HomeMy WebLinkAboutContract 57105 CSC No. 57105
RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT
WORTH AND PROSPEROUS BEND_INVESTMENTS I, L1LC dba AVANTI ON
PIPELINE
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 j
Manager, and PROSPEROUS BEND INVESTMENTS I, LLC ("Landlord"), a Texas Limited
Liability Company, d/b/a AVANTI ON PIPELINE, acting by and through Madison Doerr, 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 Kabongo Kabuta ("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 3015 W. Pipeline Rd,Euless TX 76040("Unit"), as more fully described in Exhibit A.
2. TERM.
This Agreement shall begin on October I$,2021 and expire on October 17,2022 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 OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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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
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 fr0111 the Unit.
3.2 Rent and Amounts Payable by City
The City has been notified that the Tenant's Total Rent during the Initial Term is $1090.00 per
month for the Unit.
The Tenant, during the laitial'Merin, shall be responsible for$0.00 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 $1090,00 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
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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.
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 finds 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 1f 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 RE,QUMEMLNT
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.
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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
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 ITUD) 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.
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r
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 C ity 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 LLABILITY-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),
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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 RIND 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)ANDIOR PERSONAL INJURY,INCLUDING DEATH, TO
ANYAND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
TO THE EXTENT CAUSED BY THE NEGLIGENTACTS OR OMISSIONS OR MALFEASANCE OF
LANDLORD,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES
LANDLORD ACKNOWLEDGES AND 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 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 WIT11 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.
115. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determ ined 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:
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To CITY: To LANDLORD:
City of Fort Worth Madison Doerr
Attn: Fernando Costa,Assistant City Manager Assistant Community Manager
200 Texas Street Avant! On Central
Fort Worth, TX 76102-6314 Avanti On Pipeline
Facsimile:(817)392-8654 805 Central Drive
With copy to Fork Worth Neighborhood Services Bedford, TX 76022
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.
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.
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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.
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 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
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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)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples to be
effective as of the 18"'day of October 2021.
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing 1 acknowledge that 1 am the person
responsible for the monitoring and administration of
By: this contract,including ensuring all performance and
Name: Fernando Costa reporting requirements,
Title: Assistant City Manager
D71 Feb 9,2022
att✓: By 1-059'etho Feb 7,202216:28 CST)
Name: Liza Bethea
APPROVAL RECOMMENDED: Title: Sr. Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
By: Uum`
Name: Victor Turner c�
Title: Director, By,
Neighborhood Services Department Name: Taylor Paris
ATTEST: Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 21-0522
7G',l'iyG�',T C,�7�CG ,dovn�n
By: Jannette S.Goodall(Fe' 10,202213:03 CST) �d F0Rr��aa
J : °`00000*1-0�-4ol
Name: Jannette Goodall o o ',Title: City Secretary Pao0��o00 *Al
nEXASq�p
LANDLORD:
ATTEST:
By: jeffiifer Doerrhfp6 7,2022 13:44 CST)
Name: Madison Doerr By:
Title: Authorized Representative Name:
Date:
Feb 7,2022 Title:
OFFICIAL RECORD
Rental Assistance Landlord Agreement CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
Copy of Tenant's Lease
Landlord Services Agreement—Exhibit A Page l l of 12
Landlord Services Agreement—Exhibit C Pagc 12 of 12
;lty of Vort Worth,Texas
gayor and Council Communication
]W'E; OBID3121 M8,0 FILE NUMBER: M&C 21-0622
LOG NAME: JoNs 2o21-2022 ACTION PLAN
SUBJECT
tAI.L)Conduot P6110 Hearing and Approve the Clty's 2021-2022 Annual Ae110n Plan for tho Use of Federal Grant Punds In the Amount of
13,07o,882A0 to ba Awarded by the United stakes t]apartmenl of Housing and Urban Development from the community Development Block
Grant,HOME Investment Partnarshlpe Program,l✓rnerganoy BoWtlons grant,and Housing opporlunitles for Persons with AIDS Prograrne,
Authorize colleotlon and Use of Program Income,Authorize Execution of Related Contraols,Authorize the Uea-of Pee Waivers as HOME Match,
Adapt Attaohad Approptlatlon Ordinance,and Authorize Waiver of Indirect Costs
(PUBLIC HEARING -n,Report of City staff;Sharon Burklay;b,Public Presentellons;o,Council A❑lion, Cloea Public Hearing and Act on the
M&C)
RE.cOMrnF.HDATioN
it la recommended that City Counall;
1, Conduct a publlo hearlrg to allow citizen Input and consideration of the Clty'e 202-1.2022 Annual Aukton Flan for use of federal grant funds to
be uWarded by the Unlled Skates Dbpartmontof Housing and Urban Development 1n the amount of$13;070,962,00 from the Community
Usvalopmentl3loek Grant,HOME investment Pertnerahlpa Program,Emergenoy sokullons Grant,and Houaing Opportunitlas for Persona
with AIDS grant programs,and for the use of program Income from activities using prloryears'fedarsl grant funds;
2, Approve the Clty's 2021-2022 Annual Action Plan for submission to the United Statas papariment of l-lom&g and Urban Development,
lnnluding allacatlons of grant funds to particular programs and sottvlttes as detelled below;
3. Authorize the pulleotlan and use of an astlrnaked$76,000,00 of program Income which Is expected to roouit from acllvitles using prior years'
Community Developrriaht 13100k Grant funds for the Clty's Priority Repalr Wagram;
4, Authorize the colleotlon and use of an estimated$16,000,00 of program Income which is expected to result from aogvltlss using prior years'
HOME inveslmentpartnerahlpa Program grant funds for the Clty's Homebuyer Aeslatenoa Program,and authorize the use of 10 percent of
the program Income for admInletrative,caste;
0, Authorize the City Manager or his destgnae to execute contracts for one year t.wme with the agencl as listed In Tables 1,2,end 3 below for
program Year 2021.2022 for Community Davelopmentl3lock Grant,Emergenoy Solullone Grant,end Houaing Opporlunlltee fur Persona
with AMS grant funds,contingent upon roostpk or funding,and ealWaatory cumpletCan of all 165dwal regulatory requlremonte;
U. Authorize iha Cily Manager or his designee to extend the oonlrao;B for up to one year 11 an aganoy or department requests an extension and
suoh exWrslcn 1a necessary for completion of the program,or to amend the contracts If necessary to achieve program goals provided any
amendment 16 within the swop❑of the program end In compllanco with Clty pollolos and all applicable laws and regulations governing the use
of federal grant funds;
7, Adopt the aliaohed Approprlailon Drdhenee InoraaBing the estimated receipts and appropriations to the Grants Cperating Federal Fund In
the total amount of$13,070,062.00❑❑nelsting of$7,477,274.00 In Community development Block Grantfunda, In HOME
I,vestment rain oraNps Program grantfunds,$e32,124,00 In Emergency Solutions Grunt funds,and$1,904,234.00In Housing
Opporlunitles for Persons with AIDS grant Nods,plus estimated program ivoome In the amount of$150,000.00,oil subject to receipt of such
funds;and
B. Authorize a waiver of Iha i4olghborh❑od Services Department Indlreoi oust rate of 18-73%,esflmatad total of$303,278,1 ti,
S 10 Z=1
`The C11y`s 2021-2022 Annual A❑llon Plan surnmarizos the major housing and community development activities and proposed expenditures for the
program year beg{nning octobar 1,2021 end ending September 30,2022 for use of federal grant lulids totaling$13,070,862,0o From the Unitod
Skates t0eparimant of Mousing and Urban Development(HUD)from the community t)svelo rnent Sloop Grant(CDBCa), HOME Investment
Parinerehlps program(HOME),Emergenoy Solutions Grant(Esc),and Houeing Opporiunitlae for Persons with AIDS(HOpWA)grant programs.
It also summar17oa the use of program Income resulting from activlllse using prior years'CD13G and HOME[unds,the primary purpose of which 1s
to benefit low-and moderate-Income persona In Fart W❑dh. RSG funds prlmarlly benefit horneless parsons,and HOPWA funds primarily benefit
tow-and moderate-lnaorne,pereane with HIVIAIDs.
Staff developad 1 iNI reacmmendatl❑ns for the allooellon of the estimated funding from HUD based on prior years'fundtng levels, 'two publlo
howinge were held on April 14,2021 and May 12,2021 to provide oliizene the apperlunity to partidpato In the development of the Annual Action
Plan, Kmommondatlone for award amounts were considered and adopled by the Communlly 09veloprnent aounall on May 12,2021, These
funding recommendatlons were presented In city Council Work Soeslon on June 22,2021,
A 30.dny public comment pBrtod was hold from July 1,2o2i to July 30,2021, Notice or this pub1l❑comment period was published In the Wrse
County Messenger and Glen Rocs Reporter on June 26,2o2.1;In the c)ab=e Times-Ravlow, Hood County News, and Weatherford Demoorat
❑rr,June 2e.2021;In the Fort Worth Star 7etsgrar»011 June 27,2021;end In La Vfda News on July 1,2021,
federat
otty hold
wo
rornmanta reaelved are malntalned by the Nelghborh
cod Bervioea Uepartmenl In acoordanca W� held by stafflon July 1d�2 ,and the
Etc hearings ae part of the Hot)requtr d cift ut�till fipalpation tng oflP goat 3 20211'ret public hearing
and public hearing la scheduled for the city
e dattons is provided beloW and In`ablest 1g'2D2 and b, A apreadshret❑f funding rearmmgr�datlona e
ummary rl etah's float funding reaomm n BUD by
o ahsohed, The 2029-2o22.Annual Aotlott Plan wlll lea submltta 10 these gAa g6ga9 the NelghboThoo of Services 098e funds lofur60k CCost
ratsupport
ilreot ooala totaling approXlrnately$354,t�2,42 could be charged
walqer Of
J 3,7
3°la In the 041y's mast recent Cost Allflaatlon ellri ome citizens these Goats is requoaked to allow allocation
c programs and seNlree to aealat low�to moderal
;OAMUNITY DvaoPMEN•T t3l,oQK GRAN
oao,4a In
a mandsd that the amount of$7,477,274,00 In Cf]T3O f ands and an estimated amount of$76,
'of progfemYear20 e trick, Ills 622,274.00 be ailoaatod as Poll❑wst ereonB Wlth dlasbliltlee,and
�pSo program totaling$7, arsons, p
• Public Servlaea-$l,�Z�,513�•40; Includes eariel servlaes for law-and moderate-Income p er and housing
's Priority Repair Program,Cowtown Brush-Up,h❑mebuy
dlsadvantsggd persons Conte for these pr❑crams
srarn9 with dl9abllltiea,anda� lar Amp�avemlanis, 13unphe Park lmprrvemenka,and
. biaustng Programs'$2'odjtloat cns far samara and P far he C Y
aervlras,%Ccasalb0ty m Management
• M9Jor prrysrts-$2,4'I2,afls.0o: includes funding far Boulhslde Common ty
5lrasUBldewalkimprovementa the Go
grant,Including allooallona for the Finsaclel
• Adminlekratlrn-$1,496 455,00;includes orate for admtnistering cQBG program
5ervloes and 17avelrpment Services Dopartm$nta
Y p Any
a income� rvices D,4Ql lrtoludos up to$76,000,40 In funding for the Gtty'e priority lZe air program,
Eattma tad program t e prlorRy Repair program NM be r311aoatsd to ptlarlky aativltles in the Clly'a Cbnsolldated
Income
Plan,subieottooMY Ccunoli pprovatotuaed for
HOIvIL 1NVES"fMeh'C pARYyygRsK 1' �,907,32A0 In HCM1~funds and an estimated amrUnt of$71i,g00,o0 n
Bt
l�o amount of
For Program Year 2021-2022,
totallrt It Is Q comet 00 be atlloat led as folio"-'
HOME,Program Inorm a meat and olasing cost asslatends for low-and moderate
Hamebuyer Aselstanra Program-$60%000,Do; Includes funding far down p y arcont of HOME funds be allocated
Income hamebuyeT arts, 'These funds will Iie used by Nouaing
Channel
Housing Development Organlzat,dpsns Cb1QC)f°4aN affordable houaingap;af ln4mum a p HCusinB
+ Community a❑sls will be used by
ommunll blousing nevglopmenk nial.w x ( se funds for operaking l}I be sold
G Y o ion rc�eal to the Polykeohnla nelghborh❑e d, Tha City la also authrrlxed by HUD to find C �
to deveto ment, Th
for a multifamily rgntat demolltlonlraoanakru P housing developed with Ihsse funds
OR erating oosk9 to support community-based affordable ttouaing p
sal by F1UQ 5aiullans(FWHC)
net lG support aomplettarr of kh$multlfamlioyf enta madlentllnCome(AMI),Butjan Yr `I at devlelopad by Fari Wohh blousing
Chan ro col to b
to hrmsbuyers malatng at or below BO peroen ,
Major Projeols•$1,OOt],a0 boshaoidlnttietive(Cea funds 1NI)grantp tha mUlLlFamlly p E ranladminlsttallve Costs,
as a pari of its Chalaa 3J lg
. Admin}stratlan-$29n,'�32,00;includes a❑ate far adminlstering the HCMP Oran the OME.grant. HOME~program
inoc nd towards the oral of ltl be latorca ad to prlority aotivtiiea In-the Ckty's
o ram It73q"e-$76,00o,00,includes funding for the Homabuyer AealatanCf 1 mi ist and C g
. �stlmated Pr e HOME Program
BUD atlows tho City to use �n peUM n of any
frtoome over the esllrnated amouCaunoll appr�`e Homebuy$r Aastatanae Program w
.Ooneclldaked plan)aubjert to My
vjoaNG DPPOR'TUNITiEG p01R PER5r3bl a Wl`fH,4tf3S
422 it s ount❑t$'i,g04,234,00 in HOPVVA funds be allocate
i d as failnwa;
recommanded that the am
ForPragrarnYesr202� 2 ' ,
PUblly 5eNlae Agannlea�$•{,948,82 .0
��a,4an,Da
Ne%hbunccad SQVIoss pepertmcniJCommuniky Aatlon Partners-$
, Adminlatrettan-$67,'127,v0
5MVRG8t4CY sol-LITIPNS O'R,4f3 f
2
For
Program Year 02j�2022,It la recommended that the amount at$ea2,12.p.a0 In 1�sC funds be aliaoaled ae Foltowa;
Publlo 5arvlae Agsnalaa-$6e417'6,OQ
Adminlstrallort�$47,409,00
OONT AV RRO MMENoATIQNs
d Nei
hbothrrd 6ervloae Department staff reeommBnd that Contracts be axeruked withthe lla ec
`the Camtnuntty Development Counotil an tabiea,
egenalaa far lha amounts shown In the followtng
,,n�tv Devaiopmsnt Stock Grant COI'tracts
' 1
lgures have boon rounded to the naareet dollar for presentallon pufpesaal Those programs are'avallabie In ALL COUNCIL,DISTRICTS,
MAU I CA
iunda
The Nreotor of Flnanae creates that upon approval Of the above
inot the granletbpe ating FeIons and dle4al tj fund The taal�lh the atteahad b thaodtServlaeaon aDeparlment
wM ba av;i able In the current operaling budget,as appraprt
(and alal Mamba hondtServlces balpsrtmanphuelthe responAllltylto v lldsto the avallablllty of fu dal Th g Is.PrIor to an
being
be grant
Innurredred,L the�felgh
subrnlited forC t a e 1 FornandD Costa 0122
Or tt a a e dl Vlakor tl�mer 8187 _
AddIt a or Ca t' Sharon Surktay 6785
seen Stanton 6811