HomeMy WebLinkAboutContract 56212-R1A1 CSC No.56212-RlA1
RENEWAL ONE AND AMENDMENT ONE TO CITY OF FORT WORTH
CONTRACT NO. CSC # 56212
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 23, 2021,the City entered into an agreement with the Landlord for
rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 56212 (the
"Agreement");
WHEREAS, the Agreement's initial effective term was from May 1, 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 11,2022 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 $1120.00 per month for the Unit.
The Tenant during the First Renewal Term shall be responsible for $303.00 of rent per
month for the Unit.
OFFICIAL RECORD
CSC No.56212 Renewal One and Amendment CITY SECRETARY
One Heritage Equities dba Waterdance
Apartments, 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 $817.00. 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. 56212 Renewal One and Amendment Page 2 of 4
One Heritage Equities dba Waterdance
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.56212 Renewal One and Amendment Page 3 of 4
One Heritage Equities dba Waterdance
Apartments,
IN WITNESS WHEREOF,the parties hereto have executed this agreement,to be effective this 11"'
day of January 2022.
FOR CITY OF FORT WORTH: FOR LANDLORD:
/L`I a a/
Ninfa alas(Feb 22,2022 08:20 CST)
Name: Fernando Costa Name: NINFA M. SALAS
Title: Assistant City Manager Title: Landlord
Date:Feb 22,2022 Date: Feb 22,2022
APPROVAL RECOMMENDED
Name: Victor Turner
Title: Director
APPROVED AS TO FORM AND ATTEST:
LEGALITY aq�4c`0R ���T
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Jannette S.Goodall(Feb 22,2022 19:08 CST) I °° °°°
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Name: Taylor Paris Name: Jannette Goodall ��o 0040,
Title: Assistant City Attorney Title: City Secretary 000 o
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Date: Feb 22,2022 ��� °° °°°°° ��
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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.
Tamara Jo es(Feb21,202215:58 CST)
Name: Tamara Jones
Title: Sr. Human Services Specialist
OFFICIAL RECORD
CITY SECRETARY
CSC No.56212 Renewal One and Amendment FT. WORTH, TX
One Heritage Equities dba Waterdance
Apartments,
M&C Review
CITY COUNCIL AGENDA_ FORS it
Create New From This M&C
DATE: 8/3/2021 REFERENCE M&C 21-0522 LOG NAME: 19NS 2021-2022 ACTION
NO.: PLAN
CODE: G TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: (ALL) Conduct Public Hearing and Approve the City's 2021-2022 Annual Action Plan
for the Use of Federal Grant Funds in the Amount of$13,070,952.00 to be Awarded by
the United States Department of Housing and Urban Development from the
Community Development Block Grant, HOME Investment Partnerships Program,
Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS
Programs, Authorize Collection and Use of Program Income, Authorize Execution of
Related Contracts, Authorize the Use of Fee Waivers as HOME Match, Adopt Attached
Appropriation Ordinance, and Authorize Waiver of Indirect Costs
(PUBLIC HEARING -a. Report of City Staff: Sharon Burkley; b. Public Presentations;
c. Council Action: Close Public Hearing and Act on the M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2021-2022 Annual Action Plan
for use of federal grant funds to be awarded by the United States Department of Housing and Urban
Development in the amount of$13,070,952.00 from the Community Development Block Grant, HOME
Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with
AIDS grant programs, and for the use of program income from activities using prior years' federal grant
funds;
2. Approve the City's 2021-2022 Annual Action Plan for submission to the United States Department of
Housing and Urban Development, including allocations of grant funds to particular programs and activities
as detailed below;
3. Authorize the collection and use of an estimated $75,000.00 of program income which is expected to result
from activities using prior years' Community Development Block Grant funds for the City's Priority Repair
Program;
4. Authorize the collection and use of an estimated $75,000.00 of program income which is expected to result
from activities using prior years' HOME Investment Partnerships Program grant funds for the City's
Homebuyer Assistance Program, and authorize the use of 10 percent of the program income for
administrative costs;
5. Authorize the City Manager or his designee to execute contracts for one year terms with the agencies listed
in Tables 1, 2, and 3 below for Program Year 2021-2022 for Community Development Block Grant,
Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant funds, contingent upon
receipt of funding, and satisfactory completion of all federal regulatory requirements;
6. Authorize the City Manager or his designee to extend the contracts for up to one year if an agency or
department requests an extension and such extension is necessary for completion of the program, or to
amend the contracts if necessary to achieve program goals provided any amendment is within the scope of
the program and in compliance with City policies and all applicable laws and regulations governing the use
of federal grant funds;
7. Adopt the attached Appropriation Ordinance increasing the estimated receipts and appropriations to the
Grants Operating Federal Fund in the total amount of $13,070,952.00 consisting of $7,477,274.00 in
Community Development Block Grant funds, $2,907,320.00 in HOME Investment Partnerships Program
grant funds, $632,124.00 in Emergency Solutions Grant funds, and $1,904,234.00 in Housing Opportunities
for Persons with AIDS grant funds, plus estimated program income in the amount of$150,000.00, all
subject to receipt of such funds; and
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8. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 18.73\%, estimated total
of $303,276.16.
DISCUSSION:
The City's 2021-2022 Annual Action Plan summarizes the major housing and community development
activities and proposed expenditures for the program year beginning October 1, 2021 and ending September
30, 2022 for use of federal grant funds totaling $13,070,952.00 from the United States Department of Housing
and Urban Development (HUD) from the Community Development Block Grant (CDBG), HOME Investment
Partnerships Program (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons
with AIDS (HOPWA) grant programs. It also summarizes the use of program income resulting from activities
using prior years' CDBG and HOME funds, the primary purpose of which is to benefit low-and moderate-
income persons in Fort Worth. ESG funds primarily benefit homeless persons, and HOPWA funds primarily
benefit low- and moderate-income persons with HIV/AIDS.
Staff developed initial recommendations for the allocation of the estimated funding from HUD based on prior
years' funding levels. Two public hearings were held on April 14, 2021 and May 12, 2021 to provide citizens
the opportunity to participate in the development of the Annual Action Plan. Recommendations for award
amounts were considered and adopted by the Community Development Council on May 12, 2021. These
funding recommendations were presented in City Council Work Session on June 22, 2021.
A 30-day public comment period was held from July 1, 2021 to July 30, 2021. Notice of this public comment
period was published in the Wise County Messenger and Glen Rose Reporter on June 25, 2021; in the
Cleburne Times-Review, Hood County News, and Weatherford Democrat on June 26, 2021; in the Fort Worth
Star-Telegram on June 27, 2021; and in La Vida News on July 1, 2021.
Any comments received are maintained by the Neighborhood Services Department in accordance with federal
regulations. The City held two public hearings as part of the HUD required citizen participation process. The
first public hearing was held by staff on July 14, 2021, and the second public hearing is scheduled for the City
Council meeting on August 3, 2021.
A summary of staffs final funding recommendations is provided below and in Tables 1, 2, and 3. A
spreadsheet of funding recommendations is also attached. The 2021-2022 Annual Action Plan will be
submitted to HUD by August 15, 2021.
Indirect costs totaling approximately $354,132.42 could be charged to these grants, as the Neighborhood
Services Department indirect cost rate is 18.73\% in the City's most recent Cost Allocation Plan. A waiver of
these costs is requested to allow allocation of these funds to further support the programs and services to
assist low-to-moderate income citizens.
COMMUNITY DEVELOPMENT BLOCK GRANT
For Program Year 2021-2022, it is recommended that the amount of $7,477,274.00 in CDBG funds and an
estimated amount of$75,000.00 in CDBG program income totaling $7,522,274.00 be allocated as follows:
Public Services - $1,121,591.00: Includes social services for low- and moderate-income persons, persons with
disabilities, and disadvantaged persons
Housing Programs - $2,848,219.00: Includes funding for the City's Priority Repair Program, Cowtown Brush-Up,
homebuyer and housing services, accessibility modifications for seniors and persons with disabilities, and related
project delivery costs for these programs
Major Projects - $2,012,009.00: Includes funding for Southside Community Center improvements, Bunche Park
improvements, and Street/Sidewalk improvements
Administration - $1,495,455.00: Includes costs for administering the CDBG grant, including allocations for the
Financial Management Services and Development Services Departments
Estimated Program Income - $75,000.00: Includes up to $75,000.00 in funding for the City's Priority Repair
Program. Any CDBG program income over the estimated amount not used for the Priority Repair Program will be
allocated to priority activities in the City's Consolidated Plan, subject to City Council approval.
HOME INVESTMENT PARTNERSHIPS PROGRAM
For Program Year 2021-2022, it is recommended that the amount of $2,907,320.00 in HOME funds and an
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estimated amount of$75,000.00 in HOME program income totaling $2,982,320.00 be allocated as follows:
Homebuyer Assistance Program - $500,000.00: Includes funding for down payment and closing cost assistance
for low- and moderate-income homebuyer
Community Housing Development Organizations - $1,116,588.00: HUD requires that a minimum of 15 percent of
HOME funds be allocated to Community Housing Development Organizations (CHDOs) for affordable housing
projects. These funds will be used by Housing Channel for a multifamily rental demolition/reconstruction project
in the Polytechnic neighborhood. The City is also authorized by HUD to fund CHDO operating costs to support
community-based affordable housing development. These funds for operating costs will be used by Housing
Channel to support completion of the multifamily rental demolition/reconstruction project. All housing developed
with these funds will be sold to homebuyers making at or below 80 percent of area median income (AMI), set by
HUD.
Major Projects - $1,000,000.00: Includes funds allocated to the multifamily project to be developed by Fort Worth
Housing Solutions (FWHS) as a part of its Choice Neighborhood Initiative (CNI) grant.
Administration - $290,732.00: Includes costs for administering the HOME grant
Estimated Program Income - $75,000.00: Includes funding for the Homebuyer Assistance Program and HOME
grant administrative costs. HUD allows the City to use 10 percent of any HOME program income towards the cost
of administering the HOME grant. HOME program income over the estimated amount not used for the
Homebuyer Assistance Program will be allocated to priority activities in the City's Consolidated Plan, subject to
City Council approval.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For Program Year 2021-2022, it is recommended that the amount of $1,904,234.00 in HOPWA funds be
allocated as follows:
Public Service Agencies - $1,148,627.00
Neighborhood Services Department/Community Action Partners - $698,480.00
Administration - $57,127.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2021-2022, it is recommended that the amount of$632,124.00 in ESG funds be allocated as
follows:
Public Service Agencies - $584,715.00
Administration - $47,409.00
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that contracts
be executed with the listed agencies for the amounts shown in the following tables.
Community Development Block Grant Contracts
TABLE 1: CDBG AGENCIES
AGENCY IPROGRAM AMOUNT
AB Christian Learning Center IAfter School Tutoring $85,000.00
AB Christian Learning Center 11surnmer Reading Program 1 $65,303.00
Artes de la Rosa IArtes Academy $60,000.00
Big Brothers Big Sisters Lone Star Mentor 2.0 @ Young Men's Leadership $50,000.00
Academy
Big Brothers Big Sisters Lone Star Mentor 2.0 @ Young Women's $50,000.00
Leadership Academy
Boys & Girls Clubs of Greater Tarrant County, After School Program $60,000.00
Inc.
United Community Centers, Inc. Educational Enrichment $100,000.00
Family Pathfinders of Tarrant County Financial Capability Program $50,000.00
The Ladder Alliance IlComputer Skills Training $70,000.00
Homebuyer Education and Housing IF I
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IHousing Channel Counseling Services $125,000.00
Meals-On-Wheels, Inc. of Tarrant County Home-Delivered Meals 11 $116,288.00
Guardianship Services, Inc. Financial Exploitation Prevention $70,000.00
Center
The Presbyterian Night Shelter of Tarrant Case Management for Homeless $145,000.00
County, Inc.
The Salvation Army Red Shield Emergency Shelter $75,000.00
CDBG Public Service Agencies Total $1,121,591.001
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 $455,000.00
Trinity Habitat for Humanity
Fort Worth Area Habitat for Humanity, Inc. DBA Preserve-A-Home Program (Como
Trinity Habitat for Humanity Neighborhood Improvement Strategy) $400,000.00
CDBG Subrecipient Agencies Total $970,000.00
TOTAL CDBG CONTRACTS $2,091 591.0 0
Housing Opportunities for Persons With AIDS Contracts
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TABLE 2: HOPWA AGENCIES
AGENCY —�PROGRAM AMOUNT
Tarrant County Supportive Services; Facility-Based Housing Operations; $845,765.00
Samaritan Housing, Inc. Tenant-Based Rental Assistance; Administration
Inc S Outreach Center, Short-Term Rent, Mortgage, and Utility Assistance; Supportive $302 862.00
AID* Outre Services; Administration '
TOTAL HOPWA CONTRACTS $1,148,627.00
*The City has identified a potential conflict of interest under the HOPWA Regulations related to this award and
is in the process of seeking a waiver of the conflict of interest from HUD. A contract will not be executed with
AIDS Outreach Center, Inc. unless and until the City receives approval from HUD. In the event the City does
not receive approval, an amended Action Plan will be submitted, as necessary, to address the reallocation of
the funds.
Emergency Solutions Grant Contracts
TABLE 3: ESG AGENCIES
AGENCY PROGRAM AMOUNT
The Presbyterian Night Shelter of Tarrant County, Inc. Shelter Operations/Services $130,315.00
Lighthouse for the Homeless DBA True Worth Place IShelter Operations/Services $177,000.00
The Salvation Army Homelessness Prevention $106,440.00
Center for Transforming Lives JjRapid Re-Housing 1 $100,000.00
SafeHaven of Tarrant County Shelter Operations/Services 11 $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
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funds. This is a reimbursement grant.
TO
Fund Department Account Project Program Activity I Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
[Fund Department Account Project Program Activity Budget Reference# Amount
ID Year (Chartfield 2)�
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Victor Turner (8187)
Additional Information Contact:
Sharon Burkley (5785)
Sean Stanton (5811)
ATTACHMENTS
19NS 2021-2022 ACTION PLAN 21001.doex (Public)
2021-2022 Action Plan MC FID Table.xlsx (CFW Internal)
Form 1295 2021-2022 Action Plan.}Ldf (CFW Internal)
HUD 2021-2022 Action Plan Budget-Selected Slides.g_df (Public)
Secretary of State Agency Listings 2021-2022 Action Plan.g_df (Public)
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