HomeMy WebLinkAboutContract 62338CSC No. 62338
AGREEMENT BETWEEN THE CITY OF FORT WORTH AND DAY RESOURCE
CENTER FOR THE HOMELESS DB/A DRC SOLUTIONS FOR OUTREACH
SERVICES
This agreement for outreach services ("Agreement") is made and entered into by and between the
City of Fort Worth, a home -rule municipality of the State of Texas ("City"), acting by and through
Mark McDaniel, its duly authorized Deputy City Manager, and Day Resource Center for the
Homeless DB/A DRC Solutions, a Texas nonprofit corporation ("Agency"). Each party shall be
individually referred to herein as Party and collectively as Parties.
RECITALS:
WHEREAS, The City has adopted Directions Home: Making Homelessness Rare, Short -
Term and Nonrecurring in Fort Worth within Ten Years as its homelessness plan (the
"Plan" or "Directions Home"). The Plan sets out key strategies that focus on the goal of
ending homelessness and guides the expenditure of City funds on homeless issues (City
Council Resolution No. 3203-05-2005);
WHEREAS, the unsheltered population of people experiencing homelessness has
increased;
WHEREAS, Agency provides outreach services to assist those experiencing unsheltered
homelessness connect to housing and services through check -ins and assistance with
obtaining needed documents;
WHEREAS, the Parties desire to contract with Agency to provide outreach services;
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 Outreach Services;
2. Exhibit "A" — Scope of Services;
3. Exhibit "B" — Budget;
4. Exhibit "C" — Reimbursement Request Form
5. Exhibit "D" — Reporting Forms
6. Exhibit "E" -- Request for Budget Modification Form
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" or "E" and the terms and conditions set forth in the
body of this Agreement, the terms and conditions of this Agreement shall control.
CITY OF FORT WORTH OFFICIAL RECORD
Agreement for Outreach Services — DRC SOLUTIONS CITY SECRETARY Page I of 25
FT. WORTH, TX
1. SCOPE OF SERVICES.
1.1 Agency shall provide City with outreach services to reduce the City's population of
homeless persons ("Services"), which are more particularly described in Exhibit "A" — Scope of
Services.
1.2 Program Performance.
1.2.1 Agency agrees to maintain full documentation supporting the performance of the
work and fulfillment of the objectives set forth in Exhibit "A."
1.2.2 Agency agrees to provide a monthly report in the form attached as Exhibit "D"
to document the performance of the work described in Exhibit "A".
1.2.3 Agency agrees to provide a quarterly report in the form attached as Exhibit "D"
to document the performance of the work described in Exhibit "A".
1.2.4 Agency agrees that the Reimbursement Request Form and monthly report will be
submitted to City no later than the 15th day after the end of each month. Agency agrees that at the
end of each quarter (December, March, June, September) Agency shall also provide a quarterly
report with the aggregate information requested therein along with its monthly report and
reimbursement request. Should Agency not be able to meet these requirements in a given month,
the Agency shall provide written notification prior to the deadline that details the expected date of
submission. If no notification is received before the 15th day, the City may document for future
corrective action. If, by the last day of the same month, Agency has not submitted the required
reports, City will send a non-compliance letter notifying Agency's duly authorized representative
of a possible suspension of program funding.
1.2.5 Agency agrees to complete a Corrective Action Plan (CAP) in the event of three
(3) consecutive months or six (6) non-consecutive months with incomplete or incorrect
submissions of a Reimbursement Request Form or report. Agency also agrees to complete a CAP
for recurring late submissions of a Reimbursement Request Form or report.
2. TERM.
The term of this Agreement shall begin on October 1, 2024 ("Effective Date") and shall
expire on September 30, 2025 ("Expiration Date"), unless terminated earlier in accordance with
this Agreement ("Initial Term"). City shall have the option, in its sole discretion, to renew this
Agreement under the same terms and conditions, except for the compensation amount which shall
be provided at the time of the renewal, for 3 additional 1-year terms. Execution of this Agreement
after the Effective Date shall have no bearing on the enforceability of the Agreement.
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS Page 2 of 25
3. COMPENSATION.
3.1 City shall pay Agency in accordance with the provisions of this Agreement and Exhibit
"B" — Budget. Total payment made by City under this Agreement for the Initial Term shall not
exceed $150,000.00 ("Program Funds"), and shall be paid to Agency on a reimbursement basis.
Agency shall not perform any additional services 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 incurred by Agency not specified by this Agreement unless City first
approves such expenses in writing. If City determines in its sole discretion that this Agreement
should be renewed as provided under Section 2 of this Agreement, the City shall provide an
updated Exhibit `B", which shall include the not to exceed amount to be paid to Agency on a
reimbursement basis during the renewal term.
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
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 expense
documentation that is detailed, clear and concise. All invoices should be sent electronically to the
Directions Home coordinator and manager. The invoice must contain the following information:
• Supplier Name and Address;
• Remit to Supplier Name and Address, if different;
• Applicable City Department business unit# (i.e. FW019)
• Complete City of Fort Worth PO number (i.e. the PO number
must contain all preceding zeros);
• Invoice number;
• Invoice date; and
• Invoices to be submitted after delivery of the goods or services.
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 reimbursement schedule.
3.4 Any modifications in the original approved budget must have prior written permission
from City before the modifications are made. The Request for Budget Modification Form (Exhibit
"E") must be submitted, and request must be approved by City before any money is moved to the
line -item. Once the Request for Budget Modification is approved, the modified budget will take
effect on the first day of the following month. The new modified budget shall not exceed the total
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS Page 3 of 25
amount of Program Funds. Agency shall be solely responsible for any money spent in excess of
the not to exceed amount included in this Agreement for the then -current term.
3.5 Agency will document cost allocations for all budgeted expenses throughout the
entirety of the Agreement and will be responsible for having a policy and procedure in place for
this documentation. Specifically, Agency will document how all shared costs, personnel time, or
equipment that was fully or partially paid for using City funds, were used in furtherance of the
program activities described in this Agreement. Documentation of these cost allocations, as well
as a copy of the Agency's policy and procedures for the documentation of the cost allocations shall
be made available to the City upon request.
3.6 The City reserves the right to reject any budget modification that the City believes, in
its sole discretion, is not clearly aligned with the program activities and any requests for
reimbursement expenses that the City believes, in its sole discretion, are not specified in Exhibit
"B" of this Agreement or an approved budget modification form.
3.7 Budget adjustments shall be submitted via email to Tara.Perez@fortworthtexas.gov.
4. TERMINATION.
4.1. Written Notice. City or Agency may terminate this Agreement at any time and for
any reason by providing the other Party with 60 days' written notice of termination.
4.2 Duties and Obligations of the Parties. In the event that this Agreement is terminated
prior to the Expiration Date, City shall pay Agency for services actually rendered up to the
effective date of termination and Agency shall continue to provide City with services requested by
City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Agency shall provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Agency
has received access to City data as a requirement to perform services hereunder, Agency shall
return all City -provided data to City in a machine-readable format or other format deemed
acceptable to City.
4.3 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 Agency
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.
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.
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS Page 4 of 25
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 those standards, rules and regulations regarding confidentiality required by HMIS
and TCHC. "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 3 years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said 3 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 -
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS Page 5 of 25
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.
8.2 GENERAL INDEMNIFICATION -AGENCY HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINSTANYAND ALL CLAIMS
OR LAWSUITS OF ANY KIND 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, INCL UDING 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.
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS Page 6 of 25
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
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS Page 7 of 25
(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
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS Page 8 of 25
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:
City of Fort Worth
City Manager's Office
Attn: Tara Perez, Directions Home Manager
100 Fort Worth Trail
Fort Worth, TX 76102
Phone: (817) 392- 2235
With copy to City Attorney's Office at same
address
14. SOLICITATION OF EMPLOYEES.
To Agency:
DRC Solutions
Attn: Bruce Frankel
1813 E Lancaster
Fort Worth TX 76103
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 provided services to the other Party 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.
It is understood and agreed that by execution of this Agreement, neither the City nor the
Agency waives or surrenders any of their governmental powers or immunities. Notwithstanding
the forgoing, DRC Solutions agrees that if DRC Solutions is a charitable or nonprofit organization
and has or claims an immunity or exemption (statutory or otherwise) from and against liability for
damages or injury, including death, to persons or property, DRC Solutions hereby expressing
waives its rights to plead defensively such immunity or exemption as against the City. This section
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS Page 9 of 25
shall not be constructed to affect a governmental entity's immunities under constitutional, statutory
or common law plead against any other entity other than the City.
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, epidemics or pandemics,
material or labor restrictions by any governmental authority, transportation problems, restraints or
prohibitions by any court, board, department, commission, or agency of the United States or of
any States, civil disturbances, other national or regional emergencies, and/or any other similar
cause not enumerated herein but which is beyond the reasonable control of the Parry whose
performance is affected (collectively "Force Majeure Event"). The performance of any such
obligation is suspended during the period of, and only to the extent of, such prevention or
hindrance, provided the affected Party provides notice of the Force Majeure Event, and an
explanation as to how it hinders the party's performance, as soon as reasonably possible, as
determined in the City's discretion, after the occurrence of the Force Majeure Event. The form of
notice required by this section shall be the same as section 13 above.
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS Page 10 of 25
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
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. 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 Agency's option, Agency
shall either (a) use commercially reasonable efforts to re -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
working under this Agreement, including completing the Employment Eligibility Verification
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS Page 11 of 25
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 perform 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 Vendor employee who is not legally eligible
to perform such services. AGENCY SHALL, TO THE EXTENT ALLOWEED BY LAW,
INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES,
OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAGH BY AGENCY, AGENCY'S
EMPLOYEES, SUBCONTRACTORS, AGENCTS, OR LICENSEES. City, upon written notice
to Agency, shall have the right to immediately terminate this Agreement for violations of this
provision by Agency.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides,
and documentation, created, published, displayed, and/or produced in conjunction with the
services provided under this Agreement (collectively, "Work Product"). Further, City shall be
the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of
City from the date of conception, creation or fixation of the Work Product in a tangible medium
of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be
considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended.
If and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -
hire" within the meaning of the Copyright Act of 1976, as amended, Agency hereby expressly
assigns to city all exclusive right, title and interest in and to the Work Product, and all copies
thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights
therein, that City may have or obtain, without further consideration, free from any claim, lien for
balance due, or rights of retention thereto on the part of City.
28. 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.
29. 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
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS Page 12 of 25
Party is fully entitled to rely on these warranties and representations in entering into this
Agreement or any amendment hereto.
30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT
ISRAEL
Agency shall verify the identity and employment eligibility of its employees who perform
working 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 perform 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 Vendor employee who is not legally eligible
to perform such services. AGENCY SHALL, TO THE EXTENT ALLOWEED BY LAW,
INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES,
OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAGH BY AGENCY, AGENCY'S
EMPLOYEES, SUBCONTRACTORS, AGENCTS, OR LICENSEES. City, upon written notice
to Agency, shall have the right to immediately terminate this Agreement for violations of this
provision by Agency.
31. PROHIBITION ON BOYCOTTING ENERGY COMPANIES
Agency acknowledges that in accordance with Chapter 2274 of the Texas Government
Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering
into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly
or partly from public funds of the City with a company with 10 or more full-time employees unless
the contract contains a written verification from the company that it: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of the contract. The terms
"boycott energy company" and "company" have the meaning ascribed to those terms by Chapter
2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the
extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Agency certifies that Agency's signature provides written verification to the City that
Agency: (1) does not boycott energy companies; and (2) will not boycott energy companies during
the term of this Agreement.
32. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND
AMMUNITION INDUSTRIES
Agency acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited
from entering into a contract for goods or services that has a value of $100,000 or more that is to
be paid wholly or partly from public funds of the City with a company with 10 or more full-time
employees unless the contract contains a written verification from the company that it: (1) does
not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate during the term of the contract against a
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS Page 13 of 25
firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm
trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter
2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Agency
certifies that Agency's signature provides written verification to the City that Agency: (1) does not
have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm
trade association; and (2) will not discriminate against a firearm entity or firearm trade association
during the term of this Agreement.
31. CONFIDENTIAL INFORMATION
Agency acknowledges that the City is a governmental entity and is subject to the Texas
Public Information 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]
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS Page 14 of 25
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be
effective this 20th day of November 2024 .
FOR CITY OF FORT WORTH:
Mark McDaniel
Deputy City Manager
Date: 11/20/2024
APPROVAL RECOMMENDED
FOR AGENCY: DRC Solutions
Snits Frankel
Bruce Frankel (Nov 20, 2024 11:41 CST)
Bruce Frankel
Executive Director
Date: 11 /20/2024
Bethany Warner (Nov 20, 202413:42 CST)
Bethany Warner, Intergovernmental Relations Manager
Date: 11 /20/2024
APPROVED AS TO FORM AND
L7iMunt(Nov20,202413:49CST)
L,iTY�
Le
Leslie L. Hunt, Senior Assistant City Attorney
Date: 11 /20/2024
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
reporting requirements.
Tara Perez
Manager, Directions Home
ATTEST:
V � 3
64vouQ
0%910
I.g
dvo 0Z
° o
QQan aEXn54aa
Jannette S. Goodall, City Secretary
Date: 11 /20/2024
M&C No.: 24-0950
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS Page 15 of 25
EXHIBIT "A"
SCOPE OF SERVICES
OUTREACH SERVICES
DRC SOLUTIONS will do the following:
Employ three outreach workers to provide assessments, document chronicity as needed, assist with
verification of disability as needed and assist with obtaining identification documents as needed
and/or provide diversion services to 200 eligible households:
• Eligible households are persons in the City of Fort Worth experiencing homelessness with
a primary focus on people who do not access shelter program beds;
• Document the nature and extent of all services provided to homeless individuals in the City of
Fort Worth receiving case management services hereunder ("client") in a complete case file,
with case notes in the HMIS system within 3 business days of a service being provided
hereunder;
• Agency will have three outreach workers;
• At the discretion of Directions Home, outreach workers can be embedded with Police
and/or Fire HOPE Teams;
• Agency shall gather documentation of homelessness as necessary for clients to apply for
and receive housing;
• Agency shall conduct any needed assessments;
• Agency shall work to obtain documents such as identification;
• Agency shall assist clients with housing intake applications and forms;
• Agency shall work with partner agencies towards client housing success;
• Agency shall transition clients to housing case manager when assigned to a housing
program;
Evaluation:
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS Page 16 of 25
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:
Reimbursement Requests 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". Quarterly
reports will be submitted by the 15th of July, October, January and April in the format of Exhibit
«D»,
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS Page 17 of 25
EXHIBIT `B"
BUDGET
Agency will submit invoice for reimbursement by the 1511 of the month followinu the month
services were provided.
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 both the employee and supervisor
with the program fund code of time being billed to City /Directions Home. Electronic
time sheets are acceptable but must show date timestamp of employee submission and
supervisor approval. 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 or with written
permission from Directions Home staff so long as such changes are otherwise in
accordance with the Agreement.
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 or with written
permission from Directions Home staff so long as such changes are otherwise in
accordance with the Agreement.
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 and if changes are made, new allocation documentation submitted with
invoice.
For the audit, bank statements showing payments, Form 941 s and allocation
documentation will be reviewed.
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS Page 18 of 25
PROGRAM COSTS $150,000.00
A. SALARIES (By title)
3 Mobile Housing Navigators
SALARIES TOTAL: $123,603.00
B. FRINGE BENEFITS
(Can include: Employer -paid Social Security,
Medicare, Health Insurance, Dental Insurance, Vision
Insurance, Life Insurance, Disability Insurance,
Unemployment Insurance, Workers Compensation and
Retirement expenses)
FRINGE BENEFITS TOTAL: $26,397.00
C. MILEAGE
MILEAGE TOTAL:
D. CELL PHONES/EQUIPMENT
CELL PHONES/EQUIPMENT TOTAL:
E. CLIENT EXPENSES
CLIENT EXPENSES TOTAL:
F. OTHER APPROVED
Indirect admin (10% de minimis)
OTHER APPROVED TOTAL:
TOTAL PROGRAM COST: $150,000.00
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS Page 19 of 25
EXHIBIT "C"
REIMBURSEMENT REQUEST 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:
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS Page 20 of 25
Cell phone
Cell phone
Cell phone
Cell Phone Total:
Type of Client
Expense/Vendor
Client Expense Total:
Operations/Vendor:
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
0
Budget
Budget Category Amount
Salaries
Fringe Benefits
Mileage
Cell
phone/Equipment
Client Costs
Other
Total
B C D
Total Previous This
Reimbursements Month's Total Request
Requested Request to Date (B+D)
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS
E
Remaining
Balance Available
(A-D)
Page 21 of 25
EXHIBIT "D"
REPORTING FORMS
Quarterly Report
Current Reporting
Quarter
Submitting Agency
Contact Name
Phone Number and
Email
Remit Address
Please include outcome narrative that describes how measure was accomplished for each
quarter.
Effectiveness Measures and Quarterly Outcomes
Measure 1 To gather baseline information — report the number of unduplicated individuals
outreach workers assisted to obtain identification (List clients by first initial, last
name)
Outcome
Measure 2 To gather baseline information — report the number of unduplicated individuals
outreach workers assisted to obtain verification of disability (List clients by first
initial, last name)
Outcome
Measure 3 To gather baseline information — report the number of unduplicated individuals
outreach workers assisted to obtain documentation of chronicity (List clients by
first initial, last name)
Outcome
Measure 4 To gather baseline information — report the number of unduplicated individuals
outreach workers enrolled (List clients by first initial, last name)
Outcome
Measure 5 To gather baseline information — report the number of HAT (Housing
Assessment Tool) assessments conducted (List clients by first initial, last name)
Outcome
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS Page 22 of 25
I have reviewed this report and certify that the measures provided are accurate and
appropriately reflect the Directions Home goals set forth in the contract.
Authorized Signatory
Date
Signatory Title
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS Page 23 of 25
Monthly Report
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.
List of Clients
First Initial, Last Name Number of times client see in the month
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS Page 24 of 25
Date
Submitting Agency
Contact Name
Phone Number and Email
Remit Address
Budget Category
Salaries
Fringe Benefits
Mileage
Cell Phones/Equipment
Client Costs
Other Approved
Indirect
Total Costs
EXHIBIT "E"
REQUEST FOR BUDGET MODIFICATION
PROGRAM COSTS
Approved Budget Change Requested Revised Budget
• Up to 5% of any budgeted line -item does not need prior approval but form must be sent
to City with monthly RFR
• More than 5% of any budgeted line -item must have prior City approval
• An increase in a zero line -item must have prior City approval
Modification Narrative (describe in detail what change is for)
I have reviewed this request and certify that the listed modifications are correct.
Authorized Signatory
Date
STAFF USE ONLY
0
Modification Approved
Staff Signature
CITY OF FORT WORTH
Agreement for Outreach Services — DRC SOLUTIONS
Signatory Title
0
Modification NOT Approved
Date
Page 25 of 25
DATE: 11/12/2024 REFERENCE **M&C 24- LOG 02DIRECTIONSHOMEOUTREACHCONTRACT
NO.: 0950 NAME:
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of Contract with Day Resource Center for the Homeless Doing
Business as DRC Solutions for Up to $150,000.00 for Street Outreach and Find that the Contract
Serves a Public Purpose and that Adequate Controls are in Place
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager or his designee to execute contracts with Day Resource Center
for the Homeless doing business as DRC Solutions for a total contract amount of up to
$150,000.00 for street outreach services;
2. Authorize the City Manager or his designee to amend, extend, and renew the contracts as
needed to achieve program goals provided that the amendment(s) is within the scope of the
program and in compliance with City policies and applicable laws and regulations;
3. Find that the contracts, including amendments and renewals, serve a public purpose and
that adequate controls are in place.
DISCUSSION:
For the past four years, the City of Fort Worth has contracted with Tarrant County Homeless Coalition,
which was recently renamed Partnership Home, and provided funding for mobile navigation
services. Partnership Home was able to use this funding as a match for Continuum of Care funding
which added funding to the local homeless system while providing mobile navigation
services. Partnership Home subcontracted with DRC Solutions to pay partial salaries of two to four
mobile navigators. Partnership Home no longer needs City funds as a match to Continuum of Care
funding, and the City would like to contract directly with DRC Solutions to continue mobile navigation
services.
The mobile navigation services provided are now known as "outreach" — primarily working with
unsheltered individuals to document their living situation in order to establish chronicity, explore
diversion or rapid exit possibilities, assist in obtaining identification documents and documentation of
disability as needed. Outreach workers who are embedded with the Homeless Outreach Program and
Enforcement (HOPE) teams, Fire and Police, currently work on these tasks.
In the past four years, this outreach team of two to four mobile navigators has connected more than
two thousand people experiencing unsheltered homelessness with homeless system resources and
has been able get 294 of those individuals out of unsheltered homelessness and into housing through
various programs.
This project was approved for a waiver per the Chapter 252 exemption, as Professional Service by the
Legal Department. Therefore, the business equity goal requirement is not applicable.
Funding is budgeted in the Other Contractual Services account within the General Fund for the
Neighborhood Services Department.
Directions Home services and programs are available in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendations, funds are available in
the current operating budget, as previously appropriated, in the General Fund. Prior to an expenditure
being incurred, the City Manager's Office and Neighborhood Services Department have the
responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department I Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for Citv Manaqer's Office bv: Mark McDaniel (6316)
Oriainatinq Department Head: Bethany Warmer (6121)
Additional Information Contact: Tara Perez (2235)
ATTACHMENTS
02DIRECTIONSHOMEOUTREACHCONTRACT.docx (CFW Internal)
Approved Chapter 252 Exemption Form - DRC Outreach.odf (CFW Internal)
Certificate of Interested Parties CFW 10 21 2024.pdf (CFW Internal)
FID table DRC Solutions outreach contract FY25.xlsx (CFW Internal)
Request for Waiver of Business Eauitv Goal Final CC.pdf (CFW Internal)