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Home My WebLink AboutContract 56269-A4 CSC No. 56269-A4 AMENDMENT NO. 4 TO CITY OF FORT WORTH CONTRACT NO. 56269 This Amendment is entered into by and between the City of Fort Worth(hereafter"City"), a home rule municipality, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and PENNSYLVANIA PLACE APARTMENTS,LP,("Landlord"), a Texas Limited Partnership,d/b/a SIDDONS PLACE APARTMENTS, acting by and through Betty Scull, it's duly authorized representative, each party shall be individual referred to herein as Party and collectively as Parties. RECITALS WHEREAS, on October 24, 2019, the City entered into an agreement with the Landlord for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 56269 (the "Agreement"); WHEREAS, the Parties wish to amend Section 3.2 of the Agreement in order to amend the amounts payable by tenant and City for the month of July 2022. NOW, THEREFORE,the Parties do hereby agree as follows: I. 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 amended and replaced as follows: 3.2 Rent and Amounts Payable by City of Fort Worth The City has been notified that the Tenant's Total Rent during the Initial Term is $866.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during the first renewal term is$866.00 per month for the Unit.The City has been notified that the Tenant's Total Rent during the second renewal, beginning July 1, 2022 and expiring December 31, 2022 ("Second Renewal Term") is $866.00 per month for the Unit. The Tenant during the Initial Term,shall be responsible for$0.00 of rent per month for the Unit. The Tenant during the first renewal term shall be responsible for$638.00 of rent per month for the Unit. From June 1, 2022 to June 30, 2022, the Tenant shall be responsible for $0.00 per month for the Unit. The Tenant during the Second Renewal Term, from July 1, 2022 to July 31, 2022 shall be responsible for $0.00 per month for the Unit. From August 1, 2022 to December 31, 2022, the Tenant shall be responsible for $586.00. During the Initial Term City shall pay $866.00 towards the Tenant's Total Rent for the Unit ("City Portion"). During the first renewal term, the City Portion shall be $228.00. From June 1, 2022 to June 30, 2022, the City shall pay $866.00 of total rent. During the Second Renewal Term, from CSC No. 56269 Amendment Four OFFICIAL RECORD CoFW and Pennsylvania Place Apartments,LP d/b/a Siddons Place Apartments CITY SECRETARY FT. WORTH, TX July 1, 2022 to July 31, 2022, the City shall portion shall be $866.00. From August 1, 2022 to December 31, 2022, the City portion shall be $280.00. 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. II. ALL OTHER TERMS SHALL REMAIN THE SAME 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. III. ELECTRONIC SIGNATURE This Amendment 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. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] (Signature page follows) CSC No. 56269 Amendment Four CoFW and Pennsylvania Place Apartments,LP d/b/a Siddons Place Apartments ACCEPTED AND AGREED: FOR CITY OF FORT WORTH: FOR LANDLORD: 7;14C.J,— B&t*f ScuGG Name:Fernando Costa Bet ame:betty Scu 1 Title:Assistant City Manager Title:Authorized Representative Date: Jul 14, 2022 Date: Jul 13, 2022 �APPROVAL RECOMMENDED Name:Victor Turner Title: Director a;t4oR APPROVED AS TO FORM AND ATTEST: �� 00 °� '°°�Oa� LEGALITY 0�o o0.�0 �v° °=d dd o o° d J Y °° O Y p Name:Jessika Williams Name: Jannette Goodall �aaT °°°°°°°° a Title:Assistant City Attorney Title:City Secretary a�nEXpSaa Date: Jul 14, 2022 Contract Compliance Manager: M&CNo.: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. Tamara Jo es(Jul 13,202216:50 CDT) Name:Tamara Jones Title: Sr.Human Services Specialist OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC No. 56269 Amendment Four CoFW and Pennsylvania Place Apartments,LP d/b/a Siddons Place Apartments EXHIBIT A Copy of Tenant's Lease CSC No.56269 Renewal Two and Amendment Three Page 3 of 4 CoFW and Pennsylvania Place Apartments,LP d/b/a Siddons Place Apartments M&C Review Official CITY COUNCIL AGENDA F40RTWORTII Create New From This M&C DATE: 8/3/2021 REFERENCE M&C 21-0522 LOG NAME: 19NS 2021-2022 ACTION NO.: PLAN CODE: G TYPE: NON- PUBLIC CONSENT HEARING: NO 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 http://apps.cfwnet.org/council_packet/mc review.asp?ID=29070&councildate=8/3/2021[2/14/2022 2:52:08 PM] M&C Review 8. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 18.73\0/o, 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 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 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 Reporter on 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 staff's 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 income totaling $7,522,274.00 be allocated as follows: 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 for these 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 http://apps.cfwnet.org/council_packet/mc review.asp?ID=29070&councildate=8/3/2021[2/14/2022 2:52:08 PM] M&C Review estimated amount of$75,000.00 in HOME program income totaling $2,982,320.00 be allocated as follows: 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 requires that a 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 as follows: 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 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 $50,000.00 Leadership Academy Boys & Girls Clubs of Greater Tarrant County, After School Program $60,000.00 Inc. 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 Homebuyer Education and Housing http://apps.cfwnet.org/council_packet/mc review.asp?ID=29070&councildate=8/3/2021[2/14/2022 2:52:08 PM] M&C Review IHousing Channel Counseling Services $125,000.00 Meals-On-Wheels, Inc. of Tarrant County Home-Delivered Meals $116,288.00 Guardianship Services, Inc. Financial Exploitation Prevention $70,000.00 Center The Presbyterian Night Shelter of Tarrant Case Management for Homeless $145,000.00 County, Inc. The Salvation Army Red Shield Emergency Shelter $75,000.00 CDBG Public Service Agencies Total 11$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 Trinity Habitat for Humanity Neighborhood Improvement Strategy) $400,000.00 CDBG Subrecipient Agencies Total $970,000.00 TOTAL CDBG CONTRACTS $2,091,591.00 Housing Opportunities for Persons With AIDS Contracts http://apps.cfwnet.org/council_packet/mc review.asp?ID=29070&councildate=8/3/2021[2/14/2022 2:52:08 PM] M&C Review TABLE 2: HOPWA AGENCIES AGENCY PROGRAM 11 AMOUNT Tarrant County Supportive Services; Facility-Based Housing Operations; $845,765.00 Samaritan Housing, Inc. Tenant-Based Rental Assistance; Administration AIDS Outreach Center, Short-Term Rent, Mortgage, and Utility Assistance; Supportive $302 862.00 Inc.* Services; Administration TOTAL HOPWA CONTRACTS $1,148,627.00 *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 PROGRAM 11 AMOUNT The Presbyterian Night Shelter of Tarrant County, Inc. 7IShelter Operations/Services $130,315.00 Lighthouse for the Homeless DBA True Worth Place JIShelter Operations/Services $177,000.00 The Salvation Army IlHomelessness Prevention JF$106,440.00 Center for Transforming Lives IRapid Re-Housing 1 $100,000.00 SafeHaven of Tarrant County Shelter 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 http://apps.cfwnet.org/council_packet/mc review.asp?ID=29070&councildate=8/3/2021[2/14/2022 2:52:08 PM] M&C Review funds. This is a reimbursement grant. 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 ID Year (Chartfield 2) Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Victor Turner (8187) Additional Information Contact: Sharon Burkley (5785) Sean Stanton (5811) ATTACHMENTS 19NS 2021-2022 ACTION PLAN 21001.docx (Public) 2021-2022 Action Plan MC FID Table.xlsx (CFW Internal) Form 1295 2021-2022 Action Plan.pdf (CFW Internal) HUD 2021-2022 Action Plan Budget Selected Slides.pdf (Public) Secretary of State Agency Listings 2021-2022 Action Plan.pdf (Public) http://apps.cfwnet.org/council_packet/mc review.asp?ID=29070&councildate=8/3/2021[2/14/2022 2:52:08 PM]