HomeMy WebLinkAboutContract 54001 CSC No.54001
GREEMENT BETWEEN THE CITY OF FORT WORTH AND DAY RESOURCE
CENTER FOR THE HOMELESS DB/A DRC SOLUTIONS FOR RAPID EXIT
SERVICES
This AGREEMENT for rapid exit 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 DB/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 to increase the number of
shelter beds available to homeless residents during this emergency; and
6. WHEREAS, the City of Fort Worth received an award of $22,428.00 from Texas
Department of Housing and Community Affairs (TDHCA) to assist persons experiencing
homelessness and at-risk of homelessness economically impacted by the COVID-19
pandemic;
7. WHEREAS, Agency can provide rapid exit services during the COVID-19 pandemic to
City's Shelter to assist those experiencing homelessness quickly be re-housed.
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 Rapid Exit Services;
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Agreement for Homeless Services—DAY RESOURCE CENTER FOR THE HOMELESS D/B/A DRC
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2. Exhibit"A"—Scope of Services;
3. Exhibit"B"—Budget
4. Exhibit"C"—Payment
5. Exhibit"D"—Reporting Forms
6. Exhibit"E"—Grant Terms
Exhibits "A," "B," "C," "D," and "E" 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 ""D," and"E"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 rapid exit services in order to quickly re-house
homeless households with employment who need limited assistance. 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 monthly report in the form attached as Exhibit "D"
to document the performance of the Services.
2. TERM.
This Agreement shall begin on March 26,2020("Effective Date")and shall expire August
31, 2020. 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 Agency in accordance with the provisions of this Agreement and Exhibit
"B"-Budget. Total payment made by the City under this Agreement shall not exceed$22,428.00
("Program Funds"), and shall be paid to Agency on a reimbursement basis. Agency 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 Agency not specified by this Agreement unless
City first approves such expenses in writing.
3.2 Payment of the Program Funds from City to Agency shall be made on a cost-
reimbursement basis following receipt by City from Agency of a signed Reimbursement Request
Form ("RRF") as described in Exhibit"C" along with copies of all receipts and other supporting
documentation. The RRF and reports shall be submitted to City no later than the 15th day following
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the end of the month. Submittal of a monthly RRF and reports is required even if services are not
provided.
3.3 The monthly RRF should be sequentially numbered and include expernse
documentation that is detailed,clear and concise. The Submission shall include applicable montly
reports. Submission must be scanned and submitted to the Directions Home Program Manager.
Submissions should be titled"DRC Solutions—RRF Month- COVID HHSP Rapid Exit"and sent
either via email to Tara.Perez(rfortworthtexas.gov or via mail to ATTENTION: Tara Perez,
Directions Home Manager, City Manager's Office, 200 Texas Street, Fort Worth TX 7612.
Reimbursements will not be made until after receipt of an acceptable and approved RRF and
monthly report as required. Reimbursements shall be made within 30 days receipt of said
documents. Incomplete or incorrect submissions will be returned to the Agency for resubmission,
restarting the 30-day reimbursements schedule.
4. TERMINATION.
4.1 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
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
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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
otherwise 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,
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
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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
WITHSER VICES PROVIDED PURSUANT TO THISAGREEMENT.
8.2 GENERAL INDEMNIFICATION - AGENCY HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTSAND EMPLOYEES,FROMAND AGAINSTANYAND ALL CLAIMS
OR LAWSUITS OFANYMND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS
TO AGENCY'S BUSINESS AND ANYRESULTING 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
obligations may apply. Agency shall provide City with a fully executed copy of any such
subcontract.
10. INSURANCE.
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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
(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.
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(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
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.
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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
Phone: (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
provision shall be construed to diminish Agency's duty to indemnify or defend the City as required
in the Agreement.
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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.
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
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resolved against the drafting party shall not be employed in the interpretation of this Agreement
or Exhibits "A", "B," "C," "D," and "E."
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," "D," and "E." 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
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
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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
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
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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
Y�(41 responsible for the monitoring and administration of
Fernando Costa(Jun 10,202014:54 CDT) this contract,including ensuring all performance and
By. Name: Fernando Costa reporting requirements.
Title: Assistant City Manager
ara'j�,jes-ez
Date: J u n 10,2020 Tara Perez(Jun 10,202014:47 CDT)
By:
Name: Tara Perez
APPROVAL RECOMMENDED: Title: Directions Home Manager
iala perez APPROVED AS TO FORM AND LEGALITY:
Tara Perez(Jun 10,2020 14:47 CDT)
By:
Name: Tara Perez —
Jo Pate(J�02015:56 CDT)
Title: Directions Home Manager By:
Name: Jo Ann Pate
ATTEST: Le' Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
,` M&C:
By ;`` 1.295:
Name: Mary J. Kayser Ordinance No.24161-04-2020
Title: City Secretary
Agency:
RC Solutions ATTEST:
r%vtL2 �fCti1 i'��
Bruce Franke[(Jun 10,202014:45 CDT)
By: By:
Name: Name:
Executive Director Title:
Date: J u n 10,2020
---_- _-
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n
EXHIBIT "A"
SCOPE OF SERVICES
RAPID EXIT SERVICES
DAY RESOURCE CENTER FOR THE HOMELESS DB/A DRC SOLUTIONS will do the
following:
Provide case management services to 8 rapid exit households.All rapid exit households must
meet the eligibility criteria described in section A, below. Case management and assistance
to these households shall include the following:
A. In General
• Document the nature and extent of all services provided to homeless individuals in the City of
Fort Worth receiving case management services hereunder ("clients")in a complete case file,
with case notes in the HMIS system within 3 business days of a service being provided
hereunder.
• Eligible clients include households in the City of Fort Worth experiencing homelessness
who have been economically affected by COVID-19 are eligible for rapid exit services;
B. Services
• Agency shall provide housing unit search assistance as necessary;
• Agency shall provide assistance to clients in completing rental applications and signing
leases as necessary;
• Agency shall provide funding, as available and necessary, for clients to assist them move
to stable housing;
• Agency may use funds to assist clients, as specifically allowed in Exhibit B, with
apartment application fees, administration fees, security deposits, high risk fees,
opportunity fees and three months of rental assistance;
• Agency may provide additional rental assistance based on client needs.
Evaluation:
Evaluation meetings will be held with Directions Home staff to continually evaluate program
and Agency shall comply as necessary and in good faith.
Financial reporting:
Supportive Services Agreement—Exhibits Page 14 of 23
Reimbursement Request and any necessary supporting documentation and reports will be
submitted by the 15th of every month in format of Exhibit"C".
Programmatic reporting:
Monthly reports will be submitted by the 15th of every month in format of Exhibit"D".
Supportive Services Agreement—Exhibits Page 15 of 23
EXHIBIT "B"
BUDGET
Agency will submit invoice for reimbursement by the 1511 of the month following the month
services were urovided.
This report shall itemize each monthly expense requested for reimbursement by the Agency and
shall be included in Budget submitted. In order for this report to be complete the following must
be submitted:
For payroll expenses, timesheets signed and dated by employees and approved by
supervisor for all payroll expenses listed with the code of time being billed to
City/Directions Home. Paystub must include pay period, date paid, amount and
expenses (salary, FICA, benefits etc). If pay stubs are unavailable, payroll registries
with applicable expenses highlighted and labeled will suffice. Agency may not submit
payroll expenses dated 60 calendar days prior to the date of the Reimbursement Request
with the exception of the first Reimbursement Request which may include items from
the Effective Date of the Agreement to the end of the reporting month.
For non-payroll expenses, invoices for each expense listed. Agency may not submit
invoices dated 60 calendar days prior to the date of the Reimbursement Request with
the exception of the first Reimbursement Request which may include items from the
Effective Date of the Agreement to the end of the reporting month.
Proof that each expense was paid by the Agency, which proof can be satisfied by
cancelled checks.If a cancelled check is not possible,a bank statement with the expense
highlighted and labeled will suffice.
If allocations percentages are used, all documentation must be submitted with the first
month's invoice.
For the audit, bank statements showing payments, Form 941 s and allocation
documentation will be reviewed.
Reimbursement Requests shall be submitted to:
City Manager's Office
Directions Home
Attention Tara Perez
200 Texas Street
Fort Worth TX 76102
Supportive Services Agreement—Exhibits Page 16 of 23
PROGRAM COSTS Total
$22,428.00
A. PERSONNEL (By title
PERSONNEL TOTAL:
B. FRINGE BENEFITS
FRINGE BENEFITS TOTAL:
C. MILEAGE
MILEAGE TOTAL:
D. CELL PHONES/EQUIPMENT
CELL PHONES/EQUIPMENT TOTAL:
E. CLIENT EXPENSES
Rental assistance, other lease up costs $22,428.00
CLIENT EXPENSES TOTAL: $22,428.00
F. OTHER APPROVED
OTHER APPROVED TOTAL:
TOTAL PROGRAM COST: $22,428.00
*Client Expenses are defined as rental assistance,application fees,apartment administrative
fees, security deposits, high risk fees and opportunity fees. High risk fees and opportunity
fees are sometimes charged to clients without a rental history, clients with evictions, clients
with criminal background histories and/or clients without income.Rental arrears and utility
expenses are also eligible.
Supportive Services Agreement—Exhibits Page 17 of 23
EXHIBIT "C"
REIMBURSEMENT REOUEST FORM
Expenses Name of employee or Amount Date Check
client Invoiced No.
Expense: Personnel
Salary
Salary
Salary
Salary Total:
FICA(Medicare/Social Security)
FICA(Medicare/Social Security)
FICA(Medicare/Social Security)
Health Insurance
Health Insurance
Health Insurance
Dental Insurance
Dental Insurance
Dental Insurance
Life Insurance
Life Insurance
Life Insurance
Disability Insurance
Disability Insurance
Disability Insurance
Retirement
Retirement
Retirement
Unemployment Insurance
Unemployment Insurance
Unemployment Insurance
Workers Compensation
Workers Compensation
Workers Compensation
Total of all Benefits:
Mileage
Mileage
Mileage
Mileage Total:
Cell phone
Cell phone
Cell phone
Supportive Services Agreement—Exhibits Page 18 of 23
Cell Phone Total:
Type of Client
Ex enseNendor
Client Expense Total:
OperationsNendor:
Operations Total:
Other
Other Total:
Total Invoiced Amount
Attestation
Contractor:
Program:
Name of Person submitting
report:
Date Range Covered by this
report:
I have reviewed this report and
certify that it is a complete,
accurate, and up-to-date
reflection of the services
rendered under the terms of our
Agreement with the City of Fort
Worth.
Signature:
Total
Supportive Services Agreement—Exhibits Page 19 of 23
EXHIBIT "D"
Subrecipient or
Vendor Name: Reporting Month
Is this report adjusting
Contract Number: a prior month?
If"Yes",what is the
reason for the
Contract Term: adjustment request?
Total Components Unduplicated HHSP Entries
Total
Components 0 Persons 0
for Persons J Entering
Entering
Total
Components
Households
for
Households 0 Entering 0
Entering
Unduplicated Race Unduplicated Ethnicity Unduplicated Gender Unduplicated Age
American Non-
Indian/Alaska 0 Hispanic/Non- 0 Male+ 0 f Under 18
Native Latino
Asian F0 Hispanic/Latino 1 Female F 18-24 F
Black/African-meri Ethnicity� Female
F
0 0 Female 0 25-61 0
Trans
American Unknown
Native Trans Male
Hawaiian/Pacific �! (FTM)F 62 and Older 0
Islander
Gender-
White F Non- F Age Unknown
Conforming
Race Unknown - Gender 6
Unknown F
Total Race 0 Total 0 Total 0 Total Age 0
Ethnicity Gender
HHSP General Set-Aside Reporting
Unduplicated Special Components by Persons Components by Outcomes New Beds
Populations Households
Essential Homeles
Persons in at Essential _ Services- - s Shelter
least one � Services- F0 Homeless 0 Persons � Beds 0
special F Homeless Maintaine F Construct
population Persons Household d 3+ ed
Months
Homeles
Essential Essential s Shelter
Victims is � Services-� Househ s
Domestic 0 Services- 0 At Risk 0 ds 0 Beds 0
Violence At
Household Maintaine Rehabilieadt
s d 3+
Months
Supportive Services Agreement—Exhibits Page 20 of 23
At Risk
Unaccompan HA Persons Shelter
led Children � Persons HA Household �Maintaine F Beds F
(Under 18) s d 3+ Converted
Months
At Risk
Unaccompan HP HIP Househol TL Beds
led Youth 0 Assistance Assistance ds � Construct
(18-24) Persons Household 0 Maintaine ed
s� d 3+
Months
Parenting Persons Household TL Beds
Children and 0 Using 0 s Using 0 Rehabilitat 0
Youth(24 Day/Night Day/Night ed
and Under) Shelter Shelter
Case Case
Children of Manageme Manageme
Parentin 0 nt- 0 nt- 0 TL Beds 0
9
Youth(Under Homeless Homeless Converted
18) Persons Household
s
Case Case
Manageme Manageme
Veterans 0 nt-At Risk � nt-At Risk F
Persons Household
s
HHSP Monthly Expenditure
Report
Budget Draw Availab Total Non-
This
Ite Category ed n To le Monthly m Draw
m# g ry Amoun Date Balanc Expenditur Fund Amou
t e es Credit nt
1 Administration $ - $ - $ - $ - $ - $ -
2 Case Management Salary $ - $ - $ - $ - $ - $ -
Construction/Rehabilitation/Con
3 version $ - $ - $ - $ - $ - $ -
4 Essential Services $ - $ - $ - $ - $ - $ -
5 Homelessness Assistance $ - $ - $ - $ - $ - $ -
Supportive Services Agreement—Exhibits Page 21 of 23
6 Homelessness Prevention $ - $ - $ - $ - $ - $ -
7 Shelter Operations $ - $ - $ - $ - $ - $ -
TOTAL: $ - $ - $ - $ - $ - $ -
Supportive Services Agreement—Exhibits Page 22 of 23
EXHIBIT "E"
TDHCA Grant Terms
Supportive Services Agreement—Exhibits Page 23 of 23
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL REVENUE
FIRST AMENDMENT TO
CONTRACT NUMBER 63206010006
WITH
City of Fort Worth,
a political subdivision of the State of Texas
This First Amendment FY 2020 Homeless Housing and Services Program Contract Number
63206010006 ("First Amendment") by and between the Texas Department of Housing and Community
Affairs, a public and official agency of the State of Texas("Department"), and City of Fort Worth, a political
subdivision of the State of Texas ("Subrecipient"), hereinafter collectively referred to as "Parties", is
executed to be effective on the date provided herein.
RECITALS
WHEREAS, on November 18, 2019 and November 7, 2019, the Department and Subrecipient,
respectively, respectively,executed the FY 2020 Homeless Housing And Services Program Contract Number
63206010006 to be effective on September 1, 2019 ("Contract");
WHEREAS, on March 26, 2020,the Department's Governing Board approved a wavier that permits
the use of 2018 and 2019 Homeless Housing and Services Program ("HHSP") reallocated funding to assist
persons experiencing homelessness and at-risk of homelessness economically impacted by the Coronavirus
Disease 2019 ("COVID-19") pandemic;
WHEREAS,the Parties desire to add 2018 HHSP reallocated funding under Contract Number
63186010004 to the Contract amount under this Contract Number 63206010006;
WHEREAS, the Contract failed to require compliance with the information security and privacy
requirements under 10 TAC§1.24;
WHEREAS, the Parties desire to amend the "Performance Statement" attached as Exhibit A
to this Contract Number 63206010006 to add one (1) Performance Statement for fiscal year 2018 to
accommodate the additional 2018 HHSP reallocated funds under Contract Number 63186010004;
WHEREAS,the Parties desire to amend the "Budget" attached as Exhibit B to the Contract to
add one (1) Budget for fiscal year 2018 to accommodate the additional 2018 HHSP reallocated funds
under Contract Number 63206010006 under Contract Number 63186010004;
WHEREAS, in accordance with Section 11 of the Contract and 10 TAC§7.4(e),the Department has
authority to amend the Contract accordingly; and
WHEREAS,the Parties desire to amend the Contract in the manner provided herein below.
AGREEMENTS
NOW THEREFORE,for valuable consideration,the receipt and sufficiency of which are
hereby acknowledged,the Parties agree asfollows:
1. Subsection Din Section 4, DEPARTMENT FINANCIAL OBLIGATIONS, of the Contract, is hereby
amended to read as follows:
First Amendment to HHSP Contract Number 6320601uU06
"D. Notwithstanding any other provision of this Contract,the total payments and
obligations incurred by Department under this Contract(which includes the 2018
reallocated funds under Contract Number 63186010004) shall not exceed the sum of four
hundred eighty thousand,five hundred fifty-five dollars($480,555.00)."
2. Section 22, COMPLIANCE WITH LAWS, of the Contract is hereby amended to add new
Subsection I to read as follows:
"I. INFORMATION SECURITY AND PRIVACY REQUIREMENTS. Subrecipient shall comply
with the information security and privacy requirements under 10 TAC§1.24 to ensure the
security and privacy of Protected Information (as said term is defined under 10 TAC
§1.24). Prior to beginning any work under this Contract,Subrecipient shall either(i) have
an effective,fully executed Information Security and Privacy Agreement("ISPA"), as
required by 10 TAC§1.24, on file with the Department, or(ii) will execute and submit to
the Department an ISPA in accordance with instructions found on the Department's
website at the "Information Security and Privacy Agreement" link."
3. Subsection B of Section 31, ORAL AND WRITTEN AGREEMENS, of the Contract is hereby
amended to read as follows:
"B.The attachments enumerated and denominated below are a part of this Contract and
constitute promised performances under this Contract:
(1)Addendum A-Certification Regarding Lobbying for Contracts, Grants, Loans, and
Cooperative Agreements
(2)Addendum B-Certification Regarding Drug-Free Workplace Requirements
(3)Addendum C-Certification Regarding Debarment,Suspension and Other
Responsibility Matters
(4)Addendum D—PRWORA Requirements
(5) Exhibit A- Performance Statement
(6) Exhibit A-1- Performance Statement (2018)
(7) Exhibit B- Budget
(8) Exhibit B-1-Budget (2018)"
4. The "Performance Statement" attached as Exhibit A to the Contract is hereby amended to add a
"Performance Statement (2018)"for reallocated funds under Contract Number 63186010004 for
the 2018 fiscal year to be attached as Exhibit A-1 to the Contract, consisting of one page, attached
as Attachment#1 to this First Amendment .
5. The "Budget" attached as Exhibit B to the Contract is hereby amended by adding a "Budget
(2018)"for reallocated funds under Contract Number 63186010004 for the 2018 fiscal year to be
attached as Exhibit B-1 to the Contract, consisting of one page, attached as Attachment#2 to this
First Amendment.
6. All of the remaining terms of the Contract shall be and remain in full force and effect as therein
set forth and shall continue to govern except to the extent that said terms conflict with the terms
of this First Amendment. In the event this First Amendment and the terms of the Contract are in
conflict,this First Amendment shall govern, unless it would make the Contract void bylaw.
7. Each capitalized term not expressly defined herein shall have the meaning given to such term in the
Contract.
First Amendment to HHSP Contract Number 63206010006
8. This First Amendment may be executed in several counterparts, each of which shall be deemed to
be an original copy, and all of which together shall constitute one agreement binding on Parties,
notwithstanding that all the Parties shall not have signed the same counterpart.
9. If any of the Parties returns a copy by facsimile machine or electronic transmission, the signing
party intends the copy of its authorized signature printed by the receiving machine or the
electronic transmission to be its original signature.
10. By signing this First Amendment,the Parties expressly understand and agree that its terms shall
become a part of the Contract as if it were set forth word for word therein.
11. This First Amendment shall be binding upon the Parties hereto and their respective successors and
assigns.
12. This First Amendment shall be effective on the date executed by both parties.
AGREED TO AND EXECUTED BY:
SUBRECIPIENT:
City of Fort Worth,
a political subdivision of the State of Texas
By:
Name: Fernando Costa
Title: Assistant City Manager
Date:
THIS CONTRACT, AS AMENDED, IS NOT EFFECTIVE UNLESS SIGNED BY THE EXECUTIVE DIRECTOR
OF THE TEXAS DEPARTMENT AND COMMUNITY AFFAIRS, OR HIS/HER AUTHORIZED DESIGNEE.
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
a public and official agency of the State of Texas
By:
Name: Abigail Versyp
Title: Its duly authorized officer or representative
Date:
First Amendment to HHSP Contract Number 63206010006 Page 3 of 5
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:
ATTEST: CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
this contract,including ensuring all performance and
By:
reporting requirements.
Name: Mary J. Kayser
Title: City Secretary
By:
Name: Tara Perez
Title: Directions Home Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Jo Ann Pate
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C:
1295:
Ordinance No.24161-04-2020
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL REVENUE
FIRST AMENDMENT TO
CONTRACT NUMBER 63206010006
WITH
City of Fort Worth,
a political subdivision of the State of Texas
ATTACHMENT#1
EXHIBIT A-1
PERFORMANCE STATEMENT(2018)
For Funds Allocated Under
CONTRACT NUMBER 63186010004
City of Fort Worth,
a political subdivision of the State of Texas
Subrecipient shall carry out the following activities identified herein by implementing a Texas Homeless
Housing and Services Program ("HHSP") in accordance with the State Act and its implementing rules
under the HHSP State Rules.
Close-Out Process: Ends November 15, 2020
Contract Term: March 26, 2020—August 31, 2020
Service Area: City of Fort Worth
Program Activities
Subrecipient agrees to perform the following measurable activities:
A.Served
1. Persons entering HHSP projects: 8
2. Persons experiencing Homelessness served with essential services: 0
3. Persons At-risk of Homelessness served with essential services: 0
4. Persons served with Homeless Assistance("HA"): 8
5. Persons served with Homelessness Prevention ("HP"): 0
6. Persons who used a day or night shelter: 0
7. Persons served with Case Management: 0
B. Outcomes
1. Persons experiencing Homelessness who maintained housing for
three months after HHSP exit: 6
2. Persons At-risk of Homelessness who maintained housing for three
months after HHSP exit: 0
C. New Beds
1. New beds created through Shelter Construction: 0
2. New beds created through Shelter Rehabilitation: 0
3. New beds created through Shelter Conversion: 0
First Amendment to HHSP Contract Number 6320601uU06 Page 4 of 5
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL REVENUE
FIRST AMENDMENT TO
CONTRACT NUMBER 63206010006
WITH
City of Fort Worth,
a political subdivision of the State of Texas
ATTACHMENT#2
EXHIBIT B-1
BUDGET(2018)
For Funds Allocated Under
CONTRACT NUMBER 63186010004
City of Fort Worth,
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
Additional funds may be obligated via Amendment(s) during the Contract Term. Funds may only be
obligated and expended during the current Contract Term, and reported during the Close-Out Process.
Unexpended fund balances will be recaptured.
II. BUDGET FOR AVAILABLE ALLOCATIONS
ADMINISTRATION $0.00
CASE MANAGEMENT SALARY $0.00
CONSTRUCTION/REHABILITATION/CONVERSION $0.00
ESSENTIAL SERVICES $0.00
FINANCIAL ASSISTANCE-HOMELESS $ 22,428.00
ASSISTANCE
FINANCIAL ASSISTANCE-HOMELESSNESS $0.00
PREVENTION
OPERATIONS $0.00
TOTAL FUNDS AWARDED $22,428.00
III. FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS:
Denotes that the Subrecipient must request in writing any adjustment needed to a budget category
before the Department will make any adjustments to the budget categories. Only those written request(s)
from the Subrecipients received at least thirty(30) calendar days prior to the end of the Contract Term
will be reviewed.The Department may decline to review written requests received during the final thirty
(30) calendar days of the Contract Term.
First Amendment to HHSP Contract Number 63206010006