HomeMy WebLinkAboutContract 33862 �E ► '= "EC'RETARY
NO, L
AMENDMENT TO CITY SECRETARY
CONTRACT NO. 31985
WHEREAS, on June 29, 2005, the City of Fort Worth ("City") and Presbyterian Night
Shelter of Tarrant County aka Presbyterian Night Shelter("Contractor") made and entered into
City Secretary Contract No. 31985 (the "Contract");
WHEREAS, the Contract provided funding to Contractor pursuant to a grant received by
City from the United States Department of Housing and Urban Development ("HUD") under
Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act, as amended, (42 USC
11371 et seq.) in connection with the Emergency Shelter Grants ('BSG") program, Program No.
S-06-MC-48-0006, for Year XXXI;
WHEREAS, the ESG program provides homeless persons with basic shelter and essential
supportive services;
WHEREAS, the Contract expires by its terms on May 31, 2006;
WHEREAS, it the mutual desire of City and Contractor to extend City Secretary Contract
No. 31985 in order to fulfill the objectives of the Program described in the Contract.
NOW, THEREFORE, City, whose address is 1000 Throckmorton St., Fort Worth TX
76102, acting by and through Dale A. Fisseler, its duly authorized Assistant City Manager, and
Presbyterian Night Shelter of Tarrant County aka Presbyterian Night Shelter, whose address is
2400 Cypress Street,Fort Worth, TX 76102, acting by and through Cee Yager, its duly
authorized Board President, do hereby agree as follows:
I.
1. Scope of Services This section is amended to be and read as follows by adding new
subsections a and c:
"a. Contractor will administer Emergency Shelter services to citizens of the City of Fort
Worth under the program name Elderly and Infirmary Care ("Program") for the term from June
1, 2005 to August 31, 2006."
"a. Contractor agrees to meet the National Objective of activities benefiting low and
moderate-income individuals and to maintain full documentation supporting fulfillment of this
National Objective in its files. All such documentation shall be furnished to City upon request if
necessary for City to fulfill its obligations under its Federal grant. If this documentation is not
maintained and furnished to City on request, City may exercise all remedies available under this
Contract, including the right to withhold payment to Contractor on this Contract or any other
contract with Contractor, or terminate this Contract as described herein."
CONTRACT AMENDMENT OF CSC NO.31985 ^ 1] '' 2 Page 1
Presbyterian Night Shelter Elderly and Infirmary(ESG) V lu/d5u
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II.
2. Compensation and Method of Payment This section is amended to be and read as follows
by adding new subsection b.:
"b. Payment will be processed by City following receipt from Contractor of the following
monthly financial documents: (1) Attachment I- Request For Funds, (2) Attachment II-
Detail Statement of Costs, and (3) Attachment III-Expenditures Worksheet. Payment by
City to Contractor shall require completion of all City forms and copies of adequate
supporting documentation verifying eligibility of expenses as well as, where applicable,
eligibility of Program participants. Reimbursement for the payment of eligible expenses
shall be made against the budget specified in Exhibit C-Program Operating Budget and in
accordance with performance specified in Exhibit B-Program Services Schedule. City is
under no obligation to disburse funds for expenditures that occurred prior to the first day
of the month for which the reports are submitted."
III.
3. Uniform Administrative Requirements and Program Management Standards This section
is amended to be and read as follows by adding new subsection b. i.:
"c. Documentation and Record Keeping
i. Requirement
Contractor shall maintain all records pertinent to the activities to be funded under
this Contract required in 24 CFR § 574.530. In addition, Contractor agrees to keep
records to fully document all expenditures charged to the ESG portion of the
Program, including records documenting the eligibility of Program participants as
more particularly described herein. The documentation must support the amounts
charged to the Program,the eligibility of the Program participants, and demonstrate
that the expenditures were appropriate to the stated goals of the Program and
allowable and/or eligible under applicable Federal, state and City guidelines."
IV.
4. Reporting Procedures This section is amended to be and read as follows by adding new
subsection e.:
"e. Program Participant Records
i. Contractor will keep or cause to be kept an accurate record of all actions taken and all
ESG Funds expended, with source documents, in performance of this Contract. Such
records shall be kept for the time period mandated by the ESG and CDBG Regulations
and this Contract.
ii. Contractor will obtain and keep on file and furnish to City on request the following
information and/or documentation on each Program participant served by the Program
demonstrating such participant's eligibility for services provided:
CONTRACT AMENDMENT OF CSC NO.31985 yr i.1; �{'-[[`tiy Page 2
Presbyterian Night Shelter Elderly and Infirmary(ESG)
a. Participant's name, address, annual income level or other basis for determining
income eligibility, and family size of participant's household.
b. Source documentation used for income verification including but not limited to pay
check stubs, food stamp award letters, income tax returns, SSI award letters,
letters awarding unemployment benefits,W2s and the like.
c. City shall have the final determination, in its sole discretion, as to whether source
documentation used for income verification is adequate. "
V.
6. Applicable Laws Subsection a. Federal of this section is amended to be and read as
follows by adding the following:
• "Regulations at 24 CFR Part 570 pertaining to CDBG("CDBG Regulations")
• Regulations at 24 CFR Part 576 pertaining to Emergency Shelter Grants Program
("ESG Regulations")
• The Americans with Disabilities Act of 1990 (42 USC 12101 et seq)"
Subsection c. Other Laws of this section is amended to be and read as follows:
"c. Other Laws
Contractor covenants and agrees that its officers, members, agents, employees, Program
participants and subcontractors shall abide by and comply with all other laws, Federal,
state and local, relevant to the performance of this Contract, including all applicable City
ordinances, rules and regulations and Subtitle B of Title IV of the McKinney-Vento
Homeless Assistance Act, as amended, (42 USC 11371 et seq.), the ESG Regulations , as
amended,(24 CFR Part 576 et seq.), and the CDBG Regulations, as amended, (24 CFR
Part 570 et seq.). Contractor further promises and agrees that it has read, and is familiar
with, terms and conditions of the Emergency Shelter Grant under which ESG Funds are
granted and any applicable provisions of the ESG and CDBG Regulations and that it will
fully comply with them. It is agreed and understood that, if City notifies Contractor of
any such violation on the part of Contractor or any of its officers, members, agents,
employees, Program participants or subcontractors, then Contractor shall immediately
desist from and correct such violation.
VI.
14. Termination Subsection a. of this section is amended to be and read as follows:
"a. In addition to, and not in substitution for, other provisions of this Contract regarding the
provision of public services with ESG Funds, pursuant to Subtitle B of Title IV of the
McKinney-Vento Homeless Assistance Act, as amended, (42 USC 11371 et seq.), the
ESG Regulations and the CDBG Regulations, it is expressly understood and agreed by
and between the Parties that this Contract is wholly conditioned upon the actual receipt by
City of Federal ESG Year XXXI funds; that all monies distributed to Contractor hereunder
shall be exclusively from Federal monies received under said grant and not from any other
CONTRACT AMENDMENT OF CSC NO.31985 n 2, ,% wPage 3
Presbyterian Night Shelter Elderly and Infirmary(ESG)
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monies of City; and that if such funds under City's grant are not timely forthcoming, in
whole or in part, City may, at its sole discretion, terminate this Contract and City shall not
be liable for payment for any work or services performed by Contractor under or in
connection with this Contract."
All other terms and conditions of City Secretary Contract No. 31985 not amended herein
remain unaffected and in full force and effect, are binding upon the Parties, and are hereby
ratified by the Parties.
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CONTRACT AMENDMENT OF CSC NO.31985 Page 4
Presbyterian Night Shelter Elderly and Infirmary(ESG)
IN WITNESS WHEREOF,the Parties hereto bave execut d three c pies of this Contract
Amendment in Fort Worth, Texas, this day of , 2006.
ATTEST: CITY OF FORT WORTH
B
City Setary Dale A. Fiss ler /
Assistant City Mi nag
APPROVED A9 TO FO AND LEGALITY:
S
Assistant City Attorney
PRESBYTERIAN NIGHT SHELTER OF
TARRANT COUNTY
NO M&C RLQUIRLD
By:
Cee Yag Bard President
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on I , 2006
506
i by ssistant City Manager of the City of Fort rth, on behalf of the City of
Fort Worth, Texas. 1
CI IN C NO ARY PtJBLIC, STATE rEXAS
MARIA S. SANCHEZ
s9PNOTARY PUBLIC
STATE OF TEXAS
,F OF j�} My Comm.Exp.12-14-2009
z
STATE OF TEXAS §
COUNTY OF TARRANT § ��f� ?� , 2006
This instrument was acknowledged before me on
by Cee Yager, Board President of the Presbyterian Night Shelter., a Texas non-profit
corporation, on behalf of said corporation.
NOT Y PUBLIC, STATE OF TEXAS
JUSTIN M. CARTER
° Notary Public,State of Texas
MY Commission Expires
June 28,2009
CONTRACT AMENDMENT OF CSC NO.31985
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, ,J)1Presbyterian Night Shelter Elderly and Infirmary(ESG) t(�'
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Presbyterian Night Shelter
of Tarrant County
2400 Cypress Street,Fort Worth P.O.Box 2645 Fort Worth,TX 76113 Tel. 817-336-1842 Fax 817-870-4915
June 23, 2006
Sherry Johnson
Contract Compliance Specialist
Intergovernmental Affairs & Grant Management
The City of Fort Worth
1000 Throc kmorton
Fort Worth, Texas 76102
RE: Funds under City Funds Program named Elderly and Infirmary
Contract # 31985 dated June 01, 2005 for the Presbyterian Night Shelter
of Tarrant County
Dear Ms. Johnson:
We are requesting an extension of time for the above grant. As you know, The
Shelter has experienced many management changes in the last few months, which
prevented us from getting the extension request filed by the deadline. We would
very much appreciate it if you would consider granting us an extension under these
special circumstances. We commit that we will get the monies expended and the
report to you as quickly as possible.
We very much appreciate your assistance in this matter. Should you need further
information, please do not hesitate to contact me at 817.303.1205.
Sincerely,
Cee Yage
President