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HomeMy WebLinkAboutContract 54050 RECEIVED JUN 3 0 2020 CSC No.54050 CITY C FORT WORTH CITY SECMMY AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC.,FOR COVID-19 RELATED RAPID EXIT AND EMPLOYMENT SERVICES This AGREEMENT for COVID- 19 related rapid exit and employment services ("Agreement")is made and entered into by and between the CITY OF FORT WORTH,a Texas home rule municipality ("City"), and THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC., 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 United States of America, the State of Texas, Tarrant County, and the City of Fort Worth have all declared a state of emergency due to the recent coronavirus pandemic("COVID-19"); 2. WHEREAS,the Center for Disease Control has issued guidance to help prevent the spread of COVID-19, including social distancing of at least six feet; 3. WHEREAS, due to social distancing requirements, emergency shelters do not have the capacity to house people who are experiencing homelessness; 4. WHEREAS, City is committed to protecting the health,wellbeing, and life safety of City residents who are homeless during times of emergency, such as the COVID-19 pandemic, when community-based emergency shelters have reached full capacity; 5. WHEREAS,City has opened an emergency overflow shelter at the Fort Worth Convention Center ("Shelter") to increase the number of shelter beds available to homeless residents during this emergency; 6. WHEREAS, large outbreaks of COVID-19 have been confirmed around the country in congregate settings such as nursing homes,homeless shelters, and similar facilities; 7. WHEREAS,homeless individuals do not have access to facilities consistently wash their hands or clothes and do not have access to cleaning supplies for the surfaces that are frequently touched on their belongings, which increases their chances at contracting and spreading the virus; 8. WHEREAS, homeless individuals may be at-risk for COVID-19 related side effects or death due to lack of routine health care and undiagnosed or untreated underlying conditions; 9. WHEREAS,it is necessary to decrease the demand on shelter beds in order to help prevent homeless individuals from remaining in congregate settings during the COVID-19 pandemic to reduce the spread of COVID-19 in the City; CITY OF FORT WORTH ge 1 of 23 Agreement for Homeless Services—THE PRESBYTERIAN NIGHT SHELTER OF TARRAN 6 ,INC.— COVID-19 RAPID EXIT[EMPLOYMENT SERVICES H. WURTH, TX 10. WHEREAS, the City has determined that removing homeless individuals from the congregate settings of shelters using rapid rehousing programs is vital to mitigate the effects of and minimize the spread of COVID-19 in the City; 11. WHEREAS, Agency can provide rapid exit services to quickly move households from shelter to housing thereby reducing the number of homeless in congregate settings and decreasing the likelihood of spread throughout the City and large outbreaks in the shelters; 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 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" "B" "C" "D" 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 rapid exit and employment services in order to minimize the spread and effects of COVID-19 by reducing the City's population of homeless persons living in congregate settings ("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 bi-weekly 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". CITY OF FORT WORTH Page 2 of 23 Agreement for Homeless Services—THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY,INC.— COVID-19 RAPID EXIT/EMPLOYMENT SERVICES 1.2.4 Agency agrees that the Reimbursement Request Form and bi-weekly report will be submitted to City no later than the 15th day and 30t' day after the end of each month. Agency agrees that at the end of each quarter (October, December), 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 June 1, 2020 ("Effective Date") and shall expire on December 30, 2020 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial 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 shall not exceed $350,000.00 ("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. 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 and 30t' day following the end of the month. Submittal of a bi-weekly RRF and reports is required even if services are not provided. 3.3 The bi-weekly RRF should be sequentially numbered and include expense documentation that is detailed, clear and concise. The submission shall include applicable bi- weekly reports. Submissions must be scanned and submitted to the Directions Home Program Manager. Submissions should be titled "THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC. — RFR Month- COVID-19 Rapid exit/employment services" and sent either via email to Tara.Perez@fortworthtexas.gov or via mail to ATTENTION: Tara Perez, CITY OF FORT WORTH Page 3 of 23 Agreement for Homeless Services—THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY,INC.— COVID-19 RAPID EXIT/EMPLOYMENT SERVICES 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 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. CITY OF FORT WORTH Page 4 of 23 Agreement for Homeless Services—THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY,INC.— COVID-19 RAPID EXIT/EMPLOYMENT SERVICES 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 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. CITY OF FORT WORTH Page 5 of 23 Agreement for Homeless Services—THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY,INC.— COVID-19 RAPID EXIT/EMPLOYMENT SERVICES 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, 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,SERVANTSANDEMPLOYEES,FROMAND AGAINSTANYAND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO AGENCY'S B USINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL CITY OF FORT WORTH Page 6 of 23 Agreement for Homeless Services—THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY,INC.— COVID-19 RAPID EXIT/EMPLOYMENT SERVICES 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 n Assi gment. 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. 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 CITY OF FORT WORTH Page 7 of 23 Agreement for Homeless Services—THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY,INC.— COVID-19 RAPID EXIT/EMPLOYMENT SERVICES $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 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. CITY OF FORT WORTH Page S of 23 Agreement for Homeless Services—THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY,INC.— COVID-19 RAPID EXIT/EMPLOYMENT SERVICES 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. 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 Presbyterian Night Shelter City Manager's Office Attn:_Debbi Rabalais, Vice President of Attn: Tara Perez,Directions Home Manager Program Services 200 Texas Street P O Box 2645 Fort Worth, TX 76102-6314 Fort Worth TX 76113 Telephone: (817) 392- 2235 Facsimile: (817) 877-5721 With copy to City Attorney's Office at same address 14. SOLICITATION OF EMPLOYEES. CITY OF FORT WORTH Page 9 of 23 Agreement for Homeless Services—THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY,INC.— COVID-19 RAPID EXIT/EMPLOYMENT SERVICES 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. 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. CITY OF FORT WORTH Page 10 of 23 Agreement for Homeless Services—THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY,INC.— COVID-19 RAPID EXIT/EMPLOYMENT SERVICES 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, 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 CITY OF FORT WORTH Page 11 of 23 Agreement for Homeless Services—THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY,INC.— COVID-19 RAPID EXIT/EMPLOYMENT SERVICES 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- 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. CITY OF FORT WORTH Page 12 of 23 Agreement for Homeless Services—THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY,INC.— COVID-19 RAPID EXIT/EMPLOYMENT SERVICES 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 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. 32. LIMITATIONS ON SERVICES 32.1 Payment for any services hereunder are specifically for those services included with Exhibit A—Scope of Work. No portion of the Program Funds shall be used for any sectarian or religious activity. Agency retains its independence and may continue to carry out its mission, including any religious activities, provided that is does not request reimbursement or payment for any explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), or in any other manner prohibited by law. If Agency engages in explicitly religious activities, they must be offered separately, in time or location, from the programs or activities supported by the Program Funds and participation must be voluntary for any eligible individuals, as defined in Exhibit A. 32.2 All Services must be provided to individuals who were screened and placed from a local homeless shelter that shelters individuals in congregate settings. [SIGNATURE PAGE TO FOLLOW] CITY OF FORT WORTH Page 13 of 23 Agreement for Homeless Services—THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY,INC.— COVID-19 RAPID EXIT/EMPLOYMENT SERVICES 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 Fernando Costa(Jun 22,202018:03 CDT) this contract,including ensuring all performance and By. Name: Fernando Costa: reporting requirements. Title: Assistant City Manager Jun 22,2020 � Date: By.-Tara Perez 22,202 8CDT) Name: Tara Perez APPROVAL RECOMMENDED: Title: Directions Home Manager APPROVED AS TO FORM AND LEGALITY: Tara Perez(Jun 22,2020 8 CDT) By: Name: Tara Perez Title: Directions Home Manager By: Pate(Ju 2 02009:16 CDT) Y: Name: Jo Ann Pate ATTEST: Title: Assistant City Attorney CONTRACT AUTHORIZATION: (� °,l; ; B�// x r: M&C: f Y 1295: Name: Mary J. Ordinance No.24161-04-2020 Title: City Sekit, •'•• _ Agency: Presbyterian Night Shelter,_ ATTEST: 9 Toby (Jun 22,202014:17 CDT) By: By: Name: Toby Owen Name: Title: Chief Executive Officer Title: Date: Jun 22,2020 CITY OF FORT WORTH ° °'"° - age of 23 Agreement for Homeless Services—THE PRESBYTERIAN NIGHT SHELTER Offlegum 15MVff9M13 C.— COVID-19 RAPID EXIT/EMPLOYMENT SERVICES FT. WORTH,TX EXHIBIT "A" SCOPE OF SERVICES COVID-19 RAPID EXIT/EMPLOYMENT SERVICES THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC. will do the following: Provide case management services to 60 rapid exit/employment households. All rapid exit/employment households must meet the eligibility criteria described in section A, below. Case management and assistance to these households shall include the following: A. In General • Document the nature and extent of all services provided to homeless individuals in the City of Fort Worth receiving case management services hereunder ("clients")in a complete case file, with case notes in the HMIS system within 3 business days of a service being provided hereunder. • Eligible clients include households in the City of Fort Worth referred through Coordinated Entry by Tarrant County Homeless Coalition with the following criteria; o Be currently employed or have a recent employment history and be willing to work o Currently residing in a shelter in a congregate setting. B. Services • Agency shall assist clients in directly obtaining employment, enrolling in employment training or finding other ways to obtain permanent housing; • Agency shall provide housing unit search assistance as necessary; • Agency shall provide assistance to clients in completing rental applications and signing leases as necessary; • Agency shall provide funding, as available and necessary, for clients to assist them move to stable housing; • Agency may use funds to assist clients, as specifically allowed in Exhibit B, with apartment application fees, administration fees, security deposits, high risk fees, opportunity fees and three months of rental assistance; • Agency may provide additional rental assistance based on client needs. Evaluation: Supportive Services Agreement—Exhibits Page 15 of 23 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 15th and 30th of every month in format of Exhibit"C". Programmatic reporting: Bi-weekly reports will be submitted by the 15th and 30th of every month in format of Exhibit"D". Quarterly reports will be submitted by the 15th of October and December in the format of Exhibit «D». Supportive Services Agreement—Exhibits Page 16 of 23 EXHIBIT "B" BUDGET Agency will submit invoice for reimbursement by the 1511 of the month following the month services were urovided. 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 23 PROGRAM COSTS Total $350,000.00 A. PERSONNEL (By title) 0 0 0 PERSONNEL TOTAL: 0 B. FRINGE BENEFITS 0 0 0 FRINGE BENEFITS TOTAL: 0 C. MILEAGE 0 MILEAGE TOTAL: 0 D. CELL PHONES/EQUIPMENT 0 0 CELL PHONES/EQUIPMENT TOTAL: 0 E. CLIENT EXPENSES Client Expenses* $332,500.00 CLIENT EXPENSES TOTAL: $332,500.00 F. OTHER APPROVED Administrative Costs** $17,500.00 OTHER APPROVED TOTAL: $17,500.00 TOTAL PROGRAM COST: $350,000.00 *Client expenses include apartment application fees, apartment administrative fees, security deposits, high risk fees, opportunity fees, rental assistance, bus passes, critical documents and job items (steel toed boots etc.). High risk fees and opportunity fees are extra charges for tenants without a rental history,with an eviction history,with a criminal justice history and/or without income. Supportive Services Agreement—Exhibits Page 18 of 23 ** Administrative costs include an allocable percentage (based on budgets) of administrative staff/benefits (HR/accounting/CEO), insurance, tech, office supplies, and other overhead costs directly attributable to providing the Services described herein. EXHIBIT "C" REIMBURSEMENT REOUEST FORM Expenses Name of employee or Amount Date Check client Invoiced No. Type of Client Expense/Vendor Client Expense 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 Total Supportive Services Agreement—Exhibits Page 19 of 23 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 . At least 80% of clients without employment will obtain employment within 45 days of program entry; Outcome Measure 2 . At least 75% of clients will obtain housing within 30 days of obtaining employment (of 30 days from program entry if employed at program entry); Outcome Measure 3 . Less than 15% of clients will return to homelessness one year after program exit; 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 20 of 23 Monthly Report If the new Tarrant County Homeless Coalition software system is able to pull data included in monthly reports included herein and Directions Home staff confirms and agrees in writing, those reports can be substituted for reports included herein. Enter all clients in this report. Employed Date Days from Income at Name/HMI Date at Entry Income Obtained Entry to exit 5 ID Enrolled Yes/No at entry Employment Employment Supportive Services Agreement—Exhibits Page 21 of 23 Daysto Date Housed Housed from Entry or Date Returns at Returns at Returns at Date Employment discharged Agency 3 months 6 months 1 yr Returned Supportive Services Agreement—Exhibits Page 22 of 23 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 0 0 Modification Approved Modification NOT Approved Staff Signature Date Supportive Services Agreement—Exhibits Page 23 of 23