HomeMy WebLinkAboutContract 54528 54528
City Secretary Contract No.
FORT WORTH,
"1141
CONSTRUCTION SUPPORT SERVICES AGREEMENT
This CONSTRUCTION SUPPORT SERVICES AGREEMENT ("Agreement") is made and
entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal
corporation and D Bivens Consulting LLC d/b/a dlb Consultants ("Consultant"), a Texas limited liability
company,each individually referred to as a"party"and collectively referred to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Construction Support Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule;and
4. Exhibit C—Verification of Signature Authority Form.
Exhibits A,B and C,which are attached hereto and incorporated herein,are made a part of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and
the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement
shall control.
1. Scope of Services. Consultant shall provide construction support services related to
compliance with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), as
amended,minority/women business and labor utilization, and Davis Bacon Act wage rates and payroll for
the rehabilitation of a hotel for permanent supportive housing units as protective housing for COVID-
vulnerable households. Exhibit "A," - Scope of Services more specifically describes the services to be
provided hereunder.
2. Term. This Agreement shall begin on the date signed by the Assistant City Manager below
("Effective Date")and shall expire on December 30,2020("Expiration Date"),unless terminated earlier in
accordance with this Agreement("Initial Term").
3. Compensation. City shall pay Consultant an amount not to exceed Fifty Thousand and
00/100 Dollars($50,000.00)in accordance with the provisions of this Agreement and Exhibit"B,"Payment
Schedule, which is attached hereto and incorporated herein for all purposes. Consultant shall not perform
any additional services for the City not specified by this Agreement unless the City requests and approves
in writing the additional costs for such services. City shall not be liable for any additional expenses of
Consultant not specified by this Agreement unless City first approves such expenses in writing.City agrees
to pay all invoices of Consultant within thirty(30)days of receipt of such invoice.
4. Termination. OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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4.1. Written Notice. City or Consultant may terminate this Agreement at any time and
for any reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Consultant of such occurrence and this Agreement shall terminate on the last day of the fiscal period
for which appropriations were received without penalty or expense to City of any kind whatsoever,
except as to the portions of the payments herein agreed upon for which funds have been
appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date,City shall pay Consultant for services actually rendered up
to the effective date of termination and Consultant shall continue to provide City with services
requested by City and in accordance with this Agreement up to the effective date of termination.
Upon termination of this Agreement for any reason, Consultant shall provide City with copies of
all completed or partially completed documents prepared under this Agreement. In the event
Consultant has received access to City Information or data as a requirement to perform services
hereunder, Consultant shall return all City provided data to City in a machine readable format or
other format deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Consultant hereby warrants to City that
Consultant has made full disclosure in writing of any existing or potential conflicts of interest
related to Consultant's services under this Agreement. In the event that any conflicts of interest
arise after the Effective Date of this Agreement, Consultant hereby agrees immediately to make
full disclosure to City in writing.
5.2 Confidential Information. Consultant, for itself and its officers, agents and
employees, agrees that it shall treat all information provided to it by City("City Information") as
confidential and shall not disclose any such information to a third party without the prior written
approval of City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act.In the event there is a request for information marked Confidential or Proprietary,
City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.3 Unauthorized Access. Consultant shall store and maintain City Information in a
secure manner and shall not allow unauthorized users to access,modify,delete or otherwise corrupt
City Information in any way. Consultant shall notify City immediately if the security or integrity
of any City Information has been compromised or is believed to have been compromised,in which
event, Consultant shall, in good faith, use all commercially reasonable efforts to cooperate with
City in identifying what information has been accessed by unauthorized means and shall fully
cooperate with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Consultant agrees that City shall, until the expiration of three (3) years
after final payment under this Agreement, or the final conclusion of any audit commenced during the said
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three years, have access to and the right to examine at reasonable times any directly pertinent books,
documents,papers and records,including,but not limited to,all electronic records,of Consultant involving
transactions relating to this Agreement at no additional cost to City. Consultant agrees that City shall have
access during normal working hours to all necessary Consultant facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the provisions of this section.
City shall give Consultant reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Consultant shall
operate as an independent contractor as to all rights and privileges and work performed under this
Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the
conditions and provisions of this Agreement,Consultant shall have the exclusive right to control the details
of its operations and activities and be solely responsible for the acts and omissions of its officers, agents,
servants, employees, consultants and subcontractor. Consultant acknowledges that the doctrine of
respondeat superior shall not apply as between City, its officers, agents, servants and employees, and
Consultant, its officers, agents, employees, servants, contractor and subcontractor. Consultant further
agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between
City and Consultant. It is further understood that City shall in no way be considered a Co-employer or a
Joint employer of Consultant or any officers, agents, servants, employees or subcontractor of Consultant.
Neither Consultant, nor any officers, agents, servants, employees or subcontractor of Consultant shall be
entitled to any employment benefits from City. Consultant shall be responsible and liable for any and all
payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or
subcontractor.
8. Liability and Indemnification.
8.1 LIABILITY-CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR
ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
CONSULTANT,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION- CONSULTANT HEREBY COVENANTS
AND AGREES TO INDEMNIFY,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS,
AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANY AND ALL CLAIMS
OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION— Consultant agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement,it being understood that this agreement to defend,settle or pay shall not apply if
City modifies or misuses the software and/or documentation. So long as Consultant bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Consultant shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
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however, City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
with Consultant in doing so.In the event City,for whatever reason,assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City shall have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Consultant shall fully participate and
cooperate with City in defense of such claim or action. City agrees to give Consultant timely
written notice of any such claim or action,with copies of all papers City may receive relating
thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses
shall not eliminate Consultant's duty to indemnify City under this Agreement.If the software
and/or documentation or any part thereof is held to infringe and the use thereof is enjoined
or restrained or,if as a result of a settlement or compromise,such use is materially adversely
restricted,Consultant shall, at its own expense and as City's sole remedy,either: (a)procure
for City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible,and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or(d)if none of the foregoing alternatives is reasonably available
to Consultant terminate this Agreement, and refund all amounts paid to Consultant by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
9. Assignment and Subcontracting.
9.1 Assignment. Consultant shall not assign or subcontract any of its duties,
obligations or rights under this Agreement without the prior written consent of City. If City grants
consent to an assignment,the assignee shall execute a written agreement with City and Consultant
under which the assignee agrees to be bound by the duties and obligations of Consultant under this
Agreement. Consultant and Assignee shall be jointly liable for all obligations of Consultant under
this Agreement prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Consultant shall execute
a written agreement with Consultant referencing this Agreement under which sub Consultant shall
agree to be bound by the duties and obligations of Consultant under this Agreement as such duties
and obligations may apply. Consultant shall provide City with a fully executed copy of any such
subcontract.
10. Insurance. Consultant shall provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
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$1,000,000- Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Consultant, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle" shall be any vehicle owned,hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the work is being performed
Employers' liability
$100,000- Bodily Injury by accident; each accident/occurrence
$100,000- Bodily Injury by disease; each employee
$500,000- Bodily Injury by disease;policy limit
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall
name City as an additional insured thereon, as its interests may appear. The term
City shall include its employees, officers, officials, agents, and volunteers in
respect to the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation
(Right of Recovery)in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage shall be provided to City. Ten (10) days' notice shall be
acceptable in the event of non-payment of premium.Notice shall be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas.All insurers must have a minimum rating of A-VII
in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Consultant has obtained all
required insurance shall be delivered to the City prior to Consultant proceeding
with any work pursuant to this Agreement.
11. Compliance with Laws,Ordinances,Rules and Regulations. Consultant agrees that in
the performance of its obligations hereunder, it shall comply with all applicable federal, state and local
laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement
will also comply with all applicable federal, state and local laws, ordinances,rules and regulations. If City
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notifies Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall
immediately desist from and correct the violation.
12. Non-Discrimination Covenant. Consultant, for itself, its personal representatives,
assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the
performance of Consultant's duties and obligations hereunder, it shall not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY CONSULTANT, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS
OR SUCCESSORS IN INTEREST, CONSULTANT AGREES TO ASSUME SUCH LIABILITY
AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH
CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives or(2)received by the other party by United States Mail,registered,
return receipt requested,addressed as follows:
To CITY: To CONSULTANT:
City of Fort Worth dlb Consultants
Attn: Assistant City Manager for IT Attn: Demetria Bivens
200 Texas Street 624 Six Flags Drive; Ste 210
Fort Worth,TX 76102-6314 Arlington,Texas 76011
With copy to Fort Worth City Attomey's Office at
same address
14. Solicitation of Employees. Neither City nor Consultant shall, during the term of this
Agreement and additionally for a period of one year after its termination,solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing,this provision shall not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Consultant to insist upon the performance of any term
or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's
or Consultant's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
17. Governing Law/Venue. This Agreement shall be construed in accordance with the laws
of the State of Texas. If any action,whether real or asserted,at law or in equity,is brought pursuant to this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas,Fort Worth Division.
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18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable,the validity,legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
19. Force Maieure. City and Consultant shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement,but shall not be held liable for any delay or
omission in performance due to force majeure or other causes beyond their reasonable control, including,
but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the
public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority,transportation problems and/or any other similar causes.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the
scope of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this
Agreement or Exhibits A,B, and C.
22. Amendments/Modifications/Extensions. No amendment, modification, or extension
of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Entirety of Agreement. This Agreement, including Exhibits A, B and C, contains the
entire understanding and agreement between City and Consultant,their assigns and successors in interest,
as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby
declared null and void to the extent in conflict with any provision of this Agreement.
24. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart shall,for all purposes,be deemed an original,but all such counterparts shall together constitute
one and the same instrument.
25. Warranty of Services. Consultant warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty(30)days from the date that the services are completed.In such event,at Consultant's
option, Consultant shall either (a) use commercially reasonable efforts to re-perform the services in a
manner that conforms with the warranty, or (b) refund the fees paid by City to Consultant for the
nonconforming services.
26. Immigration Nationality Act. Consultant shall verify the identity and employment
eligibility of its employees who perform work under this Agreement,including completing the Employment
Eligibility Verification Form(I-9). Upon request by City, Consultant shall provide City with copies of all
1-9 forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Consultant employee who is not legally eligible
to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate this
Agreement for violations of this provision by Consultant.
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27. Ownership of Work Product. City shall be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in
conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City
shall be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first).Each copyrightable aspect of the Work Product shall be considered a"work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product,or any part thereof,is not considered a"work-made-for-hire"within the meaning of the Copyright
Act of 1976, as amended, Consultant hereby expressly assigns to City all exclusive right,title and interest
in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade
secret, and all other proprietary rights therein,that City may have or obtain,without further consideration,
free from any claim,lien for balance due,or rights of retention thereto on the part of City.
28. Signature Authority. The person signing this Agreement hereby warrants that he/she has
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order,resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Consultant
whose name, title and signature is affixed on the Verification of Signature Authority Form, which is
attached hereto as Exhibit"C". Each party is fully entitled to rely on these warranties and representations
in entering into this Agreement or any amendment hereto.
29. Change in Company Name or Ownership. Consultant shall notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Consultant or authorized official must sign the letter. A letter
indicating changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9,documents filed with the state indicating such change,copy of the
board of director's resolution approving the action,or an executed merger or acquisition agreement.Failure
to provide the specified documentation so may adversely impact future invoice payments.
30. No Boycott of Israel. If Consultant has fewer than 10 employees or this Agreement is
for less than $100,000, this section does not apply. Consultant acknowledges that in accordance with
Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a
company for goods or services unless the contract contains a written verification from the company that it:
(1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms
"boycott Israel"and"company"shall have the meanings ascribed to those terms in Section 808.001 of the
Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature
provides written verification to the City that Consultant: (1)does not boycott Israel; and(2)will not
boycott Israel during the term of the contract.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
(signature page follows)
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City Secretary Contract No.
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
C'L- responsible for the monitoring and administration of
Fernando Costa(Sep 24,2020 09:53 CDT) this contract,including ensuring all performance and
By. reporting requirements.
Name: Fernando Costa
Title: Assistant City Manager
p Ton G
Date: Se 24, 2020 20 Tara Perez(Sep 24,202009:51 CDT)
By:
Name: Tara Perez
APPROVAL RECOMMENDED: Title: Directions Home Manager
Jo�►w APPROVED AS TO FORM AND LEGALITY:
Tara Perez(Sep 24,2020 09:51 CDT)
By.
Name: Tara Perez �uL
4,dp404d� �
Title: Directions Home Manager �boFfoRt�aaa Bann Guzman(Sep24,202016:54 CDT)
.P.. 9.,o NanQeputy City Attorney
ATTEST: Title: Assistant City Attorney
0o0 *o
aa��nexA54aa CONTRACT AUTHORIZATION:
Cl r Ronald P.Gonzales(Sep 24,202016: DT)
M&C: 20-0518
Y 1295:
Name: Mary J.Kayser
Title: City Secretary
VENDOR:
D. Bivens Consulting, LLC a Texas limited
liability company d/b/a dlb Consultants
By:
Name: Demetria Bivens
Title: Managing Member
Date: Sep 24, 2020 20
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Construction Support Services Agreement Page 9 of 16
EXHIBIT A
SCOPE OF SERVICES
Goals:
dlb Consultants ("Consultant")will work with Fort Worth Housing Solutions ("Owner")to
ensure that Owner will spend or cause to be spent with Fort Worth Certified M/WBE and Section
3 Companies an amount at least equal to twenty-five percent (25%) of the total property project
construction and renovation costs (not including cost of purchase of motel/hotel).
Consultant will work with Owner to use its best efforts to ensure that at least thirty percent
(30%) of the aggregate number of new hires in any fiscal year are considered Section 3. It is the
responsibility Owner and the Consultant to implement progressive efforts to attain Section 3
compliance. If the Section 3 numerical goals are not met, Consultant must demonstrate why
meeting the goals was not feasible.
Positive efforts shall be made to utilize Section 3, minority and women-owned businesses.
Prime contractors are to follow affirmative actions as listed below:
1. Include qualified small, Section 3, minority and women-owned businesses on solicitation
lists;
2. Assure that labor training, apprentice, and surplus area firms, if applicable, are solicited
for Section 3, minority and women-owned businesses;
3. Divide total requirements into smaller tasks or quantities to permit maximum
participation by small, Section 3, minority, and women-owned businesses;
4. Where the requirement permits, establish delivery schedules which will encourage
participation by small, Section 3, minority and women-owned businesses;
5. Use the services and assistance of the Small Business Administration, the Office of
Minority Business Enterprise of the Department of Commerce, and the Community
Services Administration, Owner, City of Fort Worth, and other local organizations; and
6. Require subcontractors to take the affirmative steps specified in items 1 through 5 above.
Project Schedule:
The proposed schedule is as follows:
#1 Initial Public Bid Posting Key-Dates (Interior Units & Exteriors)
- Advertisement Date: 9/1/2020
- Contract Templates Uploaded to Dropbox: 9/3/2020
- Pre-Bid Conference Call: 9/8/2020
- Bids Due: 9/14/2020
- Bid Awards Target Date: 9/18/2020
- Mobilization Date: 9/29/2020
Construction Support Services Agreement—Exhibit A
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#2 Second Public Bid Posting Target Key-Dates (Office & Tenant Lounge)
- Advertisement Date: 9/14/2020
- Pre-Bid Conference 9/21/2020
- Bids Due: 9/28/2020
Time is of the essence in the completion of this work. Progress reviews will be held on a weekly
basis to keep all parties current and informed, to coordinate with Owner/Ojala Holdings Team, to
resolve problems as they occur, and to keep the project on track. Additional informal reviews
may be held if requested by either the Consultant or the Owner.
Section 3 Scope & Compliance:
Consultants will provide the following services to support Owner with the following project
requirements:
• Consultant shall be responsible for connecting and communicating with local resources
about bidding opportunities, with special emphasis on conducting outreach to Section 3
businesses and workers.
• Effectively educate the construction contractor and its subcontractors on Section 3
requirements and opportunities. Provide information and technical assistance, as needed,
to contractors and subcontractors for understanding their compliance responsibility with
Section 3 requirements.
• Work with Prime and Subcontractors to ensure the project work is divided into smaller
tasks or quantities and establishing delivery schedules that encourage maximum
participation by Section 3, minority and women-owned businesses as detailed on page 3,
under Business and Labor Participation for Section 3 and MWBE.
• Maintain a dialogue with the Owner and its contractors and subcontractors to identify
opportunities and issues for Section 3 training and employment.
• Effectively coordinate and connect contractors and subcontractors with qualified and
compatible Section 3 businesses and workers with local skills training organizations and
training opportunities to increase the skill set of businesses and applicants for
construction and related service work areas and the construction trades with Section 3
business and employee demand on Owner contracts.
• Provide information and guidance to Owner staff related to Section 3 strategy and
compliance efforts.
• Report Section 3 progress of the contractors and their subcontractors monthly to the
Owner, and include information on the following activities:
o Section 3 contracts awarded to date
o Section 3 contracts payment progress to date for the Contractor and its
subcontractors
o Section 3 businesses and status of contracts and subcontracts
o Section 3 new hires and status of employment
Professional Services Agreement
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o Outreach activities and meetings
o Status of outstanding issues
o Timely notification to Owner, contractors and/or subcontractors of any non-
compliance
M/WBE Business Enterprise Utilization:
Consultant must understand federal, state, and local Minority and Women Business and
Utilization programs and support Owner with the following services:
• Disseminate informational updates on service and subcontracting opportunities to
M/WBE firms that contact the project office or that are affiliated with minority
and woman business organizations.
• Assist contractors and subcontractors to identify qualified M/WBEs to bid on or
respond to projects.
• Consultant shall also work with Prime and Subcontractors to ensure the project
work is divided into smaller tasks or quantities and establishing delivery
schedules that encourage maximum participation by qualified and compatible
Section 3,minority and women-owned businesses as detailed on page 3, under
Business and Labor Participation for Section 3 and M/WBE.
• Provide feedback and recommendations to Owner on processes and procurement
procedures which may enhance M/WBE participation and meet federal, state, and
local M/WBE program requirements.
• Maintain a dialogue and written communication with the MBS team and its
contractors/subcontractors to identify opportunities and issues for M/WBE
utilization.
• Confirm the status of M/WBE certification of contractors and subcontractors
utilized to meet the program M/WBE goals.
• Enhance the visibility of the Owner team and its members in the community by
communicating successes in M/WBE utilization.
• Report M/WBE progress monthly to the development team, to include
information on the following activities:
o M/WBE contracts awarded to date
o M/WBE contracts payment progress to date for the Contractor and its
subcontractors
o M/WBE businesses and status of contracts
o M/WBE worker hiring and status of employment
o Outreach activities and meetings
o Status of outstanding issues
o Timely notification to Owner, contractors and/or subcontractors of any
non-compliance
Professional Services Agreement
MAXIMUS Consulting Services, Inc.,Page 12 of 16
City Secretary Contract No.
Section 3, M/WBE Worker Utilization:
• Connect and communicate with local resources about bidding opportunities, with special
emphasis on conducting outreach to Section 3 and small businesses.
• Disseminate information updates on services and subcontracting opportunities to local,
small, disadvantaged M/WBE and Section 3 business entities and workers that contact
the project office, local organizations, or labor entities that have a verifiable third-party
certification as a Minority or Women or Section 3 worker.
• Assist contractors, subcontractors and consultants to identify qualified and compatible
local, small, and disadvantaged M/WBE and Section 3 labor workforce to participate on
the projects.
• Provide feedback and recommendations to Owner on processes and procurement
procedures which may enhance local and disadvantaged Section3, Minority, and Women
worker participation.
• Maintain a dialogue and written communication with the development team and its
contractors to identify opportunities and issues for local and disadvantaged Section 3,
Minority, and Women worker participation.
• Solicit and provide feedback and recommendations to Owner on processes and
procurement procedures which may enhance Section 3, Minority, and Women worker
participation.
• Confirm the local, small, and disadvantaged M/WBE and Section 3 business status of
contractors and subcontractors utilized to meet the project goals for worker participation.
• Provide summary reporting of local, small, and disadvantaged M/WBE and Section 3
business and worker hiring progress monthly to the development team, to include
information on the following activities:
o Section 3, Minority, and Women worker participation progress to date for the
Contractor and its Subcontractors
o Section 3, Minority, and Women workers hired and status of employment
o Outreach activities and meetings
o Status of outstanding issues
o Timely notifications to Owner, Contractor and Subcontractors of any non-
compliance
Davis-Bacon Prevailing Wage Training& Compliance Monitoring:
• Consultant is to provide administrative support to Owner to ensure Davis-Bacon Wage
Reporting requirements are efficiently and accurately met, including the following tasks:
• Provide a hands-on orientation session for contractors on the Davis-Bacon Certified
Payroll requirements and the compliance effort and documentation required as part of
their contract.
• Assist contractors in understanding and completing Payroll Form WH-347 (or other
approved form)to report weekly pay and fringe benefits reports correctly.
Professional Services Agreement
MAXIMUS Consulting Services, Inc.,Page 13 of 16
City Secretary Contract No.
• Assist contractors to identify correct worker class, worker rate, and hourly fringe
information for proper payment of employees and to request additional wage
classifications, as necessary.
• Review payroll submittals for Owner direct contracts for completeness and correctness
prior to submission to designated Labor Wage Rate Compliance representative or entity.
• Provide Owner document tracking tools to ensure receipt, review and submission of
certificate payroll reports from all Contactors and their subcontractors.
Hiring Plan Compliance:
Formulate and document data, forms, and plans for submittal to Owner outlining the efforts and
measures to include minority and women business enterprises and workers (M/WBE), and
Section 3 business concerns, and Section 3 worker hiring as required by each type of funding
incentive or component project, or more specifically:
o M/WBE Utilization—Encourage, track and report awards to certified Minority or
Women Owned Business Enterprises (M/WBE) of at least twenty-five percent
(25%) of the total dollar amount of the total Source Property Project Costs (not
including cost of purchase of motel/hotel) for Project Improvements in Source
Property Project Costs.
o Minority and Women Labor/Worker Utilization—Encourage, track and report
awards to Minority and Women Labor/Workers as a percentage of the total
amount of personnel and hours.
o Section 3 Hiring Goals—Encourage, track and report training and employment of
qualified Section 3 residents, as defined by the U. S. Department of Housing and
Urban Development (HUD), Fort Worth Housing Solutions (FWHS) and the City
of Fort Worth, for thirty percent (30%) of the aggregate number of new hires
resulting from contracts and subcontracts on each component project.
Professional Services Agreement
MAXIMUS Consulting Services, Inc.,Page 14 of 16
EXHIBIT B
PRICE SCHEDULE
TERMS OF PAYMENT
Payments to the CONSULTANT will be made as follows:
A. Invoice and Payment
(1) The Consultant shall provide the City sufficient documentation, including but not limited to
meeting the requirements set forth in Exhibit A to this Agreement, to reasonably substantiate the
invoices.
(2) The Consultant will issue two invoices for all work performed under this Agreement.
The first invoice, for 50% of the contract, will be due after Consultant meets with
contractors to source the MWBEs and Section 3 vendors and workers.
The second invoice, for the remaining 50% of the contract, will be due after meeting
MWBE and Section 3 goals or demonstrating consultant provided general contractor a list of
qualified vendors, identified provided for subcontract work equivalent to the goals and provides
report tracking what was spent.
Construction Support Services Agreement—Exhibit B
Page 15 of 16
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
D.BIVENS CONSULTING,LLC
A TEXAS LIMITED LIABLITY COMPANY
DB/A DLB CONSULTANTS
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Consultant and to execute any agreement,
amendment or change order on behalf of Consultant. Such binding authority has been granted by proper
order,resolution,ordinance or other authorization of Consultant.City is fully entitled to rely on the warranty
and representation set forth in this Form in entering into any agreement or amendment with Consultant.
Consultant will submit an updated Form within ten (10) business days if there are any changes to the
signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form
that has been properly executed by Consultant.
1. Name: Demetria Wise
Position: Managing Member
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name: Demetria Wise
--
Signature of President/CEO
Other Title anaging Member
Date: Sep 24,2020
Construction Support Services Agreement—Exhibit C
Page 16 of 16
M&C Review Page 1 of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA oR�m
REFERENCE 02COVID VULNERABLE
DATE: 8/11/2020 NO.: M&C 20-0518 LOG NAME: PERMANENT SUPPORTIVE
HOUSING
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Agreements with Housing Authority of the City of Fort Worth, dba Fort Worth
Housing Solutions; The Presbyterian Night Shelter of Tarrant County, Inc.; and D. Bivens
Consulting, LLC, dba dlb Consultants, LLC, in a Combined Amount Not to Exceed
$18,600,000.00 from Funds Previously Received from the U.S. Department of the
Treasury Pursuant to Title V of the Coronavirus Aid, Relief, and Economic Security Act for
the Acquisition and Development of Protective Housing for COVID-19 Vulnerable
Individuals in Need of Ongoing Supportive Services, and Adopt Appropriation Ordinance
(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1.Adopt ordinance increasing receipts and appropriations in the Grants Operating Federal Fund in
amount of$18,600,000.00 from funds previously received from the U.S. Department of the Treasury
pursuant to Title V of the Coronavirus Aid, Relief, and Economic Security (CARES) Act; and
2.Authorize the City Manager, or his designee, to execute forgivable loan agreements and related
contracts with Housing Authority of the City of Fort Worth, dba Fort Worth Housing Solutions, and with
The Presbyterian Night Shelter of Tarrant County, Inc. for the acquisition and development of
protective housing for COVID-19 vulnerable individuals in need of ongoing supportive housing and
with D. Bivens Consulting, LLC, dba dlb Consultants, LLC, for construction support services in a total
combined amount not to exceed $18,600,000.00.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to take actions aimed at providing
approximately 200 units of protective housing for certain COVID-19 vulnerable individuals, with
funding for acquisition, renovation, and construction support services coming from a portion of the
CARES Title V funding previously provided to the City.
The U.S. Centers for Disease Control and Prevention (CDC) has noted that congregate living
situations, such as homeless shelters, pose a greater risk of COVID-19 spreading and have issued
recommendations that emergency homeless shelters reduce density/decompress to allow for safe
distancing of homeless clients. The CDC additionally recommends "protective housing for people who
are at highest risk of severe COVID-19." Per the CDC, two groups defined as particularly vulnerable
to severe COVID-19 are those over 65 years old and those with specific underlying health conditions,
especially chronic lung disease or moderate/severe asthma, serious heart conditions,
immunocompromised, severe obesity, diabetes, chronic kidney disease and liver disease.
Permanent Supportive Housing (PSH) is a type of housing suitable for disabled households
experiencing more than one year of homelessness. PSH clients require ongoing case management
and assistance to remain housed. While there has been significant homeless system funding provided
to the City and the Tarrant County Homeless Coalition through U.S. Housing and Urban
Development's (HUD) Emergency Solutions Grants (ESG) due to COVID-19, this funding does not
address the need for PSH.
In view of the CDC recommendations and the lack of ESG funding for PSH, the City will use $18.6
million of funding provided under the Coronavirus Aid, Relief, and Economic Security Act (CARES
http://apps.cfwnet.org/council_packet/mc review.asp?ID=28087&councildate=8/11/2020 9/23/2020
M&C Review Page 2 of 3
Act), Title V (Coronavirus Relief Funds or Title V funds) to acquire and convert existing motels, hotels,
extended stays, apartment complexes, or similar permanent structures to serve as and provide
approximately 200 new units of PSH spread across two or more locations. The new PSH units will
provide protective housing for high risk COVID-19 vulnerable and disabled households experiencing
chronic homelessness.
On July 1, 2020, the City issued Request for Proposals 20-0190 (RFP) seeking proposers to: (1)
quickly acquire and convert existing motels, hotels, extended stays, apartment complexes, or similar
permanent structures to serve as approximately 200 units of PSH split across two or more locations;
and (2) provide ongoing supportive services for such households for a period of at least twenty (20)
years. The City will provide funding for the initial costs of acquisition via a one-time payment and
subsequent payments for conversion/renovation from Title V funds, and anticipates assisting the
selected proposers to secure ongoing operating subsidies from other sources. The RFP
advertisement appeared in the Fort Worth Star Telegram on July 1, July 8 and July 15, 2020.
The City received five proposals for the PSH project. After a competitive scoring process, Housing
Authority of the City of Fort Worth, dba Fort Worth Housing Solutions (FWHS), and The Presbyterian
Night Shelter of Tarrant County, Inc. (PNS) were recommended to be awarded a notice to proceed.
These agencies have experience in permanent supportive housing.
In addition, D. Bivens Consulting, LLC, dba dlb Consultants, LLC - a certified DBE - is being
recommended for award of a prime contract for construction support services consulting to assist the
selected proposers in meeting their Section 3 business, resident, employment, and minority and
women-owned business (M/WBE) aspirational goals.
Because of the pressing need due to the ongoing public health crisis and strict funding timelines, staff
proposes projects be funded based on which ones can be made tenant-ready in the shortest time
period. Although staff is recommending two vendors be given notice to proceed with identifying and
obtaining approvals for potential sites, actual award of funds would be based on which properties get
identified and approved first to provide the target 200 units. Approval is based on the proposer having
(1) the property under option, (2) appropriate zoning for the proposed use, and (3) a resolution of
support from the City Council. If one of the proposers has 200 units identified and approved before the
other proposer completes its identification and approval process, then only that one proposer would be
awarded. The goal is to move swiftly to getting housing online and leased up to address the pressing
need to address COVID 19 and to expend funds within mandated timelines.
Each property will be subject to a lien and deed of trust as well as a land use restriction agreement
(LURA) to ensure these sites continue to serve the intended purpose— providing protective housing
for high-risk individuals in need of permanent supportive housing —for the entire 20 year performance
period. If the properties continue to be used for this purpose throughout the performance period, the
loans would be forgiven, and no repayment would be required. However, if a property is not used for
the intended purpose throughout the performance period or if the federal government subsequently
determines via audit that this use of CARES Title V funding is invalid, the City would be able to require
repayment, including if necessary exercising its authority under the lien, deed of trust, and LURA to
require the properties be sold.
Staff anticipates that the total $18.6 million would be divvied up to provide approximately $16 million
for acquisition, $2.5 million for renovation, and $100,000.00 for construction support services. These
estimates equate to approximately $80,000.00 per unit for acquisition and $12,500.00 per unit for
renovation, resulting in an estimated average cost of$92,500.00 per unit.
However, because both acquisition and renovation costs will vary depending on the age and condition
of each identified site, staff proposes it be given the flexibility to shift amounts between the acquisition
and renovation costs and as among the approved sites.
Because the Coronavirus Relief Funds must be expended by December 30, 2020, another funding
source would be needed to provide ongoing supportive services. The Directions Home unit is re-
configuring its budget to provide funding for up to eight PSH case managers for the 200 units.
The proposer(s) ultimately awarded funding (FWHS and/or PNS) would be responsible for determining
its operating expenses based on the particular property or properties identified and acquired. It is
http://apps.cfwnet.org/council_packet/mc review.asp?ID=28087&councildate=8/11/2020 9/23/2020
M&C Review Page 3 of 3
anticipated (based on target population/existing PSH properties) that the average tenant payment
would be $200. To maintain PSH status, tenants cannot be asked to pay more than 30\% of their
income, and lack of income cannot disqualify a tenant. If there is a gap between operating expenses
and revenue, each selected proposer will work with Directions Home to determine an appropriate
source and amount for gap funding.
This M&C is the fourth appropriation of grant funds related to COVID-19, following an original M&C
that established an initial $1,000,000.00 appropriation in the Grants Operating Other Fund (M&C 20-
0188), a follow-up M&C establishing the Grants Operating Federal Fund appropriation in the amount
of$2,000,000.00 for this same expense tracking and reimbursement purpose (M&C 20-0247), and a
third M&C (M&C 20-0263) bringing the total appropriation in the Grants Operating Federal Fund up to
$50 million.
These programs are available in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the current budget of the Grants
Operating Federal Fund. The City Manager's Office has the responsibility to validate the availability of
funds prior to expenditures being made. This is an advance grant.
TO
Fund Department Account Project Program I Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID J Year (Chartfield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Tara Perez (2235)
Additional Information Contact: Tara Perez (2235)
ATTACHMENTS
COVID Protective PSH AO.docx
http://apps.cfwnet.org/council_packet/mc review.asp?ID=28087&councildate=8/11/2020 9/23/2020
M&C Review Page 1 of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA oR�m
REFERENCE 02COVID VULNERABLE
DATE: 8/11/2020 NO.: M&C 20-0518 LOG NAME: PERMANENT SUPPORTIVE
HOUSING
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Agreements with Housing Authority of the City of Fort Worth, dba Fort Worth
Housing Solutions; The Presbyterian Night Shelter of Tarrant County, Inc.; and D. Bivens
Consulting, LLC, dba dlb Consultants, LLC, in a Combined Amount Not to Exceed
$18,600,000.00 from Funds Previously Received from the U.S. Department of the
Treasury Pursuant to Title V of the Coronavirus Aid, Relief, and Economic Security Act for
the Acquisition and Development of Protective Housing for COVID-19 Vulnerable
Individuals in Need of Ongoing Supportive Services, and Adopt Appropriation Ordinance
(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1.Adopt ordinance increasing receipts and appropriations in the Grants Operating Federal Fund in
amount of$18,600,000.00 from funds previously received from the U.S. Department of the Treasury
pursuant to Title V of the Coronavirus Aid, Relief, and Economic Security (CARES) Act; and
2.Authorize the City Manager, or his designee, to execute forgivable loan agreements and related
contracts with Housing Authority of the City of Fort Worth, dba Fort Worth Housing Solutions, and with
The Presbyterian Night Shelter of Tarrant County, Inc. for the acquisition and development of
protective housing for COVID-19 vulnerable individuals in need of ongoing supportive housing and
with D. Bivens Consulting, LLC, dba dlb Consultants, LLC, for construction support services in a total
combined amount not to exceed $18,600,000.00.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to take actions aimed at providing
approximately 200 units of protective housing for certain COVID-19 vulnerable individuals, with
funding for acquisition, renovation, and construction support services coming from a portion of the
CARES Title V funding previously provided to the City.
The U.S. Centers for Disease Control and Prevention (CDC) has noted that congregate living
situations, such as homeless shelters, pose a greater risk of COVID-19 spreading and have issued
recommendations that emergency homeless shelters reduce density/decompress to allow for safe
distancing of homeless clients. The CDC additionally recommends "protective housing for people who
are at highest risk of severe COVID-19." Per the CDC, two groups defined as particularly vulnerable
to severe COVID-19 are those over 65 years old and those with specific underlying health conditions,
especially chronic lung disease or moderate/severe asthma, serious heart conditions,
immunocompromised, severe obesity, diabetes, chronic kidney disease and liver disease.
Permanent Supportive Housing (PSH) is a type of housing suitable for disabled households
experiencing more than one year of homelessness. PSH clients require ongoing case management
and assistance to remain housed. While there has been significant homeless system funding provided
to the City and the Tarrant County Homeless Coalition through U.S. Housing and Urban
Development's (HUD) Emergency Solutions Grants (ESG) due to COVID-19, this funding does not
address the need for PSH.
In view of the CDC recommendations and the lack of ESG funding for PSH, the City will use $18.6
million of funding provided under the Coronavirus Aid, Relief, and Economic Security Act (CARES
http://apps.cfwnet.org/council_packet/mc review.asp?ID=28087&councildate=8/11/2020 9/23/2020
M&C Review Page 2 of 3
Act), Title V (Coronavirus Relief Funds or Title V funds) to acquire and convert existing motels, hotels,
extended stays, apartment complexes, or similar permanent structures to serve as and provide
approximately 200 new units of PSH spread across two or more locations. The new PSH units will
provide protective housing for high risk COVID-19 vulnerable and disabled households experiencing
chronic homelessness.
On July 1, 2020, the City issued Request for Proposals 20-0190 (RFP) seeking proposers to: (1)
quickly acquire and convert existing motels, hotels, extended stays, apartment complexes, or similar
permanent structures to serve as approximately 200 units of PSH split across two or more locations;
and (2) provide ongoing supportive services for such households for a period of at least twenty (20)
years. The City will provide funding for the initial costs of acquisition via a one-time payment and
subsequent payments for conversion/renovation from Title V funds, and anticipates assisting the
selected proposers to secure ongoing operating subsidies from other sources. The RFP
advertisement appeared in the Fort Worth Star Telegram on July 1, July 8 and July 15, 2020.
The City received five proposals for the PSH project. After a competitive scoring process, Housing
Authority of the City of Fort Worth, dba Fort Worth Housing Solutions (FWHS), and The Presbyterian
Night Shelter of Tarrant County, Inc. (PNS) were recommended to be awarded a notice to proceed.
These agencies have experience in permanent supportive housing.
In addition, D. Bivens Consulting, LLC, dba dlb Consultants, LLC - a certified DBE - is being
recommended for award of a prime contract for construction support services consulting to assist the
selected proposers in meeting their Section 3 business, resident, employment, and minority and
women-owned business (M/WBE) aspirational goals.
Because of the pressing need due to the ongoing public health crisis and strict funding timelines, staff
proposes projects be funded based on which ones can be made tenant-ready in the shortest time
period. Although staff is recommending two vendors be given notice to proceed with identifying and
obtaining approvals for potential sites, actual award of funds would be based on which properties get
identified and approved first to provide the target 200 units. Approval is based on the proposer having
(1) the property under option, (2) appropriate zoning for the proposed use, and (3) a resolution of
support from the City Council. If one of the proposers has 200 units identified and approved before the
other proposer completes its identification and approval process, then only that one proposer would be
awarded. The goal is to move swiftly to getting housing online and leased up to address the pressing
need to address COVID 19 and to expend funds within mandated timelines.
Each property will be subject to a lien and deed of trust as well as a land use restriction agreement
(LURA) to ensure these sites continue to serve the intended purpose— providing protective housing
for high-risk individuals in need of permanent supportive housing —for the entire 20 year performance
period. If the properties continue to be used for this purpose throughout the performance period, the
loans would be forgiven, and no repayment would be required. However, if a property is not used for
the intended purpose throughout the performance period or if the federal government subsequently
determines via audit that this use of CARES Title V funding is invalid, the City would be able to require
repayment, including if necessary exercising its authority under the lien, deed of trust, and LURA to
require the properties be sold.
Staff anticipates that the total $18.6 million would be divvied up to provide approximately $16 million
for acquisition, $2.5 million for renovation, and $100,000.00 for construction support services. These
estimates equate to approximately $80,000.00 per unit for acquisition and $12,500.00 per unit for
renovation, resulting in an estimated average cost of$92,500.00 per unit.
However, because both acquisition and renovation costs will vary depending on the age and condition
of each identified site, staff proposes it be given the flexibility to shift amounts between the acquisition
and renovation costs and as among the approved sites.
Because the Coronavirus Relief Funds must be expended by December 30, 2020, another funding
source would be needed to provide ongoing supportive services. The Directions Home unit is re-
configuring its budget to provide funding for up to eight PSH case managers for the 200 units.
The proposer(s) ultimately awarded funding (FWHS and/or PNS) would be responsible for determining
its operating expenses based on the particular property or properties identified and acquired. It is
http://apps.cfwnet.org/council_packet/mc review.asp?ID=28087&councildate=8/11/2020 9/23/2020
M&C Review Page 3 of 3
anticipated (based on target population/existing PSH properties) that the average tenant payment
would be $200. To maintain PSH status, tenants cannot be asked to pay more than 30\% of their
income, and lack of income cannot disqualify a tenant. If there is a gap between operating expenses
and revenue, each selected proposer will work with Directions Home to determine an appropriate
source and amount for gap funding.
This M&C is the fourth appropriation of grant funds related to COVID-19, following an original M&C
that established an initial $1,000,000.00 appropriation in the Grants Operating Other Fund (M&C 20-
0188), a follow-up M&C establishing the Grants Operating Federal Fund appropriation in the amount
of$2,000,000.00 for this same expense tracking and reimbursement purpose (M&C 20-0247), and a
third M&C (M&C 20-0263) bringing the total appropriation in the Grants Operating Federal Fund up to
$50 million.
These programs are available in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the current budget of the Grants
Operating Federal Fund. The City Manager's Office has the responsibility to validate the availability of
funds prior to expenditures being made. This is an advance grant.
TO
Fund Department Account Project Program I Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID J Year (Chartfield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Tara Perez (2235)
Additional Information Contact: Tara Perez (2235)
ATTACHMENTS
COVID Protective PSH AO.docx
http://apps.cfwnet.org/council_packet/mc review.asp?ID=28087&councildate=8/11/2020 9/23/2020
File #: M&C 20-0518 Version: 1
Type: Award of Contract - Report of CM
Title: Authorize Agreements with Housing Authority of the City of Fort Worth, dba
Fort Worth Housing Solutions; The Presbyterian Night Shelter of Tarrant
County, Inc.; and D. Bivens Consulting, LLC, dba dlb Consultants, LLC, in a
Combined Amount Not to Exceed $18,600,000.00 from Funds Previously
Received from the U.S. Department of the Treasury Pursuant to Title V of the
Coronavirus Aid, Relief, and Economic Security Act for the Acquisition and
Development of Protective Housing for COVID-19 Vulnerable Individuals in
Need of Ongoing Supportive Services, and Adopt Appropriation Ordinance
(ALL COUNCIL DISTRICTS)
Mover: Cary Moon Seconder: Carlos Flores
Result:
Agenda note:
Minutes note: Ms. Wanda McKinney, 3232 Comanche Street, appeared
before Council via conference call in support of M&C 20-
0518.
Ms. Flora Brewer, 6708 Ashbrook Drive, completed a
comment card in support of M&C 20-0518.
Action: Approved
Action text: Council Member Moon made a motion, seconded by Council Member Flores,
that M&C 20-0518 be approved with the following changes: • Change all
references from $18,600,000.00 to $9,300,000.00 and revise the
Appropriation Ordinance No. 24334-08-2020 accordingly. • Change any
reference that says'1200 units"to'1100 units"except in the paragraph
describing the RFP. • Delete the references to Presbyterian Night Shelter from
the Subject and Recommendation. •At the end of the Discussion section
paragraph starting"The City received five proposals"add the following
sentence"On August 10, 2020, PNS gave notice that it did not wish to
continue in the process."• Delete the second-to-last sentence in the
Discussion paragraph that begins"Because of the pressing need . . . ."• In
the paragraph that starts"Staff anticipates"change $16 million to $8 million,
change $2.5 million to $1.25 million, and change $100,000.00 to $50,000.00.
At the request of Council Member Zadeh,Assistant City Manager Fernando
Costa, City Manager's Office, appeared before Council and explained that Fort
Worth Housing Solutions and its partner, Ojalla Holdings, is considering the
acquisition of two hotel properties and applying for zoning changes on those
properties later this week. He stated that the proposed reduction in funding
from $18,600,000.00 to $9,300,000.00 would mean that they would only be
able to acquire one hotel property with the greater number of units and
remodel that property. In order to do both properties, they would need
roughly$16,000,000.00 to accomplish and they would produce around 150
units, short of the 200-unit goal originally requested. Motion passed 9-0.
• Votes(0:0)