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HomeMy WebLinkAboutContract 55615-A2 CSC No.55615-A2 SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 55615 WHEREAS the City of Fort Worth ("City") and Tarrant County Samaritan Housing, Inc. ("Agency")made and entered into City Secretary Contract No. 55615 ("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 had been negatively impacted by the Coronavirus Pandemic, and to the greatest extent possible prevent evictions of such families; and WHEREAS, the eviction moratorium established in 2020 by the Office of the President and the United States Centers for Disease Control in response to the Coronavirus Pandemic expired at the end of August 2021, thereby putting an increased number of low-income families at more urgent and immediate risk of eviction; and WHEREAS, due to the rapid pace and large number of client approvals generated by Agency, a very high volume of cash flow is required, which has become a constraint that limits Agency's ability to rapidly provide financial assistance and prevent evictions for vulnerable clients; and WHEREAS, the Contract authorized specific reimbursement and disbursement procedures by which Agency would receive grant funds to provide direct rental and utility assistance on behalf of approved eligible low-income clients; and WHEREAS, updated guidance from the U.S. Treasury Department published on August 25, 2021 specifically authorizes grantees to enter into written agreements with nonprofit organizations to establish payment funds for the purpose of delivering assistance while the client's application remains in process to allow for expedited payments to prevent evictions, provided such funds are held in a separate account that is not commingled with other funds; and WHEREAS, as provided in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR 200,and specifically at 2 CFR 200.305(b),the City is acting as a Pass-Through Entity for use of federal funds underthe Emergency Rental Assistance Program and Agency is a non-Federal entity acting as a subrecipient authorized to receive advance payments of funds provided it has financial management systems that meet the standards for fund control and accountability established in the Uniform Administrative Requirements; and WHEREAS, Agency maintains standard client approval and accounting procedures that minimize the time elapsing between transfer of Emergency Rental Assistance funds and disbursement of such funds to housing providers and landlords on behalf of eligible tenant clients; and WHEREAS, Agency maintains financial management systems that meet the standards for fund control and accountability required by 2 CFR 200; and WHEREAS, Agency has demonstrated the capacity to handle increased volume of clients and funding; and OFFICIAL RECORD Amendment No 2 to CSC No.55615 CITY SECRETARY Tarrant County Samaritan Housing Inc.(Treasury Emergency Rental Assistance) FT.WORTH,TX WHEREAS, it is the mutual desire of the City and Agency to amend the Contract in order to increase Agency's funding and increase Agency's capacity to timely and immediately assist clients and prevent evictions and thereby complete the Program and meet Contract objectives; NOW, THEREFORE, City and Agency hereby agree to amend the Contract as follows: I. Section 4 DUTIES AND RESPONSIBILITIES OF CITY is amended by revising the first paragraph and adding an additional Section 4.1.1 as follows: 4.1 Provide FWERAP Funds. City shall provide up to $3,181,569.49 of ERA Funds under the terms and conditions of this Contract. Section 4.1.1 City may provide advancement of funds as authorized by 2 CFR 200.305(b) in order to ensure rapid disbursement of emergency rental assistance to eligible low income clients at risk of eviction or in unstable housing conditions. Such advancement of funds will be limited to the minimum amounts needed to assist the average number of clients approved in the most recent months by Agency,and anticipated to be approved in the next month at the Agency's average weekly or monthly approval rate,and based on the Agency's average client assistance amount. II. Section 5,DUTIES AND RESPONSIBILITIES OF AGENCY is amended by adding the following subsections to Section 5.2: Section 5.2.5 Advancement of Funds FWERAP funds may be advanced to Agency at City's sole discretion upon agency's written request, in a monthly amount based on the sum of the following two amounts: a) Total Monthly Amount Advanced for Approvals: Total Number of Approved Clients as of the first or fifteenth day of the Month, multiplied by Average Assistance Amount per Client b) Total Monthly Amount to be Advanced for Anticipated Approvals: Average Number of Clients approved per week for the most recent month, multiplied by the average Assistance Amount Per Client, multiplied by 4.3 weeks per month. Agency shall use Advanced Funds only for payment of direct assistance to clients, and shall not use Advanced Funds for Agency's administrative or Housing Stability Operations expenses. Section 5.2.6 Reports on Advances of Funds. Agency shall maintain a separate account or Bank Account for Advanced Funds, and shall not commingle Advanced Funds with other funds. Agency shall submit no less often than monthly, a complete Bank Statement or General Ledger report that lists all Rental Assistance payments made from the Advanced Funds during the previous month. The Bank Statement or Amendment No 2 to CSC No.55615 Page 2 Tarrant County Samaritan Housing Inc.(Treasury Emergency Rental Assistance) General Ledger report shall provide sufficient detail to demonstrate each client address and client name for which payments were made, during the reporting period, such that all payments can be reconciled against Agency's accounting/purchasing system and the Neighborly Software used as a platform for applications and administration of the City's Emergency Rental Assistance Program. Failure to provide complete Bank Statements or General Ledger reports will be justification for City to decline to make further Advancements of Funds. Section 5.2.7 Agency Responsibility Nothing provided above in Section 5.2.5 or 5.2.6 will relieve Agency of the responsibility for maintaining Complete Documentation regarding all expenses incurred and payments made, or for obtaining all Supporting Documentation necessary for verifying client eligibility and ensuring that such Supporting Documentation is uploaded into the Neighborly Software used as a platform for administration of the City's Emergency Rental Assistance Program. Failure to maintain Complete Documentation regarding all expenses charged to Advanced Funds and failure to ensure that all necessary Client Eligibility Supporting Documentation is uploaded into the Neighborly system shall be grounds for City to decline to make further Advancements of Funds, or for City to withhold further Disbursements or Reimbursements of Expenses,until all such documentation has been provided. 111. 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 increased funding level and overall service and expenditures based on actual average assistance amounts provided to Emergency Rental Assistance clients to date. IV. Unless otherwise specified,this amendment is effective as of the Effective Date of the Contract. V. 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 2 to CSC No.55615 Page 3 Tarrant County Samaritan Housing Inc.(Treasury Emergency Rental Assistance) AGREED AND ACCEPTED: TARRANT COUNTY SAMARITAN HOUSING,INC. CITY OF FORT WORTH Kivu)2obinson '7D C4— By: Kim Robinson(Nov 22,202114:25 CST) By: Fernando Costa(Nov 23,202115:48 CST) Kim Robinson,President and CEO Fernando Costa,Assistant City Manager ATTEST: APPROVE AS TO FORM AND LEGALITY: Sal By: By: Ronald Gonzales, Acting City Secretary Taylor Paris,Assistant City Attorney M&C: 21-0111 �oownn�� Date: February 16, 2021 ��FoF°-!;r &00 0 ° ° RECOMMENDED BY: ��� ° 00000000000 , �/ an nEaaS4bp 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 Asbu ry(Nov 22,202118:09 CST) Barbara Asbury Compliance and Planning Manager OFFICIAL RECORD Amendment No 2 to CSC No.55615 CITY SECRETARY Tarrant County Samaritan Housing Inc.(Treasury Emergency Rental Assistance) FT.WORTH,TX Tarrant County Samaritan Housing,Inc. EXHIBIT"A" TREASURY DEPARTMENT RENTAL ASSISTANCE PROGRAM SUMMARY PROGRAM SUMMARY: REVISED January 11, 2021 — September 30,2022 $3,181,569.49 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. The Program also makes rental and arrears payments directly to eligible tenants when landlords decline to participate in the program,following Treasury Department guidance for landlord and tenant communications. The Program also accepts referrals of clients from the City of Fort Worth and other nonprofit program partners,and makes rental,arrears and utility payments on their behalf, as needed in order to meet the customer service goals of the Emergency Rental Assistance Program. 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. • Categorical Eligibility demonstrating that client household income is at or below 80%AMI Amendment No 2 to CSC No.55615 Page 5 Tarrant County Samaritan Housing Inc.(Treasury Emergency Rental Assistance) 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 and/or Treasury Department guidance. • 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 12/31/21 75% 375 350 70% $1,491,000 14 3131122 85% 455 400 80% $2,532,500 17 1 6130122 1 100% 1 535 1475 1 95% 1 $3,006,750 20 1 9130122 1 1 1 535 1 100% 1 $3,181,569.49 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 increase of funds to $3,165,000 awarded as of November 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 increased milestones due to increased funding 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 2 to CSC No.55615 Page 6 Tarrant County Samaritan Housing Inc.(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%AM $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 2 to CSC No.55615 Page 7 Tarrant County Samaritan Housing Inc.(Treasury Emergency Rental Assistance) EXHIBIT "B"-BUDGET Proposed Treasury Funds Account Grant Budget A B C D E Total PROGRAM PERSONNEL Salaries 1001 $ 202,003.60 $ 202,003.60 FICA 1002 $ 15,453.28 $ 15,453.28 Life/Disability Insurance 1003 $ 33.00 $ 33.00 Health/DentalInsurance 1004 $ 2,888.00 $ 2,888.00 Unemployment-State 1005 Worker's Compensation 1006 Retirement 1007 Staff Training 1008 SUPPLIES AND SERVICES Office/Program Supplies 2001 Postage 2002 Printing 2003 Other 2004 other 2005 MISCELLANEOUS Contract Labor/Contractual Services(City needs copy of contract before expenses can be reimbursed) 3001 Food Supplies 3002 Teaching Aids 3003 Craft Supplies 3004 Field Trip Expenses 3005 Mileage 3006 FACILITY AND UTILITIES Telephone 4001 Electric 4002 Gas 4003 Water and Wastewater 4004 Solid Waste Disposal 4005 Rent(City needs copy of lease& Cost Allocation before expenses can be reimbursed) 4006 Cleaning Supplies 4007 Repairs 4008 Custodial Services 4009 Utilities,Transportation,PP&E 4010 LEGAL,FINANCIAL AND INSURANCE Fidelity Bond or Equivalent 5001 Directors and Officers 5002 General Commercial Liability 5003 Bank fees/loan interest 5004 Prof Fees(Audit/Legal/etc) 5005 DIRECT ASSISTANCE Rental and Utility Assistance 6001 $ 2,961,191.61 $ 2,961,191.61 BUDGET TOTAL $ 3,181,569.49 $ $ $ $ $ $ 3,181,569.49 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 . SALARY DETAIL-PROGRAM PERSONNEL Est. Percent to Amount to Position Title Annual Salary Grant Grant Prevention Specialist(FT) -Direct/Operations $ 37,440.00 100% $ 37,440.00 Prevention Specialist(FT) -Direct/Operations $ 37,440.00 100% $ 37,440.00 Prevention Specialist(FT) -Direct/Operations $ 41,600.00 100% $ 41,600.00 Director of Programs -Direct/Operations $ 95,000.00 25% $ 23,750.00 Accounting Assistant-Direct/Operations $ 35,000.00 100% $ 35,000.00 Accounting Manager- Admin $ 70,000.00 10% $ 7,000.00 Vice President and COO - Admin $ 126,236.00 10% $ 12,623.60 President and CEO - Admin $ 143,000.00 5% $ 7,150.00 TOTAL $ 585,716.00 $ 202,003.60 FRINGE DETAIL-PROGRAM PERSONNEL Est. Percent to Amount to Percent of Payroll Amount Grant Grant FICA -Direct/Operations 7.65% $ 16,178.22 82.9% $ 13,405.10 FICA -Admin 7.65% $ 28,629.05 7.2% $ 2,048.18 Life/Disability Insurance - Direct/Operations $ 65.00 24.6% $ 16.00 Life/Disbility Insurance - Admin $ 195.00 8.7% $ 17.00 Health/Dental Insurance - Direct/Operations $ 6,715.00 25.0% $ 1,679.00 Health/Dental Insurance - Admin $ 13,462.00 9.0% $ 1,209.00 Unemployment-State Worker's Compensation Retirement Staff Training TOTAL $ 65,244.27 SUPPLIES AND SERVICES Est. Percent to Amount to Total Budget Grant Grant Office/Program Supplies Postage Printing Adv/Media, Dues/Pub, Printing, Bank Fees TOTAL $ - MISCELLANEOUS Est. Percent to Amount to Total Budget Grant Grant Contract Labor #DIV/0! Food Supplies Teaching Aids Craft Supplies Field Trip Expenses Mileage TOTAL $ - I #DIV/0! 1 $ - FACILITY AND UTILITIES Est. Percent to Amount to Total Budget Grant Grant Telephone Electric Gas Water and Wastewater Solid Waste Disposal Rent Cleaning Supplies Repairs Custodial Services Utilities, Transportation, PP & E TOTAL $ - LEGAL, FINANCIAL AND INSURANCE Est. Percent to Amount to Total Budget Grant Grant Fidelity Bond or Equivalent Directors and Officers General Commercial Liability Prof Fees TOTAL $ - DIRECT ASSISTANCE Est. Percent to Amount to Total Budget Grant Grant Utility Assistance Rental Assistance $ 2,961,191.61 100% $ 2,961,191.61 TOTAL $ 2,961,191.61 $ 2,961,191.61 Admin $ 65,047.78 Program $ 143,973.18