HomeMy WebLinkAboutContract 51951-A3 CSC No. 51951 -A3
THIRD AMENDMENT TO CITY SECRETARY CONTRACT NO. 51951
This Amendment ("Amendment")is entered into by and between the City of Fort Worth("City")
and Trinity Habitat for Humanity("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 receives grant monies from the United States Department of Housing and Urban
Development through the Community Development Block Grant("CDBG")Program,Program No. B-19-
MC-48-0010,Catalog of Federal Domestic Assistance No. 14.218;
WHEREAS, a national objective of the CDBG program is to benefit low and moderate income
citizens in accordance with 24 CFR Part 570, as amended from time-to-time;
WHEREAS, City and Agency made and entered into City Secretary Contract No. 51951
("Contract") on January 1, 2019;
WHEREAS,the Contract is set to expire on September 30, 2021;
WHEREAS,the City Council authorized the City Manager or his Designee to extend the Contract for
an additional period of time if necessary for completion of the Program(M&C G-19326);
WHEREAS, the Agency requested an additional extension of the Term of the Contract to expend
remaining CDBG Funds for the repair of additional homes required for completion of the Program and the
City agreed to such extension;
WHEREAS, the Agency requested an amendment from City in order to adjust the
Construction/Building Materials line item due to excess costs associated with construction materials. Agency
and City wish to add funds to Construction/Building Materials and decrease funds in the FICA category to
cover the excess construction materials costs;
WHEREAS, the Agency requested additional funds from City in order to increase the
Construction/Building Materials line item by $80,000.00 due to excess costs associated with construction
materials. City will re-appropriate prior year CDBG funds;
WHEREAS, the City approved this adjustment because it believes that the requested 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 amend the contract
line item budgets to afford the City ability to process final invoice, complete the Program, and meet Contract
obj ectives.
NOW,THEREFORE,City and Agency hereby enter into this Amendment to memorialize the Parties'
agreement to amend the Contract as follows:
I.
A. Section 3 TERM is hereby deleted and replaced with the following language:
3. TERM,
The term of this Contract begins on the Effective Date and terminates on December 31, 2021, unless
earlier terminated as proved in this contract.
PRESERVE-A-HOME CONTRACT OFFICIAL RECORD
AMENDMENT No.3 to CSC No.51951 CITY SECRETARY
TRINITY HABITAT for HUMANITY FT.WORTH,Tx
Section 5.2.4 Payment of CDBG Funds to Agency is hereby deleted and replaced with the following
language:
5.2.4 Payment of CDBG Funds.
CDBG Funds will be disbursed to Agency upon City's approval of Reimbursement Requests
including submission of Complete Documentation to City in compliance with Section 9. If Agency expends
all funds budgeted for the Program prior to September 30,2021, City may hold back a small amount of the
CDBG funds until the end of the term. During this interim period,Agency must continue to submit
Attachment III-Client Data Report in Exhibit"D"—Reimbursement Forms monthly.It is expressly
agreed by the Parties that any CDBG Funds not spent or approved for reimbursement to Agency shall
remain with City.
II.
B. Exhibit`B" Budget and detail attached to the Contract is hereby amended and replaced in
its entirety with EXHIBIT"B"Budget and detail, Revised July 2021, attached hereto.
III.
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.
IV.
This Amendment is effective immediately upon execution.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
PRESERVE-A-HOME CONTRACT Page 2
AMENDMENT No.3 to CSC No.51951
TRINITY HABITAT for HUMANITY
ACCEPTED AND AGREED:
TRINITY HABITAT FOR HUMANITY CITY OF FORT WORTH
M/Ghe--Zl aLligg'
By:Michelle Kennedy(Aug 11,2021 1:: 7 CDT) By: Fernando costa(Sep 13,202109:44 CDT)
_
Michelle Kennedy, Senior Director of Operations Fernando Costa, Assistant City Manager
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ATTEST: o�°0°ART Ilaa APPROVE AS TO FORM AND
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LEGALITY:
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By. C U By._ P 15�0�3,2
Ron Gonzales,Acting City Secretary Taylor Paris,Assistant City Attorney
M&C: G-19326
Date: June 26, 2018
APPROVAL RECOMMENDED:
By:
Victor Turner, Director
Neighborhood Services
CONTRACT COMPLIANCE MANAGER:
By signing below, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements
'L.' 7 -
Chad LaVoque(Sep 12,202109:16 CDTJ
Chad LaRoque, Compliance and Planning Manager
Neighborhood Services
PRESERVE-A-HOME CONTRACT
AMENDMENT No.3 to CSC No. 5I951
TRINITY HABITAT for HUMANITY
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
EXHIBIT"B"-BUDGET
AGENCY NAME:Trinity Habitat for Humanity
Salaries 1001 $ 54,000.00 $ 36,000.00 $ 90,000.00
FICA 1002 $ 4,381.00 $ 4,000.00 $ 8,381.00
Life/Disability Insurance 1003 $ -
Health/Dental Insurance 1004 $
Unemployment-State 1005 $
Worker's Compensation 1006 $
Retirement 1007 $
..: �,�alL�.YI+�,H. „� ?..�„�. ..,,,.. .. s `',a 3,.....' .���. ..�... �.:.�^•� v i `\� a"y'� ° `�`�. ,.
Office/Program Supplies 2001 $
Postage 2002 $
Printing 2003 $
Computers 2004 $
Books 2005 $
ISCI .:,, 3
a ......
Construction/Building Materials 3001 $ 421,619.00 $ 60,000.00 $ 481,619.00
Contract Labor(City needs copy of
contract before expenses can be
reimbursed) 3002 $ -
Food Supplies 3003 $
Teaching Aids 3004 $
Craft Supplies 3005 $
Field Trip Expenses 3006 $
Mileage 3007 $
Other O 3008 $
OtherO 3009 $
Telephone 4001 $
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 $
Other( 4008IN $
F
�r
9d
Fidelity Bond or Equivalent 5001 $
Directors and Officers 5002 $
General Commercial Liability 5003 $
Other() 5004 $
5 y:.
OtherO 6001 $ -
BUDGET TOTAL $ 480,000.00 $ $ 100,000.00 $ $ $ 580,000.00
FUNDING A:Donated Funds
FUNDING B:Trinity Habitat Match Funds
EXHIBIT"B"-BUDGET
9/2/2021 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA Fo
RTWoRn
COUNCIL ACTION: Approved on 6/26/2018
REFERENCE DATE: 6/26/2018 REF REF G-19326 LOG NAME: 19ADOPT 2018NOFA RECOMMENDATIONS
NO.CODE: G TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Adopt Funding Recommendations and Authorize Change in Use and Expenditure of
Community Development Block Grant Funds in the Amount of$1,000,000.00 and HOME
Investment Partnerships Program Grant Funds in the Amount of$1,056,000.00, Authorize
Execution of Related Contracts, Authorize Substantial Amendments to the City's 2011-12,
2013-14, 2014-15, 2015-16, 2016-17, and 2017-18 Action Plans, and Authorize Substitution of
Funding Years (COUNCIL DISTRICTS 3, 5, 8 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize substantial amendments to the City's 2011-12, 2013-14, 2014-15, 2015-16, 2016-17, and
2017-18 Action Plans;
2. Authorize the City Manager or his designee to substitute current and prior funding years in order to
meet commitment, disbursement and expenditure deadlines for use of grant funds from the United States
Department of Housing and Urban Development ;
3. Adopt the funding recommendations from the City's Community Development Council listed below,
4. Authorize the change in use and expenditure of$1,000,000.00 in prior years Community Development
Block Grant funds and $1,056,000.00 in prior and current years HOME Investment Partnerships Program
grant funds to the entities for the projects listed below,
5. Authorize the City Manager or his designee to execute contracts with the entities for the projects on the
terms and conditions listed below,
6. Authorize the City Manager or his designee to extend the contracts for two one-year extensions if such
extension is necessary to complete the projects; and
7. Authorize the City Manager or his designee to amend the contracts if necessary to achieve project
goals provided that the amendment is within the scope of the project and in compliance with City policies
and applicable laws and regulations governing the use of federal grant funds.
DISCUSSION:
On February 9, 2018, the Neighborhood Services Department issued a Notice of Funding Availability
(NOFA) and Request for Qualifications (RFQ) for available prior and current years Community
Development Block Grant (CDBG) funds and HOME Investment Partnerships Program (HOME)
grant funds from the United States Department of Housing and Urban Development (HUD) for eligible
projects throughout the City. The purpose of the NOFA and RFQ was to integrate the use of federal grant
funds with existing City priorities in order to maximize positive and visible outcomes for neighborhoods,
align planning for the use of federal grant funds with the City's corporate decision-making processes for
capital funding and identify and rank potential projects for both current and future years. A total of 29
proposals in response to the NOFA and RFQ were received from City departments, nonprofit agencies
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and affordable housing developers.
Staff reviewed all of the proposals and developed recommendations for allocations of the CDBG and
HOME funds and presented them to the Community Development Council (CDC) on May 16, 2018. The
CDC considered the recommendations and voted to recommend the ones listed below in Tables1 and
2. Staff presented the CDC's recommendations to the Housing and Neighborhood Services Committee
on June 5, 2018 and to the City Council at its Work Session on June 12, 2018. In addition, a notice of a
30-day public comment period was published in the Fort Worth Star-Telegram on May 25,
2018. Summaries of the CDC's recommendations for use of CDBG and HOME funds from the NOFA are
provided in Tables 1 and 2.
f TABLE 1
FCDBG Projects: Amount
Fort Worth Area Habitat for Humanity, Inc. d/b/a Trinity Habitat for Humanity"Preserve a Home" $400,000.00
Repair Program: Repair assistance for approximately 30 low and moderate income homeowners for $600,000.00
exterior home repairs such as siding, painting, roofs, doors,windows or other improvements, to
promote neighborhood revitalization in the Como, Ash Crescent, Hillside/Morningside and Carver
Heights East neighborhoods. (COUNCIL DISTRICTS 3, 5, 8 and 9)
CDBG Contract Terms:
1. One year contract term beginning on the date of execution; and
2. Extend or renew the contract for up to one additional year if the agency requests an extension and
such extension is necessary for the completion of the project.
Z Boaz South Park Improvements: Park and facility improvements including covered playground
accessible to children, guard rail to protect the park, adult work-out area, senior and handicap-friendly
walking and cycling trails, covered pavilion with benches, lighting and beautification with
landscaping. (COUNCIL DISTRICT 3)
f
r TABLE 2
F_ HOME Project: Amount
Mistletoe Station, LLC : Construction of the Mistletoe Station Apartments, a new 110-unit mixed $1,056,000.00
income multifamily rental housing development, including eight Permanent Supportive Housing units,
located at 1916 Mistletoe Boulevard, Fort Worth, TX 76104. Financing will be provided by award of
2017 9%tax credits, first lien construction/permanent loans, a loan from the Fort Worth Housing
Finance Corporation (FWHFC), and the City's HOME loan. The Southside/Medical District TIF will
provide$2.6M for infrastructure improvements to benefit both the project and the surrounding
neighborhoods and commercial properties. The City has also provided certain development fee
waivers. (COUNCIL DISTRICT 9)
HOME Contract and Loan Terms:
1. Designate HOME-assisted units according to HOME regulations with a 20 Year Affordability Period;
2. Secure payment of the HOME funds and performance of the HOME requirements by a Deed Trust;
3. Contract and loan term to commence on execution and run concurrently with the Affordability
Period;
4. HOME loan subordinate only to first lien construction/permanent financing and FWHFC loan;
5. Interest rate of one percent or the Applicable Federal Rate,whichever is less;
6. Payments of principal and interest out of net cash flow to begin no later than 12 months after
conversion;
7. Construction completed within 3 years; and
8. Payment and performance bonds in full construction amount or acceptable payment and completion
guarantee.
The expenditure of HOME funds is conditioned upon the following_
1. Equity, construction and permanent financing acceptable to City;
2. Satisfactory completion of 24 CFR Part 58 environmental review;
3. Receipt of authorization to use grant funds from HUD; and
4. Closing on equity and all other financing for the development.
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Staff recommends that contracts be executed with the parties for the for the projects in the amounts and
on the terms listed in Tables 1 and 2. HUD regulations for the use of CDBG funds require that
Interdepartmental Letters of Agreement be executed for the use of these federal grant funds by City
departments.
Staff recommends the change in use and expenditure of$1,000,000.00 in prior years CDBG funds and
$1,056,000.00 in prior and current years HOME funds for the listed projects which will benefit moderate,
low and very low income City Citizens. All expenditures of CDBG and HOME funds are subject to
satisfactory completion of an Environmental Record Review per 24 CFR Part 58 and receipt of
authorization to use grant funds from HUD. Action Plan funding years selected may vary and be
substituted in order to expend the oldest grant funds first. A public comment period on the change in use
of these prior and current years CDBG and HOME funds was held from May 25, 2018.to June 25, 2018.
Any comments are maintained by the Neighborhood Services Department in accordance with federal
regulations.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, funds will be
available in the current operating budget, as appropriated, of the Grants Operating Federal Fund. The
Neighborhood Services Department is responsible verifying sufficiency of funding before disbursement.
This is a reimbursement grant.
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 ID I Year (Chartfield 2)
Submitted for City Manager's Office by_ Fernando Costa (6122)
Originating Department Head: Aubrey Thagard (8187)
Additional Information Contact: Chad LaRoque (2661)
ATTACHMENTS
Habitat 1295.pdf
mistletoe station map-Corrected.pdf
MS 1295.pdf
ZboazParkSouth.pdf
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