HomeMy WebLinkAboutContract 52334 Is
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May 22 2019 CITY SECRETARY t j
of V135\N00A CONTRACT NO. Jr�3�1
AGREEMENT BETWEEN THE CITY OF FORT WORTH AND TARRANT COUNTY
HOMELESS COALITION TO ADMINISTER THE DIRECT CLIENT SERVICE FUND
This AGREEMENT to administer the direct client service fund ("Agreement") is made
and entered into by and between the CITY OF FORT WORTH, a Texas home rule municipality
("City"),and TARRANT COUNTY HOMELESS COALITION,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 of Fort Worth issued a Request for Proposals on February 6, 2019
for services to help achieve the goals of the Directions Home program and reduce
homelessness in Fort Worth through provision of one-time assistance obtaining housing or
through diversion;
3. WHEREAS, Agency serves as the Lead Agency, Collaborative Applicant, and HMIS
Administrator for Tarrant and Parker counties' Continuum of Care;
4. WHEREAS, Agency submitted a proposal to administer the direct client service fund,
including providing necessary funding to other agencies who provide services that help
end and reduce homelessness that are not already grant-funded for those services;
5. WHEREAS,the direct client service fund is a fund of last resort to provide service agencies
with a financial resource to assist with moving clients of out homelessness quickly. Use
of funds is restricted to goods and services which directly relate to housing and cash
assistance is strictly prohibited;
6. 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:
CITY OF FORT WORTH i>� t� y
Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—
SERVICE FUND FT. WORTH,TX
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" ((B999"C" "W' or "E"and the terms and conditions set forth in the
body of this Agreement, the terms and conditions of this Agreement shall control.
1. SCOPE OF SERVICES.
1.1 Agency shall provide City with administration of the direct client service fund in order
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 Agency agreed to provide a quarterly report in the form attached as Exhibit"D"
to document the performance of the work described in Exhibit"A".
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(July,October,January and April),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.
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This Agreement shall begin on April 1, 2019 ("Effective Date") and shall expire on
September 30, 2019 ("Expiration Date"), unless terminated earlier in accordance with this
Agreement ("Initial Term"). City shall have the option, in its sole discretion, to renew this
Agreement under the same terms and conditions, except for the compensation amount which shall
be provided at the time of the renewal, for 1 additional I-year 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$200,000.00 ("Program Funds"), and shall be paid to Agency on a reimbursement basis.
Agency shall not perform any additional services for City not specified by this Agreement unless
City requests and approves 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. Submittal of a monthly RRF and reports is required even if services are not
provided.
3.3 The monthly RRF should be sequentially numbered and include expense
documentation that is detailed,clear and concise. The submission shall include applicable monthly
reports. Submissions must be scanned and submitted to the Directions Home Program Manager.
Submissions should be titled"TARRANT COUNTY HOMELESS COALITION—RFR Month
— DIRECT CLIENT SERVICE FUND" and sent either via email to
Tara.Perez@fortworthtexas.gov or via mail to ATTENTION: Tara Perez, Directions Home
Manager, City Manager's Office, 200 Texas Street, Fort Worth TX 76102. 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,
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.
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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 either email to
Tara.Perez@fortworthtexas.gov or to the Tara Perez, Directions Home Manager, City Manager's
Office,200 Texas Street, Fort Worth TX 76102.
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 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
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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
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.
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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,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OF ANYKIND 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, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF AGENCY,ITS OFFICERS,
AGENTS,SERVANTS OR EMPLOYEES.
This section shall survive the expiration or termination of this Agreement.
9. ASSIGNMENT AND SUBCONTRACTING.
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.
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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
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
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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 sat:.sfaction 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.
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
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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 Tarrant County Homeless Coalition
City Manager's Office Attn: Tammy McGhee, Executive Director
Attn: Tara Perez,Directions Home Manager 300 S. Beach Street
200 Texas Street Fort Worth TX 76105
Fort Worth, TX 76102-6314 Facsimile: (817) 791-9489
Facsimile: (817)392-2235
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
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.
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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, material or labor
restrictions by any governmental authority, transportation problems and/or any other similar
causes.
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.
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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.
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.
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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.
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
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.
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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.
[SIGNATURE PAGE TO FOLLOW]
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CITY OF FORT WORTH Page 13 of 24
Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—DIRECT CLIENT
SERVICE FUND
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
this contract,including ensuring all performance and
By. -75�-Name: 'Fernando Costa reporting requirements.
Title: Assistant City Manager
Date: 20 !9 By:
Name: Tara Perez
APPROVAL RECOMMENDED: Title: Directions Home 4nager
�n APPROVED AS TO FORM AND LEGALITY:
By: W I a �_
Name: Tara Perez
Title: Directions Home Ma r By:
Jo Ann Pate
ATTEST: T fl : Assistant City Attorney
ONTRACT AUTHORIZATIO
k e: Mary J.Kayserle: City Secretary _
Agency: M
ATTEST:
By: By. c Name: In Name: c
CITY OF FORT WORTHS
Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—D
SERVICE FUNDIT �
FT. WORTH,TX
Title: 0-X' C u T t v'F r"c x- Title: o rw5 ei
Date: 5-A SL(j
CITY OF FORT WORTH Page 15 of 24
Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—DIRECT CLIENT
SERVICE FUND
EXHIBIT"A"
SCOPE OF SERVICES
DIRECT CLIENT SERVICE FL"ND
TARRANT COUNTY HOMELESS COALITION will do the following:
• Assist 350 Fort Worth households with one time funds to move into permanent housing;
• Eligible households are persons in the City of Fort Worth who meet the United States
Department of Housing and Urban Development(HUD)definition of literally homeless;
• Agencies will make payments to housing providers — most often apartment owners - for
fees necessary in order to house the client. Depending on whether a client has income,
evictions,a criminal record and/or a rental history,apartment owners charge additional fees
such as opportunity fees and high risk fees.
• No money will ever paid directly to the client.
• Reimburse agencies who have used funds in one of these categories up to $1,500 per
household:
o Housing expenses not covered by a program's grant, including application fees,
apartment administrative fees, security deposits, high risk fees, opportunity fees
and utility deposits;
o Diversion/Rapid Exit expenses which include bus tickets to reunite with family,
and application fees, apartment administrative fees, security deposits, high risk
fees, opportunity fees, first month's rent and utility deposit for clients without a
housing program;
o If housing fees are over$1,500 per household,Tarrant County Homeless Coalition
will request a waiver from Directions Home staff to pay the higher fee;
• Reimbursement requests will only be honored if
o Agency enters a Direct Client Service Fund touchpoint in HMIS and includes:
■ Type of funding categories for the reimbursement;
■ Total amount of reimbursements for that client;
■ Supporting documentation,to be uploaded and include;
• Receipt of expenditures;
• Supporting documentation of expenditure;
• Proof of income;
• Approved requests will be processed and reimbursement will be submitted electronically
to the requesting agency by the 20a'of the month
Evaluation:
Supportive Services Agreement—Exhibits Page 16 of 24
Evaluation meetings will be held with Directions Home staff to continually evaluate program and
Agency shall comply as necessary and in good faith.
Based on the rate of spending,Directions Home staff reserves the right to adjust funding categories
and spending levels with Tarrant County Homeless Coalition.
Financial reporting:
Reimbursement Request and any necessary supporting documentation and reports will be
submitted by the 15t'of every month in format of Exhibit"C".
Programmatic reporting:
Monthly reports will be submitted by the 15`'of every month in format of Exhibit`'D". Quarterly
reports will be submitted by the 15t'of July, October, January and April in the format of Exhibit
Supportive Services Agreement—Exhibits Page 17 of 24
EXHIBIT"B"
BUDGET
Agency will submit invoice for reimbursement by the 1511 of the month following the month
services were provided.
This report shall itemize each monthly expense requested for reimbursement by the Agency and
shall be included in Budget submitted. In order for this report to be complete the following must
be submitted:
For payroll expenses, timesheets signed and dated by employees and approved by
supervisor for all payroll expenses listed with the code of time being billed to
City/Directions Home. Paystub must include pay period, date paid, amount and
expenses (salary, FICA, benefits etc). If pay stubs are unavailable, payroll registries
with applicable expenses highlighted and labeled will suffice. Agency may not submit
payroll expenses dated 60 calendar days prior to the date of the Reimbursement Request
with the exception of the first Reimbursement Request which may include items from
the Effective Date of the Agreement to the end of the reporting month.
For non-payroll expenses, invoices for each expense listed. Agency may not submit
invoices dated 60 calendar days prior to the date of the Reimbursement Request with
the exception of the first Reimbursement Request which may include items from the
Effective Date of the Agreement to the end of the reporting month.
Proof that each expense was paid by the Agency., which proof can be satisfied by
cancelled checks. . If a cancelled check is not possible, a bank statement with the
expense highlighted and labeled will suffice.
If allocations percentages are used, all documentation must be submitted with the first
month's invoice.
For the audit, bank statements showing payments, Form 941 s and allocation
documentation will be reviewed.
Reimbursement Requests shall be submitted to:
City Manager's Office
Directions Home
Attention Tara Perez
200 Texas Street
Fort Worth TX 76102
Supportive Services Agreement—Exhibits Page 18 of 24
PROGRAM COSTS Total
$20%000.00
A.PERSONNEL(ft title)
Office Manager $10,500.00
PERSONNEL TOTAL: $10,500.00
B. FRINGE BENEFITS
Office M�n�a er $1,500.00
FRINGE BENEFITS TOTAL: s1r5m.00
C. MILEAGE
MILEAGE TOTAL: ------.
D. CELL PHONES/EQUIPMENT
CELL PHONESIEQI,Llj!WNT TOTAL:
E. CLIENT EXPENSES
Direct Client Assistance $188,000.00
CLIENT EXPENSES TOTAL: $188,000.00
PF. OTHER APPROVED-
OTHER APPROVED TOTAL:
TOTAL PROGRAM COST: $200,000.00
Direct Client Assistance is defined as housing expenses not covered by a program's grant,
including application fees, apartment administrative fees, security deposits,high risk fees,
opportunity fees and utility deposits; and Diversion/Rapid Exit expenses which include bus
tickets to reunite with family, and application fees, apartment administrative fees,security
deposits,high risk fees,opportunity fees, first month's rent and utility deposit for clients without
a housing program
Supportive Services Agreement-Exhibits Page 19 of 24
EXHIBIT"C"
REIMBURSEMENT REQUEST FORM
Expenses Name of employee or Ammint Date Check
client Invoiced 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
Disability Insurance
Retirement
Retirement
Retirement
Unemployment Insurance
Unemployment Insurance
Unemployment Insurance
Workers Compensation
Workers Compensation
Workers Compensation
Total of all Benefits:
Mileage
Mileage
Mileage
Mileage Total:
Cell phone
Cell phone
Supportive Services Agreement—Exhibits Page 20 of 24
Cell phone
Cell Phone Total:
Type of Client
Ex enseNendor
Client Expense Total:
OperationsNendor:
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
A B C D E
Total Previous This Remaining
Budget Reimbursements Months Total Request Balance Available
Budget Category Amount Requested Request to Date(B+D) (A-D)
Personnel
Fringe Benefits
Mileage
Cell
phone/Equipment
Client Costs
Other
Tota I
Supportive Services Agreement—Exhibits Page 21 of 24
EXHIBIT "D"
REPORTING FORMS
Quarterly Report
Current Reporting
Quarter _
Submitting Agency
Contact Name
Phone Number and
Email _
Remit Address
Please include outcome narrative that describes how measure was accomplished for each
quarter.
Effectiveness Measures and Qu rterly Outcomes
Measure 1 . Less than 15% of diversion and/or rapid exit clients enter homelessness
within a year of receiving direct client assistance funds
Outcome
Measure 2
Outcome
Measure 3
Outcome
I have reviewed this report and certify that the measures provided are accurate and
appropriately reflect the Directions Home goals set forth in the contract.
Authorized Signatory Signator`, Title
Date
Supportive Services Agreement—Exhibits Page 22 of 24
Monthly Report
April May June July August September
Total Number Assisted
Amount of assistance other
programs would not cover
Amount of assistance that
was diversion/rapid exit
(no housing program)
Total Amount of Assistance
Supportive Services Agreement—Exhibits Page 23 of 24
EXHIBIT "E"
REQUEST FOR BUDGET MODIFIU ATION
Date
Submitting Agency
Contact Name
Phone Number and Email _
Remit Address
PROGRAM COSTS
Budget Category Approved Budget Change Re Lu_ested 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 24 of 24
Official site m the City*Fort Worth,Texas
CITY COUNCIL AGENDA FORT WORTH
COUNCIL ACTION: Approved on 4/2/2019
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REFERENCE U2D|RECT|ONSHOK4E
DATE: 4/2/2U19 C'28U83 LC>E; ���88E'
' NO.: ' CONTRACTS
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of Agreements with Listed Public Service Agencies in an Amount Up
to $1,758,668.00 for an Initial Six-Month Term for the Continuation of Directions Home
Initiatives and Authorize Renewal Options for Fiscal Year 2020 in a Combined Amount
Upto$3.83O.150.00 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
}tis recommended that the City Council:
1. Authorize the City Manager or his designee to execute agreements with agencies listed below in a
combined amount up to$1,758,668.00 for a term commencing April 1, 2019 and terminating September 30,
2U19 for the continuation of Directions Home inidndves�
.
2. Authorize the City Manager or his designee to renew the agreements for Fiscal Year 2020 with the
agencies listed below for up to one year in a combined amount up to$3,930,156.00 for the continuation of
Directions Home initiatives in order to align Directions Home program year with the City's fison| year;
3. Authorize the City Manager or his designee to amend the agreements if necessary to achieve program
goals provided that the amendment is within the scope of the program and in compliance with City policies
and applicable laws and regulations.
DISCUSSION:
On June 17, 2008, the City adopted Directions Home, the City's plan to make homelessness rare, short-
termnndnonreouning (Reoo|utionNo. 3028'U8'2UO8). ThaUnitedVVnyofTornantCounh/ (UnitedVVny) hns
served as the fiscal and grant-making agent for public and private funds in support of Directions Home for
the previous 10 years. This year, there are two changes regarding the expenditure of Directions Home's
funds. The City will now serve as the fiscal and grant-making agent due to United Way's capacity issues,
and the Directions Home April to March program year will be changed to align with the City's Fiscal Year
beginning October 1, 2019.
Because the initial term of the agreements is six months, only a portion (up to $1,758,668.00) of the Fiscal
Year 2019 (FY1 9) Directions Home budget will actually be expended during FY1 9. Residual funds from
FY2O18 will be addressed during the FY2U2O (FY2U) budget development. For FY2U' the total amount for
the renewals will be up to $3,930,156.00. This amount includes the anticipated budget for Directions Home
for FY20 as well as the unspent funds from FY1 9. The exact amount of the renewals will be determined at
the beginning of FY20 when the actual budget is known. This one-time structure will allow Directions Home
to align with the City's Fiscal Year while continuing to further its program goals without disrupting necessary
services. The rollover of funding caused by this structure will allow Directions Home to support one-time
innovative programs to reduce family/ch ild hood homelessness. The Directions Home contract cycle will be
in line with the City's Fiscal Year beginning in Fioon| Yenr2O21.
Directions Home staff issued a Request for Proposals through the City's Purchasing Division on February 6,
2U18. The solicitation was advertised in the on Februnry0. 13. 2O. and 27. The
City closed the RFP on February 28, 2019. In order to align with the City's Fiscal Year, the Directions Home
RFP included funding for an initial six-month termn. April 1 ' September3O of2U1S (Initial Tarm), with n
renewal ofuptoa year nt the City's discretion.
City staff recommends awarding agreements to the listed agencies in the listed amounts:
Program Description Agency Funding FY 19 Funding FY 20
Case Management Assisting clients in My Health,My Up to Up to$360,000.00
for Permanent setting and fulfilling Resources of Tarrant $180,000.00
Supportive Housing goals such as County(MHMR)
Clients health, education,
employment,
housing stability for
150 permanent
supportive housing
clients
Case Management Case Management Day Resource Center Up to Up to$300,000.00
for Permanent for Permanent for the Homeless d/b/a $150,000.00
Supportive Housing Supportive DRC Solutions
Clients Housing
Clients Assisting
clients in setting
and fulfilling goals
such as health,
education,
employment,
housing stability for
75-125 permanent
supportive housing
clients(depending
on voucher
availability for
permanent
supportive
housing)
Rental Assistance Provide rental Housing Authority of the Up to Up to$715,000.00
and Administration assistance(which City of Fort Worth dba $357,500.00
for Permanent is the difference Fort Worth Housing
Supportive Housing between Fair Solutions
Clients Market Rent and
the client's 30%
contribution of
income, if
applicable)to
landlords of up to
85 permanent
supportive housing
clients;
Mental Health Focus on housing My Health, My Up to Up to$150,000.00
Services for stability by Resources of Tarrant $75,000.00
Permanent addressing County(MHMR)
Supportive Housing addiction, mental
Clients health, social,
coping skills and
other adjustment
difficulties;
Rapid Rehousing Maximize state and SafeHaven of Tarrant Up to Up to$107,056.00
federal rapid County $53,528.00
rehousing rental
assistance funds
by funding case
management for
rapid rehousing
clients
Rapid Maximize state and Center for Transforming Up to Up to$137,948.00
Rehousing federal rapid Lives $68,974.00
rehousing rental
assistance funds
by funding case
management for
rapid rehousing
clients
Rapid New program to The Presbyterian Night Up to Up to$330,000.00
Exit/Employment improve the flow at Shelter of Tarrant $165,000.00
Case Management emergency County, Inc.
shelters and
red u ce
homelessness by
quickly connecting
clients who need
very limited
assistance with
housing;
Cold Weather Prevent anyone The Presbyterian Night Up to Up to$200,000.00
Overflow Emergency from needing to Shelter of Tarrant $100,000.00
Shelter Operations sleep outside in County, Inc.
severe cold
weather conditions;
Critical Documents Produce Day Resource Center Up to Up to$150,000.00
Clerk and Funding documents for the Homeless d/b/a $75,000.00
necessary for DRC Solutions
housing and
employment for
clients
experiencing
homelessness;
Direct Client Services Provide one time Tarrant County Up to Up to$400,000.00
Fund funds to quickly Homeless Coalition $200,000.00
divert or rapidly exit
households from
the homeless
system
Navigators Reduce the length Tarrant County Up to Up to$67,336.00
of time homeless Homeless Coalition $33,668.00
by assisting
assigned clients
with unit location
and gathering
documentation for
clients at the top of
the permanent
supportive and
rapid rehousing
lists
Reducing New program to The Presbyterian Night Up to Up to
Family/Childhood reduce the number Shelter of Tarrant $300,000.00 $1,012,820.00
Homelessness of literally County, Inc.
homeless families
Because the exact amount of funding for FY20 cannot be determined at this time, the amounts included for
FY20 are estimates based on current funding and the anticipated Directions Home budget for FY20. In the
event that Directions Home funding in FY20 is less than anticipated, the funding included for the listed
agencies for FY20 will remain the same except for funding for reducing family and childhood homelessness
(The Presbyterian Night Shelter of Tarrant County, Inc) and funding for direct client services (Tarrant County
Homeless Coalition), which will be decreased to the extent necessary to match actual available funding. This
M&C authorizes the City Manager or his designee to approve the renewal amounts up to the amounts listed
above, including any decreases for the specified agencies necessary to bring the total renewal amounts in
line with actual FY20 funding. Agencies impacted by a decrease in funding will be notified as soon as
practicable.
Directions Home services and programs are available in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget as appropriated, of
the General Fund and that prior to an expenditure being made; the City Manager's Office has the
responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
10100 0022002 5330201 2019 $1,758,668.0
FROM
Fund I Department I Account I Project Program Activity I Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Tara Perez (2235)
Additional Information Contact: Tara Perez (2235)
ATTACHMENTS
1295 Navigation signed Redacted.pdf
CTL Form 1295 CFW DH RRH 2O19 Redacted.pdf
MC Directions Home Budget.pdf
RFP 1295 Redacted.pdf