HomeMy WebLinkAboutContract 58648 CSC No.58648
AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PRESBYTERIAN
NIGHT SHELTER FOR COLD WEATHER EMERGENCY OVERFLOW SHELTER
This AGREEMENT for emergency overflow shelter("Agreement")is made and entered
into by and between the CITY OF FORT WORTH, a Texas home rule municipality ("City"),
and THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC., a Texas
nonprofit corporation("Agency"). City and Agency are referred to individually as a"Party"and
sometimes collectively referred to as the"Parties."
RECITALS:
1. WHEREAS, The City has adopted Directions Home:Making Homelessness Rare, Short-
Term and Nonrecurring in Fort Worth within Ten Years as its homelessness plan (the
"Plan" or"Directions Home"). The Plan sets out key strategies that focus on the goal of
ending homelessness and guides the expenditure of City funds on homeless issues (City
Council Resolution No. 3203-05-2005);
2. WHEREAS, the City offers cold weather shelter overflow beds when the weather meets
certain thresholds and there are not available regular emergency shelter beds for either
individual men or women;
3. WHEREAS,Agency has experience staffing City cold weather overflow locations;
4. WHEREAS,the Parties believe that the services will further the goals of Directions Home
and desire to enter into this Agreement in order to set out the terms, goals, and
responsibilities of each Party.
NOW THEREFORE, the Parties for the mutual consideration included herein agree to enter into
the following Agreement.
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Agreement for Supportive Services;
2. Exhibit"A"—Scope of Services;
3. Exhibit"B"—Budget;
4. Exhibit"C"—Reimbursement Request Form
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"9 "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. OFFICIAL RECORD
CITY SECRETARY
1. SCOPE OF SERVICES. FT.WORTH,TX
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1.1 Agency shall provide City with emergency overflow shelter in order to provide
protection from weather and 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 Intentionally Omitted.
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 November 1, 2022 ("Effective Date") and shall expire on
September 30, 2023 ("Expiration Date"), unless terminated earlier in accordance with this
Agreement ("Initial 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 $66,000 ("Program Funds"), and shall be paid to Agency on a reimbursement basis.
Agency will be reimbursed its actual costs and expenses for all eligible costs and activities up to
the amounts of each line item as included in Exhibit B, attached hereto. Agency shall not perform
any additional services for City not specified by this Agreement unless City requests and approves
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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 and shall include all eligible costs and expenses incurred by providing
services hereunder during the previous month. Submittal of a monthly RRF and reports is required
even if services are not provided even though no reimbursement will be made for months during
which no services are provided hereunder.
3.3 The monthly RRF should be sequentially numbered and include expense documentation
that is detailed, clear and concise. Programmatic submissions should now be submitted as part of
the invoice, as they are due on the same date.
Invoice Name:
PNS OVERFLOW####FW019 0000000###
Additionally, the following requirements apply to ensure the system can successfully
process invoices in an expedient manner:
• Invoices must be sent as an attachment(i.e.no invoice in the body of the email).
• One invoice per attachment (includes PDFs). Each invoice must be a separate
attachment.
• Supplier Name and Address;
• Remit to Supplier Name and Address, if different;
• Applicable City Department business unit#(i.e. FW019)
• Complete City of Fort Worth PO number (i.e. the PO number
must contain all preceding zeros);
• Invoice number;
• Invoice date; and
• Invoices to be submitted after delivery of the goods or services.
Invoices must be mailed to Charletta.Moaning@,fortworthtexas.gov.
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,
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during the month the modification took place. The new modified budget cannot exceed the total
amount of Program Funds. Agency shall be solely responsible for any money spent in excess of
the not to exceed amount included in this Agreement for the then-current term.
3.5 Any modifications of more than five (5) percent of any budgeted line-item in the
original approved budget must have prior written permission from City before the modifications
are made. The Budget Modification Form (Exhibit "E") must be submitted, and request must be
approved by City, before any money is moved to the line-item. Once the Budget Modification is
approved, the modified budget will take effect on the first day of the following month. The new
modified budget shall not exceed the total amount of Program Funds. Agency shall be solely
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 email to
Charletta.Moaning( ,fortworthtexas.gov.
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 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Agency
of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which
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appropriations were received without penalty or expense to City of any kind whatsoever, except
as to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated
prior to the Expiration Date, City shall pay Agency for services actually rendered up to the
effective date of termination and Agency shall continue to provide City with services requested by
City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Agency shall provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Agency
has received access to City data as a requirement to perform services hereunder, Agency shall
return all City-provided data to City in a machine-readable format or other format deemed
acceptable to City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
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
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during normal working hours to all necessary Agency facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the provisions of this section.
City shall give Agency reasonable advance notice of intended audits.
This provision shall survive the expiration or termination of this Agreement.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Agency shall operate as an independent
contractor as to all rights and privileges and work performed under this Agreement, and not as
agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Agency shall have the exclusive right to control the details of its
operations and activities and be solely responsible for the acts and omissions of its officers,agents,
servants, employees, consultants and sub vendors. Agency acknowledges that the doctrine of
respondeat superior shall not apply as between City, its officers, agents, servants and employees,
and Agency, its officers, agents, employees, servants, vendors and sub vendors. Agency further
agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise
between City and Agency. It is further understood that City shall in no way be considered a Co-
employer or a Joint employer of Agency or any officers,agents, servants, employees or sub vendor
of Agency. Neither Agency,nor any officers,agents,servants,employees or sub vendor of Agency
shall be entitled to any employment benefits from City. Agency shall be responsible and liable for
any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents,
servants, employees or sub vendors.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY-AGENCY SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
AGENCY,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION - AGENCY HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTSAND EMPLOYEES,FROMAND AGAINSTANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND 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, INCL UDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT.
This section shall survive the expiration or termination of this Agreement.
9. ASSIGNMENT AND SUBCONTRACTING.
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9.1 Assignment. Agency shall not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee shall execute a written agreement with City and Agency under which
the assignee agrees to be bound by the duties and obligations of Agency under this Agreement.
Agency and Assignee shall be jointly liable for all obligations of Agency under this Agreement
prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, subcontractor shall execute a
written agreement with Agency referencing this Agreement under which subcontractor shall agree
to be bound by the duties and obligations of Agency under this Agreement as such duties and
obligations may apply. Agency shall provide City with a fully executed copy of any such
subcontract.
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
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Professional Liability coverage may be provided through an endorsement
to the Commercial General Liability (CGL) policy, or a separate policy
specific to Professional E&O. Either is acceptable if coverage meets all
other requirements. Coverage shall be claims-made, and maintained for the
duration of the contractual agreement and for 2 years following completion
of services provided. An annual certificate of insurance shall be submitted
to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall
name City as an additional insured thereon, as its interests may appear. The
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;
however, it is understood that City is under no obligation to ensure compliance with all applicable
laws, rules, ordinances, and regulations and that such responsibility rests solely with Agency.
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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 or employment of any individual
or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN
ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY AGENCY,
ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUB VENDORS OR SUCCESSORS
IN INTEREST, AGENCY AGREES TO ASSUME SUCH LIABILITY AND TO
INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH
CLAIM.
This section shall survive the expiration or termination of this Agreement.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand-delivered to the other Party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of
the transmission, or(3)received by the other Party by United States Mail,registered,return receipt
requested, addressed as follows:
To City: To Agency:
City of Fort Worth Presbyterian Night Shelter
Neighborhood Services Department Attn: Jennifer Self
Attn: Charletta Moaning, Senior Contract 2400 Cypress Street
Compliance Specialist Fort Worth TX 76102
200 Texas Street Phone: (817) 632-7427
Fort Worth, TX 76102-6314
Phone: (817) 392- 7333
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
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foregoing, this provision shall not apply to an employee of either Party who responds to a general
solicitation of advertisement of employment by either Party.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or
surrender any of its governmental powers or immunities.
16. NO WAIVER.
The failure of City or Agency to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Agency's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
17. GOVERNING LAW/VENUE.
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, epidemics or pandemics,
material or labor restrictions by any governmental authority,transportation problems,restraints or
prohibitions by any court, board, department, commission, or agency of the United States or of
any States, civil disturbances, other national or regional emergencies, and/or any other similar
cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively "Force Majeure Event"). The performance of any such
obligation is suspended during the period of, and only to the extent of, such prevention or
hindrance, provided the affected Party provides notice of the Force Majeure Event, and an
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explanation as to how it hinders the party's performance, as soon as reasonably possible, as
determined in the City's discretion, after the occurrence of the Force Majeure Event. The form of
notice required by this section shall be the same as section 13 above.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be
deemed a part of this Agreement, and are not intended to define or limit the scope of any provision
of this Agreement.
21. REVIEW OF COUNSEL.
The Parties acknowledge that each Party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Agreement
or Exhibits "A", "B", "C", "D" and"E".
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No amendment,modification,or extension of this Agreement shall be binding upon a Party
hereto unless set forth in a written instrument, which is executed by an authorized representative
of each Party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits "A", "B", "C", "D", and "E" contains the entire
understanding and agreement between City and Agency, their assigns and successors in interest,
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.
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26. IMMIGRATION NATIONALITY ACT.
City actively supports the Immigration&Nationality Act(INA)which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination.Agency shall
verify the identity and employment eligibility of all employees who perform work under this
Agreement. Agency shall complete the Employment Eligibility Verification Form (I-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all
employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Agency shall
establish appropriate procedures and controls so that no services will be performed by any
employee who is not legally eligible to perform such services. Agency shall provide City with a
certification letter that it has complied with the verification requirements required by this
Agreement. Agency shall indemnify City from any penalties or liabilities due to violations of this
provision. City shall have the right to immediately terminate this Agreement for violations of this
provision by Agency.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides,
and documentation, created, published, displayed, and/or produced in conjunction with the
services provided under this Agreement (collectively, "Work Product"). Further, City shall be
the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of
City from the date of conception, creation or fixation of the Work Product in a tangible medium
of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be
considered a"work-made-for-hire"within the meaning of the Copyright Act of 1976, as amended.
If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-
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.
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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
If Agency has fewer than 10 employees or this Agreement is for less than $100,000,
this section does not apply. Agency acknowledges that in accordance with Chapter 2270 of the
Texas Government Code, the City is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company that it: (1)
does not boycott Israel; and(2) will not boycott Israel during the term of the contract. The terms
"boycott Israel" and "company" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this contract, Agency certifies that Agency's
signature provides written verification to the City that Agency: (1) does not boycott Israel; and(2)
will not boycott Israel during the term of the contract.
31. CONFIDENTIAL INFORMATION
Agency acknowledges that the City is a governmental entity and is subject to the Texas
Public Information Act ("Act"). By executing this agreement, Agency acknowledges that this
agreement will be publicly available on the City's website, and Agency is therefore waiving any
claim of confidentiality, whether based in statute or the common law, to any and all materials
contained as part of this agreement including all documents and information referenced herein or
attached hereto.
32. LIMITATIONS ON SERVICES
Payment for any services hereunder are specifically for those services included with
Exhibit A—Scope of Work. No portion of the Program Funds shall be used for any sectarian or
religious activity. Agency retains its independence and may continue to carry out its mission,
including any religious activities, provided that is does not request reimbursement or payment for
any explicitly religious activities (including activities that involve overt religious content such as
worship, religious instruction, or proselytization), or in any other manner prohibited by law. If
Agency engages in explicitly religious activities, they must be offered separately, in time or
location, from the programs or activities supported by the Program Funds and participation must
be voluntary for any eligible individuals, as defined in Exhibit A.
33. WAIVER OF IMMUNITY BY AGENCY.
If Agency, as a charitable or nonprofit organization, has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury, including
death,to persons or property, Agency hereby expressly waives its rights to plead defensively such
CITY OF FORT WORTH Page 13 of 16
Agreement for Homeless Services—PNS—COLD WEATHER EMERGENCY OVERFLOW SHELTER
immunity or exemption as against City. This Section shall not be construed to affect a
governmental entity's immunities under constitutional, statutory or common law.
34. PROHIBITION ON BOYCOTTING ENERGY COMPANIES
Agency acknowledges that in accordance with Chapter 2274 of the Texas Government
Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering
into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly
or partly from public funds of the City with a company with 10 or more full-time employees unless
the contract contains a written verification from the company that it: (1) does not boycott energy
companies; and(2)will not boycott energy companies during the term of the contract. The terms
"boycott energy company" and "company" have the meaning ascribed to those terms by Chapter
2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,R.S., S.B. 13, § 2. To the
extent that Chapter 2274 of the Government Code is applicable to this Agreement,by signing this
Agreement, Agency certifies that Agency's signature provides written verification to the City that
Agency: (1)does not boycott energy companies; and(2)will not boycott energy companies during
the term of this Agreement.
35. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND
AMMUNITION INDUSTRIES
Agency acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited
from entering into a contract for goods or services that has a value of$100,000 or more that is to
be paid wholly or partly from public funds of the City with a company with 10 or more full-time
employees unless the contract contains a written verification from the company that it: (1) does
not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate during the term of the contract against a
firearm entity or firearm trade association. The terms"discriminate,""firearm entity"and"firearm
trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To the extent that Chapter
2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Agency
certifies that Agency's signature provides written verification to the City that Agency: (1)does not
have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm
trade association; and(2)will not discriminate against a firearm entity or firearm trade association
during the term of this Agreement.
[SIGNATURE PAGE TO FOLLOW]
CITY OF FORT WORTH Page 14 of 16
Agreement for Homeless Services—PNS—COLD WEATHER EMERGENCY OVERFLOW SHELTER
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
By:
this contract,including ensuring all performance and
Name: Fernando Costa reporting requirements.
Title: Assistant City Manager
Date: Pec 21, 2022 C
By:
Name: Charletta Moaning
APPROVAL RECOMMENDED: Title: Sr. Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Victor Turner
Title: Neighborhood Services Director B �
01 vnQIl� Y'
p.....* QQ Name: Jo Ann Gunn
ATTEST: Title: Assistant City Attorney
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By: 4affiette S.Goodell(DeC 22,202215' CST)
Name: Jannette S. Goodall
Title: City Secretary
Agency: Presbyterian Night Shelter
ATTEST:
ruby oxAgtt,
By: Toby Men(Dec 20,202216:22 CST) By.
Name: Toby Owen Name:
Title: CEO Title:
Date: Dec 20,2022
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
CITY OF FORT WORTH Page 15 of 16
Agreement for Homeless Services—PNS—COLD WEATHER EMERGENCY OVERFLOW SHELTER
Supportive Services Agreement—Exhibits Page 16 of 16
Presbyterian Night Shelter EXHIBIT "A"
Overflow Shelter PROGRAM SUMMARY
PROGRAM SUMMARY
(ESG-CV2)
November 1, 2022—September 30, 2023 $66,000.00
PERIOD AMOUNT
Capitalized terms not defined herein shall have meanings assigned them in the Contract.
PROGRAM:
Presbyterian Night Shelter will provide 20 men's overflow beds and 20 women's overflow beds
to be open on a continuous basis from November 1, 2022-March 31, 2023. PNS will provide an
appropriate facility,meals,showers,laundry,janitorial,and all other required or necessary services
for the safe, effective provision of shelter services.
Once activated, overflow shelter services will be available 8pm—7am, at the following
locations:
Men's Shelter
2400 Cypress St,Fort Worth,TX 76102
Women's Shelter
2401 Cypress St,Fort Worth, TX 76102
REGULATORY CLASSIFICATION:
Service Category(if more than one category, specify amount for each): ESG Emergency Shelter
Component
Regulatory Citation(s): 24 CFR 576.102
ESG-CV2 PSA OVERFLOW-2022-2023 —EXHIBIT"A"—PROGRAM SUMMARY Page 1
Presbyterian Night Shelter
EXHIBIT"B"-BUDGET
Account Grant Budget I A B C Total
EMERGENCY SHELTER
ESSENTIAL SERVICES
Salaries 1001 $ 42,128.00
FICA 1002 $ 2,642.00
Life/Disability Insurance 1003
Health/Dental Insurance 1004 $ 2,898.00
Unemployment-State 1005
Worker's Compensation 1006
Office Supplies 1007
office rent 1008
Insurance 1009
transportation 1010
Contract Labor Security(City needs copy of
contract before expenses can be reimbursed) 1011
Othero 1012
SHELTER OPERATIONS
Maintenance 2001
Security 2002
Insurance 2003
Utilities 2004 $ 4,389.00
Supplies 2005 $ 6,879.00
Repairs 2006
Other(monthly rental costs) 2007
Other:(Program supplies and admin):Food;pent
rental/non-cap;indirect $ 7,064.00
SUBTOTAL EMERGENCY SHELTER
HOUSING RELOCATION AND STABILIZATION
PREVENTION
Salaries 3001
FICA 3002
Life/Disability Insurance 3003
Health/Dental Insurance 3004
Unemployment-State 3005
Worker's Compensation 3006
Othero 3007
REHOUSING
Salaries 4001
FICA 4002
Life/Disability Insurance 4003
Health/Dental Insurance 4004
Unemployment-State 4005
Worker's Compensation 4006
HRA 4007
Retirement 4008
Parking 4009
Mileage 4010
Rental Asistance/Security Deposits
Utility Deposits/Payments
Other:(Program supplies and admin):Food;pent
rental/non-cap;indirect
Other(Fringe Benefits):Parking,employee
prescreening,HRA,worker's compensation 4011
SUBTOTAL HR&S $ - $ - $ - $ - $ -
FINANCIAL ASSISTANCE
PREVENTION
Rental Assistance 5001
Utility Payments 5002
REHOUSING
Rental Assistance 6001 $ -
Security Deposits 6002
Utility Deposits 6003
Utility Payments 6004
Moving Costs 6005
Motel/Hotel Vouchers 6006
SUBTOTAL FINANCIAL ASSISTANCE $ _ $ _ $ _ $ _
HOMELESS MANAGEMENT INFORMATION SYSTEM M IIS)
HMIS Software Costs 7001
SUBTOTAL EMS
BUDGET TOTAL 1$ 66,000.00 1$ Is Is Is 66,000.00
FUNDING A:
FUNDING B:
FUNDING C:
ESG CV2-Overflow Cold Weather CONTRACT 2022-2023-EXHIBIT"B"-Budget Page 1
The following tables were created for the purpose of preparing, negotiating, and determining the cost
reasonableness and cost allocation method used by the Agency for the line item budget represented on
the first page of this EXHIBIT "B"—Budget. The information reflected in the tables is to be
considered part of the terms and conditions of the Contract. Agency must have prior written approval
by the City to make changes to any line item in the Budget as outlined in Section 5.2.2 in the
Contract. The deadline to make changes to EXHIBIT "B"—Budget is.
SALARY DETAIL
Est. Percent to Amount to
Position Title Annual Salary Grant Grant
Journey Home Advocate $ 31,200.00 42.0% $ 13,104.00
Journey Home Advocate $ 31,200.00 42.0% $ 13,104.00
Facility Caretaker $ 24,960.00 42.0% $ 10,483.20
Program Manager- Men's Shelter $ 57,980.00 3.0% $ 1,600.00
Program Manager- Women's Shelter $ 64,829.00 3.0% $ 1,600.00
Director Of Shelter Services $ 82,394.00 3.0% $ 2,237.00
TOTAL 1 $ 292,563.00 1 14.4%1 $ 42,128
FRINGE DETAIL
Percent of Est. Percent to Amount to
Payroll Amount Grant Grant
FICA 7.20% $ 6,290.00 42.0% $ 2,641.80
Life/Disability Insurance
Health/DentalInsurance 2.25% $ 6,900.00 42.0% $ 2,898.00
Unemployment-State
Worker's Compensation
HRA
Retirement
Parking
Mileage
Other
TOTAL 1 $ 13,190.00 42.0% $ 5,540
SUPPLIES AND SERVICES
Est. Percent to Amount to
Total Budget Grant Grant
Office Supplies
Food Supplies $ - $ -
TOTAL I I $ -
MISCELLANEOUS
Est. Percent to Amount to
Total Budget Grant Grant
Insurance
ESG-CV2 Overflow Cold Weather CONTRACT 2022-2023 -EXHIBIT"B" -BUDGET Page 2
Accounting
Contract Labor(Security)
Other()
TOTAL
SHELTER OPERATIONS
Est. Percent to Amount to
Total Budget Grant Grant
Maintenance
Security
Insurance
Utilities $ 4,389.00 $ 4,389.00
Supplies (includes linens) $ 6,879.00 $ 6,879.00
Meals $ 7,064.00 $ 7,064.00
Other(Admin - 9%) $ -
TOTAL $ 18,332.00
FINANCIAL ASSISTANCE
Est. Percent to Amount to
Total Budget Grant Grant
Rental Assistance $ -
Security Deposits
Utility Payments
Utility Deposits
Moving Costs
Motel/Hotel Vouchers
TOTAL $ -
HMIS
Est. Percent to Amount to
Total Budget Grant Grant
HMIS Software Costs
TOTAL $ 66,000.00
ESG-CV2 Overflow Cold Weather CONTRACT 2022-2023 -EXHIBIT'B"-BUDGET Page 3
EXIIIBIT"C"
REIMBURSEMENT REQUEST FORM
Expenses Name of employee or client Amount Invoiced Date Check
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
Fi7sability Insurance
Retirement
Retirement
Retirement
UnermavlovmcntInsurance
Unemployment Insurance
Unemployment Insurance
Workers Compensation
Workers Compensation
Workers Compensation
Total of all Benefits:
NEleage
Mileage
Mileage
Mileage Total:
Cell phone
Cell phone
Cell phone
Cell Phone Total:
Type of Client Expense/Vendor
Client Expense Total:
erationa/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
Summary Sheet
A B C D E
Total Previous This Total Remaining
Budget Category Budget Amount Reimbursements Month's Request Balance
to
Requested Request (B+DD))te Available(A-D)
Personnel
Fringe Benefits
Mileage
Cell phone/Equipment
Client Costs
Other
Total
Exhibit"D"
Reporting Forms
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.
Date of Activation # of guests at Union # of guests at Riverside # of guests at The
Gospel Mission Community Center Transfer Center
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
0 0
Modification Approved Modification NOT Approved
Staff Signature Date
Supportive Services Agreement—Exhibits Page 1 of 1