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Contract 53288-R1A1
CSC No.53288-Rl Al RENEWAL ONE AND AMENDMENT ONE TO CITY OF FORT WORTH CONTRACT NO. CSC # 53288 BETWEEN THE CITY OF FORT WORTH AND 4 K LANCASTER APARTMENTS, LLC This Contract Renewal and Amendment (the "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, 4 K LANCASTER APARTMENTS, LLC ("Landlord") acting by and through HPC PROPERTY SERVICES, LLC its duly authorized management company, by and through Jennifer Thomasson, it's authorized representative, 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. 53288 (the "Agreement"); WHEREAS, the Agreement's initial term was from November 1, 2019 to September 30, 2020 and allowed for annual renewals upon agreement of the Parties; WHEREAS, the Agreement included specific provisions regarding the rights and obligations of the Parties; WHEREAS, the termination provisions in the Agreement did not address certain specific conditions such as the death of the tenant named in the Agreement; and WHEREAS, the Parties agree to renew and amend the Agreement to add in additional specific termination language to address the immediate termination of the Agreement in the event of the death of the tenant named in the Agreement. 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 term, in accordance with tenant and landlord's lease agreement, beginning on June 1' 2020 to May 315t 2021, unless terminated earlier in accordance with the terms of the Agreement. II AMENDMENT TO AGREEMENT OFFICIAL RECORD CSC No.53288 Renewal One and Amendment CITY SECRETARY One CoFW and 4K Lancaster Apartments, FT.WORTH,TX 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. CSC No.53288 Renewal One and Amendment Page 2 of 4 One CoFW and 4K Lancaster Apartments, 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 $850.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during the first renewal term, June 1st 2020 and expiring May 31, 2021 ("First Renewal Term")is $920.00 per month for the Unit. The Tenant during the Initial Term, shall be responsible for $221.00 of rent per month for the Unit. The Tenant during the First Renewal Term shall be responsible for$291.00 of rent per month for the Unit. During the Initial Term City shall pay $629.00 towards the Tenant's Total Rent for the Unit("City Portion"). During Tenant's renewal term, and until either this Agreement expires or Landlord is notified by City otherwise, the City Portion shall be $629.00. Neither City nor does HUD assume any obligation for the Tenant's Portion of the rent, or for payment of any claim by Landlord against Tenant. The City's sole obligation is limited to paying the City Portion of the Rent in accordance with this Agreement. Tenant shall be liable for rent, payments, and other fees associated with the Unit and City shall not be obligated by law or in equity for any amount other than the City Portion. Section 4.2.1 of the Agreement shall be replaced in its entirety with the following: 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. In the event of the death of the Tenant, this Agreement shall be terminated immediately as of the date of the Tenant's death. Section 4.3 of the Agreement shall be replaced in its entirety with the following: 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 begins after the effective date of termination of this Agreement, Landlord shall refund the City Portion for that month within thirty days of the effective date of termination by check made out to the City of Fort Worth Neighborhood Services Department. By way of example, if the Agreement is terminated on July 15th, and the City has already paid the City Portion of the Total Rent for the month of August, then Landlord would be required to refund the City Portion of the August rent to City in accordance with this section. 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 CSC No.53288 Renewal One and Amendment Page 3 of 4 One CoFW and 4K Lancaster Apartments, 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. 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.53288 Renewal One and Amendment Page 4 of 4 One CoFW and 4K Lancaster Apartments, IN WITNESS WHEREOF,the parties hereto have executed this agreement,to be effective this 30tn day of August 2021. FOR CITY OF FORT WORTH: FOR LANDLORD: cc_. Lem T&on � Fernando Costa(Sep 2,202115:53 CDT) Jennifer Tfiann2sson(Sep 2,202113:39 CDT) Name: Fernando Costa Name: Jennifer Thomasson Title: Assistant City Manager Title: Landlord Date: Sep 2,2021 Date: Sep 2,2021 APPROVAL RECOMMENDED ��" Name: Victor Turner Title: Director po°oo°OOO°OQooI�O�� 0 0 APPROVED AS TO FORM AND ATTEST: A�a 00 0 LEGALITY ° 0 0 0 P. oo oy� Taylor P is(Sep 2,2021 15:38 CDT) A °° 0 Tpr Name: Taylor Paris Name: Ronald Gonzales ��j °OpOo°°° ,a Title: Assistant City Attorney Title: City Secretary �XASo� Date: Sep 3,2021 Contract Compliance Manager: M&C No.: 19-0016 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. Liza h (Sep 2,202113:41 CDT) Name: Liza Bethea Title: Sr. Human Services Specialist OFFICIAL RECORD CSC No.53288 Renewal One and Amendment CITY SECRETARY One CoFW and 4K Lancaster Apartments, FT.WORTH,TX DECIT, 2019 csc# 53288 i CC/Pr FORT RrN RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT SECRErARy WORTH AND K4 LANCASTER APARTMENTS.LLC `sue L0 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, K4 LANCASTER APARTMENTS, LLC ("Landlord") and acting by and through HPC PROPERTY SERVICES, LLC, its duly authorized Property Management Company,by and through Jennifer Thomasson, 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 Latacha Phillips("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 ofthis 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 j i NOW THEREFORE the Parties in exchange for the benefit received from the other Parry's performance,agree to the following terms and conditions: 1. PROPERTY INFORMATION i Tenant has entered into an agreement with Landlord to rent a 2 bedroom home("Lease").The unit is located at 5200 E.Lancaster Ave. Apt 224 Fort Worth,TX 76111 ("Unit"), as more fully described in Exhibit A. 2. TERM. This Agreement shall begin on November 1,2019 and shall expire on September 30,2020,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 Rental Assistance Landlord Agreement Page 1 of 12 occupies the dwelling unit under the Le Landlord shall comply local laws p w g Lease. The Lando ply with state and to a regarding � interest payments on security deposits. I 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. I The Landlord shall immediately notify the City when the Tenant has moved from the Unit. 3.2 Rent and Amounts Payable by C I The City has been notified that the Tenant's Total Rent during the Initial Term is$850.00 per month for the Unit. The Tenant,during the Initial Term,shall be responsible for$221.00 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 $629.00 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. I 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 j 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 REQUIItEMENT 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 i� I 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 III 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 BE LIABLE AND 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 I 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 ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCL UDING 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.Went. Landlord shall not assign or 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 I To CITY: To LANDLORD: i City of Fort Worth 4K4 Lancaster Apartments, LLC Attn:Fernando Costa,Assistant City Manager Property Manager Jennifer 200 Texas Street Thomasson 4200 S.Freeway Ste. Fort Worth,TX 76102-6314 Facsimile: (817)392-8654 307 Fort Worth, TX 76115 With copy to Fort Worth Neighborhood Services Department, Attention: Compliance Division at same address j 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. 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. Rental Assistance Landlord Agreement Page 7 of 12 22. REVIEW OF COUNSEL. The parties acknowledge that each party 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 party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. i 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. I The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party,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, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 28. CONFIDENTIAL INFORMATION Rental Assistance Landlord Agreement Page 8 of 12 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) I II Rental Assistance Landlord Agreement Page 9 of 12 t I • I IN WITNESS WHEREOF,the parties hereto have executed this Agreement in:multiples this 24th ' day of October 2019. ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT C0110LMNCE TAANA.GER: By s.going I acknowledge that I am the perso�i 73ii�+ar�M responsible for the monitoring and adnninistratioii of Fernando Costa(Dec 19,2019) tells Contmpt„including ensuring all porfoimance and. By. Name:'Fernando Costa reporting requirements. Titles A.s�lstant City Manager TAw/t B,7,wf Datb?e c 19 O 19 gy.: Terrance Jones(Dec 19,2019) Name: Terrance Xones APPROVAL RECOMMENDED: 1 tle:ter:Co,*aot Compliance.Specialist APPROVED AS TO FORM AND LEGALM: 'vccra�" i ,VictorTurner(Dec 19,2019) By. Name:Victor Turner To ann Pafe i Title:Director, By:Jo Ann n (Dec 19,20191. Neighborhood Satvices Department Name:7o.Anil Pate Title:Assistant City Attorney j ATTEST: .CONTRACT AUTHORIZATION: urQ v�� F aft C: °19-0016 ©4'/06111 Mary J. ayser(Dec 20, 19) ®; By. Name:Mary,Xayser Title: City`Secreta y (`} LANDLORD: ATTEST: B 0'rol, ifer Thomasson By:lpe_ ManagerTitle: Date: 1 OFFIC CITY SFr Rental As"flstance.Landlord Agreement g Io of12 M&C Review Page I of 6 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDAa` i DATE: 8/6/2019 REFERENCE NO.: M&C 19-0016 LOG NAME: 19NS ACTION PLAN 2019-20 CODE: G TYPE: NON-CONSENT PUBLIC YES HEARING: SUBJECT: Conduct Public Hearing and Approve the City's 2019-2020 Annual Action Plan for the Use of Federal Grant Funds in the Amount of $12,280,561.00 to be Awarded by the U.S. 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 Waiver of Application of Indirect Cost Rates; Approve Waiver of Certain Development Fees Estimated at $200,000.00 for the Everly Plaza Apartments Located at 1801-1821 8th Avenue and 1808 Hurley Avenue; Authorize the Use of Fee Waivers as HOME Match; Authorize Execution of Related Contracts; and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that City Council: 1. Conduct a public hearing to allow citizen input and consideration of the City's 2019-2020 Annual Action Plan for use of federal grant funds to be awarded by the U.S. Department of Housing and Urban Development in the amount of $12,280,561.00 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS programs, and for the use of program income from activities using prior years' federal grant funds; 2. Approve the City's 2019-2020 Annual Action Plan for submission to the U.S. 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 $150,000.00 of program income which resulted 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 resulted from activities using prior years' HOME Investment Partnerships Program funds for the City's Homebuyer Assistance Program; 5. Authorize a waiver of indirect cost rates as applicable for grant funds, in accordance with the City's administrative regulations; 6. Approve the waiver of certain development fees estimated at $200,000.00 for Everly Plaza Apartments located at 1801-1821 8th Avenue and 1808 Hurley Avenue, find that the waiver of such fees serves to carry out the public purpose of providing quality, accessible, affordable housing for low- and moderate-income households, and that adequate controls are in place to carry out such public purpose; 7. Authorize the use of the fee waivers approved for the development of Everly Plaza Apartments as HOME match for the City's HOME Investment Partnerships Program grant funds; 8. 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 2019-2020 for Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding and satisfactory completion of an Environmental Review and all regulatory requirements; 9. Authorize the City Manager or his designee to extend contracts for up to one year if an http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27163&councildate=8/6/2019 8/12/2021 M&C Review Page 2 of 6 agency or department requests an extension and such extension is necessary for completion of the program, or to amend contracts if necessary to achieve program goals, provided any amendment is within the scope of the program and complies with City policies and all applicable laws and regulations governing the use of federal grant funds; and 10. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the grant fund in the total amount of $12,280,561.00 consisting of $7,270,678.00 in Community Development Block Grant funds, $2,662,983.00 HOME Investment Partnerships Program funds, $616,266.00 in Emergency Solutions Grant funds, and $1,505,634.00 in Housing Opportunities for Persons with AIDS funds, plus any program income, all subject to receipt of such funds. DISCUSSION: The City's 2019-2020 Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2019 and ending September 30, 2020 for use of federal grant funds totaling $12,280,561.00 from the U.S. 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 to the City from HUD based on a Request For Proposals and continuation of existing housing and community development programs. A public hearing was held on May 15, 2019 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 15, 2019. These funding recommendations were then presented to the Housing and Neighborhood Services Committee on June 4, 2019, and to the full City Council on June 11, 2019. A 30-day public comment period was held from July 1, 2019 to July 31, 2019. Notice of this public comment period was published in the Fort Worth Star-Telegram, Wise County Messenger, and Hood County News on June 26, 2019; in La Vida News, Cleburne Times-Review, and Weatherford Democrat on June 27, 2019; in the Glen Rose Reporter on June 28, 2019; and in La Estrella on June 29, 2019. Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. The City holds two public hearings as part of the HUD-required citizen participation process. The first public hearing was held by staff on July 10, 2019, and the second public hearing is scheduled for the City Council meeting on August 6, 2019. A summary of final funding recommendations is provided below and in Tables 1, 2, and 3. A spreadsheet of funding recommendations is also attached. The 2019-2020 Annual Action Plan must be submitted to HUD by August 15, 2019. A waiver of indirect costs is requested to maximize program benefits. The CDBG program provides for an estimated salary amount of $1.3 million. The inclusion of indirect costs in the grant administration budgets would result in a reduction of staff and services. These indirect costs are estimated to be $215,386.00. COMMUNITY DEVELOPMENT BLOCK GRANT For Program Year 2019-2020, it is recommended that the amount of $7,270,678.00 in CDBG funds and an estimated amount of $150,000.00 in CDBG program income, for a total . amount of$7,420,678.00, be allocated as follows: Public Services - $1,090,601.00: Includes social services for low- and moderate-income persons, persons with disabilities, and disadvantaged persons Housing Programs - $2,862,785.00: Includes funding for the City's Priority Repair Program, http://apps.cfwnet.org/council_packet/mc review.asp?ID=27163&councildate=8/6/2019 8/12/2021 M&C Review Page 3 of 6 Cowtown Brush-Up program, homebuyer and housing services, accessibility modifications for seniors and persons with disabilities, and related project delivery costs for these programs Major Projects - $1,122,476.80: Includes funding for ADA-compliant accessibility improvements to bathrooms, entry ways, parking lots, and other improvements that benefit City residents, particularly seniors and persons with disabilities, at the following facilities: Worth Heights Community Center, 3551 New York Avenue, 76110; Southside Community Center, 959 E. Rosedale Street, 76104; and North Tri-Ethnic Community Center, 2950 Roosevelt Avenue, 76106. Repairs at the Worth Heights Community Center will also include rehabilitation and reconfiguration of an area previously used as a dental clinic into office space to be used by Community Action Partners staff. Economic Development - $740,680.20: City's annual payment of its Section 108 loan from HUD. The Section 108 is a HUD loan guarantee program that enables CDBG grantees to borrow up to five times their annual entitlement grant. Administration - $1,454,135,00: Includes costs for administering the CDBG grant, including allocations for the City's Financial Management Services and Planning and Development Departments Estimated Program Income - $150,000.00: Includes up to $150,000.00 in funding for the City's Priority Repair Program. CDBG program income over the estimated amount which is 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 2019-2020, it is recommended that the amount of $2,662,983.00 in HOME funds and an estimated amount of $75,000.00 in HOME program income, for a total amount of $2,737,983.00 be allocated as follows: Homebuyer Assistance Program - $907,237.00: Includes funding for down payment and closing cost assistance for low- and moderate-income homebuyers. Community Development Housing Organizations (CHDOs) - $399,448,00: HUD requires that a minimum of 15 percent of HOME funds be allocated to CHDOs for affordable housing projects. These funds will be used by Development Corporation of Tarrant County for single family infill development in the Ash Crescent neighborhood. Community Development Housing Organizations (CHDOs) Operating - $90,000.00: To support community-based affordable housing development, the City is also authorized to fund CHDO administrative operating costs. One half of these funds will be awarded to Housing Channel to support completion of the Riverside single family infill project, and one half of these funds will be awarded to Development Corporation of Tarrant County to support completion of the Ash Crescent single family infill project. All housing supported with these funds will be sold to homebuyers with incomes at or below 80 percent of area median income, as set annually by HUD New Construction of Rental Housing - $1,000,000.00: Represents gap financing for a portion of the costs associated with constructing Everly Plaza, a new approximately 88-unit affordable senior multifamily rental housing complex to be located at 1801-1821 8th Avenue and 1808 Hurley Avenue. The HOME program requires that 25\% of HOME expenditures annually be matched by local in-kind or cash resources. The Everly Plaza project will therefore incur a $250,000 match liability. Staff recommends the waiver of fees that are eligible for waiver under the Neighorhood Empowerment Zone (NEZ) Basic Incentive Policy, estimated at $200,000.00. This will assist with closing the project's gap in financing and will also assist the City's Match obligation under the HOME funds. Park fees are not waived and willl be fully payable. The fees that would otherwise be charged by the City include: All building permit related fees, including plan review, inspection, and re-inspection fees; Plat and/or replat application fees; Board of Adjustment application fees; Demolition fees; Structure moving fees; Zoning application fees; http://apps.cfwnet.org/council_packet/mc review.asp?ID=27163&councildate=8/6/2019 8/12/2021 M&C Review Page 4 of 6 Street, alley, and utility easement vacation application fees; Consent and/or encroachment agreement application fees; Urban forestry application fees; Sign permit fees; Community Facilities Agreement application fees; and Water and sewer impact fees. Administration - $266,298.00: 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 10 percent of any HOME program income to be used 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 2019-2020, it is recommended that the amount of$1,505,634.00 in HOPWA funds be allocated as follows: Public Service Agencies - $857,499.00 Neighborhood Services Department Community Action Partners (Tenant Based Rental Assistance; Supportive Services) - $602,966 Administration - $45,169.00 EMERGENCY SOLUTIONS GRANT For Program Year 2019-2020, it is recommended that the amount of $616,266.00 in ESG funds be allocated as follows: Public Service Agencies - $570,047.00 Administration - $46,219.00 PUBLIC SERVICE AGENCY CONTRACT RECOMMENDATIONS The Community Development Council and staff recommend that contracts be executed with the listed agencies for the amounts shown in the following tables. TABLE 1: CDBG AGENCIES AGENCY PROGRAM AMOUNT AB Christian Learning After School Tutoring $85,000.00 Center AB Christian Learning Summer Reading Program $45,000.00 Center Girls Incorporated of Youth Education, Prevention and $70,000.00 Tarrant County Leadership Program Camp Fire First Texas After-School Program $45,000.00 Stop Six Church of Fort Worth Reads & Rights $45,000.00 Christ United Community Educational Enrichment $70,000.00 Centers, Inc. Artes de la Rosa Artes Academy $45,000.00 http://apps.cfwnet.org/council_packet/mc review.asp?ID=27163&councildate=8/6/2019 8/12/2021 M&C Review Page 5 of 6 Goodwill Industries of Employment/Job Training $90,000.00 Fort Worth Guardianship Services, Education to Prevent Financial $70,000.00 Inc. Exploitation of Elderly Housing Channel Homebuyer Education and Housing $125,000.00 Counseling Services The Ladder Alliance Employment/Job Training $70,000.00 Meals on Wheels, Inc. of Home-Delivered Meals $70,000.00 Greater Tarrant County The Presbyterian Night Shelter of Tarrant Case Management for Homeless $145,601.00 County, Inc. Sixty and Better, Inc. Transportation for Seniors $115,000.00 TOTAL CDBG CONTRACTS $1,090,601.00 TABLE 2: HOPWA AGENCIES AGENCY PROGRAM AMOUNT Supportive Services, Facility-Based Tarrant County Samaritan Housing Operations, Tenant-Based $671,499.00 Housing, Inc. Rental Assistance TBRA, Administration AIDS Outreach Center, Short Term Rent Mortgage and Utility Inc. Assistance, Supportive Services, $186,000.00 Administration TOTAL HOPWA CONTRACTS $857,499.0 TABLE 3: ESG AGENCIES AGENCY PROGRAM AMOUNT The Presbyterian Night Shelter of Tarrant County, Shelter Operations/Services $145,000.00 Inc. Lighthouse for the Shelter Operations/Services $125,000.00 Homeless The Salvation Army Homelessness Prevention $125,047.00 Center for Transforming Rapid Re-Housing $100,000.00 Lives SafeHaven of Tarrant Shelter Operations/Services $75,000.00 County TOTAL ESG CONTRACTS $570,047.00 All figures have been rounded to the nearest dollar for presentation purposes. These programs are available in ALL COUNCIL DISTRICTS. http://apps.cfwnet.org/council_packet/Mc review.asp?ID=27163&councildate=8/6/20.19 8/12/2021 M&C Review Page 6 of 6 FISCAL INFORMATION/CERTIFICATION: The Director of Finance 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 Operating Federal Fund. These are reimbursement grants. The Neighborhood Services Department has the responsibility to validate the availability of funds prior to an expenditure being made. 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 Year (Chartfield 2 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Sonia Singleton (5774) Additional Information Contact: Barbara Asbury (7331) Sharon Burkley (5785) ATTACHMENTS 19NS Action Plan 2019-20 21001 AO.docx HUD 2019-2020 AP Selected Slides.pptx http://apps.cfwnet.org/council_packet/mc review.asp?ID=27163&councildate=8/6/2019 8/12/2021