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HomeMy WebLinkAboutContract 55612-A1 CSC No.55612-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 55612 WHEREAS the City of Fort Worth ("City") and Housing Channel ("Agency") made and entered into City Secretary Contract No. 55612 ("Contract"); WHEREAS, the Contract provides funding to Agency pursuant to a grant received by City from the United States Department of Treasury through the Emergency Rental Assistance Program authorized by the U.S Congress in December 2020 by the Consolidated Appropriations Act("The Act") of 2021; WHEREAS, the purpose of the Emergency Rental Assistance Program was to ensure housing stability for low income individuals and families that are renters and that had been negatively impacted by the Coronavirus Pandemic, and to the greatest extent possible prevent evictions of such families; and WHEREAS, Agency has determined that continued provision of Emergency Rental Assistance through the U.S. Department of Treasury Funds and the updated guidance for use of ERA Funds, is not the best use of Agency's resources and not directly consistent with Agency's primary mission of developing new affordable housing and providing housing counseling in support of homeownership; and WHEREAS;Agency and City have mutually agreed to reduce total Contract funding and terminate the contract following a phased transition of client services and records, and WHEREAS, City acknowledges that Agency has played a significant and positive role in participating with the Fort Worth Emergency Rental Assistance Program to deliver vital services to persons in need; and WHEREAS, Agency remains a Program Partner in good standing with the City and the mutual decision to reduce funding, terminate the Contract, and end direct provision of U.S. Treasury Emergency Rental Assistance will not affect agency's compliance standing with regard to award of other affordable housing funds from such programs as the Community Development Block Grant and HOME Investment Partnerships Program; and WHEREAS,it is the mutual desire of the City and Agency to amend the Contract in order to reduce Agency's funding, establish a shorter term, and revise the scope of services to ensure smooth handoff of client services and reporting data and thereby complete the Program and meet updated Contract objectives; NOW, THEREFORE, City and Agency hereby agree to amend the Contract as follows: 1. Section 3 TERM is amended by replacing the first sentence with the following: "This Contract begins on execution and expires on December 31,2021 unless earlier terminated as provided in this Contract (the "Initial Term") and covers eligible expenditures incurred between the Effective Date and December 31, 2021." 11. Section 4 DUTIES AND RESPONSIBILITIES OF CITY is amended by revising the first paragraph as follows: OFFICIAL RECORD Amendment No 1 to CSC No 55612 CITY SECRETARY Housing Channel(Treasury Emergency Rental Assistance) FT.WORTH,TX 4.1 Provide FWERAP Funds. "City shall provide up to $1,630,000.00 of ERA Funds under the terms and conditions of this Contract." III. Section 5, DUTIES AND RESPONSIBILITIES OF AGENCY is amended by adding the following subsections 5.7 Transition of Records and Referral of Client Services "Agency will coordinate with City and City's designated Program Partners to transfer client records and services in a manner to ensure appropriate level of customer service on behalf of clients and complete transfer of all required information. Agency will work proactively with City to correct all errors in Neighborly Software database and will provide all required and updated client and financial data in Neighborly Software, to ensure that performance, budget status, and financial information is accurately reflected on final reports. All such database corrections and report submissions shall be completed no later than January 31, 2022." IV. Section 9, DISBURSEMENT AND REIMBURSEMENT REQUIREMENTS is amended by adding the following subsection: 9.1.3 Deadline for Submission of All Payment Requests "Notwithstanding all preceding Disbursement and Reimbursement Requirements, all such requests for payment following contract termination must be received no later than January 31, 2022." V. The Scope of Services and Client Service and Expenditure Goals Table provided in Exhibit"A" —Program Summary attached to the Contract is hereby replaced with the attached Revised Exhibit A which includes Revised Client Service Performance Milestones and Expenditure Goals Table, with client numbers adjusted to reflect decreased funding level. Scope of Services is also revised to include transfer of client service to other Program Partners prior to contract termination, correction of data errors or inconsistencies in Neighborly software, and overall clients served milestones and expenditure milestones based on actual average assistance amounts provided to Emergency Rental Assistance clients to date. VI. Unless otherwise specified,this amendment is effective as of October 1, 2021. Amendment No 1 to CSC No 55612 Page 2 Housing Channel(Treasury Emergency Rental Assistance) VII. 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. [SIGNATURES APPEAR ON FOLLOWING PAGE] Amendment No 1 to CSC No 55612 Page 3 Housing Channel(Treasury Emergency Rental Assistance) AGREED AND ACCEPTED: HOUSING CHANNEL CITY OF FORT WORTH Donna VanNess 7 cz— By: Donna vanNess(Nov 11,202116:47 CST) By: Fernando Costa(Nov 18,202116:48 CST) Donna VanNess, President Fernando Costa,Assistant City Manager ATTEST: APPROVE AS TO FORM AND LEGALITY: By: qNka �l �c,� o By: Ronald Gonzales,Acting City Secretary Taylor Paris,Assistant City Attorney M&C: 21-0111 ga��FORrn�a Date: February 16, 2021 'r0*� o °°°°°° ly& 0�o °OAO �vo0 0 RECOMMENDED BY: �� id ° �/ >1 4,9 n000000 EX45oZ By: Victor Turner, Director—Neighborhood Services Department 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 Barbara Asbury(Nov 12,202112:26 CST) Barbara Asbury Compliance and Planning Manager OFFICIAL RECORD Amendment No 1 to CSC No 55612 CITY SECRETARY Housing Channel(Treasury Emergency Rental Assistance) FT.WORTH,TX Housing Channel EXHIBIT"A": REVISED TREASURY DEPARTMENT RENTAL PROGRAM SUMMARY ASSISTANCE PROGRAM SUMMARY: REVISED January 11,2021—December 31,2021 $1,630,000.00 CONTRACT TERM AMOUNT Capitalized terms not defined herein shall have meanings assigned them in the Contract. PROGRAM: The goal of the program is to provide emergency rental assistance, utility assistance, and related housing assistance payments and services on behalf of income-eligible Fort Worth residents who have been impacted by COVID-19 in order to help them maintain housing stability. The Program serves clients and ensures housing stability by screening for eligibility under the Fort Worth Emergency Rental Assistance Program (FWERAP) authorized by Division N of the Consolidated Appropriations Act of 2021,making payments to landlords,utility companies,or related vendors of housing services, following up with clients to confirm ongoing housing status, and re-certifying tenant household eligibility on a quarterly basis if they continue to need rental assistance. The Program also provides clients with appropriate information and referral to other social services or employment services as may be requested or recommended. During the Closeout Phase (final month of the Contract) of Agency's Emergency Rental Assistance Program,Agency will make referrals of all clients whose approval or payment status is "pending" for whom payment cannot or will not be processed prior to December 31,2021,to the City of Fort Worth or to other nonprofit program partners as designated by the City, to facilitate effective transition of services. Agency will ensure that all financial and client data and status information is up-to-date and correct in Neighborly Software as of the date of submission of final payment requests (January 31,2022). The Program will provide services to clients based on FWERAP Eligibility Guidelines as follows: • All eligible clients must demonstrate housing instability as established by FWERAP Policies and Procedures as updated from time to time by City in consultation with program partners, must document that their financial hardship was caused by and/or is related to the Coronavirus Pandemic, and must have household incomes under 80% of Area Median Income. • Eligible clients will receive 3 months' rent, for the current month and 2 future months, in addition to payment of all arrearages, as well as any current month's utility payments (electricity, gas) that have been shown to be past due. The period of assistance may be extended for up to 12 months pending recertification of client eligibility every three months. • Agency will use Neighborly Software or other application platform designated by the City of Fort Worth, for processing client applications, communicating with applicants, maintaining all required data, and preparing reports. Amendment No 1 to CSC No 55612 Page 5 Housing Channel(Treasury Emergency Rental Assistance) • Categorical Eligibility demonstrating that client household income is at or below 80%AMI may be documented through a determination letter from another local, state or federal government assistance program (such as Supplemental Nutritional Assistance Program — (SNAP/Food Stamps)within 12 months of date of application, provided the dollar amount of the household income is indicated on the determination letter. • Housing instability may be documented by past due rent or utility notice, or other means as further described in the FWERAP Policies and Procedures. • Agency will update client service practices, policies, procedures, and implementation of the program in accordance with guidance received from the City and the U.S Treasury, as it is communicated to Agency throughout the term of the Contract. The Program will meet the following client service and funds expenditure goals: Funds Number of Obligated Number of Clients (committed Clients Served Percent of Amount of Contract to Specific Approved for (Received Funds Funds Month Date Clients) Assistance Assistance) Expended Expended 3 4/30/21 15% 75 50 10% $213,000 6 7/30/21 40% 200 150 30% $639,000, 8 9/30/21 65% 325 250 50% $1,065,000 11 12131121 1 100% 1268 1268 100% J $1,630,000 • NOTE: Above service goals based on number needed to achieve Agency's proportionate share of statutory obligation and expenditure goals, based on a $5600 average assistance amount per client; and also based in reduction in total funding from$2,000,000 in rental/utility assistance, to $1,500,000 in rental/utility assistance as of October 2021; Number of clients to be served may be adjusted as needed by Agency and City based on overall average assistance amounts and number of clients approved for 3, 6, or 9 additional months'assistance. Months which represent adjusted milestones due to revised funding amount are reflected in Bold Italics. Agency's Program services will be provided at 929 Hemphill Street, Fort Worth, Texas 76104, Monday through Friday from 9:00 am to 5:00 pm. FWERP Funds will pay for direct costs of delivering the program at outlined on Exhibit B - Budget, including rental and utility payments to landlords and utility providers, operational costs of providing housing stability services to clients (intake/referral,case management,etc.) such as salaries and benefits for staff implementing the program, costs of office supplies, communications, and related operations, and administrative overhead costs (accounting, audit, supervision,etc.) Amendment No 1 to CSC No 55612 Page 6 Housing Channel(Treasury Emergency Rental Assistance) EXHIBIT "A-1" 2021 HUD INCOME LIMITS Effective July 1,2021 1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons 30%AMI $17,000 $19,400 $21,850 $24,250 $26,200 $28,150 $30,100 $32,050 50%AMI $28,300 $32,350 $36,400 $40,400 $43,650 $46,900 $50,100 $53,350 60%AMI $33960 $38820 $43680 $48480 $52380 $56280 $60120 $64020 80%AM $45,300 $51,750 $58,200 $64,650 $69,850 $75,000 $80,200 $85,350 *Income limits are published at least annually by HUD. Amendment No 1 to CSC No 55612 Page 7 Housing Channel(Treasury Emergency Rental Assistance) Housing Channel EXHIBIT`B" Revised TREASURY DEPARTMENT RENTAL ASSISTANCE Budget PROGRAM BUDGET- REVISED Cost Line Item City of Fort Worth Other Funding Total Program Treasury Rental Sources Budget Assistance Funds (Donations, etc.) Program Operational and Housing Stability Costs Salaries $ 48,750.00 FICA $ 3,730.00 Health/Dental Insurance $ 5,665.00 Unemployment Insurance Workers' Compensation Insurance Employee Retirement Plan Office Supplies Postage Transportation Contracted Services (Office Temps Etc.) Communications/Telephone Laptops/Cellular Hots pots/ Scanners Neighborly Software / Related Client Service Software Costs(allocated portion of online application cost) Subtotal, Operations/Housing OperationslHousing Stability $ 100,000.00 Rental/Utility Payments (including arrears) $ 500,000.00 Subtotal,Direct Program Costs $ 1,500,000.00 FWERAP Administrative Costs Salaries/President $ 19,500.00 Salaries/Accounting $ 10,500.00 FICA Dental/Heath Insurance Retirement Unemployment/Workers' Comp Marketing Contracted Services: Accounting/Audit Contracted Services: Office Temps Etc. Office Rent Subtotal,Administrative Costs $ 30,000.00 GRAND TOTAL $ 1,630,000.00 Amendment No 1 to CSC No 55612 Page 8 Housing Channel(Treasury Emergency Rental Assistance)