HomeMy WebLinkAboutContract 50258 tis
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�cAGREEME T WITH UNITED WAY OF TARRANT COUNTY
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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, David
Cooke, 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, T.D. Smyers. 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 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, City has allocated funding for the purpose of serving the homeless in
support of 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 City in providing services to the homeless by
offering to serve as a funding conduit for the programs funded by City as described in
Directions Home; and
WHEREAS, United Way and City have previously entered an agreement on December
18, 2008 regarding City funding for City Fiscal Year 2009 ("Program Year I"), an agreement on
March 29, 2010 for City Fiscal Year 2010 ("Program Year II"), an agreement on December 7,
2011 for City Fiscal Year 2011 ("Program Year III"), an agreement on October 25, 2011 for
City Fiscal Year 2012 ("Program Year IV"), an agreement on November 7, 2012 for City Fiscal
Year 2013 ("Program Year V"), an agreement on March 20, 2014 for City Fiscal Year 2014
("Program Year VI"), an agreement on March 20, 2015 for City Fiscal Year 2015 ( "Program
Year VII), an agreement on May 24, 2016 for City Fiscal Year 2016 ("Program Year VIII"), an
agreement on March 17, 2016 for City Fiscal Year 2017 ("Program Year IX)"), and wish to enter
into an agreement for City Fiscal Year 2018 ("Program Year X").
NOW THEREFORE, the Parties agree as follows:
1. PURPOSE AND SCOPE.
This agreement is for$3,106,912.00 ("City Funds") made up of three funding sources:
$2,456,912.00 from the City; $150,000.00 currently held in reserve by United Way from prior
years' Directions Home budgets; and $500,000.00 donated by Burlington Northern Santa Fe
Page 1 of 10
Agreement between City of Fort Worth and United Way of Tarrant County
Program Year X FACIAL
CITY SEC., - - Rev. 1.16,28
FT.WORTH,TX I
Foundation currently held in reserve by United Way. The purpose of the Agreement is to set
forth the terms and conditions under which City will provide United Way with the funds
described in this section to implement the programs and services for City residents who are
homeless, such as: Rental Assistance, Housing Retention Services, Mental Health Services,
Housing First Services, Case Management for Clients on Project-Based Vouchers, Landlord
Incentives, Critical Documents Clerk and Fund, Direct Client Services Fund, Continuum of Care
Planning and Coordination, Cold Weather Emergency Overflow Shelter, Navigation Services,
Funds Owed Fort Worth Housing Solutions, Capacity/Reserve and Project Homeless Connect
(the "Program").
2. TERM.
This Agreement shall commence at execution of this Agreement and will expire May 31,
2019 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 than thirty (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 negotiated renewals with
existing subcontractors using the following criteria to evaluate the agencies:
1. Ability to work with the 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 in accordance with program budgets
and objectives as defined by City within 5 business days of receiving approval
from the City.
C. Furnish City with financial reports within five days once the payments
have been released to the agencies that include a budget-to-actual spending
comparison for the United Way's expenditure of the funds it receives under this
Agreement.
d. Award funding to agencies using the following amounts for the listed
categories. With City approval, these amounts may vary by +/- ten percent
(10%):
Page 2 of 10
Agreement between City of Fort Worth and United Way of Tarrant County
Program Year X
Rev. 1.16.28
Permanent Supportive Housing
Housing Retention Services $ 46,000
Rental Assistance and Administration $1,000,000
Mental Health Services $ 150,000
Case Management for Project-Based
Voucher Clients $ 54,600
Rapid Rehousing
Housing First Program $ 594,712
Direct Client Services Fund $ 100,000
Critical Documents Clerk and Fund $ 180,000
System Support
Continuum of Care Coordination $ 45,600
Project Homeless Connect $ 5,000
Cold Weather Emergency Overflow Shelter $ 12,000
Navigators $ 67,336
Veterans Housing Fund $ 170,000
Administration of Directions Home $ 15,000
Capacity/Reserve $ 166,664
BNSF Foundation Funds to be used for
Permanent Supportive Housing Case Management $ 500,000
3.2. City shall:
a. Design program initiatives, objectives, and goals;
b. Assist United Way in the selection and monitoring of each agency; and
C. Provide the City funds as described below for United Way to implement
the Program.
4. CONSIDERATION.
4.1. United Way shall use City Funds for Directions Home initiatives such as:
a. Rental Assistance to offset a portion of the Fair Market Rent (FMR)
on a modest apartment so that chronically homeless households can move off
the streets and out of emergency shelters;
b. Housing Retention Services to provide case management/supportive
services for permanent supportive housing clients who are receiving rental
assistance;
C. Mental Health Services to provide specialized behavioral health
assessments/care and support to tenants receiving rental assistance;
d. Housing Retention Services (Project-Based) to provide case
Page 3 of 10
Agreement between City of Fort Worth and United Way of Tarrant County
Program Year X
Rev. 1.16.28
management/supportive services to match project based vouchers supplied by
Tarrant County Housing Authority to house homeless families and chronically
homeless individuals;
e. Housing First Program to quickly house people experiencing
homelessness by providing short-term rental assistance and/or case
management;
f. Direct Client Services Fund to fill unmet needs which help people be
quickly housed;
g. Critical Documents to provide document application and processing
services for people who are homeless;
h. Navigators to work with prioritized individuals on waiting list for
permanent supportive housing and rapid re-housing;
L Continuum of Care Coordination to provide support for the
community-wide Homeless Management Information System (HMIS), oversee
coordinated entry process and provide navigator training;
j. Cold Weather Emergency Overflow Shelter to fill unmet need for
emergency shelter beds on cold nights when emergency shelters are full;
k. Project Homeless Connect which is a one-day, one-stop services and
hospitality fair;
I. Veterans Housing Fund to quickly place veterans in housing;
M. Fee to United Way for Administration of Directions Home;
n. Capacity funds available to provide case management support as
Directions Home is granted more project-based vouchers or items which
enable Directions Home to work toward its goal of making homelessness rare,
short-term and non-recurring
o. Permanent supportive housing case management to provide case
management/supportive services for permanent supportive housing clients who are
receiving rental assistance;
4.2. City Funds (other than funding currently held in reserve by United Way as more
particularly described in Section 1) shall be paid to United Way as follows: fifty percent
(50%) of City Funds at execution of this Agreement and fifty percent (50%) on
September 1, 2018.
4.3. Agencies shall furnish City with reimbursement requests for review.
Determination of the amount to be reimbursed to an agency shall be made by City Staff
in its sole discretion after review of submitted reimbursement requests along with any
Page 4 of 10
Agreement between City of Fort Worth and United Way of Tarrant County
Program Year X
Rev. 1.16.28
requested back-up documentation. City shall notify United Way in writing of the amount
to be reimbursed to each agency, and United Way shall pay the agencies within 5
business days of reimbursement amount being submitted to United Way by the City. In
no event shall United Way pay an agency without written instructions from City.
4.4 In consultation with City Staff, City Funds that are unspent or recaptured will be
reprogrammed for initiatives described 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 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.
Notwithstanding any provision in this agreement to the contrary, in the event that this
agreement is terminated for any reason, United Way shall repay any and all unexpended funds
to City.
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, natural disasters, wars, riots, material or labor restrictions, transportation
problems or existing contractual obligations directly related to the subject matter of this
Agreement.
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Agreement between City of Fort Worth and United Way of Tarrant County
Program Year X
Rev. 1.16.28
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 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 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. Immunity 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 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.
Page 6 of 10
Agreement between City of Fort Worth and United Way of Tarrant County
Program Year X
Rev. 1.16.28
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 hereunder 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 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.
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. Right of City to Audit. City reserves the right to perform an audit of United
Way's financial and business records that pertain to its duties and services provided hereunder
at any time during the term of this Agreement and for five (5) years thereafter. United Way
agrees to allow City reasonable access to all records pertaining to the duties and services
described herein.
6.17. Notices. All notices required by the Agreement shall be addressed to the Parties
at the following addresses, or at such other address as either Party designates in writing, by
certified mail, postage prepaid or hand delivery:
Fort Worth:
Tara Perez, Manager
City Manager's Office
200 Texas Street
Fort Worth TX 76102
Page 7 of 10
Agreement between City of Fort Worth and United Way of Tarrant County
Program Year X
Rev. 1.16.28
United Way of Tarrant County: T.D. Smyers
President and CEO
1500 North Main Street, Suite 200
Fort Worth, Texas 76106
[SIGNATURES IMMEDIATELY FOLLOW]
EXECUTED in multiple originals as of the last date indicated below:
CITY OF FORT WOPTH: UNITED WAY OF TARRANT COUNTY:
By: By:
Fernan IVCosta T.D. Smyers
Assistant City Manager President and CEO
Date: 2 l Date:
ATTEST: -]
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C)
By:
Mar44KavyXr _
City Secretary
M&C - C-28478 Date:elftl '
Form 1295 Certification:
APPROVED AS TO FORM AND LEGALITY:
OFFICIAL RECORD
tATY SECriETARY
Page 8 of 10
Agreement between City of Fort Worth and United Way of Tarrant County
Program
TX
Program Year X -
Rev. 1.16.28
By: L
Vicki S. Ganske
Senior Assistant City Attorney
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all pend reporting requirements.
S �rformalaw
Name:
Title: 'r ����. •S m�
Page 9 of 10
Agreement between City of Fort Worth and United Way of Tarrant County
Program Year X
Rev. 1.16.28
Page 10 of 10
Agreement between City of Fort Worth and United Way of Tarrant County
Program Year X
Rev. 1.16.28
wl
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loft
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-277731
United Way of Tarrant County
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/30/2017
being filed.
City of Fort Worth Date Ackn Wedged.
3 Providetheidentification number used by the governmental entity or state agency to track or identify the contract,and provide a i
description of the services,goods,or other property to be provided under the contract.
i
4 = -- Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling intermediary
5 Check only if there is NO Interested Party. 0
6 I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
BEVERLY J. BOYD
Notary Public,Stole of texas
'r? Comm.Expires 07-25-2019
Notary ID 1246301.04
Si authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE �/
Sworn o nd subscribed before me,by the said `hex l� ��! this the 30
day of �L
20 ,to certify which,wit y hand and seal of office.
wa�
�,, A E�Edl / �, 6n,,40 NO�iL
Signature of 12dirniniste rinted name of officer Idministering?f Title of officer da,mi ',stering oath
Forms provided b Texas Ethics Commission www.ethics.state.tx.us Version V1.0.33T