HomeMy WebLinkAboutContract 53226-R1A1 CSC No.53226-Rl Al
RENEWAL ONE AND AMENDMENT ONE TO CITY OF FORT WORTH CONTRACT
NO. CSC # 53226
BETWEEN THE CITY OF FORT WORTH AND LACKLAND TAJ, LP
This Contract Renewal and Amendment(the "Amendment")is made and entered into by and
between the City of Fort Worth, a home-rule municipality (hereinafter referred to as the "City,")
acting by and through Fernando Costa, its duly authorized Assistant City Manager, and,
LACKLAND TAJ, LP ("Landlord") acting by and through Jackie Sevilla, it's authorized representative,
each individually referred to as a "party" and collectively referred to as the "parties."
RECITALS
WHEREAS, on December 13, 2019,the City entered into an agreement with the Landlord
for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 53226 (the
"Agreement");
WHEREAS, the Agreement's initial term was from November 1, 2019 to September 30,
2020 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:
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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 August 1st 2020 to July 3 lst 2021, 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.
OFFICIAL RECORD
CSC No. 53226 Renewal One and Amendment CITY SECRETARY
One CoFW and Lackland Taj,LP FT.WORTH,TX
The first three paragraphs of Section 3.2 Rent and Amounts Payable by City shall be
amended and replaced as follows:
3.2 Rent and Amounts Payable by City
The City has been notified that the Tenant's Total Rent during the Initial Term is
$840.00 per month for the Unit. The City has been notified that the Tenant's Total
Rent during the first renewal term, September 1st 2020 and expiring August 31, 2021 ("First
Renewal Term")is $840.00 per month for the Unit.
The Tenant during the Initial Term, shall be responsible for $402.00 of rent per month
for the Unit. The Tenant during the First Renewal Term shall be responsible for$402.00 of rent
per month for the Unit.
During the Initial Term City shall pay $438.00 towards the Tenant's Total Rent for the
Unit("City Portion"). During Tenant's renewal term, and until either this Agreement expires or
Landlord is notified by City otherwise, the City Portion shall be $438.00.
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
CSC No. 53226 Renewal One and Amendment Page 2 of 4
One CoFW and Lackland Taj,LP
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.
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[SIGNATURE PAGE FOLLOWS]
CSC No. 53226 Renewal One and Amendment Page 3 of 4
One CoFW and Lackland Taj,LP
IN WITNESS WHEREOF,the parties hereto have executed this agreement,to be effective this 30tn
day of August 2021.
FOR CITY OF FORT WORTH: FOR LANDLORD:
TaGIYYI D Sevilla
Fernando Costa(Sep 2,202115.56 CDT) Jaclyn D Sevilla(Sep 2,202115:15 CDT)
Name: Fernando Costa Name: Jackie Sevilla
Title: Assistant City Manager Title: Landlord
Date: Sep 2,2021 Date: Sep 2,2021
APPROVAL RECOMMENDED
Name: Victor Turner
Title: Director
as �0F1 A6�q��
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APPROVED AS TO FORM AND ATTEST: a �o°°
LEGALITY Ono
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Taylor P is(Sep 2,202115:26 CDT) ��// YA p O F�1
Name: Taylor Paris Name: Ronald Gonzales d� °°0000000000
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Title: Assistant City Attorney Title: City Secretary c
as�EXASop`
Date: Sep 3,2021
Contract Compliance Manager: M&C No.: 19-0016
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.
Liza e hj(Sep 2,202115:16 CDT)
Name: Liza Bethea
Title: Sr. Human Services Specialist
OFFICIAL RECORD
CSC No. 53226 Renewal One and Amendment CITY SECRETARY
One CoFW and Lackland Taj,LP FT.WORTH,TX
4,7
RECEIVED , CSC# 53226
DEC 13 2019 °�
Y`
� CITY OF FORT\NIORTH
CITY SECRET^ RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT
WORTH AND LACKLAND TAJ,LP
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 LACKLAND
TAJ,LP("Landlord")and acting by and through Jacklyn Sevilla, its duly authorized Property Manager,
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 I
landlord or property management agree to certain terms; and I
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WHEREAS Elizabeth Holland("Tenant") is a participant in the City's rental assistance program;
and
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WHEREAS the City requires that landlords must enter into this Agreement in order to receive the j
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 5225 Birchman Ave. Fort Worth,TX 76107("Unit"), as more fully described in Exhibit A.
2. TERM.
This Agreement shall begin on November 1,2019 and shall expire on September 30,2020,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 pne=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
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
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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 from the Unit.
3.2 Rent and Amounts Pa able by
The City has been notified that the Tenant's Total Rent during the Initial Term is $985 per month
for the Unit.
The Tenant, during the Initial Term, shall be responsible for $0 ("Tenant's Portion") 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$985 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
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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 funds 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 Ageement 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 If 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 REQUIREMENT
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.
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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 HUD)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.
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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 anyway. 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.
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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 respondeat 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 City 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 LIABILITY-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),
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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, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS
OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY
DAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO LANDLORD'S BUSINESS
AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCL UDING DEATH, TO
ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
TO THE EXTENT CAUSED BYTHE NE GLIGENTA CIS OR OMISSIONS OR MALFEASANCE OF
LANDLORD,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
LANDLORD A CKNO WLED GES 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 WITH 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.
15. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined 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:
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To CITY: To LANDLORD:
City of Fort Worth Jacklyn Sevilla Property Manager
Attn: Fernando Costa,Assistant City Manager 1220 E.Vickery Blvd.
200 Texas Street Fort Worth,TX 76104
Fort Worth,TX 76102-6314
Facsimile: (817)392-8654
With copy to Fort Worth Neighborhood Services
Department, Attention: Compliance Division at
same address
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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.
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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.
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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
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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)
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples this 281
day of October,2019.
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
By: ;,ap�,a,,o,,; this contract,including ensuring all performance and
Name:Fernando Costa reporting requirements.
Title:Assistant City Manager
pec 10 2019 T2���r�e� 01fed '
Date. By:Terrance Jones(Dec 5,2019)
Name: Terrance Jones
APPROVAL RECOMMENDED: Title: Sr.Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
'vccrv�• 7'au^itei^
By:Victor Turner(Dec 10,2019)
Name:Victor Turner To Pcrfe
Title: Director, B Y'•Jo Pate(Dec 10,2019)
Neighborhood Services Department_ Name: Jo Ann Pate
ATTEST: Title:Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 19-0016 $4 I(`1
a2_ FORT
B3pary J. ayser(Dec 13, 19)
Name:Mary Kayser A.; .,.fj
Title:City Secretary ~
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LANDLORD:
Taj Mahal Apartments ATTEST:
By: �� By:
Na . l Name:
Title: Property M ager Title:
Date:
OFFICIAL REC RL
CITY SECRETAQ
FT. WORTH TX
Rental Assistance Landlord Agreement Page 10 of 11
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Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDAa` i
DATE: 8/6/2019 REFERENCE NO.: M&C 19-0016 LOG NAME: 19NS ACTION
PLAN 2019-20
CODE: G TYPE: NON-CONSENT PUBLIC YES
HEARING:
SUBJECT: Conduct Public Hearing and Approve the City's 2019-2020 Annual Action Plan for the Use
of Federal Grant Funds in the Amount of $12,280,561.00 to be Awarded by the U.S.
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 Waiver of Application of Indirect Cost Rates; Approve Waiver
of Certain Development Fees Estimated at $200,000.00 for the Everly Plaza Apartments
Located at 1801-1821 8th Avenue and 1808 Hurley Avenue; Authorize the Use of Fee
Waivers as HOME Match; Authorize Execution of Related Contracts; and Adopt
Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2019-2020
Annual Action Plan for use of federal grant funds to be awarded by the U.S. Department of
Housing and Urban Development in the amount of $12,280,561.00 from the Community
Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions
Grant, and Housing Opportunities for Persons with AIDS programs, and for the use of
program income from activities using prior years' federal grant funds;
2. Approve the City's 2019-2020 Annual Action Plan for submission to the U.S. 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 $150,000.00 of program income which
resulted 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
resulted from activities using prior years' HOME Investment Partnerships Program funds for
the City's Homebuyer Assistance Program;
5. Authorize a waiver of indirect cost rates as applicable for grant funds, in accordance with the
City's administrative regulations;
6. Approve the waiver of certain development fees estimated at $200,000.00 for Everly Plaza
Apartments located at 1801-1821 8th Avenue and 1808 Hurley Avenue, find that the waiver
of such fees serves to carry out the public purpose of providing quality, accessible, affordable
housing for low- and moderate-income households, and that adequate controls are in place
to carry out such public purpose;
7. Authorize the use of the fee waivers approved for the development of Everly Plaza
Apartments as HOME match for the City's HOME Investment Partnerships Program grant
funds;
8. 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 2019-2020 for Community
Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions
Grant, and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt
of funding and satisfactory completion of an Environmental Review and all regulatory
requirements;
9. Authorize the City Manager or his designee to extend contracts for up to one year if an
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agency or department requests an extension and such extension is necessary for completion
of the program, or to amend contracts if necessary to achieve program goals, provided any
amendment is within the scope of the program and complies with City policies and all
applicable laws and regulations governing the use of federal grant funds; and
10. Adopt the attached appropriation ordinance increasing the estimated receipts and
appropriations to the grant fund in the total amount of $12,280,561.00 consisting of
$7,270,678.00 in Community Development Block Grant funds, $2,662,983.00 HOME
Investment Partnerships Program funds, $616,266.00 in Emergency Solutions Grant funds,
and $1,505,634.00 in Housing Opportunities for Persons with AIDS funds, plus any program
income, all subject to receipt of such funds.
DISCUSSION:
The City's 2019-2020 Annual Action Plan summarizes the major housing and community development
activities and proposed expenditures for the program year beginning October 1, 2019 and ending
September 30, 2020 for use of federal grant funds totaling $12,280,561.00 from the U.S. 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 of
which 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 to the City from
HUD based on a Request For Proposals and continuation of existing housing and community
development programs. A public hearing was held on May 15, 2019 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 15, 2019. These
funding recommendations were then presented to the Housing and Neighborhood Services Committee
on June 4, 2019, and to the full City Council on June 11, 2019.
A 30-day public comment period was held from July 1, 2019 to July 31, 2019. Notice of this public
comment period was published in the Fort Worth Star-Telegram, Wise County Messenger, and Hood
County News on June 26, 2019; in La Vida News, Cleburne Times-Review, and Weatherford
Democrat on June 27, 2019; in the Glen Rose Reporter on June 28, 2019; and in La Estrella on June
29, 2019.
Any comments received are maintained by the Neighborhood Services Department in accordance with
federal regulations. The City holds two public hearings as part of the HUD-required citizen participation
process. The first public hearing was held by staff on July 10, 2019, and the second public hearing is
scheduled for the City Council meeting on August 6, 2019.
A summary of final funding recommendations is provided below and in Tables 1, 2, and 3. A
spreadsheet of funding recommendations is also attached. The 2019-2020 Annual Action Plan must be
submitted to HUD by August 15, 2019.
A waiver of indirect costs is requested to maximize program benefits. The CDBG program provides for
an estimated salary amount of $1.3 million. The inclusion of indirect costs in the grant administration
budgets would result in a reduction of staff and services. These indirect costs are estimated to be
$215,386.00.
COMMUNITY DEVELOPMENT BLOCK GRANT
For Program Year 2019-2020, it is recommended that the amount of $7,270,678.00 in CDBG funds
and an estimated amount of $150,000.00 in CDBG program income, for a total . amount
of$7,420,678.00, be allocated as follows:
Public Services - $1,090,601.00: Includes social services for low- and moderate-income persons,
persons with disabilities, and disadvantaged persons
Housing Programs - $2,862,785.00: Includes funding for the City's Priority Repair Program,
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Cowtown Brush-Up program, homebuyer and housing services, accessibility modifications for
seniors and persons with disabilities, and related project delivery costs for these programs
Major Projects - $1,122,476.80: Includes funding for ADA-compliant accessibility improvements to
bathrooms, entry ways, parking lots, and other improvements that benefit City residents,
particularly seniors and persons with disabilities, at the following facilities: Worth Heights
Community Center, 3551 New York Avenue, 76110; Southside Community Center, 959 E. Rosedale
Street, 76104; and North Tri-Ethnic Community Center, 2950 Roosevelt Avenue, 76106. Repairs at
the Worth Heights Community Center will also include rehabilitation and reconfiguration of an area
previously used as a dental clinic into office space to be used by Community Action Partners staff.
Economic Development - $740,680.20: City's annual payment of its Section 108 loan from HUD.
The Section 108 is a HUD loan guarantee program that enables CDBG grantees to borrow up to
five times their annual entitlement grant.
Administration - $1,454,135,00: Includes costs for administering the CDBG grant, including
allocations for the City's Financial Management Services and Planning and Development
Departments
Estimated Program Income - $150,000.00: Includes up to $150,000.00 in funding for the City's
Priority Repair Program. CDBG program income over the estimated amount which is 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 2019-2020, it is recommended that the amount of $2,662,983.00 in HOME funds
and an estimated amount of $75,000.00 in HOME program income, for a total amount
of $2,737,983.00 be allocated as follows:
Homebuyer Assistance Program - $907,237.00: Includes funding for down payment and closing
cost assistance for low- and moderate-income homebuyers.
Community Development Housing Organizations (CHDOs) - $399,448,00: HUD requires that a
minimum of 15 percent of HOME funds be allocated to CHDOs for affordable housing projects.
These funds will be used by Development Corporation of Tarrant County for single family infill
development in the Ash Crescent neighborhood.
Community Development Housing Organizations (CHDOs) Operating - $90,000.00: To support
community-based affordable housing development, the City is also authorized to fund CHDO
administrative operating costs. One half of these funds will be awarded to Housing Channel to
support completion of the Riverside single family infill project, and one half of these funds will be
awarded to Development Corporation of Tarrant County to support completion of the Ash Crescent
single family infill project. All housing supported with these funds will be sold to homebuyers with
incomes at or below 80 percent of area median income, as set annually by HUD
New Construction of Rental Housing - $1,000,000.00: Represents gap financing for a portion of the
costs associated with constructing Everly Plaza, a new approximately 88-unit affordable senior
multifamily rental housing complex to be located at 1801-1821 8th Avenue and 1808 Hurley
Avenue.
The HOME program requires that 25\% of HOME expenditures annually be matched by local in-kind
or cash resources. The Everly Plaza project will therefore incur a $250,000 match liability. Staff
recommends the waiver of fees that are eligible for waiver under the Neighorhood Empowerment
Zone (NEZ) Basic Incentive Policy, estimated at $200,000.00. This will assist with closing the
project's gap in financing and will also assist the City's Match obligation under the HOME funds. Park
fees are not waived and willl be fully payable.
The fees that would otherwise be charged by the City include:
All building permit related fees, including plan review, inspection, and re-inspection fees;
Plat and/or replat application fees;
Board of Adjustment application fees;
Demolition fees;
Structure moving fees;
Zoning application fees;
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Street, alley, and utility easement vacation application fees;
Consent and/or encroachment agreement application fees;
Urban forestry application fees;
Sign permit fees;
Community Facilities Agreement application fees; and
Water and sewer impact fees.
Administration - $266,298.00: 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 10 percent of any HOME program
income to be used 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 2019-2020, it is recommended that the amount of$1,505,634.00 in HOPWA
funds be allocated as follows:
Public Service Agencies - $857,499.00
Neighborhood Services Department Community Action Partners (Tenant Based Rental Assistance;
Supportive Services) - $602,966
Administration - $45,169.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2019-2020, it is recommended that the amount of $616,266.00 in ESG funds be
allocated as follows:
Public Service Agencies - $570,047.00
Administration - $46,219.00
PUBLIC SERVICE AGENCY CONTRACT RECOMMENDATIONS
The Community Development Council and staff recommend that contracts be executed with the
listed agencies for the amounts shown in the following tables.
TABLE 1: CDBG AGENCIES
AGENCY PROGRAM AMOUNT
AB Christian Learning After School Tutoring $85,000.00
Center
AB Christian Learning Summer Reading Program $45,000.00
Center
Girls Incorporated of Youth Education, Prevention and $70,000.00
Tarrant County Leadership Program
Camp Fire First Texas After-School Program $45,000.00
Stop Six Church of Fort Worth Reads & Rights $45,000.00
Christ
United Community Educational Enrichment $70,000.00
Centers, Inc.
Artes de la Rosa Artes Academy $45,000.00
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Goodwill Industries of Employment/Job Training $90,000.00
Fort Worth
Guardianship Services, Education to Prevent Financial $70,000.00
Inc. Exploitation of Elderly
Housing Channel Homebuyer Education and Housing $125,000.00
Counseling Services
The Ladder Alliance Employment/Job Training $70,000.00
Meals on Wheels, Inc. of Home-Delivered Meals $70,000.00
Greater Tarrant County
The Presbyterian Night
Shelter of Tarrant Case Management for Homeless $145,601.00
County, Inc.
Sixty and Better, Inc. Transportation for Seniors $115,000.00
TOTAL CDBG
CONTRACTS $1,090,601.00
TABLE 2: HOPWA AGENCIES
AGENCY PROGRAM AMOUNT
Supportive Services, Facility-Based
Tarrant County Samaritan Housing Operations, Tenant-Based $671,499.00
Housing, Inc. Rental Assistance TBRA,
Administration
AIDS Outreach Center, Short Term Rent Mortgage and Utility
Inc. Assistance, Supportive Services, $186,000.00
Administration
TOTAL HOPWA
CONTRACTS $857,499.0
TABLE 3: ESG AGENCIES
AGENCY PROGRAM AMOUNT
The Presbyterian Night
Shelter of Tarrant County, Shelter Operations/Services $145,000.00
Inc.
Lighthouse for the Shelter Operations/Services $125,000.00
Homeless
The Salvation Army Homelessness Prevention $125,047.00
Center for Transforming Rapid Re-Housing $100,000.00
Lives
SafeHaven of Tarrant Shelter Operations/Services $75,000.00
County
TOTAL ESG
CONTRACTS $570,047.00
All figures have been rounded to the nearest dollar for presentation purposes.
These programs are available in ALL COUNCIL DISTRICTS.
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FISCAL INFORMATION/CERTIFICATION:
The Director of Finance 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 Operating Federal Fund. These are reimbursement
grants. The Neighborhood Services Department has the responsibility to validate the availability of
funds prior to an expenditure being made.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I ID Year (Chartfield 2
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Sonia Singleton (5774)
Additional Information Contact:
Barbara Asbury (7331)
Sharon Burkley (5785)
ATTACHMENTS
19NS Action Plan 2019-20 21001 AO.docx
HUD 2019-2020 AP Selected Slides.pptx
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