HomeMy WebLinkAboutContract 38057 (2)CITY SECRETARY
CONTRACT No .
AGREEMENT WITH UNITED WAY OF TARRANT COUNTY
This Agreement ("Agreement") concerning certain programs serving the homeless is
between the City of Fort Worth ("City"), a home rule municipal corporation organized under the
laws of the State of Texas, acting by and through its duly authorized Assistant City Manager
Fernando Costa, and the United Way of Tarrant County ("United Way"), a non-profit agency,
acting by and through its duly authorized President and CEO Tim McKinney. (City and United
Way may be referred to herein individually as a "Party" and collectively as the "Parties").
RECITALS
City and United Way agree that the following statements are true and correct and
constitute the basis on which they have entered into this Agreement.
WHEREAS, City citizens, the Mayor's Advisory Commission on Homelessness, and the
City Council have determined that provision of supportive services is a key strategy to ending
homelessness in the City;
WHEREAS, the City has allocated funding for the purpose of serving the homeless as
described in the City's homelessness plan, Directions Home: Making Homelessness Rare,
Short -Term and Non -Recurring in Fort Worth, Texas Within Ten Years ("Directions Home");
and
WHEREAS, United Way has joined the City in providing services to the homeless by
offering to serve at no cost to City as a funding conduit for the programs funded by the City as
described in Directions Home;
NOW THEREFORE, the Parties agree as follows:
1. PURPOSE AND SCOPE.
The purpose of this Agreement is to set forth the terms and conditions under which the
City will provide United Way with $1,5125556.00 to implement the programs and services for
homeless City citizens including supportive services for housing programs, case management
services; county -wide funding and services coordination, creation of a mental health and
substance abuse pilot program; and an independent evaluation of the City -funded programs more
particularly described in Directions Home (the "Program").
The Parties acknowledge that City has or will enter into other contracts for programs and
services described in Directions Honte including but not limited to a contract with the Fort
Worth Housing Authority ("FWHA") providing for rental vouchers for homeless individuals and
families under the Directions Home Voucher ("DHV") program (the "DHV Agreement"). In
addition, FWHA administers the federal Shelter + Care ("S+C") program, a federal program that
links shelter for the homeless with supportive services. The supportive services to be provided
as part of this Program are intended to serve the clients under both the DHV program and the
S+C program administered by the FWHA. United Way acknowledges that time is of the essence
in the performance of its duties and obligations under this Agreement as the success of the
FWHA programs are dependent on United Way's timely performance of its duties hereunder.
ICIAL
WORT
United Way Agreement FT. PAGE 1
tong-9nog necemher 9 9nox
2. TERM.
This Agreement shall commence on the date of execution by signature of both Parties and
will expire exactly one (1) year later unless terminated earlier in accordance with this
Agreement. The Parties may renew this Agreement for up to twelve (12) months by mutual
written agreement if necessary for the completion of the Program. The Parties shall execute such
renewals no later than thirty (30) days prior to the expiration of the current term. In addition to
termination for default pursuant to Section 5, either Party may terminate this Agreement without
cause upon ninety (90) days written notice to the other Party, and neither Party shall have any
further responsibility or liability hereunder except for services previously rendered and payment
for the same.
3. DUTIES OF THE PARTIES AND SERVICES PROVIDED.
3.1 United Way shall:
a. Select agencies to deliver the Program through a competitive Request for
Proposal process using the following criteria to evaluate the agencies:
1. Ability to work with the chronic homeless;
2. Ability to effectively administer public funds;
I Willingness to collaborate with other agencies in serving the
homeless;
4. Ability to provide supportive services with a maximum case load
ratio of 1:10 for the DHV program and a maximum case load ratio
of 1:20 for the S+C program.
b. Create and maintain as necessary an allocation committee to allocate the
City funds, as defined below, to the selected agencies.
c. Monitor and report to the City on the performance of the agencies selected
to provide supportive services, case management services for the City's
emergency homeless shelters and day resource center, and county -wide
funding and services coordination. Specifically, agencies shall report on
how they are fulfilling the objectives of Directions Home and the national
objectives of the United States Department of Housing and Urban
Development ("HUD") for the homeless.
d. Create a mental health and substance abuse pilot program and monitor and
report to the City on the progress of the pilot program including:
1. A report on the selection of the service provider(s) implementing the
pilot program.
2. A report on how City funds, as defined below, are being used to
create this pilotprogram.
3. Objectives and outcomes that have been decided for the pilot program
as well as the client characteristics and demographics.
4. Report on how many personnel have been hired and description of
each position for the pilot program.
5. Once the program has begun, a report on how many clients are
receiving mental health and substance abuse services and the scope of
United Way Agreement PAGE 2
7(l�R-2�09 necemher 9 2��R
services provided.
6. A report on client satisfaction with the program.
e. Monitor and report to the City on the selection of an independent evaluator to
work with the City and the Tarrant County Homeless Coalition,
3.3. Ci shall:
a. Assist United Way in designing Program objectives and outcomes.
b. Assist United Way in the selection of each agency and service provider.
c. Provide the City funds as defined below for United Way to implement the
Program.
4. CONSIDERATION.
a. City will disburse Fiscal Year 2008-2009 funds ("City Funds") in a total amount
up to ONE MILLION FIVE HUNDRED TWELVE THOUSAND FIVE HUNDRED FIFTY-
SIX AND NO/100 DOLLARS ($1,512,556.00) to United Way for the Program as follows.
Supportive services (such as case management, counseling, psychiatry, clinical,
and medical care along with social skills, money management, peer support and
job readiness training and employment services) for the DHV program and the
S+C vouchers administered by FWHA
$768,250.00
Salaries for case manager positions for emergency shelters and resource centers
for the homeless to facilitate transitions out of homelessness through program
participation
$18433 80.00
County -wide funding and services coordination provided by the Tarrant County
Homeless Coalition —including "Lead Agency" planning and grant application
preparation for the Fort Worth/ Arlington/ Tarrant County Continuum of Care and
implementation of Directions Home action items
$ 8%926.00
Mental health and substance abuse pilot program to provide outreach, outpatient
mental health services and substance abuse counseling, case management and a
peer support system to the unsheltered and emergency sheltered homeless
population
$3455000600
Independent evaluation and reporting of outcomes of Directions Home services
and programs by qualified researcher/ analyst
$125,000.00
b. City Funds shall be disbursed as follows: $378,139.00 at execution of Agreement;
$378,139.00 on March 15, 2009; $378,139.00 on June 15, 2009; and $378,139.00 on September
5520096
5. DEFAULT.
If either United Way or City fails, for any reason, to perform any provision or condition
of this Agreement, this Agreement may be terminated if the default continues for a period of
thirty (30) days after the notifying Party notifies the defaulting Party in writing of the default and
United Way Agreement PAGE 3
20(1R-2009 nPremher 9 2��R
its intention to declare this Agreement terminated for cause. If the defaulting Party does not cure
or correct such breach within the thirty (30) day -period, the notifying Party shall have the right to
declare this Agreement immediately terminated, and neither Party shall have any further
responsibility or liability hereunder except for services previously rendered and payment for the
same.
6. GENERAL PROVISIONS.
6.1 Request for Information. United Way agrees to provide City with any
information on applicants or Program participants within two (2) weeks of the
request.
6.2. No Waiver. The failure of either Party to insist upon the performance of any
provision or condition of this Agreement or to exercise any right granted herein
shall not constitute a waiver of that Party's right to insist upon appropriate
performance or to assert any, such right on any future occasion.
6.3. Severability The provisions of this Agreement are severable and if for any reason
a clause, sentence, paragraph, or other part of this Agreement shall be determined
to be invalid by a court or federal or state agency, board or commission having
jurisdiction over the subject matter thereof, such invalidity shall not affect other
provisions which can be given effect without the invalid provisions.
6.4. Force Maieure. The Parties shall exercise their best efforts to meet their
respective duties and obligations hereunder, but shall not be held liable for any
delay in or omission of performance due to force majeure or other causes beyond
their reasonable control, including, but not limited to, compliance with any state
or federal law or regulation, acts of God, fires, strikes, lockouts, national disasters,
wars, riots, material or labor restrictions, transportation problems or existing
contractual obligations directly related to the subject matter of this Agreement.
6.5 Venue and Jurisdiction. This Agreement shall be construed in accordance with
the laws of the State of Texas. Venue for any action brought on the basis of this
Agreement shall lie exclusively in state courts located in Tarrant County, Texas.
6.6 Entirety of Agreement. This Agreement, including all Exhibits attached hereto
and any documents incorporated herein by reference, contains the entire
understanding and agreement between City and United Way as to the work and
services to be performed. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with the
provisions of this Agreement.
6.7 Compliance with Laws, Ordinances, Rules and Regulations. This Agreement
is subject to all applicable federal, state and local laws, ordinances, rules and
regulations, including but not limited to all provisions of the City's charter.
6.8 Independent Contractors. United Way shall operate hereunder as an
independent contractor and not as an officer, agent, servant, or employee of City.
United Way shall have the exclusive control of, and the exclusive right to control
United Way Agreement PAGE 4
�O�R-2009 neremher 9 2OOR
the work designated to be performed by United Way under the terms of this
Agreement, and of all persons performing the same and shall be solely
responsible for the acts and omissions of its officers, members, agents and
employees. Neither City nor United Way shall be responsible under the Doctrine
of Respondeat Superior for the acts or omissions of its officers, members, agents,
employees or officers of the other. No partnership or joint venture is intended or
formed between City and United Way by this Agreement.
6.9 Immunity and Third Parties. It is expressly agreed that, in the execution and
performance of this Agreement, neither City nor United Way waives, nor shall be
deemed to -waive, any immunity or defense that would otherwise be available to it
against claims arising in the exercise of their respective powers and functions.
Nothing in this Agreement shall be construed to benefit any third party other than
an employee or officer of the City or United Way while in the performance of this
Agreement. This Agreement may not be construed to expand the liability of City
or United Way beyond the scope of Chapter 101 of the Texas Civil Practice and
Remedies Code, Vernon's Texas Codes Annotated, unless specifically stated
herein.
6.10 Amendment. No amendment, modification or alteration of this Agreement shall
be binding unless the same is in writing, dated subsequent to the date hereof and
executed by the Parties.
6.11 Nondiscrimination.
a. Neither City nor United Way nor any of their respective officers, members,
agents, servants, employees, Program participants or contractors, while
engaged in the performance of this Agreement, shall in connection with the
terms, conditions, or privileges of their employment, discriminate against
persons because of their age, except on the basis of a bona fide occupational
qualification, retirement plan, or statutory requirement.
b. City and United Way agree that in the execution, performance, or attempted
performance of this Agreement, they will not discriminate against any person
or persons because of gender, race, religion, color, sexual orientation, or
national origin, nor will United Way permit its officers, agents, servants,
employees, contractors or Program participants to engage in such
discrimination.
6.12 Notice of Claims. United Way and City agree to notify the other promptly upon
the receipt of any claim or lawsuit brought in connection with any injury, death or
damages related to this Agreement. United Way and City agree to make their
respective officers, agents, servants and employees available at all reasonable
times for any statements and case preparation for the defense of any claims or
litigation for which the other Party may be responsible hereunder.
6.13 Headings. Headings and titles used in this Agreement are for reference purposes
only and shall not be deemed a part of this Agreement.
6.14 Effect on Third Parties. Nothing herein shall be deemed to constitute a waiver of
any immunity or affirmative defense which may be asserted by United Way or
United Way Agreement PAGE 5
2�OR-2�09 rleremher 9 2(lOR
City as to any claim of any third party. Nothing herein shall be construed in any
manner to create a cause of action for the benefit of any person not a Party to this
Agreement, or to create any rights of the benefit of any person not a Party to this
Agreement not otherwise existing at law.
6.10 Program Administration. In the event of an issue affecting the Program that
needs clarification beyond the terms of this Agreement, the Parties agree to
mutually develop remedies and/ or solutions.
Notices. All notices required by this Agreement shall be addressed to the Parties
at the following address, or at such other address as either Party designates in
writing, by certified mail, postage prepaid or hand delivery:
Fort Worth:
United Way of Tarrant County:
Randle Harwood, Director
Program Management Office
City Manager's Office
1000 Throckmorton Street
Fort Worth, TX 76102
Tim McKinney
President and CEO
1500 N. Main Street, Suite 200
Fort Worth, Texas 76106
[SIGNATURES APPEAR ON NEXT PAGE]
United Way Agreement
2��R-2(1(19
PAGE 6
l�ecemher 9 2��R
EXECUTED in multiple originals as of the last date indicated below:
CITY OF FORT WORTH
By:
Fernando Costa
Assistant City Manager
Date: 4ALe a
By: V
Marty Hend , City Secretary
M & C: l� JC>L
ate• D12�� in 1 ok
UNITED vy AY OF TARRANT COUNTY
sy:
Tim McKinney
President and CEO
Date•
ATTEST:
sy:
Ann Rice
Executive Vice President
APPROVED AS TO FORM AND LEGALITY:
By:
Vicki S. Ganske
Senior Assistant City Attorney
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
United Way Agreement PAGE %
2(1(1R-2(1(19 I�er,Pmher 9 2(1(1R
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, December 16, 2008
LOG NAME: 02HOMELESS UW
REFERENCE NO.: C-23248
SUBJECT:
Authorize Agreement with United Way of Tarrant County for $1,512,556.00 to Implement Action
Items from Directions Home, the City's Homelessness Plan
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize an Agreement with the United Way of Tarrant County in the amount of $1,512,556.00 for the
implementation of programs described as the City's responsibility in Directions Home, the City's
Homelessness Plan;
2. Authorize the City Manager or his designee to extend or renew the Agreement for up to one year if
United Way of Tarrant County requests an extension and it is necessary for the completion of the program;
and
3. 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 applicable
laws.
DISCUSSION:
On June 17, 2008, the City Council adopted the City's Homelessness Plan, Directions Home (Resolution
No. 3628-06-2008). Directions Home outlines the City's funding of case management, mental health and
substance abuse programs, County -wide funding and services coordination, and an independent evaluation
of the City funded programs.
United Way of Tarrant County (United Way) has offered to serve as a funding conduit at no cost for the
implementation of the Directions Home programs, funded by the City. The United Way has created a
special fund to administer and distribute public and private dollars to be used for the implementation of
County -wide homelessness programs.
On September 16, 2008, the City Council allocated $2,926,055.00 in the budget to implement the programs
described in Directions Home, including $1,512,556.00 for programs to be administered by United Way.
The City and United Way will work together to select appropriate service providers for the following
programs:
1. Supportive services, such as case management, counseling, psychiatry, clinical and medical care along
with social skills, money management, peer support and job readiness training and employment services,
that will be linked to Directions Home Vouchers funded by the City of Fort Worth through the Fort Worth
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 12/18/2008
Page 2 of 2
Housing Authority in the amount of $768,250.00;
2. Salaries for case manager positions for emergency shelters and resource centers for the homeless to
facilitate transitions out of homelessness through program participation in the amount of $184,380.00;
3. County -wide funding and services coordination provided by the Tarrant County Will Coalition -
including "Lead Agency" planning and grant application preparation for the Fort Worth/Arlington/Tarrant
County Continuum of Care and implementation of Directions Home action items in the amount of
$89,926.00;
4. Mental health and substance abuse pilot program to provide outreach, outpatient mental health services
and substance abuse counseling, case management and a peer support system to the unsheltered and
emergency sheltered homeless population in the amount of $345,000,00; and
5. Independent evaluation and reporting of outcomes of Directions Home services and programs by
qualified researcher/analyst in the the amount of $125,000.00.
United Way will be responsible for reporting to the City on the administration of these programs and
measurement of the intended outcomes.
This program benefits ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
GG01 539120 0061040 $1,387,556.00
GG01 531200 0061040 $1251000.00
Fernando Costa (8476)
Randle Harwood (6101)
Otis Thornton (7552)
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 12/18/2008