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HomeMy WebLinkAboutContract 55617-A1 CITY SECRETARY ".I-,,+TRACT NO._ 55(p I -�I CSC 22122 p,.; T,i FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 55617 This Amendment is entered into by and between the City of Fort Worth (hereafter "City"), a home rule municipality, with its principal place of business at 200 Texas Street, ]Fort Worth, Texas, and the Presbyterian Night Shelter of Tarrant County, Inc. (hereafter "Developer"). City and Developer shall be referred to individually as a Party and collectively as the Parties. WHEREAS, on April 22, 2021, the City and Developer made and entered into City Secretary Contract No. 55617 (the "Contract"), as authorized by the City Council in M&C 21- 0108 adopted on February 16, 2021, which provided $320,000.00 of City's Community Development Block Grant("CDBG") funds to Developer; WHEREAS, the purpose of the Contract was to provide the CDBG funds in the form of a forgivable loan for the costs associated with the rehabilitation of the kitchen in the Karl Travis Men's Center to create a shelter for homeless single women; WHEREAS,Developer was informed that due to material and construction cost increases outside of the Parties' control, the cost to construct a new single-family home resulted in an increase to the total development budget from$320,000.00 to $360,000.00; WHEREAS, City has identified $40,000.00 in unprogrammed CDBG funds and has agreed to increase the CDBG Loan from $320,000.00 to $360,000.00 in order to complete the rehabilitation of the kitchen in the Karl Travis Men's Center; WHEREAS, it is the mutual desire of the City and Developer to amend the Contract amount to $360,000.00 to complete the Required Improvements; and NOW,THEREFORE, City and Developer hereby agree to amend the Contract as follows: I. DEFINITIONS The following definitions in the Contract are amended to be and read as follows: "Completion Deadline means December 30, 2022. II. Section 4.1 Provide CDBG Funds is amended to be and read as follows: "Section 4.1 Provide CDBG Funds FIRST AMENDMENT to CSC NO.55617 Page I The Presbyterian Night Shelter of Tarrant County,Inc. Karl Travis Men's Center Kitchen Rehabilitation Project Rev. 12.14.2021 City shall provide $360,000.00 of CDBG Funds in the form of a forgivable Loan for eligible expenses under the terms and conditions of this Contract and the Loan Documents." The first sentence of Section 8.14 Payment and Performance Bonds is amended to be and read as follows: "Section 8.14 Payment and Performance Bonds. Subject to the requirements of 2 CFR Part 200.325, Developer shall furnish City with payment and performance bonds in a form acceptable to City in the amount of the construction cost for the project but not less than$360,000.00." The first sentence of Section 17 INSURANCE AND BONDING is amended t be and read as follows: "17. INSURANCE AND BONDING. Developer will maintain blanket fidelity coverage in the form of insurance or and in the amount of$360,000.00 to insure against loss from the fraud, theft or dishonesty of any of Developer's officers, agents,trustees, directors or employees." III. Exhibit "B" -Budget is hereby deleted and replaced with Exhibit "B" Budget Revi ed 12/2021. Exhibit "C" Construction and Reimbursement Schedule is hereby deleted and replaced with Exhibit "C" Construction and Reimbursement Scheduled Revised 12/2021. V. This amendment is effective as of the Effective Date of the Contract. VI. All other terms and conditions of the Contract not amended herein remain unaffected and in full force and effect, are binding upon 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 NEXT PAGE.] ACCEPTED AND AGREED: FIRST AMENDMENT to CSC NO.55617 Page 2 The Presbyterian Night Shelter of Tarrant County,Inc. Karl Travis Men's Center Kitchen Rehabilitation Project Rev. 12.14.2021 THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC. 6i= B y: Toby Owen(Dec 28,202110:12 CST) Toby Owen Chief Executive Officer Date: CITY OF FORT WORTH <<-- By: Fernando Costa(Jan 5,202212:11 CST) Fernando Costa Assistant City Manager Date: G'�`. ATTEST: y 1" i=}`APPROVED AS TO FORM AND V? * LEGALITY: �r ..........:r •By: Jannette S.Goodall(Jan 5,202213:03 CST) By: Jannette S. Goodall, City Secretary Taylor Paris, Assistant City Attome M&C: 21-0108 Date: February 16, 2021 1295 Cert.No.2020-694929 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 requirement,,. 'G-, 9il- Name: Chad LaVoclue(Jan 3,202214:00CST) Chad LaRoque Housing Development Manager Date: OFFICOAL RECORD COTY SECRETARY FIRST AMENDMENT to CSC NO.55617 FT. WO ATM,Tffy The Presbyterian Night Shelter of Tarrant County,Inc. Karl Travis Men's Center Kitchen Rehabilitation Project Rev. 12.14. 021 EXHIBIT "B" BUDGET—Revised 12/2021 THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC. SOURCES AND USES Project: Rehabilitation of Karl Travis Men's Center Kitchen Funding Priority of CDBG Loan ConstructionFinancing Source No. Description Lien Funds Rehab Participants Amount 1 CDBG Loan 1 st $360,000.00 $360,000.00 TOTAL SOURCES $360,000.00 City of Fort orth OF FUNDS I! TOTAL USES OF $360,000.00 FUNDS CDBG FUNDS BUDGET Construction Costs for Rehabilitation of Karl $360,000.00 Travis Men's Center Kitchen TOTAL $360,000.00 FIRST AMENDMENT to CSC NO.55617 Page 4 The Presbyterian Night Shelter of Tarrant County,Inc. Karl Travis Men's Center Kitchen Rehabilitation Project Rev. 12.14.2021 III EXHIBIT "C" CONSTRUCTION AND REIMBURSEMENT SCHEDULE—Revised 12/2021 THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC. Activity CDBG Funds Total Costs for Rehabilitation of Karl Travis Men's Center Kitchen $360,000.00 • Contract signed • Procurement for Architectural & PHASE I Engineering* COMPLETED by: . Architectural & Engineering February 28,2022 Fees $26,400.00 *Contractor/subcontractor/vendor searches under the Federal System for Award Management(www.sam.gov)must be submitted prior to any reimbursement under the Phase. Construction/Rehabilitation of Karl Travis Men's Center Kitchen: • Procurement for Construction PHASE II Contractor* COMPLETED BY: • Construction Costs $323,600.00 June 30,2022 • 100% Completion of Project *Contractor/subcontractor/vendor searches under the Federal System for Award Management(www.sam.gov)must be submitted prior to any reimbursement under the Phase. Completion/Close Out of Karl Travis Men's Center Kitchen: PHASE III Punch List/Final Inspections by FINAL PAYMENT Neighborhood Services COMPLETED BY: Department Inspectors $10,000.00 December 30,2022 • Rehabilitation Completed • Final Reimbursement Forms to include Section 3 Report per CBDG contract Section 10 and 14.11.3 TOTAL CDBG FUNDS $360,000.00 FIRST AMENDMENT to CSC NO.55617 Page 5 The Presbyterian Night Shelter of Tarrant County,Inc. Karl Travis Men's Center Kitchen Rehabilitation Project Rev. 12.14.2021 City of Fort Worth,Texas Mayor and Council Communication DATE: 02/16/21 M&C FILE NUMBER: M&C 21-0108 LOG NAME: 19PRESBYTERIAN NIGHT SHELTER—KITCHEN REHABILITATION PROJECT SUBJECT (CD 8)Authorize Change in Use and Expenditure in the Amount of$320,000.00 of Unprogrammed Community Development Block Grant Funds to the Presbyterian Night Shelter of Tarrant County,Inc.in the Form of a Forgivable Loan for the Kitchen Rehabilitation Projed at the Karl Travis Men's Center Located at 2400 Cypress Street,Authorize Execution of Contract,Authorize a Substantial Amendment to the City's 2014-2015, 2015-2016,2016-2017,2017-2018 and 2018-2019 Action Plans,Authorize the Substitution of Funding Years,and Find that Funding the Renovation Serves a Public Purpose RECOMMENDATION: It is recommended that the City Council: 1. Authorize a change in use and expenditure in the amount of$320,000.00 in unprogrammed Community Development Block Grant funds to The Presbyterian Night Shelter of Tarrant County,Inc.in the form of a forgivable loan for the Kitchen Rehabilitation project located in the Karl Travis Men's Center at 2400 Cypress Street,Fort Worth,Texas; 2. Authorize a substantial amendment to the City's 2014-2015,2015-2016,2016-2017,2017-2018 and 2018-2019 Action Plans; 3. Authorize the City Manager,or his designee,to substitute funding years in order to meet United States Department of Housing and Urban Development commitment,disbursement and expenditure deadlines; 4. Authorize the City Manager,or his designee,to execute a contract with The Presbyterian Night Shelter of Tarrant County,Inc.for the project for a one year term beginning on the date of execution of the contract; 5. Authorize the City Manager,or his designee,to extend or renew the contract with up to two one-year extensions if The Presbyterian Night Shelter of Tarrant County,Inc.requests an extension and such extension is necessary for completion of the project; 6. Authorize the City Manager,or his designee,to amend the contract 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;and 7. Find that funding the rehabilitation of the kitchen in the Karl Travis Men's Center achieves the public purpose of providing meals to the homeless population in the City and helps ensure their health and welfare and that adequate controls are in place to ensure that the public purpose is carried out. DISCUSSION: The Presbyterian Night Shelter of Tarrant County,Inc.(PNS),has requested$320,000.00 in Community Development Block Grant(CDBG)funds, in the form of a forgivable loan,for the Kitchen Rehabilitation project in the Karl Travis Men's Center(Project)located at 2400 Cypress Street.The agency requested this assistance from the CARES Emergency Solution Grant(ESG-CV2)received in summer of 2020 in order to appropriately respond to COVID-19 by ensuring adequate health,safety,and social distancing for food preparation at the shelter.To ensure that the maximum amount of ESG-CV2 funds could be spent on rapid rehousing of homeless persons,staff recommended that unprogrammed CDBG funds be used for this purpose.The Project will address key concerns for how foods offered at the shelter can be safety handled and delivered to the public while safeguarding workers. PNS operates the Presbyterian Night Shelter,which serves approximately 350 homeless individuals daily and serves more than 500,000 meals per year which includes breakfast,lunch,and dinner for the men's shelter,women's shelter,family center,SafeHaven,and the Patriot House. In an effort to continue to provide a safe environment for volunteers to prepare and provide meal services to homeless individuals,the scope of work for the Project includes,but is not limited to,demolition work,replacement of walls and flooring,replacement of tiles,dry wall installation, painting,plumbing,electrical and any other necessary repairs to bring the kitchen up to City standards. Staff recommends the following loan terms: i. Contract term of one year commencing on the date of execution with the option for two one-year extensions; ii. Payment of the CDBG funds and performance of the CDBG requirements will be secured by a Deed of Trust and other loan documents; hi. No interest will be charged on the loan unless PNS defaults under the terms of the contract; iv. Loan term to commence on the date of execution of ban documents and end at the termination of the five year performance period; v. Performance period shall begin upon issuance of a Certificate of Occupancy for use of the rehabilitated portion of the shelter;and A. Loan will be deferred and forgiven at the end of the five-year performance period if all CDBG requirements and terns and conditions of the contract have been met. Staff recommends that City Council approve amendments to the 2014-2015,2015-2016,2016-2017,2017-2018 and 2018-2019 Action Plans, and authorize the expenditure of$320,000.00 in CDBG funds for the Project.A public comment period was held from November 16,2020 to December 16,2020. No comments were received. The Action Plan funding years selected may vary and be substituted based on the principle of First In, First Out(FIFO)in order I expend oldest grant funds first.The funds may be used for any CDBG-eligible costs related to this project on behalf of homeless population. The Project will help provide meals to the homeless individuals in the City which is vital for protecting their health and safety and connecting them to critical resources that can help them exit homelessness.The City's contract and loan documents will ensure that the public purpose will be carried out. The project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation,funds are available in the current operating budget,as appropriated,in the Grants Operating Federal Fund.Neighborhood Services will be responsible for the collection and deposit of funds due to the City.Prior to expenditure being incurred,Neighborhood Services has the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Oriainatina Business Unit Head: Additional Information Contact: