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HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 9190429Homeward 2020 and City of Fort Collins Homelessness Initiatives Agreement THIS Homelessness Initiatives Agreement is made and entered into this 1st day of November, 2017 ("Effective Date"), by and between HOMEWARD 2020, INC. ("Homeward 2020"), a Colorado nonprofit corporation, and the CITY OF FORT COLLINS, COLORADO ("City"). RECITALS A. Homeward 2020 is a Colorado nonprofit corporation created to facilitate Fort Collins’ 10 Year Plan to Make Homelessness Rare, Short-lived, and Non-recurring. Homeward 2020 and the 10 Year Plan address homelessness in a strategic and holistic manner across many sectors, including public, private and non-profit organizations, and with broad community engagement in solutions. B. Homeward 2020 was created in 2007 as a Fort Collins community-based initiative and developed to serve the community in distinct roles - as a convener, catalyst and advocate of data-driven decision-making and evidence-based strategies to address homelessness in Fort Collins. C. Homeward 2020 believes the ability to make homelessness rare, short-lived and non-recurring is critically tied to accurate, actionable data. Homeward 2020 obtains and shares accurate, actionable data with service providers, stakeholders and the community-at-large. D. Homeward 2020 developed its 10 Year Plan for the Fort Collins community as a working tool, and convenes a Community Collaborative to steward the 10 Year Plan. Participants in the Homeward 2020 Collaborative include individual community members, faith organizations, businesses, non- profit organizations, Executive Directors of Service Agencies, City employees, and representatives of resource entities committed to advancing the vision of the 10 Year Plan. E. Homeward 2020 advocates for a Housing First approach toward homelessness response, in which individuals are provided housing-focused assistance as the priority in coordinated services, and also provided with individualized support services focused on housing retention and self- sufficiency. F. The City has provided financial support on an annual basis since Homeward 2020 was formed in 2007. For economic and humanitarian reasons, the City finds there is a public benefit in addressing homelessness in a collaborative manner and the City funding for Homeward 2020 and activities described herein serves a valid public purpose. G. The City has indicated its desire to have the Homeward 2020 Community Collaborative provide recommendations and leadership for implementing the 10 Year Plan, which will guide system transformation, accountability and sustainability. The Homeward 2020 Collaborative updates the 10 Year Plan as a strategic framework around which agencies and organizations, including the City, can align resources and investments in a holistic and coordinated manner. H. The parties desire to set forth their understanding concerning the services to be provided by both Homeward 2020 and the City regarding the 10 Year Plan. NOW, THEREFORE, because it is the desire of Homeward 2020 and the City to work cooperatively by each providing the leadership towards the shared goals set forth in the 10 Year Plan, to make homelessness in Fort Collins rare, short-lived and nonrecurring, the parties hereto agree as follows: 1. In 2018, the City will provide $44,000 to Homeward 2020, for general operating expenses necessary to provide the Services (defined below). Subject to appropriation of funds necessary and intended for such purposes and subject to such competitive or other selection processes as may be adopted, City staff anticipates seeking the same amount of funding for the same purposes in 2019. 2. In consideration of such funding, Homeward 2020 shall serve as a service provider to the City, providing the following services ("Services") related to Homeward 2020's roles in the community to realize the 10 Year Plan to Make Homelessness Rare, Short-Lived and Non- Recurring in Fort Collins as convener, catalyst, and advocate of data-driven decision-making and best practices: a. Homeward 2020 shall support data development through the Housing First Initiative and other sources to assess the current status of homelessness in the community and measure the effectiveness of current service strategies. Homeward 2020 will make the results of all such efforts available to the City. b. Homeward 2020 shall convene meetings, gatherings, and conversations in collaboration with the City to address topics related to homelessness and housing solutions and work towards gaining community consensus on identified strategies. c. To the extent requested by the Fort Collins City Council, the Homeward 2020 Community Collaborative and Director shall provide consultation and advice to the City Council and City staff on issues of homelessness, particularly those raised by the community. 3. The City Manager shall appoint two representatives, one being the Fort Collins Chief of Police and the other being the Chief Sustainability Officer to hold seats on the Homeward 2020 Community Collaborative, with one of those members also serving on its Executive Committee. Because the 10 Year Plan aligns with and furthers policies and plans adopted by the City, the City has been supportive of the 10 Year Plan by placing relevant City Administrators and Departments Heads on the Homeward 2020 Collaborative. 4. In support of Homeward 2020's work under this Agreement, the City agrees to make resources available to Homeward 2020, subject to the availability of staff resources and the appropriation, budgeting and availability of sufficient funds for such purposes. Homeward 2020 will consult with the City to determine what type and level of assistance the City can provide before commencing a project that requires City assistance. a. The City will provide staff support to assist with data development and reporting, and with communications strategies, with Homeward 2020 serving as the primary source of communications content. 5. City staff will discuss and consider ways to align City funding related to poverty and homelessness to the strategies outlined in the 10 Year Plan, to the extent such strategies also advance the City's policies and plans to address homelessness and provide services or functions that may otherwise be provided by the City. 6. Subject to appropriation of funds and subject to such competitive or other selection processes as may be adopted by the City from time to time, City staff will also consider options for providing ongoing financial support for the general operating expenses of Homeward 2020 necessary to provide continued services to benefit the City, or for additional projects related to the 10 Year Plan, in fiscal years after 2019. The parties acknowledge that such funding and processes are subject to approval and or appropriation of funds at the discretion of the City Council. The parties agree to work cooperatively to renew, amend or replace this Agreement, as appropriate, to cover any future funding and the services to be provided by Homeward 2020 in connection with such funding. 7. Modification: This Agreement may not be amended or modified except by written instrument signed by both authorized representatives of Homeward 2020 and the City. 8. Term and Termination, Appropriation: This Agreement shall commence on the Effective Date and shall terminate on December 31, 2019 or until terminated as provided herein. This Agreement may be terminated by either party by providing a written Notice of Termination at least 90 days in advance of such date of termination to the other party. To the extent this Agreement constitutes a multiple fiscal year debt or obligation of the City, it shall be subject to annual appropriation of funds sufficient and intended therefore by the Fort Collins City Council. The City shall have no obligation to continue this Agreement in any fiscal year in which no such appropriation is made. 9. Records and Accounting: Homeward 2020 shall maintain fiscal accounting records in accordance with Generally Accepted Accounting Principles for all funds provided by the City under the terms of this Agreement. If required by the City or Homeward 2020, the parties mutually agree to allow the each other to review and audit the City’s and Homeward 2020's records related to the services provided under this Agreement and/or funded by the City. 10. Default: If either party fails to comply with the terms of this Agreement, the other party may declare such party in default by sending a written notice of the default to the defaulting party. The defaulting party will be allowed ten (10) days to cure the default. If the default is not corrected the non-defaulting party may elect to terminate the agreement immediately or seek any other available remedy at law or in equity. 11. Independent Service provider: The parties agree that Homeward 2020 is an independent contractor and not an employee of the City. The City shall not be responsible for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. In entering into this Agreement, Homeward 2020 and its employees, agents or representatives acquire no status, rights or benefits of an employee of the City. All persons employed by Homeward 2020 shall remain at all times subject to the sole and exclusive control, supervision, and direction of Homeward 2020. Homeward 2020 shall have sole and exclusive control over the selection, hiring, discipline, firing, and assignment of such employees, and shall also have the sole and exclusive authority to determine the method, means, and manner of performance of such employees, and to establish their wages, hours and working conditions. 12. Insurance and Indemnification: While providing services to the City, Homeward 2020 will provide the following insurance coverages: (a) Workers' Compensation insurance with statutory limits as required by Colorado law, and Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, for all of Homeward 2020's employees (if any) engaged in work performed under this Agreement; (b) Officers and Directors Liability insurance in the amount of not less than $1,000,000. The parties acknowledge that Homeward 2020 currently has only one employee, who is insured through the Community Foundation for Northern Colorado. So long as that is the case, and such coverage meets the requirements of (a) above, Homeward 2020 will not be required to provide its own policy of Workers' Compensation and Employer's Liability insurance. Homeward 2020 will provide the City with certificates of insurance showing the type and amount of coverage, effective dates and dates of expiration of policies. The City and Homeward 2020 agree to mutually release, indemnify and hold harmless the each other, its officers, employees, and agents from and against all liability, claims and demands on account of any injury, loss or damage caused by the act, omission or other fault of the City and Homeward 2020, or any officer, employee, volunteer or agent of the City and Homeward 2020. 13. Conduct of Activities: a. No person with responsibilities in the provision of services or the operation of any program referred to in this Agreement will unlawfully discriminate with respect to any program participant or any applicant for participation on the basis of race, color, national origin, age, sex, religion, handicap, political affiliation or beliefs, b. No services provided under this Agreement shall involve political or religious activities and no funds made available under this Agreement shall be used for lobbying or proselytizing activities. c. No person with responsibilities in the provision of the services or the operation of any program referred to in this Agreement will use his or her position for his or her own private gain or for the gain of any person with whom (s)he has a relationship by blood or marriage or a close business, political or personal association. d. Homeward 2020 shall manage and conduct all activities under this Agreement in a fair, professional, and competent manner in compliance with all applicable federal, state and local laws and other legal requirements. 14. Prohibition Against Employing Illegal Aliens: Pursuant to Section 8-17.5-101, C.R.S., et. seq., Homeward 2020 represents and agrees that a. As of the date of this Agreement: 1. Homeward 2020 does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Homeward 2020 will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5- 102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Homeward 2020 shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Homeward 2020 is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Homeward 2020 obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Homeward 2020 shall: 1. Notify such subcontractor and the City within three days that Homeward 2020 has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Homeward 2020 shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Homeward 2020 shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Homeward 2020 violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Homeward 2020 shall be liable for actual and consequential damages to the City arising out of Homeward 2020's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Homeward 2020 violates this provision of this Agreement and the City terminates the Agreement for such breach. 15. Assignment: This Agreement is specific between the parties and neither party may assign its rights or delegate its duties under this Agreement without the prior written consent of the other party. 16. Entire Agreement; Binding Effect: This Agreement, along with any exhibits or other documents incorporated herein, constitutes the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. This Agreement shall not be binding upon and inure to the benefit of the parties and to their respective successors, and to the extent permitted assignees. 17. Notice: Written notices shall be directed as follows and shall be deemed received when hand- delivered, emailed with proof of receipt, or sent by overnight commercial courier, or three days after being sent by certified mail, return receipt requested: i. If to HOMEWARD 2020, to: Attention: Board Chair 4745 Wheaton Drive, Suite 100 Fort Collins CO 80525 Fax: (970) 493-6928 Email: bill.kneeland©kneelandlaw.com ii. If to the City, to: Attention: Darin Atteberry, City Manager and Jackie Kozak-Thiel, Chief Sustainability Officer 222 LaPorte Avenue Fort Collins CO 80521 Email: datteberry@fcgov.com and jkozak-thiel@fcgov.com Notice of a change of address of either party shall be given in the same manner as all notices as hereinabove provided. IN WITNESS, WHEREOF, the parties have executed this Agreement as of the day and year first above written. HOMEWARD 2020, INC. By: ___________________________ Name/Title: Christine P. Kneeland, Board Chair ATTEST: _______________________ Board Secretary CITY OF FORT COLLINS, COLORADO By: ________________________________ Darin Atteberry, City Manager ATTEST: _______________________________ City Clerk Print name: ______________________ APPROVED AS TO FORM: ________________________________ Assistant City Attorney Print name: _______________________