HomeMy WebLinkAboutContract 53791 A
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CITY SECRETARY
APR i� 2020 �:_?1'�?TR�,CT N0. 53��
CC NSECRETARYrN
AGREEMENT BETWEEN THE CITY OF FORT WORTH AND DAY RESOURCE
CENTER FOR THE HOMELESS D/B/A DRC SOLUTIONS FOR EMERGENCY
OVERFLOW SHELTER MANAGEMENT SERVICES
This AGREEMENT for overflow shelter management services ("Agreement") is made
and entered into by and between the CITY OF FORT WORTH, a Texas home rule municipality
("City"), and DAY RESOURCE CENTER FOR THE HOMELESS D/B/A DRC
SOLUTIONS, a Texas nonprofit corporation ("Agency"). City and Agency are referred to
individually as a"Party" and sometimes collectively referred to as the"Parties."
RECITALS:
1. WHEREAS,the United States of America, the State of Texas,Tarrant County,and the City
of Fort Worth have all declared a state of emergency due to the recent coronavirus
pandemic ("COVID-19");
2. WHEREAS, the Center for Disease Control has issued guidance to help prevent the spread
of COVID-19, including social distancing of at least six feet;
3. WHEREAS, due to social distancing requirements, emergency shelters do not have the
capacity to house people who are experiencing homelessness;
4. WHEREAS, City is committed to protecting the health, wellbeing, and life safety of City
residents who are homeless during times of emergency, such as the COVID-19 pandemic,
when community-based emergency shelters have reached full capacity;
5. WHEREAS,City has opened an emergency overflow shelter at the Fort Worth Convention
Center ("Shelter") to increase the number of shelter beds available to homeless residents
during this emergency; and
6. WHEREAS, Agency can provide shelter management services during the COVID-19
pandemic to City's Shelter.
NOW THEREFORE, the Parties for the mutual consideration included herein agree to enter into
the following Agreement.
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Agreement for Shelter Management Services;
2. Exhibit"A"—Scope of Services;
3. Exhibit"B"—Reporting Forms
4. Exhibit"C"—Payment
5. Exhibit"D" -FEMA Mandated Contract Clauses
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Agreement for Homeless Services—DAY RESOURCE CENTER FOR THE HOMELESS D/B/A DRC
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-RETARY
E C;II., WORLtftr TA,
Exhibits "A," "B," "C" and "D" which are attached hereto and incorporated herein, are made a
part of this Agreement for all purposes. In the event of any conflict between the terms and
conditions of Exhibits"A,""B,""C"and"D" and the terms and conditions set forth in the body
of this Agreement, the terms and conditions of this Agreement shall control.
1. SCOPE OF SERVICES.
1.1 Agency shall provide City with emergency overflow shelter management in order to
provide safe and sanitary overflow emergency shelter for the City's population of homeless
persons ("Services"). Agency shall adequately staff the shelter with Agency personnel to ensure
the smooth operation of the shelter and compliance with the terms of this Agreement,The services
are more particularly described in Exhibit"A" - Scope of Service.
1.2 Program Performance.
1.2.1 Agency agrees to maintain full documentation supporting the performance of the
work.
1.2.2 Agency agrees to provide a bi-weekly report in the form attached as Exhibit"B"
to document the performance of the Services.
2. TERM.
This Agreement shall begin on March 18, 2020 ("Effective Date") and shall expire
immediately at the time the shelter is closed by the City or immediately upon written notice by the
City, whichever is earlier. Execution of this Agreement after the Effective Date shall have no
bearing on the enforceability of the Agreement.
3. COMPENSATION.
3.1 City shall pay Vendor in accordance with the provisions of this Agreement. Vendor
shall not perform any additional services or bill for expenses incurred for City not specified by this
Agreement unless City requests and approves in writing the additional costs for such services.City
shall not be liable for any additional expenses of Vendor not specified by this Agreement unless
City first approves such expenses in writing.
3.2 City will pay Agency $2,800.00 per day (a day is defined as the period from 4pm
—7arn that services are provided for the purposes of this Agreement)that the shelter is operational,
and that Agency provides Services. This amount shall include all of Vendor's costs associated
with performing the Services, including staff costs, administrative costs, cell phone costs and
supply costs. The amount in this Section 3.2 shall be referred to herein as the"Payment".
3.3 The Agency will submit all invoices for Payment to the City by Tuesday of each
week for Services rendered for the immediately preceding week. City will pay Vendor within 30
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days of receiving a correct and accurate invoice for services. The invoice must specifically state
the personnel who were assigned to the shelter on each day and Agency shall not request any
payment pursuant to this Agreement for any personnel time or related cost that is being paid for
under any other agreement, contract, or similar arrangement. City shall pay Agency within thirty
days of receiving a correct and accurate invoice.
3.4 The parties agree that the Payment is solely for the sheltering of homeless
individuals pursuant to this Agreement and no portion of the Payment shall have been for any
sectarian or religious activity. The Agency retains its independence and may continue to cagy out
its mission, including the definition, development practice, and expression of its religious beliefs,
provided that it does not request reimbursement or payment for any explicitly religious activities
(including activities that involve overt religious content such as worship, religious instruction, or
proselytization), or in any other manner prohibited by law. If Agency engages in explicitly
religious activities (including activities that involve overt religious content such as worship,
religious instruction, or proselytization), the explicitly religious activities must be offered
separately, in time or location, from the programs or activities supported by City payment or
reimbursement and participation must be voluntary for evacuees.
4. TERMINATION.
Written Notice. City may terminate this Agreement at any time and for any reason by
providing Vendor with written notice of termination. The termination shall be immediate upon
notice or on a date certain, if the City includes a specific date of termination in its written notice.
Vendor may terminate this Agreement at any time and for any reason by providing City 60 days'
written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder,City will notify Vendor
of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except
as to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated as of
a future date certain,City shall pay Vendor for services actually rendered and completed up to the
effective date of termination and Vendor shall continue to provide City with services requested by
City and in accordance with this Agreement up to the effective date of termination.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Agency hereby represents and warrants to City that
Agency has made full disclosure in writing of any existing or potential conflicts of interest related
to Agency's services under this Agreement. In the event that any conflicts of interest arise after
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Agreement for Homeless Services—DAY RESOURCE CENTER FOR THE HOMELESS DB/A DRC
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the Effective Date of this Agreement, Agency hereby agrees to make full disclosure of such
conflict of interest to City immediately in writing.
5.2 Confidential Information. Agency, for itself and its officers,agents and employees,
agrees that it shall treat all information provided to it (i) by City ("City Information") as
confidential and shall not disclose any such information to a third party without City's prior written
approval,and(ii)shall abide by all of the standards of confidentiality of client information("Client
Information") in its performance of its duties and obligations under this Agreement including but
not limited to applicable standards, rules and regulations regarding confidentiality required by the
Health Insurance Portability and Accountability Act, the Texas Medical Practices,Act, HMIS and
Tarrant County Homeless Coalition. "Client Information" is defined for the purposes of this
Agreement as personal, demographic, or treatment data about the individuals being served by the
program.
5.3 Unauthorized Access. Agency shall store and maintain City Information and Client
Information in a secure manner and shall not allow unauthorized users to access, modify, delete or
othetivise corrupt City Information or Client Information in any way. Agency shall notify City
immediately if the security or integrity of any City Information or Client Information has been
compromised or is believed to have been compromised, in which event, Agency shall, in good
faith, use all commercially reasonable efforts to cooperate with City in identifying what
information has been accessed by unauthorized means and shall fully cooperate with City to
protect such City Information or Client Information from further unauthorized disclosure.
6. RIGHT TO AUDIT.
Agency agrees that City shall, until the expiration of 7 years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said 7 years, have access
to and the right to examine at reasonable times any directly pertinent books, documents, papers
and records, including, but not limited to, all electronic records, of Agency involving transactions
relating to this Agreement at no additional cost to City. Agency agrees that City shall have access
during normal working hours to all necessary Agency facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the provisions of this section.
City shall give Agency reasonable advance notice of intended audits.
This provision shall survive the expiration or termination of this Agreement.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Agency shall operate as an independent
contractor as to all rights and privileges and work performed under- this Agreement, and not as
agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Agency shall have the exclusive right to control the details of its
operations and activities and be solely responsible for the acts and omissions of its officers,agents,
servants, employees, consultants and sub vendors. Agency acknowledges that the doctrine of
respondeat superior shall not apply as between City, its officers, agents, servants and employees,
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and Agency, its officers, agents, employees, servants, vendors and sub vendors. Agency further
agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise
between City and Agency. It is further understood that City shall in no way be considered a Co-
employer or a Joint employer of Agency or any officers, agents,servants, employees or sub vendor
of Agency. Neither Agency,nor any officers,agents,servants,employees or sub vendor of Agency
shall be entitled to any employment benefits from City. Agency shall be responsible and liable for
any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents,
servants, employees or sub vendors.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY-AGENCY SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
AGENCY, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES IN CONNECITON
WITH SER VICES PRO VIDED PURSUANT TO THIS A GREEMENT.
8.2 GENERAL INDEMNIFICATION - AGENCY HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTS AND EMPLOYEES,FROM AND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS
TO AGENCY'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF AGENCY, ITS OFFICERS,
AGENTS, SERVANTS OR EMPLOYEES.
This section shall survive the expiration or termination of this Agreement.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assignment. Agency shall not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment,the assignee shall execute a written agreement with City and Agency under which
the assignee agrees to be bound by the duties and obligations of Agency under this Agreement.
Agency and Assignee shall be jointly liable for all obligations of Agency under this Agreement
prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, subcontractor shall execute a
written agreement with Agency referencing this Agreement under which subcontractor shall agree
to be bound by the duties and obligations of Agency under this Agreement as such duties and
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obligations may apply. Agency shall provide City with a fully executed copy of any such
subcontract.
10. INSURANCE.
Agency shall provide City with certificate(s) of insurance documenting policies of the
following types and minimum coverage limits that are to be in effect prior to commencement of
any work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Agency, its employees, agents,
representatives in the course of providing services under this Agreement.
"Any vehicle" shall be any vehicle owned, hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any
other state workers' compensation laws where the work is being performed
Employers' liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions):
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement
to the Commercial General Liability (CGL) policy, or a separate policy
specific to Professional E&O. Either is acceptable if coverage meets all
other requirements. Coverage shall be claims-made, and maintained for the
duration of the contractual agreement and for 2 years following completion
of services provided. An annual certificate of insurance shall be submitted
to City to evidence coverage.
10.2 General Requirements
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(a) The commercial general liability and automobile liability policies shall
name City as an additional insured thereon, as its interests may appear. The
term City shall include its employees, officers, officials, agents, and
volunteers in respect to the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of 30 days' notice of cancellation or reduction in limits of
coverage shall be provided to City. Ten days' notice shall be acceptable in
the event of non-payment of premium. Notice shall be sent to City as
provided in the Notice section of this Agreement.
(d) The insurers for all policies must be licensed and/or approved to do business
in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent
financial strength and solvency to the satisfaction of Risk Management. If
the rating is below that required, written approval of Risk Management is
required.
(e) Any failure on the part of City to request required insurance documentation
shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Agency has obtained all required
insurance shall be delivered to the City prior to Agency proceeding with
any work pursuant to this Agreement.
11. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS.
Agency agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work it
produces in connection with this Agreement will also comply with all applicable federal, state and
local laws, ordinances,rules and regulations. If City notifies Agency of any violation of such laws,
ordinances, rules or regulations, Agency shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Agency, for itself, its personal representatives, assigns, sub vendors and successors in
interest, as part of the consideration herein, agrees that in the performance of Agency's duties and
obligations hereunder, it shall not discriminate in the treatment or employment of any individual
or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN
ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY AGENCY,
ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUB VENDORS OR SUCCESSORS
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IN INTEREST, AGENCY AGREES TO ASSUME SUCH LIABILITY AND TO
INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH
CLAIM.
This section shall survive the expiration or termination of this Agreement.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand-delivered to the other Party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of
the transmission, or(3)received by the other Party by United States Mail,registered,return receipt
requested, addressed as follows:
To City: To Agency:
City of Fort Worth DRC-Solutions
City Manager's Office Attn: Bruce Frankel, Executive Director
Attn: Tara Perez,Directions Home Manager 1212 E. Lancaster Ave.
200 Texas Street Fort Worth TX 76102
Fort Worth, TX 76102-6314 Facsimile: (817) 810-9797
Facsimile: (817) 392- 2235
With copy to City Attorney's Office at same
address
14. SOLICITATION OF EMPLOYEES.
Neither City nor Agency shall, during the term of this Agreement and additionally for a
period of 1 year after its termination, solicit for employment or employ, whether as employee or
independent contractor, any person who is or has been employed by the other during the term of
this Agreement, without the prior written consent of the person's employer. Notwithstanding the
foregoing,this provision shall not apply to an employee of either Party who responds to a general
solicitation of advertisement of employment by either Party.
15. GOVERNMENTAL POWERS AND WAIVER OF CHARITABLE IMMUNITY.
It is understood and agreed that by execution of this Agreement, City does not waive or
surrender any of its governmental powers or immunities. By execution of this Agreement, Agency
hereby waives and relinquishes any right to assert, claim, or plead any defenses or immunities it
may have as a charitable organization for all claims, suits, or demands as between the Parties
related to or in connection with services provided under this Agreement. This does not prevent
Agency from asserting any immunities or defenses against third-parties,except that nothing in this
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provision shall be construed to diminish Agency's duty to indemnify or defend the City as required
in the Agreement.
16. NO WAIVER.
The failure of City or Agency to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Agency's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If
any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement,
venue for such action shall lie in state courts located in Tarrant County,Texas or the United States
District Court for the Northern District of Texas, Fort Worth Division.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
19. FORCE MAJEURE.
City and Agency shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including,
but not limited to, compliance with any government law, ordinance or regulation, acts of God,
acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor
restrictions by any governmental authority, transportation problems and/or any other similar
causes. The Parties acknowledge that this Agreement is being entered into during a state of
emergency following the COVID-19 pandemic outbreak. The Parties agree that this provision
shall not apply to the COVID-19 pandemic outbreak unless a subsequent binding order is issued
by an entity with direct jurisdiction over Agency or City that prohibits the continuation of the
services.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be
deemed a part of this Agreement, and are not intended to define or limit the scope of any provision
of this Agreement.
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21. REVIEW OF COUNSEL.
The Parties acknowledge that each Party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Agreement
or Exhibits "A", "B," "C" and "D".
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No amendment,modification, or extension of this Agreement shall be binding upon a Party
hereto unless set forth in a written instrument, which is executed by an authorized representative
of each Party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits "A," "B," "C" and "D" contains the entire
understanding and agreement between City and Agency, their assigns and successors in interest,
as to the matters contained herein. Any prior or contemporaneous oral or written agreement is
hereby declared null and void to the extent in conflict with any provision of this Agreement.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall,
for all purposes, be deemed an original, but all such counterparts shall together constitute one and
the same instrument.
25. WARRANTY OF SERVICES.
Agency warrants that its services will be of a professional quality and conform to generally
prevailing industry standards. Agency shall encourage everyone in the shelter to practice all
suggestions and guidance provided by the Center for Disease Control, including frequent
handwashing, social distancing, and covering sneezes and cough. Agency shall also ensure that all
safety precautions are taken to ensure that those who show signs of being ill are isolated to prevent
the spread of Covid-19 or other illnesses. City must give written notice of any breach of this
warranty within 30 days from the date that the services are completed. In such event, at City's
option, Agency shall either (a) use commercially reasonable efforts to correct any issues and
perform the services in a manner that conforms to the warranty, or(b) refund the fees paid by City
to Agency for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
Agency shall verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification Form
(I-9). Upon request by City,Agency shall provide City with copies of all I-9 forms and supporting
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eligibility documentation for each employee who performs work under this Agreement. Agency
shall adhere to all Federal and State laws as well as establish appropriate procedures and controls
so that no services will be performed by any Agency employee who is not legally eligible to
perform such services. AGENCY SHALL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO
VIOLATIONS OF THIS PARAGRAPH BY AGENCY, AGENCY'S EMPLOYEES,
SUBCONTRACTORS,AGENTS, OR LICENSEES.City,upon written notice to Vendor,shall
have the right to immediately terminate this Agreement for violations of this provision by Vendor.
27. CHANGE IN COMPANY NAME OR OWNERSHIP
Agency shall notify City's Assistant City Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated city records. The chief
executive officer of Agency or authorized official must sign the letter. A letter indicating changes
in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of
director's resolution approving the action,or an executed merger or acquisition agreement. Failure
to provide the specified documentation so may adversely impact future invoice payments.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to
execute this Agreement on behalf of the respective Party, and that such binding authority has been
granted by proper order, resolution,ordinance or other authorization of the entity. This Agreement
and any amendment hereto, may be executed by any authorized representative of Agency. Each
Party is fully entitled to rely on these warranties and representations in entering into this
Agreement or any amendment hereto.
29. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT
ISRAEL
If Agency has fewer than '10 employees or this Agreement is for less than$100,000,this section
does not apply. Agency acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, the City is prohibited from entering into a contract with a company for goods
or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms
"boycott Israel" and "company" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this contract, Agency certifies that Agency's
signature provides written verification to the City that Agency: (1) does not boycott Israel; and(2)
will not boycott Israel during the term of the contract.
30. CONFIDENTIAL INFORMATION
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Agency acknowledges that the City is a governmental entity and is subject to the Texas
Public Information Act ("Act"). By executing this agreement, Agency acknowledges that this
agreement will be publicly available on the City's website, and Agency is therefore waiving any
claim of confidentiality, whether based in statute or the common law, to any and all materials
contained as part of this agreement including all documents and information referenced herein or
attached hereto.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in multiple
originals on the date written below their respective signatures to be effective on the Effective Date.
CITY OF FORT WORTH:
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
B 7 responsible for the monitoring and administration of
y; G�YX this contract,including ensuring all performance and
Name: ernando Costa reporting requirements.
Title: Assistant City Manager
Date: By,
Name: Tara Per
APPROVAL RECOMMENDED: Title: Directions Home Manager
�tffAPPROVED AS TO FORM AND LEGALITY:
By:
Name: Tara Perez
Title: Directions Horne Manager By: C� X'z'f'jq2&
ame: Jo Ann Pate
ATTEST: Title: Assistant City Attorney
`CONTRACT AUTHORIZATION:
/2 : `l�IcC:
By:
Name: MA K yse '_ems- t y
Title: City ecretary y �'
t.
Agency:
ATTEST:
By: By:
ame: _S"46 �{,Ip � Name: _
Title: Title:
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j Agreement for Homeless Services—DAY RESOURCE CENTER FOR THE HOMELESS D/B/A DRC
SOLUTIONS—EMERGENCY OVERFLOW SHELTER MANAGEMENT
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in multiple
originals on the date written below their respective signatures to be effective on the Effective Date.
CITY OF FORT WORTH:
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
By: this contract, including ensuring all performance and
Natne: Fernando Costa reporting requirements.
Title: Assistant City Manager
Date: By: /CL2CL �0�2�
Name: Tara Per
APPROVAL RECOMMENDED: Title: Directions Home Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Tara Perez
Title: Directions Home Manager By: C� �2t
acne: Jo Ann Pate
ATTEST: Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C:
By: 1295:
Name: Mary J. Kayser
Title: City Secretary
Agency: 6V C/4 _:� _r
,_ ATTEST:
11W1
410—
By: By:
ame: Name:
Title: Title:
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Agreement for Homeless Services—DAY RESOURCE CENTER FOR THE HOMELESS D/B/A DRC
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CITY OF FORT WORTH Page 14 of 24
Agreement for Homeless Services DAY RESOURCE CENTER FOR THE HOMELESS DB/A DRC
SOLUTIONS—EMERGENCY OVERFLOW SHELTER MANAGEMENT
EXHIBIT "A"
SCOPE OF SERVICES
OVERFLOW SHELTER MANAGEMENT
DAY RESOURCE CENTER FOR THE HOMELESS D/B/A DRC SOLUTIONS will do the
following:
Appropriately staff an emergency overflow shelter at Fort Worth Convention Center, 1201
Houston Street, Fort Worth TX 76102 on an as needed basis beginning March 18, 2020:
A. Eligibility
Only persons experiencing homelessness are eligible for overflow shelter services;
B. Conditions for Opening and Operating Overflow Shelter
Overflow shelter management will be offered on an as needed basis at Fort Worth Convention
Center.
The Joint Emergency Operations Center will determine when overflow shelter is needed.
C. The City of Fort Worth will:
• Provide adequate space plus use of restrooms at Fort Worth Convention
Center from 4pm to lam each day the shelter is operational
• Provide cots and blankets for overflow shelter guests
• Provide security for shelter
• Provide meals for guests
• Provide laundry services for shelter necessities
• Provide cleaning services
D. DRC-Solutions will:
• Be onsite at Fort Worth Convention Center by 3pm each day that the shelter
is open.
• Record guest information into HMIS
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• Assign cots, distribute blankets, review rules as necessary, orient guests to
facility, pass out meals and other related management services
• Oversee guests from 4pm to lam
• On a daily basis, unless specifically told otherwise by City:
o Deliver breakfast and dinner, which will be provided by City to the
outside doorsteps of recreational vehicles on the site of the Fort
Worth Convention Center
o Pickup used laundry by 6:30am from the outside doorsteps of
recreational vehicles on the site of the Fort Worth Convention
Center
o Deliver clean laundry by 6pm to the outside doorsteps of
recreational vehicles on the site of the Fort Worth Convention
Center
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EXHIBIT"B"
If the new Tarrant County Homeless Coalition software system is able to pull data included in
monthly reports included herein and Directions Home staff confirms and agrees in writing, those
reports can be substituted for reports included herein.
DATE OF NUMBER OF
OVERFLOW GUESTS
SHELTER
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EXHIBIT "C"
The flat rate of$2,800.00 per day will cover all of Vendor's costs associated with the services
provided hereunder, including:
Personnel expenses
Administrative expenses
Supplies
Cell phones
Vendor shall submit invoices by Tuesday of each week to the City for payment for all services
rendered in the immediately preceding week is defined for purposes of this Agreement as
running Monday to Sunday.
Vender will keep backup documents for seven years of all expenses including:
Paystubs
Time Sheets
Receipts
If requested by City of Fort Worth, Vendor will provide all backup documentation to support all
expenses invoiced.
Supportive Services Agreement—Exhibits Page 18 of 24
EXHIBIT "D"
FEMA MANDATED CONTRACT CLAUSES
For purposes of the following clauses, the City of Fort Worth is referred to as "City" and
"Contractor" shall refer to the other party to this Agreement. If applicable to the work or services
being performed by Contractor under the Agreement, the following provisions are adopted and
form a part of the Agreement,
A. DAMAGES,2 CFR§200.326 Appendix II to Part 200 (A)
(1) All work to be performed under this Agreement shall be timely commenced. A
breach of this Agreement by Contractor would cause substantial delay in the completion of the
required services affecting the safety and welfare of the public,
(2) In the event of Contractor's breach of its performance obligations, City shall have all
rights and rernedies against Contractor as provided by law.
B. TERMINATION RIGHTS, 2 CFR§200.326 Appendix II to Part 200 (B)
In addition to any termination rights included in the Agreement, City shall have the following
termination rights:
Termination for Convenience: Whenever the interests of the City so require, City may terminate
the patties' Agreement, in whole or in part, for the convenience of the City. City shall give
Contractor thirty (30) days prior written notice of termination specifying the portions of the
Agreement to be terminated and when such termination wilt become effective. If only portions of
the parties' agreement are terminated, Contractor has the right to withdraw from the parties'
Agreement, without adverse action or claims. In the event of a termination for convenience by
City, Contractor shall be entitled to payment for all work and services performed by it up to the
effective date of such termination.
Termination for Cause: The City may, by written notice of default to Contractor, terminate the
parties' Agreement, in whole or in part, if the Contractor fails to satisfactorily perform any
provisions of the parties' agreement after a period of ten (10) following Contractor's receipt of a
Notice of Deficiency provided by City.
C. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE(2 CFR§200.326 Appendix II
to Part 200 (C))
If applicable to the work and services performed by Contractor under the Agreement, during the
performance of the Agreement, Contractor shall comply with the Equal Employment Opportunity
Clause(41 CFR 60-1.4(b)):
(1) Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. Contractor will take affirmative action to
Supportive Services Agreement—Exhibits Page 19 of 24
ensure that applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, or national origin. Such action shall include, but not be
limited to the following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive considerations for
employment without regard to race, color, religion, sex, or national origin.
(3) Contractor will send to each labor union or representative of workers with which it
has a collective bargaining agreement or other agreement or understanding, a notice to be provided
advising the said labor union or workers' representatives of the Contractor's commitments under
this section, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(4) Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) Contractor will furnish all infomration and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor for
purpose of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the Contractor's noncompliance with the nondiscrimination clauses
of this Agreement or with any of the said rules, regulations or orders, this Agreement may be
canceled, terminated, or suspended in whole or in part and the Contractor may be declared
ineligible for further City contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) contractor will include the portion of the sentence immediately preceding paragraph
(1) and the provisions of subparagraphs 1 through 7 in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204
of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or contractor. contractor will take such action with respect to any subcontract
or purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: provided, however, that in the event contractor becomes
involved in, or is threatened with, litigation with a subcontractor or contractor as a result of such
direction by the administering agency the contractor may request the United States to enter into
such litigation to protect the interest of the United States.
D. DAVIS-BACON ACT AND COPELAND "ANTI-KICKBACK" ACT (2 CFR
§200.326 Appendix II to Part 200 (D))
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If applicable to the work and services performed by Contractor under the parties' Agreement:
(1) Bacon-Davis Act: Applicable to construction or repair of public buildings or public
works. See FEMA Public Assistance Program and Policy Guide, Ch.2 (V)(G)(2), page 32 and Ch.
(FP 104-009-2/January 2016);
(2) Copeland "Anti-Kickback" Act: In contracts subject to the Davis-Bacon Act,
Contractor shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants
from the United States"). The Act provides that the contractor and subcontractor must be
prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he or she is otherwise
entitled. The City must report all suspected or reported violations to the appropriate Federal
agency,
(a) Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into
this Agreement.
(b) Contractor or subcontractor shall insert in any subcontract the clause above
and such other clauses as FEMA may by appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The
Contractor shall be responsible for the c compliance by any subcontractor or lower tier
subcontract with all of these contract clauses.
(c) A breach of the Agreement clause above may be grounds for termination
of the Agreement, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. §5.12.
E. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (2 CFR §200.326
Appendix II to Part 200 (E)) (40 U.S.C.3701-3708)
Contracts in excess of $100,000 that involve the employment of mechanics or laborers shall
comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29
CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Contractor and its subcontractors shall
compute the wages of every mechanic and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked
in excess of 40 hours in the work week.
Overtime requirements. No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
Supportive Services Agreement—Exhibits Page 21 of 24
compensation at a rate not less than one and one-halftimes the basic rate of pay for all hours worked
in excess of forty hours in such workweek.
(1) Violation: liability for unpaid wages: liquidated damages. In the event of any
violation of the clause set forth in this section the Contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall
be liable to the United States (in the case of work done under contract for the District of Columbia
or a territory,to such District or to such territory),for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer- or mechanic, including watchmen and
guards, employed in violation of the clause set forth in this section, in the sum of$10 for each
calendar day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause set forth
in this section.
(2) Withholding for unpaid wages and liquidated damages.The City shall upon its own
action or upon written request of an authorized representative of the Department of Labor withhold
or cause to be withheld, from any moneys payable on account of work performed by the Contractor
or subcontractor under any such contract or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(3) The Contractor and subcontractor shall insert in any subcontract the clauses set
forth in paragraphs (1) through(4) of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier-subcontracts.
F. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT, 2
CFR§200.326 Appendix II to Part 200 (F)
If applicable to the work and services performed by Contractor under the parties' Agreement and
if the Federal award meets the definition of"funding agreement"under 37 CFR§401.2 (a)and the
City wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of patties,assignment or performance of experimental, developmental, or research
work under that"funding agreement,"the City must comply with the requirements of 37 CFR Part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business."
G. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (2
CFR§200.326 Appendix II to Part 200 (G))
Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency(EPA).
Contractor shall include the foregoing requirements in each subcontract exceeding$100,000.
Supportive Services Agreement—Exhibits Page 22 of 24
H. DEBARMENT AND SUSPENSION (2 CFR§200.326 Appendix II to Part 200 (I))
(1) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2
C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R.pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower tier
covered transaction it enters into,
(3) This certification is a material representation of fact relied upon by City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to City, the Federal Government may pursue
available remedies, including but not limited to suspension and/or debarment.
(4) The Contractor agrees to comply with the requirements of 2 C.F.R.pt. 180,subpart
C and 2 C.F.R. pt. 3000, subpart C throughout the period of performance. The Contractor further
agrees to include a provision requiring such compliance in its lower tier covered transactions.
I. BYRD ANTI-LOBBYING AMENDMENT(2 CFR§200.326 Appendix II to Part 200
W)
Contractor must file with the City the required certification. Each tier certifies to the tier above
that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress,officer or employee of Congress,or an employee of a member of Congress in connection
with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each
tier must also disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier-to-tier up to the non-
Federal award. If not provided with a bid response, Contractor must complete and submit the
Certification Regarding Lobbying Form.
J. PROCUREMENT OF RECOVERED MATERIALS (2 CFR §200.326 Appendix II
to Part 200 (K) and 2 CFR§200.322)
(1) In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA-designated items unless the product cannot
be acquired.
(a) Competitively within a timeframe providing for compliance with the
contract performance schedule;
(b) Meeting contract performance requirements; or
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(c) At a reasonable price.
(2) Information about this requirement is available at EPA's Comprehensive
Procurement Guidelines web site, http:,,www.epa.gov:cpg,. The list of EPA-designate items is
available at http:%,www.epa.p-ov/qpg/products./htm.
K. ACCESS TO RECORDS
(1) Contractor agrees to provide City, the FEMA Administrator, the Comptroller
General of the United States, or any of their authorized representative's access to any books,
documents, papers, and records of the Contractor which are directly pertinent to this Agreement
for the purposes of making audits, examinations, excerpts, and transcriptions.
(2) Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) Contractor agrees to provide the FEMA Administrator or his authorized
representative's access to construction or other work sites pertaining to the work being completed
under the contract.
L. SEAL,LOGO AND FLAGS
Contractor shall not use the U.S. Department of Homeland Security's seal(s), logos, crests, or
reproductions of flags or likenesses of the U.S. Department of Homeland Security's agency
officials without specific FEMA preapproval.
M. NO OBLIGATION BY FEDERAL GOVERNMENT AND COMPLIANCE WITH
LAWS
The Federal Government is not a party to this Agreement and is not subject to any obligations or
liabilities to City, Contractor, or any other party pertaining to any matter resulting from the
contract. City may seek reimbursement for expenses under this Agreement from FEMA and
Contractor acknowledges that it must comply with all federal laws, regulations, executive orders,
FEMA policies, procedures, and directives.
N. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR
RELATED ACTS
Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims
and Statements) applies to the Contractor's actions pertaining to this contra
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