HomeMy WebLinkAboutContract 42500 CITY SECRETARY
CONTRACT NO.
AGREEMENT WITH UNITED WAY OF TARRANT COUNTY
This agreement("Agreement") concerning certain programs serving the homeless is
between the City of Fort Worth ("City"), a home rule municipal corporation organized under the
laws of the State of Texas, acting by and through its duly authorized Interim 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 CEO Tim McKinney. (City and United Way may be
referred to herein individually as a"Party" and collectively as the "Parties").
RECITALS
City and United Way agree that the following statements are true and correct and
constitute the basis on which they have entered into their Agreement.
WHEREAS, City citizens, the Mayor's Advisory Commission on Homelessness, and the
City Council have determined that provision of housing and supportive services is a key strategy
to 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;and
WHEREAS, United Way and the City have previously entered an agreement on
December 18, 2008 regarding Directions Home for 2009 ("Program Year I"), an agreement on
March 29, 2010 for 2010 which expires on December 17, 2010 ("Program Year II"), an agreement
on December 71 2011 for 2011 ("Program Year III"), and wish to enter an agreement for 2012
("Program Year IV").
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 $2,393,355.00 to implement the programs and services for City
residents who are homeless, including supportive housing vouchers, services for housing
programs, shelter-based case management services, county-wide funding and services
coordination, an independent evaluation of the program, direct client services, mental health and
substance abuse integrated services, housing specialist, critical documents clerk and Project
Homeless Connect, more particularly described in Directions Home(the"Program").
2. Term.
This Agreement shall commence at execution of this Agreement and will expire exactly
one (1) year later unless terminated earlier in accordance with this Agreement. Th ies m _w
renew this Agreement for up to twelve (12) months by mutual written agreement if ecessary for
the completion of the Program. The Parties shall execute such renewals no later OffWWWRECORD
CITY SECRETARY
OORTH, TX
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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 Way shall:
a. Select agencies to deliver the Program through a competitive Request for
Proposal process using the following criteria to evaluate the agencies:
1. Ability to work with the chronic homeless;
2. Willingness to collaborate with other agencies in serving the homeless;
3. Current and past performance on similar programs
b. Create and maintain as necessary an allocation committee to allocate the City
funds, as defined below, to the selected agencies.
c. Require program performance and financial reports no less than quarterly from
the agencies selected to provide program components described in paragraph 4
below. Reports and records of selected Agencies will be accessible to the City.
3.2 Cit y shall:
a. Assist United Way in designing Program objectives and outcomes.
b. Assist United Way in the selection of each Agency.
c. Provide the City funds as defined below for United Way to implement the
Program.
4. CONSIDERATION
a. City will disburse Fiscal year 201 1-2012 funds ("City Funds") in a total amount not to
exceed $2,393,356-00 to United Way for the program as follows:
A. Permanent Supportive Housing Voucher Program is administered by the Fort
Worth Housing Authority and voucher-linked supportive services are provided by
partner agencies.
B. Voucher-linked Supportive Services are coordinated by frontline case
managers to support tenants in housing.
C. Mental Health and Substance Abuse Program provides outreach, outpatient
services and inpatient treatment.
D. Shelter-based Case Management facilitates transition out of homelessness
through program participation.
E. Direct Client Services fill unmet needs that help people with increase housing
stability, employment, self-sufficiency and access to health services.
F. Continuum of Care Planning, Development, Coordination and
Implementation implements multiple Directions Home action items by the
Tarrant County Homeless Coalition—the HUD designated Continuum of
Care "Lead Agency".
G. Independent Evaluation ensures accountability for consumers, funders, and
and the public.
H. Housing Specialist will help homeless service providers locate and secure
quality, affordable, accessible housing.
1. Critical Documents Clerk will provide centralized intake and expedited
document processing services for people who are homeless.
J. Project Homeless Connect is a one day event focusing on hospitality and
bringing social service and medical providers to one location to provide
convenient services and information to people who are homeless.
b. 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 March 15,
2012.
5. DEFAULT.
If either United Way or City fails, for any reason, to perform any provision or condition of
this Agreement, this Agreement may be terminated if the default continues for a period of thirty
(30) days after the notifying Party notifies the defaulting Party in writing of the default and its
intention to declare this Agreement terminated for cause. If the defaulting Party does not cure or
correct such breach within the thirty (30) day-period, the notifying Party shall have the right to
declare this Agreement immediately terminated, and neither Party shall have any further
responsibility or liability hereunder except for services previously rendered and payment for the
same.
6. GENERAL PROVISIONS.
6.1 Request for Information. United Way agrees to provide City with any
information on applicants or Program participants within two (2)weeks of the
request.
6.2 No Waiver. The failure of either Party to insist upon the performance of any
provision or condition of this Agreement or to exercise any right granted herein
shall not constitute a waiver of that Party's right to insists upon appropriate
performance or to assert any, such right on any future occasion.
6.3 Severability. The provisions of this Agreement are severable and if for any
reason a clause, sentence, paragraph, or other part of this Agreement shall
be determined to be invalid by a court or federal or state agency, board or
commission having jurisdiction over the subject matter thereof, such invalidity
shall not affect other provisions which can be given effect without the invalid
provisions.
6.4 Force Maieure. The Parties shall exercise their best efforts to meet their
respective duties and obligations hereunder, but shall not be held liable for
any delay in or omission of performance due to force majeure or other causes
beyond their reasonable control, including, but not limited to, compliance with
any state or federal law or regulation, acts of God, fires, strikes, lockouts,
national disasters, wars, riots, material or labor restrictions, transportation
problems or existing contractual obligations directly related to the subject matter
of this Agreement.
6.5 Venue and Jurisdiction. This Agreement shall be construed in accordance with
the laws of the State of Texas. Venue for any action brought on the basis of this
Agreement shall lie exclusively in 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 of the City's charter.
6.8 Independent Contractors. United Way shall operate hereunder as an
independent contractor and not as an officer, agent, servant, or employee of City.
United Way shall have the exclusive control of, and the exclusive right to control
the work designated to be performed by United Way under the terms of this
Agreement, and of all persons performing the same and shall be solely
responsible for the acts and omissions of its officers, members, agents and
employees. Neither City nor United Way shall be responsible under the Doctrine
of Respondeat Superior for the acts 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.
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, Vernon's Texas Codes Annotated, unless specifically stated
herein.
6.10 Amendment. No amendment, modification or alteration of this Agreement shall
be binding unless the same is in writing, dated subsequent to the date hereof and
executed by the Parties.
6.11 Nondiscrimination.
a. Neither City nor United Way nor any of their respective officers, members,
agents, servants, employees, Program participants or contractors, while
engaged in the performance of 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 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 a cause of action for the benefit of any person not a Party to
this Agreement, or to create any rights of the benefit of any person not a party to
this Agreement not otherwise existing at law.
6.15 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 address, or at such other address as either Party designates in
writing, by certified mail, postage prepaid or hand delivery:
Fort Worth: Jesus (Jay) Chapa, Director
Housing and Economic Development
Department
loop Throckmorton
Fort Worth, TX 76102
United Way of Tarrant County: Tim McKinney
President and CEO
1500 N. Main Street, Suite 200
Fort Worth, Texas 76106
[SIGNATURES APPEAR ON NEXT PAGE]
EXECUTED in multiple originals as of the last date indicated below:
CITY OF FORT WORTH UNITED WAY OF TARRANT COUNTY
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By: .__ � By.
Tim McKinney
Assistant City Manager President and CEO
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By. ,
Marty Hendrix, �
City Secretary �` °'
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APPROVE AS TO FOR AND L GALITY:
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Vicki Ganske
Senior Assistant City Attorney
OFFICIAL RECORD:
CITY SLCRETARY
FT, WORTH, TX
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTWORTH
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COUNCIL ACTION: Approved on 1 0/25/2011
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CONTINUED FROM A PREVIOUS WEEK
DATE: 1 0/18/2011 REFERENCE C-25234 LOG NAME: 17UNITEDWAYPYIV
NO.:
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of an Agreement with the United Way of Tarrant County for
$2,393,356.00 to Implement Action Items from Directions Home, the City's Homelessness
Plan (ALL COUNCIL DISTRICTS)
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RECOMMENDATION:
It is recommended that the City Council:
1. Authorize Agreement with the United Way of Tarrant County in the amount of$2,393,356.00 for
the implementation of programs described as the City's responsibility in Directions Home, the City's
Homelessness Plan;
2. Authorize extension or renew the Agreement for up to one year if the United Way of Tarrant
County requests an extension and it is necessary for the completion of the program; and
3. Authorize amending the Agreement if necessary to achieve program goals provided that the
Amendment is within the scope of the program and in compliance with applicable laws.
DISCUSSION:
On June 17, 2008, the City Council adopted the City's Homelessness Plan, Directions Home
(Resolution No. 3628-06-2008). The United Way of Tarrant County (United Way) offered to serve as
a funding conduit at no cost for the implementation of the Directions Home programs funded by the
City. The United Way created a special fund to administer and distribute public and private dollars to
be used for the implementation of county-wide homelessness programs.
On September 15, 2009, the City Council allocated $2,666,042.00 in Fiscal Year 2009-2010 budget
to the Housing and Economic Development Department to implement the programs described in
Directions Home, including $2,268,356.00 for programs to be administered by United Way.
The original Agreement with United Way has expired and Staff recommends that the Council approve
a new Agreement with United Way for the administration of funds allocated by the City Council Fiscal
Year 2011-2012 for Program Year IV of Directions Home. The Agreement will contain services such
as:
1. Permanent Supportive Housing Voucher Program is administered by the Fort Worth Housing
Authority and voucher-linked supportive services are provided by partner agencies;
2. Voucher-linked Supportive Services are coordinated by frontline case managers to support
tenants in housing;
3. Mental Health and Substance Abuse Program provides outreach, outpatient services and
inpatient treatment,
4. Shelter Based Case Management facilitates the transition out of homelessness through program
http:Happs.cfwnet.orgl council—Packetlmc_review.asp?lD=15967&councildate=10/25/2011 10/26/2011
M&C Review Page 2 of 2
participation;
5. Direct Client Services fill unmet needs that help people with increase housing stability,
employment, self-sufficiency and access to health services;
6. Continuum of Care Planning, Development, Coordination and Implementation implements
multiple Directions Home action items by the Tarrant County Homeless Coalition the HUD
designated Continuum of Care "Lead Agency";
7. Independent Evaluation promotes program improvement and accountability for consumers,
funders and the public;
8. Critical Documents Clerk provides centralized intake and expedited document processing
services for people who are homeless;
9. Housing Specialist helps people who are homeless and service providers who assist them in
locating and securing quality, affordable, accessible housing;
10. Project Homeless Connect a one-day, one-stop services and hospitality fair to be held on April
19, 2012.
The United Way will be responsible for reporting to the City on the administration of these programs
and measurement of the intended outcomes. The University of Texas at Arlington currently serves as
the independent evaluator, reporting on outcomes of the Directions Home program through its School
of Social Work at http://www2uta.edu/ssw/csdc/dh/rei)orts/htm.
The program benefits ALL COUNCIL DISTRICTS.
FISCAL INFORMATIONXERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current
Operating Budget, as appropriated, of the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 539120 178000 $2,393,356.00
Submitted for City Manager's„Office.by_ Fernando Costa (6122)
Originating Department Head: Jay Chapa (5804)
Additional Information Contact: Jay Chapa (5804)
ATTACHMENTS
http:Ilapps.cfwnet.org/councii_packet/mc_review.asp?ID=15967&counciidate=1012512011 10/26/2011