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HomeMy WebLinkAboutContract 54236-A3 CSC No.54236-A3 THIRD AMENDMENT TO CITY SECRETARY CONTRACT NO. 54236 WHEREAS the City of Fort Worth ("City") and Presbyterian Night Shelter of Tarrant County ("Agency")made and entered into City Secretary Contract No. 54236("Contract"); WHEREAS, the Contract provides funding to Agency pursuant to a grant received by City from the United States Department of Housing and Urban Development ("HUD") through the Emergency Solutions Grant Program ("ESG"); Program No. E-20-48-0010, Catalog of Federal Domestic Assistance No. 14.231, and the special allocations of funds received for this program known as ESG-CV and ESG- CV2,through the Coronavirus Aid,Relief,and Economic Security(CARES)Act of 2020; WHEREAS, it is the mutual desire of the City and Agency to amend the Contract to increase the budget by$64,714.16,as authorized through the reallocation of funding described further in M&C 22-0849 (October 11,2022); WHEREAS,these funds became available to Agency for ESG-eligible program expenses as a result of reclassification of certain cost items within the original program budget which must be more appropriately charged to the City's ESG Administration budget for ESG-CV in order to comply with HUD regulations; and WHEREAS, it is the mutual desire of City and Agency to amend the Contract to extend the term and revise certain reimbursement provisions and performance objectives in order to complete the Program and meet Contract objectives. NOW,THEREFORE,City and Agency hereby agree to amend the Contract as follows: I. The first sentence in Section 3 TERM is deleted and replaced by the following: "The term of this Contract(Contract Term)begins on the Effective Date and terminates on September 1,2023 unless earlier terminated as provided in this Contract." II. Section 4.1 Provide ESGCV1 Funds is deleted in its entirety and replaced by the following: "4.1 Provide ESGCV1 Funds. City shall provide up to $609,969.16 of ESG-CV 1 Funds under the terms and conditions of this Contract." III. Section 5.3.1 PROGRAM PERFORMANCE MILESTONES is revised as follows: the table of milestones is deleted and replaced with the below table which specifies the dates of program performance milestones and expenditure deadlines for the extended term of the Contract: OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Amendment No.3 to CSC No.54236 Page 1 Presbyterian Night Shelter (ESG-CV) Month Relative to Date Expenditures Unduplicated Clients as Beginning of Specified in EXHIBIT"A": Contract Term Program Summary Month 3 December 31,2021 15% 15% Month 6 March 31,2022 30% 30% Month 9 June 30,2022 50% 50% Month 12 September 30,2022 65% 65% Month 15 December 30,2022 75% 75% Month 18 March 31,2023 80% 80% Month 21 June 30,2023 90% 90% Month 23 September 1,2023 100% 100% NOTE: If the Contract was executed prior to October 1,2020 and/or if the Effective Date of the Contract is March 13,2020,all months prior to December 31,2020 are included in the Month 3 period. Section 5.3.3 Failure to meet at least 80% of its performance milestones or serve 34 Unduplicated Clients under this Contract may, in City's sole discretion, disqualify Agency for consideration under the future City Requests for Proposals for federal grant funds. IV. Section 9 REIMBURSEMENT REQUIREMENTS is revised as follows: Section 9.2.1 Attachment I—Invoice is deleted in its entirety and replaced by the following: "9.2.1 Attachment I—Invoice. This report shall contain the amount requested for reimbursement each month or partial month,the cumulative reimbursement requested to date(inclusive of that month's or partial month's request). Section 9.2.1.1 is hereby amended to read as follows: 9.2.1.1 Agency must submit a separate invoice for each ESG-CV1-eligible activity type funded through this Contract, i.e. Shelter Operations, Homeless Prevention, Rapid Rehousing, Unsheltered Outreach, Administration, and HMIS. Entries on Attachment II Expenditure Summary must list and designate Administration line items separately from Program costs, with the word `Administration' included in the cost item title." Section 9.4 Final Reimbursement Request is added as follows: "9.4 Final Reimbursement Request 9.4.1 Agency's Final Reimbursement Request must be submitted no later than September 9, 2023. The Final Reimbursement Request must include all program-eligible expenses incurred during August 2023. Agency's Final Reimbursement Request may also include a request for advancement of funds for September program expenses for up to 90%of the monthly average of Agency's standard Program operations expenses (staff salaries, benefits, and related program operational expenses). The monthly average of Agency Program Operations expenses will be based on the Program's prior six months' of such expenses charged to the Contract(February thru July 2023). Agency's Final Reimbursement Request may be submitted with partial Complete Documentation for August or September 2023 expenses if such Amendment No.3 to CSC No.54236 Page 2 Presbyterian Night Shelter (ESG-CV) documentation is not available at the time of submittal, provided that such Complete Documentation will be submitted no later than October 15, 2023. Failure to submit Complete Documentation for August or September 2023 expenses by October 16, 2023 may, in City's sole discretion, be cause for delay or withholding of payment of ESG funds awarded through other City Contracts,or may disqualify Agency for consideration under the future City Requests for Proposals for federal grant funds. 9.4.2 All Contract funds not requested by Agency as of September 1, 2023 will be subject to immediate recapture by City." V. The first sentence in Section 17 INSURANCE AND BONDING is deleted and replaced by the following: "Agency will maintain coverage in the form of insurance or bond in the amount of$609,969.16 to insure against loss from the fraud,theft or dishonesty of any Agency's officers,agents,trustees, directors,representatives, or employees." VI. Exhibit"A"—Program Summary and Exhibit"B"—Budget attached to the Contract are hereby replaced and replaced in their entirety with the attached Exhibit"A"-Program Summary,revised 10/2022 and Exhibit`B"—Budget,revised 10/2022. VII. Unless otherwise specified,this amendment is effective as of the Effective Date of the Contract. VIII. All terms and conditions of the Contract not amended herein remain unaffected and in full force and effect,are binding on the Parties and are hereby ratified by the Parties. Capitalized terms not defined herein shall have the meanings assigned to them in the Contract. [SIGNATURES APPEAR ON FOLLOWING PAGE] Amendment No.3 to CSC No.54236 Page 3 Presbyterian Night Shelter (ESG-CV) AGREED AND ACCEPTED: PRESBYTERIAN NIGHT SHELTER OF CITY OF FORT WORTH TARRANT COUNTY 7 _ By: T^� By. Toby Owen, Chief Executive Officer Fernando Costa,Assistant City Manager p> IF oR r k& ATTEST: a�o° °��.�� APPROVE AS TO FORM AND pv o oy=� LEGALITY: OOo°°°° ICY .7a��ette�Goo�'alG Qa��E�pSapp /`(�-���pyX"al' By: Jannette S.Goodall(Nov 21,202215:29 CST) By: V Jannette Goodall,City Secretary Jessika Williams,Assistant City Attorney M&C: 20-0330/20-0471/22-0849 1295 Certification No.2020-622990 Date: May 19,2020/June 23,2020/Oct. 11,2022 RECOMMENDED BY: By: Victor Turner,Director—Neighborhood Services Department 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 requirements Charletta Moaning Senior Contract Compliance Specialist OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Amendment No.3 to CSC No.54236 Page 4 Presbyterian Night Shelter (ESG-CV) PRESBYTERIAN NIGHT SHELTER EXHIBIT "A" Rapid Re-Housing-CV PROGRAM SUMMARY PROGRAM SUMMARY (ESG-CV) March 13,2020 to September 1,2023 (Second $609,969.16 extension) AMOUNT PERIOD Capitalized terms not defined herein shall have meanings assigned them in the Contract. PROGRAM: The Program provides housing stability case management and financial assistance to exit individuals from a congregant shelter or encampment area to housing in an effort to reduce the spread of COVID19. Client assistance will include rent and other allowable costs associated with obtaining and maintaining stable housing. ESG Funds will pay for a full-time case manager, 10% of the Director of Housing Services, and client assistance which will include rent, deposits, application fees, high risk fees, and administrative fees. Program services will be available Monday— Friday from 8:00 a.m.-5:00 p.m., at the following locations: Men's Shelter 2400 Cypress St, Fort Worth, TX 76102 REGULATORY CLASSIFICATION: Service Category(if more than one category, specify amount for each): ESG Emergency Shelter Component Regulatory Citation(s): 24 CFR 576.102 Coronavirus Aid, Relief, and Economic Security Act of 2020 Agency will maintain documentation that 100%of clients served meet the criteria under paragraph (1)of the homeless definition in 24 CFR 576.2 or meet the criteria in paragraph(4)of the homeless definition and live in an emergency shelter or other place described in paragraph (1) of the homeless definition. Agency will also maintain documentation on eligibility for the housing unit for which financial assistance is provided, including rental amounts and compliance with ESG Minimum Habitability Standards. ESG CV RRH CONTRACT 2020—EXHIBIT"A"—PROGRAM SUMMARY Page 1 Presbyterian Night Shelter of Tarrant County—Amendment 3 PROGRAM GOALS: Minimum Number of Clients to be Served: The Program must serve a minimum of 42 Unduplicated Clients as shown by the monthly Attachment III and yearly SAGE(HMIS reporting). Timely,accurate,and complete information should always be reported,but not be limited,to the following number and percentage goals of those clients served: A. Those who exited to permanent housing at exit: 29; 70% B. Those who have non-cash benefits at exit: 29; 70% C. Those who have cash income at exit: 21; 50% D. Number of persons served less than 60 days between project entry and move-in: 34; 80% E. Number of persons served that spent greater than 60+days between project entry and move- in: 8; 20% ESG CV RRH CONTRACT 2020—EXHIBIT"A"—PROGRAM SUMMARY Page 2 Presbyterian Night Shelter of Tarrant County—Amendment 3 EXHIBIT"B"-BUDGET Account I Grant Budget Increase Decrease Total EMERGENCY SHELTER ESSENTIAL SERVICES Salaries 1001 PICA 1002 LifbAksability Insurance 1003 Health/Dental Insurance 1004 Unemployment-State 1005 Worker's Compensation 1006 Office Supplies 1007 Food Supplies 1008 Insurance 1009 Accounting 1010 Contract Labor Security(City needs copy of contract before eapenses can be reimbursed) 1011 Othero 1012 SHELTER OPERATIONS Maintenance 2001 Security 2002 Insurance 2003 Utilities 2004 Supplies 2005 Repairs 2006 Othero 2007 SUBTOTAL EMERGENCY SHELTER HOUSING RELOCATION AND STABILIZATION PREVENTION Salaries 3001 PICA 3002 LifbAksabilitylnsurance 3003 Health/Dental Insurance 3004 Unemployment-State 3005 Worker's Compensation 3006 Othero 3007 REHOUSING Salaries 4001 $ 98,800.00 $ 14,935.00 $ 113,735.00 PICA 4002 $ 8,000.00 $ 926.00 $ 8,926.00 Lif nsabilitylnsurance 4003 $ $ Health/Dental Insurance 4004 $ 3,100.00 $ 553.00 $ 2,547.00 Unemployment-State 4005 $ Worker's Compensation 4006 $ HRA 4007 $ Retirement 4008 $ Puking 4009 $ Mileage 4010 Rental Asistance.Becurity Deposits $ Utility Depmits/Paymants $ Other:(Pmgmm supplies and admire):Food; postage;telephoneVnelwork/internet;occupancy; mileage;training and professional development; BMIS/professional/contraet fees;other direct client and supportive services;equipment rental/non-cap;indirect $ Prograrn 4007 General Office Su lies $ 2,128.00 $ 250.00 $ 2,378.00 PostageVShipping $ 100.00 $ 100.00 Telephone cellular $ 500.00 $ 600.00 $ 1,100.00 General Repairs $ 100.00 $ 100.00 $ 200.00 Professional Pees $ 1,064.00 $ 200.00 $ 1,264.00 Mleage $ 2,500.00 $ 700.00 $ 3,200.00 Equipment Rental $ 1,548.00 $ 1,548.00 Admin 4011 Electricity $ 200.00 $ 100.00 $ 300.00 Water $ 10.00 $ 10.00 Agency rent $ 5,681.00 $ 5,681.00 Admire staff see Otherspreadsheet) $ 39,364.00 $ 2,500.00 $ 41,864.00 Other(Fringe Benefits):Puking,employee prescreening,HRA,worker's compensation SUBTOTAL HR&S S 163,095.00 $ 20,311.00 S 553.00 $ 182,853.00 FINANCIAL.ASSISTANCE PREVENTION 5001 Rental Assistance 5002 Utility Payments REHOUSING 6001 Rental Assistance 6002 $ 344,667.00 $ 38,000.00 $ 382,667.00 Security Deposits 6003 $ 21,860.00 $ 5,000.00 $ 26,860.00 Utility Deposits 6004 $ $ Utility Payments 6005 $ 12,443.00 $ 1,956.16 $ 14,399.16 Moving Costs 6006 $ 3,190.00 $ 3,190.00 Motel/Hotel Vouchers $ SUBTOTAL FINANCIAL.ASSISTANCE S 382,160.00 $ 44956.16 S $ 427,116.16 INFORMATION SYSTEM(EMUS) BM[S Software Costs 7001 SUBTOTAL EMUS BUDGET TOTAL S 545,255.00 1$ 65,267.16 1 S 553.00 1$ 609969.16 ESO PSA CONTRACT 2020-EXHIBIT'%"-Amendment 3 Page 1 The following tables were created for the purpose of preparing,negotiating,and determining the cost reasonableness and cost allocation method used by the Agency for the line item budget represented on the first page of this EXHIBIT"B"—Budget. The information reflected in the tables is to be considered part of the terms and conditions of the Contract. Agency must have prior written approval by the City to make changes to any line item in the Budget as outlined in Section 5.2.2 in the Contract. The deadline to make changes to EXHIBIT"B"—Budget is June 1,2023. SALARY DETAIL Est.Percent to Position Title Annual Salary Grant Amount to Grant Journey Home Guide Case M 18 mos $ 35,600.00 150.0% $ 64,215.00 Program Director $ 66,950.00 15.0% $ 14,164.00 Journey Home Guide Case M 18 mos $ 37,649.00 150.0% $ 35,356.00 TOTAL $ 140199.00 81.1% $ 113 735.00 FRINGE DETAIL Percent of Est.Percent to Payroll Amount Grant Amount to Grant FICA 6.20% $ 8,926.00 100.0% $ 8,926.00 Life/Disability Insurance Health/Dental Insurance $ 2,547.00 100.0% $ 2,547.00 Unemployment-State Worker's Compensation BRA Retirement Pariting Nfileage Other TOTAL $ 11473.00 100.0% $ 11473.00 SUPPLIES AND SERVICES Est.Percent to Total Budget Grant Amount to Grant Office Supplies Food Supplies TOTAL SHELTER OPERATIONS Est.Percent to Total Budget Grant Amount to Grant Insurance Accounting Contract Labor(Security) Est.Percent to Other Admin Total Budget Grant Amount to Grant Program 9,79000 General Office Supplies $ 2,378.00 100% $ 2,378.00 Postage/Shipping $ 100.00 100% $ 100.00 Telephone $ 1,100.00 100% $ 1,100.00 General Repairs $ 200.00 100% $ 200.00 Professional Fees $ 1,264.00 100% $ 1,264.00 Mileage $ 3,200.00 100% $ 3,200.00 Equipment Rental $ 1,548.00 100% $ 1,548.00 Admin $ 47 855.00 Electricity $ 300.00 100% $ 300.00 Water $ 10.00 100% $ 10.00 c rent $ 5,681.00 100% $ 5,681.00 Admin staff see Otherspreadsheet) $ 41 864.00 100% $ 41 864.00 TOTAL I I $ 57,645.00 FINANCIAL ASSISTANCE Est.Percent to Total Budget Grant Amount to Grant Rental Assistance $ 382,667.00 100% $ 382,667.00 Security Deposits $ 26 860.00 100% $ 26 860.00 Utility Payments $ 14,399.16 100% $ 14,399.16 Utility Deposits Movie Costs $ 3,190.00 Mo tel/Hotel Vouchers 100% $ 3,190.00 TOTAL $ 427,116.16 1 $ 427,116.16 HAM Est.Percent to Total Budget Grant Amount to Grant HMIS Software Costs TOTAL $ 609,969.16 ESG PSA CONTRACT 2020-EXHIBIT"B"-BUDGET P—bytaian Nigh[Shelia-A—d..t 3 Page 2 Food;postage;telephone/network/internet;occupancy;mileage;training and professional development;HMIS/professional/contract fees;other direct client Other and supportive services;equipment rental/non-cap;indirect Budget ESG CV RRH Grant Amount $ 9,790.00 Program Items Food Postage/shipping expenses $100.00 Telephone $1,100.00 Mileage $3,200.00 General Office Supplies $2,378.00 Equipment Rental $1,548.00 General Repairs $200.00 Professional Fees $1,264.00 HMIS List Other Direct client/and supportive services Program Staff(Provide title/percentage) $ 47,855.00 Admin Items Agency rent $5,681.00 Electricity $300.00 Water $10.00 List Other indirect costs $0.00 Admin Staff(Provide Title/percentage) $41,864.00 Toby Owen/Executive Director/7% Carole Graham/VP of Finance/7% Avery Weakley/Director of Finance/7% Michelle Albiar/Accounts Payable Clerk/7% Susan DeLong/Education Coordinator/7% Carrie Taylor/VP of Human Resources/7% LeAnn Lee/H R Genera I ist/7% Brenda Lott/HR Assistant/7% $ 57,645.00 City of Fort Worth, Texas Mayor and Council Communication DATE: 10/11/22 M&C FILE NUMBER: M&C 22-0849 LOG NAME: 19NSESG-CV&CV2S U BSTANTIALAMEN DM ENT SUBJECT (ALL)Authorize Substantial Amendment to the 2019-2020 Action Plan for Use of Federal Grant Funds,Authorize Execution of Contract Amendments to Agreements with Nonprofit Subrecipients of Emergency Solutions Grant Funds Received Under the Coronavirus Aid, Recovery and Economic Security Act,and Authorize Execution of Amendment to Agreements with Presbyterian Night Shelter for Additional Shelter Operation Expenses RECOMMENDATION: It is recommended that the City Council: 1. Authorize a substantial amendment to the 2019-2020 Action Plan for use of Federal Grant Funds from the United States Department of Housing and Urban Development revising allocation of such funds among local nonprofit homeless service providers; 2. Authorize execution of contract amendments to agreements with nonprofit subrecipients of Emergency Solutions Grant Funds received under the Coronavirus Aid, Recovery and Economic Security Act to change funding allocations and scopes of services to ensure the expenditure of funds; 3. Authorize the execution of an amendment to the agreements with Presbyterian Night Shelter for Additional Shelter Operation Expenses;and 4. Authorize the City Manager or his designee to further amend the agreements if necessary to achieve program goals and meet Housing and Urban Development expenditure deadlines,provided the amendment is within the scope of the program and in compliance with applicable City policies,laws and regulations. DISCUSSION: In April 2020,the City of Fort Worth(City)was awarded$2,202,929.00 in Emergency Solutions Grant(ESG)funds from Housing and Urban Development(HUD)under the Coronavirus Aid, Recovery and Economic Security(CARES)Act to support the City's response to the coronavirus pandemic among the homeless and at-risk population (ESG-CV). In June 2020,the City was awarded an additional$6,070,529.00 in ESG funds to expand the City's ability to assist homeless and at-risk residents(ESG-CV2). The City Council approved allocation of these funds to local nonprofit homeless service providers on May 19,June 23,and September 15,2020,through Mayor and Council Communication(M&C)Nos.20- 0330,20-0471,and 20-0657. Funding priorities for the allocations were Rapid Rehousing (65%),Shelter Operations(11%);Outreach to Unsheltered(8%),and Homelessness Prevention(6%),with 10%authorized for program administration by the City and its nonprofit partners. The expenditure deadline for use of all ESG-CV and ESG-CV2 funds is September 30,2023. To ensure that the expenditure deadline for the full eight million dollars is met,and to address priorities which have arisen since initial allocations were made,staff is recommending amendments to some of the ESG-CV and ESG-CV2 contracts to change funding allocations and scopes of service as detailed below. Staff is recommending that funds moved from Rapid Rehousing and Homeless Prevention programs operated by the Day Resource Center(DRC) into Presbyterian Night Shelter(PNS)Rapid Rehousing programs. Local shelters,including the Presbyterian Night Shelter(PNS), have continued to experience costly challenges in providing safe services throughout the pandemic,and additional funds are therefore needed for staff hazard pay, vaccine incentives,client transportation services,and other operational costs. The table below summarizes proposed contract scope and allocation changes to be formalized in contract amendments. The proposed revisions have been publicized as required by HUD guidelines for use of ESG-CV and ESG-CV2 funds,through placement of a five-day public notice in the Fort Worth Star-Telegram. A public comment period on this proposed substantial amendment to the 2019-2020 Action Plan was held from September 9,2022 to September 13,2022. All comments received are maintained by the Neighborhood Services Department. Agency/Program Original Allocation New proposed Name Contract Adjustment [Amou:nt] Contra Change Amount Amount g Day Resource Reduction by Center: Rapid Rehousing;City $64,714.16, $375,000.00 ($64,714.16)$310,285.84 reallocation Secretary Contract No. R Rapid 54408 eHousing J �(PNS) ������Reallocation Day Resource by Center: Homeless $0.00 ($250,000.00) $0.00$250,000.00 Prevention(No to Rapid Contract) ReHousing (PNS) Increase in contract by Presbyterian Night $64,714.16 Shelter: Rapid from DRC ReHousing;City Contract No. Secretary $500,000.00 $64,714.16 $564,714.16 54408 and Contract No. reallocation 54236 to PNS RRH, Contract No. 54236 Increase in contract by Presbyterian Night $250,000.00 Shelter: Rapid from DRC ReHousing;City $700,000.00 $250,000.00 $950,000.00 HP Secretary reallocation, Contract No. no contract, 54965 to PNS j 54965 SC Section 2-9(11)of the City Code allows for any contract or other legal instruments necessary to provide public assistance from funds available under the Coronavirus Aid, Relief,and Economic Security(CARES)Act,as may be amended,or from funds available under the Consolidated Appropriations Act of 2021,as may be amended to be administratively approved by the City Manager.When possible, items will be brought to the City Council prior to execution of any contracts or amendments; however,staff anticipates that in order to meet the approaching expenditure deadlines in 2022,that future amendments may require administrative approval.Staff will provide updates via Informal Reports or Mayor and Council Communications(M&Cs)seeking ratification of any changes made under this administrative mechanism. Services are available in ALL COUNCIL DISTRICTS. A Form 1295 is not required because:This contract legally does not require City Council approval. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and reallocation of funds,funds are available in the current operating budget,as appropriated,in the Grants Operating Federal Fund. The Neighborhood Services Department(and Financial Management Services)will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred,the Neighborhood Services Department has the responsibility to validate the availability of funds. This is a reimbursement grant. Submitted for City Manager's Office by- Fernando Costa 6122 Originating Business Unit Head: Victor Turner 8187 Additional Information Contact: Charletta Moaning 7333 Sylvia Flores 8550