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HomeMy WebLinkAboutContract 57105 CSC No. 57105 RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PROSPEROUS BEND_INVESTMENTS I, L1LC dba AVANTI ON PIPELINE 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 j Manager, and PROSPEROUS BEND INVESTMENTS I, LLC ("Landlord"), a Texas Limited Liability Company, d/b/a AVANTI ON PIPELINE, acting by and through Madison Doerr, its duly authorized representative, each individually referred to as a"party" and collectively referred to as the "parties." WHEREAS the City provides rental assistance in the form of monetary payment for a defined portion of rent due paid directly to the landlord or management company of the property so long as the landlord or property management agree to certain terms; and WHEREAS Kabongo Kabuta ("Tenant") is a participant in the City's rental assistance program; and WHEREAS the City requires that landlords must enter into this Agreement in order to receive the City's payment of the defined portion of Tenant's rent; and WHEREAS,Agreement Documents shall consist of this Landlord Services Agreement and Exhibit A—Copy of Tenant Lease, attached hereto and incorporated herein. In the event of any conflict between the terms and conditions of Exhibit A and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. It is understood that City is not bound by any portion of Exhibit A and is only bound by the duties and obligation set forth in this Landlord Services Agreement; and NOW THEREFORE the Parties in exchange for the benefit received from the other Party's performance,agree to the following terms and conditions: 1. PROPERTY INFORMATION Tenant has entered into an agreement with Landlord to rent a 2 bedroom home("Lease").The unit is located at 3015 W. Pipeline Rd,Euless TX 76040("Unit"), as more fully described in Exhibit A. 2. TERM. This Agreement shall begin on October I$,2021 and expire on October 17,2022 unless terminated earlier in accordance with this Agreement("Initial Term"). The Parties shall have the option to renew this Agreement by written agreement for additional one-year terms following City review and approval of request by both Tenant and Landlord under the same terms and conditions,provided however that the rental rate and any amounts payable by City shall be provided to the City in writing for the new term at least 30 days prior to the effective date of the renewal term. 3. COMPENSATION. 3.1 Security Deposit OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Rental Assistance Landlord Agreement Page I of 12 The Tenant shall pay a security deposit for the Unit to the Landlord in accordance with the Tenant's lease, attached hereto as Exhibit A. The Landlord will hold this security deposit during the period the Tenant occupies the dwelling unit under the Lease.The Landlord shall comply with state and local laws regarding interest payments on security deposits. After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and local law, use the security deposit, including any interest on the deposit, as reimbursement for rent or any other amounts payable by the Tenant under the Lease.The Landlord will give the Tenant a written list of all items charged against the security deposit and the amount of each item. After deducting the amount used as reimbursement to the Landlord, the Landlord shall promptly refund the full amount of the balance to the Tenant. The Landlord shall immediately notify the City when the Tenant has moved fr0111 the Unit. 3.2 Rent and Amounts Payable by City The City has been notified that the Tenant's Total Rent during the Initial Term is $1090.00 per month for the Unit. The Tenant, during the laitial'Merin, shall be responsible for$0.00 of rent per month for the Unit. During the Initial Term, and until either this Agreement expires or Landlord is notified by City otherwise, City shall pay $1090,00 toward the Tenant's Total Rent for the Unit ("City Portion"). Neither City nor HUD assumes 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. Payment Conditions. The right of the Landlord to receive payments under this Agreement shall be subject to compliance with all of the provisions of the Agreement. The Landlord shall be paid under this Agreement on or about the first day of the month for which the payment is due. The Landlord's signature on this agreement shall be a certification that: 1. The Unit is in decent, safe and sanitary condition, and that the Landlord is providing the services, maintenance and utilities agreed to in the Lease. 2. The Unit is leased to and occupied by the Tenant named above in this Agreement. 3. The Landlord has not received and will not receive any payments as rent for the Unit other than those identified in this Agreement. 4. To the best of the Landlord's knowledge, the unit is used solely as the Tenant's principal place of residence. Overpayments. If the City determines that the Landlord is not entitled to any payments received, in addition to other remedies the City may deduct the amount of the overpayment from any amounts due the Landlord, including the amounts due under any other Rental Assistance Agreement. 4. TERMINATION. 4.1. Termination of Tenancy; The Landlord may terminate its lease with the Tenant only as authorized by and through and following applicable state and local laws.The Landlord must give the Tenant at least 30 days'written notice of the termination and notify the City in writing within two business days of Rental Assistance Landlord Agreement Page 2 of 12 notifying the Tenant. This may be done by providing City with a copy of the required notice to the tenant. This Agreement shall automatically terminate on the date the tenant's lease terminates. 4.2 Termination of Landlord Services Agreement 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. 4.2.2 Non-appropriation of Funds. In the event no funds or insufficient finds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Landlord of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 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 is after the effective date of termination of this Agreement,Landlord shall refund that portion within thirty days of the effective date of termination by check made out to the City of Fort Worth Neighborhood Services Department 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 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. 5. HOUSING QUALITY STANDARDS AND LANDLORD-PROVIDED SERVICES 5.1 The Landlord agrees to maintain and operate the Unit and related facilities to provide decent, safe and sanitary housing in accordance with 24 CFR Section 882.109, including all of the services, maintenance and utilities agreed to in the Lease. 5.2 The City shall have the right to inspect the Unit and related facilities at least annually, and at such other times as may be necessary to assure that the Unit is in decent, safe, and sanitary condition, and is in compliance with applicable local codes, and that required maintenance, services and utilities are provided. 5.3 1f the City determines that the Landlord is not meeting these obligations, the City shall have the right, even if the Tenant continues in occupancy, to terminate payment of the City's Portion of the Total Rent and/or terminate the Agreement without any cost or expense of any kind whatsoever to City. 6. FAIR HOUSING RE,QUMEMLNT 6.1 Nondiscrimination. The Landlord shall not, in the provision of services or in any other manner, discriminate against any person on the grounds of age, race, color, creed, religion, sex,handicap, national origin, or familial status. The obligation of the Landlord to comply with Fair Housing and Civil Rights Requirements inures to the benefit of the United States of America,the Department of Housing and Urban Development, and the City, any of which shall be entitled to involve any of the remedies available by law to redress any breach or to compel compliance by the Landlord. Rental Assistance Landlord Agreement Page 3 of 12 6.2 Cooperation in Compliance Reviews. The Landlord shall comply with the City and with HUD in conducting Fair Housing and Civil Rights and other applicable compliance reviews and complaint investigations pursuant to all applicable Fair Housing Law, civil rights statutes, Executive Orders and all related rules and regulations, 6.3 Landlord, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Landlord's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law, including City ordinances. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY LANDLORD, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST,LANDLORD AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 7. RIGHTS OF CITY IF LANDLORD BREACHES THE AGREEMENT 7.1 Any of the following shall constitute a breach of the Agreement: (1) If the Landlord has violated any obligation under this Agreement; or (2) If the Landlord has demonstrated any intention to violate any obligation under this Agreement; or (3) If the Landlord has committed any fraud or made any false statement in connection with the Agreement, or has committed fraud or made any false statement in connection with any Federal housing assistance program. 7.2 The City shall notify the Landlord in writing of its determination that a breach has occurred, including a brief statement of the reasons for the determination.The notice to the landlord may,at the City's sole discretion,allow the Landlord a defined time period in which the Landlord may take corrective action to remedy the breach. 7.3 The City's right and remedies for breach of this Agreement shall not be limited by any provision of this Agreement and City shall be able to seek all remedies available under any applicable laws. 8. NO THIRD PARTY BENEFICIARIES 8.1 The City does not assume any responsibility for, or liability to, any person injured as a result of the Landlord's action or failure to act in connection with the implementation of this Agreement,or as a result of any other action or failure to act by the Landlord. 8.2 The Landlord is not the agent of the City and this Agreement does not create or affect any relationship between the City and any lender to the Landlord, or any suppliers, employees, contractors or subcontractors used by the Landlord in connection with this Agreement. 8.3 Nothing in this Agreement shall be construed as creating any right of the Tenant or a third party (other than ITUD) to enforce any provision of this Agreement or to assess any claim against HUD, the City or the Landlord under this Agreement. 9. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 9.1 Disclosure of Conflicts. Landlord hereby warrants to City that Landlord has made full disclosure in writing of any existing or potential conflicts of interest related to Landlord's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Landlord hereby agrees immediately to make full disclosure to City in writing. Rental Assistance Landlord Agreement Page 4 of 12 r 9.2 Confidential Information.Landlord,for itself and its officers,agents and employees,agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 9.3 Unauthorized Access. Landlord shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Landlord shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Landlord shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 10. RIGHT TO AUDIT. Landlord agrees that City or HUD shall, until the expiration of five (5) years after final payment under this Agreement, including any renewal terms,or the final conclusion of any audit commenced during the said three years,have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Landlord involving transactions relating to this Agreement as HUD or the City may reasonably require at no additional cost to City or HUD. Landlord agrees that City or HUD shall have access during normal working hours to all necessary Landlord facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City or HUD shall give Landlord reasonable advance notice of intended audits. This section shall survive the expiration or termination of this Agreement. 11. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Landlord shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Landlord shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractor. Landlord acknowledges that the doctrine of respondent superior shall not apply as between City, its officers, agents, servants and employees, and Landlord, its officers, agents, employees, servants, Landlords and subcontractors. Landlord further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Landlord.It is further understood that C ity shall in no way be considered a Co-employer or a Joint employer of Landlord or any officers, agents, servants, employees or subcontractor of Landlord. Neither Landlord, nor any officers, agents, servants, employees or subcontractor of Landlord shall be entitled to any employment benefits from City. Landlord shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers,agents,servants, employees or subcontractor. 12. LIABILITY AND INDEMNIFICATION. 12.1 LLABILITY-LANDLORD SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), Rental Assistance Landlord Agreement Page 5 of 12 MALFEASANCE OR INTENTIONAL MISCONDUCT OF LANDLORD, ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES. 12.2 GENERAL INDEMNIFICATION - LANDLORD HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY RIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LANDLORD'S BUSINESS AND ANYRESULTING LOST PROFITS)ANDIOR PERSONAL INJURY,INCLUDING DEATH, TO ANYAND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENTACTS OR OMISSIONS OR MALFEASANCE OF LANDLORD,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES LANDLORD ACKNOWLEDGES AND AGREES THAT CITY SHALL HAVE NO LIABILITY OR RESPONSIBLITY FOR ANY DAMAGES OF ANY KIND OR CHARACTER TO THE UNIT RENTED TO THE TENANT OR ANY OTHER PROPERTY OWNED BY LANDLORD. Section 12 shall survive the expiration or termination of this Agreement. 13. ASSIGNMENT AND SUBCONTRACTING. 13.1 Assignment. Landlord shall not assign or subcontract any of its duties,obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment,the assignee shall execute a written agreement with City and Landlord under which the assignee agrees to be bound by the duties and obligations of Landlord under this Agreement. Landlord and Assignee shall be jointly liable for all obligations of Landlord under this Agreement prior to the effective date of the assignment. 13.2 Subcontract. If City grants consent to a subcontract, sub Landlord shall execute a written agreement with Landlord referencing this Agreement under which sub Landlord shall agree to be bound by the duties and obligations of Landlord under this Agreement as such duties and obligations may apply. Landlord shall provide City with a fully executed copy of any such subcontract. 14. COMPLIANCE WIT11 LAWS, ORDINANCES,RULES AND REGULATIONS. Landlord agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work performed at the Unit in connection with this Agreement will also comply with all applicable federal, state and local laws,ordinances, rules and regulations. If City notifies Landlord of any violation of such laws, ordinances, rules or regulations, Landlord shall immediately desist from and correct the violation. 115. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determ ined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives,(2)delivered by facsimile with electronic confirmation of the transmission,or(3) received by the other party by United States Mail,registered,return receipt requested, addressed as follows: Itental Assistance Landlord Agreement Page 6 of 12 To CITY: To LANDLORD: City of Fort Worth Madison Doerr Attn: Fernando Costa,Assistant City Manager Assistant Community Manager 200 Texas Street Avant! On Central Fort Worth, TX 76102-6314 Avanti On Pipeline Facsimile:(817)392-8654 805 Central Drive With copy to Fork Worth Neighborhood Services Bedford, TX 76022 Department, Attention: Compliance Division at same address 16. GOVERNMENTAL POWERS, It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 17. NO WAIVER. The failure of City or Landlord to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Landlord's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 18. GOVERNING LAW/VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas.If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 19. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 20. FORCE MAJEURE. City and Landlord shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 21. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. Jtental Assistance Landlord Agreement Page 7 of 12 22. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibit A,. 23. AMENDMENTS/MODIFICATIONS/EXTENSIONS. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. 24. ENTIRETY OF AGREEMENT. This Agreement, including Exhibit A, contains the entire understanding and agreement between City and Landlord,their assigns and successors in interest,as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 25. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement 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 an original. 26. SIGNATURE AUTHORITY AND WARRANTY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party,and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. By signing this Agreement,Landlord warrants that the Unit is in decent,safe,and sanitary condition as defined in 24 CFR Section 882.109,and that the Landlord has the legal right to lease the Unit during the term. 27. CHANGE IN COMPANY NAME OR OWNERSHIP Landlord shall notify City's Neighborhood Services Department, Compliance Division and City of Fort Worth Financial Management Services Department, Purchasing Division, , in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Landlord or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9,documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 28. CONFIDENTIAL INFORMATION Rental Assistance Landlord Agreement Page 8 of 12 Landlord acknowledges that CITY is a governmental entity and is subject to the Texas Public Information Act("Act"). By executing this agreement, Landlord acknowledges that this agreement will be publicly available on the CITY's website, and Landlord is therefore waiving any claim of confidentiality, whether based in statute or the common law, to any and all materials contained as part of this agreement including all documents and information referenced herein or attached hereto. (signature page follows) Rental Assistance Landlord Agreement Page 9 of 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples to be effective as of the 18"'day of October 2021. ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing 1 acknowledge that 1 am the person responsible for the monitoring and administration of By: this contract,including ensuring all performance and Name: Fernando Costa reporting requirements, Title: Assistant City Manager D71 Feb 9,2022 att✓: By 1-059'etho Feb 7,202216:28 CST) Name: Liza Bethea APPROVAL RECOMMENDED: Title: Sr. Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY: By: Uum` Name: Victor Turner c� Title: Director, By, Neighborhood Services Department Name: Taylor Paris ATTEST: Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 21-0522 7G',l'iyG�',T C,�7�CG ,dovn�n By: Jannette S.Goodall(Fe' 10,202213:03 CST) �d F0Rr��aa J : °`00000*1-0�-4ol Name: Jannette Goodall o o ',Title: City Secretary Pao0��o00 *Al nEXASq�p LANDLORD: ATTEST: By: jeffiifer Doerrhfp6 7,2022 13:44 CST) Name: Madison Doerr By: Title: Authorized Representative Name: Date: Feb 7,2022 Title: OFFICIAL RECORD Rental Assistance Landlord Agreement CITY SECRETARY FT. WORTH, TX EXHIBIT A Copy of Tenant's Lease Landlord Services Agreement—Exhibit A Page l l of 12 Landlord Services Agreement—Exhibit C Pagc 12 of 12 ;lty of Vort Worth,Texas gayor and Council Communication ]W'E; OBID3121 M8,0 FILE NUMBER: M&C 21-0622 LOG NAME: JoNs 2o21-2022 ACTION PLAN SUBJECT tAI.L)Conduot P6110 Hearing and Approve the Clty's 2021-2022 Annual Ae110n Plan for tho Use of Federal Grant Punds In the Amount of 13,07o,882A0 to ba Awarded by the United stakes t]apartmenl of Housing and Urban Development from the community Development Block Grant,HOME Investment Partnarshlpe Program,l✓rnerganoy BoWtlons grant,and Housing opporlunitles for Persons with AIDS Prograrne, Authorize colleotlon and Use of Program Income,Authorize Execution of Related Contraols,Authorize the Uea-of Pee Waivers as HOME Match, Adapt Attaohad Approptlatlon Ordinance,and Authorize Waiver of Indirect Costs (PUBLIC HEARING -n,Report of City staff;Sharon Burklay;b,Public Presentellons;o,Council A❑lion, Cloea Public Hearing and Act on the M&C) RE.cOMrnF.HDATioN it la recommended that City Counall; 1, Conduct a publlo hearlrg to allow citizen Input and consideration of the Clty'e 202-1.2022 Annual Aukton Flan for use of federal grant funds to be uWarded by the Unlled Skates Dbpartmontof Housing and Urban Development 1n the amount of$13;070,962,00 from the Community Usvalopmentl3loek Grant,HOME investment Pertnerahlpa Program,Emergenoy sokullons Grant,and Houaing Opportunitlas for Persona with AIDS grant programs,and for the use of program Income from activities using prloryears'fedarsl grant funds; 2, Approve the Clty's 2021-2022 Annual Action Plan for submission to the United Statas papariment of l-lom&g and Urban Development, lnnluding allacatlons of grant funds to particular programs and sottvlttes as detelled below; 3. Authorize the pulleotlan and use of an astlrnaked$76,000,00 of program Income which Is expected to roouit from acllvitles using prior years' Community Developrriaht 13100k Grant funds for the Clty's Priority Repalr Wagram; 4, Authorize the colleotlon and use of an estimated$16,000,00 of program Income which is expected to result from aogvltlss using prior years' HOME inveslmentpartnerahlpa Program grant funds for the Clty's Homebuyer Aeslatenoa Program,and authorize the use of 10 percent of the program Income for admInletrative,caste; 0, Authorize the City Manager or his destgnae to execute contracts for one year t.wme with the agencl as listed In Tables 1,2,end 3 below for program Year 2021.2022 for Community Davelopmentl3lock Grant,Emergenoy Solullone Grant,end Houaing Opporlunlltee fur Persona with AMS grant funds,contingent upon roostpk or funding,and ealWaatory cumpletCan of all 165dwal regulatory requlremonte; U. Authorize iha Cily Manager or his designee to extend the oonlrao;B for up to one year 11 an aganoy or department requests an extension and suoh exWrslcn 1a necessary for completion of the program,or to amend the contracts If necessary to achieve program goals provided any amendment 16 within the swop❑of the program end In compllanco with Clty pollolos and all applicable laws and regulations governing the use of federal grant funds; 7, Adopt the aliaohed Approprlailon Drdhenee InoraaBing the estimated receipts and appropriations to the Grants Cperating Federal Fund In the total amount of$13,070,062.00❑❑nelsting of$7,477,274.00 In Community development Block Grantfunda, In HOME I,vestment rain oraNps Program grantfunds,$e32,124,00 In Emergency Solutions Grunt funds,and$1,904,234.00In Housing Opporlunitles for Persons with AIDS grant Nods,plus estimated program ivoome In the amount of$150,000.00,oil subject to receipt of such funds;and B. Authorize a waiver of Iha i4olghborh❑od Services Department Indlreoi oust rate of 18-73%,esflmatad total of$303,278,1 ti, S 10 Z=1 `The C11y`s 2021-2022 Annual A❑llon Plan surnmarizos the major housing and community development activities and proposed expenditures for the program year beg{nning octobar 1,2021 end ending September 30,2022 for use of federal grant lulids totaling$13,070,862,0o From the Unitod Skates t0eparimant of Mousing and Urban Development(HUD)from the community t)svelo rnent Sloop Grant(CDBCa), HOME Investment Parinerehlps program(HOME),Emergenoy Solutions Grant(Esc),and Houeing Opporiunitlae for Persons with AIDS(HOpWA)grant programs. It also summar17oa the use of program Income resulting from activlllse using prior years'CD13G and HOME[unds,the primary purpose of which 1s to benefit low-and moderate-Income persona In Fart W❑dh. RSG funds prlmarlly benefit horneless parsons,and HOPWA funds primarily benefit tow-and moderate-lnaorne,pereane with HIVIAIDs. Staff developad 1 iNI reacmmendatl❑ns for the allooellon of the estimated funding from HUD based on prior years'fundtng levels, 'two publlo howinge were held on April 14,2021 and May 12,2021 to provide oliizene the apperlunity to partidpato In the development of the Annual Action Plan, Kmommondatlone for award amounts were considered and adopled by the Communlly 09veloprnent aounall on May 12,2021, These funding recommendatlons were presented In city Council Work Soeslon on June 22,2021, A 30.dny public comment pBrtod was hold from July 1,2o2i to July 30,2021, Notice or this pub1l❑comment period was published In the Wrse County Messenger and Glen Rocs Reporter on June 26,2o2.1;In the c)ab=e Times-Ravlow, Hood County News, and Weatherford Demoorat ❑rr,June 2e.2021;In the Fort Worth Star 7etsgrar»011 June 27,2021;end In La Vfda News on July 1,2021, federat otty hold wo rornmanta reaelved are malntalned by the Nelghborh cod Bervioea Uepartmenl In acoordanca W� held by stafflon July 1d�2 ,and the Etc hearings ae part of the Hot)requtr d cift ut�till fipalpation tng oflP goat 3 20211'ret public hearing and public hearing la scheduled for the city e dattons is provided beloW and In`ablest 1g'2D2 and b, A apreadshret❑f funding rearmmgr�datlona e ummary rl etah's float funding reaomm n BUD by o ahsohed, The 2029-2o22.Annual Aotlott Plan wlll lea submltta 10 these gAa g6ga9 the NelghboThoo of Services 098e funds lofur60k CCost ratsupport ilreot ooala totaling approXlrnately$354,t�2,42 could be charged walqer Of J 3,7 3°la In the 041y's mast recent Cost Allflaatlon ellri ome citizens these Goats is requoaked to allow allocation c programs and seNlree to aealat low�to moderal ;OAMUNITY DvaoPMEN•T t3l,oQK GRAN oao,4a In a mandsd that the amount of$7,477,274,00 In Cf]T3O f ands and an estimated amount of$76, 'of progfemYear20 e trick, Ills 622,274.00 be ailoaatod as Poll❑wst ereonB Wlth dlasbliltlee,and �pSo program totaling$7, arsons, p • Public Servlaea-$l,�Z�,513�•40; Includes eariel servlaes for law-and moderate-Income p er and housing 's Priority Repair Program,Cowtown Brush-Up,h❑mebuy dlsadvantsggd persons Conte for these pr❑crams srarn9 with dl9abllltiea,anda� lar Amp�avemlanis, 13unphe Park lmprrvemenka,and . biaustng Programs'$2'odjtloat cns far samara and P far he C Y aervlras,%Ccasalb0ty m Management • M9Jor prrysrts-$2,4'I2,afls.0o: includes funding far Boulhslde Common ty 5lrasUBldewalkimprovementa the Go grant,Including allooallona for the Finsaclel • Adminlekratlrn-$1,496 455,00;includes orate for admtnistering cQBG program 5ervloes and 17avelrpment Services Dopartm$nta Y p Any a income� rvices D,4Ql lrtoludos up to$76,000,40 In funding for the Gtty'e priority lZe air program, Eattma tad program t e prlorRy Repair program NM be r311aoatsd to ptlarlky aativltles in the Clly'a Cbnsolldated Income Plan,subieottooMY Ccunoli pprovatotuaed for HOIvIL 1NVES"fMeh'C pARYyygRsK 1' �,907,32A0 In HCM1~funds and an estimated amrUnt of$71i,g00,o0 n Bt l�o amount of For Program Year 2021-2022, totallrt It Is Q comet 00 be atlloat led as folio"-' HOME,Program Inorm a meat and olasing cost asslatends for low-and moderate Hamebuyer Aselstanra Program-$60%000,Do; Includes funding far down p y arcont of HOME funds be allocated Income hamebuyeT arts, 'These funds will Iie used by Nouaing Channel Housing Development Organlzat,dpsns Cb1QC)f°4aN affordable houaingap;af ln4mum a p HCusinB + Community a❑sls will be used by ommunll blousing nevglopmenk nial.w x ( se funds for operaking l}I be sold G Y o ion rc�eal to the Polykeohnla nelghborh❑e d, Tha City la also authrrlxed by HUD to find C � to deveto ment, Th for a multifamily rgntat demolltlonlraoanakru P housing developed with Ihsse funds OR erating oosk9 to support community-based affordable ttouaing p sal by F1UQ 5aiullans(FWHC) net lG support aomplettarr of kh$multlfamlioyf enta madlentllnCome(AMI),Butjan Yr `I at devlelopad by Fari Wohh blousing Chan ro col to b to hrmsbuyers malatng at or below BO peroen , Major Projeols•$1,OOt],a0 boshaoidlnttietive(Cea funds 1NI)grantp tha mUlLlFamlly p E ranladminlsttallve Costs, as a pari of its Chalaa 3J lg . Admin}stratlan-$29n,'�32,00;includes a❑ate far adminlstering the HCMP Oran the OME.grant. HOME~program inoc nd towards the oral of ltl be latorca ad to prlority aotivtiiea In-the Ckty's o ram It73q"e-$76,00o,00,includes funding for the Homabuyer AealatanCf 1 mi ist and C g . �stlmated Pr e HOME Program BUD atlows tho City to use �n peUM n of any frtoome over the esllrnated amouCaunoll appr�`e Homebuy$r Aastatanae Program w .Ooneclldaked plan)aubjert to My vjoaNG DPPOR'TUNITiEG p01R PER5r3bl a Wl`fH,4tf3S 422 it s ount❑t$'i,g04,234,00 in HOPVVA funds be allocate i d as failnwa; recommanded that the am ForPragrarnYesr202� 2 ' , PUblly 5eNlae Agannlea�$•{,948,82 .0 ��a,4an,Da Ne%hbunccad SQVIoss pepertmcniJCommuniky Aatlon Partners-$ , Adminlatrettan-$67,'127,v0 5MVRG8t4CY sol-LITIPNS O'R,4f3 f 2 For Program Year 02j�2022,It la recommended that the amount at$ea2,12.p.a0 In 1�sC funds be aliaoaled ae Foltowa; Publlo 5arvlae Agsnalaa-$6e417'6,OQ Adminlstrallort�$47,409,00 OONT AV RRO MMENoATIQNs d Nei hbothrrd 6ervloae Department staff reeommBnd that Contracts be axeruked withthe lla ec `the Camtnuntty Development Counotil an tabiea, egenalaa far lha amounts shown In the followtng ,,n�tv Devaiopmsnt Stock Grant COI'tracts ' 1 lgures have boon rounded to the naareet dollar for presentallon pufpesaal Those programs are'avallabie In ALL COUNCIL,DISTRICTS, MAU I CA iunda The Nreotor of Flnanae creates that upon approval Of the above inot the granletbpe ating FeIons and dle4al tj fund The taal�lh the atteahad b thaodtServlaeaon aDeparlment wM ba av;i able In the current operaling budget,as appraprt (and alal Mamba hondtServlces balpsrtmanphuelthe responAllltylto v lldsto the avallablllty of fu dal Th g Is.PrIor to an being be grant Innurredred,L the�felgh subrnlited forC t a e 1 FornandD Costa 0122 Or tt a a e dl Vlakor tl�mer 8187 _ AddIt a or Ca t' Sharon Surktay 6785 seen Stanton 6811