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Home My WebLink AboutContract 53217-R2A2 CSC No.53217-R2A2 RENEWAL TWO AND AMENDMENT TWO TO CITY OF FORT WORTH CONTRACT NO. CSC #53217 BETWEEN THE CITY OF FORT WORTH AND FCM PROPERTIES, LLC 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 FCM Properties, LLC ("Landlord"), acting by and through its duly authorized representative, Tornmy Hatley, 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. 53217 (the "Agreement"); WHEREAS, the Agreement's initial term was from July 1, 2019 to June 30, 2020 and allowed for annual renewals upon agreement of the fatties; WHEREAS,the Agreement included specific provisions regarding the rights and obligations of the Parties; WHEREAS,the Parties agree to renew and amend the Agreement as specified below. NOW THEREFORE City and Landlord do hereby agree as follows: I RENEWAL OF AGREEMENT The parties agree to renew the term of the Agreement for an additional one year-term, consistent with the tenant's existing lease, beginning July 1, 2021 and expiring June 30, 2022 unless earlier terminated in accordance with the terms of the Agreement, II AMENDMENT TO AGREEMENT The following terms are hereby amended to replace the referenced terms in the Agreement and shall be binding and enforceable as if they were originally included therein. The first three paragraphs of Section 3.2 Rent and Amounts Payable by City shall be amended and replaced as follows: 3.2 Rent and Amounts Payable City The City has been notified that the Tenant's Total Rent during the Initial Term is $1065.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during the second renewal term, July 1, 2021 and expiring June 30, 2022("First Renewal Term") is$1200.00 per month for the Unit. CSC No.53217 Renewal Two and Amendment Two Page 1 of 3 CoFW and FCM Properties,LLC The Tenant during the Initial Term, shall be responsible for $26.00 of rent per month for the Unit. The Tenant during the Second Renewal Term shall be responsible for $0.00 of rent per month for the Unit. During the Initial Term City shall pay$103 9.00 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$1200.00.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. 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,53217 Renewal Two and Amendment Two Page 2 of 3 CoFW and FCM Properties,LLC IN WITNESS WHEREOF,the parties hereto have executed this agreement, to be effective this 21" day of September 2021. FOR CITY OF FORT WORTH: FOR LANDLORD: C,- To--"Y, Fernando Costa(Nov 5,202114:54 CDT) Tommy Hatley(Nov 5,202113:43 CDT) Name: Fernando Costa Name: Tommy Hatley Title: Assistant City Manager Title: Landlord DateN ov 5,2021 Date: Nov 5, 2021 APPROVAL RECOMMENDED U > x�FORT�G�a a °°°o°oo°o'I �j� Name: Victor Turner p�� °oO�Y�� Title: Director 0�`0 0A� ° APPROVED AS TO FORM AND ATTEST: ,�°o° °o LEGALITY � °°°°°°°°° o� �5� �EXAsa� Name: Taylor Paris Name: Ronald Gonzales Title: Assistant City Attorney Title: City Secretary Date: Nov 8, 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. Name: Liza Bethea Title: Sr.Human Services Specialist OFFICIAL RECORD CSC No. 53217 Renewal Two and Amendment Two CITY SECRETARY CoFW and FCM Properties,LLC FT.WORTH, TX 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 Slates 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 Stales 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 adopted by the Community Development Council on May 12,2021. These Plan. Recommendations for award amounts were considered and 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-Revlew, 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. rvices in accordance h federal eld two Any comments received are maintained by the citizen participation flesttpublic hearing was held by staff onregulations. July 14. 021 hand the public hearings as part of the HUD requiredp 2021. second public hearing is scheduled for the City Council meeting on August 3, A summary of staffs final funding recommendations will provided below and In ed HUD by Tables st1,2 and 3. A spreadsheet of funding recommendations is also attached. The 2021-2022 Annual Action Plan 021. 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 Clty'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 amount s o $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 • Public Services -$1,121,591.00: Includes social services for low- and moderate-Income persons, persons with disabilities, and disadvantaged persons :Includes• Housing Programs-$2,848,219.00 for seniors and)persons sons with disabilities, ndarelated r � project delivery cost forrthe a programs housing services,accessibility modifications • Major Protects-$2,012,009.00: Includes funding for Southside Community Center improvements, eunche Park improvements, an Street/Sidewalk improvements • Administration-$1,495,456.00: Includes costs for administering the CDBG grant,Including allocations for the Financial Management Services and Development Services Departments o.• Estimated Program Income-$-i O not used fordes fundingup to$76,000,00 in l the Priority Repair Program will be allocated to priorty's Priority ity activities In he C y s Consorlidated Income over the estimated amount Plan,subject to City Council approval. HOME INVESTMENT PARTNERSHIPS PROGRAM he amount of For Program Year 2021-2022,It is recommendbe a located as follows$2 907,320.00 In HOME funds and an estimated amount of$75,000.00 in HOME program income totaling$2,982,320.00 cost assistance for low-and moderate- Income Homebuyer Assistance Program-$600,000.00' Includes funding for down payment and closing. c income homebuyer llocated • Community Housing Development nt organizlations CHDO)8for affolydable housing projects.p o ects. Theselfunds willtbe us of ed by Housing ME funds aChannel to a Community Housing Development organizations to fund CHDO fora operating cost rental demolitiontreconstruction community-based affordable housing developmroject in the Polytechnic ent. Thesefunds City is costs will be ulsed by Housing operating costs to support community b Channel to support completion of the multifamily rental demolitlonlreconslruction project. All housing developed with These funds will be so ld 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 and as funding for the Homebuyer e • ncl HOME program Income towards he Assistance of admini erring h HOME grant. HOM1E program Estimated Program Income-$76 000.00:I HUD allows the City to use 10 percent y Income over the estimated amount notused drfor the Homebuyer Assistance Program will be allocated to priority activities in the Ciiy s Consolidated Plan,subject to City Councilpp l. HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS the amount of$1,904,234.00 in HOPWA funds be allocated as follows: For Program Year 2021-2022,It Is recommended that • Public Service Agencies-$1,14B,627.00 • Neighborhood Services Department/Community Action Partners-$698,480.00 • Administration-$57,127.00 EMERGENCY SOLUTIONS GRANT t the amount of$632,124.00 In ESG funds be allocated as follows; For Program Year 2021-2022,it Is recommended the • 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 Community Development Block Grant Contracts TABLE 1:CDBG AGENCIES (AGENCY ILROGRAM j AMOUNT AB Christian Learning Center After School Tutoring $85,000.00 AB Christian Learning Center Summer Reading Program $65,303.00 Artes de la Ros IlArtes Academy $60,000.00 Big Brothers Big Sisters Lone Star Mentor 2.0 @ Young Man's Leadership $50,000.00 Academy 1BIg Brothers Big Sisters Lone Star Mentor 2.0 @ Young Women's Leadership $50,000.00 Academy Boys&Girls Clubs of Greater Tarrant County,Inc.IlAfter School Program $60,000.00 United Community Centers,Inc. JjEducatlonal Enrichment $100,000.00 Family Pathfinders of Tarrant County 11FInancial Capability Program $50,000.00 The Ladder Alliance JjComputer Skills Training $70,000.00 Housing Channel Homebuyer Education and Housing $125,000.00 Counseling Services Meals-On-Wheels,Inc,of Tarrant County Home-Dellvered Meals $116,288.00 Guardianship Services,Inc. 11FInancial 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 Fort Worth Area Habitat for Humanity, Inc. DBA Cowtown Brush Up Paint Program $456,000.00 Trinity Habitat for Humanity Fort Worth Area Habitat for Humanity, Inc. DBA Preserve-A-Home Program (Como $400,000.00 Trinily Habitat for Humanity Neighborhood Improvement Strategy) CDBG Subreciplent Agencies Total $970,000.00 TOTAL CDBG CONTRACTS $2,091,591.00 Housing Opportunities for Persons With AIDS Contracts TABLE 2:HOPWA AGENCIES AGENCY 11PROGRAM AMOUNT T a r r a n t C o u n t y Supportive Services; Facility-Based Housing Operations;Tenant- $845,765.00 Samaritan Housing,Inc. Based Rental Assistance;Administration AIDS Outreach Center, Short-Term Rent, Mortgage, and Utility Assistance; Supportive $302,862.00 Inc.* Services;Administration 11 TOTAL HOPWA CONTRACTS11$1,148,627.0011 *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 11PROGRAM AMOUNT The Presbyterian Night Shelter of Tarrant County,Inc. Shelter Operations/Services 11 $130,315.00 Lighthouse for the Homeless DBA True Worth Place Shelter Operations/Services $177,000.00 The Salvation Army Homelessness Prevention $106,440.00 Center for Transforming Lives Rapid Re-Housing $100,000.00 SafeHaven of Tarrant County , Sheller Operations/Services $70,960.00 TOTAL ESG CONTRACTS $584,715.00 All figures have been rounded to the nearest dollar for presentation purposes. These programs are available In ALL COUNCIL DISTRICTS, FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds will be available In the current operating budget,as appropriated,In the Grants Operating Federal Fund.The Neighborhood Services Department (and Financial Management Services)will be responsible for the collection and deposit of funds due to the City.Prior to an expenditure being Incurred,the Neighborhood Services Department has the responsibility to validate the availability of funds.This is a reimbursement grant. Submitted for City Manager's Office by: Fernando Costa 6122 Originating_BusinessUnitHead: Victor Turner 8187 Additional Information Contact: Sharon Burkley 5785 Sean Stanton 5811