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AGREEMENT WITH TARRANT COUNTY HOMELESS COALITION
This agreement ("Agreement") concerning certain programs serving the homeless is
ib e Z 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 Assistant City Manager,
Fernando Costa, and the Tarrant County Homeless Coalition ("TCHC"), a Texas non-profit
corporation, acting by and through its duly authorized Executive Director and President, M. Otis
Thornton. City and TCHC may be referred to herein individually as a "Party" and collectively as
the "Parties".
RECITALS
City and TCHC agree that the following statements are true and correct and constitute the
basis on which they have entered into their Agreement.
WHEREAS, the Homelessness Division of the Neighborhood Services Department
provides management and oversight of the City's Directions Home-related programs, including
the administration of approximately $3,500,000.00 of City, State, and private funds serving over
500 households annually;
WHEREAS, appropriations in the City's General Fund cover two, full-time authorized
positions to carry out the work of the Homelessness Division;
WHEREAS, transitions for both employees in the Division present a significant challenge
with existing resources for other staff to provide sufficient oversight of homelessness programs
and high-quality customer service over the next few months;
WHEREAS, TCHC hired the City's Homelessness Program Director, M. Otis Thornton, to
serve as its Executive Director as of May 11, 2015; and
WHEREAS, Marguerite Jones, the City's Homelessness Coordinator, has scheduled
medical leave from June 10 to September 1, 2015.
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 TCHC with $12,500.00 per month for up to four (4) months to provide oversight
of the City's homelessness programs and necessary customer service.
2. TERM.
This Agreement shall commence on June 1, 2015 and will expire on September 30, 2015
unless terminated earlier in accordance with this Agreement. In addition to termination for default
Agreement between City of Fort Worth and Tarrant County Homeless Coalition
for Interim Program Administration OFFICIAL RECORD
Page 1 of 6
CITY SECRETARY
FT. WORTH,TX
pursuant to Section 5, either Party may terminate this Agreement without cause upon sixty (60)
days written notice to the other Party, and neither Party shall have 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. TCHC shall provide:
a. Administration and monthly monitoring of Directions Home-related
programming and City- and State-funded Program Year VII initiatives, other than
Continuum of Care ("CoC") Coordination and administration of the Direct Client
Services Fund, for which TCHC is the current contractor. City shall continue to
administer and monitor initiatives for which TCHC is the current contractor.
b. Customer service, information, and referral for resident requests for
services;
C. Participation in the City's Encampment Response and Cleanup Team;
d. Interagency coordination for City services to the homeless such as
Municipal Court's Homelessness Court Program, Fort Worth Police Department's
Homeless Liaison Officer, Code Compliance's Food Handler Certification, services
for pet owners who are homeless, and Parks and Community Services Community
Action Partners; and
e. Technical assistance as needed on homelessness policy, programs, and
best practices, including permanent supportive housing development and
operations.
3.2. City shall provide:
a. Training to TCHC staff as necessary prior to June 1, 2015;
b. The City funds as outlined below.
4. CONSIDERATION.
4.1. City will pay $12,500.00 a month for a total amount not to exceed $50,000.00 to
TCHC for performance of the duties outlined in Section 3.
4.2 City funds shall be paid monthly within seven (7) business days of the end of the
prior month. For example, payment for the month of June 2015 shall be paid by July 9, 2015.
Agreement between City of Fort Worth and Tarrant County Homeless Coalition
for Interim Program Administration
Page 2 of 6
5. DEFAULT.
If either TCHC 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. 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 insist upon appropriate performance or to assert
any, such right on any future occasion.
6.2. 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.
6.3. 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 or
in 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.
6.4. 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.
6.5. 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 TCHC 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.
6.6. 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.
Agreement between City of Fort Worth and Tarrant County Homeless Coalition
for Interim Program Administration
Page 3 of 6
6.7. Independent Contractor. TCHC shall operate hereunder as an independent
contractor and not as an officer, agent, servant, or employee of the City. TCHC shall have
the exclusive control of, and the exclusive right to control the work designated and
performed by TCHC 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 TCHC shall be responsible under the Doctrine
of Respondeat Superior for the acts and omissions of its officers, members, agents,
employees, or officers of the other. No partnership or joint venture is intended or formed
between City and TCHC.
6.8. Immunity and Third Parties. It is expressly agreed that, in the execution and
performance of the Agreement, neither City nor TCHC 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 TCHC while in the performance of this Agreement. This Agreement
may not be construed to expand the liability of City or TCHC beyond the scope of
Chapter 101 of the Texas Civil Practice and Remedies Code unless specifically stated
herein.
6.9. 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.
6.10. Nondiscrimination.
a. Neither City nor TCHC nor any of their respective officers, members,
agents, servants, employees, 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 TCHC 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 TCHC permit its officers, agents, servants, employees,
contractors, or participants to engage in such discrimination.
6.11. Notice of Claims. TCHC 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. TCHC and City agree to make their respective officers,
agents, servants, and employees available at all reasonable times for any statements
Agreement between City of Fort Worth and Tarrant County Homeless Coalition
for Interim Program Administration
Page 4 of 6
and case preparation for the defense of any claims or litigation for which the other Party
may be responsible hereunder.
6.12. Headings. Headings and titles used in the Agreement are for reference
purposes only and shall not be deemed a part of this Agreement.
6.13. Effect on Third Parties. Nothing herein shall be deemed to constitute a waiver
of any immunity or affirmative defense which may be asserted by TCHC 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.
6.14. 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.
6.15. Right of City to Audit. City reserves the right to perform an audit of TCHC'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. TCHC
agrees to allow City reasonable access to all records pertaining to the duties and services
described herein.
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: Jesus "Jay" Chapa, Director
Economic Development Dept.
1000 Throckmorton Street
Fort Worth, Texas 76102
Tarrant County Homeless Coalition: M. Otis Thornton
Executive Director and President
P.O. Box 471638
Fort Worth, Texas 76147
[Signatures on following page]
Agreement between City of Fort Worth and Tarrant County Homeless Coalition
for Interim Program Administration
Page 5 of 6
EXECUTED as of the last date indicated below:
CITY OF FORT WORTH: TARRANT COUNTY HOMELESS COALITION:
0. C_��_ '�_ r 7�1� '
B y: -14/Z zz_ By:
Fernando Costa M. Otis Thornton
Assistant City Manager Executive Director and President
Date: Date: 2z' S
ATTEST: V OR T
�.�./ O°°°p,.,
By:
fMary J. Kayser `�a 0A
ity Secretary rEXAs
M&C: C-27315 Date: June 2, 2015
APPROVED AS TO FORM AND LEGALITY.-
By:
EGALITY:By: t
Vicki Ganske
Senior Assistant City Attorney
Agreement between City of Fort Worth and Tarrant County Homeless Coalition OFFICIAL RECORD
for Interim Program Administration
Page 6 of 6 CITY SECRETARY
FT.WORTH,TX
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FOR�f11
COUNCIL ACTION: Approved on 6/2/2015
DATE: 6/2/2015 REFERENCE NO.: **C-27315 LOG NAME: 17NS TCHCSTAFFING
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Contract with Tarrant County Homeless Coalition in the Amount of
$50,000.00 to Provide Oversight and Management of the City's Homelessness Program
from June 1 to September 30, 2015 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a contract with the Tarrant County
Homeless Coalition to provide oversight and management of the City's homelessness programming from
June 1 to September 30, 2015.
DISCUSSION:
The Homelessness Division of the Neighborhood Services Department provides management and
oversight of the City's Directions Home-related programs, including the administration of approximately
$3,500,000.00 of City, State and private funds serving over 500 households annually. Appropriations in the
City's General Fund cover two, full-time authorized positions to carry out the work of the Homelessness
Division. Transitions for both employees in the division present a significant challenge with existing
resources for other Staff to provide sufficient oversight of homelessness programs and high-quality
customer service over the next few months. The Tarrant County Homeless Coalition (TCHC) has hired the
City's Homelessness Program Director, Otis Thornton, to serve as its next Executive Director. Thornton
has been in his role with the City for nine years and his last day will be May 20, 2015. Additionally,
Marguerite"Maggie" Jones, the City's Homelessness Coordinator, has scheduled medical leave from June
10 to September 1, 2015.
Staff recommends that the City enter into a contract with the Tarrant County Homeless Coalition to provide
oversight and management of the City's homelessness programs from June 1 to September 30, 2015 to
provide continuity and avoid a staffing hardship in the department. Staff has negotiated a cost of
$12,500.00 per month with TCHC to provide the interim services. These costs will be covered by savings in
existing salary and operational savings during the same period as well as available funds in the United Way
contract.
Services to be provided by the Tarrant County Homeless Coalition will include:
o Administration and monthly monitoring of Directions Home-related programming and City and State-
funded Program Year VII initiatives;
. Customer service, information and referral for resident requests for services;
Participation in the City's Encampment Response and Cleanup Team;
. Interagency coordination for City services to the homeless such as Municipal Court's Homelessness
Court program, Fort Worth Police Department's Homelessness Liaison Officer, Code Compliance's
Food Handler certification, services for pet owners who are homeless and Parks and Community
Services Community Action Partners; and
. Technical assistance as needed on homelessness policy, programs and best practices, including
permanent supportive housing development and operations.
Services under the City's Directions Home-related are available in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
http://apps.cfwnet.org/council_packet/mc review.asp?ID=21160&councildate=6/2/2015 7/8/2015
M&C Review Page 2 of 2
The Fiscal Year 2015 budget included appropriations of$2,867,985.00 in the General Fund for
management and oversight of the City's Directions Home Program. To date, $1,425,649.00 of those
appropriations have 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 $50,000.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Cynthia Garcia (8187)
Jay Chapa (5804)
Additional Information Contact: Rhonda Hinz (2573)
Vicki Ganske (7765)
ATTACHMENTS
http://apps,cfwnet.org/council_packet/mc review.asp?ITS=21160&councildate=6/2/2015 7/8/2015