HomeMy WebLinkAboutContract 52402 RECEIVED
JON 1 0 2019 CITY SECRETARY
C�ri'CET'ORTWORTH HURRICANE HARVEY CCI�T.R CTIO. 5a4o
Clry SECRETARY 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-rule municipal corporation of the State of Texas ("Fort Worth") and the MHMR
of Tarrant County, a community MHMR center and a governmental unit of the State of
Texas under the provisions of Vernon's Texas Codes Annotated,Health and Safety Code,
§534.001 et seq. ("MHMR") (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, MHMR 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 MHMR'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 MHMR's Reimbursable Expenses (as
hereinafter defined) to the State of Texas for MHMR'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
MHMR 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, MHMR 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. MHMR.must submit requests for reimbursement as soon as practicable but no
later than sixty days after the last date on which Sheltering Services were
performed, or as otherwise approved by Fort Worth. Failure to submit a
request for reimbursement within the specified time frame will result in
MHMR 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
MHMR does not request reimbursement within the time specified in this
Section.
c. Provided MHMR has submitted a timely request for reimbursement in
accordance with this Section, Fort Worth shall reimburse MHMR 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 MHMR. In
the event that the State of Texas denies any reimbursement Fort Worth has
made to MHMR as an ineligible expense, MHMR shall pay to Fort Worth an
amount equal to the amount denied by the State of Texas.
d. MHMR shall be responsible for creating and maintaining a record of all costs
incurred, both reimbursed and unreimbursed costs, in providing Sheltering
Services. MHMR shall keep records in both digital and tangible formats.
MHMR shall keep records for three years from the date both parties agree
final invoices have been paid. MHMR 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
MHMR may include without limitation requests for specific document and
additional information required to fulfill state and/or federal audit requests.
Harvey Shelter Funding Agreement-MHMR
Page 2 of 7
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 MHMR 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.
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: MHMR 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 Goverment 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, MHMR assumes all risk of and responsibility for any claims against
MHMR that arise out of MHMR's furnishing of Sheltering Services under this
Agreement.
Harvey Shelter Funding Agreement-MHMR
Page 3 of 7
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
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.
Harvey Shelter Funding Agreement-MHMR
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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
Kevin McClean,Director of Contracts Management
MHIVIR of Tarrant County
3840 Hulen St.
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 Shelter Funding Agreement-MHMR
Page 5 of 7
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 City M i ty Secret
APPROVED AS TO FORM AND LEGALITY:
M&C: NA
ssistant City Attorney
1295:. NA
City of Fart 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.
Name of Employee
995i5+- i e
Title
MHMR OF
TARRANT COUNTY, a community MHMR center
and a governmental unit of the State of Texas
By: -
Name: Susan tt
Title: Chief Executive Officer
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Harvey Shelter Funding Agreement-MHMR
Page 6 of 7
Exhibit"A"
Sheltering Services
See attached MHMR of Tarrant County"In State Mutual Aid Reimbursement Invoice"
Harvey Shelter Funding Agreement-MHMR
Page 7 of 7
Texas Division of Emergency Management
IN STATE MUTUAL AID REIMBURSEMENT INVOICE
INCIDE"TIEVENT: Hurricane Harvey CATEGORY Category B-Emergency Protective Measures
RESPONSE TIFMAS,IMT,etc...
PERIOD COVERED: L FROM: 08125/17 TO: 09/18/17 DATE SUBMITTED: 10/13/2017,resubmitted 1/30/18
REMIT PAYMENT TO: MHMR of Tarrant County
(Make Check Payable to and 3840 Hulen Street
mal ing address info) Fort Worth.TX 76107
COPIES OF RECEIPTS AND PAYMENT VOUCHERS FOR EACH CLAIM ARE ATTACHED: I] YES ❑ NO
Force Account Labor Cost
Reaular Time Overtime Sub Total
Time Cost Is 8 318.82
Benefit Cost Is 1 919.33
Labor Cost Total = $ 10,238.16
Travel Cost
Meals® Mileage(POV) Airfare/Baggage®
Lodging S�- Rental Vehicle FuellTolls®
Travel Cost Total = $
Force Account Equipment Cost Total = $
Materials Cost Total = 5 328.48
Contract Work Cost Total = $
Rented Equipment Cost Total = l S
Description of"Other'Costs: Other Costs e S -
GRAND TOTAL = $ 10,1i64.82
DESCRIPTION OF SERVICES PROVIDED:
My Health My Resources Tarrant(MHMR)Is the Local Mental Health Authority in Tarrant County,Texas.As a part of area emergency response
planning MHMR provided Disaster Behavioral Health(DBH)coordination and support.
MHMR utilized mult)-discipline Behavioral Health Assistance Teams(GHAT)to interact with evacuees.Trauma impact was captured utilizing
PsySTART•triage.An array of DBH services were utilized to provide targeted behavioral health support as need was Identified. DBH services
provided Include: PsySTART•triage, Listen Protect Connect model of psychological first aid, Mobile Crisis Outreach(MOOT)team addressed
crisis episodes,medication management and psychiatric services.
Disaster response and more specific evacuees in crisis were assessed for medical need by a psychiatrist. We utilized an expeditious process
circumventing mainstream intake processes.There was not an assessment for financial or Insurance resources such as Medicare or Medicaid.
I certify that the totals for each category/ciafm 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: Senior Director of Accounting
PRINTED NAME: 4n� Renee Barker DATE: 1 0/1 312 01 7,resubmitted EMAIL ADDRESS: Svdrev.S9rker0mhmjcm PHONE NUMBER: 817 569-4310 f 3 191
Invoice Copy of Hurricane Harvey MHMR Resubmission FINAL Jan20l8.xisx 3/19/2018