HomeMy WebLinkAboutContract 56186-R1A1 CSC No.56186-RlA1
RENEWAL ONE AND AMENDMENT ONE TO CITY OF FORT WORTH
CONTRACT NO. CSC # 56186
BETWEEN THE CITY OF FORT WORTH AND HERITAGE EQUITIES dba
WATERDANCE APARTMENTS
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 HERITAGE
EQUITIES dba WATERDANCE APARTMENTS ("Landlord") acting by and through NINFA M. SALAS,
it's authorized representative, each individually referred to as a"party" and collectively referred to
as the"parties."
RECITALS
WHEREAS, on August 2019, the City entered into an agreement with the Landlord for
rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 56186 (the
"Agreement");
WHEREAS, the Agreement's initial effective term was from January 4, 2021 to
December 31, 2021 and allowed for annual renewals upon agreement 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 beginning
January 7,2022 to January 31, 2023 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 by City
The City has been notified that the Tenant's Total Rent during the first renewal term, ("First
Renewal Term") is $1032.00 per month for the Unit.
The Tenant during the First Renewal Term shall be responsible for $0.00 of rent per month
for the Unit.
OFFICIAL RECORD
CSC No.56186 Renewal One and Amendment
One Heritage Equities dba Waterdance CITY SECRETARY
Apartments,LLC FT. WORTH, TX
During Tenant's renewal term, and until either this Agreement expires or Landlord is
notified by City otherwise, the City Portion shall be $1032.00.00. 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 15, 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.56186 Renewal One and Amendment Page 2 of 4
One Heritage Equities dba Waterdance
Apartments,LLC
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.
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[SIGNATURE PAGE FOLLOWS]
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One Heritage Equities dba Waterdance
Apartments,LLC
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective this Vh
day of January 2021.
FOR CITY OF FORT WORTH: FOR LANDLORD:
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Fernando Costa(Jan 21,202210:23 CST) Nin�alas(Jan 21,2022 08:48 CST)
Name: Fernando Costa Name: NINFA M. SALAS
Title: Assistant City Manager Title: Landlord
Date: Jan 21, 2022 Date: Jan 21, 2022
APPROVAL RECOMMENDED
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Name: Victor Turner 0°°°°°°°°000 a
Title: Director pP.�►o° 00���
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APPROVED AS TO FORM AND ATTEST: �v° °=d
LEGALITY ���'�° °°°°�`d�
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J ette S.Goodall(Jan 21,2022 13 CST)
Name: Taylor Paris Name: Janette Goodall
Title: Assistant City Attorney Title: City Secretary
Date: Jan 21, 2022
Contract Compliance Manager: M&C No 21-0522
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.
Liz (Jan 21,202209:03 CST)
Name: Liza Bethea
Title: Sr. Human Services Specialist
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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One Heritage Equities dba Waterdance
Apartments,LLC
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Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTWORTH
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 20 9-2 20 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:
I. Conduct a public hearing to allow citizen Input and consideration of the Clty'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 walver 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 $200,000.0o for Everly Plaza
Apartments located at 1801-1821 8th Avenue and 1808 Hurley Avenue, find that the walver
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
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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 Clty's Priority Repair Program,
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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; Southslde Community Center, 959 E. Rosedale
Street, 76104; and North Trl-Ethnic Community Center, 2950 Roosevelt Avenue, 76106, Repairs at
the Worth Heights Community Center will also Include rehabilitation and reconflguratlon of an area
previously used as a dental cllnlc 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 Infiil
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 Inflll 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;
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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
Center After School Tutoring $85,000.00
AB Center
Learning Summer Reading Program
$45,000.00
Girls Incorporated of Youth Education, Prevention and
Tarrant County Leadership Program $70,000.00
Camp Fire First Texas After-School Program $45,000.00
Stop Six Church of
Christ Fort Worth Reads & Rights $45,000.00
United Community
Centers, Inc. Educational Enrichment $70,000.00
Aries de la Rosa Artes Academy
$45,000.00
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Goodwill Fort Worth Industries of Employment/Job Training
$90,000.00
Guardianship Services, Education to Prevent Financial
Inc. Exploitation of Elderly $70,000.00
Housing Channel Homebuyer Education and Housing
Counseling Services $125,000.00
The Ladder Alliance Employment/Job Training $70,000.00
Meals on Wheels, Inc, of
Greater Tarrant County Home-Delivered Meals $70,000.00
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
Housing, Inc. Rental Assistance TBRA, $671,499.00
Administration
AIDS Outreach Center, Short Term Rent Mortgage and Utility
Inc. Assistance, Supportive Services, $186,000.00
Administration
TOTAL HOPWA
CONTRACTS $867,499.0
TABLE 3: ESG AGENCIES
AGENCY PROGRAM AMOUNT
The Presbyterian Night
Shelter of Tarrant County, Shelter Operations/Services
Inc. $145,000.00
Lighthouse for the
Homeless Shelter Operations/Services $125,000.00
The Salvation Army Homelessness Prevention $125,047.00
Center for Transforming
Lives Rapid Re-Housing $100,000.00
SafeHaven of Tarrant
Count Shelter Operations/Services $75,000.00
TOTAL ESG
CONTRACTS $670,047.00
All figures have been rounded to the nearest dollar for presentation purposes.
These programs are available in ALL COUNCIL DISTRICTS.
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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
7un,7�lDmen, Pro�lram�Acliv,t�y
Year Chartfield 2
FROM
Fund Department Account ID ID t c Program Activity Budget Reference# Amount
Year Chartfield 2
Submitted for City Manager's Office boy: 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, tx
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