HomeMy WebLinkAboutContract 47108 CITY SECRETAW O
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CITy$Fo�rwj}RT�J AGREEMENT WITH TARRANT COUNTY HOMELESS COALITION
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 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;
WHEREAS, Marguerite Jones, the City's Homelessness Coordinator, has scheduled
medical leave from June 10 to September 1, 2015.
WHEREAS, City is in the process of hiring two (2) staff members for its Homelessness
Division including Directions Home, but these positions have not yet been filled, and City still
requires assistance in providing oversight and customer service for its homelessness programs
for another two (2) months; and
WHEREAS, City desires to contract with TCHC to provide oversight services and
customer service for its homelessness programs for up to two (2) months under the terms and
conditions in this Agreement.
NOW, THEREFORE, the Parties agree as follows:
OFFICIAL RECORD
Agreement between City of Fort Worth and Tarrant County Homeless Coalition CITY SECRETARY
for Interim Program Administration for October and November,2015 FT. WORTH, TX
Page 1 of 7
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 two (2) months to provide oversight of the
City's homelessness programs and necessary customer service.
2. TERM.
This Agreement shall commence on October 1, 2015 and will expire on November 30,
2015 unless terminated earlier in accordance with this Agreement. In addition to termination for
default pursuant to Section 5, either Party may terminate this Agreement without cause upon
thirty (30) days' written notice to the other Parry, and neither Parry shall have further
responsibility of liability hereunder except for services previously rendered and payment for the
same. City shall have the right to extend this Agreement through December 31, 2015 upon
thirty (30) days' written notice to TCHC upon the same terms and conditions as the original two
(2) month term.
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 Neighborhood Services
Community Action Partners;
e. Technical assistance as needed on homelessness policy, programs, and
best practices, including permanent supportive housing development and
operations; and
f. Up to ten (10) days of training for new City staff hired for the City's
homelessness programs.
Agreement between City of Fort Worth and Tarrant County Homeless Coalition
for Interim Program Administration for October and November,2015
Page 2 of 7
3.2. City shall provide:
a. Coordination with TCHC staff as necessary;
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 $25,000.00 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 October 2015 shall be paid by
November 10, 2015.
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.
Agreement between City of Fort Worth and Tarrant County Homeless Coalition
for Interim Program Administration for October and November,2015
Page 3 of 7
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.
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.
Agreement between City of Fort Worth and Tarrant County Homeless Coalition
for Interim Program Administration for October and November,2015
Page 4 of 7
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
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:
Agreement between City of Fort Worth and Tarrant County Homeless Coalition
for Interim Program Administration for October and November,2015
Page 5 of 7
City: Fernando Costa,
Assistant City Manager.
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 for October and November,2015
Page 6 of 7
EXECUTED to be effective as of October 1, 2015.
CITY OF FORT WORTH: TARRANT COUNTY HOMELESS COALITION:
By: By:
y
Fernando Costa M. Otis Thornton
Assistant City Manager Executive Director and President
Date: /0/-d4 Date: S I
ATTEST: ! �ORT n��
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By:
Mary J er a c -
Cit ec ary ° a000°°o°° a NO M&C REQUIRED
No M&C necessary. -XoA4
APPROVED AS TO FORM AND LEGALITY:
By: tom-. _
Vicki Ganske
Senior Assistant City Attorney
OFFICIAL RECORD
Agreement between City of Fort Worth and Tarrant County Homeless Coalition CITY SECRETARY
for Interim Program Administration for October and November,2015 FT. WORTH, TX
Page 7 of 7