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HomeMy WebLinkAboutContract 52336 e� Q CITY SECRETARY GX CONTRACT NO. 5 233 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND HOUSING AUTHORITY OF THE CITY OF FORT WORTH DBA FORT WORTH HOUSING SOLUTIONS FOR RENTAL ASSISTANCE AND ADMINISTRATION This AGREEMENT for rental assistance and administration("Agreement") is made and entered into by and between the CITY OF FORT WORTH, a Texas home rule municipality ("City"), and HOUSING AUTHORITY OF THE CITY OF FORT WORTH DBA FORT WORTH HOUSING SOLUTIONS, a Texas housing authority ("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 housing retention of formerly chronically homeless clients; 3. WHEREAS, Agency was created to provide affordable housing for low income families; 4. WHEREAS, Agency has a 20-year history of administering rental programs for people exiting homelessnessi 5. WHEREAS, Agency submitted a proposal to provide rental assistance and administration for formerly chronically homeless clients; and 6. 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; � �� ��� RECORD 3. Exhibit"B"—Budget; 4. Exhibit"C"—Reimbursement Request Form CITY SECRETARY FT. WORTH,T% CITY OF FORT WORTH Agreenient for Homeless Services—HOUSING AUTHOi?ITY OF THE CITY OF FORT WORTH DBA FORT WORTH HOUSING SOLUTIONS—RENTAL ASSISTANCE AND ADMINISTRATION 5. Exhibit"D"—Reporting Forms 6. Exhibit"E"-- Request for Budget Modification Form 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 rental assistance and administration 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 CITY OF FORT WORTH Page 2 of 23 Agreement for Homeless Services—DOUSING AUTHORITY OF THE CITY OF FORT WORTH DBA FORT WORTH HOUSING SOLUTIONS—RENTAL ASSISTANCE AND ADMINISTRATION 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 1-year term. 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 $357,500.00 ("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 15th 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 "HOUSING AUTHORITY OF THE CITY OF FORT WORTH DBA FORT WORTH HOUSING SOLUTIONS — RFR Month — Rental Assistance and Administration" 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 CITY OF FORT WORTH Page 3 of 23 Agreement for Homeless Services—HOUSING AUTHORITY OF THE CITY OF FORT WORTH DBA FORT WORTH HOUSING SOLUTIONS—RENTAL ASSISTANCE AND ADMINISTRATION 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 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. CITY OF FORT WORTH Page 4 of 23 Agreement for liomeless Services—HOUSING AUTHORITY OF THE CITY OF FORT WORTH DBA FORT WORTH HOUSING SOLUTIONS—RENTAL ASSISTANCE AND ADMINISTRATION 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 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 CITY OF FORT WORTH Page 5 of 23 Agreement for Homeless Services--HOUSING AUTHORITY OF THE CITY OF FORT WORTH DBA FORT WORTH HOUSING SOLUTIONS—RENTAL ASSISTANCE AND ADMINISTRATION 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 respondent superior shall not apply as between City, its officers, agents, servants and employees, 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- TO THE EXTENT PERMITTED BYLAW, AGENCY HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LA WSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO AGENCY'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CA USED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF AGENCY, 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 CITY OF FORT WORTH Page 6 of 23 Agreement for Homeless Services—HOUSING AUTHORITY OF THE CITY OF FORT WORTH DBA FORT WORTH HOUSING SOLUTIONS—RENTAL ASSISTANCE AND ADMINISTRATION 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. 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 CITY OF FORT WORTH Page 7 of 23 Agreement for Homeless Services—HOUSING AUTHORITY OF THE CITY OF FORT WORTH DBA FORT WORTH HOUSING SOLUTIONS—RENTAL ASSISTANCE AND ADMINISTRATION (a) The commercial general liability and automobile liability policies shall name City as an additional insured thereon, as its interests may appear. The 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 CITY OF FORT WORTH Page 8 of 23 Agreement for Homeless Services—HOUSING AUTHORITY OF THE CITY OF FORT WORTH DBA FORT WORTH HOUSING SOLUTIONS—RENTAL ASSISTANCE AND ADMINISTRATION INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 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 Fort Worth Housing Solutions City Manager's Office Attn: Mary-Margaret Lemons, President Attn: Tara Perez,Directions Home Manager 1201 E. 131h Street 200 Texas Street Fort Worth TX 76102 Fort Worth, TX 76102-6314 Facsimile: (817) 333-3628 Facsimile: (817) 392- 2235 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 CITY OF FORT WORTH Page 9 of 23 Agreement for Homeless Services—HOUSING AUTIIORITY OF THE CITY OF FORT WORTH DBA FORT WORTH HOUSING SOLUTIONS—RENTAL ASSISTANCE AND ADMINISTRATION Agency's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW/VENUE. 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. CITY OF FORT WORTH Page 10 of 23 Agreement for Homeless Services—HOUSING AUTHORITY OF THE CITY OF FORT WORTH DBA FORT WORTH HOUSING SOLUTIONS—RENTAL ASSISTANCE AND ADMINISTRATION 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, 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 OF FORT WORTH Page 11 of 23 Agreement for IIomeless Se.vices -HOUSING AUTHORITY OF THE CITY OF FORT WORTH DBA FORT WORTH HOUSING SOLUTIONS—RENTAL ASSISTANCE AND ADMINISTRATION 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- 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 CITY OF FORT WORTH Page 12 of 23 Agreement for Homeless Services--HOUSING AUTHORITY OF THE CITY OF FORT WORTH DEA FORT WORTH HOUSING SOLUTIONS—RENTAL ASSISTANCE AND ADMINISTRATION 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. [SIGNATURE PAGE TO FOLLOW] CITY OF FORT WORTH Page 13 of 23 Agreement for Homeless Services—HOUSING AUTHORITY OF THE CITY OF FORT WORTH DBA FORT WORTH HOUSING SOLUTIONS—RENTAL ASSISTANCE AND ADMINISTRATION 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. ACCEPTED AND AGREED -- CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of By: this contract, including ensuring all performance and Name: tcrnando Costa reporting requirements. Title: Assistant City Manager Date: J (/� Name: Tara Perez APPROVAL RECOMMENDED: Title: Directions H4 Manager 'APPROVED AS TO FORM AND LEGALITY: By. "c Name: Tara Perez r -} v Title: Directions Home eh, ,4 Jo Ann Pate ATTEST: e: Assistant City Attorney 'CONTRACT AUTHORIZATION: y: 1295: X/9- 40,390 Mary J.Kayser Title: City Secretary HOUSING AUTHORITY OF THE CITY OF FORT WORTH D/B/A FORT WORTH HOUSING SOLUTIONS: ATTEST: By: By: Nam : Maryttarg r Lemons Name: va ey Title: Presi Title: Nota ublic, State of Texas Date: May 15, 2019 EVAC.KEY 43269 Expires August 15,2021 .�i CITY OF FORT WORTH o, Agreement for Homeless Services-HOUSING AUTHORITY OF THE CITY OF FORT WO TH DBA FORT WORTH HOUSING SOLUTIONS-RENTAL ASSISTANCE AND ADMINISTRATI rF'T WORTH,T EXHIBIT "A" SCOPE OF SERVICES RENTAL ASSISTANCE AND ADMINISTRATION HOUSING AUTHORITY OF THE CITY OF FORT WORTH DBA FORT WORTH HOUSING SOLUTIONS will do the following: Pay rental assistance to landlords of permanent supportive housing clients on a continuous basis. Although the clients may change, Agency shall provide rental assistance to approximately 85 clients at all times during the term of this Agreement. While the goal is 85 households at any given time, this number will fluctuate based on speed of referrals which is not something Agency controls. Eligible clients are those currently on the Directions Home permanent supportive housing program and those who are chronically homeless in the City of Fort Worth and referred by Tarrant County Homeless Coalition from the Coordinated Entry list for permanent supportive housing Pay application fees, apartment administrative fees, security deposits, high risk fees and opportunity fees as funds are available and in consultation with Directions Home staff. High risk fees are extra charges for tenants without a rental history, with an eviction history, with a criminal justice history and/or without income. Agency will: • Process applications for assistance within seven(7) days of receiving completed applications, • Assign clients to a particular funding source • Conduct housing briefings within seven(7) days, • Facilitate initial and subsequent apartment inspections, • Oversee the resolution of inspection deficiencies, • Notify client's case manager within three (3) days if a client fails inspection, • Maintain documents and records, work with Agencies and the City to further the goals of the Directions Home Program and the Housing First philosophy. • Enter client records in Homeless Management Information System(HMIS) within three (3) days of service provision Supportive Services Agreement—Exhibits i Page 15 of 23 • Submit on time monthly list of newly housed clients with the date application was received, date application completed, date given voucher, date of inspection and date moved in. • Agency will ensure that 100% of new clients who receive Directions Home rental assistance funds are pulled from the Coordinated Entry system. The only exception is a client being transferred from another permanent supportive housing program and this requires written approval of Directions Home manager. The goal is to provide rental assistance to 85 households at any given time. Directions Home staff may lower the number of households if alternate funding sources are identified. 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 15Ih of every month in format of Exhibit"C". Programmatic reporting: Monthly reports will be submitted by the 15'h of every month in format of Exhibit"D". Quarterly reports will be submitted by the 151h of July, October, January and April in the format of Exhibit"D". Supportive Services Agreement--Exhibis Page 16 of 23 EXHIBIT "B" BUDGET Agency will submit invoice for reimbursement by the 15" 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 23 Total $357,500.00 A. PERSONNEL(By titled Directions Home Coordinator $35,807.44 PERSONNEL TOTAL: $35,807.44� B. FRINGE BENEFITS__ HrFR_I alth coverage/Retirement $12,532.561, NGE BENEFITS TOTAL: $12 532.56 C. MILEAGE MILEAGE TOTAL: D. CELL PHONES/EQUIPMENT CELL PHONES/EQUIPMENT TOTAL: i E. CLIENT EXPENSES Client Expenses* „� $308 100.00 CLIENT EXPENSES TOTAL: $308 100.00 F. OTHER APPROVED Office Supplies� �w $250.00 HMIS fee $810.00 OTHER APPROVED TOTAL: M � � $1,060.00 TOTAL PROGRAM COST: ? _ $357,500.00 *Client Expenses are defined as rental assistance,application fees,apartment administrative fees, security deposits, high risk fees and opportunity fees. High risk fees and opportunity fees are sometimes charged to clients without a rental history, clients with evictions, clients with criminal background histories and/or clients without income. Supportive Services Agreement—Exhibits Page 18 of 23 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 Supportive Services Agreement—Exhibits Page 19 of 23 Cell phone Cell phone Cell Phone Total: Type of Client Expense/Vendor Client Expense Total: Operations/Vendor: 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 Month's 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 23 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 Agency will complete the application-to-voucher process within seven(7)business days for a minimum of 90% of clients 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. Authorized Signatory Signatory Title Date Supportive Services Agreement—Exhibits Page 21 of 23 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 new clients on this report. Date Date Date First Last Application Application receive Date of Date Name Name Agency Received Completed voucher Inspection Moved In Supportive Services Agreement—Exhibits Page 22 of 23 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 23 of 23 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTI COUNCIL ACTION: Approved on 4/2/2019 ___ ___ _ __ __ DATE: 4/2/2019 REFERENCE C-29083 LOG NAME: 02DIRECTIONS HOME NO.: CONTRACTS CODE: C TYPE: NON- PUBLIC CONSENT HEARING: NO 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 Up to $3,930,156.00 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is 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, 2019 for the continuation of Directions Home initiatives; 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- term and nonrecurring (Resolution No. 3628-06-2008). 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, 2019. Because the initial term of the agreements is six months, only a portion (up to $1,758,668.00) of the Fiscal Year 2019 (FY19) Directions Home budget will actually be expended during FY19. Residual funds from FY2019 will be addressed during the FY2020 (FY20) budget development. For FY20, 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 FY19. The exact amount of the renewals will be determined at the beginning of FY20 when the actual budget is known. This one-time structure will allow Directions Home to align with the City's 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 family/childhood homelessness. The Directions Home contract cycle will be in line with the City's Fiscal Year beginning in Fiscal Year 2021. Directions Home staff issued a Request for Proposals through the City's Purchasing Division on February 6, 2019. The solicitation was advertised in the Fort Worth Star-Telegram on February 6, 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 term, April 1 - September 30 of 2019 (Initial Term), with a renewal of up to a year at the City's 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 !!� epartment Account Project Program Activity Budget Reference# Amount ID I I ID I I 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.odf