HomeMy WebLinkAboutContract 60262DocuSign Envelope ID: 39C83253-BE8F-4380-B7A5-13C1BBFBC5D7
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CSC No. 60262
FY 2023 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
YOUTH SET -ASIDE
GENERALREVENUE
FIRST AMENDMENT TO
CONTRACT NUMBER 18236010006
WITH
City of Fort Worth,
a Political Subdivision
This First Amendment FY 2023 Homeless Housing and Services Program Youth Set -Aside Contract
Number 18236010006 ("First Amendment") by and between the Texas Department of Housing and
Community Affairs, a public and official agency of the State of Texas ("Department"), and City of Fort Worth,
a political subdivision of the State of Texas ("Subrecipient"), hereinafter collectively referred to as "Parties",
is executed to be effective on the date provided herein.
RECITALS
WHEREAS, on December 8, 2022 and December 8, 2022, the Department and Subrecipient,
respectively, executed the FY 2023 Homeless Housing And Services Program Youth Set -Aside Contract
Number 18236010006 to be effective on September 1, 2022 ("Contract"); and
WHEREAS, in accordance with Section 11 of the Contract and 10 TAC §7.4(e), the Department has
authority to amend the Contract accordingly; and
WHEREAS, the Parties desire to amend the Contract in the manner provided herein below.
AGREEMENTS
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree asfollows:
1. Section 30(B) SOVEREIGN IMMUNITY, of the Contract is hereby amended, effective November 21,
2022 to read as follows:
"The Parties expressly agree that no provision of the Contract is in any way intended to constitute
a waiver by the Department, the State of Texas or Subrecipient as a political subdivision of the
State of Texas of any immunities from suit or from liability that the Department, the State of Texas
or Subrecipient may have by operation of law."
2. Section 46, INDEMNIFICATION, of the Contract is hereby amended, effective November 21, 2022
to read as follows:
"TO THE EXTENT ALLOWED BY LAW, SUBRECIPIENT SHALL DEFEND, INDEMNIFY
AND HOLD HARMLESS THE STATE OF TEXAS AND THE DEPARTMENT, AND/OR THEIR
OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES,
AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS,
OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT
OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF SUBRECIPIENT OR ITS
AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF
SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND
ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE
First Amendment to HHSP Contract Number 18236010006 Page 1 of 5
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
DocuSign Envelope ID: 39C83253-BE8F-4380-B7A5-13C1BBFBC5D7
COORDINATED BY RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY
GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY
LAWSUIT AND RESPONDENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT
FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY
GENERAL. SUBRECIPIENT AND DEPARTMENT AGREE TO FURNISH TIMELY WRITTEN
NOTICE TO EACH OTHER OF ANY SUCH CLAIM."
3. Section 2, Contract Term for Performance and Close -Out Process, of the Contract is hereby
amended, effective the date executed by all parties, to read as follows:
"This Contract shall commence on September 1, 2022 and, unless earlier terminated as provided
herein, terminate as follows: (1) the Subrecipient is permitted to incur expenses under this Contract
until December 31, 2023 ("Contract Term"), and (2) the Department's obligations under the
Contract shall end on March 15, 2024 and is conditioned on the Subrecipient's successful
completion of the terms herein ("Close -Out Process")."
4. The "Performance Statement" attached as Exhibit A to the Contract is hereby deleted and replaced
in its entirety with the Performance Statement consisting of two (2) pages attached as Attachment
#1 to this First Amendment to be effective on the date executed by all Parties.
5. All of the remaining terms of the Contract shall be and remain in full force and effect as therein
set forth and shall continue to govern except to the extent that said terms conflict with the terms
of this First Amendment. In the event this First Amendment and the terms of the Contract as
amended by the First Amendment are in conflict, this First Amendment shall govern, unless it
would make the Contract void bylaw.
6. Each capitalized term not expressly defined herein shall have the meaning given to such term in the
Contract.
7. This First Amendment maybe executed in several counterparts, each of which shall be deemed to
be an original copy, and all of which together shall constitute one (1) agreement binding on
Parties, notwithstanding that all the Parties shall not have signed the same counterpart.
8. If any of the Parties returns a copy by facsimile machine or electronic transmission, the signing
party intends the copy of its authorized signature printed by the receiving machine or the
electronic transmission to be its original signature.
9. By signing this First Amendment, the Parties expressly understand and agree that its terms shall
become a part of the Contract as if it were set forth word for word therein.
10. This First Amendment shall be binding upon the Parties hereto and their respective successors and
assigns.
11. This First Amendment shall be effective on the date(s) provided herein.
First Amendment to HHSP Contract Number 18236010006 Page 2 of 5
DocuSign Envelope ID: 39C83253-BE8F-4380-B7A5-13C1BBFBC5D7
AGREED TO AND EXECUTED BY:
SUBRECIPIENT:
City of Fort Worth,
Political Subdivision
DocuSlgned by:
By:
���q�..
Name: Fernando Costa
Title: Assistant City Mana er
Date: 1U/.1:S/ZUts ( 1U:5�Ss AM CD1
THIS CONTRACT, AS AMENDED, IS NOT EFFECTIVE UNLESS SIGNED BY THE EXECUTIVE DIRECTOR OF
THE TEXAS DEPARTMENT AND COMMUNITY AFFAIRS, OR HIS/HER AUTHORIZED DESIGNEE.
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
DocuSlgned by:
By: 1ezir
Name: Abigail VersviD
Title: Its dulV authorized officer or r pprresentative
Date: 1U/ij/2023 I i0:5b:15 AM 0-
First Amendment to HHSP Contract Number 18236010006 Page 3 of 5
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective this
day of , 20
FOR CITY OF FORT WORTH:
APPROVAL RECOMMENDED
Victor Turner, Neighborhood Services Director
Date: Oct 13, 2023
APPROVED AS TO FORM AND
LEGALITY
LAG punt (Oct 13, 202314:19 CDT)
Leslie L. Hunt, Senior Assistant City Attorney
Date: Oct 13, 2023
Contract Compliance Manager:
By signing I acicnowledge that I am the
person responsible for the monitoring
and administration of this contract,
including ensuring all performance and
reporting requirements.
rOV,C--fKe/-
Tara Perez (Oct 13, 2023 11:11 CDT)
Tara Perez
Manager, Directions Home
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Jannette S. Goodall, City Secretary
Date: Oct 13, 2023
M&C No.: 22-0683
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
DocuSign Envelope ID: 39C83253-BE8F-4380-B7A5-13C1BBFBC5D7
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2023 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
YOUTH SET -ASIDE
GENERAL REVENUE
FIRST AMENDMENT TO
CONTRACT NUMBER 18236010006
WITH
City of Fort Worth,
a Political Subdivision
ATTACHMENT #1
EXHIBIT A
PERFORMANCE STATEMENT
Subrecipient shall carry out the following activities identified herein by implementing a Texas Homeless
Housing and Services Program ("HHSP") in accordance with the State Act and its implementing rules under
the HHSP State Rules.
Close -Out Process: Ends March 15, 2024 os
Contract Term: September 1, 2022 — December 31, 2023
Service Area: City of Fort Worth
A. Definitions
(1) "Transitional Living Activities" means activities that are designed to provide safe short-term
housing (typically less than twenty-four (24) months) in conjunction with appropriate
supportive services designed to help Youth Headed Households become self-sufficient. Rapid
Rehousing is an example of a Transitional Living Activity.
(2) "Youth Headed Household" means a household that includes unaccompanied youth twenty-
four (24) years of age and younger, parenting youth twenty-four (24) years of age and younger
and children of parenting youth twenty-four (24) years of age and younger.
B. Program Activities.
Subrecipient agrees to perform only the following measurable activities for Homeless Youth Headed
Households:
1. Persons Served
(a) Essential Services for Persons experiencing Homelessness in
Youth- Headed Households (only eligible in conjunction with a
street outreach, case management, emergency shelter, street
outreach, or housing through a Transitional Living activity)
(b) Street Outreach for Persons experiencing Homelessness in
Youth -Headed Households
(c) Transitional Living for Persons experiencing Homelessness in
Youth -Headed Households
(d) Persons experiencing Homelessness in Youth -Headed
Households in an HHSP-Youth funded day/night Shelter'
' This number may include the all persons assisted through the operations of the shelter.
First Amendment to HHSP Contract Number 18236010006
II
0
10
0
Page 4 of 5
DocuSign Envelope ID: 39C83253-BE8F-4380-B7A5-13C1BBFBC5D7
(e) Case management for Persons experiencing Homelessness in 10
Youth -Headed Households
2. Outcomes
(a)
Persons in Youth -Headed Households who were Homeless 3
and have maintained housing for three (3) months after
HHSP exit
3. New
Beds
(a)
New Shelter beds created through Construction: 0
(b)
New Shelter beds created through Rehabilitation: 0
(c)
New Shelter beds created through Conversion: 0
(d)
New Transitional Living beds created through Construction 0
(e)
New Transitional Living beds created through Rehabilitation 0
(f)
New Transitional Living beds created through Conversion 0
First Amendment to HHSP Contract Number 18236010006 Page 5 of 5
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/13/22 M&C FILE NUMBER: M&C 22-0683
LOG NAME: 19ACCEPTING 2023 HOMELESS HOUSING AND SERVICES PROGRAM FUNDS
SUBJECT
(ALL) Authorize Acceptance of Grants from the Texas Department of Housing and Community Affairs for Homeless Housing and Services
Program Funds in the Amount of $409,176.00 and Homeless Housing and Services Program -Youth Set Aside in the Amount of $129,878.00,
Authorize Execution of Related Agreements, Authorize Execution of Subgrant Agreements with The Housing Authority of the City of Fort Worth
Doing Business as Fort Worth Housing Solutions to Provide Rental Assistance and with CitySquare to Provide Youth Rental Assistance and Case
Management, find that the Subgrant Agreements Serve a Public Purpose and that Adequate Controls are in place, and Adopt Appropriation
Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize acceptance of grants and execution of grant agreements with the Texas Department of Housing and Community Affairs for the
Homeless Housing and Services program funds in the amount of $409,176.00 (General) and $129,878.00 (Youth);
2. Authorize the execution of a subgrant agreement with Fort Worth Housing Solutions in the amount of $409,176.00 to provide rental
assistance to at least 40 permanent supportive housing clients (General);
3. Authorize the execution of a subgrant agreement with CitySquare in the amount of $129,878.00 to provide rental assistance and case
management to at least 10 youth (Youth);
4. Find that the subgrant agreements serve the public purpose of ending chronic homelessness and reducing youth homelessness and that
adequate controls are in place through the subgrant agreements; and
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating State Fund in the
amount of $539,054.00, subject to the receipt of the grant, for the purpose of reducing chronic and youth homelessness.
DISCUSSION
The State of Texas provides grant funding for the Homeless Housing and Services Program (HHSP) administered by the Texas Department of
Housing and Community Affairs (TDHCA) to nine municipalities with a population of 285,500 or greater, including the City of Fort Worth (City).
The HHSP amount allocated to the City is $409,176.00. The HHSP funds may be used to provide rental assistance, case management and other
services or housing options to reduce homelessness. The HHSP grant funds from prior years are currently being provided to Fort Worth Housing
Solutions through a subgrant agreement to provide rental assistance for permanent supportive housing to 40 homeless individuals annually.
The HHSP-Youth amount allocated to the City is $129,878.00. Eligible services include case management, emergency shelter, street outreach
and transitional living. The HHSP-Youth grant funds will be used to provide rental assistance and case management for 10 youth annually.
By approval of this Mayor and Council Communication, the City Council finds that funding the subgrant agreements will meet the public purpose of
helping to end chronic homelessness and reduce youth homelessness and that adequate controls are in place through the subgrant agreements to
ensure that the public purpose is carried out.
Upon acceptance, the grant will begin on September 1, 2022. The Neighborhood Services Department will administer the HHSP and HHSP-Youth
funds and monitor the sub -grantees, Fort Worth Housing Solutions and CitySquare. The subgrant agreements will be from September 1, 2022 to
August 31, 2023.
An Assistant City Manager is authorized to execute the contracts.
A Form 1295 is not required for these contracts because: These contracts will be with a governmental entity, state agency or public institution of
higher education: TDHCA and Fort Worth Housing Solutions. A Form 1295 is required for CitySquare.
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 operating budget, as appropriated, in the Grant Operating State 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 Citv Manaaer's Office by: Fernando Costa 6122
Oriainatina Business Unit Head: Victor Turner 8187
Additional Information Contact: Tara Perez 2235