HomeMy WebLinkAboutContract 45442 CITY SE"CR
CONTR CT Z&
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 andl through its duly authorized City Managerf Tom
Higgins, and the United Way of' Tarrant County ("United Way"), a non-profit agency, acting by
and through its duly authorized President and Chief Executive Officer, Tim! McKinney. City and
United Way may be referred to herein individually as a it Party 11 ondl collectively as the "Parties".
RECITALS
City and United Way agree that the following statements are true and correct and
constitute the bas,is on which they have entered into their Agreement.
WHEREAS, City residents, 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 in 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,,
0
Short-Term, and Non-Recurring in Fort Worth, Texas Within Ten Years ("D"Irections
Home"); and
WHEREAS, United Way has joined the City in providing services to the homeless by
offering to serve as, a f'undii�nlig: conduit for the programs funded by the City as described in
Directions Home at no cost to the City; and
WHEREAS, United Way and the City have previously entered an agreement on
December 18, 2008 regarding City funding for City Fiscal Year 2009 ("Program Year an
agreement on March 291, 2010 for City Fiscal Year 2010 ("Program Year 11"), an agreem�en�t on
December 7, 2011 for City Fiscal Year 20111 ("Program Year an agreement on October
2511 2011, for City Fiscal Year 2012 ("Program Year IV"), an agreement on November 7, 2012
for City Fiscal Year 2013 ("Program Year 'V"), and wish to enter into: an agreement for City
Fiscal Year 2014 ("Program Year VI").
NOW THEREFORE, the Parties agree as follows:
I PURPOSE AND SCOPE.
The purpose, of the Agreement is to set forth the terms an�d conditions under which the
City will rovi!d Wa
le United y with $2,1 ms 59,020.00 to implement the programs and services for
p
City residents who are homeless, such as: Rental Assistance, Housing Retention Services,1
Tenant Supportive Services, Housing Placement Services, Critical Documents Clerk,, Dlirect
Client Services Fund,, Continuum of Care Planning and Coordination, Independent E,val�uation:,
The Shortest Way Home Community Engagement Plan, and Project Homeless, Connect more
particularly described in Directions Home (the "Program"). OFFICIAL RECORD
01
Page 1 of 7
Agreement between City of Fort Worth and United Way of Tarrant County CIT'Y SECRETARY
Pro ram Year V1
r,!
RECEIVED MAR 2 12014
2. TERM.,
This Agreement shall commence at execution of this Agreement and will exp:i,re May 31,
2015 unless terminated earlier in accordance with this Agreement,. The Parties may renew t,h,is
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 than thirty (30)
days prior to the expliratioln 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 s,hal�l have any further responsibility of liability
hereunder except for services previously rendered and payment,for the same.
3. DUTIES OF THE PARTIES AN�D SERVICES PROVIDED.
3.1. UnIfted 'Way shalk
a. Select agencies to deliver the Program through a competitive Request for
Proposal process, or negotiated renewals, with existing subcontractors using the
foillowing criteria to evaluate the agencies,-
1. Ability to work with the chronic homeless;
2. Willingness to collaborate with other agencies in serving the
homeless; and
3. Current and past performance on similar programs.
b. Disburse funds to selected agencies inn accordance with program budgets
and objectives as defined by the City
3.2. C*Ity sham11,.11-
a. Assist i United Way in designing Program objedives, initiatives, and
outcomes,,,
b. Assist United Way in the selection and monitoring of each agency, and
C., Provide the City funds as defined below for United Way to implement the
Program.
41. CONSIDERATION.
4.1. City will disperse Fiscal Year 2014 funds ("City Funds"') in a total amount not to
exceed $2,159,020.00 to United Way for D:irlections Home initiatives such as:
a. Rental Asp stance to offset a portion of the Fair Market Rent on a
modest apartment so that vulnerable households, can move, out off the streets
and out of emergency shelters;
Page 2 of 7
Agreement between City of Fort Worth and Unitedi 'Way of Tarrant,County
Program Year V1,
b. Housing Retention Services, to provide supportive services for highly
vul�nerabli le tenants who are receivi'ng rental assistance,
C1. Tenant Supportive Services, to provide specialized behavioral health
assessments and support to tenants receiving rental assistance;
d. Housing Placement Services to assist unsheltered and emergency
sheltered people who are homeless secure per anent housing;,
e., Critical Documents Clerk to provide document application and
proicless,ing:: services for people who are, hom�eless;
f. Direct C11"ent Services Fund to, fill unimet needs that help people
increase housing suability, employment, self-sufficiency, and access to health
services,
9. Continuum of Care Planning and Coordination to i'mpilemeint multiple
Directions Home action items by the Tarrant County Homeless, Coalition and
operate the community-wide Homeless Manage,men�t Information System,
h� Independent Evaluation to prornote program involvement and
accountability for consumers, funders, and the public,
i. The Shortest Way Holmle, Community Engagement Plan, to, encourage
i
public participation in local efforts to end homelessness through volunteerism,
donations, support* and
j- Project Homeless Connect, a one-day, one-stop services and
hospitallity fair to b held in April 201 4,
4.2. City Funds shall be dispersed as follov s-. fifty percent (50%) of City Funds at
execution of this Agreement and fifty percent 0%) of City Funds on June 1, 2014.
4.3 In consultation with City Staff, City Funds that are unspent or recaptured will be
reprogrammed for initiatives diescribed in Section 4.1 or returned to the City.
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 diefault continues for a period of thirty
(30), days after the notifying Party notifies the defaulting Party in wrifing 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 thilrty- (30) day period, the notifying Partly shall have the right
to declare this A,grelein�ielnt immediately terminated, and neither Party shall have any further
responsibility or liability hereunder except for services preivi'ous,iy rendered and payment for the
same.
Page 3, of 7
Ag,reernent, between City of Fort Worth and United Way of Tarrant County
Program Year VI
0. GENERAL PROVISIONSl.,
6.1. R quest for Informat'lioln:., United Way agrees to provide City with any
information on applicants or Program:: participants within two ('2) weeks of the request.
6.2. No, Wa*lver. 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 walver of that Party's right to insists upon appropriate performance or to assert any,
such rig�ht, on any future occasion.
6.3. Sever ilia 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 Mal"eurel. The Parties shall exercise their best efforts to meet their
respective, duties ands 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 regi-flation, acts of Gold,
fires, strikes, lockouts, natural disasters, wars, riots,, material or labor restrictions, transportation
problems or existing contractual obligations d�irectly related to the subject matter of' this
Agreement.
6.5. Venue and JurI*sd*Ict*Ion. 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.
including all Exhibits attached hereto
6.61. Entirety of Aareem en t. This Agreement)
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.
6.17. Compliance with Laws,- Ordinances, Rules, and Requ.11aboons. The
Agreement is subject, to all applicable federal, state, and local laws, ordinances, ruffles,, and
regulations, including but not limited to all provisions in 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 the City. United
Way shall have the exclusive control of, and the exclusive right to control the work designated
and performed by Unnited Way under the terms of'this, Agreement,, and of' ell persons performing
the same and shall' be solely responsible for the acts and ornissillons 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 om,isis,ions, 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.,
Page 4 of 7
Agreement between City of Fort Worth and United Way of Tarrant COUnty
Program Year VI
0090 Immunifty andl Third' Parfies. 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 shaill 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. ibis 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 unless specifically stated herein,.
6.10. Amen�dment. No amendment, modification, or alteration of this Agreement shall
be binding unless the same is in writing, dated siuibseq,uen�t to the date hereof and executed by
the Parties.
6.11. Nondiscrim"Inafion.
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
terns, 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 nst any
person or persons hereunder because of gender, race,1 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. Headi'nqs. 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 Parfies. 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 or 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.
Page 5 of 7
Agreement between City of Fort Worth and United Way of Tarrant County
Program Year VI
6. 5. 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. Al�l notices required by the Agreement shall be addressed to the Parties
at the follo ing addresses, 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
Hiousing and Economic Development Dept.
1000 Throckmorton Street
Fort,Worth, Texas '76102
United Way of Tarrant County: Tim McKinney
President and CEO
1500 North Main Street, Suite 200
Fort Worth, Texas '76106
Page 6 of 7
Agreement between City of Fort Worth and United Way of Tarrant County
Program Year V1
EXECUTED in multiple originals as of the last date inclicated below.
CITY OFFORTWORTHo. UNITED WAY OF TARRANT' COUNTY.-
B y 7 7,,?
_ !
By-
Fernanido, Costa Tim McKinney
Assistant City Manager President and CEO
Date: Diate*
ATTEST:
VIP*
By mom mot
Marly� s X
r
City Sec y 00,
01 r,�O0000D II
M&C Date*
31 if)Ll
411, w,
APPROVED AS TO FORM AND LEGALITY:
o
Vicki anske
Senior Assistant City Attorney
FOFFICIAL RECORD'
CITY SECRETARY
FTv WORTH$'TX
j
Page 7 f 7
Agreement betw�een City of Fort Worth and United Way of Tarrant Colunty
Program Year V1
City of Fort Worth, Texas
ma%,tor and Uouncil %ournmunication
Y
COUNCIL ACTION: Ap'pro'ved on 3/18/2014
..........
DATE.- Tuesday, March 18, 2011'4 REFERENCE NO.: C-26718
LOG NAME: 17UNfT'EDWA,YTS,YVT
0
SUBJECT.
Authorize Execution of an Agreeinent with the tJnited Way of Tarrant,County in the Arnount of
$2,159,020.00 to .1m,plernent.Action Ttems frotri, 'Directions T-forne, the City of Fort Worth's Homelessnes's Plan,
(ALL COUNCIL DISTRICTS)
REC.Q.MMENDAT
It is recorninended that the City Council,-
1. Authorize the,City Manager or his designee to execute an Agreement with United Way of Tarrant,Coun,ty
in the arnoUnt of$12,1159,020.010 for one yearf,*or the impleaientation of initiatives described in _realons
Horne, the City of Fort Worth's Honielessness Plan-,
2. Authorize the City Manager or his designee to,extend or reniew the Agreement for up to one year if United
Way of tea it County requests an extension and it is necessary for the compl.etion of the program; and
3. Authorize the City Manager or his designee to armed the Agreement, it'necessary, to achieve program,
goals provided that the Arnendi"nent,is, within 11he scope of the prograrn andin conip,iancie with City of Fort
Worth, policies and applicable laws and regulatiotis.
DISCUSSION,
On June 17, 2008, the City Council adopted Di-rections „for ie, the City of Fort Worth's (City) T-1ornelessness
Plan (Resolution No. 3628-06-2008). The United Way l' '"arrant County (United Way) has served as the
fiscal, and grant—illaking agent for public and private funds in support of the Directions Home Plan at,no cost
to the City. In close cons'LlItation with Staff., the UnItCA Way oversees an annual grant—tnaking process for
corn unity-- and fai,t.'h,—,based organizations to operate int[tatives that accomplish ffie stx ate,g,ies contained in
the Directions Borrie Plan.
On September 17, 20 13, the City COLIncil allocated tarriount of$2,,3,49,1 63.00 n the Fiscal Year 2014
budget to the Housing and Econornic Dev el.opt-nellt Department to in-tplement,the initiatives described in
Directions Home, including 0"ie,amount of$2,159,020.0()for initiatives to ble- administered by United Way.
1"'he Fort Worth Advisoiy Con'Imlission on End'itigli.0i.TleIC'.,�S,ties,s has received pUblic comnient cand advised
i i
Staff on.funding priorities for the coming year. StaffrecollItTiends the City Couricit approlve a new
Agreenie,nt with United Way for the administratiot'i of funds allocated by the City Coune"I't in Fiscal, Year
2014 for Program V1 of D)rectlons, Hom m,
e.The Agreeent will cover service;..;such as:
i i
#Rental Assistance to offset,a portion of the Fair Market Rent on a mode al)art tnent,so that
vulnerable households can move out off the,ls,treets and out of emergency shelters,
9 Housing Retention Service to provide supportive. services for highly vulnerable ter latits who are
receiving rental assistance,
-Teen Supportz*ve Sry
eices to provide specialized behavioral health assessnients and support to
t
tenants receiving rental assistance,
•Housing I-Ilacentent Services to assist,unsheltered and emergency sheltered people,who are horneliess
secure permanent 110LISingi
• Critical Docuinents lerk to provide docin-neii t application and processing services for people who
are for ieless;
•Direct Client Services Fund to fill UJITI'letnieeds that help people increase housing stability,
employment, self—sufficiency,and access to health services;
•Confinuum of Care Planning and Coordination to itnplement niultiple Directions I lome, action,
items by the,Tarrant County Hon'te less,Coalition and operate the coi,nniu tit y—wide Homeless
Managernent Information Systein;
ol Independent Evahiation to prornote,pr gratTi involvement and accountability for con suiners,
futiders, and the public,
• I'he, Shortest Way Hoine Community EngagementPlan, to encourage public participati,oninlocal
efforts to end 110ITTelessness, through volutiteerisin, donations, support.; and
•Pr 'ect Homeless Connect, a one—d4ay, one—stop services and hospicality faIr to be held in April
2014.
The progrart'i benefits ALI,COUNCIL DISTRICTS.
FISCAL INFORMATION-1
'The Finwilciial Management Servicies Director certifies, thi,at-funds, are available in the current operi'aing
budget, as appropriated,of the General Fund.
FUND, CENTERS:
TO FundLAccount/Ccalgr, FROM Fund/Acc-ount/Centers
I) QGO 1, 532 12Q. Q 17�.O.QQ S2.
,159,02
!L.ERBFICATjQNS-,
Submitted Afr City Manaapr's OM Fernando Costa (6,1.22)
OriginafingDeDarlment Head-, Jay Chapa (5804),
*j 0 Is in Maggie Jones (2235)
Addillonaj Inform i
Otis Thornton (75 52)
....................
ATTA( NTS
I.Eund Verificaltjon.docx