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Home My WebLink AboutContract 53209-A1 CSC No.53209-A1 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM GENERAL REVENUE FIRST AMENDMENT TO CONTRACT NUMBER 63206010006 WITH City of Fort Worth, a political subdivision of the State of Texas This First Amendment FY 2020 Homeless Housing and Services Program Contract Number 63206010006 ("First Amendment") by and between the Texas Department of Housing and Community Affairs,a public and official agency of the State of Texas("Department"), and City of Fort Worth,a political subdivision of the State of Texas ("Subrecipient"), hereinafter collectively referred to as "Parties", is executed to be effective on the date provided herein. RECITALS WHEREAS, on November 18, 2019 and November 7, 2019, the Department and Subrecipient, respectively,respectively,executed the FY 2020 Homeless Housing And Services Program Contract Number 63206010006 to be effective on September 1,2019 ("Contract"); WHEREAS,on March 26, 2020,the Department's Governing Board approved a wavier that permits the use of 2018 and 2019 Homeless Housing and Services Program ("HHSP") reallocated funding to assist persons experiencing homelessness and at-risk of homelessness economically impacted by the Coronavirus Disease 2019("COVID-19")pandemic; WHEREAS,the Parties desire to add 2018 HHSP reallocated funding under Contract Number 63186010004 to the Contract amount under this Contract Number 63206010006; WHEREAS, the Contract failed to require compliance with the information security and privacy requirements under 10 TAC§1.24; WHEREAS,the Parties desire to amend the "Performance Statement' attached as Exhibit A to this Contract Number 63206010006 to add one(1) Performance Statement for fiscal year 2018 to accommodate the additional 2018 HHSP reallocated funds under Contract Number 63186010004; WHEREAS,the Parties desire to amend the"Budget" attached as Exhibit B to the Contract to add one(1)Budget for fiscal year 2018 to accommodate the additional 2018 HHSP reallocated funds under Contract Number 63206010006 under Contract Number 63186010004; WHEREAS, in accordance with-Section 11 of the Contract and 10 TAC§7.4(e), the Department has authority to amend the Contract accordingly;and WHEREAS,the Parties desire to amend the Contract in the manner provided herein below. AGREEMENTS NOW THEREFORE,for valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties agree asfollows: 1. Subsection Din Section 4, DEPARTMENT FINANCIAL OBLIGATIONS,of the Contract,is hereby amended to read as follows: First Amendment to HHSP Contract Number 63206010006 Page 1 of 5 OFFICIAL RECORD CI 'SECRETARY "D. Notwithstanding any other provision of this Contract,the total payments and obligations incurred by Department under this Contract(which includes the 2018 reallocated funds under Contract Number 63186010004)shall not exceed the sum of four hundred eighty thousand,five hundred fifty-five dollars ($480,555.00)." 2. Section 22, COMPLIANCE WITH LAWS, of the Contract is hereby amended to add new Subsection I to read as follows: "I. INFORMATION SECURITY AND PRIVACY REQUIREMENTS. Subrecipient shall comply with the information security and privacy requirements under 10 TAC§1.24 to ensure the security and privacy of Protected Information (as said term is defined under 10 TAC §1.24). Prior to beginning any work under this Contract,Subrecipient shall either(i) have an effective, fully executed Information Security and Privacy Agreement ("ISPA"), as required by 10 TAC§1.24,on file with the Department, or 00 will execute and submit to the Department an ISPA in accordance with instructions found on the Department's website at the"Information Security and Privacy Agreement" link." 3. Subsection B of Section 31, ORAL AND WRITTEN AGREEMENS, of the Contract is hereby amended to read as follows: "B.The attachments enumerated and denominated below are a part of this Contract and constitute promised performances under this Contract: (1) Addendum A-Certification Regarding Lobbying for Contracts,Grants, Loans,and Cooperative Agreements (2)Addendum B-Certification Regarding Drug-Free Workplace Requirements (3)Addendum C-Certification Regarding Debarment,Suspension and Other Responsibility Matters (4)Addendum D—PRWORA Requirements (5) Exhibit A- Performance Statement (6) Exhibit A-1-Performance Statement(2018) (7) Exhibit B- Budget (8) Exhibit B-1- Budget(2018)" 4. The "Performance Statement" attached as Exhibit A to the Contract is hereby amended to add a "Performance Statement(2018)"for reallocated funds under Contract Number 63186010004 for the 2018 fiscal year to be attached as Exhibit A-1 to the Contract, consisting of one page, attached as Attachment#1 to this First Amendment. 5. The "Budget" attached as Exhibit B to the Contract is hereby amended by adding a `Budget (2018)"for reallocated funds under Contract Number 63186010004 for the 2018 fiscal year to be attached as Exhibit B-1 to the Contract, consisting of one page, attached as Attachment#2 to this First Amendment. 6. All of the remaining terms of the Contract shall be and remain in full force and effect as therein set forth and shall continue to govern except to the extent that said terms conflict with the terms of this First Amendment. In the event this First Amendment and the terms of the Contract are in conflict,this First Amendment shall govern, unless it would make the Contract void by law. 7. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. First Amendment to HHSP Contract Number 63206010006 Page 2 of 5 8. This First Amendment may be executed in several counterparts,each of which shall be deemed to be an original copy, and all of which together shall constitute one agreement binding on Parties, notwithstanding that all the Parties shall not have signed the same counterpart. 9. If any of the Parties returns a copy by facsimile machine or electronic transmission,the signing party intends the copy of its authorized signature printed by the receiving machine or the electronic transmission to be its original signature. 10. By signing this First Amendment,the Parties expressly understand and agree that its terms shall become a part of the Contract as if it were set forth word for word therein. 11. This First Amendment shall be binding upon the Parties hereto and their respective successors and assigns. 12. This First Amendment shall be effective on the date executed by both parties. AGREED TO AND EXECUTED BY: SUBRECIPIENT: City of Fort Worth, a political subdivision of the State of Texas 5..,%l,1____ By:Fernando Costa(May 28,202010:12 CDT) Name: Fernando Costa Title: Assistant City Manager Date: May 28,2020 THIS CONTRACT,AS AMENDED, IS NOT EFFECTIVE UNLESS SIGNED BY THE EXECUTIVE DIRECTOR OF THE TEXAS DEPARTMENT AND COMMUNITY AFFAIRS, OR HIS/HER AUTHORIZED DESIGNEE. DEPARTMENT: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas a public and official agency of the State of Texas r By: 'D Name: Abi it versyp Title: Its dul / zed officer or representative Date: c First Amendment to HHSP Contract Number 63206010006 Page 3 of 5 LFT. I�AL RECORD SECRETARY ORTH, TX IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in multiple originals on the date written below their respective signatures to be effective on the Effective Date. CITY OF FORT WORTH: ACCEPTED AND AGREED: CITY OF FORT WORTH: OR t .l ATTEST: 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 13 r reporting requirements. Name: Mary J.K4VA4r, Title: City Secretarys' peroz Tara Perez(biay 28,202D IO:OS CDT) By. Name: Tara Perez Title: Directions Home Manager APPROVED AS TO FORM AND LEGALITY: Jo Pata(Ma I ,20201.0t1.3CDT) By. _ Name: Jo Ann Pate Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 1295: Ordinance No.24161-04-2020 OMCNAL RECORD a SECRETARY TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM GENERALREVENUE FIRST AMENDMENT TO CONTRACT NUMBER 63206010006 WITH City of Fort Worth, a political subdivision of the State of Texas ATTACHMENT#1 EXHIBIT A-1 PERFORMANCE STATEMENT(2018) For Funds Allocated Under CONTRACT NUMBER 63186010004 City of Fort Worth, a political subdivision of the State of Texas Subrecipient shall carry out the following activities identified herein by implementing a Texas Homeless Housing and Services Program ("HHSP") in accordance with the State Act and its implementing rules under the HHSP State Rules. Close-Out Process: Ends November 15, 2020 Contract Term: March 26, 2020—August 31, 2020 Service Area: City of Fort Worth Program Activities Subrecipient agrees to perform the following measurable activities: A.Served 1. Persons entering HHSP projects: 8 2. Persons experiencing Homelessness served with essential services: 0 3. Persons At-risk of Homelessness served with essential services: 0 4. Persons served with Homeless Assistance ("HA"): 8 5. Persons served with Homelessness Prevention ("HP"): 0 6. Persons who used a day or night shelter: 0 7. Persons served with Case Management: 0 B. Outcomes 1. Persons experiencing Homelessness who maintained housing for three months after HHSP exit: 6 2. Persons At-risk of Homelessness who maintained housing for three months after HHSP exit: 0 C. New Beds 1. New beds created through Shelter Construction: 0 2. New beds created through Shelter Rehabilitation: 0 3. New beds created through Shelter Conversion: 0 First Amendment to HHSP Contract Number 63206010006 Page 4 of 5 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM GENERALREVENUE FIRST AMENDMENT TO CONTRACT NUMBER 63206010006 WITH City of Fort Worth, a political subdivision of the State of Texas ATTACHMENT#2 EXHIBIT B-1 BUDGET(2018) For Funds Allocated Under CONTRACT NUMBER 63186010004 City of Fort Worth, a political subdivision of the State of Texas DEPARTMENT FINANCIAL OBLIGATIONS Additional funds may be obligated via Amendment(s) during the Contract Term. Funds may only be obligated and expended during the current Contract Term,and reported during the Close-Out Process. Unexpended fund balances will be recaptured. II. BUDGET FOR AVAILABLE ALLOCATIONS ADMINISTRATION $0.00 CASE MANAGEMENT SALARY $0.00 CONSTRUCTION/REHABILITATION/CONVERSION $0.00 ESSENTIAL SERVICES $0.00 FINANCIAL ASSISTANCE-HOMELESS $ 22,428.00 ASSISTANCE FINANCIAL ASSISTANCE-HOMELESSNESS $0.00 PREVENTION OPERATIONS $0.00 TOTAL FUNDS AWARDED $22,428.00 Ill. FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS: Denotes that the Subrecipient must request in writing any adjustment needed to a budget category before the Department will make any adjustments to the budget categories. Only those written request(s) from the Subrecipients received at least thirty (30) calendar days prior to the end of the Contract Term will be reviewed.The Department may decline to review written requests received during the final thirty (30)calendar days of the Contract Term. First Amendment to H SP Contract Number 63206010006 Page 5 of 5