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HomeMy WebLinkAboutContract 33862 �E ► '= "EC'RETARY NO, L AMENDMENT TO CITY SECRETARY CONTRACT NO. 31985 WHEREAS, on June 29, 2005, the City of Fort Worth ("City") and Presbyterian Night Shelter of Tarrant County aka Presbyterian Night Shelter("Contractor") made and entered into City Secretary Contract No. 31985 (the "Contract"); WHEREAS, the Contract provided funding to Contractor pursuant to a grant received by City from the United States Department of Housing and Urban Development ("HUD") under Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act, as amended, (42 USC 11371 et seq.) in connection with the Emergency Shelter Grants ('BSG") program, Program No. S-06-MC-48-0006, for Year XXXI; WHEREAS, the ESG program provides homeless persons with basic shelter and essential supportive services; WHEREAS, the Contract expires by its terms on May 31, 2006; WHEREAS, it the mutual desire of City and Contractor to extend City Secretary Contract No. 31985 in order to fulfill the objectives of the Program described in the Contract. NOW, THEREFORE, City, whose address is 1000 Throckmorton St., Fort Worth TX 76102, acting by and through Dale A. Fisseler, its duly authorized Assistant City Manager, and Presbyterian Night Shelter of Tarrant County aka Presbyterian Night Shelter, whose address is 2400 Cypress Street,Fort Worth, TX 76102, acting by and through Cee Yager, its duly authorized Board President, do hereby agree as follows: I. 1. Scope of Services This section is amended to be and read as follows by adding new subsections a and c: "a. Contractor will administer Emergency Shelter services to citizens of the City of Fort Worth under the program name Elderly and Infirmary Care ("Program") for the term from June 1, 2005 to August 31, 2006." "a. Contractor agrees to meet the National Objective of activities benefiting low and moderate-income individuals and to maintain full documentation supporting fulfillment of this National Objective in its files. All such documentation shall be furnished to City upon request if necessary for City to fulfill its obligations under its Federal grant. If this documentation is not maintained and furnished to City on request, City may exercise all remedies available under this Contract, including the right to withhold payment to Contractor on this Contract or any other contract with Contractor, or terminate this Contract as described herein." CONTRACT AMENDMENT OF CSC NO.31985 ^ 1] '' 2 Page 1 Presbyterian Night Shelter Elderly and Infirmary(ESG) V lu/d5u E II. 2. Compensation and Method of Payment This section is amended to be and read as follows by adding new subsection b.: "b. Payment will be processed by City following receipt from Contractor of the following monthly financial documents: (1) Attachment I- Request For Funds, (2) Attachment II- Detail Statement of Costs, and (3) Attachment III-Expenditures Worksheet. Payment by City to Contractor shall require completion of all City forms and copies of adequate supporting documentation verifying eligibility of expenses as well as, where applicable, eligibility of Program participants. Reimbursement for the payment of eligible expenses shall be made against the budget specified in Exhibit C-Program Operating Budget and in accordance with performance specified in Exhibit B-Program Services Schedule. City is under no obligation to disburse funds for expenditures that occurred prior to the first day of the month for which the reports are submitted." III. 3. Uniform Administrative Requirements and Program Management Standards This section is amended to be and read as follows by adding new subsection b. i.: "c. Documentation and Record Keeping i. Requirement Contractor shall maintain all records pertinent to the activities to be funded under this Contract required in 24 CFR § 574.530. In addition, Contractor agrees to keep records to fully document all expenditures charged to the ESG portion of the Program, including records documenting the eligibility of Program participants as more particularly described herein. The documentation must support the amounts charged to the Program,the eligibility of the Program participants, and demonstrate that the expenditures were appropriate to the stated goals of the Program and allowable and/or eligible under applicable Federal, state and City guidelines." IV. 4. Reporting Procedures This section is amended to be and read as follows by adding new subsection e.: "e. Program Participant Records i. Contractor will keep or cause to be kept an accurate record of all actions taken and all ESG Funds expended, with source documents, in performance of this Contract. Such records shall be kept for the time period mandated by the ESG and CDBG Regulations and this Contract. ii. Contractor will obtain and keep on file and furnish to City on request the following information and/or documentation on each Program participant served by the Program demonstrating such participant's eligibility for services provided: CONTRACT AMENDMENT OF CSC NO.31985 yr i.1; �{'-[[`tiy Page 2 Presbyterian Night Shelter Elderly and Infirmary(ESG) a. Participant's name, address, annual income level or other basis for determining income eligibility, and family size of participant's household. b. Source documentation used for income verification including but not limited to pay check stubs, food stamp award letters, income tax returns, SSI award letters, letters awarding unemployment benefits,W2s and the like. c. City shall have the final determination, in its sole discretion, as to whether source documentation used for income verification is adequate. " V. 6. Applicable Laws Subsection a. Federal of this section is amended to be and read as follows by adding the following: • "Regulations at 24 CFR Part 570 pertaining to CDBG("CDBG Regulations") • Regulations at 24 CFR Part 576 pertaining to Emergency Shelter Grants Program ("ESG Regulations") • The Americans with Disabilities Act of 1990 (42 USC 12101 et seq)" Subsection c. Other Laws of this section is amended to be and read as follows: "c. Other Laws Contractor covenants and agrees that its officers, members, agents, employees, Program participants and subcontractors shall abide by and comply with all other laws, Federal, state and local, relevant to the performance of this Contract, including all applicable City ordinances, rules and regulations and Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act, as amended, (42 USC 11371 et seq.), the ESG Regulations , as amended,(24 CFR Part 576 et seq.), and the CDBG Regulations, as amended, (24 CFR Part 570 et seq.). Contractor further promises and agrees that it has read, and is familiar with, terms and conditions of the Emergency Shelter Grant under which ESG Funds are granted and any applicable provisions of the ESG and CDBG Regulations and that it will fully comply with them. It is agreed and understood that, if City notifies Contractor of any such violation on the part of Contractor or any of its officers, members, agents, employees, Program participants or subcontractors, then Contractor shall immediately desist from and correct such violation. VI. 14. Termination Subsection a. of this section is amended to be and read as follows: "a. In addition to, and not in substitution for, other provisions of this Contract regarding the provision of public services with ESG Funds, pursuant to Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act, as amended, (42 USC 11371 et seq.), the ESG Regulations and the CDBG Regulations, it is expressly understood and agreed by and between the Parties that this Contract is wholly conditioned upon the actual receipt by City of Federal ESG Year XXXI funds; that all monies distributed to Contractor hereunder shall be exclusively from Federal monies received under said grant and not from any other CONTRACT AMENDMENT OF CSC NO.31985 n 2, ,% wPage 3 Presbyterian Night Shelter Elderly and Infirmary(ESG) ��s+i lr�.Gi��pp77,Cg; 5i7 monies of City; and that if such funds under City's grant are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this Contract and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this Contract." All other terms and conditions of City Secretary Contract No. 31985 not amended herein remain unaffected and in full force and effect, are binding upon the Parties, and are hereby ratified by the Parties. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) CONTRACT AMENDMENT OF CSC NO.31985 Page 4 Presbyterian Night Shelter Elderly and Infirmary(ESG) IN WITNESS WHEREOF,the Parties hereto bave execut d three c pies of this Contract Amendment in Fort Worth, Texas, this day of , 2006. ATTEST: CITY OF FORT WORTH B City Setary Dale A. Fiss ler / Assistant City Mi nag APPROVED A9 TO FO AND LEGALITY: S Assistant City Attorney PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY NO M&C RLQUIRLD By: Cee Yag Bard President STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on I , 2006 506 i by ssistant City Manager of the City of Fort rth, on behalf of the City of Fort Worth, Texas. 1 CI IN C NO ARY PtJBLIC, STATE rEXAS MARIA S. SANCHEZ s9PNOTARY PUBLIC STATE OF TEXAS ,F OF j�} My Comm.Exp.12-14-2009 z STATE OF TEXAS § COUNTY OF TARRANT § ��f� ?� , 2006 This instrument was acknowledged before me on by Cee Yager, Board President of the Presbyterian Night Shelter., a Texas non-profit corporation, on behalf of said corporation. NOT Y PUBLIC, STATE OF TEXAS JUSTIN M. CARTER ° Notary Public,State of Texas MY Commission Expires June 28,2009 CONTRACT AMENDMENT OF CSC NO.31985 W , ,J)1Presbyterian Night Shelter Elderly and Infirmary(ESG) t(�' ''�'llllll I Presbyterian Night Shelter of Tarrant County 2400 Cypress Street,Fort Worth P.O.Box 2645 Fort Worth,TX 76113 Tel. 817-336-1842 Fax 817-870-4915 June 23, 2006 Sherry Johnson Contract Compliance Specialist Intergovernmental Affairs & Grant Management The City of Fort Worth 1000 Throc kmorton Fort Worth, Texas 76102 RE: Funds under City Funds Program named Elderly and Infirmary Contract # 31985 dated June 01, 2005 for the Presbyterian Night Shelter of Tarrant County Dear Ms. Johnson: We are requesting an extension of time for the above grant. As you know, The Shelter has experienced many management changes in the last few months, which prevented us from getting the extension request filed by the deadline. We would very much appreciate it if you would consider granting us an extension under these special circumstances. We commit that we will get the monies expended and the report to you as quickly as possible. We very much appreciate your assistance in this matter. Should you need further information, please do not hesitate to contact me at 817.303.1205. Sincerely, Cee Yage President