HomeMy WebLinkAboutContract 53313 CITY SECRETARYS 3
CONTRACT NO.
�OG�Do��o GREEMENT BETWEEN THE CITY OF FORT WORTH AND HOUSING
HORITY 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 h
("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: Maldng Homelessness Rare, Slaort-
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 received an award of$458,127.00 from the Texas
Department of Housing and Human Services ("TDHCA") through its Homeless Housing
and Services Program("HHSP");
3. WHEREAS, the purpose of the HHSP award is to provide assistance to reduce or prevent
homelessness;
4. WHEREAS, the provision of rental assistance to permanent supportive housing clients is
an eligible activity and in line with the Directions Home plan;
5. WHEREAS, the Agency is currently providing rental assistance and administration
through HHSP for at least 60 permanent supportive housing clients per year;
6. WHEREAS, Agency has a 20-year history of administering rental programs for people
experiencing homelessness;
7. 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: == VVV CJA k RLC 0 111F0
1. This Agreement for Supportive Services; CN n` 5FCVETARV
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Agreement for Homeless Services—HOUSING AUTHORITY OF THE CITY OF FORT WORTH DBA
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2. Exhibit"A"—Scope of Services;
3. Exhibit"B"—Budget;
4. Exhibit"C"—Reimbursement Request Form
5. Exhibit"D"—Reporting Forms
6. Exhibit"E"--Request for Budget Modification Form
7. Exhibit"F"—Grant Requirements
Exhibits "A", "B", "C", "D", "E", and "F" 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" "E" or "F" 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 perfonnance 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 perfonnance of the work described in Exhibit"A".
1.2.3 Agency agreed to provide a quarterly report in the fonn attached as Exhibit"D"to
document the perfonnance 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.
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1.2.6 Agency agrees to comply with all requirements for performance, eligibility, and
reporting as described in Exhibit F—Grant Requirements.
2. TERM.
This Agreement shall begin on September 1, 2019 ("Effective Date") and shall expire on
August 31, 2020 ("Expiration Date"), unless terminated earlier in accordance with this
Agreement.
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 shall not exceed
$458,127.00.("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 teen.
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—HHSP 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
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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 tern.
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
responsible for any money spent in excess of the not to exceed amount included in this Agreement
for the then-current tenn.
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@fortwortlitexas.gov or mail to 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 tenninate 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
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City and in accordance with this Agreement up to the effective date of terinination. 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 fornat or other fornat deemed
acceptable to City.
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.
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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 perfonned 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
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-AGENCY HEREBY COVENANTS AND,
TO THE EXTENT PERMITTED BYLAW,AGREES TO INDEMNIFY, HOLD HARMLESS
AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM
AND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANYKUVD 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
A GREEMENT, TO THE EXTENT CA USED BY THE NEGLIGENT A CTS 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
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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.
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
$5009000 - 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
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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 coininercial general liability and automobile liability policies shall
naive 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, the requirements in
Exhibit F pertaining to performance, reporting, and compliance, 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.
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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, assistance provided under this
Agreement, 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 THE EXTENT PERMITTED BY LAW, 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 Fart Worth Housing Solutions
City Manager's Office Attn:_Mary-Margaret Lemons, President
Attn: Tara Perez,Directions Home Manager P.O. Box 430
200 Texas Street Fort Worth TX 76101-0430
Fort Worth, TX 76102-6314 Facsimile: (817) 332-4830
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.
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It is understood and agreed that by execution of this Agreement, City does not waive or
surrender any of its govermnental powers or imtnunities.
16. NO WAIVER.
The failure of City or Agency to insist upon the performance of any tern 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.
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".
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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,
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
conforrns 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 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, to the extent permitted by
law, indemnify City from any penalties or liabilities due to violations of this provision. City shall
have the right to immediately tenninate this Agreement for violations of this provision by Agency.
27. OWNERSHIP OF WORK PRODUCT.
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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-
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 tenns "boycott Israel"
and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Govermnent 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 tenn of the contract.
CITY OF FORT WORTH Page 12 of 26
Agreement for Homeless Services—HOUSING AUTHORITY OF THE CITY OF FORT WORTH DBA
FORT WORTH HOUSING SOLUTIONS—RENTAL ASSISTANCE AND ADMINISTRATION
31. CONFIDENTIAL INFORMATION
Agency acknowledges that the City is a goverm-nental 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.
[SIGNATURE PAGE TO FOLLOW]
CITY OF FORT WORTH Page 13 of 26
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.
CITY OF FORT WORTH:
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
/ this contract,including ensuring all performance and
By. reporting requirements.
Name: Fernando Costa
Title: Assistant City Manager
Date: 1g11.9 /9 By:
Name: Tara Perez
APPROVAL RECOMMENDED: Title: Directions Home M er
APPROVED AS TO FORM AND LEGALITY:
By: 'Wame:
Mo
Tara Perez '
Title: Directions Home a ager By:
o Pate
ATTEST: Ti 1e• Assistant City Attorney
` NSe-'.,
� } CONT CT AUTHORIZATION:
s'J °I M&C: 101- O 111 08/o27/1°1
By: 295: N Pt
Name: Maly J.K yr�
Title: City Secreta 1
~d
Agency:
ATTEST:
By. L4/Y/
Name ary-M gare emons By:
Title: Preside t Name: Heather Raiden,General Counsel
Date:
� II
CITY OF FORT WORTH Pate14 of 26
Agreement for Homeless Services—HOUSING AUTHORITY OF THE CITY OF FORT WORTH DBA
FORT WORTH HOUSING SOLUTIONS—RENTAL ASSISTANCE AND ADMINISTRATION
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:
Agency shall comply with all requirements in the attached TDHCA contract, except for those
that require the City of Fort Worth to submit information to TDHCA,—including eligible
expenses, programmatic and financial reporting, and compliance—as set forth in Exhibit F
Agency shall pay rental assistance to landlords of pennanent supportive housing clients on a
continuous basis. Although the clients may change, Agency shall provide rental assistance to at
least 55 clients each month during the term of this Agreement.
Eligible clients are those currently on the HHSP 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.
Agency shall 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,
• 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 Horne Program and the Housing First philosophy.
• Enter client records in Homeless Management Information System(HMIS) within three
Supportive Services Agreement—Exhibits Page 15 of 26
(3) days of service provision
• 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 at least 55 households at any given time.
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 15t"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"D".
Supportive Services Agreement—Exhibits Page 16 of 26
EXHIBIT "B"
BUDGET
Agency will submit invoice for reimbursement by the 1511 of the month following the month
services were provided.
This report shall itemize each monthly expense requested for reitnbursernent 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 staternent 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 941s 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 26
PROGRAM COSTS Total
$458,127.00
A. PERSONNEL (By title)
Directions Home Coordinator 10,951.57
Special Programs Director 3,225.00
Inspector 5,026.28
Housing Clerk 3,702.65
PERSONNEL TOTAL:
B. FRINGE BENEFITS
Health coverage/Retirement
FRINGE BENEFITS TOTAL:
C. MILEAGE
MILEAGE TOTAL:
D. CELL PHONES/EQUIPMENT
CELL PHONES/EQUIPMENT TOTAL:
E. CLIENT EXPENSES
Client Expenses*
CLIENT EXPENSES TOTAL: $435,221.00
F. OTHER APPROVED
Office Supplies
HMIS fee
OTHER APPROVED TOTAL:
TOTAL PROGRAM COST: $458,127.00
*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 19 of 27
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 26
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
Tota I
Supportive Services Agreement—Exhibits Page 20 of 26
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
Outcorrre
I have reviewed this report and certify that the measures provided are accurate and
appropriately reflect the Directions Horne goals set forth in the contract.
Authorized Signatory Signatory Title Date
Supportive Services Agreement—Exhibits Page 21 of 26
Monthly Report I
Texas Department of Housing and Community Affairs
Supplemental HHSP Monthly Report Collection Form
Subrecipient or
Vendor Name: Reporting Month
Is this report
adjusting a prior
Contract Number: month?
Contract Term: If"Yes",what is the
reason for the
adjustment request?
HHSP Monthly
Performance
Report
Total Services Unduplicated HHSP
Entries
Total Services for Persons
Persons Entering 0 Entering 0
Total Services for
Households Households
Entering 0 Entering 0
Unduplicated_ Unduplicated
Unduplicated Race Ethnicity Gender Unduplicated Age
American Non-
Indian/Alaska Hispanic/Non-
Native 0 Latino 0 Male 0 Under 18 0
Asian 0 Hispanic/Latino 0 Female 0 18-24 0
Black/African- Ethnicity Trans Female
American 0 Unknown 0 (MTF) 0 25-61 0
Native
Hawaiian/Pacific Trans Male
Islander 0 (FTM) 0 62 and over 0
Gender Non-
White 0 Conforming 0 Age Unknown 0
Gender
Race Unknown 0 Unknown 0
Total
Total Race 0 Ethnicity 0 Total Gender 0 Total Age FO
Supportive Services Agreement—Exhibits Page 22 of 26
HHSP General Set-Aside Reporting
Unduplicated Special Activities by Persons Activities by Outcomes New Beds
Populations Households
Essential Essential Homeless
Persons in at least Services- Services- Persons
one special Homeless Homeless Maintained 3+ Shelter Beds
population 0 Persons 0 Households 0 Months 0 Constructed 0
Essential Homeless
Essential Services-At Households
Victims of Services-At Risk Maintained 3+ Shelter Beds
Domestic Violence 0 Risk Persons 0 Households 0 Months 0 Rehabilitated 0
At Risk
Unaccompanied Persons
Children(Under HA Maintained 3+ Shelter Beds
18) 0 HA Persons 0 Households 0 Months 0 Converted 0
At Risk
Households
Unaccompanied HP Assistance HP Assistance Maintained 3+ TL Beds
Youth(18-24) 0 Persons 0 Households 0 Months 0 Constructed 0
Households
Parenting Children Persons Using Using
and Youth(24 and Day/Night Day/Night TL Beds
under) 0 Shelter 0 Shelter 0 Rehabilitated 0
Case Case
Children of Management- Management-
Parenting Youth Homeless Homeless TL Beds
(Under 18) 0 Persons 0 Households 0 Converted 0
Case Case
Management- Management-
At Risk At Risk
Veterans 0 Persons 0 Households 0
Supportive Services Agreement—Exhibits Page 23 of 26
HHSP Monthly Expenditure Report
Total Non-
Budgeted Drawn To Available Program This Draw
Category Amount Date Balance Monthly Fund Amount
Expenditures Credit
$ $ $ $ $
Administration - - -
$ $ $ $ $
Case Management Salary - -
Constiuction/Rehabilitation/Convetsion - -
$ $ $ $ $
Essential Services - - -
$ $ $ $ $ $
Homelessness Assistance - - - -
Homelessness Prevention - - -
Shelter Operations - - -
$ $ $ $ $ $
TOTAL: - - - - -
Monthly Report II
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 24 of 26
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 anal certify that the listed modifications are correct.
Authorized Signatory Signatory Title
Date
STAFF USE ONLY
0 F—I
Modification Approved Modification NOT Approved
Staff Signature Date
Supportive Services Agreement—Exhibits Page 25 of 26
EXHIBIT F
GRANT REQUIREMENTS
Supportive Services Agreement—Exhibits Page 26 of 26
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/27/19 M&C FILE NUMBER: M&C 19-0111
LOG NAME: 02HOMELESS HOUSING AND SERVICES PROGRAM
SUBJECT
Authorization to Accept Grant and Enter into Contract with Texas Department of Housing and
Community Affairs (TDHCA) for Homeless Housing and Services Program Funds (HHSP) for
$458,127.00, Authorize the Execution of SubGrant Agreement with Housing Authority of the City of
Fort Worth DBA Fort Worth Housing Solutions to Provide Rental Assistance, Adopt Appropriation
Ordinance, and Adopt Resolution (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize acceptance of grant and the entering into contract with the Texas Department of
Housing and Community Affairs for the Homeless Housing and Services funds for$458,127.00;
2. Authorize the execution of contract with Fort Worth Housing Solutions to provide rental
assistance to at least 60 permanent supportive housing clients;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grant Operating State Fund in the amount of$458,127.00 upon notification of award; and
4. Adopt the attached Resolution.
DISCUSSION:
The State of Texas provides grant funding for the Homeless Housing and Services Program
(HHSP) administered by the Texas Department of Housing and Community Affairs (TDHCA)
to nine municipalities with a population of 285,500 or greater, including the City of Fort Worth.
The HHSP funds may be used to provide rental assistance, case management and other services
or housing options to reduce homelessness. The HHSP grant funds are currently used by Fort
Worth Housing Solutions to provide rental assistance to 60 persons for permanent supportive
housing annually.
The State of Texas allows municipalities to designate a sub-recipient for TDHCA to contract with on
behalf of the recipient of HHSP funds. In the past, the City of Fort Worth designated the United Way
of Tarrant County to be the recipient of the grant. The United Way has requested to be removed as
the City of Fort Worth's sub-recipient due to capacity.
The City's Directions unit will administer the HHSP funds and monitor the sub-recipient, Fort Worth
Housing Solutions. The sub-recipient will continue to support the 60 permanent supportive housing
clients. As clients gain self-sufficiency, this grant will enable more people currently experiencing
homelessness to be housed. The subgrant agreement will be from September 1, 2019 to August
31, 2020.
This contract will be with a governmental entity, state agency or public institution of higher
education: Texas Department of Housing and Community Affairs (TDHCA).
An assistant city manager is authorized to execute contract.
If accepted, grant will begin on September 1, 2019.
A Form 1295 is not required because: This contract will be with a governmental entity, state agency
or public institution of higher education: TDHCA
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that, upon acceptance of the above recommendations, receipt of
the grant funding and adoption of the attached appropriation ordinance, funds will be available in
the Grant Operating State Fund, as appropriated.
This is a reimbursement grant. The Directions Home unit will be responsible for the verification and
submission of documents for these funds. Prior to expenditure being made, the Directions Home
unit has the responsibility to validate the availability of funds.
Submitted for City Manager's Office by. Fernando Costa 6122
Originating Business Unit Head: Tara Perez 2235
Additional Information Contact: Tara Perez 2235