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HomeMy WebLinkAboutContract 53209-A2 DocuSign Envelope ID:368AFD3E-5A15-4693-A79A-A1D613A11OB23 CSC No.53209-A2 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM GENERALREVENUE SECOND AMENDMENT TO CONTRACT NUMBER 63206010006 WITH City of Fort Worth, a political subdivision of the State of Texas This Second Amendment FY 2020 Homeless Housing and Services Program Contract Number 63206010006 (Second 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); and WHEREAS, on June 1, 2020 and May 28, 2020, the Department and Subrecipient, respectively, executed that certain First Amendment to FY 2020 Homeless Housing and Services Program Contract Number 63206010006 (First Amendment)to be effective on June 1, 2020; and 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. Section 2, Contract Period for Performance and Close Out, of this Contract is hereby amended and replaced in its entirety to read as follows: "This Contract shall commence on September 1, 2019 and, unless earlier terminated at provided herein,terminate as follows: (1)the Subrecipient is permitted to incur expenses under this Contract until October 31, 2020 (Contract Term), and (2)the Department's obligations under the Contract shall end on January 14, 2021 and is conditioned on the Subrecipient's successful completion of the terms herein (Close-Out Process)." 2. Subsection Din Section 4, DEPARTMENT FINANCIAL OBLIGATIONS, of the Contract, is hereby amended to read as follows: "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 and 2019 reallocated funds under Contract Number 63196010016) shall not exceed the sum of four hundred eighty thousand, five hundred fifty-five dollars ($480,555.00)." OFFICIAL RECORD Second Amendment to HHSP Contract Number 63206010006 Page 1 of 8 CITY SECRETARY FT. WORTH, TX DocuSign Envelope ID:368AFD3E-5A15-4693-A79A-A1D6BA110B23 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 A-2-Performance Statement(2019) (8) Exhibit B- Budget (9) Exhibit B-1- Budget (2018) (10) Exhibit B-2—Budget(2019)" 4. The Performance Statement attached as Exhibit A to the Contract is hereby deleted and replaced in its entirety with the Performance Statement consisting of two pages attached as Attachment #1 to this Second Amendment. 5. The "Performance Statement (2018)" attached as Exhibit A-1 to the Contract is hereby deleted and replaced in its entirety with the "Performance Statement(2018)" for reallocated funds under Contract Number 63186010004 for the 2018 fiscal year consisting of one page attached as Attachment#2 to this Second Amendment. 6. The "Performance Statement" attached as Exhibit A to the Contract is hereby amended to add a "Performance Statement (2019)"for reallocated funds under Contract Number 63196010016 for the 2019 fiscal year to be attached as Exhibit A-2 to the Contract, consisting of one page, attached as Attachment#3 to this Second Amendment. 7. The 'Budget (2018)" attached as Exhibit B-1 to the Contract is hereby deleted and replaced in its entirety with the "Budget (2018)" for reallocated funds under Contract Number 63186010004 for the 2018 fiscal year consisting of one page attached as Attachment#4 to this Second Amendment. 8. The 'Budget" attached as Exhibit B to the Contract is hereby amended by adding a "Budget (2019)" for reallocated funds under Contract Number 63196010016 for the 2019 fiscal year to be attached as Exhibit B-2 to the Contract, consisting of one page, attached as Attachment#5 to this Second Amendment. 9. 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 Second Amendment. In the event this Second Amendment and the terms of the Contract as amended by the First Amendment are in conflict,this Second Amendment shall govern, unless it would make the Contract void by law. 10. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. 11. This Second Amendment may be executed in several counterparts, each of which shall be deemed Second Amendment to HHSP Contract Number 63206010006 Page 2 of 8 DocuSign Envelope ID:368AFD3E-5A15-4693-A79A-A1D613A11OB23 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. 12. 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. 13. By signing this Second 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. 14. This Second Amendment shall be binding upon the Parties hereto and their respective successors and assigns. IS. This Second Amendment shall be effective on the date executed by all Parties. AGREED TO AND EXECUTED BY: SUBRECIPIENT: City of Fort Worth, a political subdivision of the State of Texas DocuSlgned by: BYL65 t yM-4 C04U 788B652 54. Name: ernan o Costa Title: City Manager 8/31/2020 1 9:51:52 AM CDT 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 DocuSlgned by: B NameD9F�rJIg8iP1"f�rsyp Title: Its duly authorized officer or representative Date: 8/31/2020 1 9:59:09 AM CDT OFFICIAL RECORD Second Amendment to HHSP Contract Number 63206010006 Page 3 of 8 CITY SECRETARY FT. WORTH, TX DocuSign Envelope ID:368AFD3E-5A15-4693-A79A-A1 D6BA11 OB23 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM GENERAL REVENUE SECOND AMENDMENT TO CONTRACT NUMBER 63206010006 WITH City of Fort Worth, a political subdivision of the State of Texas ATTACHMENT#1 EXHIBIT A PERFORMANCE STATEMENT 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. Ds Close-Out Process: Ends January 14, 2021 �C Contract Term: September 1, 2019—October 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: 60 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"): 60 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: 53 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 Second Amendment to HHSP Contract Number 63206010006 Page 4 of 8 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 cc_ responsible for the monitoring and administration of �ernando Costa(Sep 1,202015:22 CDT) this contract,including ensuring all performance and y Name: Fernando Costa reporting requirements. Title: Assistant City Manager Se 1 2020 7-,WA/A&ez Date: p Tara Perez(Sep 1,202014:22 CDT) By: Name: Tara Perez APPROVAL RECOMMENDED: Title: Directions Home Manager 7-,WA/Perez APPROVED AS TO FORM AND LEGALITY: Tara Perez(Sep 1,202014:22 CDT) By: Name: Tara Perez Title: Directions Home Manager By: bp44FORr4�� Name: Taylor Paris ATTEST: p��. °°°°°°°°° 09�c Title: Assistant City Attorney �o Pvo o=4 zci� op o * CONTRACT AUTHORIZATION: B� �iGr�� ° �" (UJ a��b nEXASaQa M&C: 1295: Name: Mary J.Kayser Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX DocuSign Envelope-ID:368AFD3E-5A15-4693-A79A-A1 D6BA11 OB23 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM GENERAL REVENUE SECOND AMENDMENT TO CONTRACT NUMBER 63206010006 WITH City of Fort Worth, a political subdivision of the State of Texas ATTACHMENT#2 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 January 14, 2021 LW Contract Term: March 26, 2020—October 31, 2020 Service Area: City of Fort Worth Program Activities Subrecipient agrees to perform the following measurable activities: A. Served 8. Persons entering HHSP projects: 6 9. Persons experiencing Homelessness served with essential services: 0 10. Persons At-risk of Homelessness served with essential services: 0 11. Persons served with Homeless Assistance ("HA"): 6 12. Persons served with Homelessness Prevention ("HP"): 0 13. Persons who used a day or night shelter: 0 14. Persons served with Case Management: 0 B. Outcomes 3. Persons experiencing Homelessness who maintained housing for three months after HHSP exit: 4 4. Persons At-risk of Homelessness who maintained housing for three months after HHSP exit: 0 C. New Beds 4. New beds created through Shelter Construction: 0 5. New beds created through Shelter Rehabilitation: 0 6. New beds created through Shelter Conversion: 0 Second Amendment to HHSP Contract Number 63206010006 Page 5 of 8 DocuSign Envelope ID:,368AFD3E-5A15-4693-A79A-A1D6BA110B23 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM GENERAL REVENUE SECOND AMENDMENT TO CONTRACT NUMBER 63206010006 WITH City of Fort Worth, a political subdivision of the State of Texas ATTACHMENT#3 EXHIBIT A-2 PERFORMANCE STATEMENT(2019) For Funds Allocated Under CONTRACT NUMBER 63196010016 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 January 14, 2021 Contract Term: March 26, 2020—October 31, 2020 Ds Service Area: City of Fort Worth I'G' Program Activities Subrecipient agrees to perform the following measurable activities: A. Served 15. Persons entering HHSP projects: 2 16. Persons experiencing Homelessness served with essential services: 0 17. Persons At-risk of Homelessness served with essential services: 0 18. Persons served with Homeless Assistance ("HA"): 2 19. Persons served with Homelessness Prevention ("HP"): 0 20. Persons who used a day or night shelter: 0 21. Persons served with Case Management: 0 B. Outcomes 5. Persons experiencing Homelessness who maintained housing for three months after HHSP exit: 1 6. Persons At-risk of Homelessness who maintained housing for three months after HHSP exit: 0 C. New Beds 7. New beds created through Shelter Construction: 0 8. New beds created through Shelter Rehabilitation: 0 9. New beds created through Shelter Conversion: 0 Second Amendment to HHSP Contract Number 63206010006 Page 6 of 8 DocuSign Envelope ID:368AFD3E-5A15-4693-A79A-A1 D613A11 OB23 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM GENERAL REVENUE SECOND AMENDMENT TO CONTRACT NUMBER 63206010006 WITH City of Fort Worth, a political subdivision of the State of Texas ATTACHMENT#4 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 EW ADMINISTRATION $0.00 CASE MANAGEMENT SALARY $0.00 CONSTRUCTION/REHABILITATION/CONVERSION $0.00 ESSENTIAL SERVICES $0.00 FINANCIAL ASSISTANCE-HOMELESS $17,373.53 ASSISTANCE FINANCIAL ASSISTANCE-HOMELESSNESS $0.00 PREVENTION OPERATIONS $0.00 TOTAL FUNDS AWARDED $17,373.53 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. Second Amendment to HHSP Contract Number 63206010006 Page 7 of 8 DocuSign Envelope ID:368AFD3E-5A15-4693-A79A-A1 D613A11 OB23 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM GENERAL REVENUE SECOND AMENDMENT TO CONTRACT NUMBER 63206010006 WITH City of Fort Worth, a political subdivision of the State of Texas ATTACHMENT#5 EXHIBIT B-2 BUDGET(2019) For Funds Allocated Under CONTRACT NUMBER 63196010016 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 °S fC CASE MANAGEMENT SALARY $0.00 CONSTRUCTION/REHABILITATION/CONVERSION $0.00 ESSENTIAL SERVICES $0.00 FINANCIAL ASSISTANCE-HOMELESS $5,054.47 ASSISTANCE FINANCIAL ASSISTANCE-HOMELESSNESS $0.00 PREVENTION OPERATIONS $0.00 TOTAL FUNDS AWARDED $5,054.47 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. Second Amendment to HHSP Contract Number 63206010006 Page 8 of 8 9/1/2020 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT WORTH COUNCIL ACTION: Approved on 8/27/2019 -Ordinance No. 23699-06-2019 & Resolution No. 5105 DATE: 8/27/2019 REFERENCE**M&C 19- LOG NAME: 02HOMELESS HOUSING AND NO.: 0111 SERVICES PROGRAM CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorization to Accept Grant and Enter into Contract with Texas Department of Housing and Community Affairs (TDHCA)for Homeless Housing and Services Program Funds (HHSP)for$458,127.00, Authorize the Execution of SubGrant Agreement with Housing Authority of the City of Fort Worth DBA Fort Worth Housing Solutions to Provide Rental Assistance, Adopt Appropriation Ordinance, and Adopt Resolution (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize acceptance of grant and the entering into contract with the Texas Department of Housing and Community Affairs for the Homeless Housing and Services funds for$458,127.00; 2. Authorize the execution of contract with Fort Worth Housing Solutions to provide rental assistance to at least 60 permanent supportive housing clients; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Operating State Fund in the amount of$458,127.00 upon notification of award; and 4. Adopt the attached Resolution. DISCUSSION: The State of Texas provides grant funding for the Homeless Housing and Services Program (HHSP) administered by the Texas Department of Housing and Community Affairs (TDHCA) to nine municipalities with a population of 285,500 or greater, including the City of Fort Worth. The HHSP funds may be used to provide rental assistance, case management and other services or housing options to reduce homelessness. The HHSP grant funds are currently used by Fort Worth Housing Solutions to provide rental assistance to 60 persons for permanent supportive housing annually. The State of Texas allows municipalities to designate a sub-recipient for TDHCA to contract with on behalf of the recipient of HHSP funds. In the past, the City of Fort Worth designated the United Way of Tarrant County to be the recipient of the grant. The United Way has requested to be removed as the City of Fort Worth's sub-recipient due to capacity. The City's Directions unit will administer the HHSP funds and monitor the sub-recipient, Fort Worth Housing Solutions. The sub-recipient will continue to support the 60 permanent supportive housing clients. As clients gain self-sufficiency, this grant will enable more people currently experiencing homelessness to be housed.7he subgrant agreement will be from September 1, 2019 to August 31, 2020. This contract will be with a governmental entity, state agency or public institution of higher education: Texas Department of Housing and Community Affairs (TDHCA). An assistant city manager is authorized to execute contract. If accepted, grant will begin on September 1, 2019. apps.fortworthtexas.gov/council_packet/mc_review.asp?ID=27103&councildate=8/27/2019 1/2 9/1/2020 M&C Review A Form 1295 is not required for this contract because: This contract will be with a governmental entity, state agency or public institution of higher education: TDHCA FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that, upon acceptance of the above recommendations, receipt of the grant funding and adoption of the attached appropriation ordinance, funds will be available in the Grant Operating State Fund, as appropriated. This is a reimbursement grant. The Directions Home unit will be responsible for the verification and submission of documents for these funds. Prior to expenditure being made, the Directions Home unit has 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 Account Project Program Activity Budget Reference# Amount ID I I ID I Year Chartfield 2 Submitted for City Manager's Office by_ Fernando Costa (6122) Originating Department Head: Tara Perez (2235) Additional Information Contact: Tara Perez (2235) ATTACHMENTS 02HOMELESS HOUSING AND SERVICES PROGRAM 21002 A019.docx HHSP Resolution.pdf a pps.fortworthtexas.gov/council_packet/mc_review.asp?ID=27103&councildate=8/27/2019 2/2