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HomeMy WebLinkAboutContract 54320-A1CSC No. 54320-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 54320 This Amendment ("Amendment") is entered into by and between the City of Fort Worth ("Ciry") and Housing Channel ("Agency") by and through their respective duly authorized agents. City and Agency may be referred to individually as "Party" and collectively as"Parties." WHEREAS, City and Agency made and entered into City Secretary Contract No. 54320 ("Contract") on June 23, 2020; WHEREAS, the Contract provides funding to Agency pursuant to a grant received by City from the United States Department of Housing and Urban Development ("HUD") through the Community Development Block Grant Program ("CDBG"), Program No. B-19-MC-48-0010, Catalog of Federal Domestic Assistance No. 14.218, and through an additional allocation of CDBG grant monies under the Coronavirus Aid, Relief, and Economic Security Act ("CARES" Act), referenced by HUD as "CDBG-CV"; WHEREAS, the CDBG regulations and related HUD guidance publications establish all requirements for the CDBG-CV funds except for those specifically described in the Contract, and this Amendment, as deriving from the CARES Act; WHEREAS, Agency was selected to use CDBG-CV funds for an emergency rental assistance program to serve individuals and families, 100% of whom must be low and moderate income; WHEREAS, City has proposed an amendment to the Contract increasing the amount of funds, extending the term, and authorizing provision of mortgage assistance for income-eligible households and an extension of the client assistance periods for the provision of rental or mortgage assistance to better address the needs of City residents; WHEREAS, the Parties believe that this amendment will help Agency meet the program's goals and further the interests of both Agency and City; and WHEREAS, it is the mutual desire of City and Agency to amend the Contract to meet the Contract and program obj ectives. I. EXHIBIT "A" — Program Summary and EXHIBIT "B" - Budget attached to the Contract is hereby amended and replaced in their entirety with the REVISED EXHIBIT "A" — Program Summary and REVISED EXHIBIT "B" — Budget, updated as of February 19, 2021, attached hereto. II. SECTION 3. TERM of the Contract is amended as follows: The iirst sentence is revised to read "The term of this Contract begins on the Effective Date and terminates on December 30, 2022 unless earlier terminated as provided in this Contract." III. Section 5.31 Program Performance Milestones of the Contract is amended as follows: The table summarizing goals for Expenditure and Unduplicated Clients Served is replaced in its entirety with the table below: OFFICIAL RECORD AmendmentNo. 1 to CSCNo. 54320 CITY SECRETARY Housing Channel (CDBG-CV) FT. WORTH, TX Unduplicated Unduplicated CDBG-CV Intake/Referral/Housing Direct Assistance Clients Counseling Services as specified in EXHIBIT Clients as specified in Date "A" — Program Amended EXHIBIT "A" Month Expenditures Summar — Pro ram Summar 6 Dec.30, 2020 15% 15% N/A 12 June 30, 2021 20% 20% 25% 15 Sept 30, 2021 30% 30% 30°/a 18 Dec 30, 2021 40% 40% 40°/a 21 March 30, 2022 55% 55% 55% 24 June 30, 2022 70% 70% 70°/a 27 Sept. 30, 2022 80% 80% 80°/a 30 Dec. 30, 2022 100°/a 100°/a 100% Section 5.33 of the Contract is replaced in its entirety as follows: "Failure to meet at least 80% of its performance milestones under this Contract or serve 148 Unduplicated Clients with Direct Rental or Mortgage Assistance with CDBG-CV funds, or to serve at least 506 Unduplicated Clients with Intake/Referral/Emergency Housing Assistance Counseling Services in support of all direct assistance funding sources, may, in City's sole discretion, disqualify Agency for consideration under future City Requests for Proposals for federal grant funds. IV. Section 6.1.1. CLIENT ELIGIBILITY VERIFICATION, Agency Clients of the Contract is revised as follows: The first three sentences of this Section are replaced with the following: "Agency must verify all new clients' income with Source Documentation, or, only if Source Documentation is not available, with a verifiable self-certification of income such as the City's Certification of Income Statement attached as EXHIBIT "E" — Form of Income Self-Certi�cation or a similar form approved by City. For clients served by TERAP Funds, such similar form includes use of TDHCA Tenant Income Certification Forms and Household Income Certification Forms. Agency must use the annual income definition in 24 CFR Part 5.609 to establish applicable clients' incomes and must use the most current HUD Income Guidelines. The income of all Program clients must be documented. For clients assisted with direct financial rental or mortgage assistance, 100% must be Income Eligible Clients. For clients provided with Intake/Referral/Housing Counseling Services, 51 % must be Income Eligible Clients." V. SECTION 9.2.3. ATTACHMENT III Client Data Report of the Contract is revised as follows: A second subparagraph to this section is hereby added and reads as follows: "9.23.2 Separate Client Data Reports shall be submitted for the Rental/Mortgage Assistance Program and the Intake/Referral/Housing Counseling Program. For the Rental/Mortgage Assistance program, 100% of client households must have Low to Moderate Incomes. For the Intake/Referral/Housing Counseling Program, at least 51% of clients must have Low to Moderate Incomes." VI. SECTION 17. INSURANCE AND BONDING of the Contract is revised as follows: The first sentence of this section is revised to read: "Agency will maintain coverage in the form of insurance or bond in the amount of $767,000 to insure against loss from the fraud, theft or dishonesty of any of Agency's Amendment No. 1 to CSC No. 54320 Page 2 Housing Channel (CDBG-CV) officers, agents, trustees, directors or employees." VII. This amendment is effective as of March 3, 2021 and Agency may request reimbursement for allowable costs, including pre-award costs, directly related to implementation of the RentaUMortgage Assistance Program and the Intake/ReferraUHousing Counseling Program, as authorized by the CARES Act and CPD Notice FR-6218-NO1. . VIII. All terms and conditions of the Contract not amended herein remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified by the Parties. Capitalized terms not defined herein shall have the meanings assigned to them in the Contract. [SIGNATURE PAGE FOLLOWS] Amendment No. 1 to CSC No. 54320 Page 3 Housing Channel (CDBG-CV) ACCEPTED AND AGREED: HOUSING CHANNEL �B`�� vGZ.i�/�� By; Donna VanNess (Mar 19, 202110:26 MDT) Donna VanNess, President ATTEST: ,d����� �� ,o,p� FORT �� p �Fa00000000�L d� o � l� ° G�� ���I�d �va �_� � � o d 0 o*� d�°°ao oo� � � a0000 b By: � � nEXASa�' City Secretary Attorney M&Cs: 20-0330 and 20-0471 1295 Certification No. 2020-623418 Date: 5/26/2020 APPROVED: �— By_ � ��_ Victor Turner, Director CONTRACT COMPLIANCE MANAGER: CITY OF FORT WORTH � cL By: Fernando Costa (Mar 19, 202112:18 CDT) Fernando Costa, Assistant City Manager APPROVE AS TO FORM AND LEGALITY: � �•w-� By: Taylor Paris, Assistant City Ordinance No. 24161-04-2020 By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all perf rmance and reporting requirements �,�.�.. Barbar� y(Mar 19, 20211L27 CDT) Barbara Asbury, Compliance and Planning Manager Amendment No. 1 to CSC No. 54320 Housing Channel (CDBG-CV) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX HOUSING CHANNEL Emergency Rental and Mortgage Assistance REVISED PROGRAM SUMMARY (CDBG-C� MARCH 13, 2020 to SEPTEMBER 30, 2022 PERIOD $767,000 AMOUNT Capitalized terms not defined herein shall have meanings assigned them in theContract. PROGRAM: The Program will provide all services related to administering the Emergency Rental and Mortgage Assistance program for eligible Fort Worth families who have been impacted by COVID-19 and have incomes at or below 80% of the area median income. Participants will be required to provide documentation of the impact of COVID on their household and pay no more than 30% of their income toward their rental or mortgage cost. In addition, the program will provide counseling services to the eligible clients to include financial literacy and budget management to assist with short and long term financial sustainability. The program will also provide intake, referral, and appropriate housing counseling services to households assisted with funds received via the State of Texas Department of Housing and Community Affairs (TDHCA) Texas Emergency Rental Assistance Program (TERAP) and the Texas Eviction Diversion Program (TEDP), or with other funding sources providing direct financial assistance to income eligible households. In order to ensure that duplication of rental assistance benefits does not occur through the use of federal CARES Act funds, intake for the Program's direct financial rental assistance will be performed, to the maximum extent feasible, on the City's Neighborly Software application portal or other designated online software application platform, as such software application becomes available. Agency will accept referrals for emergency rental assistance from Tarrant County Justice of the Peace Courts for implementation of TEDP, and will participate in City's approved appeals process for the TERAP and TEDP programs. CDBG-CV funds will be used to pay for pay for 100% of direct costs for the program coordinator salary, FICA, 28% of health insurance, a computer and direct financial assistance for rent and mortgage, payments. Funds will also be used to pay for staff salaries and benefits costs, and related operational costs of the TERAP and TEDP programs including associated costs of communication and coordination with Justice of the Peace Courts and other program partners. Agency's office and Program services will be available at 4200 South Freeway, Suite 307, Fort Worth, TX 76115, Monday through Friday, 8:00 a.m. to 5:00 p.m. Agency shall not change any locations without prior City approval. Costs incurred at any locations that have not been approved by City shall not be reimbursed. EXHIBIT "A" PROGRAM SUMMARY CDBG-CV PSA CONTRACT 2020 — Exhibit "A" Amendment 1— PROGRAM SUMMARY HOUSING CHANNEL REGULATORY CLASSIFICATION: IDIS Matrix Code(s) and Service Category: OSU Housing Counseling and OSS (Rental Housing Subsidies) National Objective Citation: LMC Low/Mod Limited Clientele 24 CFR 570.208(a)(2) Regulatory Citation(s): 24 CFR 570.201(e) REGULATORY CLASSIFICATION: Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 Agency will maintain documentation which veri�es that 100% of clients served by the Direct Financial Assistance Program are Income Eligible Clients, and that at least 51% of clients served by the Intake/Referral/Housing Counseling Program are Income Eligible PROGRAM GOALS: Minimum Number of Fort Worth Clients to be Served: The Program must serve a minimum of 254 Unduplicated Clients from Fort Worth with direct Rental or Mortgage Financial Assistance as shown by the monthly reports on Attachment III (based on an estimated average of $4800 per client direct financial assistance provided through CDBG-CV or TERAP Funds); and will also serve 654 Unduplicated Clients with Intake/Referral/Housing Counseling Services Agency shall not be penalized for serving fewer clients with direct financial assistance if the per-client average dollar amount of assistance is greater than $4800. CDBG-CV PSA CONTRACT 2020 — Exhibit "A" Amendment 1— PROGRAM SUMMARY HOUSING CHANNEL AMF,NDED EXHiBiT "B" - BUDGET Account Grant Budget A B D Total PROGRAM PERSONNEL Salarics 1001 $ 104,500.00 $ 104,500.00 FTCA 1002 $ 9,305.00 $ 9,305.00 Life/Disability Insurance 1003 $ - Health/DentalInsurance 1004 $ 21,977.00 $ 4,631.00 $ 26,608.00 Unemployment-State 1005 $ - Workcr's Compcnsalion 1006 $ - Rclircmcnl 1007 $ - SUPPLIES AND SERVICES Officc/Program Supplics 2001 $ 3,600.00 $ 3,600.00 Postagc 2002 $ - Printing 2003 $ - Computers 2004 $ 2, I I 8.00 $ 2,1 18.00 Books 2005 $ - MISCELLANEOUS Conhact Labor (City needs copy of contract before expenses can be reimbursed) 3001 $ - Food Supplies 3002 $ - Teaching Aids 3003 $ - Crafr Supplies 3004 $ - Field Trip Expenses 3005 $ - Mileage 3006 $ - OtherQ 3008 $ - FACILITY AND UTILITIES Telephone 4001 $ 1,200.00 $ 1,200.00 Electric 4002 $ - Gas 4003 $ - Water and Wastewater 4004 $ - Solid Waste Disposal 4005 $ - Rent (City needs copy of lease before expenses can be reimbursed) 4006 $ - Cleaning Supplies 4007 $ - OthcrQ 4ppg � _ LEGAL, FINANCIAL AND INSURANCE Fidelity Bond or Equivalent 5001 $ - Directors and Officers 5002 $ 2,740.00 $ 2,740.00 General Commercial Liabiliry �003 $ 2,500.00 $ 2,500.00 Other(Loanlnterest) �004 $ - DIRECT ASSISTANCE Other-T6RA 6001 $ 625,500.00 $ 625,500.00 BUDGET TOTAL $ 767,000.00 $ 11,071.00 $ - $ - $ 778,071.00 FLJNDING A: Housing Channel program income FUNDING B: FUNDING C: FUNDING D: CDBG CV 100% CONTRACT 2020 - EXHIBIT "B" HOUSING CHANNEL Page 1 The following tables were created for the purpose of preparing, negotiating, and determining the cost reasonableness and cost allocation method used by the Agency for the line item budget represented on the first page of this EXHIBIT "B" — Budget. The information reflected in the tables is to be considered part of the terms and conditions of the Contract. Agency must have prior written approval by the City to make changes to any line item in the Budget as outlined in Section 5.2.2 in the Contract. The deadline to make changes to EXHIBIT "B" — Budget is June 01, 2022. SALARY DETAIL-PROGRAM PERSONNEL Est. Percent to Position Title Annual Salary Grant Amount to Grant Program Coodinator $ 38,000.00 100.0% $ 38,000.00 Intake Coordinator $ 34,000.00 100.0% $ 34,000.00 President $ 32,500.00 25.0% $ 32,500.00 TOTAL $ 104,500.00 100.0% $ 104,500.00 FRINGE DETAIL-PROGRAM PERSONNEL Percent of Est. Percent to Payroll Amount Grant Amount to Grant FICA 100.00% $ 9,305.00 100.0% $ 9,305.00 Health/DentalInsurance $ 26,608.00 82.6% $ 21,977.00 TOTAL $ 35,913.00 87.1% $ 31,282.00 SUPPLIES AND SERVICES Est. Percent to Total Budget Grant Amount to Grant Office/supplies $ 3,600.00 100% $ 3,600.00 Computer $ 2,118.00 100% $ 2, ll 8.00 TOTAL $ 5,718.00 100.0% $ 5,718.00 MISCELLANEOUS Est. Percent to Total Budget Grant Amount to Grant Contract labor 0 $ - TOTAL $ - $ - FACILITY AND UTILITIES Est. Percent to Total Budget Grant Amount to Grant Telephone $ 1,200.00 0 $ - Electric Gas Water and Wastewater CDBG CV 100% PSA CONTRACT 2020- EXHIBIT "B" - BUDGET HOUSING CHANNEL Page 2 Solid Waste Disposal Rent Cleaning Supplies Other TOTAL $ 1,200.00 $ - LEGAL, FINANCIAL AND 1NSURANCE Est. Percent to Total Budget Grant Amount to Grant Fidelity Bond or Equivalent Directors and Officers $ 2,740.00 General Commercial Liability $ 2,500.00 Other $ - TOTAL $ 5,240.00 $ - DIRECT ASSISTANCE Est. Percent to Total Budget Grant Amount to Grant Direct Assistance $ 625,500.00 100.0% $ 625,500.00 TOTAL $ 778,071.00 98.6% $ 767,000.00 CDBG CV 100% PSA CONTRACT 2020- EXHIBIT "B" - BUDGET HOUSING CHANNEL Page 3