HomeMy WebLinkAboutContract 53259-R3A2 CSC No. 53259-R3A2
RENEWAL THREE AND AMENDMENT TWO TO CITY OF FORT WORTH
CONTRACT NO. 53259
This Contract Renewal and 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 HEMPHILL SAMARITAN, LP
("Landlord") acting by and through Deborah Washington, each individually referred to as a "party"
and collectively referred to as the "parties."
RECITALS
WHEREAS, on December 16, 2019,the City entered into an agreement with the Landlord
for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 53259 (the
"Agreement");
WHEREAS, due to administrative errors, the Initial Term and Renewal Term dates listed
in the initial agreement and previous renewals were incorrect;
WHEREAS,the rent and amounts payable listed under section 3.2 of the initial agreement
and previous renewals were also incorrect;
WHEREAS, the correct lease dates and payments, as supported with the attached leases,
should read as follows:
Total Rent Tenant Portion City Portion
June 1, 2019-May $771.75 $227.00 $544.75
31, 2020 ("Initial
Term")
June 1, 2020-May $772.00 $169.00 $603.00
31, 2021 ("First
Renewal Term")
June 1, 2021-May $772.00 $139.00 $633.00
31, 2022 ("Second
Renewal Term")
June 1, 2022-May $810 $248 $562
31, 2023 ("Third
Renewal Term")
WHEREAS,due to such errors, as of the date of this Renewal and Amendment,the Tenant
has an outstanding balance of $1125.00 that the City will cover at no expense to the Tenant
utilizing either TBRA and/or ERAP funding;
OFFICIAL RECORD
CSC No. 53259 Renewal Three and Amendment Two
CoFW and Hemphill Samaritan,LP CITY SECRETARY
FT. WORTH, TX
WHEREAS, due to such errors, the renewal reflected under this filing will reflect the
"Third Renewal Term" of the underlying agreement;
WHEREAS,the Parties agree to renew and amend the Agreement as described below.
NOW THEREFORE City and Landlord do hereby agree as follows:
I
RENEWAL OF AGREEMENT
The parties agree to renew the term of the Agreement for an additional one year-term
beginning June 1, 2022 and expiring May 31, 2023 ("Third Renewal Term") unless earlier
terminated in accordance with the terms of the Agreement.
II
AMENDMENT TO AGREEMENT
The following terms are hereby amended to replace the referenced terms in the Agreement
and shall be binding and enforceable as if they were originally included therein.
The first three paragraphs of Section 3.2 Rent and Amounts Payable by City shall be
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 $771.75
per month for the Unit. The City has been notified that the Tenant's total Rent during the
first renewal term is $772.00 per month for the Unit. The City has been notified that the
Tenant's total rent during the second renewal term is $772.00 per month for the Unit. The
City has been notified that the Tenant's Total Rent during the third renewal term,
beginning June 1,2022 and expiring May 31, 2023 ("Third Renewal Term") is $810.00
per month for the Unit.
The Tenant during the Initial Term, shall be responsible for $227.00 of rent per month
for the Unit. The Tenant during the first renewal term shall be responsible for $169.00 of
rent per month for the Unit. The tenant during the second renewal term shall be responsible
for$139.00 of rent per month for the Unit. The Tenant during the Third Renewal Term
shall be responsible for $248.00 of rent per month for the Unit.
During the Initial Term City shall pay $544.75 towards the Tenant's Total Rent for the
Unit ("City Portion"). During Tenant's first renewal term City shall pay $603.00 towards
the Tenant's Total Rent for the Unit. During the Tenant's second renewal term City shall
pay $633.00 towards the Tenant's Total Rent for the Unit. During Tenant's Third
Renewal Term, and until either this Agreement expires or Landlord is notified by City
otherwise, the City Portion shall be $562.00. Neither City nor does HUD assume any
CSC No. 53259 Renewal Three and Amendment Two Page 2 of 5
CoFW and Hemphill Samaritan,LP
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.
III.
All terms and conditions of the Agreement not amended herein remain unaffected and in
full force and effect, are binding on the Parties and are hereby ratified by the Parties.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE FOLLOWS]
CSC No. 53259 Renewal Three and Amendment Two Page 3 of 5
CoFW and Hemphill Samaritan,LP
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective this
Pt day of June 2022.
FOR CITY OF FORT WORTH: FOR LANDLORD:
Deborah Washington(Aug31,20221638 CD
Name: Fernando Costa Name: Deborah Washington
Title: Assistant City Manager Title: Authorized Representative
Date: Sep 7, 2022 Date: Aug 31, 2022
APPROVAL RECOMMENDED
Name: Victor Turner
Title: Director
APPROVED AS TO FORM AND ATTEST: �oo���n��
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JannetteS.Goodall(Sep8,202209:15CDT) 0-p oA✓
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Name: Jessika Williams Name: Jannette Goodall
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Title: Assistant City Attorney Title: City Secretary d� 00.0.0'y
Date: Sep 8, 2022
Contract Compliance Manager: M&C No.: 21-0522
By signing I acknowledge that I am the
person responsible for the monitoring
and administration of this contract,
including ensuring all performance and
reporting requirements.
Tamara Jo es(Sep 6,2022 08:36 CDT)
Name: Tamara Jones
Title: Neighborhood Program Coordinator
OFFICIAL RECORD
CSC No. 53259 Renewal Three and Amendment Two
CoFW and Hemphill Samaritan,LP CITY SECRETARY
FT. WORTH, TX
Exhibit A
Copy of Tenant's Lease
CSC No. 53259 Renewal Three and Amendment Two Page 5 of 5
CoFW and Hemphill Samaritan,LP
M&C Review
Official
CITY COUNCIL AGENDA F[)R7 '4° RTII
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 NO
CONSENT HEARING:
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
fu nds;
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
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8. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 18.73\%, estimated total
of $303,276.16.
DISCUSSION:
The City's 2021-2022 Annual Action Plan summarizes the major housing and community development
activities and proposed expenditures for the program year beginning October 1, 2021 and ending September
30, 2022 for use of federal grant funds totaling $13,070,952.00 from the United States Department of Housing
and Urban Development (HUD) from the Community Development Block Grant (CDBG), HOME Investment
Partnerships Program (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons
with AIDS (HOPWA) grant programs. It also summarizes the use of program income resulting from activities
using prior years' CDBG and HOME funds, the primary purpose 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
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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
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Housing Channel $125,000.00
Counseling Services
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
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TABLE 2: HOPWA AGENCIES
AGENCY PROGRAM I AMOUNT
Tarrant County Supportive Services; Facility-Based Housing Operations; $8457765.00
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. Shelter Operations/Services $1307315.00
Lighthouse for the Homeless DBA True Worth Place JIShelter Operations/Services 1 1777000.00
The Salvation Army IlHomelessness Prevention IF$1067440.00
Center for Transforming Lives IRapid Re-Housing $1007000.00
SafeHaven of Tarrant County Shelter Operations/Services $707960.00
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
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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 I I ID I I 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)
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