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HomeMy WebLinkAboutContract 54268-A3 CSC No.54268-A3 THIRD AMENDMENT TO CITY SECRETARY CONTRACT NO. 54268 WHEREAS the City of Fort Worth ("City") and Lighthouse for the Homeless, DBA True Worth Place("Agency")made and entered into City Secretary Contract No. 54268 ("Contract"); 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 Emergency Solutions Grant Program ("ESG"); Program No. S-20-MC-48-0006, Catalog of Federal Domestic Assistance No. 14.231, and the special allocations of funds received for this program known as ESG-CV and ESG-CV2,through the Coronavirus Aid,Relief,and Economic Security(CARES)Act of 2020; WHEREAS, it is the mutual desire of the City and Agency to amend the Contract to increase the budget by$125,000.00; WHEREAS,these funds became available to Agency for ESG-eligible program expenses as a result of Day Resource Center's approved reduction to the rapid rehousing program budget by $125,000.00 in certain cost items within the original program in order to comply with HUD regulations; WHEREAS,it is the mutual desire of the City and Agency to amend the Contract budget by revising the line items for utilities and supplies; WHEREAS,this reallocation results in an increase in the overall Contract budget to a total amount of$245,000.00.00,of which$245,000.00 is for program expenses to serve eligible client populations; and WHEREAS, it is the mutual desire of City and Agency to amend the Contract to extend the term and revise certain reimbursement provisions and performance objectives in order to complete the Program and meet Contract objectives. NOW,THEREFORE,City and Agency hereby agree to amend the Contract as follows: I. Section 4.1 Provide ESG-CV Funds is deleted in its entirety and replaced by the following: "4.1 Provide ESG-CV Funds. City shall provide up to $245,000.00 of ESG-CV Funds under the terms and conditions of this Contract." II. The first sentence in Section 3 TERM is deleted and replaced by the following: "The term of this Contract(Contract Term)begins on the Effective Date and terminates On September 2, 2022 unless earlier terminated as provided in this Contract." III. OFFICIAL RECORD CITY SECRETARY Amendment No.3 to CSC No.54268 Lighthouse for the Homeless,dba TWP (ESG-CV) FT. WORTH, TX Section 5.3.1 PROGRAM PERFORMANCE MILESTONES is revised as follows: the table of milestones is deleted and replaced with the below table which specifies the dates of program performance milestones and expenditure deadlines for the extended term of the Contract: Month Relative to Date Expenditures Unduplicated Clients as Beginning of Specified in EXHIBIT"A": Contract Term Program Summary Month 3 December 31,2020 15% 15% Month 6 March 31,2021 30% 30% Month 9 June 30,2021 50% 50% Month 12 September 30,2021 65% 65% Month 15 December 30,2021 75% 75% Month 18 March 31,2022 80% 80% Month 21 June 30,2022 90% 90% Month 23 September 2,2022 1 100% 1 100% NOTE: If the Contract was executed prior to October 1,2020 and/or if the Effective Date of the Contract is March 13,2020,all months prior to December 31,2020 are included in the Month 3 period. Section 9 REIMBURSEMENT REQUIREMENTS is revised as follows: Section 9.2.1 Attachment I—Invoice is deleted in its entirety and replaced by the following: "9.2.1 Attachment I—Invoice. This report shall contain the amount requested for reimbursement each month or partial month,the cumulative reimbursement requested to date (inclusive of that month's or partial month's request). Section 9.2.1.1 is hereby amended to read as follows: 9.2.1.1 Agency must submit a separate invoice for each ESG-CV2-eligible activity type funded through this Contract, i.e. Shelter Operations, Homeless Prevention, Rapid Rehousing, Unsheltered Outreach, Administration, and HMIS. Entries on Attachment II Expenditure Summary must list and designate Administration line items separately from Program costs, with the word `Administration' included in the cost item title." Section 9.4 Final Reimbursement Request is added as follows: "9.4 Final Reimbursement Request 9.4.1 Agency's Final Reimbursement Request must be submitted no later than September 9, 2022. The Final Reimbursement Request must include all program-eligible expenses incurred during August 2022. Agency's Final Reimbursement Request may also include a request for advancement of funds for September program expenses for up to 90%of the monthly average of Agency's standard Program operations expenses (staff salaries, benefits, and related program operational expenses). The monthly average of Agency Program Operations expenses will be based on the Program's prior six months' of such expenses charged to the Contract(February thru July 2022). Agency's Final Reimbursement Request may be submitted with partial Complete Documentation for August or September 2022 expenses if such documentation is not available at the time of submittal, provided that such Complete Documentation will be submitted no later than October 15, 2022. Failure to submit Complete Documentation for August or Amendment No.3 to CSC No.54268 Page 2 Lighthouse for the Homeless,dba TWP (ESG-CV) September 2022 expenses by October 16, 2022 may, in City's sole discretion, be cause for delay or withholding of payment of ESG funds awarded through other City Contracts,or may disqualify Agency for consideration under the future City Requests for Proposals for federal grant funds. 9.4.2 All Contract funds not requested by Agency as of September 10, 2022 will be subject to immediate recapture by City." IV. The first sentence in Section 17 INSURANCE AND BONDING is deleted and replaced by the following: "Agency will maintain coverage in the form of insurance or bond in the amount of$245,000.00 to insure against loss from the fraud,theft or dishonesty of any Agency's officers,agents,trustees, directors,representatives,or employees." V. Exhibit"A"—Program Summary and Exhibit`B"—Budget attached to the Contract are hereby replaced with the attached Exhibit"A"-Program Summary Revised 8/2021 and Exhibit`B"—Budget revised 8/2021. VI. Unless otherwise specified,this amendment is effective as of the Effective Date of the Contract. 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.3 to CSC No.54268 Page 3 Lighthouse for the Homeless,dba TWP (ESG-CV) AGREED AND ACCEPTED: LIGHTHOUSE FOR THE HOMELESS, CITY OF FORT WORTH DBA TRUE WORTH PLACE 1 cf— By: 469 0 H n By: Fernando Costa(Jan 19,2022 18:15 CST) •7 Toby Owen,Chief Executive Officer Fernando Costa,Assistant City Manager �aovnanIl� 00000000 ° a 0 G do o��d ATTEST: P*�o oo*�d APPROVE AS TO FORM AND n000000 4 LEGALITY: By: J ette S.Goodall(Jan 20,2022 09 CST) By: .l City Secretary .l Taylor Paris,Assistant City Attorney M&C: 20-0330&21-0782 1295 Certification No.2020-614217 Date:May 19,2020 and October 12,2021 RECON VOENDED BY: 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 &Srbnr"L Barbara Asbury(Jan 19,202 17:18 CST) Barbara Asbury Compliance and Planning Manager OFFICIAL RECORD CITY SECRETARY Amendment No.3 to CSC No.54268 FT. WORTH, TX Lighthouse for the Homeless,dba TWP (ESG-CV) LIGHTHOUSE FOR THE HOMELESS EXHIBIT "A" DBA TRUE WORTH PLACE Emergency Day Shelter PROGRAM SUMMARY PROGRAM SUMMARY (ESG-CV) March 13, 2020 to September 2, 2022 $245,000.00 (Extension) PERIOD AMOUNT Capitalized terms not defined herein shall have meanings assigned them in the Contract. PROGRAM: The Program provides emergency day shelter to unaccompanied men and women in the City of Fort Worth. In addition to day shelter, services include showers,hygiene items,mail services, and locker storage. Navigation services are also provided including linking clients to critical services and resources such as public benefits, housing, employment services,health and mental health care and substance abuse. Additionally, access to case management services is provided to help individuals rapidly exit homelessness. Due to the COVID pandemic, costs have increased for additional services. ESG Funds will be used to pay for a percentage of salaries and fringe benefits for security staff to manage building safety. To cover additional costs to meet social distancing requirements,ESG Funds will also pay for additional supplies, and increased utility costs. Agency office and Program services will be provided at 1513 E. Presidio St, Fort Worth, TX 76102, Monday through Sunday, 7:00 a.m. to 3:00 p.m. REGULATORY CLASSIFICATION: Service Category (if more than one category, specify amount for each): ESG Emergency Shelter Component Regulatory Citation(s): 24 CFR 576.102 Coronavirus Aid,Relief, and Economic Security Act of 2020 Agency will maintain documentation which verifies that 100% of the clients served are homeless based on the current HUD definitions. PROGRAM GOALS: Minimum Number of Clients to be Served: The Program must serve a minimum of 3,000 Unduplicated Clients as shown by the monthly CAPER reports. ESG-CV DAY SHELTER CONTRACT 2020-2021 —EXHIBIT"A"—PROGRAM SUMMARY Page 1 Lighthouse for the Homeless,DBA True Worth Place—Amendment 3 ESG-CV DAY SHELTER CONTRACT 2020-2021 —EXHIBIT"A"—PROGRAM SUMMARY Page 2 Lighthouse for the Homeless,DBA True Worth Place—Amendment 3 EXHIBIT "B"-BUDGET Account I Grant Budget I Increase Decrease Total EMERGENCY SHELTER JL ESSENTIAL SERVICES Salaries 1001 $ 68,389.00 $ 68,389.00 FICA 1002 $ 3,611.00 $ 3,611.00 Life/Disability Insurance 1003 $ - Health/Dental Insurance 1004 $ Unemployment-State 1005 $ Worker's Compensation 1006 $ Office Supplies 1007 $ Food Supplies 1008 $ Insurance 1009 $ Accounting 1010 $ Contract Labor Security(City needs copy of contract before expenses can be reimbursed) 1011 $ Other() 1012 $ SHELTER OPERATIONS Maintenance 2001 $ Security 2002 $ Insurance 2003 $ Utilities 2004 $ 36,000.00 $ 65,000.00 $ 101,000.00 Supplies 2005 $ 12,000.00 $ 60,000.00 $ 72,000.00 Repairs 2006 S - OtherO 2007 S - SUBTOTAL EMERGENCY SHELTER S 120,000.00 S 125,000.00 $ S 245,000.00 HOUSING RELOCATION AND STABILIZATION PREVENTION Salaries 3001 FICA 3002 Life/Disability Insurance 3003 Health/Dental Insurance 3004 Unemployment-State 3005 Worker's Compensation 3006 Other() 3007 REHOUSING Salaries 4001 FICA 4002 Life/Disability Insurance 4003 SUBTOTAL HR&S $ $ $ $ FINANCIAL ASSISTANCE PREVENTION Rental Assistance 5001 Utility Payments 5002 REHOUSING Rental Assistance 6001 S Security Deposits 6002 Utility Deposits 6003 Utility Payments 6004 Moving Costs 6005 Motel/Hotel Vouchers 6006 SUBTOTAL FINANCIAL ASSISTANCE S S $ HOMELESS MANAGEMENT INFORMATION SYSTEM(HMIS) HMIS Software Costs 7001 SUBTOTAL HMIS BUDGET TOTAL $ 120,000.00 $ 125,000.00 $ $ 245,000.00 Amendmnt 3-ESG-CV PSA CONTRACT 2020-EXHIBIT"B"-Lighthouse for the Homeless,dba True Worth Place 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 1, 2021. SALARY DETAIL Est. Percent to Amount to Position Title Annual Salary Grant Grant Security $ 34,194.50 100.0% $ 34,194.50 Security $ 34,194.50 100.0% $ 34,194.50 TOTAL 1 $ 68,389.00 1 100.0% $ 68,389.00 FRINGE DETAIL Percent of Est. Percent to Amount to Payroll Amount Grant Grant FICA 6.20% $ 3,611.00 4.0% $ 3,611.00 Life/Disability Insurance Health/Dental Insurance Unemployment-State Worker's Compensation HRA Retirement Parking Mileage Other TOTAL $ 3,611.00 100.0% $ 3,611.00 SUPPLIES AND SERVICES Est. Percent to Amount to Total Budget Grant Grant Office Supplies Food Supplies TOTAL MISCELLANEOUS Est. Percent to Amount to Total Budget Grant Grant Insurance Accounting Contract Labor(Security) OtherO Amendment 2 -ESG-CV PSA CONTRACT 2020-EXHIBIT "B" -BUDGET Lighthouse for the Homeless,dba True Worth Place Page 2 TOTAL SHELTER OPERATIONS Est. Percent to Amount to Total Budget Grant Grant Maintenance Security Insurance Utilities $ 197,250.00 51% $ 101,000.00 Supplies $ 141,000.00 51% $ 72,000.00 Repairs OtherO TOTAL $ 338,250.00 $ 173,000.00 FINANCIAL ASSISTANCE Est. Percent to Amount to Total Budget Grant Grant Rental Assistance $ - Security Deposits Utility Payments Utility Deposits Moving Costs Motel/Hotel Vouchers TOTAL I $ - HMIS Est. Percent to Amount to Total Budget Grant Grant HMIS Software Costs TOTAL Amendment 2 -ESG-CV PSA CONTRACT 2020-EXHIBIT "B" -BUDGET Lighthouse for the Homeless,dba True Worth Place Page 3 City of Fort Worth, Texas Mayor and Council Communication DATE: 10/12/21 M&C FILE NUMBER: M&C 21-0782 LOG NAME: 19NSSUBSTANTIALAMENDACTIONPLAN19-20 SUBJECT (ALL)Authorize Substantial Amendment to City of Fort Worth's 2019-2020 Action Plan, Change in Use, and Contract Amendments for a Total of $175,000.00 in Coronavirus Aid, Relief and Economic Security Act Emergency Solutions Grant Funds for Lighthouse for the Homeless, dba True Worth Place for Emergency Shelter Operations RECOMMENDATION: It is recommended that City Council: 1. Authorize reallocation of$125,000.00 of Coronavirus Aid, Relief, and Economic Security(CARES)Act Emergency Solutions Grant(ESG- CV)funds from Day Resource Center Rapid ReHousing Program, City Secretary Contract No. 54408, to Lighthouse for the Homeless, dba True Worth Place Day Shelter for the Homeless; 2. Authorize reallocation of$50,000.00 of Coronavirus Aid, Relief, and Economic Security(CARES)Act Emergency Solutions Grant(ESG- CV2)funds from SafeHaven of Tarrant County Homelessness Prevention Program, City Secretary Contract No. 54934,to Lighthouse for the Homeless, dba True Worth Place Day Shelter for the Homeless; 3. Authorize a substantial amendment to the City of Fort Worth's 2019-2020 Action Plan contingent upon successful completion of the federal public comment period; 4. Authorize contract amendments in the amount of$125,000.00 of CARES Act ESG-CV and$50,000.00 of CARES Act ESG-CV2 funds with Lighthouse for the Homeless, dba True Worth Place, City Secretary Contract Nos. 54268 and 54958, respectively; and 5. Authorize the City Manager or his designee to extend contracts if an agency requests an extension and such extension is necessary for completion of the program, or to amend contracts if necessary to achieve program goals, provided any amendment is within the scope of the program and complies with City policies and all applicable laws and regulations governing the use of federal grant funds. DISCUSSION: The Coronavirus Aid, Relief, and Economic Security Act(CARES)was signed into law on March 27, 2020 to respond to the many impacts of the COVID-19 public health emergency. The CARES Act included provisions to help local governments prevent, prepare for and respond to the Coronavirus Pandemic, including providing for additional allocations of formula grant funds under the Emergency Solutions Grant(ESG)program. The City of Fort Worth was notified by the United States Department of Housing and Urban Development (HUD) on April 9, 2020 of its initial award of$2,202,929.00 in ESG-Coronavirus(ESG-CV)funds. The City of Fort Worth was notified on June 9, 2020 of its second allocation of ESG funds, known as ESG-CV2, in the amount of$6,070,529.00. All funds must be used to prevent, prepare for, and respond to the Coronavirus for the benefit of homeless or at-risk populations. The City of Fort Worth City Council approved Mayor and Council Communication (M&C)20-0330 on May 19, 2020 and M&C 20-0657 on September 15, 2020 amending the City of Fort Worth's 2019-2020 Annual Action Plan for use of these funds and awarding contracts to local nonprofit organizations, including Day Resource Center, SafeHaven, and True Worth Place. All ESG-CV and ESG-CV2 funds must be fully expended by September 30, 2022. Recently, True Worth Place requested the City of Fort Worth's assistance in addressing a shortfall in operational funding for the 2021-2022 Fiscal Year. At the same time, SafeHaven of Tarrant County and Day Resource Center reported slow utilization of Homelessness Prevention and Rapid ReHousing funds which had previously been awarded to them, due to availability of other emergency rental assistance funds. Both agencies voluntarily agreed to relinquish a portion of their ESG-CV and ESG-CV2 funding in order to ensure that the overall homeless service system continues to operate effectively throughout the Coronavirus Pandemic, particularly with regard to access by unsheltered homeless persons to services via the True Worth Place day shelter. The contracts may be extended past September 30, 2021, to ensure that there is no disruption in services and that program goals are met. A public notice authorizing this reallocation of funds was published in the Fort Worth Star-Telegram on August 26, 2021, with the 5-day comment period being completed on August 31, 2021. SafeHaven approved termination of its$50,000.00 City Secretary Contract No. 54934-T1 on August 18, 2021. Staff recommends reallocations and contract amendments in the following amounts. Agency Name/Program Current Contract Amended Contract Amount Amount FROM: Day Resource Center, Rapid ReHousing Program, ESG-CV $375,000.00 $250,000.00 TO: True Worth Place, Operational Costs for Day Shelter for the Homeless, $120,000.00 $245,000.00 ESG-CV FROM: SafeHaven of Tarrant County, Homelessness Prevention, ESG-CV2 $50,000.00 $0.00 TO: True Worth Place, Operational Costs for Day Shelter for the Homeless, $220,000.00 $270,000.00 ESG-CV2 These programs are available in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and reallocation of funds, funds will be available in the current operating budget, as appropriated, in the Grants Operating Federal Fund. The Neighborhood Services Department(and Financial Management Services)will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. This is a reimbursement grant. Submitted for City Manager's Office W. Fernando Costa 6122 Originating Business Unit Head: Victor Turner 8187 Additional Information Contact: Barbara Asbury 7331