HomeMy WebLinkAboutContract 56454-R1A1 CSC No.56454-RlA1
RENEWAL ONE AND AMENDMENT ONE TO CITY OF FORT WORTH
CONTRACT NO. CSC # 56454
BETWEEN THE CITY OF FORT WORTH AND BV SIERRA VISTA,LLC
This RENTAL ASSISTANCE LANDLORD AGREEMENT ("Agreement") is made and entered into by
and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by
and through Fernando Costa, its duly authorized Assistant City Manager, and BV SIERRA VISTA, LLC,
("Landlord") acting by and through, Margarita Pozos, its duly authorized representative, each individually
referred to as a"party" and collectively referred to as the"parties."
RECITALS
WHEREAS, on October 11, 2021, the City entered into an agreement with the Landlord
for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 56454 (the
"Agreement");
WHEREAS, the Agreement's initial term was from March 1, 2020 to February 28, 2021
and allowed for annual renewals upon agreement of the Parties;
WHEREAS, the Agreement included specific provisions regarding the rights and
obligations of the Parties;
WHEREAS,the termination provisions in the Agreement did not address certain specific
conditions such as the death of the tenant named in the Agreement; and
WHEREAS, the Parties agree to renew and amend the Agreement to add in additional
specific termination language to address the immediate termination of the Agreement in the event
of the death of the tenant named in the Agreement.
NOW THEREFORE City and Landlord do hereby agree as follows:
I
RENEWAL OF AGREEMENT
The parties agree to renew the term of the Agreement for an additional term, in accordance
with tenant and landlord's lease agreement, beginning on March 1, 2021 to February 28, 2022
unless terminated earlier in accordance with the terms of the Agreement.
II
AMENDMENT TO AGREEMENT
The following terms are hereby amended to replace the referenced terms in the Agreement
and shall be binding and enforceable as if they were originally included therein.
The first three paragraphs of Section 3.2 Rent and Amounts Payable by City shall be
OFFICIAL RECORD
CSC No.56454 Renewal One and Amendment One CoFW
and BV Sierra Vista LLC, CITY SECRETARY
FT.WORTH, TX
amended and replaced as follows:
3.2 Rent and Amounts Pa a�yCity
The City has been notified that the Tenant's Total Rent during the first renewal term,
March 1, 2020 and expiring February 28,2021 ("First Renewal Term") is$925.00 per month
for the Unit.
The Tenant during the First Renewal Tenn shall be responsible for $135.00 of rent per
month for the Unit.
During Tenant's renewal term, and until either this Agreement expires or Landlord is
notified by City otherwise, the City shall pay $790.00 towards the Tenant's total rent for the
unit.
Neither City nor does HUD assume any obligation for the Tenant's Portion of the rent,
or for payment of any claim by Landlord against Tenant. The City's sole obligation is limited
to paying the City Portion of the Rent in accordance with this Agreement. Tenant shall be liable
for rent, payments, and other fees associated with the Unit and City shall not be obligated by
law or in equity for any amount other than the City Portion.
Section 4.2.1 of the Agreement shall be replaced in its entirety with the following:
4.2.1 Written Notice. The City may terminate this Agreement immediately in writing in the event
that Landlord breaches this Agreement. City may also terminate this Agreement at any time and
for any reason by providing landlord with 30 days' written notice of termination. In the event of
the death of the Tenant, this Agreement shall be terminated immediately as of the date of the
Tenant's death.
Section 4.3 of the Agreement shall be replaced in its entirety with the following:
4. 3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to
the Expiration Date, City shall pay Landlord the City Portion of the Total Rent for the months the
Tenant actually occupied the Unit and the Landlord complied with all of the terms and conditions
of this Agreement prior to the date of expiration or termination. City shall not be obligated for any
additional fees or expenses of any kind. If City has paid any portion of the City Portion for a month
that begins after the effective date of termination of this Agreement, Landlord shall refund the City
Portion for that month within thirty days of the effective date of termination by check made out to
the City of Fort Worth Neighborhood Services Department. By way of example, if the Agreement
is terminated on July 15th, and the City has already paid the City Portion of the Total Rent for the
month of August, then Landlord would be required to refund the City Portion of the August rent
to City in accordance with this section. In the event of any dispute arising out of this Agreement,
the only remedy Landlord may assert for any claim, no matter the kind or character, arising out of
Page 2 of 4
CSC No. 56454 Renewal One and Amendment One CoFW
and BV Sierra Vista LLC,
this Agreement is for the City Portion of the Tenant's Total Rent for the months that Tenant
occupied the unit and this Agreement was in effect.
III.
All terms and conditions of the Agreement not amended herein remain unaffected and in
full force and effect, are binding on the Parties and are hereby ratified by the Parties.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE FOLLOWS]
Page 3 of 4
CSC No.56454 Renewal One and Amendment One CoFW
and BV Sierra Vista LLC,
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective as of
the t 5► day of March 2021.
FOR CITY OF FORT WORTH: FOR LANDLORD:
I cl— Aj6Z& W;z
Fernando Costa(Oct 28,202116:56 CDT) Ashley Olguin(Oc 6,202117:13 CDT)
Name: Fernando Costa Name: Ashey Olguin
Title: Assistant City Manager Title: Assistant Property Manager
Date: Oct 28, 2021 Date: Oct 26, 2021
APPROVAL RECOMMENDED
Name: Victor Turner
Title: Director
APPROVED AS TO FORM AND ATTEST:
O°FOR T�OLEGALITY PAo
P. ° •apvo od��
�dd
o 0
0
Name: Taylor Paris Name: Ronald Gonzales 0� o o��d
Title: Assistant City Attorney Title: City Secretary °°°°°°°°°°° d
Date:
Oct 28,2021 ���nEXASoAp
Contract Compliance Manager: M&C No.: 21-0522
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.
Liz (Oct 26,2021 17:14 CDT)
Name: Liza Bethea
Title: Sr. Human Services Specialist
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
CSC No.56454 Renewal One and Amendment One CoFW
and BV Sierra Vista LLC,
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 08/03/21 M&C FILE NUMBER: M&C 21-0522
LOG NAME: 19NS 2021-2022 ACTION PLAN
SUBJECT
(ALL) Conduct Public Hearing and Approve the City's 2021-2022 Annual Action Plan for the Use of Federal Grant Funds in the Amount of
$13,070,952.00 to be Awarded by the United States Department of Housing and Urban Development from the Community Development Block
Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Programs,
Authorize Collection and Use of Program Income,Authorize Execution of Related Contracts,Authorize the Use of Fee Waivers as HOME Match,
Adopt Attached Appropriation Ordinance, and Authorize Waiver of Indirect Costs
(PUBLIC HEARING-a.Report of City Staff:Sharon Burkley;b.Public Presentations;c.Council Action:Close Public Hearing and Act on the
M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2021-2022 Annual Action Plan for use of federal grant funds to
be awarded by the United States Department of Housing and Urban Development in the amount of$13,070,952.00 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 2021-2022 Annual 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$75,000.00 of program income which is expected to result from activities using prior years'
Community Development Block Grant funds for the City's Priority Repair Program;
4. Authorize the collection and use of an estimated$75,000.00 of program income which is expected to result from activities using prior years'
HOME Investment Partnerships Program grant funds for the City's Homebuyer Assistance Program,and authorize the use of 10 percent of
the program income for administrative costs;
5. Authorize the City Manager or his designee to execute contracts for one year terms with the agencies listed in Tables 1,2,and 3 below for
Program Year 2021-2022 for Community Development Block Grant,Emergency Solutions Grant,and Housing Opportunities for Persons
with AIDS grant funds,contingent upon receipt of funding,and satisfactory completion of all federal regulatory requirements;
6. Authorize the City Manager or his designee to extend the contracts 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 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;
7. Adopt the attached Appropriation Ordinance increasing the estimated receipts and appropriations to the Grants Operating Federal Fund in
the total amount of$13,070,952.00 consisting of$7,477,274.00 in Community Development Block Grant funds,$2,907,320.00 in HOME
Investment Partnerships Program grant funds, $632,124.00 in Emergency Solutions Grant funds,and $1,904,234.00 in Housing
Opportunities for Persons with AIDS grant funds,plus estimated program income in the amount of$150,000.00,all subject to receipt of such
funds;and
8. Authorize a waiver of the Neighborhood Services Department indirect cost rate of18.73%,estimated total of$303,276.16.
DISCUSSION:
The City's 2021-2022 Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for the
program year beginning October 1,2021 and ending September 30,2022 for use of federal grant funds totaling$13,070,952.00 from the United
States Department of Housing and Urban Development(HUD)from the Community Development Block Grant(CDBG), HOME Investment
Partnerships Program(HOME),Emergency Solutions Grant(ESG),and Housing Opportunities for Persons with AIDS(HOPWA)grant programs.
It also summarizes the use of program income resulting from activities using prior years'CDBG and HOME funds,the primary purpose ofwhich is
to benefit low-and moderate-income persons in Fort Worth. ESG funds primarily benefit homeless persons,and HOPWA funds primarily benefit
low-and moderate-income persons with HIV/AIDS.
Staff developed initial recommendations for the allocation of the estimated funding from HUD based on prior years'funding levels. Two public
hearings were held on April 14,2021 and May 12,2021 to provide citizens the opportunity to participate in the development of the Annual Action
Plan. Recommendations for award amounts were considered and adopted by the Community Development Council on May 12,2021. These
funding recommendations were presented in City Council Work Session on June 22,2021.
A 30-day public comment period was held from July 1,2021 to July 30,2021. Notice of this public comment period was published in the Wise
County Messenger and Glen Rose Reporteron June 25,2021;in the Cleburne Times-Review,Hood County News,and Weatherford Democrat
on June 26,2021;in the Fort Worth Star-Telegram on June 27,2021;and in La Vida News on July 1,2021.
Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. The City held two
public hearings as part of the HUD required citizen participation process. The first public hearing was held by staff on July 14, 2021,and the
second public hearing is scheduled for the City Council meeting on August 3,2021.
A summary of staffs final funding recommendations is provided below and in Tables 1,2,and 3. A spreadsheet of funding recommendations is
also attached. The 2021-2022 Annual Action Plan will be submitted to HUD by August 15,2021.
Indirect costs totaling approximately$354,132.42 could be charged to these grants,as the Neighborhood Services Department indirect cost rate
is 18.73%in the City's most recent Cost Allocation Plan. A waiver of these costs is requested to allow allocation of these funds to further support
the programs and services to assist low-to-moderate income citizens.
COMMUNITY DEVELOPMENT BLOCK GRANT
For Program Year 2021-2022,it is recommended that the amount of$7,477,274.00 in CDBG funds and an estimated amount of$75,000.00 in
CDBG program incometotaling$7,522,274.00 be allocated asfollows:
• Public Services - $1,121,591.00: Includes social services for low- and moderate-income persons, persons with disabilities, and
disadvantaged persons
• Housing Programs-$2,848,219.00:Includes funding for the City's Priority Repair Program,Cowtown Brush-Up,homebuyer and housing
services,accessibility modifications for seniors and persons with disabilities,and related project delivery costs forthese programs
• Major Projects - $2,012,009.00: Includes funding for Southside Community Center improvements, Bunche Park improvements, and
Street/Sidewalk improvements
• Administration - $1,495,455.00: Includes costs for administering the CDBG grant, including allocations for the Financial Management
Services and Development Services Departments
• Estimated Program Income-$75,000.00:Includes up to$75,000.00 in funding for the City's Priority Repair Program. Any CDBG program
income over the estimated amount not used for the Priority Repair Program will be allocated to priority activities in the City's Consolidated
Plan,subject to City Council approval.
HOME INVESTMENT PARTNERSHIPS PROGRAM
For Program Year 2021-2022,it is recommended that the amount of$2,907,320.00 in HOME funds and an estimated amount of$75,000.00 in
HOME program income totaling$2,982,320.00 be allocated asfollows:
• Homebuyer Assistance Program-$500,000.00:Includes funding for down payment and closing cost assistance for low-and moderate-
income homebuyer
• Community Housing Development Organizations-$1,116,588.00:HUD requiresthata minimum of 15 percent of HOME funds be allocated
to Community Housing Development Organizations(CHDOs)for affordable housing projects. These funds will be used by Housing Channel
for a multifamily rental demolition/reconstruction project in the Polytechnic neighborhood. The City is also authorized by HUD to fund CHDO
operating costs to support community-based affordable housing development. These funds for operating costs will be used by Housing
Channel to support completion of the multifamily rental demolition/reconstruction project. All housing developed with these funds will be sold
to homebuyers making at or below 80 percent of area median income(AMI),set by HUD.
• Major Projects-$1,000,000.00: Includes funds allocated to the multifamily project to be developed by Fort Worth Housing Solutions(FWHS)
as a part of its Choice Neighborhood Initiative(CNI)grant.
• Administration-$290,732.00: Includes costs for administering the HOME grant
• Estimated Program Income-$75,000.00:Includes funding for the Homebuyer Assistance Program and HOME grant administrative costs.
HUD allows the City to use 10 percent of any HOME program income towards the cost of administering the HOME grant. HOME program
income over the estimated amount not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's
Consolidated Plan,subject to City Council approval.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For Program Year 2021-2022,it is recommended that the amount of$1,904,234.00 in HOPWA funds be allocated asfollows:
• Public Service Agencies-$1,148,627.00
• Neighborhood Services Department/Community Action Partners-$698,480.00
• Administration-$57,127.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2021-2022,it is recommended that the amount of$632,124.00 in ESG funds be allocated as follows:
• Public Service Agencies-$584,715.00
• Administration-$47,409.00
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that contracts be executed with the listed
agencies for the amounts shown in the following tables.
Community Development Block Grant Contracts
TABLE 1: CDBG AGENCIES
AGENCY PROGRAM I AMOUNT
AB Christian Learning Center After School Tutoring $85,000.00
AB Christian Learning Center Summer Reading Program $65,303.00
Artes de la Rosa Artes Academy $60,000.00
Big Brothers Big Sisters Lone Star Mentor 2.0 @ Young Men's Leadership $50,000.00
Academy
Big Brothers Big Sisters Lone Star Mentor 2.0 @ Young Women's Leadership $50,000.00
Academy
Boys&Girls Clubs of Greater Tarrant County,Inc. After School Program $60,000.00
United Community Centers, Inc. Educational Enrichment $100,000.00
Family Pathfinders of Tarrant County Financial Capability Program $50,000.00
The Ladder Alliance Computer Skills Training $70,000.00
Housing Channel Homebuyer Education and Housing $125,000.00
Counseling Services
Meals-On-Wheels, Inc.of Tarrant County Home-Delivered Meals $116,288.00
Guardianship Services, Inc. Financial Exploitation Prevention Center $70,000.00
The Presbyterian Night Shelter of Tarrant County, Case Management for Homeless $145,000.00
Inc.
The Salvation Army Red Shield Emergency Shelter $75,000.00
CDBG Public Service Agencies Total $1,121,591.00
Rehabilitation, Education and Advocacy for Accessibility Improvements for Low $115,000.00
Citizens with Handicaps DBA REACH, Inc. Income Residents
Fort Worth Area Habitat for Humanity, Inc. DBA Cowtown Brush Up Paint Program $455,000.00
Trinity Habitat for Humanity
Fort Worth Area Habitat for Humanity, Inc.DBA Preserve-A-Home Program (Como $400,000.00
Trinity Habitat for Humanity Neighborhood Improvement Strategy)
CDBG Subrecipient Agencies Total $970,000.00
TOTAL CDBG CONTRACTS $2,091,591.00
Housing Opportunities for Persons With AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY PROGRAM AMOUNT
T a r r a n t C o u n t y Supportive Services;Facility-Based Housing Operations;Tenant- $845,765.00
Samaritan Housing,Inc. Based Rental Assistance; Administration
AIDS Outreach Center, Short-Term Rent, Mortgage, and Utility Assistance; Supportive $302,862.00
Inc.` Services;Administration
TOTAL HOPWA CONTRACTS $1,148,627.0011
"The City has identified a potential conflict of interest under the HOPWA Regulations related to this award and is in the process of seeking a
waiver of the conflict of interest from HUD.A contract will not be executed with AIDS Outreach Center, Inc. unless and until the City receives
approval from HUD. In the event the City does not receive approval,an amended Action Plan will be submitted, as necessary,to address the
reallocation of the funds.
Emergency Solutions Grant Contracts
TABLE 3: ESG AGENCIES
AGENCY 11PROGRAM AMOUNT
The Presbyterian Night Shelter of Tarrant County, Inc. Shelter Operations/Services $130,315.00
Lighthouse for the Homeless DBA True Worth Place Shelter Operations/Services $177,000.00
The Salvation Army Homelessness Prevention $106,440.00
Center for Transforming Lives Rapid Re-Housing $100,000.00
SafeHaven of Tarrant County jShelter Operations/Services $70,960.00
TOTAL ESG CONTRACTS $584,715.00
All figures have been rounded to the nearest dollar for presentation purposes. These programs are available in ALL COUNCIL DISTRICTS.
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 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: Sharon Burkley 5785
Sean Stanton 5811