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HomeMy WebLinkAboutContract 52807 l �ErEivE✓ 'L CITYSECRETARY N SEP a 2o1g N► CONTRACT NO..—5a80-] �° oRT vvo�Tti , Gl CITY SEGflETARY A MENT BETWEEN THE CITY OF FORT WORTH AND TARRANT COUNTY HOMELESS COALITION FOR CONTINUUM OF CARE SUPPORT This AGREEMENT to support the activities of the Continuum of Care("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, Agency serves as the Lead Agency, Collaborative Applicant, and HMIS Administrator for Tarrant and Parker counties' Continuum of Care; 3. WHEREAS, Agency is the only agency that can provide these services and is thus a sole source provider; 4. WHEREAS, the support of Continuum of Care activities is essential to strengthening the homeless system. The use of new reporting software, case manager training, landlord engagement and planning activities are all vital to the functioning of the Continuum of Care and serve the public purpose of combating,reducing, and ending homelessness; 5. 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: 1. This Agreement for Supportive Services; 2. Exhibit"A"—Scope of Services; 3. Exhibit"B"—Budget; - 4. Exhibit"C"—Reimbursement Request Form OFFICIAL RECORD 5. Exhibit"D"—Reporting Forms 6. Exhibit"Ell --Request for Budget Modification Form CITY SECRETARY FT. WORTH,TX CITY OF FORT WORTH Page 1 of 27 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—CONTINUUM OF CARE SUPPORT Exhibits "A", "B", "C", "D", and "E" which are attached 4ereto and incorporated"hin, are Y made a part of this Agreement for all purposes. In the event of any conflict between the to conditions of Exhibits "A71,"B" "C" "D" or "E" and the t-,rms 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 ("Senri�es'), which are more particularly described in Exhibit"A"—Scope of Service. 1.2 Program Performance. 1.2.1 Agency agrees to maintain full documentatior 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. This Agreement shall begin on April 1, 2019 ("Effective Date") and shall expire on September 30, 2020 ("Expiration Date"), unless terminated earlier in accordance with this Agreement("Initial Term"). 3. COMPENSATION. CITY OF FORT WORTH Page 2 of 27 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—CONTINUUM OF CARE SUPPORT 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$250,000.00 ("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 — CONTINUUM OF CARE SUPPORT" 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. 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 CITY OF FORT WORTH Page 3 of 27 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—CONTINUUM OF CARE SUPPORT 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 mcdification 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 entail 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 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. CITY OF FORT WORTH Page 4 of 27 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—CONTINUUM OF CARE SUPPORT 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. 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, CITY OF FORT WORTH Page 5 of 27 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—CONTINUUM OF CARE SUPPORT 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, FROM AND A GAINST ANYAND ALL CLAIMS OR LA WSUITS OF ANY KIND OR CHARA CTER, 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, INCL UDING DEATH, TO ANY AND ALL PERSONS, ARISING O UT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCL 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. 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. CITY OF FORT WORTH Page 6 of 27 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—CONTINUUM OF CARE SUPPORT 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 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 CITY OF FORT WORTH Page 7 of 27 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—CONTINUUM OF CARE SUPPORT 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 satisfaction 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 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. CITY OF FORT WORTH Page 8 of 27 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—CONTINUUM OF CARE SUPPORT i 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. 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. CITY OF FORT WORTH Page 9 of 27 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—CONTINUUM OF CARE SUPPORT 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. 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, CITY OF FORT WORTH Page 10 of 27 Agreement for Homeless Services—TARRANT COUNTY HOMELESS(POALITION—CONTINUUM OF CARE SUPPORT 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. 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- CITY OF FORT WORTH Page 11 of 27 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—CONTINUUM OF CARE SUPPORT hire" within the meaning of the Copyright Act of 1976, as a,nended, 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 seyret,and all other proprietary rights therein,that City may have or obtain,without further consideTAtion, 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 apprgving 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 tl at 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. 31. CONFIDENTIAL INFORMATION Agency acknowledges that the City is a governmental. -ntity 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 comnion law, to any and all materials contained as part of this agreement including all documents am information referenced herein or attached hereto. CITY OF FORT WORTH Page 12 of 27 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—CONTINUUM OF CARE SUPPORT [SIGNATURE PAGE TO FOLLOW] CITY OF FORT WORTH Page 13 of 27 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—CONTINUUM OF CARE SUPPORT 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 B this contract,including ensuring all performance and Y reporting requirements. Nameernando Costa Title: Assistant City Manager Date: 9 AA C OA By: NamcYTWa Pere APPROVAL RECOMMENDED: Title: Directions Home Mana r (� VjW APPROVED AS TO FORM AND LE ALITY: By: Ul Name: Tara Perez Title: Directions Home&ager By: a e•2��, n Pate ATTEST: T Assistant City Attorney CONT CT AUTHORIZATION: M&C: I9-0o5 0t U$/17/19 By: � 1295: a0tq-6a309b ame: J. Title: Ci Secr �. E Agency: 1--L,ZDI ATTEST: By: By: `-- Name: A /►t Name: _� A�r- Title: exec4,,w- -bPtrc A— Title: Date: /Z h i _ OFFICIAL R CORD CITY SECRETARY ra min CITY OF FORT WORTH Page 14 of 27/ TX Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—CONTINUUM OF CARE SUPPORT EXHIBIT "A" SCOPE OF SERVICES CONTINUUM OF CARE SUPPORT TARRANT COUNTY HOMELESS COALITION will do the following: As the HUD designated lead agency, Tarrant County Homeless Coalition is able to support and strengthen the entire homeless system in Tarrant and Parker counties. The four funded CoC support activities will be planning,reporting software, case manager training and landlord engagement. Program Funds may used on the following activities and programs in the amounts allocated in Exhibit B. Provide data collection assistance/planning to the Continuum of Care: TCHC will have a planning manager who: - Provides staff support for the Continuum of Care Board of Directors and Board committees - Provides staff support for the Continuum of Care Community Wide Strategic Plan development and on-going implementation - Conducts the Annual Point In Time Count - Hosts the Annual State of Homelessness Address - Writes the Annual State of the Homeless Report(including community needs and gaps) - Conducts community wide trainings for case managers (monthly general meetings, case manager boot camps, and other specialized trainings) - Administers the annual NOFA process including writing the CoC grant as the collaborative applicant - Annually monitors and evaluates of all CoC programs and producing program Scorecards for the annual competition - Provides year-round technical assistance for all CoC programs - Produces Quarterly Community Updates on Homelessness (Leadership Report) - Produces bi-annual APRs for all CoC programs - Produces annual reports for agency level CAPER data needs While the annual HUD grant provides some dollars to conduct community activities and produce community reports, it does not cover all the need. The Directions Home dollars would be used as match for Continuum of Care planning. Provide automated Coordinated Entry and cross systems reporting: This agreement will allow TCHC to contract with a qualified software provider to enhance and streamline its current HMIS software-Efforts to Outcomes which enable: - Automation of Coordinated Entry by providing a software platform to centralize, automate and prioritize matching housing opportunities to people in need of housing using data already being collected. Supportive Services Agreement—Exhibits Page 15 of 27 - Cross systems data integration with a wide array of p ers -law enforcement,hospitals, school districts and others -and customize reports detailing our current system and how resources can more efficiently be utilized. - It serves as a data integration platform and analytic data warehouse that supports care coordination, coordinated entry processes, and in-depth analysis of homeless services. - Continued improvements and maintenance of reporting software Provide system-wide training on best practices in homeless services: TCHC will develop a Learning Institute,a curriculum-based se-ies of trainings on evidence based interventions and proven skills needed to provide a structure of care to those experiencing homelessness.TCHC will hire a full-time training coordinator to oversee the Learning Institute. Computer Based Learning as well as workshops will be part of the Learning Institute. Upon completion of the program,participants will have the opportunity to earn a certificate in homeless services. The program is still expected to last 8-10 weeks for each cohort of participants and the first pilot cohort of 15 case managers should have the opportunity to earn their certificate by the end of 2019. The goal of the Learning Institute is to better equip the community's front-line staff for the complex challenges they experience in their jobs every day. Provide system-wide landlord engagement: TCHC will develop a system-wide landlord engagement strategy including training for landlords as well as homeless service providers. TCHC will also serve as a single point of contact for landlords that have tenants with homeless-related housing vouc ers or rental assistance. As part of a landlord engagement project, TCHC will create mediation trocess for landlords and tenants. To accomplish this, TCHC will dedicate an operations coordinator half-time to landlord engagement. Funds for landlord mediation,housing inventory software and landlord incentives will also be used to promote landlord engagement. Evaluation: Evaluation meetings will be held with Directions Home staff to continually evaluate program and Agency shall comply as necessary and in good faith. Financial reporting: Reimbursement Request and any necessary supporting documentation and reports will be submitted by the 15`h of every month in format of Exhibit"C". Programmatic reporting: Monthly reports will be submitted by the 15'h of every month in f brmat of Exhibit"D". Quarterly reports will be submitted by the 15a'of July, October, January a id April in the format of Exhibit «D». Supportive Services Agreement—Exhibits Page 16 of 27 EXHIBIT "B" BUDGET Agency will submit invoice for reimbursement by the 151' 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 17 of 27 Supportive Services Agreement—Exhibits Page 18 of 27 PROGRAM COSTS Total- A. PERSONNEL My title (T) CoC Training Coordinator $59,375.00 (L) CoC Operations Coordinator-50% -- $29,688.00 (P)CoC Planning Manager- 10% $7,500.00 PERSONNEL TOTAL: - $96,563.00 B. FRINGE BENEFITS CoC Training Coordinator _ T _— $11,895.00 CoC Operations Coordinator $5,947.00 J ! (P)CoC Planning Manager - _ $1,309.00 FRINGE BENEFITS TOTAL: _ $19,151.00 4 C. MILEAGE --------------------- ------ --------- ------ -- r_. - _ __ - _—{ CoC Training Coordinator_ _ $750.00 _ _-_ CoC Operations Coordinator-50% _ $375.00 MILEAGE TOTAL: _ _ �^ $1,125.00 D. CELL PHONES/EQUIPMENT ( CoC Training Coordinator _ $975.00 _ (L) CoC Operations Coordinator-50% _ _ $488.00 CELL PHONES/E UIPMENT TOTAL: $12463.00 j E. CLIENT EXPENSES CLIENT EXPENSES TOTAL:--- �-� ----- --- �—��- -- �— -_ -0 j F. OTHER APPROVED (T) Computer Based Learning System(Training) $3,600.00 $240/month (R)Qualified Software Provider - $50,000.00 (P) Planning expenses(PIT Count, SOHA,NOFA grant $1100.00 administration,printing and communications) (L)Landlord Mediation services $10,000.00 --- - (L)Housing inventory software _ _ $12,000.00 (T)Training expenses(materials,trainings,incentives, $10,098.00 etc) )Landlord incentives _ $10,000.00 (A)Administration (accounting, HR, rent @ 10%) $25,000.00 OTHER APPROVED TOTAL: $131,698.00 ` TOTAL PROGRAM COST: $250,000.00 Supportive Services Agreement—Exhibits Page 19 of 27 COST PER PROGRAM: PlauOugAU4 Collection-$19*9 Reporting Software-$50,000 a)Training_$86,69 - - - - (L)Landlord Engagement-$68,498 AA�Administration-$25,000 Supportive Services Agreement—Exhibits Page 20 of 27 EXHIBIT "C" REIMBURSEMENT REOUEST FORM Expenses Name of employee or Amount 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 21 of 27 Cell phone Cell Phone Total: Type of Client Ex enseNendor Client Expense Total: Operations/Vendor: 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 Montlh's 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 Total Supportive Services Agreement—Exhibits Page 22 of 27 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 Quarterly Outcomes Measure 1 Planning-One leadership report will be produced quarterly Outcome Measure 2 Planning-Dashboards for Community Strategic Plan will be produced quarterly Outcome Measure 3 Software - Quarterly reports on the following measures: Average length of time homeless-system data and emergency shelter data Returns to homelessness - system, RRH, PSH and later rapid exit data Increases in income-RRH,PSH and later rapid exit Exits to permanent housing - system, emergency shelters,transitional housing,RRH,PSH and later rapid exit Inflows/Outflows - system,veterans,families and later youth Outcome Measure 4 Training-At least 75%of case management institute participants will report gaining new knowledge/skills/expertise Outcome Measure 5 Training-Number graduated from Institute Supportive Services Agreement—Exhibits Page 23 of 27 Outcome Measure 6 Landlord engagement-Number of MOU or partnerships created with landlords Outcome Measure 7 Landlord engagement-Number of landlords who adopted CoC tenant screening criteria Outcome ^ Measure 8 Landlord engagement-Progress on establishing single point of contact for landlords with implementation timelines of April 1, 2020 and then number of contacts per quarter Outcome Measure 9 Landlord engagement- Progress on creation of mediation process with implementation timeline of June 1, 2020 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 Signatory Title Date Supportive Services Agreement—Exhibits Page 24 of 27 Monthly Reports Planning July August September October November December September Number of CoC board, committee, workgroup meetings the planning team staffed List of reports produced, other CoC activities, planning activities completed Software Reporting July August September October November December Number of people trained on Green River Dashboards reflecting errors,timeliness, utilization Case Manager Training July August September October November December Number of people trained in case manager institute classes Number of classes offered Supportive Services Agreement—Exhibits Page 25 of 27 Landlord Engagement July August September_ October November December Number of interviews, surveys, engagement opportunities with landlords and property management Number of landlords and property management staff trained Supportive Services Agreement—Exhibits Page 26 of 27 EXHIBIT "E" REQUEST FOR BUDGET MODIFICATION Date Submitting Agency Contact Name Phone Number and Email Remit Address PROGRAM COSTS Budget Category Approved Budget Change Requested 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 Modification Approved Modification NOT Approved Staff Signature Date Supportive Services Agreement—Exhibits Page 27 of 27 9/20/2019 City of Fort Worth-File#:M&C 19-0052 Sign In Home Legislation Calendar City Council Departments -.-n . r]RSS 1d Alerts Details Reports File#: M&C 19-0052 Version: 1 Name: Type: Award of Contract Consent Status: Passed File created: 8/6/2019 In control: CITY COUNCIL On agenda: 8/27/2019 Final action: 8/27/2019 Title: Authorize Execution of Agreement with Tarrant County Homeless Coalition in the Amount of$250,000.00 for Purchasing Reporting Software, Collecting Data,Training Case Managers and Engaging Landlords(ALL COUNCIL DISTRICTS) Attachments: 1.M&C 19-0052,2.TCHC Sole Source Exemption.pdf History(1) Text 1 record Group Export Date Ver. Action By Action Result 1 Action Details J Meeting Details J Video 8/27/2019 1 CITY COUNCIL approved Action details Meeting details Not available https://fbrtworthgov.legistar.com/LegislationDetaii.aspx?ID=4079912&GUID=5727273B-03FC-4C6F-A578-D69B9212F5AD&Options=&Search= 1/1 M&C Review Page 1 of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT IVORTH DATE: 8/27/2019 REFERENCE""M&C 19- LOG 02DIRECTIONSHOMECONTRACTFORCOCSUPPORT NO.: 0052 NAME: CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Agreement with Tarrant County Homeless Coalition in the Amount of $250,000.00 for Purchasing Reporting Software, Collecting Data, Training Case Managers and Engaging Landlords (ALL COUNCIL DISTRICTS) RECOMMENDATION: RECOMMENDATION: It is recommended that the City Council: 1.Authorize the City Manager or his designee to execute an agreement with Tarrant County Homeless Coalition in the amount of$250,000.00 for a term commencing April 1, 2019, and terminating September 30, 2020, for the support of the Continuum of Care (CoC) and continuation of Directions Home initiatives; 2. Authorize the City Manager or his designee to amend the agreement 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. 3. Find that funding this contract carries out the public purpose of combating, reducing, and ending homelessness and that adequate controls are in place through the Contract to carry out such public purpose. DISCUSSION: On June 17, 2008, the City adopted Directions Home, the City's plan to make homelessness rare, short-term and nonrecurring (Resolution No. 3628-06-2008). Tarrant County Homeless Coalition is the U.S. Department of Housing and Urban Development(HUD) lead agency for the Continuum of Care that covers Tarrant and Parker counties. Tarrant County Homeless Coalition (TCHC) is also the collaborative applicant and Homeless Management Information Services (HMIS) administrator for the system. Because of these roles, TCHC is in a unique position to support the entire homeless system. Area homeless service agencies report client information to TCHC. Then TCHC can report out system level measures to determine areas of success and outstanding needs. Directions Home uses the system and program level data to evaluate the success of current initiatives and what programs Directions Home should consider funding to make the most significant impact on targeted initiatives. The contract with Tarrant County Homeless Coalition will support HUD-mandated planning activities and provide the necessary grant match. The contract will also support reporting software upgrades to allow better reporting of homeless data, which is disseminated to the City and other local providers. The contract will also support the establishment of a Learning Institute for case managers to further professional development in homeless best practices. The City has identified that landlord engagement is essential to expand the availability of apartments to those exiting homelessness. This contract will also allow TCHC to design and implement a landlord engagement program that includes centralized point of contact and incentives. Funding Breakdown: Continuum of Care data collection $19,809.00 Reporting software 50,000.00 Training for case managers 86,693.00 Landlord engagement 68,498.00 i „ ii r i •1 1 i - n^fnnl 0 _ ______*i_1_,_ nines/nnin niininnin M&C Review Page 2 of 3 Administration 25,000.00 Total $250,000.00 These activities will support and improve the local homeless system and benefit the City's objectives and goals of reducing and ending homelessness. By approving this M&C, the City Council finds that this agreement will be used to make critical upgrades and provide essential services that will serve the important and legitimate public purpose of combating, reducing, and ending homelessness in our community. Further, the City will receive the benefit of the services and upgraded system since the City receives data, information, and training from TCHC. The City's contract will have specific and adequate controls in place to ensure that the funds are used to achieve that public purpose, including that all funds will be paid to TCHC on a reimbursement basis for eligible expenses only. The effective date of April 1, 2019 will allow the City to assist with a large purchase of reporting software and better serve as match funds for HUD. Reporting Software- Green River: One goal in the CoC Strategic plan is to automate the housing match that happens in the coordinated entry process. This is the process of matching clients whose homelessness has been assessed to openings in housing. The Green River software automates this process which was being done manually. The majority of the setup expense that the Directions Home dollars would assist with were incurred between March and July of 2019. TCHC paid an initial $15,000 to begin using the software in March. The software had to be configured to reflect our local community needs which resulted in several thousands of dollars'worth of set up expenses in April, May, June, and July. TCHC launched the new automated process for the community in July. Monthly costs going forward are not expected to be as high due to the set up being completed. CoC planning match: Directions Home planning dollars have traditionally been used as a match for TCHC's HUD funded CoC planning grant. The HUD grant is a reimbursement grant that requires a 25 \% match. This match is calculated monthly, therefore, TCHC can only be reimbursed by HUD at 75\ % of the monthly costs of planning activities if TCHC can show it has the full 25\% match. If TCHC can only show a 20\% match, it only receives a portion of the 75\% reimbursement. TCHC has budgeted Directions Home to count as the 25\% match for the HUD planning grant starting April 1, 2019. If the date is not April 1, TCHC will have to find another source for match and is at risk of not being able to spend all the HUD planning grant dollars. Upon approval of this M&C, the contract will have an effective date of April 1, 2019, and will continue until September 30, 2020. 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 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Valerie Washington (6199) Originating Department Head: Valerie Washington (6199) Additional Information Contact: Tara Perez (2235) M&C Review Page 3 of 3 ATTACHMENTS TCHC Sole Source Exemption.pdf L4L�.//______ _L.____� ___�/____.__'1 ___L_�/.__ _ nrT n�rnn� n •� i , nin•-.inn�n ni+r+v+n+n