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HomeMy WebLinkAboutContract 45442 (2)FLA tL E C>E`✓ .R,� O(3 RI,-„4 1r1_ AGREEMENT WITH UNITED WAY OF TARRANT COUNTY This agreement ("Agreement") concerning certain programs serving the homeless is between the City of Fort Worth ("City"), a home rule municipal corporation organized under the laws of the State of Texas, acting by and through its duly authorized City Manager, Tom Higgins, and the United Way of Tarrant County ("United Way"), a non-profit agency, acting by and through its duly authorized President and Chief Executive Officer, Tim McKinney. City and United Way may be referred to herein individually as a "Party" and collectively as the "Parties". RECITALS City and United Way agree that the following statements are true and correct and constitute the basis on which they have entered into their Agreement. WHEREAS, City residents, the Fort Worth Advisory Commission on Ending Homelessness, and the City Council have determined that provision of housing and supportive services is a key strategy in ending homelessness in the City; and WHEREAS, the City has allocated funding for the purpose of serving the homeless as described in the City's homelessness plan, Directions Home: Making Homelessness Rare, Short -Term, and Non -Recurring in Fort Worth, Texas Within Ten Years ("Directions Home"); and WHEREAS, United Way has joined the City in providing services to the homeless by offering to serve as a funding conduit for the programs funded by the City as described in Directions Home at no cost to the City; and WHEREAS, United Way and the City have previously entered an agreement on December 18, 2008 regarding City funding for City Fiscal Year 2009 ("Program Year I"), an agreement on March 29, 2010 for City Fiscal Year 2010 ("Program Year II"), an agreement on December 7, 2011 for City Fiscal Year 2011 ("Program Year III"), an agreement on October 25, 2011 for City Fiscal Year 2012 ("Program Year IV"), an agreement on November 7, 2012 for City Fiscal Year 2013 ("Program Year V"), and wish to enter into an agreement for City Fiscal Year 2014 ("Program Year VI"). NOW THEREFORE, the Parties agree as follows: 1. PURPOSE AND SCOPE. The purpose of the Agreement is to set forth the terms and conditions under which the City will provide United Way with $2,159,020.00 to implement the programs and services for City residents who are homeless, such as: Rental Assistance, Housing Retention Services, Tenant Supportive Services, Housing Placement Services, Critical Documents Clerk, Direct Client Services Fund, Continuum of Care Planning and Coordination, Independent Evaluation, The Shortest Way Horne Community Engagement Plan, and Project Homeless Connect., more particularly described in Directions Home (the "Program"). Page 1 of 7 OFFICIAL RECQR 1 Agreement between City of Fort Worth and United Way of Tarrant County CITY SE©RETts Y Program Year VI r ,,�;;; -,r i►�;: RECEIVED MAU 2 1 zo17014 2. TERM. This Agreement shall commence at execution of this Agreement and will expire May 31, 2015 unless terminated earlier in accordance with this Agreement. The Parties may renew this Agreement for up to twelve (12) months by mutual written agreement if necessary for the completion of the Program. The Parties shall execute such renewals no later than thirty (30) days prior to the expiration of the current term. In addition to termination for default pursuant to Section 5 either Party may terminate this Agreement without cause upon ninety (90) days written notice to the other Party, and neither Party shall have any further responsibility of liability hereunder except for services previously rendered and payment for the same. 3. DUTIES OF THE PARTIES AND SERVICES PROVIDED. 3.1. United Wav shall: a. Select agencies to deliver the Program through a competitive Request for Proposal process or negotiated renewals with existing subcontractors using the following criteria to evaluate the agencies: 1. Ability to work with the chronic homeless; 2. Willingness to collaborate with other agencies in serving the homeless; and 3. Current and past performance on similar programs. b. Disburse funds to selected agencies in accordance with program budgets and objectives as defined by the City 3.2. City shall: a. Assist United Way in designing Program objectives, initiatives, and outcomes; b. Assist United Way in the selection and monitoring of each agency; and c Provide the City funds as defined below for United Way to implement the Program. CONSIDERATION. 4.1. City will disperse Fiscal Year 2014 funds ("City Funds") in a total amount not to exceed $2,159,020.00 to United Way for Directions Home initiatives such as: a. Rental Assistance to offset a portion of the Fair Market Rent on a modest apartment so that vulnerable households can move out off the streets and out of emergency shelters; Page 2of7 Agreement between City of Fort Worth and United Way of Tarrant County Program Year VI b. Housing Retention Services, to provide supportive services for highly vulnerable tenants who are receiving rental assistance; c. Tenant Supportive Services to provide specialized behavioral health assessments and support to tenants receiving rental assistance; d. Housing Placement Services to assist unsheltered and emergency sheltered people who are homeless secure permanent housing; e. Critical Documents Clerk to provide document application and processing services for people who are homeless; f. Direct Client Services Fund to fill unmet needs that help people increase housing stability, employment, self-sufficiency, and access to health services; g. Continuum of Care Planning and Coordination to implement multiple Directions Home action items by the Tarrant County Homeless Coalition and operate the community -wide Homeless Management Information System, h. Independent Evaluation to promote program involvement and accountability for consumers, funders, and the public; i. The Shortest Way Home Community Engagement Plan, to encourage public participation in local efforts to end homelessness through volunteerism, donations, support; and j. Project Homeless Connect, a one -day, one -stop services and hospitality fair to be held in April 2014. 4.2. City Funds shall be dispersed as follows: fifty percent (50%) of City Funds at execution of this Agreement and fifty percent (50%) of City Funds on June 1, 2014. 4.3 In consultation with City Staff, City Funds that are unspent or recaptured will be reprogrammed for initiatives described in Section 4.1 or returned to the City. DEFAULT. If either United Way or City fails, for any reason, to perform any provision or condition of this Agreement, this Agreement may be terminated if the default continues for a period of thirty (30) days after the notifying Party notifies the defaulting Party in wnting of the default and its intention to declare this Agreement terminated for cause. If the defaulting Party does not cure or correct such breach within the thirty- (30) day period, the notifying Party shall have the right to declare this Agreement immediately terminated, and neither Party shall have any further responsibility or liability hereunder except for services previously rendered and payment for the same. Page 3 of 7 Agreement between City of Fort Worth and United Way of Tarrant County Program Year VI 6. GENERAL PROVISIONS. 6.1. Request for Information. United Way agrees to provide City with any information on applicants or Program participants within two (2) weeks of the request. 6.2. No Waiver. The failure of either Party to insist upon the performance of any provision or condition of this Agreement or to exercise any right granted herein shall not constitute a waiver of that Party's right to insists upon appropriate performance or to assert any, such right on any future occasion. 6.3. Severabilitv. The provisions of this Agreement are severable and if for any reason a clause, sentence, paragraph, or other part of this Agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provisions. 6.4. Force Maieure. The Parties shall exercise their best efforts to meet their respective duties and obligations hereunder, but shall not be held liable for any delay in or omission of performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any state or federal law or regulation, acts of God, fires, strikes, lockouts, natural disasters wars, riots, material or labor restrictions, transportation problems or existing contractual obligations directly related to the subject matter of this Agreement. 6.5. Venue and Jurisdiction. This Agreement shall be construed in accordance with the laws of the State of Texas. Venue for any action brought on the basis of this Agreement shall lie exclusively in the state courts located in Tarrant County, Texas. 6.6. Entirety of Agreement. This Agreement, including all Exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between City and United Way as to the work and services to be performed. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the provisions of this Agreement. 6.7. Compliance with Laws, Ordinances, Rules, and Regulations. The Agreement is subject to all applicable federal, state, and local laws, ordinances, rules, and regulations, including but not limited to all provisions in the City's Charter. 6 8. Independent Contractors. United Way shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of the City. United Way shall have the exclusive control of, and the exclusive right to control the work designated and performed by United Way under the terms of this Agreement, and of all persons performing the same and shall be solely responsible for the acts and omissions of its officers, members agents, and employees. Neither City nor United Way shall be responsible under the Doctrine of Respondeat Superior for the acts of omissions of its officers members, agents, employees, or officers of the other. No partnership or joint venture is intended or formed between City and United Way by the Agreement. Page 4of7 Agreement between City of Fort Worth and United Way of Tarrant County Program Year VI 6.9. Immunity and Third Parties. It is expressly agreed that, in the execution and performance of the Agreement, neither City nor United Way waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of their respective powers and functions. Nothing in the Agreement shall be construed to benefit any third Party other than an employee or officer of the City or United Way while in the performance of this Agreement. This Agreement may not be construed to expand the liability of City or United Way beyond the scope of Chapter 101 of the Texas Civil Practice and Remedies Code unless specifically stated herein. 6.10. Amendment. No amendment, modification, or alteration of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof and executed by the Parties. 6.11. Nondiscrimination. a. Neither City nor United Way nor any of their respective officers, members, agents, servants, employees, Program participants or contractors, while engaged in the performance of the Agreement, shall in connection with the terms conditions, or privileges of their employment, discriminate against persons because of their age, except on the basis on a bona fide occupational qualification, retirement plan, or statutory requirement. b. City and United Way agree that in the execution, performance, or attempted performance of this Agreement, they will not discriminate against any person or persons hereunder because of gender, race, religion, color, sexual orientation, or national origin, nor will United Way permit its officers, agents, servants, employees, contractors, or Program participants to engage in such discrimination. 6.12. Notice of Claims. United Way and City agree to notify the other promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death, or damages related to the Agreement. United Way and City agree to make their respective officers, agents, servants, and employees available at all reasonable times for any statements and case preparation for the defense of any claims or litigation for which the other Party may be responsible hereunder. 6.13. Headings. Headings and titles used in the Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 6.14. Effect on Third Parties. Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative defense which may be asserted by United Way or City as to any claim of any third Party. Nothing herein shall be construed in any manner to create or cause of action for the benefit of any person not a Party to this Agreement, or to create any rights of the benefit of any person not a Party to this Agreement not otherwise existing at law. Page5of7 Agreement between City of Fort Worth and United Way of Tarrant County Program Year VI 6.15. Program Administration. In the event of an issue affecting the Program that needs clarification beyond the terms of this Agreement, the Parties agree to mutually develop remedies and/or solutions. 6 16. Notices. All notices required by the Agreement shall be addressed to the Parties at the following addresses, or at such other address as either Party designates in writing, by certified mail, postage prepaid or hand delivery: Fort Worth: United Way of Tarrant County: • Jesus ("Jay") Chapa, Director Housing and Economic Development Dept. 1000 Throckmorton Street Fort Worth, Texas 76102 Tim McKinney President and CEO 1500 North Main Street, Suite 200 Fort Worth, Texas 76106 Page 6 of 7 Agreement between City of Fort Worth and United Way of Tarrant County Program Year VI EXECUTED in multiple originals as of the last date indicated below: CITY OF FORT WORTH: BY )114144:44Q.— Fernando Costa Assistant City Manager Date: 3/20//44 ATTEST: B rMary. .-t s_r City Secretary M&C Date:: APPROVED AS TO FORM AND LEGALITY: Vicki Ganske Senior Assistant City Attorney UNITED WAY OF TARRANT COUNTY: Tim McKinney President and CEO 9///Date: 4 Page 7 of 7 Agreement between City of Fort Worth and United Way of Tarrant County Program Year VI City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/18/2014 DATE: Tuesday, March 18, 2014 REFERENCE NO.: C-26718 LOG NAME: 17UNITEDWAYPYVI SUBJECT: Authorize Execution of an Agreement with the United Way of Tarrant County in the Amount of $2,159,020.00 to Implement Action Items from Directions Home, the City of Fort Worth's Homelessness Plan (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager or his designee to execute an Agreement with United Way of Tarrant County in the amount of $2,159,020.00 for one year for the implementation of initiatives described in Directions Home, the City of Fort Worth's Homelessness Plan; 2. Authorize the City Manager or his designee to extend or renew the Agreement for up to one year if United Way of Tarrant County requests an extension and it is necessary for the completion of the program; and 3. Authorize the City Manager or his designee to amend the Agreement, if necessary, to achieve program goals provided that the Amendment is within the scope of the program and in compliance with City of Fort Worth policies and applicable laws and regulations. DISCUSSION: On June 17, 2008, the City Council adopted Directions Home, the City of Fort Worth's (City) Homelessness Plan (Resolution No. 3628-06-2008). The United Way of Tarrant County (United Way) has served as the fiscal and grant —making agent for public and private funds in support of the Directions Home Plan at no cost to the City. In close consultation with Staff, the United Way oversees an annual grant —making process for community— and faith —based organizations to operate initiatives that accomplish the strategies contained in the Directions Home Plan. On September 17, 2013, the City Council allocated the amount of $2,349,163.00 in the Fiscal Year 2014 budget to the Housing and Economic Development Department to implement the initiatives described in Directions Home, including the amount of $2,159,020.00 for initiatives to be administered by United Way. The Fort Worth Advisory Commission on Ending Homelessness has received public comment and advised Staff on funding priorities for the coming year. Staff recommends the City Council approve a new Agreement with United Way for the administration of funds allocated by the City Council in Fiscal Year 2014 for Program VI of Directions Home. The Agreement will cover services such as: • Rental Assistance to offset a portion of the Fair Market Rent on a modest apartment so that vulnerable households can move out off the streets and out of emergency shelters; • Housing Retention Services to provide supportive services for highly vulnerable tenants who are receiving rental assistance; • Tenant Supportive Services to provide specialized behavioral health assessments and support to tenants receiving rental assistance; • Housing Placement Services to assist unsheltered and emergency sheltered people who are homeless secure permanent housing; • Critical Documents Clerk to provide document application and processing services for people who are homeless; • Direct Client Services Fund to fill unmet needs that help people increase housing stability, employment, self—sufficiency, and access to health services; • Continuum of Care Planning and Coordination to implement multiple Directions Home action items by the Tarrant County Homeless Coalition and operate the community —wide Homeless Management Information System, • Independent Evaluation to promote program involvement and accountability for consumers, funders, and the public; • The Shortest Way Horne Community Engagement Plan, to encourage public participation in local efforts to end homelessness through volunteerism, donations, support; and • Pi oject Homeless Connect, a one —day, one —stop services and hospitality fair to be held in April 2014. The program benefits ALL COUNCIL DISTRICTS. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. FUND CENTERS: TO Fund/Account/Centers ll GG01 539120 0178000 CERTIFICATIONS: Submitted for City Manager's Office bv : Originating Denartment Head: Additional Information Contact: ATTACHMENTS, 1. Fund Verification.docx $2.159.020.00 FROM Fund/Account/Centers Fernando Costa (6122) Jay Chapa (5804) Maggie Jones (2235) Otis Thornton (7552)