HomeMy WebLinkAboutContract 46534 r f CITY SECRETARY r-
C..WRACT MO.
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, David
Cooke, 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 in
support of 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 1"), an
agreement on March 29, 2010 for City Fiscal Year 2010 ("Program Year 11"), 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"), an agreement on March 20, 2014 for City Fiscal
Year 2014 ("Program Year VI") and wish to enter into an agreement for City Fiscal Year 2015
("Program Year VII").
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,
Page 1 of 8 OFFICIAL RECORD
Agreement between City of Fort Worth and United Way of Tarrant County
Program Year VII CITY SECRETARY
FT.W0RtW.JX8. 015
The Shortest Way Home Community Engagement Plan, and Project Homeless Connect (the
"Program").
2. TERM.
This Agreement shall commence at execution of this Agreement and will expire May 31,
2016 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 Way 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.
C. Furnish City with quarterly financial reports that include a budget-to-actual
spending comparison for the United Way's expenditure of the funds it receives
under this Agreement.
d. Shall award agencies funding using the following amounts for the listed
categories. With City approval, these amounts may vary by +/- ten percent
(10%):
Permanent Supportive Housing
Housing Retention Services $ 570,000
Leasing Costs $ 683,280
Rental Administration $ 72,795
Tenant-Based Services $ 199,500
Page 2 of 8
OFFICIAL RECORD
Agreement between City of Fort Worth and United Way of Tarrant County CITY SECRETARY
Program Year VII FT' WRT A5
Housing Placement Services $ 570,000
Direct Client Services Fund $ 153,216
Critical Documents Clerk $ 45,600
Continuum of Care Coordination $ 90,000
Evaluation $ 85,000
Community Engagement $ ***
Project Homeless Connect $ ***
CWOES/ Systems-Level Barrier Removal $ 20,250
***No funding has been identified for these items at this time. However, these
initiatives may be pursued if funds become available during the term of this
Agreement.
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.
4. CONSIDERATION.
4.1. City will disperse Fiscal Year 2015 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;
b. Housing Retention Services, to provide supportive services for highly
vulnerable tenants who are receiving rental assistance from the City or other
sources;
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; OFFICIAL RECORD
Page 3 of 8 CITY SECRETARY
Agreement between City of Fort Worth and United Way of Tarrant County
'�'� WORTH, T
Program Year VII t X
. 015
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.
4.2. City Funds shall be dispersed as follows: sixty percent (60%) of City Funds at
execution of this Agreement and forty percent (40%) of City Funds on June 1, 2015.
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.
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.
Page 4 of 8
OFFICIAL RECORD
Agreement between City of Fort Worth and United Way of Tarrant County CITY SECRETARY
Program Year VII
6.4. Force Majeure. 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.
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. OFFICIAL kECUkD
Page 5 of 8 CITY SECRETARY
Agreement between City of Fort Worth and United Way of Tarrant County FT.WORTH,TX
Program Year VII
Rev. 3.18.2015
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. Fffect 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.
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. Right of City to Audit. City reserves the right to perform an audit of United
Way's financial and business records that pertain to its duties and services provided hereunder
at any time during the term of this Agreement and for five (5) years thereafter. United Way
agrees to allow City reasonable access to all records pertaining to the duties and services
described herein.
6.17. 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: Jesus ("Jay") Chapa, Director
Economic Development Dept.
Page 6 of 8 OFFICIAL RECORD
Agreement between City of Fort Worth and United Way of Tarrant County CITY SECRETARY
Program Year VII FT, WPATYIT*)
1000 Throckmorton Street
Fort Worth, Texas 76102
United Way of Tarrant County: Tim McKinney
President and CEO
1500 North Main Street, Suite 200
Fort Worth, Texas 76106
[SIGNATURES IMMEDIATELY FOLLOW]
OFFICIAL RECORD
CITY SECRETARY
Page 7 of 8 FT.WORTH,TX
Agreement between City of Fort Worth and United Way of Tarrant County
Program Year VII
Rev. 3.18.2015
EXECUTED in multiple originals as of the last date indicated below:
CITY OF FORT WORTH: UNITED WAY OF TARRANT COUNTY:
Fernando Costa Tim McKinney
Assistant City Manager President and CEO
Date: ZYDate: J f f
ATTEST:
0000
By:
Mary J. ase V o=
City Secretary off*
0
M&C C-27176 Date:02/03/2015 S
APPROVED AS TO FORM AND LEGALITY:
By:
Vicki Ganske
Senior Assistant City Attorney
OFFICIAL RECORD
CITY SECRETARY
Page 8 of 8
FT. WORTH,TX
Agreement between City of Fort Worth and United Way of Tarrant County
Program Year VII
Rev. 3.18.2015
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Official
CITY COUNCIL AGENDA FoR�rl
COUNCIL ACTION: Approved on 2/3/2015
DATE: 2/3/2015 REFERENCE C-27176 LOG NAME: 17UNITEDWAYPYVII
NO..
NOW PUBLIC
CODE: C TYPE: CONSENT HEARING: NO
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's Ten
Year Plan to Make Homelessness Rare, Short-Term and Nonrecurring (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager or his designee to execute an Agreement with the United Way of
Tarrant County in the amount of$2,159,020.00 for a term commencing upon execution and
terminating on May 31, 2016 for the implementation of initiatives described in Directions Home, the
City's ten year plan to make homelessness rare, short-term and nonrecurring;
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 policies and applicable laws and regulations.
DISCUSSION:
On June 17, 2008, the City Council adopted Directions Home, the City's 10 year plan to make
homelessness rare, short-term and nonrecurring (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 Directions Home at no cost to the City. The United Way, in close consultation with
Staff, oversees an annual grant-making process for community organizations to operate initiatives
that accomplish the strategies contained in Directions Home.
On August 26, 2014, the City Council requested that the City Manager implement the budget
recommendations included in the final report of the Homelessness Task Force including an increase
in the Fiscal Year(FY) 2015 General Fund for homelessness-specific services and programs to
target efforts that directly increase the number of people moving out of shelters and off the streets
into permanent housing (Resolution No. 4349-08-2014). On September 16, 2014, the City Council
allocated the amount of$2,371,985.00 to the Housing and Economic Development Department to
implement the initiatives described in Directions Home, including the amount of$2,159,020.00 to be
administered by the United Way and the amount of$212,965.00 for personnel, supplies, training and
other costs related to the two authorized positions dedicated to the program. The FY 2015 General
Fund Budget also included an additional amount of$496,000.00 in the Non-Departmental budget for
the expansion of the Directions Home program. These funds will be allocated after the Permanent
Supportive Housing Task Force issues its final report to the City Council.
The Fort Worth Advisory Commission on Ending Homelessness received public comment and has
advised Staff on funding priorities for the coming year. Staff recommends that the City Council
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approve a new Agreement with United Way for the administration of funds allocated by the City
Council in FY 2015 for Program Year VII of Directions Home. The Agreement will cover initiatives
such as:
Rental Assistance to offset a portion of the Fair Market Rent (FMR) on a modest apartment so
that a vulnerable household can move 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 Support 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 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 Coordination to implement multiple Directions Home action items by the
Tarrant County Homeless Coalition and operate the community-wide Homeless Management
Information System (HMIS);
Independent Evaluation to promote program improvement and accountability for consumers,
funders and the public;
The Shortest Way Home Community Engagement Plan to encourage public participation in
local efforts to end homelessness through volunteerism, donations and support; and
Project Homeless Connect a one-day, one-stop services and hospitality fair to be held in April
2015.
Staff recommends the execution of an Agreement with United Way of Tarrant County in the amount
of$2,159,020.00 for the implementation of initiatives described in Directions Home.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations funds are available in the current operating budget, as appropriated, of the General
Fund. The Fiscal Year 2015 budget included appropriations of$2,159,020.00 in the General Fund for
this purpose. To date, the appropriations have not been expended. Upon approval of this
recommendation, the Financial Management Services Director certifies that funds are available within
the existing appropriations for this expenditure.
TO Fund/Account/Centers FROM Fund/Account/Centers
1) GG01 539120 0178000 $2,159,020.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Jay Chapa (5804)
Additional Information Contact: Otis Thornton (7552)
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ATTACHMENTS
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