HomeMy WebLinkAboutContract 55554CSC No. 55554
■■
a■
iarrant Caunty Hvmele5s Caalitian
Fort Worth/Arlington/Tarrant/Parker County
Continuum of Care TX-601
Homeless Management Information System
Participation Agreement
Between
TCHC and
The City of Fort Worth on behalf of the Fort Worth Police Department
and the Fort Worth Fire Department
This agreement is entered into on March 25, 2021 between the Tarrant County Homeless Coalition, as
lead agency for the Fort Worth/Arlington/Parker/Tarrant County Continuum of Care TX- 601, hereafter
known as "TCHC," and the City of Fort Worth hereafter known as "Agency," regarding access, use and
sharing of data with the TCHC Continuum of Care Homeless Management Information System, hereafter
known as the "TCHC CoC HMIS."
Introduction
The TCHC CoC HMIS (ETO Software), a shared human services database, allows authorized personnel at
homeless and human service provider agencies throughout the Fort Worth/Arlington/Tarrant County
Continuum of Care (CoC) to enter, track, and report on information concerning their own clients and to
share information on common clients.
TCHC CoC HMIS goals are to:
• Improve coordinated care for and services to homeless persons in the CoC.
• Provide a user-friendly and high-quality automated records system that expedites client intake
procedures, improves referral accuracy, and supports the collection of quality information that can
be used for program improvement and service-planning, and
• Meet the reporting requirements of the U.S. Department of Housing and Urban Development
(HUD) and the CoC.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
In compliance with all state and federal requirements regarding client/consumer confidentiality and data
security, the TCHC CoC HMIS is designed to collect and deliver timely, credible, quality data about services
and homeless persons or persons at risk for being homeless.
TCHC Responsibilities to TCHC CoC HMIS Software users:
• Will provide the Agency 24-hour access to the TCHC CoC HMIS database systems, via internet
connection.
• Will provide Privacy Notices, Client Release forms and other agreements that may be adopted or
adapted in local implementation of TCHC CoC HMIS functions.
• Will provide both initial training and periodic updates to that training for core Agency Site
Administrator Staff regarding the use of the software systems, with the expectation that the Agency
will take responsibility for conveying this information to all Agency Staff using the systems.
• Will provide basic user support and technical assistance (i.e., general troubleshooting and assistance
with standard report generation). Access to this basic technical assistance will normally be available
from 8:30 AM to 4:30 PM on Monday through Friday (with the exclusion of holidays).
• Will not publish reports on client data that identify specific agencies or persons, without prior Agency
(and where necessary, client) permission. Public reports otherwise published will be limited to
presentation of aggregated data within the TCHC CoC HMIS databases. Publication practice will be
governed by policies established by relevant committees operating at the TCHC CoC HMIS level for
continuum-wide analysis and will include qualifiers such as coverage levels or other issues necessary
to clarify the meaning of published findings.
Protection of Client Privacy
The Agency will comply with all applicable federal and state laws regarding protection of client privacy,
specifically with federal confidentiality regulations as contained in the Code of Federal Regulations, 42
CFR Part 2, regarding disclosure of alcohol and/or drug abuse records. In general terms, the Federal rules
prohibit the disclosure of alcohol and/or drug abuse records unless disclosure is expressly permitted by
written consent of the person to whom it pertains or as otherwise permitted by 42 CFR Part 2. A general
authorization for the release of inedical or other information is not sufficient for this purpose. The Agency
understands that the federal rules restrict any use of the information to criminally investigate or prosecute
any alcohol or drug abuse cases.
The Agency will abide specifically with the Health Insurance Portability and Accountability Act of 1996
(HIPAA) and corresponding regulations passed by the U.S. Department of Health and Human Services. In
general, the regulations provide consumers with new rights to control the release of inedical information,
including advance consent for most disclosures of health information, the right to see a copy of health
records, the right to request a correction to health records, the right to obtain documentation of
disclosures of their health information, and the right to an explanation of their privacy rights and how
information may be used or disclosed. The current regulation provides protection for paper, oral, and
electronic information.
In accordance with the Texas Public Information Act, the Agency will comply with all policies and
procedures established by TCHC pertaining to protection of client privacy.
Client Confidentiality
The Agency will not solicit or enter information from clients into the TCHC CoC HMIS databases.
The Agency will not divulge any confidential information received from the TCHC CoC HMIS to any
organization or individual without proper written consent by the client on the Client Release of
Information Consent Form (ROI) unless otherwise permitted or required by applicable regulations or laws,
including the Texas Public Information Act.
The Agency acknowledges that clients who choose not to consent to release of information cannot be
denied services for which they would otherwise be eligible. The Agency will ensure that all persons who
are issued a User ldentification and Password to the TCHC CoC HMIS System abide by this Participation
Agreement, including all associated confidentiality provisions.
The Agency will be responsible for oversight of its own related confidentiality requirements.
The Agency agrees that it will ensure that all persons issued a User ID and Password will complete a formal
training provided by TCHC on privacy and confidentiality and demonstrate mastery of that information,
prior to activation of their User ID.
The Agency acknowledges that ensuring the confidentiality, security and privacy of any information
downloaded from the system by the Agency is strictly the responsibility of the Agency.
The Agency acknowledges that informed client consent is required before any basic identifying client
information is shared with other Agency(ies) in the TCHC CoC HMIS. The Agency will document client
consent on the TCHC CoC HMIS Client Release of Information Consent Form (ROI).
The Agency acknowledges that the Agency, itself, bears primary responsibility for oversight for all sharing
of data it has collected via the TCHC CoC HMIS system.
Custody of Data
In the event that the TCHC CoC HMIS Project ceases to exist, Participating Agencies will be notified and
provided reasonable time to access and save client data on those served by the Agency, as well as
reporting, statistical and frequency data from the entire system. Thereafter, the information collected by
the centralized server will be purged or appropriately stored.
Data Entry and Regular Use of TCHC CoC HMIS
The Agency will not permit User IDs and Passwords to be shared among users.
The Agency will enter data in a consistent manner, and will strive for real-time, or close to real- time data
entry, but no later than within three business days after a service or effort is provided to the client. If a
User account is inactive for more than six weeks, the User account may be subject to reassignment to
another agency.
The Agency will routinely review records it has entered in the TCHC CoC HMIS for completeness and data
accuracy. The review and data correction process will be made according to TCHC CoC HMIS Policies and
Procedures.
The Agency will not knowingly enter inaccurate information into the TCHC CoC HMIS.
The Agency will prohibit anyone with an Agency-assigned User ID and Password from entering offensive
language, profanity, or discriminatory comments based on race, color, religion, national origin, ancestry,
handicap, age, sex, and sexual orientation.
The Agency will utilize the TCHC CoC HMIS for business purposes only.
The Agency will keep updated virus protection software on Agency computers that access the TCHC CoC
HMIS. (e.g. McAfee, Norton)
Transmission of material in violation of any federal or state regulations is prohibited.
The Agency will not use the TCHC CoC HMIS with intent to defraud the Federal, State, or local government,
or an individual entity, or to conduct any illegal activity.
The Agency agrees the TCHC may convene TCHC CoC HMIS User Meetings to discuss procedures, updates,
policy and practice guidelines, data analysis and software/hardware upgrades.
The Agency will designate at least one specific staff inember, usually the Site Administrator of record, to
regularly attend User Meetings.
Notwithstanding any other provision of this Participation Agreement, the Agency agrees to abide by all
policies and procedures relevant to the use of the TCHC CoC HMIS that TCHC may publish from time to
time.
Agency's Use of Data
Unless a client requests that his/her record remains hidden, his/her primary identifiers will be disclosed
by TCHC to other HMIS agencies. This will allow agencies to locate the client within the HMIS system when
the client comes to them for services. This will allow the Continuum to determine how many people are
homeless in our region during any specified timeframe. Identifiable client information may also be used
by the Agency, or disclosed, in accordance with the HUD Data and Technical Standards for:
• Uses and disclosures required by law
• Aversion of a serious threat to health or safety (to include Covid-19)
• Uses and disclosures about victims of abuse, neglect, or domestic violence
• Uses and disclosures for academic research purposes
• Disclosures for law enforcement purposes in response to a lawful court order, court-ordered
warrant, subpoena, or summons issued by a judicial office or a grand jury subpoena
Publication of Reports
The Agency agrees that it may only release aggregated information generated by the TCHC CoC HMIS
specific to its own Agency's services.
The Agency acknowledges that the release of CoC-wide aggregated information will be governed through
policies established by TCHC and the CoC HMIS Committee for analysis of information at the CoC-level or
community-level. Such information will include qualifiers such as coverage levels or other issues necessary
to fully explain the published findings.
Database Integrity
The Agency will not share assigned User IDs and Passwords to access the TCHC CoC HMIS with any other
organization, governmental entity, business, or individual.
The Agency will not intentionally cause corruption of the TCHC CoC HMIS in any manner. Any unauthorized
access or unauthorized modification to computer system information, or interference with normal system
operations, will result in immediate suspension of services, and, where appropriate, legal action against
the offending entities.
Hold Harmless
The TCHC CoC HMIS System and TCHC makes no warranties, expressed or implied. The Agency, at all times,
will, to the extent allowed by Texas law and without waiving its sovereign immunity, indemnify and hold
the TCHC CoC HMIS System or TCHC harmless from any damages, liabilities, claims, and expenses that
may be claimed against the TCHC CoC HMIS System and TCHC; or for injuries or damages to the Agency
or another party arising from participation in the TCHC CoC HMIS; or arising from any acts, omissions,
neglect, or fault of the Agency or its agents, employees, licensees, or clients; or arising from the Agency's
failure to comply with laws, statutes, ordinances, or regulations applicable to it or the conduct of its
business. This Agency will also hold TCHC CoC HMIS System or TCHC harmless for loss or damage resulting
in the loss of data due to delays, non-deliveries, mis-deliveries, or service interruption caused by Social
Solutions, Inc. or other third party system, by the Agency's or other member agency's negligence or errors
or omissions, as well as natural disasters, technological difficulties, and/or acts of God. TCHC CoC HMIS
System or TCHC shall not be liable to the Agency for damages, losses, or injuries to the Agency or another
party other than if such is the result of gross negligence or willful misconduct of TCHC CoC HMIS System
or TCHC. TCHC CoC HMIS System or TCHC agree to hold the Agency harmless from any damages, liabilities,
claims, or expenses caused solely by the negligence or misconduct of TCHC CoC HMIS System or TCHC.
Nothing contained herein shall ever be construed so as to require Agency to assess, levy and collect any
tax to fund its obligations under this paragraph. Article XI Section 5 of the Texas Constitution provides
that a city is prohibited from creating a debt unless the city levies and collects a sufficient tax to pay the
Interest on the debt and provides a sinking fund. The City of Fort Worth has not and will not create a
sinking fund or collect any tax to pay any obligation created under this section.
Provisions of this section shall survive any termination of the Participation Agreement.
The Texas Public Information Act
Notwithstanding anything to the contrary contained herein, TCHC and Agency understand and agree that
all information written, produced, collected, assembled, or maintained by Agency is subject to the Texas
Public Information Act. Agency agrees that it will not divulge any confidential information received from
the TCHC CoC HMIS to any organization or individual unless required by the Texas Public Information Act
or other applicable regulations or laws. Nothing contained herein shall require Agency to release any
information in violation of the Texas Public Information Act.
Terms and Conditions
The parties hereto agree that this agreement is the complete and exclusive statement of the agreement
between parties and supersedes all prior proposals and understandings, oral and written, relating to the
subject matter of this agreement.
The Agency shall not transfer or assign any rights or obligations under the Participation Agreement
without the written consent of TCHC.
This agreement shall remain in force until revoked in writing by either party. The exception to this term is
if allegations or actual incidences arise regarding possible or actual breaches of this agreement. Should
such situations arise, TCHC may immediately suspend access to the TCHC CoC HMIS until the allegations
are resolved to protect the integrity of the system.
This agreement may be modified or amended by written agreement executed by both parties with 30
days advance written notice.
[signature page follows]
ACCEPTED AND AGREED:
CITY OF FORT WORTH ("AGENCY"):
BA/7esus 1 C�pr 1�1 0924 CDT)
�
Name: Jesus J. Chapa
Title: Deputy City Manager
Apr 12, 2021
Date:
APPROVAL RECOMMENDED:
/l�c�/l�e��-�
Ncll Noakes (Api 7, 2021 20:47 CDT)
By.
Name: Neil Noakes
Title: Police Chief
�qG��ie w�G�i�A�o�
vaierte washt��to� (npr iz, z i o�:is c�r)
By:
Name: Valerie Washington
Title: Assistant City Manager
Apr 12, 2021
Date:
APPROVAL RECOMMENDED:
B� s Davis (Apr9, 2021 P:16 CDT)
Name: James Davis
Title: Fire Chief �44U��
a
��
�aO�oFOR T ���
ATTEST: � .�.o° �� �
d
��`o g-Id
�Vo °_�
� ° o00 �,d
00
. ���U °� 0 � �� �FXAr"�'4�q'.o�
By.
Name: Mary J. Kayser
Title: City Secretary
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
James S.6rclf r(Mar29, 20211055 CDT)
By:
Name: James Greif
Title: Fire Lieutenant
By: uqvrce Keyes , ,
Name: Vance Keyes
Title: Police Captain
APPROVED AS TO FORM AND LEGALITY:
�.����w .���, ���
�
Name: Matthew Murray
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: Not required
1295: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
TCHC:
Tarrant County Homeless Coalition ATTEST:
�
BY�
Name: Lauren King gy: _
Title: Executive Director Name:
Date:
Mar 29, 2021 Title: _
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX