HomeMy WebLinkAboutContract 53232-A4CSC No. 53232- Amendment Four Page 1 of 4
CoFW and Westdale Hills 2013, LP
AMENDMENT FOUR TO CITY OF FORT WORTH CONTRACT NO. 53232
This Amendment is made and entered into by and between the City of Fort Worth (“City”) and
WESTDALE HILLS 2013, LP (“Landlord”), 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. 53232 (the
"Agreement");
WHEREAS, Patrick Lumala (“Tenant”) is a participant in the City’s rental assistance
program;
WHEREAS, the initial term of the Agreement was from November 1,2019 to September
30, 202 and allowed for annual renewals upon agreement of the Parties;
WHEREAS,the Parties most recently renewed the Agreement for its Third Renewal
Term, from September 9, 2022 to December 8, 2023;
WHEREAS, the lease term was recently extended and is now set to expire on December
31, 2023 (see attached Lease) and the Parties wish to amend the Agreement to update as necessary.
NOW THEREFORE, City and Landlord 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
The City has been notified that the Tenant’s Total Rent during the Initial Term is
$709.00 per month for the Unit. The City has been notified that the Tenant’s Total Rent
during the first renewal term is $709.00 per month for the Unit. The City has been notified
that the Tenant’s Total Rent during second renewal term is $734.00 per month for the Unit.
The City has been notified that the Tenant’s Total Rent during the third renewal term,
beginning September 9, 2022 and expiring December 31, 2023 (“Third Renewal
Term”) is $792.00 per month for the Unit.
CSC No. 53232- Amendment Four Page 2 of 4
CoFW and Westdale Hills 2013, LP
The Tenant during the Initial Term, shall be responsible for $389.00 of rent per month
for the Unit. The Tenant during the first renewal term shall be responsible for $389.00 of
rent per month for the Unit. The Tenant during the Second Renewal Term, shall be
responsible for $453.00 of rent per month for the Unit. From September 9, 2022 to
September 30, 2022, the Tenant shall be responsible for $453.00 of rent per month for
the Unit. Beginning October 1, 2022 to December 31, 2023, the Tenant shall be
responsible for $544.00 per month for the Unit.
During the Initial Term City shall pay $320.00 towards the Tenant’s Total Rent for the
Unit (“City Portion”). During Tenant’s first renewal term City shall pay $320.00 towards
the Tenant’s Total Rent for the Unit. During Tenant’s second renewal term City shall pay
$281.00 towards the Tenant’s Total Rent for the Unit. During the Tenant’s Third Renewal
Term, from September 9, 2022 to September 30, 2022 City shall be responsible for
$339.00 of the Tenant’s Total Rent for the Unit. Beginning October 1, 2022 to
December 31, 2023, City shall be responsible for $248.00 of the Tenant’s Total Rent for
the Unit. Neither City nor does HUD assume any obligation for the Tenant’s Portion of the
rent, or for payment of any claim by Landlord against Tenant. The City’s sole obligation is
limited to paying the City Portion of the Rent in accordance with this Agreement. Tenant
shall be liable for rent, payments, and other fees associated with the Unit and City shall not
be obligated by law or in equity for any amount other than the City Portion.
II
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.
[SIGNATURE PAGE FOLLOWS]
CSC No. 53232- Amendment Four Page 3 of 4
CoFW and Westdale Hills 2013, LP
IN WITNESS WHEREOF,the parties hereto have executed this agreement, to be effective
November 13, 2023.
FOR CITY OF FORT WORTH: FOR LANDLORD:
Name: Fernando Costa Name: Felicia Marquez
Title: Assistant City Manager Title: Authorized Representative
Date: _______________ Date:
APPROVAL RECOMMENDED
Name: Victor Turner
Title: Director
APPROVED AS TO FORM AND ATTEST:
LEGALITY
Name: Jessika Williams Name: Jannette Goodall
Title: Assistant City Attorney Title: City Secretary
Date:
Contract Compliance Manager: M&C No.: 22-0569
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.
Name: Julie Peña, MSW
Title: Sr. Human Service Specialist
CSC No. 53232- Amendment Four Page 4 of 4
CoFW and Westdale Hills 2013, LP
Exhibit A
Copy of Tenant’s Lease
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Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
Create New From This M&C
DATE:8/9/2022 REFERENCE NO.:M&C 22-0569 LOG NAME:19NS 2022-2023
ACTION PLAN
CODE:C TYPE:NON-CONSENT PUBLIC
HEARING:YES
SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2022-2023 Annual
Action Plan for the Use of Federal Grant Funds in the Amount of $13,124,648.00 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 Program,
Authorize Collection and Use of Program Income, Authorize Execution of Related
Contracts, Adopt Appropriation Ordinance, and Authorize Waiver of Indirect Costs
(PUBLIC HEARING - a. Report 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 2022-2023
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 $13,124,648.00 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 2022-2023 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 $50,000.00 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 $50,000.00 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 2022-2023 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 estimated receipts and appropriations
in the Grants Operating Federal Fund in the total amount of $13,124,648.00 consisting of
$6,996,710.00 in Community Development Block Grant funds, $3,266,685.00 in HOME
Investment Partnerships Program grant funds, $628,543.00 in Emergency Solutions Grant
funds, and $2,232,710.00 in Housing Opportunities for Persons with AIDS grant funds, plus
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estimated program income in the amount of $100,000.00, all subject to receipt of such
funds; and
8. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 17.29\
%, estimated total of $330,793.14.
DISCUSSION:
The City of Fort Worth's (City's) 2022-2023 Annual Action Plan summarizes the major housing and
community development activities and proposed expenditures for the program year beginning
October 1, 2022 and ending September 30, 2023 for use of federal grant funds totaling
$13,124,648.00 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 persons experiencing
homelessness, 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 year's funding levels. One public hearing was held on April 27, 2022 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 11, 2022.
These funding recommendations were presented in City Council Work Session on June 7, 2022.
A 30-day public comment period was held from July 1, 2022 to August 1, 2022. Notice of this public
comment period was published in the Fort Worth Star-Telegram on June 26, 2022; in
the Weatherford Democrat on June 28, 2022; in the Hood County News and Wise County
Messenger on June 29, 2022; in Cleburne Times Review and La Vida News on June 30, 2022; and
in Glen Rose Reporter on July 1, 2022.
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 13, 2022, and the second
public hearing is scheduled for the City Council meeting on August 9, 2022.
A summary of staff's final funding recommendations is provided below in Tables 1, 2, and 3. A
Powerpoint presentation listing funding recommendations is also attached. The 2022-2023 Annual
Action Plan will be submitted to HUD by August 15, 2022.
Indirect costs totaling approximately $330,793.14 could be charged to these grants, as the
Neighborhood Services Department indirect cost rate is 17.29\% 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 2022-2023, it is recommended that the amount of $6,946,710.00 in CDBG funds
and an estimated amount of $50,000.00 in CDBG program income totaling $6,996,710.00 be
allocated as follows:
Public Services Agencies- $1,042,006.00: Includes social services for low- and moderate-income
persons, persons with disabilities, and disadvantaged persons
Housing Programs - $4,153,352.00: 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 - $362,010.00: Includes funding for Southside Community Center improvements
Administration - $1,389,342.00: Includes costs for administering the CDBG grant, including
allocations for the Financial Management Services and Development Services Departments
Estimated Program Income - $50,000.00: Includes up to $50,000.00 in funding for the City's
Priority Repair Program. Any CDBG program income over the estimated amount not used for the
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Priority Repair Program will be allocated to priority activities in the City's Consolidated Plan, subject
to the City Council approval.
HOME INVESTMENT PARTNERSHIPS PROGRAM
For Program Year 2022-2023, it is recommended that the amount of $3,216,685.00 in HOME funds
and an estimated amount of $50,000.00 in HOME program income totaling $3,266,685.00 be
allocated as follows:
Homebuyer Assistance Program - $129,623.50: Includes funding for down payment and closing
cost assistance for low- and moderate-income homebuyers
Community Housing Development Organization - $707,430.00: 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 Development Corporation of
Tarrant County (DCTC) for single-family infill development in the Polytechnic neighborhood. 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 - $2,057,963.00: Includes funds ($1,000,000.00) allocated to the affordable
housing project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice
Neighborhood Initiative (CNI) grant and funds ($1,057,963.00) allocated to the development of
permanent supportive housing.
Administration - $321,668.50: Includes costs for administering the HOME grant
Estimated Program Income - $50,000.00: 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 2022-2023, it is recommended that the amount of $2,232,710.00 in HOPWA funds
be allocated as follows:
Public Service Agencies - $1,515,729.00
Neighborhood Services Department - $650,000.00
Administration - $66,981.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2022-2023, it is recommended that the amount of $628,543.00 in ESG funds be
allocated as follows:
Public Service Agencies - $581,403.00
Administration - $47,140.00
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that
contracts be executed with the public service & CDBG subrecipient agencies for the amounts shown
in the following tables:
Community Development Block Grant Contracts
TABLE 1: CDBG AGENCIES
AGENCY CONSOLIDATED
PLAN GOAL PROGRAM AMOUNT
Housing Channel Affordable Housing
Homebuyer
Education and
Housing Counseling
Services
$100,000.00
Guardianship Services,
Inc.Aging-In-Place Financial Exploitation
Prevention Center $70,000.00
Meals-On-Wheels, Inc.
of Tarrant County Aging-In-Place Home-Delivered
Meals $72,006.00
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Meals-On-Wheels, Inc.
of Tarrant County Aging-In-Place Transportation
Program $50,000.00
Girls Incorporated of
Tarrant County
Children/Youth
Training and
Mentorship
Leadership Program $75,000.00
United Community
Centers, Inc.
Children/Youth
Training and
Mentorship
Educational
Enrichment Program $100,000.00
Boys & Girls Clubs of
Greater Tarrant County,
Inc.
Children/Youth
Training and
Mentorship
After School Program $60,000.00
Young Men's Christian
Association of
Metropolitan Fort Worth
Children/Youth
Training and
Mentorship
Y Achievers $50,000.00
AB Christian Learning
Center
Children/Youth
Training and
Mentorship
After School Program $75,000.00
Fortress Youth
Development Center,
Inc.
Children/Youth
Training and
Mentorship
Fortress PreSchool $50,000.00
The Presbyterian Night
Shelter of Tarrant
County, Inc.
Homeless Services Moving Home Case
Management $125,000.00
The Ladder Alliance
Poverty Reduction
and Household
Stabilization
Computer Skills
Training - Next Level
Program
$70,000.00
Easter Seals North
Texas, Inc.
Poverty Reduction
and Household
Stabilization
Employment
Services $50,000.00
The Women's Center of
Tarrant County, Inc.
Poverty Reduction
and Household
Stabilization
Working Families
Success $50,000.00
Center for Transforming
Lives
Poverty Reduction
and Household
Stabilization
Level Up
Microenterprise $45,000.00
CDBG Public Service Agencies Total $1,042,006.00
Rehabilitation,
Education and
Advocacy for Citizens
with Handicaps DBA
REACH, Inc.
Accessibility
Improvements
Accessibility
Improvements for
Low Income
Residents
$125,000.00
United Way of Tarrant
County
Accessibility
Improvements
Accessibility
Improvements for
Low Income Senior
Residents
$50,000.00
Fort Worth Area Habitat
for Humanity, Inc. DBA
Preserve Aging
Housing Stock
Cowtown Brush Up
Paint Program
$455,000.00
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Trinity Habitat for
Humanity
CDBG Subrecipient Agencies Total $630,000.00
TOTAL CDBG CONTRACTS $1,672,006.00
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY PROGRAM AMOUNT
AIDS Outreach
Center, Inc.
Administration, Supportive Services, Short-
Term Rent, Mortgage, and Utility Assistance
(STRMU)
$429,850.00
Tarrant County
Samaritan Housing,
Inc.
Administration, Facility-Based Operations,
Supportive Services, Tenant-Based Rental
Assistance (TBRA)
$1,085,879.00
TOTAL HOPWA CONTRACTS $1,515,729.00
Emergency Solutions Grant Contracts
TABLE 3: ESG AGENCIES
AGENCY PROGRAM AMOUNT
The Presbyterian Night Shelter of Tarrant
County, Inc.
Shelter
Operations/Services $130,220.00
Lighthouse for the Homeless DBA True
Worth Place
Shelter
Operations/Services $176,000.00
The Salvation Army Homelessness
Prevention $105,535.00
Center for Transforming Lives Rapid Re-Housing $98,743.00
SafeHaven of Tarrant County Shelter
Operations/Services $70,905.00
TOTAL ESG CONTRACTS $581,403.00
All figures have been rounded to the nearest dollar for presentation purposes. These programs are
available in ALL COUNCIL DISTRICTS.
Each of these grants is an entitlement grant rather than a competitive grant received from the United
States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to
agencies based on a formula, prescribed in legislation or regulation, rather than based on review.
These specific grants are allocated to the City of Fort Worth based on population size and per capita
income each year. The grants have been consistently awarded to the City since 1974 with the
inception of the Community Development Block Grant (CDBG) through the Housing and Community
Development Act of 1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized
in 1987 through the McKinney-Vento Homelessness Assistance Act. The HOME Investment
Partnerships Program (HOME) and the Housing Opportunities for Persons with AIDS (HOPWA)
Program were authorized in 1990 through the Cranston-Gonzales National Affordable Housing Act of
1990. With these grants, administrative and program delivery allocations support approximately 72
FTE positions in the Neighborhood Services Department, which is funded nearly 70\% with various
grants including these entitlement grants.
Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant
award being decreased or eliminated, Neighborhood Services Department would review programs
and services funded by the grants and determine a level of service and staffing that aligns with the
available funding. Alternative to consider may include staff and program reductions or eliminations.
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Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
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, of the Grants Operating Federal Fund. The Neighborhood Services Department (and
Financial Management Services) will be responsible for the collection and deposit of funds due to the
City. Prior to an expenditure being incurred, the Neighborhood Services Department has the
responsibility to validate the availability of funds. This is a reimbursement grant.
TO
FROM
Submitted for City Manager's Office by:Fernando Costa (6122)
Originating Department Head:Victor Turner (8187)
Additional Information Contact:Sharon Burkley (5785)
ATTACHMENTS
19NS 2022-2023 ACTION PLAN_21001.docx (Public)
19NS ACTION PLAN 2022_Agency Form 1295 Forms.pdf (CFW Internal)
Action Plan Budget-Staff Recommendations_City Council Work Session 060722.pdf (Public)
Secretary of State Agency Listings 2022-2023.pdf (Public)
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