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HomeMy WebLinkAbout063557-A1 - General - Contract - Texas Department of Housing and Community Affairs (TDHCA)Docusign Envelope ID: 42700FC8-D6E6-48A1-B435-E76FA9C64FD1 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2024 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM YOUTH SET-ASIDE GENERALREVENUE FIRST AMENDMENT TO CONTRACT NUMBER 18246010016 WITH City of Fort Worth, a political subdivision of the state of Texas CSC No. 63557-A1 This First Amendment FY 2024 Homeless Housing and Services Program Youth Set-Aside Contract Number 18246010016 ("First Amendment") by and between the TEXAS DEPARTMENT OF HOUSING AND COMMUNtTY 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 June 30, 2025, and June 27, 2025, the Department and Subrecipient, respectively, executed the FY 2024 Homeless Housing And Services Program Youth Set-Aside Contract Number 18246010016 to be effective on June 1, 2025 ("Contract"); and WHEREAS, the Parties agree that the Texas Grant Management Standards under the authority of Chapter 783 of the Texas Government Code ("TxGMS") 2.0 applies to this Contract, as amended; 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. Subsections B and C, in Section 5, Method of Pavment/Cash Balances, of the Contract are hereby amended, effective the date executed by all parties, to read as follows: B. METHOD OF PAYMENT. The Department will reimburse Subrecipient for eligible costs incurred by the Subrecipient during the Contract Term so long as Subrecipient submits the Monthly Performance Report and Monthly Expenditure Report in accordance with the requirements of 10 TAC §7.5. The Department reserves the right to utilize a cost reimbursement method of payment, as defined by 10 TAC §7.2(12), if the Subrecipient violates any of the terms of this Contract or other Department contract. C. ALLOWABLE EXPENSES. All funds paid to Subrecipient pursuant to this Contract are paid in trust for the exclusive benefit of the eligible Program Participants (as such term is defined in 10 TAC §7.2(42) of HHSP services and for the payment of allowable expenditures." 2. Section 13, Independent Contractor, is hereby amended, effective June 1, 2025, to read as follows: OFFICIAL RECORD First Amendment to HHSP Contract Number 18246010016 CITY SECRETARY Page 1 of 6 FT. WORTH, TX Docusign Envelope ID: 42700FC8-D6E6-48A1-B435-E76FA9C64FD1 "It is agreed that Department is contracting with Subrecipient as an independent contractor. To the extent authorized by law, Subrecipient agrees to indemnify Department against any disallowed costs or other claims which may be asserted by any third party in connection with the services to be performed by Subrecipient under this Contract. The Department acicnowledges governmental entities cannot create an unfunded debt pursuant to the Texas Constitution." 3. Subsection B, Dru� Free Worlcplace Act of 1988, in Section 22, Compliance With Laws, of the Contract is hereby amended, effective June 1, 2025, to read as follows: "B. DRUG-FREE WORKPLACE ACT OF 1988. The Subrecipient affirms by signing this Contract and the "Certification Regarding Drug-Free Workplace Requirements' attached hereto as Addendum A that it is implementing the Drug-Free Workplace Act of 1988 (41 USC §701 et seq) and the regulations promulgated thereunder including, without limitation, 2 CFR Parts 182 and 2429." 4. Subsection M, Prohibited Expenditures on Certain Telecommunications and Video Surveillance Services and Equipment, in Section 22, Compliance With Laws, of the Contract is hereby amended, effective June 1, 2025, to read as follows: "M. PROHIBITED EXPENDITURES ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES AND EQUIPMENT. (1) General. Pursuant to 2 CFR §200.216, Subrecipient and its contractors are prohibited from using funds under this Contract for equipment, services, or systems that use the following covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system in accordance with Section 889 of Public Law 115-232 (National Defense Authorization Act 2019) or enter into, extend or renew a contract to procure the following covered telecommunications equipment orservices: a) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities. b) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). c) Telecommunications or video surveillance services provided by such entities or using such equipment. d) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. e) Systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (2) Subcontracts. Subrecipient must incorporate this prohibition in any contract and require its subgrantees or subcontractors to incorporate this requirement into any contract." First Amendment to HHSP Contract Number 18246010016 Page 2 of 6 Docusign Envelope ID: 42700FC8-D6E6-48A1-B435-E76FA9C64FD1 5. Section 22, Compliance With Laws. of the Contract is hereby amended, effective June 1, 2025, to add subsection T, Remedies, to read as follows: "T. REMEDIES. Upon an occurrence of an event of default, the Department, in its sole discretion may, (i) apply to any court having jurisdiction of the subject matter for specific performance of this Contract, and/orfor an injunction against any violation of this Contract, or (ii) take any action authorized under Title 10, Part 1, Chapter 10, Subchapters F and G of the Texas Administrative Code or Title 10, Part 1, Chapter 2 of the Texas Administrative Code, or (iii) take any and all action at law, in equity, or otherwise for such other relief as may be appropriate, it being acknowledged that the beneficiaries of Subrecipient's obligations thereunder cannot be adequately compensated by monetary damages in the event of Subrecipient's default. The Department shall be entitled to its reasonable attorneys' fees in any such judicial action in which the Department shall prevail. The Department shall also be compensated for fees associated with additional compliance monitoring during corrective periods of non-compliance upon a default by Subrecipient hereunder." 6. Subsection A. Equal Opportunitv, in Section 27, Nondiscrimination, Fair Housin� and Epual Access. of the Contract, has been deleted in its entirety and replace with the following, effective the date executed by all parties to read as: "A. Intentionally deleted." 7. Section 44, Limitation on Abortion Fundin�, of the Contract, has been amended, effective the date executed by all parties to read as: "Subrecipient represents and warrants that the Contract is not a taxpayer resource transaction prohibited by Sections 2273.003 or 2273.0031 of the Texas Government Code and that payments made by Department to Subrecipient and Subrecipient's receipt of appropriated funds under Contract are not prohibited by Article IX, Section 6.24 of the General Appropriations Act." 8. "Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements" attached as Addendum A to the Contract is hereby deleted in its entirety and all references to Addendum A in this Contract are hereby deleted effective the date executed by all parties. 9. The "Budget" attached as Exhibit B to the Contract is hereby deleted and replaced in its entirety with the "Budget" consisting of one (1) page attached as Attachment #1 to this First Amendment to be effective on the date executed by all Parties. The Uniform Grant Management Standards continue to apply to this Contract. 10. 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 are in confiict, this First Amendment shall govern, unless it would make the Contract void by law. 11. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. 12. This First Amendment may be executed in severai 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. First Amendment to HHSP Contract Number 18246010016 Page 3 of 6 Docusign Envelope ID: 42700FC8-D6E6-48A1-B435-E76FA9C64FD1 13. 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. 14. 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. 15. This First Amendment shall be binding upon the Parties hereto and their respective successors and assigns. 16. This First Amendment shall be effective on the date(s) provided herein. First Amendment to HHSP Contract Number 18246010016 Page 4 of 6 Docusign Envelope ID: 42700FC8-D6E6-48A1-B435-E76FA9C64FD1 AGREED TO AND EXECUTED BY: SUBRECIPIENT: City of Fort Worth, a political subdivision of the state of Texas spned by: gy: I 1%ioun.�n.a G+or�.aun.e �-581A7F7 �B3�A .., Name: Dianna �iorc�ano Title: Assistant Citv Mana�er Date: 3/3/2026 � 11:31:36 AM CST 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 By: �DoouSlpn�d by: � �r Name: �b°�ai�°�er°svp Title: Its dulv authorized officer or representative 3/3/2026 � 11:41:14 AM CST Date: First Amendment to HHSP Contract Number 18246010016 Page 5 of 6 IN WITN�SS WH�REOF, the Parties hereto have executed this Agreement in multiple originals on the date written below their respective signatures to be effective on the Effective Date. ACCEPT�D AND AGREED: CITY OF FORT WORTH: APPROVAL RECOMMENDED: CONTRACT COMPLIANCE MANAGGR: By signing I acknowledge that I am the person responsible for the monitoring and administcation of this contract, including ensuring all performance and reporting requirements. ^��t�.��.,� By: Bethany Warner (Mar 5, 2026 08:55:44 CST) By: Name: Bethany Warner Title: Assistant to the City Manager/Special Projects ATT�ST: � �, Yr C }n 0 �) By: �� Name: Jannette S. Goodall Title: City Secretaiy uQ poFF�RT qII0 �°° °� �s a a�'�'e �9d? P!'a �0�10 Pva o=d Pa�*000 000 *� a°Ba nFXP?o4p �� P�� Name: Tara Perez Title: Homeless Sh�ategies Manager APPROV�D AS TO FORM AND L�GALITY: / By: Name: Gavin Midgley Title: Assistant City Attoi•ney CONTRACT AUTHORIZATION: M&�: 25-0475 1295: ��]��C�/,1�:�X�%]:��7 C+� � i'�'� Xy:� � ��1:�'1 FT. WORTH, TX Docusign Envelope ID: 42700FC8-D6E6-48A1-B435-E76FA9C64FD1 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2024 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM YOUTH SET-ASIDE GENERALREVENUE FIRST AMENDMENT TO CONTRACT NUMBER 18246010016 WITH City of Fort Worth, a political subdivision of the state of Texas ATTACH M ENT #1 EXHIBIT B BUDGET City of Fort Worth, a political subdivision of the state of Texas I. DEPARTMENT FINANCIAL OBLIGATIONS Additional funds may be obligated via Amendment(s) during the Contract Term. Funds may only be obligated and expended during the current Contract Term, and reported during the Close-Out Process. Unexpended fund balances will be recaptured. II. BUDGET FOR AVAILABLE ALLOCATIONS ADMINISTRATION CASE MANAGEMENT SALARY CONSTRUCTION/REHABILITATION/CONVERSION ESSENTIAL SERVICES (only eligible in conjunction with a street outreach, case management, emergency shelter, street outreach, or housing through a Transitional Living activity) HOMELESSASSISTANCE through a Transitional Living Activity OPERATIONS TOTAL FUNDS AWARDED $0.00 $148,014.00 $0.00 $1,986.00 $0.00 $0.00 DS $150,000.00 � III. FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS: Denotes that the Subrecipient must request in writing any adjustment needed to a budget category before the Department will make any adjustments to the budget categories. Only those written request(s) from the Subrecipient received at least thirty (30) calendar days prior to the end of the Contract Term will be reviewed. The Department may decline to review written requests received during the final thirty (30) calendar days of the Contract Term. First Amendment to HHSP Contract Number 18246010016 Page 6 of 6 Cify of Fort Worth, Mayor and DATE: 06/10/25 Texas Council Communication M&C FILE NUMBER: M&C 25-0475 LOG NAME: 02ACCEPTING EXTRA HOMELESS HOUSING AND SERVICES PROGRAM FUNDS SUBJECT (ALL) Authorize Acceptance of Grant from the Texas Department of Housing and Community Affairs for Homeless Housing and Services Program Funds Youth-Set Aside in the Approximate Amount of $126,311.00, Authorize Execution of Related Agreement, Authorize Execution of Subgrani Agreement with Transition Resource Action Center to Provide Youth Outreach and Case Management, Find that the Subgrant Agreement Serves a Public Purpose and that Adequate Controls are in Place, and Adopt Appropriation Ordinance RECOMMENDATION: It is recornmended that the Ciry Council: 1. Authorize acceptance of grant from the Texas Department of Housing and Community Affairs for the Homeless Housing and Services Program funds in the approximate amount of $126,311.00 for Youth Set-Aside; 2. Authorize execution of grant agreement, inclutling the abiliry to adjust the grant amount in such agreement; 3. Authorize the execution of a subgrant agreement with Transition Resource Action Cenier in the approximate amount of $126,311.00 to provitle outreach and case management to at least 120 youth; 4. Find ihat the subgrant agreement serves the public purpose of reducing youth homelessness and that adequaie controls are in place through the subgrant agreement; and 5. Adopt the attached appropriation ordinance increasing esiimated receipts and appropriations in the Grants Operating State Fund in tl�e approximate amount of $126,311.00, subject to the receipt of the grant, for the purpose of reducing youth homelessness. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to approve the acceptance of grant funding and related agreemenf for services directed to youth ages 18 - 24 experiencing homelessness. 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 municipalities with a population of 285,500 or greater, including the Cily of Fort Worth (City). Each year cities are allocated funding for the general and youth HHSP programs. However, somelimes cities do not fully utilize this funding and TDHCA is able to reallocate to cities that do expend funds. TDHCA asked if the City of Fort Worth would accept an addiiional $126,311.00 of HHSP-Youth funds. The roliover 2024 HHSP-Youth amount allocated to the City is approximately $126,311.00. Eligible services include case management, emergency shelter, street outreach and iransitional living. Transition Resource Action Center (TRAC) is the City's 2025 HHSP-Youth subgrantee and provides both rental assistance and case management to young adults ages �8-24. Pending a risk assessment and City Council approval, the City will enter into a subgrant agreement with TRAC for outreach and case management for at least 120 youth with these rollover 2024 funds. By approval of this Mayor and Council Communication, the City Council finds that funding the subgrant agreement will meet the public purpose of helping to reduce youth homelessness and that adequate controls are in place through the subgrant agreement to ensure that the public purpose Is carried out. Upon acceptance, the grant will begin on June 1, 2025. The City Manager's Office will administer the HHSP-Youth funds and monitor the sub- grantee, TRAC. The subgrant agreement will be from June 1, 2025 to May 31, 2026. No City salaries will be charged to this grani; therefore, indirect cost recovery does not apply. An Assistant City Manager is authorized to execute the contracts. FISCAL INFORMATION I CERTIFICA710N:. The Director of Finance cerlifies ihat upon approval of tfie above recommendations, execution of the Texas Department of Housing and Community Affairs grant for Homeless Housing and Services Program Youth-Set Aside funds, and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, in the Grants Operating State Fund. The City Manager's Office (and �inancial Management Services) is responsible for the collection and deposit of funds due to the City. Prior to any expense being incurred, the City Manager's Office has the responsibility lo validate the availability of funds. This is a reimbursement grant. Submitted for Citv Manaaer's Office bv: Dianna Giordano 7783 �ORTWORTH� City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Texas Department of Housing and Community Affairs Subject of the Agreement: This is an amendment to an existing agreement for state grant funds to be used to serve homeless youth ages 18-24 in the City of Fort Worth with outreach and case management. The amendment increases grant funding. M&C Approved by the Council? * Yes B No ❑ If so, the M&C must be attached to tl�e contract. Is this an Amendment to an Existing contract? Yes B No ❑ 63557 - A1 If so, pr•ovide !he origif�al co�ti�act nznnbe�� and the nmendment nam�ber. Is the Contract "Permanent"? *Yes ❑ No � If amszire, see back page for permanent cont�•act listing. Is this entir�e eontract Confidential? XYes ❑ No ❑ If only specrfic info��mario» ,s Confrdenlial, please list ��hnt irrformation is Corrfidential arrd the page it is located. Effective Date: If different, fi�om fhe npp�•oval da�e. Expiration Date: If applicnble. Is a 1295 Form r•equired? * Yes ❑ No 8 *If so, please ensan�e it is attached to the approving M&C or attached to the cont�•act. Project Number: Ifapplicnble. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes B No ❑ Contracts need to be routed for CSO processin� in the followin� order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *b�dicates the inforn�alion is ��eqz�ired a»d if the info�•�nation is not p�•ovided, tl�e co»h•nct i��ill be �•etimned �o �he cleparhnerrl.