HomeMy WebLinkAboutContract 56567 CSC No.56567
RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT
WORTH AND ONE AMELIA PARC,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 ONE AMELIA PARC,
LP ("Landlord") acting by and through, JoAnn Martinez, its duly authorized representative, 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
landlord or property management agree to certain terms; and
WHEREAS Charles McKinstry("Tenant")is a participant in the City's rental assistance program;
and
WHEREAS the City requires that landlords must enter into this Agreement in order to receive the
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 6100 East Loop 820 South # 511 Fort Worth,TX, 76119 ("Unit"),as more fully described in
Exhibit A.
2. TERM.
This Agreement shall begin on August 1,2021 and shall expire on July 31,2022,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 one-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
OFFICIAL RECORD
Rental Assistance Landlord Agreement CITY SECRETARY
FT.WORTH, TX
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 Payable
The City has been notified that the Tenant's Total Rent during the Initial Term is$984.00 per month
for the Unit.
The Tenant,during the Initial Term,shall be responsible for$234.00 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 $750.00 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
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.
Rental Assistance Landlord Agreement Page 2 of 12
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 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.
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.
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
Rental Assistance Landlord Agreement Page 3 of 12
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.
Rental Assistance Landlord Agreement Page 4 of 12
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 any way. 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.
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 respondent 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 BELIABLEAND 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),
Rental Assistance Landlord Agreement Page 5 of 12
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, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS
OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY
DAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO LANDLORD'S BUSINESS
AND ANYRESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH, TO
ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
TO THE EXTENT CA USED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
LANDLORD,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
LANDLORD ACKNOWLEDGESAND 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 assignor 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:
Rental Assistance Landlord Agreement Page 6 of 12
To CITY: To LANDLORD:
City of Fort Worth JoAnn Martinez
Attn: Fernando Costa,Assistant City Manager Property Manage
200 Texas Street 6100 E. Loop 820 S.
Fort Worth,TX 76102-6314 Fort Worth,TX 76119
Facsimile: (817) 392-8654
With copy to Fort Worth Neighborhood Services
Department, Attention: Compliance Division at
same address
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.
Rental Assistance Landlord Agreement Page 7 of 12
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.
22. REVIEW OF COUNSEL.
The parties acknowledge that each parry 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 parry hereto
unless set forth in a written instrument,which is executed by an authorized representative of each party.
24. ENTIRETY OF AGREEMENT.
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 parry,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,
Rental Assistance Landlord Agreement Page 8 of 12
or an executed merger or acquisition agreement. Failure to provide the specified documentation so may
adversely impact future invoice payments.
28. CONFIDENTIAL INFORMATION
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)
Rental Assistance Landlord Agreement Page 9 of 12
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples this 21s'
day of September 2 02 1.
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
FLz: Fernando Costa(Oct 28,20211fi:54 CDT)
By this contract,including ensuringall performance and
.7 Name: Fernando Costa reporting requirements.
Title: Assistant City Manager
Date: Oct 28,2021
By: Liza e h (Oct 28,202116:17 CDT)
Name: Liza Bethea
APPROVAL RECOMMENDED: Title: Sr. Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Victor Turner
Title: Director,
By:
Neighborhood Services Department Name: Taylor Paris
ATTEST: Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 21-0522
By: apF°Pony as
Name: Ronald Gonzales ��o° °�'paa
Title: City Secretary ado
0
Avg 0
o o�c�
° o cr
°°ooOOoo° ,d
LANDLORD: ��nEX ASOpd
ATTEST:
h
By: JoAnn M ez(Oct 28,2021 16:17 CDT)
.7 Name: JoAnn Martinez By:
Title: Authorized Representative Name:
Title:
Date: Oct 28,2021
OFFICIAL RECORD
CITY SECRETARY
Rental Assistance Landlord Agreement FT.WORTH, TX
EXHIBIT A
Copy of Tenant's Lease
Landlord Services Agreement—Exhibit A Page 11 of 12
Landlord Services Agreement—Exhibit C Page 12 of 12
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/03/21 M&C FILE NUMBER: M&C 21-0522
LOG NAME: 19NS 2021-2022 ACTION PLAN
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
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 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 11 AMOUNT
AB Christian Learning Center IlAfter School Tutoring 11 $85,000.00
AB Christian Learning Center Summer Reading Program 1 $65,303.00
Artes de la Rosa IlArtes Academy 11 $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 Leadership $50,000.00
Academy
Boys&Girls Clubs of Greater Tarrant County, Inc. After School Program $60,000.00
United Community Centers, Inc. Educational Enrichment $100,000.00
Family Pathfinders of Tarrant County IFinancial Capability Program $50,000.00
The Ladder Alliance Computer Skills Training $70,000.00
F
sing Channel Homebuyer Education and Housing $125,000.00
Counseling Services
Meals-On-Wheels, Inc. of Tarrant County Home-Delivered Meals $116,288.00
Guardianship Services, Inc. IFinancial Exploitation Prevention Center $70,000.00
The Presbyterian Night Shelter of Tarrant County, Case Management for Homeless $145,000.00
Inc.
The Salvation Army Red Shield Emergency Shelter $75,000.00
CDBG Public Service Agencies Total $1,121,591.00
Rehabilitation, Education and Advocacy for Accessibility Improvements for Low $115,000.00
Citizens with Handicaps DBA REACH, Inc. Income Residents
LFort Worth Area Habitat for Humanity, Inc. DBAL
wtown Brush Up Paint Program IL$455,000.00
rinity Habitat for Humanity
Fort Worth Area Habitat for Humanity, Inc. DBA Preserve-A-Home Program (Como $400,000.00
Trinity Habitat for Humanity Neighborhood Improvement Strategy)
CDBG Subrecipient Agencies Total $970,000.00
TOTAL CDBG CONTRACTS $2,091,591.00
Housing Opportunities for Persons With AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY PROGRAM IF41MOUNT
T a r r a n t C o u n t y ,765.00
Supportive Services; Facility-Based Housing Operations; Tenant-�[$;5
Samaritan Housing, Inc. Based Rental Assistance; Administration
AIDS Outreach Center, Short-Term Rent, Mortgage, and Utility Assistance; Supportive[�02,862.00
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 AMOUNT
The Presbyterian Night Shelter of Tarrant County, Inc. =Fshelter Operations/Services $130,315.00
Lighthouse for the Homeless DBA True Worth Place Shelter Operations/Services IF$177,000.00
The Salvation Army Homelessness Prevention F$106,440.00
Center for Transforming Lives IFRapid Re-Housing $100,000.00
SafeHaven of Tarrant County Shelter Operations/Services j $70,960.00
TOTAL ESG CONTRACTS 11 $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 funds. This is a reimbursement grant.
Submitted for City Manager's Office W. Fernando Costa 6122
Originating Business Unit Head: Victor Turner 8187
Additional Information Contact: Sharon Burkley 5785
Sean Stanton 5811