HomeMy WebLinkAboutContract 46163-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 46163
WHEREAS the City of Fort Worth ("City") and Tarrant County Housing Partnership,
Inc., ("Agency")made and entered into City Secretary Contract No. 46163 ("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 Community Development Block Grant Program ("CDBG");
WHEREAS, the CDBG regulations require that documentation must be submitted to City
which verifies that 51% of the clients served by the Agency's Program are income eligible with
current household incomes at or below 80% of AMI;
WHEREAS, the purpose of this amendment is to clarify Agency's reporting requirements
regarding the clients it serves in the Program for which City is furnishing CDBG Funds in
accordance with the Contract; and
WHEREAS, it is the mutual desire of City and Agency to amend the Contract to
complete the Program and meet Contract objectives.
NOW, THEREFORE, City and Agency hereby agree to amend the Contract as follows:
I.
Section 2. DEFINITIONS is amended by substituting the following for the current
definitions in the Contract:
"Complete Documentation means the following documentation as applicable:
• Attachments I,II, and III, with supporting documentation including:
• Proof of expense: copies of timesheets, invoices, leases,
service contracts or other documentation showing that payment
is due by Agency.
• Proof of payment: cancelled checks, bank statements, or wire
transfers necessary to demonstrate that amounts due by Agency
were actually paid by Agency.
• Proof of client eligibility: either(i)verifiable self-certification
of income such as the City's Certification Income Statement
attached as EXHIBIT "E" — Form of Income Self-
Certification, or(ii) Source Documentation."
"Director means the Director of the Neighborhood Services Department."
"Income Eligible Client means a client whose annual income adjusted for family
size does not exceed 80% of AMI using the most current HUD Income
Amendment No. 1 to CSC No.46163 `i �G� �'a,r i�„�C�„'� "1�, ,'fit y Page 1
Tarrant County Housing Partnership,Inc.(CDBG) , p� Rev.09/2015
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Guidelines and Technical Guidance for Determining Income and Allowances.
The definition of annual income to determine client income eligibility shall be the
definition contained in 24 CFR Part 5.609, as amended from time to time."
"National Objective means an activity that benefits low and moderate income
persons. For the purposes of this Contract, at least 51% of the clients served by
the Program must be Income Eligible Clients."
"Neighborhood Services Department means the City's Neighborhood Services
Department."
"Source Documentation means documentation of full household income of any
type described under the definition of annual income in 24 CFR Part 5.609,
including but not limited to copies of paychecks, Social Security and disability
verification letters, interest or rental income statements, retirement income
statements, child support and alimony verification, unemployment benefit letters,
and the like."
"Unduplicated Clients means a count of all clients served by the Program at least
once in the Contract term. Clients served by the Program more than once in the
Contract term will only be counted the first time they are served when
determining the total count of Unduplicated Clients."
Section 2. DEFINITIONS is amended by deleting the following definitions in the
Contract:
"CDBG Eligible Client means a client whose annual income adjusted for family
size does not exceed 80% of AMI using the most current HUD Income
Guidelines and Technical Guidance for Determining Income and Allowances
verified by either Source Documentation or the form in Exhibit "E" — Form of
Income Self-Certification. Agencies serving 100% Clientele must follow the
requirements set forth in Section 6.1.3."
"HED Department means the City's Housing and Economic Development
Department."
Il.
Section 6. CLIENT ELIGIBILITY VERIFICATION is deleted in its entirety and
replaced by the following:
"6.1 Client Eligibility.
Agency will document client eligibility as follows:
Amendment No. 1 to CSC No.46163 Page 2
Tarrant County Housing Partnership,Inc.(CDBG) Rev.09/2015
6.1.1. Agency Clients.
Agency must verify all new clients' income with either a verifiable self-
certification of income such as the City's Certification Income Statement attached as
EXHIBIT "E" — Form of Income Self-Certification or Source Documentation.
Agency must use the annual income definition in 24 CFR Part 5.609 to establish client
income and must use the most current HUD Income Guidelines. The income of all
Program clients must be documented and at least 51% of them must be Income Eligible
Clients.
6.1.1.1 If Agency serves both Fort Worth and non-Fort Worth clients, the
proportion of Program costs allocated to the CDBG-funded portion of the
Program Budget must be consistent with the proportion of Fort Worth
clients to all clients served.
6.1.1.2 All Program clients must be reported on EXHIBIT "D" —
Reimbursement Forms, Attachment III. All Program clients whose
income has not been verified will be deemed to not be Income Eligible
Clients and shall not be included in the 51%.
6.2 Submission of Complete Documentation.
Agency must submit copies of documentation of client eligibility described in
Section 6.1 with Attachment III with each month's Reimbursement Request for all
Unduplicated Clients.
6.3 Agency must maintain copies of all documentation required by this
Section 6 for 5 years following the expiration of the Contract term. This Section shall
survive the earlier termination or expiration of this Contract."
III.
Section 9.2.2.1 and Section 9.2.2.2 are deleted and replaced by the following:
"9.2.2.1 For payroll expenses, timesheets signed by employees and approved
by supervisor for all payroll expenses listed. Timesheets must
distinguish between CDBG-funded time and non-CDBG funded time
and reflect actual time spent on CDBG-funded activities. Agency may
not submit payroll expenses dated more than 120 days before the date
of the Reimbursement Request.
9.2.2.2 For non-payroll expenses, invoices for each expense listed with an
explanation as to how the invoiced expense pertains to the Program.
Agency may not submit invoices dated more than 120 days before the
date of the Reimbursement Request."
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Tarrant County Housing Partnership,Inc.(CDBG) Rev.09/2015
IV.
Section 9.2.3 Attachment III—Client Data Report is deleted and replaced by the
following:
"9.2.3 Attachment III—Client Data Report
This report shall list each Unduplicated Client served during the month
along with his or her demographic information. The Client Data Report must
maintain a list of all clients served during the Contract term. In order for this
report to be complete,the following must be submitted:
9.2.3.1 Documentation of income verification for each
Unduplicated Client the first time the client is served by
the Program, which will either be the completed form
of EXHIBIT "E" - Form of Income Self
Certification or Source Documentation"
V.
Exhibit "A" — Program Summary and Attachment III attached to the Contract are
hereby replaced with the attached Exhibit "A"—Program Summary Revised 05/2015 and the
attached Attachment III Revised 05/2015.
Vl.
This amendment is effective as of the Effective Date of the Contract except for the
amendments to Section 9.2.3, Exhibit "A" — Program Summary Revised 05/2015 and
Attachment III Revised 05/2015 which shall be effective May 1, 2015.
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.46163 Page 4
Tarrant County Housing Partnership,Inc.(CDBG) Rev.09/2015
ACCEPTED AND AGREED:
TARRANT COUNTY HOUSING CITY OF FORT WORTH
PARTNERSHIP, INC.
By: By
o Va ss, esiden Fernando Costa, Assistant City Manager
ATTEST: % APPROVED AS TO FORM AND
LEGLITY:
City Sec e,' ` 3 Assistant City Attorney
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Amendment No. 1 to CSC No.46163 Page 5
Tarrant County Housing Partnership,Inc.(CDBG) Rev.09/2015
TARRANT COUNTY HOUSING PARTNERSHIP EXHIBIT "A"
Homebuyer Counseling and Education PROGRAM SUMMARY
Revised 05/2015
PROGRAM SUMMARY
(CDBG)
October 1, 2014 to September 30, 2015 $124,000.00
PERIOD AMOUNT
Capitalized terms not defined herein shall have meanings assigned them in the Contract.
PROGRAM:
The Program will provide housing counseling services including homeownership training in
accordance with HUD requirements; in depth one-on-one pre-purchase housing counseling
consisting of money management, household budgeting and consumer education; and group
education workshops as well as foreclosure prevention services to income eligible home buyers
and home owners.
The Program may provide services to Fort Worth and non-Fort Worth clients. Agency will
submit documentation which verifies that 51% of Fort Worth clients are Income Eligible Clients
with current household incomes at or below 80% of AMI.
CDBG Funds will be used to pay for a percentage of salaries for Program employees. The
percentage of any Program employee's salary shall be cost-allocated quarterly in accordance
with the percentage of Fort Worth clients participating in the Program. CDBG Funds will also
be used to pay for a portion of the rent for the Program facility but that portion shall not exceed
the percentage of Fort Worth clients in the Program and shall be cost-allocated in accordance
with the amount of space used for the Program.
Agency's office and Program services will be available at 3204 Collinsworth St., Fort Worth, TX
76107, Monday through Friday, 8:00 a.m. to 5:00 p.m., with occasional classes on weekday
evenings and Saturday.
REGULATORY CLASSIFICATION:
IDIS Matrix Code(s) and Service Category: 05U Housing Counseling
National Objective Citation: LMC Low/Mod Limited Clientele 24 CFR 570.208(a)(2)
Regulatory Citation(s): 24 CFR 570.201(e) -
Amendment No. 1 to CSC No.46163 Page 6
Tarrant County Housing Partnership,Inc.(CDBG) Rev.09/2015
PROGRAM GOALS:
Minimum Fort Worth Performance Outcome: At least 51% of Fort Worth clients served by
the Program must be Income Eligible Clients. For example, if 800 clients out of 1,000 clients
served by the Program are from Fort Worth, 408 of those Fort Worth clients must also be Income
Eligible Clients. In this example, Agency would be required to furnish City 1,000 Certification
of Income Statements that prove at least 408 of the Fort Worth clients served by the Program are
Income Eligible Clients.
Minimum Number of Fort Worth Clients to be Served: The Program must serve a minimum
of 450 Unduplicated Clients from Fort Worth as shown by the monthly reports on Attachment
III.
When determining the number of clients which constitutes 51%, HUD regulations require that
partial numbers must be rounded up.
Amendment No. 1 to CSC No.46163 Page 7
Tarrant County Housing Partnership,Inc.(CDBG) Rev.09/2015
ATTACHMENT III
CLIENT DATA REPORT
Revised 05/2015
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Amendment No. 1 to CSC No.46163 Page 8
Tarrant County Housing Partnership,Inc.(CDBG) Rev.09/2015
City of Fort worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/5/2014 — Ordinance No.21363-08-2014
CONTINUED FROM A PREVIOUS WEEK
DATE: Tuesday, July 22, 2014 REFERENCE NO.: C-26893
LOG NAME: 17HUDACTIONPLANPY2014-2015
SUBJECT:
Conduct Two Public Hearings and Approve the City's Action Plan for the Use of Federal Grant Funds in the
Amount of$9,827,252.00 from the United States Department of Housing and Urban Development for
Program Year 2014-2015 from the Community Development Block Grant, HOME Investment Partnerships
Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS Grant Programs,
Authorize Collection and Use of Program Income,Authorize Waiver of Application of Indirect Cost Rates,
Authorize Execution of Related Contracts and Interdepartmental Letters of Agreement and Adopt
Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct two public hearings to allow citizen input and consideration of the City's 2014-2015 Action Plan
for use of federal grant funds from the United States Department of Housing and Urban Development in the
amount of$9,827,252.00 for Program Year 2014-2015 from the Community Development Block Grant,
HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for
Persons with AIDS grant programs and for the use of program income from activities using prior years'
federal grant funds;
2. Approve the City's 2014-2015 Action Plan for submission to the United States Department of Housing
and Urban Development including allocations of grant funds to particular programs and activities as detailed
below;
3. Authorize the collection and use of an estimated amount of$50,000.00 of program income resulting from
activities using prior years' Community Development Block Grant funds for the programs and activities
detailed below;
4. Authorize the collection and use of an estimated amount of$100,000.00 of program income resulting from
activities using prior years' HOME Investment Partnerships Program funds for the City's Homebuyer
Assistance Program;
5. Authorize the City Manager or his designee to execute contracts and Interdepartmental Letters of
Agreement for a one year term with the agencies listed below in Tables 1, 2 and 3 for Program Year
2014-2015 for Community Development Block Grant, Emergency Solutions Grant and Housing
Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding;
6. Authorize the City Manager or his designee to extend the contracts and Interdepartmental Letters of
Agreement for up to one year if an agency or department requests an extension and such extension is
necessary for completion of the program, or to amend the contracts and Interdepartmental Letters of
Agreement if necessary to achieve program goals provided any amendment is within the scope of the
program and in compliance with City policies and all applicable laws and regulations governing the use of
federal grant funds;
8. Authorize a waiver of indirect cost rates as applicable for the Grants Fund, in accordance with the City's
Administrative Regulations; and
9. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the
Grants Fund in the total amount of$9,827,252.00 consisting of$6,193,950.00 in Community Development
Block Grant funds, $2,143,383.00 in HOME Investment Partnerships Program funds, $493,901.00 in
Emergency Solutions Grant funds and $996,018.00 in Housing Opportunities for Persons with AIDS grant
funds,plus any program income, all subject to receipt of such funds.
DISCUSSION:
The City's Annual Action Plan summarizes the major housing and community development activities and
proposed expenditures for use of federal grant funds totaling $9,827,252.00 from the United States
Department of Housing and Urban Development (HUD) for Community Development Block Grant(CDBG),
HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and Housing
Opportunities for People with AIDS (HOPWA) grant programs for the program year beginning October 1,
2014 and ending September 30, 2015. This year's Action Plan also summarizes the use of program income
resulting from activities using prior years' CDBG and HOME funds. The purpose of these grant funds is to
primarily benefit low and moderate income City residents, with ESG funds primarily benefiting homeless
persons and HOPWA funds primarily benefiting persons with HIV/AIDS.
Staff developed recommendations for the allocation of the estimated funding from HUD and presented them
to the Community Development Council(CDC) on May 21, 2014 and to the City Council at the Pre—Council
meeting on June 10, 2014. Notice of a 30—day public comment period from July 2, 2014 to July 31, 2014 was
published in the Fort Worth Star—Telegram on June 28, 2014. Any comments received will be maintained by
the Housing and Economic Development Department, in accordance with federal regulations. The City will
hold two public hearings as part of the HUD—required citizen participation process, the first on July 22, 2014
and the second on August 5, 2014 at which time the City Council is scheduled to approve the Action Plan. In
addition, public hearings were held on June 24, 2014 at 10:00 a.m, and 6:00 p.m. for citizens to provide
comment on the proposed list of neighborhood streets eligible for reconstruction using CDBG funds.
A summary of the CDC's funding recommendations is provided below in Tables 1, 2 and 3 and a spreadsheet
of all specific funding recommendations is attached. The Action Plan must be submitted to HUD by August
15, 2014.
For Program Year 2014-2015, it is recommended that the amount of$6,193,950.00 in CDBG funds and the
estimated amount of$50,000.00 of CDBG program income be allocated as follows:
Public Services —$929,092.50
This item includes social services for low to moderate income, disabled and disadvantage populations.
Housing Programs and Services —$2,150,600.00
This item includes funding for the City's Priority Repair Program, Cowtown Brush—Up, homebuyer and
housing services and accessibility modifications to the homes of senior and/or disabled individuals and
related project delivery costs for these programs.
CDBG Match Funds —$500,000.00
This item includes match funds for the Lead Grant program.
Infrastructure Services —$638,126.80
This item includes funding for reconstruction of neighborhood streets.
CDBG Economic Development—$737,340.70
This item is the City's annual payment on its Section 108 loan from HUD.
CDBG Estimated Program Income —$50,000.00
The CDC recommended allocating any CDBG program income for the reconstruction of neighborhood
streets.
CDBG General Administration —$1,238,790.00
This item includes costs for administering the CDBG grant including allocations for Financial Management
Services,Internal Audit and Transportation and Public Works Departments.
For Program Year 2014-2015, it is recommended that the amount of$2,143,383.00 in HOME funds and the
estimated amount of$100,000.00 of HOME program income be allocated as follows:
Homebuyer Assistance Program —$1,097,405.70
This items includes funding for down payment and/or closing cost assistance to low and moderate income
homebuyers.
Community Development Housing Organizations (CHDO)Set Aside —$321,507.40
HUD requires that a minimum of 15 percent of HOME funds be allocated to CHDOs for affordable housing
projects and CHDO administrative operating costs. These funds will be used to complete the Hillside
Morningside Neighborhood Single Family Infill Development which will result in the construction of up to
17 single family houses by the Tarrant County Housing Partnership CHDO.
Multifamily Development—$510,131.60
Funding will be used for the Columbia at Renaissance Square, an approximately 140—unit mixed income
development, with 28 market rate units. The rest of the units will provide quality affordable housing to Fort
Worth families with incomes at or below 80 percent of Area Median Income. The development will be
located at 3801 W.G.Daniels Drive in Council District 8.
HOME General Administration —$214,338.30
This item includes costs for administering the HOME grant.
HOME Estimated Program Income —$100,000.00
The program income will be used in the City's Homebuyer Assistance Program.
For Program Year 2014-2015, it is recommended that the amount of$996,018.00 in HOPWA funds be
allocated as follows:
Non—Profit Service Providers —$966,137.46
HOPWA Program Administration —$29,880.54
For Program Year 2014-2015, it is recommended that the amount of$493,901.00 in ESG funds be allocated
as follows:
Non—Profit Service Providers —$456,858.42
ESG Program Administration —$37,042.58
The CDC and Staff recommend that contracts be executed with the agencies listed below in the amounts
shown in the following tables:
Community Development Block Grant:
Table I — CDBG Agencies
Organization Program Amount
Women's Center of Tarrant County Senior Services $ 75,000.00
Senior Citizens of Greater Tarrant County Senior Services $ 93,092.50
YMCA of Metropolitan Fort Worth Child Care Services $ 50,000.00
YWCA of Fort Worth and Tarrant County Child Development $ 50,000.00
Childcare Associates Child Care Services $ 50,000.00
Girls Inc. of Tarrant County Youth Services $75,000.00
Camp Fire Youth Services $75,000.00
Lena Pope Home Youth Services $75,000.00
Ladder Alliance Employment/Job Training $75,000.00
Tarrant County Housing Partnership Housing Counseling & $ 124,000.00
Education
Presbyterian Night Shelter Case Management/Main Shelter $ 82,000.00
Meals on Wheels of Tarrant County Home—delivered Meals $ 105,000.00
Program
CDBG Public Service Subtotal $929,092.50
*REACH Resource Center on Independent
Need—Project Ramps $75,000.00
Living
Total CDBG Contracts $1,004,092.50
*REACH will be fitnded from the CDBG Housing Programs budget.
Housing Opportunities For Persons With AIDS:
Table 2 —HOPWA Agencies
Organization Program Amount
Tarrant County
Samaritan Housing, Administration(seven percent) and Supportive Services $409,380.46
Inc.
AIDS Outreach Administration(seven percent), Supportive Services,
Tenant Based Rental Assistance(TBRA), and Short Term $556,757.00
Center,Inc. Rent Mortgage and Utility Assistance(STRMU)
TOTAL HOPWA
$966,137.46
Contracts
Emergency Solutions Grant:
Table 3 —ESG Agencies
Organization Program Amount
SafeHaven of Tarrant County Shelter Services $ 85,065.00
Presbyterian Night Shelter Shelter Services $ 95,544.00
Day Resource Center for the Homeless Shelter Services $115,732.00
The Salvation Army, a Georgia Homelessness Prevention/Rapid
Corporation Re—Housing $ 43,136.00
Catholic Charities of Fort Worth Homelessness Prevention/Rapid $117,381.42
Re—Housing
TOTAL ESG Contracts 1 $456,858.42
These programs are available in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
adoption of the attached appropriation ordinance and receipt of grant funds,funds will be available in the
current operating budget, as appropriated, of the Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 451727 01720672OXXX $6.193950.00
GR76 5XXXXX 01720672OXXX $6.193.950.00
GR76 451727 017206721XXX $2.143.383.00
GR76 5XXXXX 017206721XXX $2.141383.00
GR76 451727 017206723XXX $493.901.00
GR76 5XXXXX 017206723XXX $493,901.00
GR76 451727 017206724XXX $996.018.00
GR76 5XXXXX 017206724XXX $996.018.00
GR76 476091 01720672OXXX $50.000.00
GR76 5XXXXX 01720672OXXX $50.000.00
GR76 476076 017206721XXX $100.000.00
GR76 5XXXXX 017206721XY-X $100,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Jay Chapa (5804)
Additional Information Contact: Cynthia Garcia (8187)
Leticia Rodriguez (7319)
ATTACHMENTS
1. 17HUDACTIONPLANPY2014-2015 AO 2014.docx
2. Action Plan 14 —15.12df
3. PROPOSED 2014 CDBG Streets Attachment.pdf