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HomeMy WebLinkAboutContract 45959-A1 CITY SECRETARY Q e CONTRACT NO. [t Q � r ST AMENDMENT TO CITY SECRETARY CONTRACT NO. 45959 EREAS, on October 30, 2013 the City of Fort Worth ("City") and Tarrant County Hou ' artnership, Inc. ("Developer") made and entered into City Secretary Contract No. 9.9 „ b (the "Contract"), as authorized by the City Council in M&C C-25531 adopted on March 7, 2012 which provided $1,115,000 of City's HOME funds to Developer for the development and construction of up to 10 single family houses in the Hillside-Morningside neighborhood; WHEREAS, the funding provided to Developer in the Contract was from a grant received by the City from the United States Department of Housing and Urban Development through the HOME Investment Partnership Program, Catalog of Federal Domestic Assistance No. 14.239; WHEREAS, a portion of the City's HOME funds are reserved for the use of certain housing development entities that qualify under the HOME Regulations as a Community Housing Development Organization("CHDO") and Developer is qualified as a CHDO under the HOME Regulations; WHEREAS, Developer requested $130,234.00 of HOME CHDO funds for the construction of a single family house located at 1121 E. Harvey to be sold to HOME Eligible Buyers under the terms and conditions set forth in the Contract; WHEREAS, the proposed budget for the house was prepared in 2015 based on estimates of costs at that time, but due to increases in development and construction costs, as well as other additional unanticipated costs no included in the estimates on which these Budget was based, Developer has requested an additional $41,213.00 of HOME Funds to complete the house and extend the deadline; WHEREAS, Developer has requested an amendment to adjust the line item amounts listed in Exhibit `B" - Budget and to extend the Completion Deadline in Exhibit "C" -Project and Reimbursement Schedule due to scheduling issues and the rise in price for development and construction costs for the project; WHEREAS, the environmental review for this house required noise mitigation which was inadvertently not detailed in the Contract; WHEREAS,the CHDO has legally changed its name to Housing Channel, Inc.; and WHEREAS, it is the mutual desire of City and Developer to amend the Contract to complete the project and meet Contract objectives. NOW THEREFORE, City and Developer hereby agree as follows: I. OFFICIAL RECORD Section 2. DEFINITIONS is amended to be and read as follows: CITY SECRETARY "Completion Deadline means December 31, 2017 FT.WORTH,TX CONTRACT AMENDMENT 1 to CSC No.45959 Page 1 Housing Channel,Inc.—1121 E.Harvey Rev. 8/2017 "Home Funds means the HOME Program grant funds supplied by City to Developer under the terms of this Contract not to exceed $188,590.00, which includes the costs set forth in Exhibit `B"—Budget and the Developer Fee." II. Section 4.1 is amended to be and read as follows: "4.1 Provide HOME Funds. City shall provide Developer up to $171,447.00 of HOME Funds in the form of the Loan for eligible expenses for the development of the house under the terms and conditions described herein." The first sentence of Section 17. INSURANCE AND BONDING is amended to be and read as follows: "Developer will maintain coverage in the form of insurance or bond in the amount of $171,447.00 to insure against loss from the fraud, theft or dishonesty of any of Developer's officers,agents,trustee, directors or employees." III. Exhibit "A-2" —Environmental Mitigation Action, Exhibit "B" -Budget and Exhibit "C" - Project and Reimbursement Schedule attached to the Contract are hereby replaced with Exhibit "A-2" — Environmental Mitigation Action Revised 8/2017, Exhibit "B" - Budget Revised 8/2017 and Exhibit "C" - Project and Reimbursement Schedule Revised 8/2017 attached hereto. IV. This amendment is effective as of the Effective Date of the Contract except the amendment to Section 17 is effective as of the date of this amendment. VII. All other terms and conditions of City Secretary Contract No. 45959 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 meanings assigned to them in the Contract. [SIGNATURES APPEAR ON NEXT PAGE] CONTRACT AMENDMENT 1 to CSC No.45959 Page 2 Housing Channel,Inc.—1121 E.Harvey Rev. 8/2017 ACCEPTED AND AGREED: .y FORT ATTEST: �pF.• ' ' OF FORT WORTH y= City Secretary ando Costa, Assistant City Manager M&C C-26893 Date: 8/5! 4 Form 1295:N/Aj(AS APJ�ROVED AS TO FORM AND LEGALITY: Paige Me ne, Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all perf ance and reporting requirements. 44 Name of Employee tbusir�ad�exelnomeitf av�dl Czra�SmaY�tioye� Title HOUSING CHANNEL a Texas non-profit corporatio By: �� ' - :Do, es —Pre si ent Com' OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX CONTRACT AMENDMENT 1 to CSC No.45959 Page 3 Housing Channel,Inc.— 1121 E.Harvey Rev. 8/2017 EXHIBIT "A-2" ENVIRONMENTAL MITIGATION ACTION REVISED 8/2017 HOUSING CHANNEL, INC. 1121 E. HARVEY HOME Funds may be reimbursed for exempt activities; however, HOME funds will not be paid, and costs cannot be incurred until City has conducted and completed an environmental review of the proposed project site as required under 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify, or cancel the project. Further, Developer will not undertake or commit any funds to physical or choice limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair or construction until satisfactory completion of environmental review and receipt by City of an authorization to use grant funds from HUD under 24 CFR Part 5 8. EA MITIGATION MEASURES AND CONDITION FOR PROJECT APPROVAL: The noise level at the project exceeds 65 dB. The architect for the project should issue a letter stating the typical materials that would be used to construct the house will attenuate the noise. CONTRACT AMENDMENT 1 to CSC No.45959 Page 4 Housing Channel,Inc.— 1121 E.Harvey Rev. 8/2017 EXHIBIT "B" BUDGET REVISED 8/2017 HOUSING CHANNEL, INC. 1121 E. HARVEY Development Budget Use of Funds Source of Funds Predevelopment Cost HOME$ OTHER$ SOURCE OF OTHER TOTAL$ FUNDS FUNDS FUNDS FUNDS (1) (2) (Names) (1+2) 1.Market Study 100 100 2.Feasibility(i.e.:preliminary work 1,168 1,168 write-up,cost estimates,design) Total Predevelopment_Cost 1,268 1,268 Development Cost 3.Land and/or building acquisition 2,708 2,708 4. Site Preparation 2,885 2,885 5.Construction Cost 164,586 164,586 6.Listing/Real Estate Closing Costs 7,361 Proceeds of Sale 7,361 Total Development Cost(Total of items 170,179 7,361 177,540 3-6 Total Predevelopment and Development 171,447 7,361 178,808 Funds Developer Fee(10%of Total 17,143 17,143 Predc%c'k)[)iiictit and Development Funds Total with DeN_coci-Fee 188,590 7,361 195,951 *Developer Fee shall be paid from HOME Funds by invoice after the closing of the sale of the house to a HOME Eligible Buyer. The Developer Fee consists of 10%of the project related development costs. **Seller-paid closing costs as shown on the HUD-1 Settlement Statement paid from gross sales proceeds from the sale of the house. CONTRACT AMENDMENT 1 to CSC No.45959 Page 5 Housing Channel,Inc.—1121 E.Harvey Rev. 8/2017 EXHIBIT "C" PROJECT.AND REIMBURSEMENT SCHEDULE REVISED 8/2017 HOUSING CHANNEL, INC. 1121 E. HARVEY Phase Activity Amount PHASE I ACTIVITIES: Contract Signed Land and/or Building Acquisition Predevelopment PHASE I DEADLINE: $2,985* October 31,2015 1st Payment* PHASE H ACTIVHTES: Site Preparation Predevelopment Construction costs PHASE R DEADLINE: 2nd Payment* $9,104* December 31,2016 PHASE III ACTIVHTES: Architectural&Engineering Fees Construction Costs Utilities/Security PHASE III DEADLINE: 3 d Payment* $84,404* August 31,2017 PHASE IV ACTIVHTES: Construction costs Utilities/Security PHASE IV DEADLINE: 4th Payment* $58,296* September 30,2017 PHASE V ACTIVITIES: Construction Costs Utilities/Security PHASE V DEADLINE: FINAL PAYMENT* $16,658* December 31,2017 TOTAL $171,447 DEVELOPER FEE** Paid after closing of sale to HOME $17,143** Eligible Buyer *Developer will be reimbursed for eligible expenses only. The amounts are estimates and are subject to change. **10% of project related development costs as shown on Exhibit"C"-Budget. CONTRACT AMENDMENT 1 to CSC No.45959 Page 6 Housing Channel,Inc.—1121 E.Harvey Rev. 8/2017 M&C Review Page 1 of 6 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDAH COUNCIL ACTION: Approved on 8/5/2014 -Ordinance No. 21363-08-2014 CONTINUED FROM A PREVIOUS WEEK DATE: 7/22/2014 REFERENCE C-26893 LOG NAME: 17HUDACTIONPLANPY2014- NO.: 2015 CODE: C TYPE: NOW PUBLIC YES CONSENT HEARING: SUBJECT: Conduct Two Public Hearings and Approve the City's Action Plan for the Use of Federal Grant Funds in the Amount of$9,827,252.00 from the United States Department of Housing and Urban Development for Program Year 2014-2015 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS Grant Programs, Authorize Collection and Use of Program Income, Authorize Waiver of Application of Indirect Cost Rates, Authorize Execution of Related Contracts and Interdepartmental Letters of Agreement and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Conduct two public hearings to allow citizen input and consideration of the City's 2014-2015 Action Plan for use of federal grant funds from the United States Department of Housing and Urban Development in the amount of $9,827,252.00 for Program Year 2014-2015 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant programs and for the use of program income from activities using prior years'federal grant funds; 2. Approve the City's 2014-2015 Action Plan for submission to the United States Department of Housing and Urban Development including allocations of grant funds to particular programs and activities as detailed below; 3. Authorize the collection and use of an estimated amount of $50,000.00 of program income resulting from activities using prior years' Community Development Block Grant funds for the programs and activities detailed below; 4. Authorize the collection and use of an estimated amount of $100,000.00 of program income resulting from activities using prior years' HOME Investment Partnerships Program funds for the City's Homebuyer Assistance Program; 5. Authorize the City Manager or his designee to execute contracts and Interdepartmental Letters of Agreement for a one year term with the agencies listed below in Tables 1, 2 and 3 for Program Year 2014-2015 for Community Development Block Grant, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding; 6. Authorize the City Manager or his designee to extend the contracts and Interdepartmental Letters of Agreement for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program, or to amend the contracts and Interdepartmental Letters of Agreement if necessary to achieve program goals provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; t,,►„•ii-,,,,� ,MMP* Q/I/Ini7 M&C Review Page 2 of 6 8. Authorize a waiver of indirect cost rates as applicable for the Grants Fund, in accordance with the City's Administrative Regulations; and 9. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the Grants Fund in the total amount of $9,827,252.00 consisting of $6,193,950.00 in Community Development Block Grant funds, $2,143,383.00 in HOME Investment Partnerships Program funds, $493,901.00 in Emergency Solutions Grant funds and $996,018.00 in Housing Opportunities for Persons with AIDS grant funds, plus any program income, all subject to receipt of such funds. DISCUSSION: The City's Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for use of federal grant funds totaling $9,827,252.00 from the United States Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and Housing Opportunities for People with AIDS (HOPWA) grant programs for the program year beginning October 1, 2014 and ending September 30, 2015. This year's Action Plan also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds. The purpose of these grant funds is to primarily benefit low and moderate income City residents, with ESG funds primarily benefiting homeless persons and HOPWA funds primarily benefiting persons with HIV/AIDS. Staff developed recommendations for the allocation of the estimated funding from HUD and presented them to the Community Development Council (CDC) on May 21, 2014 and to the City Council at the Pre-Council meeting on June 10, 2014. Notice of a 30-day public comment period from July 2, 2014 to July 31, 2014 was published in the Fort Worth Star-Telegram on June 28, 2014. Any comments received will be maintained by the Housing and Economic Development Department, in accordance with federal regulations. The City will hold two public hearings as part of the HUD-required citizen participation process, the first on July 22, 2014 and the second on August 5, 2014 at which time the City Council is scheduled to approve the Action Plan. In addition, public hearings were held on June 24, 2014 at 10:00 a.m. and 6:00 p.m. for citizens to provide comment on the proposed list of neighborhood streets eligible for reconstruction using CDBG funds. A summary of the CDC's funding recommendations is provided below in Tables 1, 2 and 3 and a spreadsheet of all specific funding recommendations is attached. The Action Plan must be submitted to HUD by August 15, 2014. For Program Year 2014-2015, it is recommended that the amount of $6,193,950.00 in CDBG funds and the estimated amount of$50,000.00 of CDBG program income be allocated as follows: Public Services - $929,092.50 This item includes social services for low to moderate income, disabled and disadvantage populations. Housing Programs and Services - $2,150,600.00 This item includes funding for the City's Priority Repair Program, Cowtown Brush-Up, homebuyer and housing services and accessibility modifications to the homes of senior and/or disabled individuals and related project delivery costs for these programs. CDBG Match Funds -$500,000.00 This item includes match funds for the Lead Grant program. Infrastructure Services - $638,126.80 This item includes funding for reconstruction of neighborhood streets. httn•//snnc(-,fwnet nra/(-.nrnncil nacket/mc review acn7TT)=')00?7Rrcnnncilrlate=R/5/7(114 R/1)/1)f117 M&C Review Page 3 of 6 CDBG Economic Development -$737,340.70 This item is the City's annual payment on its Section 108 loan from HUD. CDBG Estimated Program Income -$50,000.00 The CDC recommended allocating any CDBG program income for the reconstruction of neighborhood streets. CDBG General Administration -$1,238,790.00 This item includes costs for administering the CDBG grant including allocations for Financial Management Services, Internal Audit and Transportation and Public Works Departments. For Program Year 2014-2015, it is recommended that the amount of $2,143,383.00 in HOME funds and the estimated amount of$100,000.00 of HOME program income be allocated as follows: Homebuyer Assistance Program -$1,097,405.70 This items includes funding for down payment and/or closing cost assistance to low and moderate income homebuyers. Community Development Housing Organizations (CHDO) Set Aside -$321,507.40 HUD requires that a minimum of 15 percent of HOME funds be allocated to CHDOs for affordable housing projects and CHDO administrative operating costs. These funds will be used to complete the Hillside Morningside Neighborhood Single Family Infill Development which will result in the construction of up to 17 single family houses by the Tarrant County Housing Partnership CHDO. Multifamily Development-$510,131.60 Funding will be used for the Columbia at Renaissance Square, an approximately 140-unit mixed income development, with 28 market rate units. The rest of the units will provide quality affordable housing to Fort Worth families with incomes at or below 80 percent of Area Median Income. The development will be located at 3801 W.G. Daniels Drive in Council District 8. HOME General Administration -$214,338.30 This item includes costs for administering the HOME grant. HOME Estimated Program Income -$100,000.00 The program income will be used in the City's Homebuyer Assistance Program. For Program Year 2014-2015, it is recommended that the amount of $996,018.00 in HOPWA funds be allocated as follows: Non-Profit Service Providers -$966,137.46 HOPWA Program Administration -$29,880.54 For Program Year 2014-2015, it is recommended that the amount of $493,901.00 in ESG funds be allocated as follows: Non-Profit Service Providers -$456,858.42 ESG Program Administration -$37,042.58 The CDC and Staff recommend that contracts be executed with the agencies listed below in the amounts shown in the following tables: httn-//annc rfwnet nru/cnnncil packet/mc review_asn?TT)=20027&ccnincildate=8/5/2014 8/2/2017 M&C Review Page 4 of 6 Community Development Block Grant: Table 1 - CDBG Agencies Organization Program mount Women's Center of Tarrant County Senior Services $ 75,000.00 Senior Citizens of Greater Tarrant Senior Services $ 93,092.50 County YMCA of Metropolitan Fort Worth Child Care Services $ 50,000.00 YWCA of Fort Worth and Tarrant Child Development $ 50,000.00 County Childcare Associates Child Care Services $ 50,000.00 Girls Inc. of Tarrant County Youth Services $ 75,000.00 Camp Fire Youth Services $ 75,000.00 Lena Pope Home Youth Services $ 75,000.00 Ladder Alliance Employment/Job Training $ 75,000.00 Tarrant County Housing Partnership Housing Counseling & $ 124,000.00 Education Presbyterian Night Shelter Case Management/Main $ 82,000.00 Shelter Meals on Wheels of Tarrant County Home-delivered Meals $ 105,000.00 Program CDBG Public Service Subtotal IF $ 929,092.50 *REACH Resource Center on Need-Project Ramps $ 75,000.00 Independent Living Total CDBG Contracts $1,004,092.50 `REACH will be funded from the CDBG Housing Programs budget. Housing Opportunities For Persons With AIDS: Table 2 - HOPWA Agencies OrganizationF Program IL Amount Tarrant County Administration (seven percent) and Supportive Samaritan Housing, Services $409,380.46 Inc. Administration (seven percent), Supportive AIDS Outreach Services, Tenant Based Rental Assistance $556,757.00 Center, Inc. (TBRA), and Short Term Rent Mortgage and Utility Assistance (STRMU) TOTAL HOPWA Contracts $966,137.46 htt„•//arms rfixmat nrn/rnimril nni-I-at/mr raviacxacr9TTl=7(1(177JP�rnnnrilrlata=R/S/7(lld 12/7/7(117 M&C Review Page 5 of 6 Emergency Solutions Grant: Table 3 - ESG Agencies Organization Program Amount SafeHaven of Tarrant County Shelter Services IL$ 85,065.00 Presbyterian Night Shelter Shelter Services $ 95,544.00 Day Resource Center for the Shelter Services $115,732.00 Homeless The Salvation Army, a Georgia Homelessness Prevention/Rapid $ 43,136.00 Corporation Re-Housing Catholic Charities of Fort Worth Homelessness Prevention/Rapid $117,381.42 Re-Housing TOTAL ESG Contracts $456,858.42 These programs are available in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, adoption of the attached appropriation ordinance and receipt of grant funds, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 451727 017206720XXX $6,193,950.00 GR76 5XXXXX 017206720XXX $6,193,950.00 GR76 451727 017206721XXX $2,143,383.00 GR76 5XXXXX $2,143,383.00 017206721XXX GR76 451727 017206723XXX $493,901.00 GR76 5XXXXX 017206723XXX $493,901.00 GR76 451727 017206724XXX $996,018.00 GR76 5XXXXX 017206724XXX $996,018.00 GR76 476091 017206720XXX $50,000.00 GR76 5XXXXX 017206720XXX $50,000.00 GR76 476076 017206721XXX $100,000.00 GR76 5XXXXX 017206721XXX $100,000.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Jay Chapa (5804) Additional Information Contact: Cynthia Garcia (8187) Leticia Rodriguez (7319) httn•//annc nfiwnPt nry/nnnnnil nankPt/mn rPviPw acn7TT)=700779rc-nrnnrilrlatP=R/5h(11 d R/7/')(117 M&C Review Page 6 of 6 ATTACHMENTS 17HUDACTIONPLANPY2014-2015 AO 2014.docx Action Plan 14-15.pdf PROPOSED 2014 CDBG Streets Attachment.pdf lk A. -//-- ..A.--+,,,.,,i,.,,,,..,.;1 ...,,.vo+i,,,,. .o.>,o.,> An+o—Qici)ni n QMMAl'7