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