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HomeMy WebLinkAboutContract 45955-A2 CITY SECRETARY J 00NTRACTNO. SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 45955 WHEREAS, on October 30, 2013 the City of Fort Worth ("City") and Tarrant County Housing Partnership, Inc. ("Developer") made and entered into City Secretary Contract No. 45055 (the "Contract"), as authorized by the City Council in M&C C-25531 adopted on March 27, 2012 which provided $1,115,000 of City's HOME funds to Developer for the development and construction of up to 10 single family houses in the Hillside-Morningside neighborhood; WHEREAS, the funding provided to Developer in the Contract was from a grant received by the City from the United States Department of Housing and Urban Development through the HOME Investment Partnership Program, Catalog of Federal Domestic Assistance No. 14.239; WHEREAS, a portion of the City's HOME funds are reserved for the use of certain housing development entities that qualify under the HOME Regulations as a Community Housing Development Organization ("CHDO") and Developer is qualified as a CHDO under the HOME Regulations; WHEREAS, Developer requested $130,234.00 of HOME CHDO funds for the construction of a single family house located at 945 E. Jessamine to be sold to HOME Eligible Buyers under the terms and conditions set forth in the Contract; WHEREAS, the CHDO has legally changed its name to Housing Channel, Inc.; WHEREAS, the First Amendment increased the line item amounts in Exhibit "B" — Budget and extend the Completion Deadline in Exhibit "C" — Project and Reimbursement Schedule due to scheduling issues and the rise in price for construction materials for the project; WHEREAS, Developer has requested a Second Amendment to extend the Completion Deadline in Exhibit "C" - Project and Reimbursement Schedule due to additional scheduling issues; WHEREAS, it is the mutual desire of City and Developer to amend the Contract to complete the project and meet Contract objectives. NOW THEREFORE, City and Developer hereby agree as follows: I. Section 2. DEFINITIONS is amended to be and read as follows: "Completion Deadline means May 30, 2018. i May /�i�0 OFFICIAL RECORD 90, CITY SECRETARY lrsfic ,c�r� FT.WORTH,TX CONTRACT AMENDMENT 2 to CSC No. 45955 Page 1 Housing Channel,Inc.—945 E. Jessamine Rev.4/2018 II. Exhibit "C" - Project and Reimbursement Schedule attached to the Contract are hereby replaced with Exhibit "C" - Project and Reimbursement Schedule Revised 4/2018 attached hereto. IIl. All other terns and conditions of City Secretary Contract No. 45955 not amended herein remain unaffected and in full force and effect, are binding upon the Parties, and are hereby ratified by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the Contract. [SIGNATURES APPEAR ON NEXT PAGE] CONTRACT AMENDMENT 2 to CSC No.45955 Page 2 Housing Channel,Inc.—945 E. Jessamine Rev.4/2018 OF FORT ACCEPTED AND AGRE /. O ATTEST: Y OF FORT WORTH XAS y: City S Fernando Costa, Assistant City Manager M&C C- 6893 Date: 8/5/2014 M&C C-26977 Date: 9/16/2014 Form 1295: N/A AP ROVED AS TO FORM AND LEGALITY: Paige Mebane, Assistant City Attorney HOUSING CHANNEL, a Texas non-profit corporation By: D a e s, nt City of Fort Worth Agreement Compliance Manager: 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: Title: Gf,YfC boas / if 1 GtG,nfS /Nk�e�Je OFFICIAL RECORD CITY SECRETARY FTT,WORTH,U CONTRACT AMENDMENT 2 to CSC No.45955 Page 3 Housing Channel,Inc.—945 E.Jessamine Rev.4/2018 EXHIBIT "C" PROJECT AND REIMBURSEMENT SCHEDULE REVISED 4/2018 HOUSING CHANNEL, INC. 945 E. JESSAMINE Phase Activity Amount PHASE I ACTIVITIES: Contract Signed Land and/or Building Acquisition Predevelopment PHASE I DEADLINE: $2065* October 31,2015 1st Payment* ' PHASE II ACTNIITES: Site Preparation Predevelopment Construction costs PHASE II DEADLINE: 2"d Payment* $9,894* December 31,2016 PHASE III ACTNIITES: Architectural&Engineering Fees Construction Costs Utilities/Security PHASE III DEADLINE: 31 Payment* $77,302* August 31,2017 PHASE IV ACTNIITES: Construction costs Utilities/Security PHASE IV DEADLINE: 4"' Payment* $65,000* September 30 2017 PHASE V ACTIVITIES: Construction Costs Utilities/Security PHASE V DEADLINE: FINAL PAYMENT* $17,186* May 30,2018 TOTAL $171,447 DEVELOPER FEE** Paid after closing of sale to HOME $17,143** Eligible Buyer *Developer will be reimbursed for eligible expenses only. The amounts are estimates and are subject to change. **10%of project related development costs as shown on Exhibit"C"-Budget. CONTRACT AMENDMENT 2 to CSC No.45955 Page 4 Housing Channel,Inc.—945 E.Jessamine Rev.4/2018 M&C Review pauc l of Official site ofthe City mFort Worth,Texas CITY COUNCIL AGENDA FoRTWoRm COUNCIL ACTION: 8/5/2No. 21363-08-2014 CONTINUED FROM PREVIOUS WEEK REFERENCE 17HUDACT|��NPLAN PY2O14' ��T�� 7/22/2O14 �-20�S3 L��� ��0��� NO.: 2015 N��N- �K�G�Lh�� YES ����DE' {� T���' ' ' CONSENT HEARING: SUBJECT: Conduct Two Public Hearings and Approve the City's Action Plan for the Use of Federal Grant Funds in the Amount of$9,827,252.00 from the United States Department of Housing and Urban Development for Program Year 2014-2015 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS Grant Programs, Authorize Collection and Use of Program Income, Authorize Waiver of Application of Indirect Cost F|o0em. Authorize Execution of Related Contracts and Interdepartmental Letters of Agreement and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: |tiorecommended that the City Council: 1. Conduct two public hearings to o||ovv citizen input and consideration of the City's 2014-2015 Action Plan for use of federal grant funds from the United 8to0oo Department of Housing and Urban Development in the amount of $9,827,252.00 for Program Year 2014-2015 from the Community Development Block Grant, HOME Investment Partnerships Pro0romn, 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 2014-2015 Action Plan for submission to the United States Department of Housing and Urban Development including allocations of grant funds to particular programs and activities aodetailed below; 3. Authorize the collection and use of an estimated amount of $50.000.00 of program income resulting from activities using prior years' Community Development Block Grant funds for the programs and activities detailed below; 4. Authorize the collection and use of on estimated amount of $100.000.00 of program income neou|dn0 from activities using prior years' HOME Investment Partnerships Program funds for the City's Homebuyer Assistance Program; 5. Authorize the City Manager or his designee to execute contracts and Interdepartmental Letters of Agreement for a one year term with the agencies ||o0ed below in Tables 1. 2 and 3 for Program Year 2014-2015 for Community Development Block Gnant, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding; O. Authorize the City Manager or his designee to extend the contracts and Interdepartmental Letters of Agreement for up to one year if an agency or department requests an extension and such extension is necessary for completion of the prognom, or to amend the contracts and Interdepartmental Letters of Agreement if necessary to achieve program 0oo|o 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 offederal grant funds; hVn://anps.cfwnnei.org/coonoi| nookct/mo_ncvicvv.amp?lD~~7OO27&000ncildo1c~~0/5/2Ol4 5/7/2010 M&C Review Page 2 of 6 8. Authorize a waiver of indirect cost rates as applicable for the Grants Fund, in accordance with the City's Administrative Regulations; and 9. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the Grants Fund in the total amount of $9,827,252.00 consisting of $6,193,950.00 in Community Development Block Grant funds, $2,143,383.00 in HOME Investment Partnerships Program funds, $493,901.00 in Emergency Solutions Grant funds and $996,018.00 in Housing Opportunities for Persons with AIDS grant funds, plus any program income, all subject to receipt of such funds. DISCUSSION: The City's Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for use of federal grant funds totaling $9,827,252.00 from the United States Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and Housing Opportunities for People with AIDS (HOPWA) grant programs for the program year beginning October 1, 2014 and ending September 30, 2015. This year's Action Plan also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds. The purpose of these grant funds is to primarily benefit low and moderate income City residents, with ESG funds primarily benefiting homeless persons and HOPWA funds primarily benefiting persons with HIV/AIDS. Staff developed recommendations for the allocation of the estimated funding from HUD and presented them to the Community Development Council (CDC) on May 21, 2014 and to the City Council at the Pre-Council meeting on June 10, 2014. Notice of a 30-day public comment period from July 2, 2014 to July 31, 2014 was published in the Fort Worth Star-Telegram on June 28, 2014. Any comments received will be maintained by the Housing and Economic Development Department, in accordance with federal regulations. The City will hold two public hearings as part of the HUD-required citizen participation process, the first on July 22, 2014 and the second on August 5, 2014 at which time the City Council is scheduled to approve the Action Plan. In addition, public hearings were held on June 24, 2014 at 10:00 a.m. and 6:00 p.m. for citizens to provide comment on the proposed list of neighborhood streets eligible for reconstruction using CDBG funds. A summary of the CDC's funding recommendations is provided below in Tables 1, 2 and 3 and a spreadsheet of all specific funding recommendations is attached. The Action Plan must be submitted to HUD by August 15, 2014. For Program Year 2014-2015, it is recommended that the amount of $6,193,950.00 in CDBG funds and the estimated amount of$50,000.00 of CDBG program income be allocated as follows: Public Services -$929,092.60 This item includes social services for low to moderate income, disabled and disadvantage populations. Housing Programs and Services -$2,160,600.00 This item includes funding for the City's Priority Repair Program, Cowtown Brush-Up, homebuyer and housing services and accessibility modifications to the homes of senior and/or disabled individuals and related project delivery costs for these programs. CDBG Match Funds -$600,000.00 This item includes match funds for the Lead Grant program. Infrastructure Services -$638,126.80 This item includes funding for reconstruction of neighborhood streets. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20027&councildate=8/5/2014 5/7/2018 M&C Review Page 3 of 6 CDBG Economic Development -$737,340.70 This item is the City's annual payment on its Section 108 loan from HUD. CDBG Estimated Program Income -$50,000.00 The CDC recommended allocating any CDBG program income for the reconstruction of neighborhood streets. CDBG General Administration -$1,238,790.00 This item includes costs for administering the CDBG grant including allocations for Financial Management Services, Internal Audit and Transportation and Public Works Departments. For Program Year 2014-2015, it is recommended that the amount of $2,143,383.00 in HOME funds and the estimated amount of$100,000.00 of HOME program income be allocated as follows: Homebuyer Assistance Program -$1,097,405.70 This items includes funding for down payment and/or closing cost assistance to low and moderate income homebuyers. Community Development Housing Organizations (CHDO) Set Aside -$321,507.40 HUD requires that a minimum of 15 percent of HOME funds be allocated to CHDOs for affordable housing projects and CHDO administrative operating costs. These funds will be used to complete the Hillside Morningside Neighborhood Single Family Infill Development which will result in the construction of up to 17 single family houses by the Tarrant County Housing Partnership CHDO. Multifamily Development- $510,131.60 Funding will be used for the Columbia at Renaissance Square, an approximately 140-unit mixed income development, with 28 market rate units. The rest of the units will provide quality affordable housing to Fort Worth families with incomes at or below 80 percent of Area Median Income. The development will be located at 3801 W.G. Daniels Drive in Council District 8. HOME General Administration -$214,338.30 This item includes costs for administering the HOME grant. HOME Estimated Program Income -$100,000.00 The program income will be used in the City's Homebuyer Assistance Program. For Program Year 2014-2015, it is recommended that the amount of $996,018.00 in HOPWA funds be allocated as follows: Non-Profit Service Providers -$966,137.46 HOPWA Program Administration - $29,880.54 For Program Year 2014-2015, it is recommended that the amount of $493,901.00 in ESG funds be allocated as follows: Non-Profit Service Providers -$456,858.42 ESG Program Administration -$37,042.58 The CDC and Staff recommend that contracts be executed with the agencies listed below in the amounts shown in the following tables: http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20027&councildate=8/5/2014 5/7/2018 M&C Review Page 4 of 6 Community Development Block Grant: Table 1 -CDBG Agencies Organization JlPrograrn IlArnount Women's Center of Tarrant County Senior Services $ 75,000.00 Senior Citizens of Greater Tarrant Senior Services $ 93,092.50 County YMCA of Metropolitan Fort Worth Child Care Services $ 50,000.00 YWCA of Fort Worth and Tarrant Child Development $ 50,000.00 County Childcare Associates Child Care Services $ 50,000.00 Girls Inc. of Tarrant County IYouth Services $ 75,000.00 Camp Fire 11Youth Services $ 75,000.00 Lena Pope Home Youth Services $ 75,000.00 Ladder Alliance Employment/Job Training $ 75,000.00 Tarrant County HousingPartnership Housing Counseling & $ 124,000.00 p Education Presbyterian Night Shelter Case Management/Main Shelter $ 82,000.00 Meals on Wheels of Tarrant Count Home-delivered Meals $ 105,000.00 County Program CDBG Public Service Sub F 11$ 929,092.50 *REACH Resource Center on Need-Project Ramps 75,000.00 Independent Living Total CDBG Contracts $1,004,092.50 *REACH will be funded from the CDBG Housing Programs budget. Housing Opportunities For Persons With AIDS: Table 2 - HOPWA Agencies Organization IF Program Amount Tarrant County Administration ) and( percent) Su Samaritan Housing, v Supportive ry $409,380.46 Inc. Services Administration (seven percent), Supportive AIDS Outreach Services, Tenant Based Rental Assistance $556,757.00 Center, Inc. (TBRA), and Short Term Rent Mortgage and Utility Assistance(STRMU) TOTAL HOPWA Contracts $966,137.46 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20027&councildate=8/5/2014 5/7/2018 M&C Review Page 5 of 6 Emergency Solutions Grant: Table 3 - ESG Agencies Organization Program Amount SafeHaven of Tarrant County I Shelter Services $ 85,065.00 Presbyterian Night Shelter Shelter Services $ 95,544.00 Day Resource Center for the Shelter Services $115,732.00 Homeless The Salvation Army, a Georgia Homelessness Prevention/Rapid $ 437136.00 Corporation Re-Housing Catholic Charities of Fort Worth Homelessness Prevention/Rapid $117,381.42 Re-Housing TOTAL ESG Contracts __1 — IL$456,858.42 These programs are available in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director 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 Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 451727 01720672OXXX $6,193.950.00 GR76 5XXXXX 01720672OXXX $6,193,950.00 GR76 451727 017206721XXX $2,143.383.00 GR76 5XXXXX $2,143.383.00 017206721 XXX GR76 451727 017206723XXX $493,901.00 GR76 5XXXXX 017206723XXX $493.901.00 GR76 451727 017206724XXX $996,018.00 GR76 5XXXXX 017206724XXX $996,018.00 GR76 476091 01720672OXXX $50,000.00 GR76 5XXXXX 01720672OXXX $50.000.00 GR76 476076 017206721XXX $100,000.00 GR76 5XXXXX 017206721XXX $100,000.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Jay Chapa (5804) Additional Information Contact: Cynthia Garcia(8187) Leticia Rodriguez (7319) http://apps.cfwnet.org/council_packet/mc review.asp?ID=20027&councildate=8/5/2014 5/7/2018 M&C Review Page 6 of 6 ATTACHMENTS 17HUDACTIONPLAN PY2014-2015 AO 2014.docx Action Plan 14-15.pdf PROPOSED 2014 CDBG Streets Attachment.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=20027&councildate=8/5/2014 5/7/2018 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoR TWoRm COUNCIL ACTION: Approved on 9/16/2014 DATE: 9/16/2014REFERENCE""C-26977 LOG NAME: 17TCHP_REVISEDHILLSIDE/MORNINGSIDEBUDGET CODE: C TYPE: CONSENTPUBLIC NO HEARING: SUBJECT: Authorize Amendment to Mayor and Council Communications C-24293, C-24714, C-25531, C-25676 and C-26369 to Increase the Total Amount for Development Costs and Decrease the Total Amount for Operating Funds of the HOME Investment Partnerships Program Grant Funds Awarded to Tarrant County Housing Partnership, Inc., for Single-Family Housing Development in the Hillside-Morningside Neighborhood and to Allow for Lease of Houses by Eligible Tenants(COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the amendment of Mayor and Council Communications C-24293, C-24714, C-25531,C-25676 and C-26369 to: (1) increase the total amount for development costs by the amount of$125,000.00 and decrease the total amount for operating funds by the amount of$125,000.00 of the HOME Investment Partnerships Program grant funds awarded to Tarrant County Housing Partnership, Inc., for single-family housing development in the Hillside-Morningside neighborhood; and (2) allow for rental of the houses by eligible tenants. DISCUSSION: The City Council approved an award in the total amount of$1,815,913.00 of HOME Investment Partnerships Program (HOME) grant funds to Tarrant County Housing Partnership, Inc. (TCHP),a Community Housing Development Organization (CHDO), for the development of up to 18 single- family houses in the Hillside-Morningside neighborhood (Mayor and Council Communications C-24293, C-24714, C-25531, C-25676 and C-26369). This amount included a total of$175,000.00 for CHDO operating funds and $1,640,913.00 for development expenses for the houses. Due to higher construction costs, Staff recommends that the total amount of HOME funds awarded to TCHP instead include a total amount of$1,765,931.00 for construction and other development costs, and reduce the CHDO operating funds to$50,000.00. As of August 23, 2013, the United States Department of Housing and Urban Development(HUD) requires that a CHDO must have a sales contract with a HOME-eligible buyer within nine months of completion of construction of a house built with CHDO funds. If the CHDO does not have contract with a HOME-eligible buyer within this timeframe, the house must instead be rented to an income- eligible tenant. This requirement applies to all projects, including CHDO projects, to which HOME funds are committed on or after August 23, 2013. Therefore, Staff requests that the above- referenced Mayor and Council Communications be amended to allow not only for the sale to a HOME-eligible buyer, but also for the rental by an income-eligible tenant, including the option for the tenant to lease-purchase the house. This project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that the action will have no material effect on City funds. http://apps.cfwnet.org/council_packet/mc review.asp?ID=20201&councildate=9/16/2014 5/7/2018 M&C Review Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Mananer's Office by: Fernando Costa (6122) Originatina Department Head: Jesus Chapa (5804) Additional Information Contact: Cynthia Garcia(8187) Leticia Rodriguez(7319) ATTACHMENTS 17TCHP MAP.pdf http://apps.cfwnet.org/council_packet/mc—review.asp?ID=20201&councildate=9/16/2014 5/7/2018