HomeMy WebLinkAboutContract 54510 CSC No.54510
AGREEMENT 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, the City issued a Request for Proposals on June 10, 2020 for services to help
achieve the goals of the Directions Home program and reduce homelessness in Fort Worth;
'3. WHEREAS, Agency serves as the Lead Agency, Collaborative Applicant, and HMIS
Administrator for Tarrant and Parker counties' Continuum of Care;
4. WHEREAS, Agency submitted a proposal to provide support for the Continuum of Care;
5. WHEREAS, the support of Continuum of Care activities is essential to strengthening the
homeless system;
6. WHEREAS,the Parties believe that the services will further the goals of Directions Home
and desire to enter into this Agreement in order to set out the terms, goals, and
responsibilities of each Party.
NOW THEREFORE, the Parties for the mutual consideration included herein agree to enter into
the following Agreement.
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
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 OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
CITY OF FORT WORTH Page 1 of 23
Agreement for Homeless Services—TCHC—CONTINUUM OF CARE SUPPORT
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" 6613919
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 administration of the direct client service fund in order
to reduce the City's population of homeless persons ("Services"), which are more particularly
described in Exhibit "A"— Scope of Service.
1.2 Program Performance.
1.2.1 Agency agrees to maintain full documentation supporting the performance of the
work and fulfillment of the objectives set forth in Exhibit "A."
1.2.2 Agency agrees to provide a monthly report in the form attached as Exhibit "D"
to document the performance of the work described in Exhibit "A".
1.2.3 Agency agrees 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 October 1, 2020 ("Effective Date") and shall expire on
September 30, 2021 ("Expiration Date"), unless terminated earlier in accordance with this
Agreement ("Initial Term"). City shall have the option, in its sole discretion, to renew this
Agreement under the same terms and conditions, except for the compensation amount which shall
be provided at the time of the renewal, for 3 additional 1-year terms.
CITY OF FORT WORTH Page 2 of 23
Agreement for Homeless Services—TCHC—CONTINUUM OF CARE SUPPORT
3. COMPENSATION.
3.1 City shall pay Agency in accordance with the provisions of this Agreement and Exhibit
"B" —Budget. Total payment made by City under this Agreement for the Initial Term shall not
exceed $84,491.00 ("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. All invoices should be sent electronically to
City's centralized Accounts Payable department invoice email address:
supplierinvoices@fortworthtexas.gov. Programmatic submissions should now be submitted as
part of the invoice, as they are due on the same date.
Agency's emails shall include the following in the subject line: Vendor name, Invoice number,
and PO number
(ex: Example, Inc._123456 FW002-00000001234)
Agency's subject line(s) shall read as follows:
TARRANT COUNTY HOMELESS COALITION_TCHC COC SUPPORT
#### FW002 0000000###
Additionally, the following requirements apply to ensure the system can successfully
process invoices in an expedient manner:
• All invoices must be either a PDF or TIFF format.
• Image quality must be at least 300 DPI (dots per inch).
• Invoices must be sent as an attachment(i.e.no invoice in the body of the email).
• One invoice per attachment (includes PDFs). Each invoice must be a separate
attachment.
• No handwritten invoices or invoices that contain handwritten notes.
• Dot matrix invoice format is not accepted.
• The invoice must contain the following information:
• Supplier Name and Address;
CITY OF FORT WORTH Page 3 of 23
Agreement for Homeless Services—TCHC—CONTINUUM OF CARE SUPPORT
• Remit to Supplier Name and Address, if different;
• Applicable City Department business unit# (i.e. FW002)
• Complete City of Fort Worth PO number (i.e. the PO number
must contain all preceding zeros);
• Invoice number;
• Invoice date; and
• Invoices to be submitted after delivery of the goods or services.
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
CITY OF FORT WORTH Page 4 of 23
Agreement for Homeless Services—TCHC—CONTINUUM OF CARE SUPPORT
reimbursement expenses that the City believes, in its sole discretion, are not specified in Exhibit
"D" of this Agreement or an approved budget modification form.
3.9 Budget adjustments shall be submitted via either email to
Tara.Perez@fortworthtexas.gov or to the Tara Perez, Directions Home Manager, City Manager's
Office, 200 Texas Street,Fort Worth TX 76102.
4. TERMINATION.
4.1. Written Notice. City or Agency may terminate this Agreement at any time and for
any reason by providing the other Party with 60 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Agency
of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except
as to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 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.
CITY OF FORT WORTH Page 5 of 23
Agreement for Homeless Services—TCHC—CONTINUUM OF CARE SUPPORT
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,
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,
INCL UDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
CITY OF FORT WORTH Page 6 of 23
Agreement for Homeless Services—TCHC—CONTINUUM OF CARE SUPPORT
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,SERVANTSAND EMPLOYEES,FROMAND A GAINSTANYAND 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
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 A GENCY, 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.
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
CITY OF FORT WORTH Page 7 of 23
Agreement for Homeless Services—TCHC—CONTINUUM OF CARE SUPPORT
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
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
CITY OF FORT WORTH Page 8 of 23
Agreement for Homeless Services—TCHC—CONTINUUM OF CARE SUPPORT
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.
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 Parry, 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: Lauren King, Interim Executive Director
Attn: Tara Perez,Directions Home Manager 300 S. Beach Street
200 Texas Street Fort Worth TX 76105
CITY OF FORT WORTH Page 9 of 23
Agreement for Homeless Services—TCHC—CONTINUUM OF CARE SUPPORT
Fort Worth, TX 76102-6314 Facsimile: (817) 791-9489
Phone: (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.
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
CITY OF FORT WORTH Page 10 of 23
Agreement for Homeless Services—TCHC—CONTIN-UUM OF CARE SUPPORT
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, epidemics or pandemics,
material or labor restrictions by any governmental authority,transportation problems,restraints or
prohibitions by any court, board, department, commission, or agency of the United States or of
any States, civil disturbances, other national or regional emergencies, and/or any other similar
cause not enumerated herein but which is beyond the reasonable control of the Parry whose
performance is affected (collectively "Force Majeure Event"). The performance of any such
obligation is suspended during the period of, and only to the extent of, such prevention or
hindrance, provided the affected Party provides notice of the Force Majeure Event, and an
explanation as to how it hinders the parry's performance, as soon as reasonably possible, as
determined in the City's discretion, after the occurrence of the Force Majeure Event. The form of
notice required by this section shall be the same as section 13 above.
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 Parry 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 Parry
hereto unless set forth in a written instrument, which is executed by an authorized representative
of each Parry.
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.
CITY OF FORT WORTH Page 11 of 23
Agreement for Homeless Services—TCHC—CONTINUUM OF CARE SUPPORT
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 (1-9), 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-
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.
CITY OF FORT WORTH Page 12 of 23
Agreement for Homeless Services—TCHC—CONTINUUM OF CARE SUPPORT
28. CHANGE IN COMPANY NAME OR OWNERSHIP
Agency shall notify City's Assistant City Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated city records. The chief
executive officer of Agency or authorized official must sign the letter. A letter indicating changes
in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of
director's resolution approving the action, or an executed merger or acquisition agreement. Failure
to provide the specified documentation so may adversely impact future invoice payments.
29. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to
execute this Agreement on behalf of the respective Party, and that such binding authority has been
granted by proper order,resolution, ordinance or other authorization of the entity. This Agreement
and any amendment hereto, may be executed by any authorized representative of Agency. Each
Party is fully entitled to rely on these warranties and representations in entering into this
Agreement or any amendment hereto.
30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT
ISRAEL
If Agency has fewer than 10 employees or this Agreement is for less than $100,000,
this section does not apply. 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.
[SIGNATURE PAGE TO FOLLOW]
CITY OF FORT WORTH Page 13 of 23
Agreement for Homeless Services—TCHC—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
cL— responsible for the monitoring and administration of
FernandoCosta(Sep 23,202009:48CDT) this contract, including ensuring all performance and
By. Name: Fernando Costa reporting requirements.
Title: Assistant City Manager f�
al
By:
Date: Sep 23,2020 T�� (Sp 2009:25 CDT)
Name: Tara Perez
APPROVAL RECOMMENDED: Title: Directions Home Manager
APPROVED AS TO FORM AND LEGALITY:
7-,WA/A&"z
Tara Perez(Sep 23,2020 09:25 CDT)
By:
Name: Tara Perez
Title: Directions Home Manager By.
4aa9onnn Name: Taylor Paris
AA't FORT�aa ATTEST:
��pos°°° °,�%ada� Title: Assistant City Attorney
pro p�C
$moo o=o CONTRACT AUTHORIZATION:
d
as °° °°°°per • 20-0651 09/15/20
a�DEXASbd Ronald P.Gonzales(Sep 23,202011: DT)
1295:
Name: Mary J. Kayser
Title: City Secretary
Agency:
Tarrant County Homeless Coalition ATTEST:
By%: v / By:
Name: Lauren King Name:
Title: Interim Executive Director Title:
Date: Sep 23,2020 OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
CITY OF FORT WORTH Page 14 of 23
Agreement for Homeless Services—TCHC—CONTINUUM OF CARE SUPPORT
EXHIBIT "A"
SCOPE OF SERVICES
CONTINUUM OF CARE SUPPORT
TARRANT COUNTY HOMELESS COALITION will do the following:
Carry out planning activities with the goal of creating a housing crisis system of care that can
quickly respond to, and move people out of, homelessness through these activities:
- Provide staff support for the Continuum of Care Board of Directors and Board committees
- Conduct the Annual Point In Time Count
- Host the Annual State of Homelessness Address
- Write the Annual State of the Homeless Report (including community needs and gaps)
- Conduct community wide trainings for case managers
- Host general meeting for homeless service providers
- Host CEO engagement breakfasts
- Administer the annual NOFA process including writing the CoC grant as the collaborative
applicant
- Annually monitor and evaluate of all CoC programs and producing program Scorecards
for the annual competition
- Provide year-round technical assistance for all CoC programs
- Produce Quarterly Community Updates on Homelessness (Leadership Report)
- Produce bi-annual APRs for all CoC programs
- Produce annual reports for agency level CAPER data needs
- Produce reports for Directions Home as needed
- Provide quarterly dashboard with the following system performance measures:
o Number of people served
o Average length of stay
o Returns to homelessness
o Inflow/outflow
o Percentage of people with increased income (both employment and
nonemployment)
o Percentage of people who move into permanent housing
Directions Home funds would be used as match for Continuum of Care planning funding from
HUD.
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:
Supportive Services Agreement—Exhibits Page 15 of 23
Reimbursement Request and any necessary supporting documentation and reports will be
submitted by the 15th of every month in format of Exhibit "C".
Programmatic reporting:
Monthly reports will be submitted by the 15th of every month in format of Exhibit"D". Quarterly
reports will be submitted by the 15th of July, October, January and April in the format of Exhibit
Supportive Services Agreement—Exhibits Page 16 of 23
EXHIBIT "B"
BUDGET
Agency will submit invoice for reimbursement by the 15t' 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 23
PROGRAM COSTS Total $84,491.00
A. PERSONNEL (By title)
- $24,830.00
$24,830.00
$24,831 00
PERSONNEL TOTAL: $74,491.00
B. FRINGE BENEFITS j
FRINGE BENEFITS TOTAL: - - --
C. MILEAGE
I
MILEAGE TOTAL:
D. CELL PHONES/EQUIPMENT
I I
CELL PHONES/EQUIPMENT TOTAL:
E. CLIENT EXPENSES
CLIENT EXPENSES TOTAL: 0
F. OTHER APPROVED
Training for CoC partners by contracted vendors $10,000 00
i
i
OTHER APPROVED TOTAL: j $10,000.00
TOTAL PROGRAM COST. $84,491 00
Supportive Services Agreement—Exhibits Page 18 of 23
EXHIBIT "C"
REIMBURSEMENT REQUEST 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 19 of 23
Cell phone
Cell Phone Total:
Type of Client
Expense/Vendor
Client Expense Total:
OperationsNendor:
Operations Total:
Other
Other Total:
Total Invoiced Amount
Attestation
Contractor:
Program:
Name of Person submitting
report:
Date Range Covered by this
report:
I have reviewed this report and
certify that it is a complete,
accurate, and up-to-date
reflection of the services
rendered under the terms of our
Agreement with the City of Fort
Worth.
Signature:
Total
A B C D E
Total Previous This Remaining
Budget Reimbursements Month'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
Tota I
Supportive Services Agreement—Exhibits Page 20 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 provide dashboard of system performance measures including:
o Number of people served
o Average length of stay
o Returns to homelessness
o Inflow/outflow
o Percentage of people with increased income (both employment and
nonemployment)
o Percentage of people who move into permanent housing
Outcome
Measure 2 Report on completed activities (Examples: State of the Homeless address and
report, Point in Time Count etc.
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 21 of 23
Monthly Reports
Oct. Nov. Dec. Jan. Feb. Mar.
List of
reports
produced,
other CoC
activities
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
M&C Review Page 1 of 4
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT�RTH
REFERENCE **M&C 20- 13P20-0161 DIRECTIONS HOME
DATE: 9/15/2020 NO.: 0651 LOG NAME: FY2021 HOMELESSNESS
OBJECTIVE SC CMO
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of Agreements with Listed Public Service Agencies in an
Amount Up to $2,215,678.00 for the Continuation of Directions Home Initiatives and
Authorize Three Renewal Options in a Combined Amount Up to $8,870,736.00
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager or his designee to execute agreements with agencies listed below
in a combined amount up to $2,215,678.00 for a term commencing October 1, 2020 and
terminating September 30, 2021 for the continuation of Directions Home initiatives;
2. Authorize the City Manager or his designee to renew the agreements for Fiscal Years 2022,
2023 and 2024 with the agencies listed below in a combined amount of up to $8,870,736.00
for the continuation of Directions Home initiatives and dependent on funds being
appropriated for Directions Home initiatives; and
3. Authorize the City Manager or his designee to amend the agreements if necessary to achieve
program goals provided the amendment is within the scope of the program and in
compliance with City policies and applicable laws and regulations.
DISCUSSION:
The City Manager's Directions Home Division approached the Purchasing Division to issue a Request
for Proposals (RFP) seeking Firms to: 1) increase or maintain permanent supportive housing; 2)
quickly house people in permanent housing; or 3) improve overall system capacity. The RFP
consisted of specifications explaining the need for various housing programs and overall improvement
of the homeless system. Proposals were scored based on the strength of the proposed program,
program performance, outcomes and quality, organizational capacity of the agency, and budget. The
RFP was advertised in the Fort Worth Star-Telegram on June 10, June 17, June 24, July 1 and July 8,
2020. The City closed the RFP on July 9, 2020. The City received 17 responses. Staff from
the Directions Home Division and Neighborhood Services Department evaluated the proposals and
found the below listed firms to be experienced and well equipped to perform the needed services.
A waiver of the goal M/WBE subcontracting requirement is approved by the Office of Business
Diversity, in accordance with the M/WBE or BIDE ordinance, because the purchase of goods or
services is from sources where subcontracting or supplier opportunities are negligible.
Any renewals are contingent on funds being appropriated.
City staff recommends awarding agreements to the listed agencies in the amounts listed below:
Agencies impacted by a decrease in funding will be notified as soon as practicable.
Directions Home services and programs are available in ALL COUNCIL DISTRICTS.
Program F Description IF Agency Funding FY 21
Case Management for Assisting clients My Health, My Up to $432,000.00
Permanent Supportive in setting and Resources of
Housing Clients fulfilling goals Tarrant County
such as health, (MHMR)
http://apps.cfwnet.org/council_packet/Me review.asp?ID=28220&councildate=9/15/2020 9/16/2020
M&C Review Page 2 of 4
education,
employment,
housing stability
for approximately
150 permanent
supportive
housing clients
Case Management for Case Day Resource Up to $200,977.00
Permanent Supportive Management for Center for the
Housing Clients Permanent Homeless d/b/a
Supportive DRC
Housing Solutions
Clients Assisting
clients in setting
and fulfilling
goals such as
health,
education,
employment,
housing stability
for approximately
75 permanent
supportive
housing clients
Rental Assistance and Provide rental Housing Up to $250,000.00
Administration for Permanent assistance Authority of the
Supportive Housing Clients (which is the City of Fort
difference Worth dba Fort
between Fair Worth Housing
Market Rent and Solutions
the client's 30\%
contribution of
income, if
applicable) to
landlords of up to
20 permanent
supportive
housing clients;
Mental Health Services for Focus on My Health, My Up to $172,000.00
Permanent Supportive housing stability Resources of
Housing Clients by addressing Tarrant County
addiction, mental (MHMR)
health, social,
coping skills and
other adjustment
difficulties;
Rapid Rehousing Maximize state SafeHaven of Up to $103,124.00
and federal rapid Tarrant
rehousing rental County
assistance funds
by funding case
management for
rapid rehousing
clients
http://apps.cfwnet.org/council_packet/mc review.asp?ID=28220&councildate=9/15/2020 9/16/2020
M&C Review Page 3 of 4
Rapid Rehousing Maximize state Center for Up to $167,418.00
and federal rapid Transforming
rehousing rental Lives
assistance funds
by funding case
management for
rapid rehousing
clients
Rapid Exit/Diversion/Shallow Housing funds to The Up to $400,000.00
Subsidies allow people to Presbyterian
quickly exit Night Shelter of
homelessness Tarrant County,
into housing Inc.
Cold Weather Overflow Provide Day Resource Up to $150,000.00
Emergency Shelter additional Center for the
Operations emergency Hornless d/b/a
shelter beds on DRC Solutions
weather trigger
nights;
Critical Documents Clerk and Produce Day Resource Up to $150,000.00
Funding documents Center for the
necessary for Homeless d/b/a
housing and DRC Solutions
employment for
clients
experiencing
homelessness;
Direct Client Services Fund Provide one time Tarrant County Up to $72,000.00
funds to quickly Homeless
divert or rapidly Coalition
exit households
from the
homeless system
Mobile Navigators Reduce the Tarrant County Up to $33,668.00
length of time Homeless
homeless by Coalition
assisting
assigned clients
with unit location
and gathering
documentation
for clients at the
top of the
permanent
supportive and
rapid rehousing
lists
Continuum of Care Support Planning and Tarrant County Up to $84,491.00
data reporting for Homeless
Continuum of Coalition
Care
http://apps.cfwnet.org/council_packet/mc review.asp?ID=28220&councildate=9/15/2020 9/16/2020
M&C Review Page 4 of 4
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the Fiscal Year 2021 Budget by the City Council, funds will be available in the Fiscal Year 2021
Operating Budget, as appropriated, in the General Fund. Prior to an expenditure being incurred,
the City Manager's Office has the responsibility to validate the availability of funds.
BQN\\
TO
Fund Department Account Project Program Activity Budget Reference#
ID ID Year (Chartfield 2)7mount
FROM
Fund Department Account Project Program Activity Budget Reference#
ID ID Year (Chartfield 2)7mount1
Submitted for City Manager's Office by: Jay Chapa (5804)
Fernando Costa (6122)
Originating Department Head: Reginald Zeno (8517)
Additional Information Contact: Cynthia Garcia (8525)
Sarah Czechowicz (2059)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/Mc review.asp?ID=28220&councildate=9/15/2020 9/16/2020