Loading...
HomeMy WebLinkAboutContract 57358-A1FIRST AMENDMENT TO CSC No. 57358-Al CITY SECRETARY CONTRACT NO. 57358 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 Th e Salvation Army, a Georgia nonprofit corporation (hereafter "Developer"). City and Developer shall be refened to individually as a Party and collectively as the Parties. WHEREAS, on March 29, 2022, the Parties entered into City Secretmy Contract 57358 (the "Contract") for City to provide Developer with up to $754,302.80 of Community Development Block Grant ("·CDBG") funds to rehabilitate the small and large Red Shield Shelters located within the Salvation Army's Mabee Center located at 1855 East Lancaster Avenue, Fmi Worth, Texas. WHEREAS, the original contract term was for one year beginning on March 29, 2022; WHEREAS, delays in the Developer's internal procurement process interrupted the project timeline; WHEREAS, the Cont ract allows for an extension for up to two additional, one-year terms; WHEREAS, the effective date of this Amendment will be March 30, 2023 ("Effective Date"), to avoid having a gap in the Contract term; WHEREAS, it is the mutual desire of the City and Developer to amend the Contract to extend the term by one year and extend the completion deadline; and NOW, THEREFORE, the Parties, acting herein by the through their duly authorized representatives, do hereby agree to the following: I. Section 2. DEFINITIONS is amended to be and read as follows by deleting the original definition of Completion Deadline and substituting the following: Completion Deadline means March 29, 2024. FIRST AMENDMENT to CSC NO. 57358 The Salvation Army, A Georgia Corporation Red Shield Emergency Shelter Rehabilitation Project Page 1 II. Section 3. TERM is amended to be and read as follows by deleting the original language in 3.1 and substituting the following: 3.1. Term of Contract The term of this Contract is 2 years beginning on March 29, 2022 unless earlier terminated as provided in this Contract. III. EXHIBIT "B" — SOURCES AND USES attached to the Contract are hereby replaced with the attached EXHIBIT "B" SOURCES AND USES REVIS�D JANUARY 2024 attached hereto. EXHIBIT "C" — PROJECT AND REIMBURSEMENT SCHEDULE attached to the Contract are hereby replaced with the attached EXHIBIT "C" PROJECT AND REIMBURSEMENT SCHEDULE REVISED JANUARY 2024 attached hereto. IV. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Contract which are not expressly amended herein shall remain in full force and effect. V, ELECTRONIC SIGNATURE This Amendment and Extension may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as anoriginal. VI. EFFECT OF AMENDMENT This Amendment shall be binding upon the Parties hereto and their respective successors and assigns, if any. [SIGNATURES APPEAR ON NEXT PAGE] FIRST AMENDMENT to CSC NO. 57358 Page 2 The Salvation Army, A Georgia Co►poration Red Shield Emergency Shelter Rehabilitation Project ACCEPTED AND AGREED TO AS OF THE EFFECTIVE DATE: CITY OF FORT WORTH: By: Name: Fernando Costa Title: Assistant City Manager Date: Jan 11, 2024 APPROVAL RECOMMENDED: By: Name: Victor Turner Title: Director, Neighborhood Services ATTEST: By: Name: Jannette S. Goodall Title: City Secretary .f Developer: The Salvation Army, a Georgia Corporation :Paut Mcwtan« Pa.u\ McFarland (Jan 5, 202◄ 09:08 CST) By: Area Commander Name: Title: Date: 01/05/2024 FIRST AMENDMENT to CSC NO. 57358 The Salvation Army, A Georgia Corporation Red Shield Emergency Shelter Rehabilitation Project CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all perfonnance and reporting requirements. By: Chad la�oque (Jan 11, 202410:51 CST) Name: Chad LaRoque Title: Housing Development Manger APPROVED AS TO FORM AND LEGALITY: By: Name: Leslie L. Hunt Title: Sr. Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 21-0107 Dated: February 16, 2021 Page 3 EXHI�IT "B" BUDGET THE SALVATION ARMY, A GEORGIA CORPORATION SOURCES AND US�S REVISED JANUARY 2024 Project: Red Shield Etnergency Shelte►- Rehabilitation Project Construction Source No. Funding Priority of CDBG Loan Rehab Financing llescription Lien Funds Amount Participants 1 CDBG Loan lst $754,302.80 $754,302.80 City of Fort Worth 2 Grant 2nd $0.00 $334,125.00 Amon G. Carter Foundation TOTAL SOURCES $754,302.80 OF FUNDS TOTAL USES OF $1,088,427.80 FUNDS CDBG FUNDS BUDGET The Salvation Army Mabee Center Rehabilitation Project $754,302.80 TOTAL $754,302.80 FIRST AMENDMENT to CSC NO. 57358 Page 4 The Salvation Army, A Georgia Corporation Red Shield Emergency Shelter Rehabilitation Project EXHIBIT "C" CONSTRUCTION AND REIMBURSEMENT SCHEDULE, REVISED JANUARY 2024 THE SALVATION ARMY, A GEORGIA CORPORATION Activiiy CDBG Funds ` Total Costs for Red Shield Emergency Shelter Rehabilitation Pro,ject �754,302.80 • Contract signed PHASE I COMPLETED ' Procurement for Architectural & Engineeringx by� Architectural & Engineering Fees 9/30/2023 � *Contractor/subcontractor/vendor searches $62,969.67 under the Federal System for Award Management (www.sam.eo�-) must be submitted prior to any reimbursez�;zent under the Phase. Construction/Rehabilitation of Mabee Center: • Procurement for Construction PHASE II Contractor* COMPLETED BY: ° Construction Costs $641,333.13 3/29/2024 • 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 Mabee Center: • Punch List/Final Inspections by Neighbarhood Ser�vices PHASE III Department Inspectors FINAL PAYMENT o Rehabilitation Completed COMPLETED BY: • Final Reimbursement Forms to $50,000.00 5/31/2024 include Sectiou 3 Report per CBDG contract Section 10 and 14.11 � Compliance with Davis-Bacon per CDBG Contract Section 8.5 TOTAL CDBG Fi1NDS $754,302.80 FIRST AMENDMENT to CSC NO. 57358 Page 5 The Salvation Army, A Georgia Corporation Red Shield Emergency Shelter Rehabilitation Project 3/21/24, 3:10 PM CITY COUNCIL AGENDA Create New From This M�C M&C Review �ORT �4�'URTII -��- DATE: 2/16/2021 REFERENCE **M&C 21- LOG 19SALVATIONARMYREHABPROJECT NO.: 0107 NAME: CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 8) Authorize Change in Use and Expenditure in the Amount of $754,302.80 of Community Development Block Grant Funds Restricted Cash to The Salvation Army, a Georgia Corporation in the Form of a Forgivable Loan for the Rehabilitation of the Mabee Center Located at 1855 East LancasterAvenue, Authorize Execution of Contract, Authorize a Substantial Amendment to the City's 2019-2020 Action Plan, Authorize the Substitution of Funding Years, and Find that Funding the Rehabilitation Serves a Public Purpose RECOMMENDATION: It is recommended that the City Council: 1. Authorize a change in use and expenditure in the amount of $754,302.80 in Community Development Block Grant Restricted Cash funds to The Salvation Army, A Georgia Corporation in the form of a forgivable loan for the rehabilitation of the Mabee Center located at 1855 East Lancaster Avenue, Fort Worth, TX 76103; 2. Authorize a Substantial Amendment to the City's 2019-2020 Action Plan; 3. Authorize the City Manager, or his designee, to substitute of 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 Salvation Army, A Georgia Corporation 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 Salvation Army, A Georgia Corporation 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 renovation of the Mabee Center achieves the public purpose of providing shelter to homeless families 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: On August 27, 2019, the Fort Worth Housing Finance Corporation (FWHFC) Board approved the sale of 904 E. Weatherford, commonly known as the Airporter property, for a proposed 219-unit multifamily, mixed income housing development in downtown Fort Worth (FWHFC-2019-03). FWHFC made a number of attempts to develop affordable housing on the property; however, since no CDBG eligible project was ever developed, federal regulations required FWHFC to sell the property for fair market value since Community Development Block Grant (CDBG) funds were used for its acquisition. The sale closed on February 26, 2020, and the proceeds from the sale, $2,852,000.00, were transferred back to the City from the FWHFC, as required by CDBG regulations. The Department of Housing and Urban Development (HUD) permitted the City to retain and reallocate the full amount of the proceeds, which is considered CDBG program income. CDBG regulations require that the City use CDBG program income for other CDBG-eligible projects. apps.cfinrnet.org/council_packeUmc_review.asp?I D=28659&councildate=2/16/2021 1 /3 3/21/24, 3:10 PM M&C Review The Salvation Army, A Georgia Corporation (The Salvation Army), has requested $754,302.80 in CDBG funds, in the form of a forgivable loan, for the rehabilitation of the Mabee Center located at 1855 East Lancaster Avenue. The Salvation Army provides emergency shelter to more than 500 Fort Worth families each year and is the primary shelter for homeless families. In 2017, The Salvation Army temporarily converted the single woman and men's shelter to provide a shelter for families and children, but this space requires renovations to accommodate the differences between sheltering single persons and families. The Salvation Army has a men's residential program on campus, and any work resulting from this Project will not reduce or change the number of shelter beds for single men. The scope of work includes the renovation of the existing shelter to create two dormitory-style family shelters, restrooms to accommodate families, safe building entrance and check-in area, three separate family rooms, an ADA family room as well as other 1St floor common areas that are utilized by families. The CDBG funds will be used for design, soft costs and construction associated with the completion of the project. 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; iii. No interest will be charged on the loan unless The Salvation Army defaults under the terms of the contract; iv. Loan term to commence on the date of execution of loan documents and termination of the five year Performance Period; v. Performance Period shall begin upon issuance of a Certificate of Occupancy for rehabilitated portion of the shelter; and vi. Loan will be deferred and forgiven at the end of the five-year Performance Period requirements and terms and conditions of the contract have been met. end at the use of the if all CDBG Staff recommends that City Council approve amendments to the City's 2019-2020 Action Plan, and authorize the expenditure of $754,302.80 in CDBG funds for the proposed rehabilitation of the Mabee Center. 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 to expend oldest grant funds first. The funds may be used for any CDBG- eligible costs related to this project on behalf of homeless populations. The renovations funded through this loan will help provide shelter to homeless families 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 that public purpose will be carried out. The project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Grants Operating Federal Fund to support the approval of the above recommendations and amendment to the contract. Prior to any expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. Fund Department I Account _ ID FROM Fund Department Account L —�o - - Project ID Project ID Submitted for City Manager's Office by_ Program � Activity Program i Activity Budget Year Budget Year Fernando Costa (6122) Reference # Amount (Chartfield 2) Reference # Amount I (Chartfield 2) � apps.cfinrnet.org/council_packeUmc_review.asp?ID=28659&councildate=2/16/2021 2/3 3/21/24, 3:10 PM Originating Department Head: Additional Information Contact: ATTACHMENTS M&C Review Victor Turner (8187) Chad LaRoque (2661) Leticia Rodriguez (7319) 19SALVATIONARMYREHABPROJECT FID table.xlsx (CFW Internal) 19SALVATIONARMYREHABPROJECT funds avail.docx (CFW Internal) From 1295.pdf (CFW Internal) Salvation Armv,pdf (Public) apps.cfinrnet.org/council_packeUmc_review.asp?ID=28659&councildate=2/16/2021 3/3 Routing and Transmittal Slip Neighborhood Services Department DOCUMENT TITLE: CDBG The Salvation Army Rehab First Amendment M&C 21-0107 CPN CSO #RESERVED 57358 DOC# _ DATE: TO: INITIALS DATE OUT 1. Ronald Gonzales 2. Jannette Goodall 3.Allison Tidwell Good Afternoon, Attached is the First Amendment to CSC # 57358. Thank you DOCUMENTS FOR CITY MANAGER’S SIGNTURE: All documents received from any and all City Departments requesting City Manager’s signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDSTO BE NOTARIZED:Yes No RUSH:Yes No SAME DAY :Yes No NEXT DAY :Yes No ROUTINGTO CSO:X Yes No Action Required: As Requested and Notary Tabs For Your Information X Attach Signature × Signature/Routingand or Recording Comment File Return to: Please call Virginia Villalobos at ext. 7744 for pick up when completed. Thank you.