HomeMy WebLinkAboutContract 51021 CITY SECRETARY
CONTRACT
woPj\� HURRICANE HARVEY
SHELTERING FUNDING AGREEMENT
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-tole municipal corporation of the State of Texas("Fort Worth") and the Fort Worth
Independent School District, a political subdivision of the State of Texas and a legally
constituted Independent School District located with Tarrant County, Texas ("FWISD")
(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, FWISD 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 FWISD'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 FWISD's Reimbursable Expenses (as hereinafter
defined) to the State of Texas for FWISD'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:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Terms
1. MUTUAL AID PROVIDED. A description of the mutual aid provided by FWISD
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").
2. REIMBURSEMENT OF EXPENSES.
a. Subject to the conditions in this Section 2,FWISD 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. FWISD must submit requests for reimbursement as soon as practicable but no
later than one hundred and eighty (180) days after the last date on which
Sheltering Services were performed. Failure to submit a request for
reimbursement within the specified time frame will result in FWISD 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 specifically 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 FWISD does not request reimbursement
within the time specified in this Section.
c. Provided FWISD has submitted a timely request for reimbursement in
accordance with this Section, Fort Worth shall reimburse FWISD 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 FWISD. In the
event that the State of Texas denies any reimbursement Fort Worth has made to
FWISD as an ineligible expense, FWISD shall pay to Fort Worth an amount
equal to the amount denied by the State of Texas.
d. FWISD shall be responsible for creating and maintaining a record of all costs
incurred, both reimbursed and unreimbursed costs, in providing Sheltering
Services. FWISD shall keep records in both digital and tangible formats.
FWISD shall keep records for three years from the date both parties agree final
invoices have been paid. FWISD 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 FWISD
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 FWISD in excess of the Eligible Reimbursement Expenses.
Harvey Shelter Funding Agreement-FWISD
Page 2 of 6
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.
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: FWISD 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 performance 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, FWISD assumes all risk of and responsibility for any claims against
FWISD that arise out of FWISD's furnishing of Sheltering Services under this Agreement.
8. 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.
Harvey Shelter Funding Agreetwnt-FWISD-
Page
WISDPage 3 or 6
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
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 them.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
Harvey Shelter Funding Agreement-FWISD
Page 4 of 6
With a copy to:
City Attorney
City of Fort Worth
200 Texas Street
Fort Worth,Texas 76102
Fort Worth ISD
Attn: Lori Boswell
100 N. University Drive,
Fort Worth,Texas 76107
With a copy to:
Office of Legal Services
100 N. University, SW 172
Fort Worth,TX 76107
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 Sheller Funding Agreement •FWISD
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
Assistant Citi \Ianauer City Secre
-�0 F-O.&J...�
APPROVED AS TO FORM AND LEGALITY: %I` ; O
Assistant CityAttorni~
CAS
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.
s are of Employee
Asses�M&: Q-`(Qe
Title
FORT WORTH INDEPENDENT SCHOOL DISTRICT,
a political subdivision of the State of Texas and
a legally constituted Independent School District
located with Tarrant County exas
B .
Name: absz-&. ao
Title:
OFFICIAL.RECORD
CITY SUMMARY�jarvey Shelter Funding Agreement-FW1,�D �,.WOR��
Page 6 of 6 r TX
Rhi bi+ "14"
Texa0,13tandard Incident Reiinbureernant Form ;, a
IN STATE MUTUAL AID REIMBURSEMENT INVOICE
Il( [p ilTl V MTS 717-0024::Harvey 201.7 E 0 Emergency Work
R SPS fi? EOC and E-Shelter
F fi1(}R C01T81iErS Piic ;... 08/28/17 TO 09/19/17rYf +� . .
REMIT PAYMENT TO: City of Fort Worth
(Make Check Payable to and 200 Texas Street
mailing address Info) Fort Worth,Texas 76102
Force Account Labor Cost
Regular Time Overtime Sub Total
$ 179 893;77 i,-;,728,00&63' �907,899.40'.
72,977.69 104,011 56 $ F266,98 '24
Labor Cost Total $'. '(,174;888 64,
Travel Cost
Meals::$ 5 693.28: Mileage(POV)Idd ii, t : Airfare/Baggage $
Lodging Rental Vehicle :$ Fuel/Tolls $ _'
Travel Cost Total $., 6,69..3:20=
Force Account Equipment Cost Total
Materials Cost Total $> 20,509:18;
Contract Work Cost Total ;8,153 08`
Rented Equipment Cost Total
Other Costs = I $ -
GRAND TOTAL = ._ 1 291,532:61?
DESCRIPTION OF SERVICES PROVIDED:
Set up and operate shelters within Fort Worth. Activated and ran JEOC for Tarrant County.Meals are not for travel but are the sum of"Group Meals>8"
Tabs for shelters and JEOC.
CERTIFIED AND APPBOVED BY:
SIGNATURE: TITLE: G r&,:f O
ce ,4S-1rr
q
PRINTED NAME: jOT-
DATE: ^� Z/��
EMAIL ADDRESS: ..Jci,1.t�-(' G97' lL�� r' PHONE NUMBER: �� 3'7? CTS
Certifies that the totals for each category/claim are exact'costs expended bythe Ass(§ting Agency to perform the services requested.
Ali adtiitiorial suppartittg 0ocumentatiol not included witH this olaim will be maintained by the Ass�stmg Agency for a `peyotl of
three(3)years following theabove date of submission pf the flnalslgned rrjvoice and may beobtained for audif'purposes by
notifying the Assisting Agency authorized official named Harelrt,or other:appropriate persons..
"In accordance With 2 CFR 200 333:Retention Mquirergents.for reco.rds..
Invoice Reimbursement Form-Final 3/1/2018