibit "A."
1.2.2 Agency agrees to provide a monthly report in the form attached as Exhibit "D"
to document the performance of the work described in Exhibit "A".
1.2.3 Agency agreed to provide a quarterly report in the form attached as Exhibit"D"
to document the performance of the work described in Exhibit "A".
1.2.4 Agency agrees that the Reimbursement Request Form and monthly report will be
submitted to City no later than the 15th day after the end of each month. Agency agrees that at the
end of each quarter (list out the months), Agency shall also provide a quarterly report with the
aggregate information requested therein along with its monthly report and reimbursement request.
Should Agency not be able to meet these requirements in a given month, the Agency shall provide
written notification prior to the deadline that details the expected date of submission. If no
notification is received before the 15th day, the City may document for future corrective action.
If, by the last day of the same month, Agency has not submitted the required reports, City will
send a non-compliance letter notifying Agency's duly authorized representative of a possible
suspension of program funding.
1.2.5 Agency agrees to complete a Corrective Action Plan (CAP) in the event of three
(3) consecutive months or six (6) non-consecutive months with incomplete or incorrect
submissions of a Reimbursement Request Form or report. Agency also agrees to complete a
Corrective Action Plan for recurring late submissions of a Reimbursement Request Form or report.
2. TERM.
This Agreement shall begin on April 1, 2019 ("Effective Date") and shall expire on
September 30, 2019 ("Expiration Date"), unless terminated earlier in accordance with this
Agreement ("Initial Term"). City shall have the option, in its sole discretion, to renew this
Agreement under the same terms and conditions, except for the compensation amount which shall
be provided at the time of the renewal, for 1 additional I-year term.
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Agreement for Homeless Services—THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC.—
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3. COMPENSATION.
3.1 City shall pay Agency in accordance with the provisions of this Agreement and Exhibit
"B" — Budget. Total payment made by City under this Agreement for the Initial Term shall not
exceed $165,000.00 ("Program Funds"), and shall be paid to Agency on a reimbursement basis.
Agency shall not perform any additional services for City not specified by this Agreement unless
City requests and approves in writing the additional costs for such services. City shall not be liable
for any additional expenses incurred by Agency not specified by this Agreement unless City first
approves such expenses in writing. If City determines in its sole discretion that this Agreement
should be renewed as provided under Section 2 of this Agreement, the City shall provide an
updated Exhibit "B", which shall include the not to exceed amount to be paid to Agency on a
reimbursement basis during the renewal term.
3.2 Payment of the Program Funds from City to Agency shall be made on a cost-
reimbursement basis following receipt by City from Agency of a signed Reimbursement Request
Form ("RRF") as described in Exhibit "C" along with copies of all receipts and other supporting
documentation. The RRF and reports shall be submitted to City no later than the l 5th day following
the end of the month. Submittal of a monthly RRF and reports is required even if services are not
provided.
3.3 The monthly RRF should be sequentially numbered and include expense
documentation that is detailed,clear and concise. The submission shall include applicable monthly
reports. Submissions must be scanned and submitted to the Directions Home Program Manager.
Submissions should be titled "THE PRESBYTERIAN NIGHT SHELTER OF TARRANT
COUNTY, INC. — RFR Month- Rapid exit/employment services" and sent either via email to
Tara.Perez@fortworthtexas.gov or via mail to ATTENTION: Tara Perez, Directions Home
Manager, City Manager's Office, 200 Texas Street, Fort Worth TX 76102. Reimbursements will
not be made until after receipt of an acceptable and approved RRF and monthly report as required.
Reimbursements shall be made within 30 days receipt of said documents. Incomplete or incorrect
submissions will be returned to the Agency for resubmission, restarting the 30-day reimbursement
schedule.
3.4 Agency is authorized to modify up to five (5) percent of any budgeted line-item in the
original approved budget without prior written permission from City. However, Agency must
submit the Request for Budget Modification Form (Exhibit "E") to City, with the monthly RRF,
during the month the modification took place. The new modified budget cannot exceed the total
amount of Program Funds. Agency shall be solely responsible for any money spent in excess of
the not to exceed amount included in this Agreement for the then-current term.
3.5 Any modifications of more than five (5) percent of any budgeted line-item in the
original approved budget must have prior written permission from City before the modifications
are made. The Budget Modification Form (Exhibit "E") must be submitted, and request must be
approved by City, before any money is moved to the line-item. Once the Budget Modification is
approved, the modified budget will take effect on the first day of the following month. The new
modified budget shall not exceed the total amount of Program Funds. Agency shall be solely
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responsible for any money spent in excess of the not to exceed amount included in this Agreement
for the then-current term.
3.6 Any modifications to zero line-items in the original approved budget must have prior
written permission from City before the modifications are made. The Budget Modification Form
(Exhibit "E") must be completed and approved by City before money is transferred into the new
line-item. Once the Budget Modification is approved, the modified budget will take effect on the
first day of the following month. The new modified budget shall not exceed the total amount of
Program Funds. Agency shall be solely responsible for any money spent in excess of the not to
exceed amount included in this Agreement for the then-current term.
3.7 Agency will document cost allocations for all budgeted expenses throughout the
entirety of the Agreement and will be responsible for having a policy and procedure in place for
this documentation. Specifically, Agency will document how all shared costs, personnel time, or
equipment that was fully or partially paid for using City funds, were used in furtherance of the
program activities described in this Agreement. Documentation of these cost allocations, as well
as a copy of the Agency's policy and procedures for the documentation of the cost allocations shall
be made available to the City upon request.
3.8 The City reserves the right to reject any budget modification that the City believes, in
its sole discretion, is not clearly aligned with the program activities and any requests for
reimbursement expenses that the City believes, in its sole discretion, are not specified in Exhibit
"D" of this Agreement or an approved budget modification form.
3.9 Budget adjustments shall be submitted via either email to
Tara.Perez@fortworthtexas.gov or to the Tara Perez, Directions Home Manager, City Manager's
Office, 200 Texas Street, Fort Worth TX 76102.
4. TERMINATION.
4.1. Written Notice. City or Agency may terminate this Agreement at any time and for
any reason by providing the other Party with 60 days' written notice of termination.
4.2 Duties and Obligations of the Parties. In the event that this Agreement is terminated
prior to the Expiration Date, City shall pay Agency for services actually rendered up to the
effective date of termination and Agency shall continue to provide City with services requested by
City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Agency shall provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Agency
has received access to City data as a requirement to perform services hereunder, Agency shall
return all City-provided data to City in a machine readable format or other format deemed
acceptable to City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
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5.1 Disclosure of Conflicts. Agency hereby represents and warrants to City that
Agency has made full disclosure in writing of any existing or potential conflicts of interest related
to Agency's services under this Agreement. In the event that any conflicts of interest arise after
the Effective Date of this Agreement, Agency hereby agrees to make full disclosure of such
conflict of interest to City immediately in writing.
5.2 Confidential Information. Agency, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it (i) by City ("City Information") as
confidential and shall not disclose any such information to a third party without City's prior written
approval,and(ii)shall abide by all of the standards of confidentiality of client information("Client
Information") in its performance of its duties and obligations under this Agreement including but
not limited to those standards, rules and regulations regarding confidentiality required by HMIS
and TCHC. "Client Information" is defined for the purposes of this Agreement as personal,
demographic, or treatment data about the individuals being served by the program.
5.3 Unauthorized Access. Agency shall store and maintain City Information and Client
Information in a secure manner and shall not allow unauthorized users to access, modify, delete or
otherwise corrupt City Information or Client Information in any way. Agency shall notify City
immediately if the security or integrity of any City Information or Client Information has been
compromised or is believed to have been compromised, in which event, Agency shall, in good
faith, use all commercially reasonable efforts to cooperate with City in identifying what
information has been accessed by unauthorized means and shall fully cooperate with City to
protect such City Information or Client Information from further unauthorized disclosure.
6. RIGHT TO AUDIT.
Agency agrees that City shall, until the expiration of 3 years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said 3 years, have access
to and the right to examine at reasonable times any directly pertinent books, documents, papers
and records, including, but not limited to, all electronic records, of Agency involving transactions
relating to this Agreement at no additional cost to City. Agency agrees that City shall have access
during normal working hours to all necessary Agency facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the provisions of this section.
City shall give Agency reasonable advance notice of intended audits.
This provision shall survive the expiration or termination of this Agreement.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Agency shall operate as an independent
contractor as to all rights and privileges and work performed under this Agreement, and not as
agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Agency shall have the exclusive right to control the details of its
operations and activities and be solely responsible for the acts and omissions of its officers, agents,
servants, employees, consultants and sub vendors. Agency acknowledges that the doctrine of
respondeat superior shall not apply as between City, its officers, agents, servants and employees,
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and Agency, its officers, agents, employees, servants, vendors and sub vendors. Agency further
agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise
between City and Agency. It is further understood that City shall in no way be considered a Co-
employer or a Joint employer of Agency or any officers, agents, servants, employees or sub vendor
of Agency. Neither Agency,nor any officers,agents,servants,employees or sub vendor of Agency
shall be entitled to any employment benefits from City. Agency shall be responsible and liable for
any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents,
servants, employees or sub vendors.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY-AGENCY SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
AGENCY, ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION - AGENCY HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTSAND EMPLOYEES, FROMANDAGAINSTANYAND ALL CLAIMS
OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS
TO AGENCY'S B USINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL
INJUR Y, INCL UDING DEA TH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENTACTS OR OMISSIONS OR MALFEASANCE OFAGENCY, ITS OFFICERS,
AGENTS, SERVANTS OR EMPLOYEES.
This section shall survive the expiration or termination of this Agreement.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assignment. Agency shall not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee shall execute a written agreement with City and Agency under which
the assignee agrees to be bound by the duties and obligations of Agency under this Agreement.
Agency and Assignee shall be jointly liable for all obligations of Agency under this Agreement
prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, subcontractor shall execute a
written agreement with Agency referencing this Agreement under which subcontractor shall agree
to be bound by the duties and obligations of Agency under this Agreement as such duties and
obligations may apply. Agency shall provide City with a fully executed copy of any such
subcontract.
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10. INSURANCE.
Agency shall provide City with certificate(s) of insurance documenting policies of the
following types and minimum coverage limits that are to be in effect prior to commencement of
any work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Agency, its employees, agents,
representatives in the course of providing services under this Agreement.
"Any vehicle" shall be any vehicle owned, hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any
other state workers' compensation laws where the work is being performed
Employers' liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions):
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement
to the Commercial General Liability (CGL) policy, or a separate policy
specific to Professional E&O. Either is acceptable if coverage meets all
other requirements. Coverage shall be claims-made, and maintained for the
duration of the contractual agreement and for 2 years following completion
of services provided. An annual certificate of insurance shall be submitted
to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall
name City as an additional insured thereon, as its interests may appear. The
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term City shall include its employees, officers, officials, agents, and
volunteers in respect to the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of 30 days' notice of cancellation or reduction in limits of
coverage shall be provided to City. Ten days' notice shall be acceptable in
the event of non-payment of premium. Notice shall be sent to City as
provided in the Notice section of this Agreement.
(d) The insurers for all policies must be licensed and/or approved to do business
in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent
financial strength and solvency to the satisfaction of Risk Management. If
the rating is below that required, written approval of Risk Management is
required.
(e) Any failure on the part of City to request required insurance documentation
shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Agency has obtained all required
insurance shall be delivered to the City prior to Agency proceeding with
any work pursuant to this Agreement.
11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Agency agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work it
produces in connection with this Agreement will also comply with all applicable federal, state and
local laws,ordinances,rules and regulations. If City notifies Agency of any violation of such laws,
ordinances, rules or regulations, Agency shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Agency, for itself, its personal representatives, assigns, sub vendors and successors in
interest, as part of the consideration herein, agrees that in the performance of Agency's duties and
obligations hereunder, it shall not discriminate in the treatment or employment of any individual
or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN
ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY AGENCY,
ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUB VENDORS OR SUCCESSORS
IN INTEREST, AGENCY AGREES TO ASSUME SUCH LIABILITY AND TO
INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH
CLAIM.
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This section shall survive the expiration or termination of this Agreement.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand-delivered to the other Party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of
the transmission, or(3)received by the other Party by United States Mail,registered, return receipt
requested, addressed as follows:
To City: To Agency:
City of Fort Worth Presbyterian Night Shelter
City Manager's Office Attn:_Debbi Rabalais, Vice President of
Attn: Tara Perez, Directions Home Manager Program Services
200 Texas Street P O Box 2645
Fort Worth, TX 76102-6314 Fort Worth TX 76113
Facsimile: (817) 392- 2235 Facsimile: (817) 877-5721
With copy to City Attorney's Office at same
address
14. SOLICITATION OF EMPLOYEES.
Neither City nor Agency shall, during the term of this Agreement and additionally for a
period of 1 year after its termination, solicit for employment or employ, whether as employee or
independent contractor, any person who is or has been employed by the other during the term of
this Agreement, without the prior written consent of the person's employer. Notwithstanding the
foregoing, this provision shall not apply to an employee of either Party who responds to a general
solicitation of advertisement of employment by either Party.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or
surrender any of its governmental powers or immunities.
16. NO WAIVER.
The failure of City or Agency to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Agency's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
17. GOVERNING LAW/VENUE.
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This Agreement shall be construed in accordance with the laws of the State of Texas. If
any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement,
venue for such action shall lie in state courts located in Tarrant County, Texas or the United States
District Court for the Northern District of Texas, Fort Worth Division.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
19. FORCE MAJEURE.
City and Agency shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including,
but not limited to, compliance with any government law, ordinance or regulation, acts of God,
acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor
restrictions by any governmental authority, transportation problems and/or any other similar
causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be
deemed a part of this Agreement, and are not intended to define or limit the scope of any provision
of this Agreement.
21. REVIEW OF COUNSEL.
The Parties acknowledge that each Party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Agreement
or Exhibits "A", "B", "C", "D" and "E".
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No amendment,modification,or extension of this Agreement shall be binding upon a Party
hereto unless set forth in a written instrument, which is executed by an authorized representative
of each Party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits "A", "B", "C", "D", and "E" contains the entire
understanding and agreement between City and Agency, their assigns and successors in interest,
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as to the matters contained herein. Any prior or contemporaneous oral or written agreement is
hereby declared null and void to the extent in conflict with any provision of this Agreement.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall,
for all purposes, be deemed an original, but all such counterparts shall together constitute one and
the same instrument.
25. WARRANTY OF SERVICES.
Agency warrants that its services will be of a professional quality and conform to generally
prevailing industry standards. City must give written notice of any breach of this warranty within
30 days from the date that the services are completed. In such event, at Agency's option, Agency
shall either (a) use commercially reasonable efforts to re-perform the services in a manner that
conforms to the warranty, or (b) refund the fees paid by City to Agency for the nonconforming
services.
26. IMMIGRATION NATIONALITY ACT.
City actively supports the Immigration &Nationality Act(INA)which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Agency shall
verify the identity and employment eligibility of all employees who perform work under this
Agreement. Agency shall complete the Employment Eligibility Verification Form (I-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all
employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Agency shall
establish appropriate procedures and controls so that no services will be performed by any
employee who is not legally eligible to perform such services. Agency shall provide City with a
certification letter that it has complied with the verification requirements required by this
Agreement. Agency shall indemnify City from any penalties or liabilities due to violations of this
provision. City shall have the right to immediately terminate this Agreement for violations of this
provision by Agency.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides,
and documentation, created, published, displayed, and/or produced in conjunction with the
services provided under this Agreement (collectively, "Work Product"). Further, City shall be
the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of
City from the date of conception, creation or fixation of the Work Product in a tangible medium
of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be
considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended.
If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-
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hire" within the meaning of the Copyright Act of 1976, as amended, Agency hereby expressly
assigns to city all exclusive right, title and interest in and to the Work Product, and all copies
thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights
therein, that City may have or obtain, without further consideration, free from any claim, lien for
balance due, or rights of retention thereto on the part of City.
28. CHANGE IN COMPANY NAME OR OWNERSHIP
Agency shall notify City's Assistant City Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated city records. The chief
executive officer of Agency or authorized official must sign the letter. A letter indicating changes
in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of
director's resolution approving the action,or an executed merger or acquisition agreement. Failure
to provide the specified documentation so may adversely impact future invoice payments.
29. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to
execute this Agreement on behalf of the respective Party, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement
and any amendment hereto, may be executed by any authorized representative of Agency. Each
Party is fully entitled to rely on these warranties and representations in entering into this
Agreement or any amendment hereto.
30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT
ISRAEL
Agency acknowledges that in accordance with Chapter 2270 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or services
unless the contract contains a written verification from the company that it: (1) does not boycott
Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this contract, Agency certifies that Agency's signature provides
written verification to the City that Agency: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of the contract.
31. CONFIDENTIAL INFORMATION
Agency acknowledges that the City is a governmental entity and is subject to the Texas
Public Information Act ("Act"). By executing this agreement, Agency acknowledges that this
agreement will be publicly available on the City's website, and Agency is therefore waiving any
claim of confidentiality, whether based in statute or the common law, to any and all materials
contained as part of this agreement including all documents and information referenced herein or
attached hereto.
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32. LIMITATIONS ON SERVICES
Payment for any services hereunder are specifically for those services included with
Exhibit A—Scope of Work. No portion of the Program Funds shall be used for any sectarian or
religious activity. Agency retains its independence and may continue to carry out its mission,
including any religious activities, provided that is does not request reimbursement or payment for
any explicitly religious activities (including activities that involve overt religious content such as
worship, religious instruction, or proselytization), or in any other manner prohibited by law. If
Agency engages in explicitly religious activities, they must be offered separately, in time or
location, from the programs or activities supported by the Program Funds and participation must
be voluntary for any eligible individuals, as defined in Exhibit A.
[SIGNATURE PAGE TO FOLLOW]
CITY OF FORT WORTH Page 13 of 24
Agreement for Homeless Services—THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY,INC.—
RAPID EXIT/EMPLOYMENT SERVICES
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in multiple
originals on the date written below their respective signatures to be effective on the Effective Date.
CITY OF FORT WORTH:
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
/ By signing I acknowledge that 1 am the person
��ra�O responsible for the monitoring and administration of
this contract, including ensuring all performance and
By. Name: Fernando Costa reporting requirements.
Title: Assistant City Manager
Date: By. dza
Name: Tara Per
APPROVAL RECOMMENDED: Title: Directions HjMer
RAPPROVED/; AS TO FORM AND LEGALITY:
o By: w
Name: Tara Perez
Title: Directions Hom Manager By:
e. J n P e
ATTEST: itle: Assistant City Attorney
CON L ACT AUTHORIZATION:
M&C: C-aC10$3 04/02f iq
By: 1295: a019-qb144SO
a . Mary J. Kayser
Title: City Secretary 1�, . .0
Agency:
{
Presbyterian Night Shelter,_ XA' ATTEST:
By: By:
ame: Toby 0wen Name:
Title: Chief Executive Officer Title: �.RECORD
A
Date: S CITY SECRETARY
WORTH,TX
CITY OF FORT WORTH Page 14 of 24
Agreement for Homeless Services—THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC.—
RAPID EXIT/EMPLOYMENT SERVICES
EXHIBIT "A"
SCOPE OF SERVICES
RAPID EXITIEMPLOYMENT SERVICES
THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC. will do the
following:
Employ two (2) full time rapid exit/employment case managers to provide case management
services to 85 rapid exit/employment households and host shared housing forums through
which an additional 25 households will exit to permanent housing. All rapid exit/employment
households must meet the eligibility criteria described in section A, below. Case management
and assistance to these households shall include the following:
A. In General
• Document the nature and extent of all services provided to homeless individuals in the City of
Fort Worth receiving case management services hereunder ("clients") in a complete case file,
with case notes in the HMIS system within 3 business days of a service being provided
hereunder.
• Eligible clients include households in the City of Fort Worth referred through Coordinated
Entry by Tarrant County Homeless Coalition with the following criteria;
o A vulnerability score of four (4) or less;
o Have a valid state issued identification or drivers license (or have the documents
necessary to quickly obtain a state issued identification)
o Be currently employed or have a recent employment history and be willing to work
B. Services
• Agency shall maintain a caseload of 35 at all times of eligible clients;
• Agency shall dedicate a minimum of 25 men's emergency shelters beds and 10 women's
emergency shelter beds for individuals participating in the rapid exit program;
• Agency shall provide the 35 participants an assigned bed, an assigned locker and three
meals per day for up to 90 days;
• Agency shall assist clients in directly obtaining employment, enrolling in employment
training or finding other ways to obtain permanent housing;
• Agency shall host five (5) shared housing forums to help guests with income find
roommates and develop skills to increase housing success;
Supportive Services Agreement—Exhibits Page 15 of 24
• Agency shall provide housing unit search assistance as necessary;
• Agency shall provide assistance to clients in completing rental applications and signing
leases as necessary;
• Agency shall provide funding, as available and necessary, for clients to assist them move
to stable housing;
• Agency may use funds to assist clients, as specifically allowed in Exhibit B, with
apartment application fees, administration fees, security deposits, high risk fees,
opportunity fees and first month's rent; and
• Agency may use funds to provide a second month's rent on a case by case basis and as
allowed in Exhibit B.
Evaluation:
Evaluation meetings will be held with Directions Home staff to continually evaluate program and
Agency shall comply as necessary and in good faith.
Financial reporting:
Reimbursement Request and any necessary supporting documentation and reports will be
submitted by the 15th of every month in format of Exhibit "C".
Programmatic reporting:
Monthly reports will be submitted by the 15th of every month in format of Exhibit"D". Quarterly
reports will be submitted by the 15th of July, October, January and April in the format of Exhibit
«D99.
Supportive Services Agreement—Exhibits Page 16 of 24
EXHIBIT "B"
BUDGET
Agency will submit invoice for reimbursement by the 15t' of the month following the month
services were provided.
This report shall itemize each monthly expense requested for reimbursement by the Agency and
shall be included in Budget submitted. In order for this report to be complete the following must
be submitted:
For payroll expenses, timesheets signed and dated by employees and approved by
supervisor for all payroll expenses listed with the code of time being billed to
City/Directions Home. Paystub must include pay period, date paid, amount and
expenses (salary, FICA, benefits etc). If pay stubs are unavailable, payroll registries
with applicable expenses highlighted and labeled will suffice. Agency may not submit
payroll expenses dated 60 calendar days prior to the date of the Reimbursement Request
with the exception of the first Reimbursement Request which may include items from
the Effective Date of the Agreement to the end of the reporting month.
For non-payroll expenses, invoices for each expense listed. Agency may not submit
invoices dated 60 calendar days prior to the date of the Reimbursement Request with
the exception of the first Reimbursement Request which may include items from the
Effective Date of the Agreement to the end of the reporting month.
Proof that each expense was paid by the Agency, which proof can be satisfied by
cancelled checks. . If a cancelled check is not possible, a bank statement with the
expense highlighted and labeled will suffice.
If allocations percentages are used, all documentation must be submitted with the first
month's invoice.
For the audit, bank statements showing payments, Form 941 s and allocation
documentation will be reviewed.
Reimbursement Requests shall be submitted to:
City Manager's Office
Directions Home
Attention Tara Perez
200 Texas Street
Fort Worth TX 76102
Supportive Services Agreement—Exhibits Page 17 of 24
PROGRAM COSTS Total
$165,000.00
A. PERSONNEL (By title)
Rapid exit/employment Case Manager $16,500.00
Rapid exit/employment Case Manager $16,500.00
Program Manager $5,500.00
E
PERSONNEL TOTAL: $38,500.00
. ........ .._.......... ...... .......
B.FRINGE BENEFITS
Social Secuity/N!edicare (FICA) $2,387.00
Health Insurance
__..,
Housing Incentive Pay $1,200 00
FRINGE BENEFITS TOTAL: j $8,870.00
C. MILEAGE
Mileage _ ..__.__. _.._. .._....__......__ __.. _...__..$1,448.00 1
MILEAGE TOTAL:
D. CELL PHONES/EQUIPMENT
Cell phones $563.00
Computers $2,455.00
CELL PHONES/E UIPMENT TOTAL: $3,018.00
� E
E. CLIENT EXPENSES
Client Exams*__ ' $103�164.66
CLIENT EXPENSES TOTAL: $103,164.00 !
..�_...___ _....w _ __.. _ .....____.__._. .._ ._.__.. 00
� I I
F. OTHER APPROVED
. z
}_._�__._....__._. ___....,.._........_____......._. .......... .............. ........ ......... ................. ...... ... ........... ._..._.._.. .._.........__.............
AdminlsbWve Costs $10,000.00
OTHER APPROVED TOTAL: $10,000.00 t
� k
TOTAL PROGRAM COST $165,000.00
*Client expenses include apartment application fees, apartment administrative fees,
security deposits, high risk fees, opportunity fees, first month's rent, second month's rent,
bus passes, critical documents,job items (steel toed boots etc.) and shared housing mixers.
High risk fees and opportunity fees are extra charges for tenants without a rental history,
with an eviction history,with a criminal justice history and/or without income.
Supportive Services Agreement—Exhibits Page 18 of 24
EXHIBIT "C"
REIMBURSEMENT REQUEST FORM
Expenses Name of employee or Amount Date Check
client Invoiced No.
Expense: Personnel
Salary
Salary
Salary
Salary Total:
FICA (Medicare/Social Security)
FICA (Medicare/Social Security)
FICA (Medicare/Social Security)
Health Insurance
Health Insurance
Health Insurance
Dental Insurance
Dental Insurance
Dental Insurance
Life Insurance
Life Insurance
Life Insurance
Disability Insurance
Disability Insurance
Disability Insurance
Retirement
Retirement
Retirement
Unemployment Insurance
Unemployment Insurance
Unemployment Insurance
Workers Compensation
Workers Compensation
Workers Compensation
Total of all Benefits:
Mileage
Mileage
Mileage
Mileage Total:
Cell phone
Cell phone
Supportive Services Agreement—Exhibits Page 19 of 24
Cell phone
Cell Phone Total:
Type of Client
Expense/Vendor
Client Expense Total:
OperationsNendor:
Operations Total:
Other
Other Total:
Total Invoiced Amount
Attestation
Contractor:
Program:
Name of Person submitting
report:
Date Range Covered by this
report:
I have reviewed this report and
certify that it is a complete,
accurate, and up-to-date
reflection of the services
rendered under the terms of our
Agreement with the City of Fort
Worth.
Signature:
Total
A B C D E
Total Previous This Remaining
Budget Reimbursements Months Total Request Balance Available
Budget Category Amount Requested Request to Date (B+D) (A-D)
Personnel
Fringe Benefits
Mileage
Cell
phone/Equipment
Client Costs
Other
Total
Supportive Services Agreement—Exhibits Page 20 of 24
EXHIBIT "D"
REPORTING FORMS
Quarterly Report
Current Reporting
Quarter
Submitting Agency
Contact Name
Phone Number and
Email
Remit Address
Please include outcome narrative that describes how measure was accomplished for each
quarter.
Effectiveness Measures and'Quarterly Outcomes
Measure 1 . At least 80% of clients without employment will obtain employment
within 45 days of program entry;
Outcome
Measure 2 . At least 75% of clients will obtain housing within 30 days of obtaining
employment (of 30 days from program entry if employed at program
entry);
Outcome
Measure 3 . Less than 15% of clients will return to homelessness one year after
program exit;
Outcome
I have reviewed this report and certify that the measures provided are accurate and
appropriately reflect the Directions Home goals set forth in the contract.
Supportive Services Agreement—Exhibits Page 21 of 24
Authorized Signatory Signatory Title
Date
Monthly Report
If the new Tarrant County Homeless Coalition software system is able to pull data included in
monthly reports included herein and Directions Home staff confirms and agrees in writing, those
reports can be substituted for reports included herein.
Enter all clients in this report.
Employed Date Days from Income at
Name/HMI Date at Entry Income Obtained Entry to exit
5 ID Enrolled Yes/No at entry Employment Employment
Supportive Services Agreement—Exhibits Page 22 of 24
Days to
Date Housed
Housed from Entry
or Date Returns at Returns at Returns at Date
Employment discharged Agency 3 months 6 months 1 yr Returned
Supportive Services Agreement—Exhibits Page 23 of 24
EXHIBIT "E"
REQUEST FOR BUDGET MODIFICATION
Date
Submitting Agency
Contact Name
Phone Number and Email
Remit Address
PROGRAM COSTS
Budget Category Approved Budget Change Requested Revised Budget
Personnel
Fringe Benefits
Mileage
Cell Phones/Equipment
Client Costs
Other Approved
Total Costs
• Up to 5% of any budgeted line-item does not need prior approval but form must be sent
to City with monthly RFR
• More than 5% of any budgeted line-item must have prior City approval
• An increase in a zero line-item must have prior City approval
Modification Narrative describe in detail what change is for
I have reviewed this request and certify that the listed modifications are correct.
Authorized Signatory Signatory Title
Date
STAFF USE ONLY
Modification Approved Modification NOT Approved
Staff Signature Date
Supportive Services Agreement—Exhibits Page 24 of 24
Official site of the City of Fort Worth,Texas
�� �� ��
,���� ,�������� AGENDA
���-�� ��'.,'��� ���-
COUNCIL ACTION: Approved on 4/2/2019
__-�_-:7 -,___ '- =_=,='-_ � , _ _,::_-7__.-i_7�
REFERENCE U2D|RECT|ONSHOK�E
DATE: 4/2/2U10 C-20U83 L0�� ��yNE'
NO.: ' CONTRACTS
NON' PUBLICCODE: C TYPE: NO
CONSENT HEARING:
SUBJECT: Authorize Execution of Agreements with Listed Public Service Agencies in an Amount Up
to $1,758,668.00 for an Initial Six-Month Term for the Continuation of Directions Home
Initiatives and Authorize Renewal Options for Fiscal Year 2020 in a Combined Amount
Upto $3.O30.156.UO (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
|tio recommended that the City Council:
1. Authorize the City Manager or his designee to execute agreements with agencies listed below in a
combined amount up to$1,758,668.00 for a term commencing April 1, 2019 and terminating September 30,
2O10 for the continuation of Directions Home iniUn1ivoo�
.
2. Authorize the City Manager or his designee to renew the agreements for Fiscal Year 2020 with the
agencies listed below for up to one year in a combined amount up to $3,930,156.00 for the continuation of
Directions Home initiatives in order to align Directions Home program year with the City's fiscal year;
3. Authorize the City Manager or his designee to amend the agreements if necessary to achieve program
goals provided that the amendment is within the scope of the program and in compliance with City policies
and applicable laws and regulations.
DISCUSSION:
On June 17, 2008, the City adopted Directions Home, the City's plan to make homelessness rare, short-
termandnonvecurring (ReooluUonNo 3G28'OG'2UU8). The United Way of Tarrant County (United Way) has
served as the fiscal and grant-making agent for public and private funds in support of Directions Home for
the previous 10 years. This year, there are two changes regarding the expenditure of Directions Home's
funds. The City will now serve as the fiscal and grant-making agent due to United Way's capacity issues,
and the Directions Home April to March program year will be changed to align with the City's Fiscal Year
beginning October 1, 2010.
Because the initial term of the agreements is six months, only a portion (up to $1,758,668.00) of the Fiscal
Year 2019 (FY1 9) Directions Home budget will actually be expended during FY1 9. Residual funds from
FY2O10 will be addressed during the FY2U20 (FY2U) budget development. For FY2O. the total amount for
the renewals will be up to $3,930,156.00. This amount includes the anticipated budget for Directions Home
for FY20 as well as the unspent funds from FY1 9. The exact amount of the renewals will be determined at
the beginning ofFY2Owhen the actual budget is known. This one-time structure will allow Directions Home
to align with the C\ty'u Fiscal Year while continuing to further its program goals without disrupting necessary
services. The rollover of funding caused by this structure will allow Directions Home to support one-time
innovative programs to reduce fam ily/ch ild hood homelessness. The Directions Home contract cycle will be
in line with the City'o Fiscal Year beginning in Fiscal Yenr2O21.
Directions Home staff issued a Request for Proposals through the City's Purchasing Division on February 6,
2010. The solicitation was advertised in the on FebruaryG. 13. 20. and 27. The
City closed the RFP on February 28, 2019. In order to align with the City's Fiscal Year, the Directions Home
RFP included funding for an initial six-month herm. April 1 - September3U of2O10 (Initial Term), with n
renewal ofupto n year atthe City'o discretion.
City staff recommends awarding agreements to the listed agencies in the listed amounts:
Program Description Agency Funding FY 19 Funding FY 20
Case Management Assisting clients in My Health, My Up to Up to$360,000.00
for Permanent setting and fulfilling Resources of Tarrant $180,000.00
Supportive Housing goals such as County(MHMR)
Clients health,education,
employment,
housing stability for
150 permanent
supportive housing
clients
Case Management Case Management Day Resource Center Up to Up to$300,000.00
for Permanent for Permanent for the Homeless d/b/a $150,000.00
Supportive Housing Supportive DRC Solutions
Clients Housing
Clients Assisting
clients in setting
and fulfilling goals
such as health,
education,
employment,
housing stability for
75-125 permanent
supportive housing
clients(depending
on voucher
availability for
permanent
supportive
housing)
Rental Assistance Provide rental Housing Authority of the Up to Up to$715,000.00
and Administration assistance(which City of Fort Worth dba $357,500.00
for Permanent is the difference Fort Worth Housing
Supportive Housing between Fair Solutions
Clients Market Rent and
the client's 30%
contribution of
income, if
applicable)to
landlords of up to
85 permanent
supportive housing
clients;
Mental Health Focus on housing My Health, My Up to Up to$150,000.00
Services for stability by Resources of Tarrant $75,000.00
Permanent addressing County(MHMR)
Supportive Housing addiction, mental
Clients health,social,
coping skills and
other adjustment
difficulties;
Rapid Rehousing Maximize state and SafeHaven of Tarrant Up to Up to$107,056.00
federal rapid County $53,528.00
rehousing rental
assistance funds
by funding case
management for
rapid rehousing
clients
Rapid Maximize state and Center for Transforming Up to Up to$137,948.00
Rehousing federal rapid Lives $68,974.00
rehousing rental
assistance funds
by funding case
management for
rapid rehousing
clients
Rapid New program to The Presbyterian Night Up to Up to$330,000.00
Exit/Employment improve the flow at Shelter of Tarrant $165,000.00
Case Management emergency County, Inc.
shelters and
reduce
homelessness by
quickly connecting
clients who need
very limited
assistance with
housing;
Cold Weather Prevent anyone The Presbyterian Night Up to Up to$200,000.00
Overflow Emergency from needing to Shelter of Tarrant $100,000.00
Shelter Operations sleep outside in County, Inc.
severe cold
weather conditions;
Critical Documents Produce Day Resource Center Up to Up to$150,000.00
Clerk and Funding documents for the Homeless d/b/a $75,000.00
necessary for DRC Solutions
housing and
employment for
clients
experiencing
homelessness;
Direct Client Services Provide one time Tarrant County Up to Up to$400,000.00
Fund funds to quickly Homeless Coalition $200,000.00
divert or rapidly exit
households from
the homeless
system
Navigators Reduce the length Tarrant County Up to Up to$67,336.00
of time homeless Homeless Coalition $33,668.00
by assisting
assigned clients
with unit location
and gathering
documentation for
clients at the top of
the permanent
supportive and
rapid rehousing
lists
Reducing New program to The Presbyterian Night Up to Up to
Family/Childhood reduce the number Shelter of Tarrant $300,000.00 $1,012,820.00
Homelessness of literally County, Inc.
homeless families
Because the exact amount of funding for FY20 cannot be determined at this time, the amounts included for
FY20 are estimates based on current funding and the anticipated Directions Home budget for FY20. In the
event that Directions Home funding in FY20 is less than anticipated, the funding included for the listed
agencies for FY20 will remain the same except for funding for reducing family and childhood homelessness
(The Presbyterian Night Shelter of Tarrant County, Inc) and funding for direct client services (Tarrant County
Homeless Coalition), which will be decreased to the extent necessary to match actual available funding. This
M&C authorizes the City Manager or his designee to approve the renewal amounts up to the amounts listed
above, including any decreases for the specified agencies necessary to bring the total renewal amounts in
line with actual FY20 funding. Agencies impacted by a decrease in funding will be notified as soon as
practicable.
Directions Home services and programs are available in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget as appropriated, of
the General Fund and that prior to an expenditure being made; the City Manager's Office has the
responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
10100 0022002 5330201 2019 $1,758,668.0
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Tara Perez (2235)
Additional Information Contact: Tara Perez (2235)
ATTACHMENTS
1295 Navigation signed Redacted.pdf
CTL Form 1295 CFW DH RRH 2O19 Redacted.pdf
MC Directions Home Budget.pdf
RFP 1295 Redacted.pdf