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HomeMy WebLinkAboutContract 50413 CITY SECRETARY CONTRA T W0. So CIO �pRr�f 2 oejN �` HURRICANE HARVEY SHELTERING FUNDING AGREEMENT 6 This Hurricane Harvey Sheltering Funding Agreement ("Agreement") is entered into as of the date last executed by the Parties by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas("Fort.Worth")and Tarrant County Hospital District dba JPS Health Network ("JPS") (individually, a "Party", and collectively,the"Parties"). WHEREAS, Hurricane Harvey, a category 4 hurricane, made landfall in Texas on August 25,2017,and various communities suffered its aftermath,which included but was not limited to evacuations due to flooding and other events and conditions resulting, directly or indirectly, from Hurricane Harvey("Hurricane Harvey"). WHEREAS, Fort Worth was mission-tasked by a State of Texas STAR request to open temporary, transitional shelters in support of the Dallas-Fort Worth ("DFW") Regional Shelter Operation for Hurricane Harvey for evacuees from communities suffering damage, injury, and loss of life and property resulting from Hurricane Harvey ("Fort Worth Sheltering Operation"); and, WHEREAS, Fort Worth was the only sheltering jurisdiction in Tarrant County for the DFW Regional Shelter Operation; WHEREAS,JPS provided mutual aid to Fort Worth by fulfilling a request or need for Fort Worth related to the Fort Worth Sheltering Operation and Fort Worth, as the only sheltering jurisdiction in Tarrant County, is submitting all requests for reimbursement on behalf of JPS's assistance of Fort Worth with sheltering-related tasks and equipment; WHEREAS,the Parties wish to set forth the procedures by which Fort Worth shall submit a reimbursement request for JPS's Reimbursable Expenses (as hereinafter defined) to the State of Texas for JPS's assistance to the Fort Worth Sheltering Operation; and WHEREAS, the Parties are so authorized and make this Agreement pursuant to Chapter 791 of the Texas Government Code (Interlocal Cooperation Act), Chapter 418 of the Texas Government Code (Texas Disaster Act of 1975), Chapter 421 of the Texas Government Code(Homeland Security), and Chapter 362 of the Local Government Code; NOW, THEREFORE,the Parties agree as follows: Terms 1. MUTUAL AID PROVIDED. A description of the mutual aid provided by JPS in support of the Fort Worth Sheltering Operation is set forth in Exhibit"A",attached hereto and made apart hereof for all purposes("Sheltering Services"). OFFIDFRINBcORVCITYF"i. 2. REIMBURSEMENT OF EXPENSES. a. Subject to the conditions in this Section 2, JPS may request reimbursement of Eligible Reimbursable Expenses, as hereinafter defined, for Sheltering Services. For the purposes of this Agreement,Eligible Reimbursable Expenses are defined by the State of Texas Department of Emergency Management. b. JPS must submit requests for reimbursement as soon as practicable but no later than sixty days after the Iast date on which Sheltering Services were performed. Failure to submit a request for reimbursement within the specified time frame will result in JPS not being reimbursed for the Sheltering Services provided unless Fort Worth extends the deadline for filing requests for reimbursement or the Federal or State Government extends the deadline for filing request for reimbursement. Such reimbursement requests shall specificaIIy identify all personnel, equipment, and resources provided; dates of issuance or duration of deployment, and the unit cost and total costs associated with each. The provision of Sheltering Services will be considered non-reimbursable if JPS does not request reimbursement within the time specified in this Section. c. Provided JPS has submitted a timely request for reimbursement in accordance with this Section, Fort Worth shall reimburse JPS for all Eligible Reimbursement Expenses. Fort Worth shall then make a request to the State of Texas for the reimbursement Fort Worth has made to JPS. In the event that the State of Texas denies any reimbursement Fort Worth has made to JPS as an ineligible expense, JPS shall pay to Fort Worth an amount equal to the amount denied by the State of Texas. d. JPS shall be responsible for creating and maintaining a record of all costs incurred, both reimbursed and unreimbursed costs, in providing Sheltering Services. JPS shall keep records in both digital and tangible fonnats. JPS shall keep records for three years from the date both parties agree final invoices have been paid. JPS must respond to all requests for documentation or information from Fort Worth within seven days of receipt and must provide the requested documentation within thirty days of receipt of the request, unless the time is extended by Fort Worth. Such requests from JPS may include without limitation requests for specific document and additional information required to fulfill state and/or federal audit requests. e. Notwithstanding any other provision in this Agreement, Fort Worth has no obligation under this Agreement to make any payment of any amount of money to JPS in excess of the Eligible Reimbursement Expenses. 3. INSURANCE. a. Workers' Compensation Coverage. Each Party shall be responsible for complying with the Texas Workers' Compensation Act. b. Automobile Liability Coverage. Each Party shall be responsible for complying with the Texas motor vehicle financial responsibility laws. Harvey Shelter Funding Agreement-JPS Page 2 of 6 c. General Liability, Public Officials Liability and Law Enforcement Liability. Each Party agrees to obtain or continue its general liability, public official's liability and law enforcement liability insurance, if applicable, or maintain a comparable self-insurance program. d. Other Coverage: JPS shall provide and maintain its standard packages of medical and death benefit insurance coverage while its personnel are assisting Fort Worth. 4. WAIVER OF CLAIMS AGAINST PARTIES. Each Party hereto waives claims for compensation for any loss, damage, personal injury, or death occurring as a consequence of the perforinance of this Agreement, except those caused in whole or part by the gross negligence of an officer or employee of another Party. 5. TERM. This Agreement shall become effective as to each Party when approved and executed by that Party and shall be binding on each Party through December 31 of the year signed. 6. LIABILITY IN FIRE PROTECTION CONTRACT OR PROVISION OF LAW ENFORCEMENT SERVICES. To the extent that this Agreement is considered an Agreement under Section 791.006 of the Texas Government Code,the responding party under this Agreement is responsible for any civil liability that arises from the responding party's furnishing of services described in Section 791.006. 7. LIABILITY FOR HOMELAND SECURITY ACTIVITY. A Party that furnishes a service related to a homeland security activity, as defined in Chapter 421 of the Texas Government Code, under this Agreement is immune from civil liability for any act or omission resulting in death, damage, or injury while acting under this Agreement if the act or omission was in good faith and in the course and scope of its functions to provide a service related to a homeland security activity. To the extent that any service is not considered to be a homeland security activity, as defined in Chapter 421 of the Texas Government Code, JPS assumes all risk of and responsibility for any claims against JPS that arise out of JPS's furnishing of Sheltering Services under this Agreement. S. ENTIRETY. This Agreement contains all commitments and agreements of the Parties regarding Sheltering Services to be rendered during or in connection with Hurricane Harvey.No other oral or written commitments of the parties shall have any force or effect if not contained herein. Any request for Sheltering Services provided by either Party on or after August 24, 2017, is deemed to be provided under the terms of this Agreement. 9. RATIFICATION. Each Party hereby ratifies the rendering and/or receiving of Sheltering Services provided pursuant to Section 6 but taken prior to the date of this Agreement. 10, INTERLOCAL COOPERATION ACT. The Parties agree that Sheltering Services in the context contemplated herein is a"governmental function and service" and Harvey Shelter Funding Agreement-JPS Page 3 of 6 that the Parties are "local governments" as those terms are defined in the Interlocal Cooperation Act. 11. CONFIDENTIALITY. The Parties recognize that the provision of Sheltering Services under this Agreement may result in the transfer of confidential medical information between thein. The Parties shall guard the confidentiality of such information as required by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Texas Medical Practice Act, and other state privacy laws pertaining to the confidentiality of medical records. 12. SEVERABILITY. If a provision contained in this Agreement is held invalid for any reason, the invalidity does not affect other provisions of this Agreement that can be given effect without the invalid provision, and to this end the provisions of this Agreement are severable. 13. VALIDITY AND ENFORCEABILITY. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement,then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified,this Agreement shall continue in full force and effect. 14. AMENDMENT. This Agreement may be amended only by mutual written consent of the Parties. 15. TERMINATION. It is agreed that any Party hereto shall have the right to terminate its participation in this Agreement upon ninety (90) days written notice to the other Parties hereto. 16.THIRD PARTIES. This Agreement is intended to inure only to the benefit of the Parties hereto. This Agreement is not intended to create,nor shall be deemed or construed to create, any rights in third parties. 17. NOTICES. Any notice required or permitted between the Parties must be in writing, addressed to the attention of the person listed below, and shall be delivered in person, or mailed certified mail, return receipt requested. City of Fort Worth Attn: Director of Financial Services 200 Texas Street Fort Worth, Texas 76102 With a copy to: City Attorney City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Harvey Shelter Funding Agreement-JPS Page 4of6 Tarrant County hospital District ATTN: Robert Earley, President& CEO 1500 S. Main St. Fort Worth, TX 76104 18. IMMUNITY RETAINED. The Parties to this Agreement do not waive or relinquish any immunity or defense on behalf of itself; officers, employers, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. 19. GOVERNING LAW AND VENUE. The laws of the State of Texas shall govern this Agreement. Venue shall lie in Tarrant County. 20. HEADINGS. The headings at the beginning of the various provisions of this Agreement have been included only to more quickly locate the subject covered by each provision and are not to be used in construing this Agreement. [SIGNATURES APPEAR ON FOLLOWING PAGE] Harvey Shelter Funding Agreement-JPS Page 5 of 6 EXECUTED by the Parties hereto,each respective entity acting by and through its duly authorized official as required by law,on multiple counterparts each of which shall be deemed to be an original. CITY OF FORT WORTH, ATTEST: a Texas home rule municipal corporation V JY/- p�� ' Assistant City Manager Valerie R Washington City Se, .re r j APPROVED AS TO FORM AND LEGALITY: A;'' . Q ssistant City Attorney M&C:— 1295: Xas City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. Homer Robertson Name of Employee Assistant Fire Chief Title TARRANT C61U�TY HOSPITAL DISTRICT DBA JPS HE +TWORK By: Name: Wile - h.i Ka-rk Title: V P W 0 Harvey Shelter Funding Agreement-JPS OFFICIAL RECORD Page 6 of 6 CITY SECRETARY FT.WORTH,TX s 1 Texas Division of Emergency Management IN STATE MUTUAL AID REIMBURSEMENT INVOICE tKOWENTIEVENT: Hurricane Harvey CATEGORY Category B-Emergency Protective Measures RESPONSE TIFMAS, IMT etc... PERIOD COVERED: PROM. 08/31/17 TO 09/10/17 ATE SUBMITTED: 01/03/2001 REMIT PAYMENT TO: JPS Health Network c/o Jeanna Adler (Make Check Payable to and 1350 S.Main Street mailing address info) Fort Worth,Texas 76104 COPIES OF RECEIPTS AND PAYMENT VOUCHERS FOR EACH CLAIM ARE ATTACHED: YES ❑NO Force Account Labor Cost Regular Time Overtime Sub Total Time Cost 6 263.79 1 389.85 7 853.64 Benefit Cost $ 2 011.60 287.80 2,299A0 Labor Cost Total = $ 9,953.04 Travel Cost Meals Mileage(POV) Airfare/Baggage Lodging Rental Vehicle ® Fuel/Tolls Travel Cost Total = Force Account Equipment Cost Total = $ Materials Cost Total = r$ - Contract Work Cost Total = $ Rented Equipment Cost Total = $ 1,530.00 Description of"Other"Costs: Medical care provided outside of shelter Other Costs = $ 44,900.00 GRAND TOTAL = $ 56,383.04 DESCRIPTION OF SERVICES PROVIDED: Provided medical care at the shelter,and if necessary referred shelter resident to clinic or JPS Hospital. The"other costs"include the costs incurred at clinics or JPS Hospital. The estimated cost is based on the reported Medicare ratio of cost to charge 31.86%. Established resident of the shelter status through the"JPS Health Network-Patient Log"and"JPS Health Network-Head of Household". I certify that the totals for each category/claim are exact costs expended by the Assisting Agency to perform the services requested. All additional supporting documentation not included with this claim will be maintained by the Assisting Agency for period of three years following the final payment to TDEM by FEMA.The supporting documentation may be obtained for audit purposes by notifying the Assisting Agency authorized official named herein,or other appropriate persons.`In accordance with 2 CFR 200.333-Retention requirements for records. CERTIFIED AND APPROVED BY: SIGNATURE: TITLE: PRINTED NAME: DATE: EMAIL ADDRESS: PHONE NUMBER: Invoice JPS Health Network Submission-Hurricane Harvey v3 2/27/2018 EXHIBIT "A" Texas Division of Emergency Management IN STATE MUTUAL AID REIMBURSEMENT INVOICE INCIDENTtEVENT: Hurricane Hanley CATEGORY Category B-Emergency Protective Measures RESPONSE (FMAS,IMT,etc... PERIOD COVERED:, FROM: 08/31/17 TO-1 09/10/17 DATE SUBMITTED: 01/03/2001 REMITPAYMENTTO: JPS Health Network Ga Jeanne Adler (Make Check Payable to and 1350 S.Main Street mailing address Into) Fort Worth,Texas 76104 COPIES OF RECEIPTS AND PAYMENT VOUCHERS FOR EACH CLAIM ARE ATTACHED: ❑' YES ❑NO Force Account Labor Cost Regular Time Overtime Sub Total Time Cost $ 8283.79 1 389.85 IS 7,653.64 Benefit Cost S 7011,60 287.80 2,2 Labor Cost Total = $ 9,953.04 Travel Cost Meals Mileage(POV)® Airfarel Baggage Lodging Rental Vehicle Fuel/TollsLe ' ,J Travel Cost Total = i Force Account Equipment Cost Total = $ Materials Cost Total = 3 Contract work Cost Total = $ Rented Equipment Cost Total = $ 1,530 Description of"Other'Costs: Medical care provided outside of shelter Other Costs = $ 44,900.00 GRAND TOTAL = $ 86,383,04 DESCRIPTION OF SERVICES PROVIDED: Provided medical care at the shelter,and if necessary referred shelter resident to clinic or JPS Hospital. The"other costs"include the costs incurred at clinics or JPS Hospital. The estimated cost is based on the reported Medicare ratio of cost to charge 31.86%. Established resident of the shelter status through the"JPS Health Network-Patient Log"and"JPS Health Network-Head of Household". I certify that the totals for each category/claim are exact costs expended by the Assisting Agency to perform the services requested. All additional supporting documentation not included with this claim will be maintained by the Assisting Agency for period of three years following the final payment to TDEM by FEMA.The supporting documentation may be obtained for audit purposes by notifying the Assisting Agency authorized official named herein,or other appropriate persons.•In accordance with 2 CFR 200.333-Retention requirements for records. CERTIFIED AND APPROVED BY: SIGNATURE: // -� TITLE: V P iii n.an l G PRINTED NAME: JC k n na 0�/C r DATE: a,/,;L*lie e EMAIL ADDRESS: C Y' S hCA Y PHONE NUMBER: 7 • 1 U j t35o2 Invoice JPS Health Network Submission-Hurricane Harvey v3 2/27/2018