HomeMy WebLinkAboutContract 43868 CITY amORETARY r�
CONTRACT We
AGREEMENT WITH UNITED WAY of TARRANT COUNTY
This agreement("Agreement") concerning certain programs serving the homeless is
between the City of Fort Worth ("city"), a home rule municipal corporation organized under the
laws of the State of Texas, acting by and through its duly authorized city Manager Tom Higgins
and the United Way of Tarrant County("United Way"), a non-profit agency, acting by and through
its duly authorized President and CEO Tim McKinney. (City and United Way may be referred to
herein individually as a "Party" and collectively as the"Parties").
RECITALS
City and United Way agree that the following statements are true and correct and
constitute the basis on which they have entered into their Agreement.
WHEREAS, City citizens, the Fort Worth Advisory Commission on Ending
Homelessness, and the City council have determined that provision of housing and supportive
services is a key strategy to ending homelessness in the City; and
WHEREAS, the city has allocated funding for the purpose of serving the homeless as
described in the City's homelessness plan, Directions Home: Making Homelessness Rare,
Short-Term and Non-Recurring in Fort Worth, Texas Within Ten Years("Directions
Home"); and
WHEREAS, United Way has joined the City in providing services to the homeless by
offering to serve as a funding conduit for the programs funded by the city as described in
Directions Home;and
WHEREAS, United Way and the City have previously entered an agreement on
December 18, 2008 regarding Directions Nome for 2009 ("Program Year I"), an agreement on
March 29, 2010 which expired on December 17, 2010 ("Program Year II"), an agreement on
December 7, 2011 for 2011 ("Program Year III"), an agreement on October 25, 2011 for 2012
("Program Year IV") and wish to enter an agreement for 2013 ("Program Year V").
NOW THEREFORE, the Parties agree as follows:
1. PURPOSE AND SCOPE,
The purpose of the Agreement is to set forth the terms and conditions under which the
City will provide United Way with $2,154,020.00 to implement the programs and services for city
residents who are homeless such as: supportive housing vouchers, services for housing
programs, shelter-based case management services, county-wide funding and services
coordination, an independent evaluation of the program, direct client services, mental health and
substance abuse services, housing specialist, critical documents clerk and Project Homeless
Connect, more particularly described in Directions Home(the "Program").
2. Term,
This Agreement shall commence at execution of this Agreement and will expire
September 30, 2013 unless terminated earlier in accordance with this Agreement. The Parties
may renew this Agreement for up to twelve (12) months by mutual written agreement if necessary
for the completion of the Program. The Parties shall execute such renewals no later th
01HICIAL RECORD
CITY SECAETARY
11 -09-12 P03 : 05 I N CRir")TX
FT,
(30)days prior to the expiration of the current term. In addition to termination for default pursuant
to Section 5, either Party may terminate this Agreement without cause upon ninety(90)days
written notice to the other Party, and neither Party shall have any further responsibility of liability
hereunder except for services previously rendered and payment for the same.
3. DUTIES OF THE PARTIES AND SERVICES PROVIDED.
3.1 United Way shall:
a. Select agencies to deliver the Program through a competitive Request for
Proposal process using the following criteria to evaluate the agencies:
1. Ability to work with the chronic homeless;
2. Willingness to collaborate with other agencies in serving the homeless;
3. Current and past performance on similar programs
b. create and maintain as necessary an allocation committee to allocate the City
funds, as defined below, to the selected agencies.
c. Require program performance and financial reports no less than quarterly from
the agencies selected to provide program components described in paragraph 4
below. Reports and records of selected Agencies will be accessible to the City.
3.2 City shall:
a. Assist United Way in designing Program objectives, initiatives and outcomes.
b. Assist United Way in the selection of each Agency.
c. Provide the City funds as defined below for United way to implement the
Program.
4. CONSIDERA"rION
a. city will disburse Fiscal Year 2013 funds ("City Funds") in a total amount not to
exceed $2,154,020.00 to United Way for Directions Home initiatives such as:
A. Permanent Supportive Housing Voucher Program provides rental
assistance and voucher-linked supportive service provided by partner
agencies;
B. Voucher-linked Supportive Services are coordinated by frontline case
managers to support tenants in housing;
C. Mental Health and Substance Abuse Program provides outreach, outpatient
services and inpatient treatment;
D. Shelter-based case Management facilitates transition out of homelessness
through program participation;
E. Direct client Services fill unmet needs that help people with increase housing
stability, employment, self-sufficiency and access to health services;
F. continuum of Care Planning and coordination implements multiple Directions
Home action items by the Tarrant County Homeless coalition the HUD
Designated continuum of care"Lead Agency";
G. Independent Evaluation ensures accountability for consumers, funders, and
and the public;
H. Housing Specialist will help homeless service providers locate and secure
quality, affordable, accessible housing;
1. Critical Documents Clerk will provide centralized intake and expedited
document processing services for people who are homeless;
J. Project Homeless Connect a one day, one stop services and hospitality fair
to be held in April, 2013;
K. Employment Specialists provide job coaching, resume and interview skills,
and job placement assistance for tenants and emergency shelter residents;
L. Tenant Based Supportive Services provide mental health assessment and
Supportive services to tenants.
b. City Funds shall be dispersed as follows: fifty percent (50%) of City funds at
execution of this Agreement and fifty percent(50%)of City Funds on March 15,
2013.
5. DEFAULT.
If either United Way or City fails, for any reason, to perform any provision or condition of
this Agreement, this Agreement may be terminated if the default continues for a period of thirty
(30)days after the notifying Party notifies the defaulting Party in writing of the default and its
intention to declare this Agreement terminated for cause. If the defaulting Party does not cure or
correct such breach within the thirty(30)day-period, the notifying Party shall have the right to
declare this Agreement immediately terminated, and neither Party shall have any further
responsibility or liability hereunder except for services previously rendered and payment for the
same.
6. GENERAL PROVISIONS.
6.1 Request for Information. United Way agrees to provide City with any
information on applicants or Program participants within two (2)weeks of the
request.
6.2 No Waiver. The failure of either Party to insist upon the performance of any
provision or condition of this Agreement or to exercise any right granted herein
shall not constitute a waiver of that Party's right to insists upon appropriate
performance or to assert any, such right on any future occasion.
6.3 SeverabilitY. The provisions of this Agreement are severable and if for any
reason a clause, sentence, paragraph, or other part of this Agreement shall
be determined to be invalid by a court or federal or state agency, board or
commission having jurisdiction over the subject matter thereof, such invalidity
shall not affect other provisions which can be given effect without the invalid
provisions.
6.4 Force Majeure. The Parties shall exercise their best efforts to meet their
respective duties and obligations hereunder, but shall not be held liable for
any delay in or omission of performance due to force majeure or other causes
beyond their reasonable control, including, but not limited to, compliance with
any state or federal law or regulation, acts of God, fires, strikes, lockouts,
national disasters, wars, riots, material or labor restrictions, transportation
problems or existing contractual obligations directly related to the subject matter
of this Agreement.
6.5 Venue and Jurisdiction. This Agreement shall be construed in accordance with
the laws of the State of Texas. Venue for any action brought on the basis of this
Agreement shall lie exclusively in the state courts located in Tarrant County,
Texas.
6.6 Entirety of Agreement. This Agreement, including all Exhibits attached hereto
and any documents incorporated herein by reference, contains the entire
understanding and agreement between City and United Way as to the work and
services to be performed. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with
the provisions of this Agreement.
6.7 Compliance with Laws, Ordinances, Rules and Regulations. The Agreement
is subject to all applicable federal, state and local laws, ordinances, rules and
regulations, including but not limited to all provisions of the City's charter.
6.8 Independent Contractors. United Way shall operate hereunder as an
independent contractor and not as an officer, agent, servant, or employee of city.
United Way shall have the exclusive control of, and the exclusive right to control
the work designated to be performed by United Way under the terms of this
Agreement, and of all persons performing the same and shall be solely
responsible for the acts and omissions of its officers, members, agents and
employees. Neither City nor United Way shall be responsible under the Doctrine
of Respondeat Superior for the acts of omissions of its officers, members,
agents, employees or officers of the other. No partnership or joint venture is
intended or formed between city and United Way by the Agreement.
6.9 Immunitv and Third Parties. It is expressly agreed that, in the execution and
performance of the Agreement, neither city nor United Way waives, nor shall be
deemed to-waive, any immunity or defense that would otherwise be available to it
against claims arising in the exercise of their respective powers and functions.
Nothing in the Agreement shall be construed to benefit any third party other than
an employee or officer of the city or United Way while in the performance of this
Agreement. This Agreement may not be construed to expand the liability of city
or United Way beyond the scope of Chapter 101 of the Texas Civil Practice and
Remedies Code, Vernon's Texas Codes Annotated, unless specifically stated
herein.
6.10 Amendment. No amendment, modification or alteration of this Agreement shall
be binding unless the same is in writing, dated subsequent to the date hereof and
executed by the Parties.
6.11 Nondiscrimination.
a. Neither City nor United Way nor any of their respective officers, members,
agents, servants, employees, Program participants or contractors, while
engaged in the performance of the Agreement, shall in connection with the
terms, conditions, or privileges of their employment, discriminate against
persons because of their age, except on the basis on a bona fide occupational
qualification, retirement plan, or statutory requirement.
b. City and United Way agree that in the execution, performance, or attempted
performance of this Agreement, they will not discriminate against any person
or persons because of gender, race, religion, color, sexual orientation, or
national origin, nor will United Way permit its officers, agents, servants,
employees, contractors or Program participants to engage in such
discrimination.
6.12 Notice of Claims. United Way and City agree to notify the other promptly upon
the receipt of any claim or lawsuit brought in connection with any injury, death or
damages related to the Agreement. United Way and City agree to make their
respective officers, agents, servants and employees available at all reasonable
times for any statements and case preparation for the defense of any claims or
litigation for which the other Party may be responsible hereunder.
6.13 Headings. Headings and titles used in the Agreement are for reference
purposes only and shall not be deemed a part of this Agreement.
6.14 Effect on Third Parties. Nothing herein shall be deemed to constitute a waiver
of any immunity or affirmative defense which may be asserted by United Way or
City as to any claim of any third party. Nothing herein shall be construed in any
manner to create a cause of action for the benefit of any person not a Party to
this Agreement, or to create any rights of the benefit of any person not a party to
this Agreement not otherwise existing at law.
6.15 Program Administration. In the event of an issue affecting the Program that
needs clarification beyond the terms of this Agreement, the Parties agree to
mutually develop remedies and/or solutions.
6.16 Notices. All notices required by the Agreement shall be addressed to the Parties
at the following address, or at such other address as either Party designates in
writing, by certified mail, postage prepaid or hand delivery:
Fort Worth: Jesus (Jay) Chapa, Director
Housing and Economic Development
Department
1000 Throckmorton
Fort Worth, TX 76102
United Way of Tarrant County: Tim McKinney
President and CEO
1500 N. Main Street, Suite 200
Fort Worth, Texas 76106
[SIGNATURES APPEAR ON NEXT PAGE]
EXECUTED in multiple originals as of the last date indicated below:
CITY OF F ORTH UNITED WAY OF T RANT COUNTY
By: By:
Fernando Costa Ann Rice
Assistant City Manager Executive Vice President and Coo
I !
Date. ///7p//2 Date:
*01111 oavfl�Q� 4hh
ATTES n
By a 0%
a J. Ka y6qf/ 1 Q n
City Secre o 0
00 o
o°v Q°o ,
°0o0000b icy
ice
M &C: C-25959
Date: 11-6-2012
APPROIt-D AS TO F[]R AND LEGALITY:
:
B ���
Y
Vicki Ganske
Senior Assistant City Attorney
F I IAL RECORD
CITY SECRETARY
FT`e WORTH, TX
City of Fort Worth, Texas
Mayor aounce 1 Communication
-'--\,... �.�. ^t?..ett�.n-,.-°.-r.E CT?E':-5.;.'r`�#£^.?# 'v: }Y;#; -`.''.\''U',R.......---•- tii.??it31�t•.:\���":��•t.�`-Vi;?-"'.'+�,.;•'r':`::: .. ?.. .` ',
COUNCIL AC"T"ION: Approved on 111612012
{?,.. .. ... - - .. 5'-�---ti tax^R.•A3':a:a '};:;Y#, #^;<Ci:>:,:"F'if??isi;'� f;:'=??.,`d'9fti:7;\, 2cx. - - ... --
DATE: Tuesday, November 06, 2012 REFERENCE NO,: C-25959
LOO NAME: 17UNITEDWAYPYV
SUBJECT:
Authorize Execution of an Agreement with the United Way of Tarrant County in the Amount of
$2,154,020.00 to Implement Action Items from Directions Home, the City of Fort Worth's Homelessness
Plan(All COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager or his designee to execute an Agreement for a one year term with the
United Way of Tarrant County in the amount of$2,1 54,020.00 for the implementation of programs
described as the City of Fort Worth's responsibility in Directions Home, the City of Fort Worth's
Homelessness Plan;
2. Authorize the City Manager or his designee to extend or renew the Agreement for up to one year if the
United Way of Tarrant County requests an extension and it is necessary for the completion of the
program; and
3. Authorize the City Manager or his designee to amend the Agreement, if necessary, to achieve program
goals provided that the Amendment is within the scope of the program and in compliance with City of Fort
Worth policies and applicable laws and regulations.
DISCUSSION:
On June 17, 2008, (Resolution No. 3628-06-2008)the City Council adopted Directions Home, the City of
Fort Worth's(City) Homelessness Plan. The United Way of Tarrant County(United Way) offered to serve
as a funding conduit at no cost for the implementation of the Directions Home initiatives funded by the
City. The United Way created a special fund to administer and distribute public and private dollars to be
used for the implementation of county-wide homelessness programs.
On September 18, 2012, the City Council allocated the amount of$2,316,706.00 in the Fiscal Year 2013
budget to the Housing and Economic Development Department to implement the initiatives described in
Directions Horne, including the amount of$2,154,020.00 for initiatives to be administered by United Way.
The Agreement with United Way has expired and Staff recommends that the City Council approve a new
Agreement with United Way for the administration of funds allocated by the City Council in Fiscal Year
2013 for Program Year V of Directions Home. The Agreement will cover services such as:
1. Permanent Supportive Housing Voucher Program provides rental assistance and voucher-linked
supportive services provided by partner agencies;
2. Voucher-linked Supportive Services are coordinated by frontline case managers to support tenants;
3. Mental Health and Substance Abuse Program provides outreach, outpatient services and inpatient
treatment;
http:ll apps.cfwnet.org/ecounciI/printmc.asp?id=17643&print=true&DocType=Print 11/6/2012
4. Shelter Based Case Management facilitates the transition out of homelessness through program
participation;
5. Direct Client Services fills unmet needs that help people with increasing housing stability,
employment, self-sufficiency and access to health services;
F. Continuum of Care Planning and Coordination implements multiple Directions Home action items
by the Tarrant County Homeless Coalition, the Housing and Urban Development designated Continuum of
Care "Lead Agency";
7. Independent Evaluation promotes program improvement and accountability for consumers, funders
and the public;
8. Critical Documents Clerk provides centralized intake and expedited document processing services
for people who are homeless;
9. Housing Specialist helps people who are homeless and service providers who assist them in locating
and securing quality, affordable and accessible housing;
10. Tenant Based Supportive Services provides mental health assessments and support to tenants;
11. Employment Specialists provide job coaching, resume and interview preparation and job
placements for tenants and emergency shelter residents; and
12. Project Homeless Connect a one day, one stop services and hospitality fair to be held in April, 2013.
The United Way will be responsible for reporting to the City on the administration of these initiatives and
measurment of the intended outcomes. The University of North Texas Health Science Center currently
serves as the Independent Evaluator, reporting on outcomes of Directions Home initiatives.
The program benefits ALL COUNCIL DISTRICTS.
FISCAL INFORMATION 1 CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current Operating
Budget, as appropriated, of the General Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 539120 0178000 $2,154,020.0Q
CERTIFICATIONS:
Submitted for City Manager's office : Fernando Costa (0122)
Ori_ inating Department Head: Jay Chapa (5804)
Additional Information Contact: Otis Thornton (7552)
ATTACHMENTS
1. funding verification.doo (CFW Internal)
http://apps.cfwnet.orglecounci1/printmc.asp?id=17643&print=true&DocType=Print 11/6/2012