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HomeMy WebLinkAboutContract 58533-U CSC No.58533 RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT WORTH AND 1350 E. SEMINARY LLC This RENTAL ASSISTANCE LANDLORD AGREEMENT ("Agreement") is made and entered into 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 1350 E. Seminary LLC ("Landlord"), acting by and through Maria Rodriguez, 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, Tadese Hadgu ("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. 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 3-bedroom ("Lease"). The unit is located at 1350 E. Seminary Dr. #104 Fort Worth, TX 76115 ("Unit"), as more fully described in Exhibit A. 2. TERM. This Agreement shall begin on December 1, 2022 and shall expire on August 31, 2023, 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. OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Rental Assistance Landlord Agreement Page 1 of 13 3. COMPENSATION. 3.1 Security Deposit The Tenant shall pay a security deposit for the Unit to the Landlord in accordance with the Tenant's lease, attached hereto as Exhibit A. The Landlord will hold this security deposit during the period the Tenant 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 from 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$1,370.00 per month for the Unit. The Tenant, during the Initial Term, shall be responsible for$582.00 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 $788.00 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. Rental Assistance Landlord Agreement Page 2 of 13 Overpayments. If the City determines that the Landlord is not entitled to any payments received, in addition to other remedies the City may deduct the amount of the overpayment from any amounts due the Landlord, including the amounts due under any other Rental Assistance Agreement. 4. TERMINATION. 4.1. Termination of Tenancy: The Landlord may terminate its lease with the Tenant only as authorized by and through and following applicable state and local laws. The Landlord must give the Tenant at least 30 days' written notice of the termination and notify the City in writing within two business days of notifying the Tenant. This may be done by providing City with a copy of the required notice to the tenant. This Agreement shall automatically terminate on the date the tenant's lease terminates. 4.2 Termination of Landlord Services Agreement 4.2.1 Written Notice. The City may terminate this Agreement immediately in writing in the event that Landlord breaches this Agreement. City may also terminate this Agreement at any time and for any reason by providing Landlord with 30 days' written notice of termination. 4.2.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder,City will notify Landlord of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were 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. Rental Assistance Landlord Agreement Page 3 of 13 5.3 If the City determines that the Landlord is not meeting these obligations, the City shall have the right, even if the Tenant continues in occupancy, to terminate payment of the City's Portion of the Total Rent and/or terminate the Agreement without any cost or expense of any kind whatsoever to City. 6. FAIR HOUSING REOUIREMENT 6.1 Nondiscrimination. The Landlord shall not, in the provision of services or in any other manner, discriminate against any person on the grounds of age, race, color, creed, religion, sex, handicap, national origin, or familial status. The obligation of the Landlord to comply with Fair Housing and Civil Rights Requirements inures to the benefit of the United States of America, the Department of Housing and Urban Development, and the City, any of which shall be entitled to involve any of the remedies available by law to redress any breach or to compel compliance by the Landlord. 6.2 Cooperation in Compliance Reviews. The Landlord shall comply with the City and with HUD in conducting Fair Housing and Civil Rights and other applicable compliance reviews and complaint 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. Rental Assistance Landlord Agreement Page 4 of 13 7.3 The City's right and remedies for breach of this Agreement shall not be limited by any provision of this Agreement and City shall be able to seek all remedies available under any applicable laws. 8. NO THIRD PARTY BENEFICIARIES 8.1 The City does not assume any responsibility for, or liability to, any person injured as a result of the Landlord's action or failure to act in connection with the implementation of this Agreement, or as a result of any other action or failure to act by the Landlord. 8.2 The Landlord is not the agent of the City and this Agreement does not create or affect any relationship between the City and any lender to the Landlord, or any suppliers, employees, contractors or subcontractors used by the Landlord in connection with this Agreement. 8.3 Nothing in this Agreement shall be construed as creating any right of the Tenant or a third party (other than HUD) to enforce any provision of this Agreement or to assess any claim against HUD, the City or the Landlord under this Agreement. 9. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 9.1 Disclosure of Conflicts. Landlord hereby warrants to City that Landlord has made full disclosure in writing of any existing or potential conflicts of interest related to Landlord's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Landlord hereby agrees immediately to make full disclosure to City in writing. 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 Rental Assistance Landlord Agreement Page 5 of 13 the provisions of this section. City or HUD shall give Landlord reasonable advance notice of intended audits. This section shall survive the expiration or termination of this Agreement. 11. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Landlord shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Landlord shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers,agents, servants, employees, consultants and subcontractor. Landlord acknowledges that the doctrine of respondent superior shall not apply as between City, its officers, agents, servants and employees, and Landlord, its officers, agents, employees, servants, Landlords and subcontractors. Landlord further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Landlord. It is further understood that City shall in no way be considered a Co-employer or a Joint employer of Landlord or any officers, agents, servants, employees or subcontractor of Landlord. Neither Landlord, nor any officers, agents, servants, employees or subcontractor of Landlord shall be entitled to any employment benefits from City. Landlord shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractor. 12. LIABILITY AND INDEMNIFICATION. 12.1 LIABILITY- LANDLORD SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND 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), 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 ANYAND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LANDLORD'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS 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. Rental Assistance Landlord Agreement Page 6 of 13 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 WITH LAWS, ORDINANCES,RULES AND REGULATIONS. Landlord agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work performed at the Unit in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Landlord of any violation of such laws, ordinances, rules or regulations, Landlord shall immediately desist from and correct the violation. 15. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or(3)received by the other party by United States Mail,registered,return receipt requested, addressed as follows: To CITY: To LANDLORD: City of Fort Worth 1350 E. Seminary LLC Attn: Fernando Costa, Assistant City Manager Maria Rodriguez 200 Texas Street 1350 E. Seminary Dr. Fort Worth, TX 76102-6314 Fort Worth, TX 76115 Facsimile: (817) 392-8654 With copy to Fort Worth Neighborhood Services Department, Attention: Compliance Division at same address Rental Assistance Landlord Agreement Page 7 of 13 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. 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. Rental Assistance Landlord Agreement Page 8 of 13 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 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 Rental Assistance Landlord Agreement Page 9 of 13 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. 29. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL If Landlord has less than ten employees,this contract is for less than$100,000, or Landlord does not meet the definition of a"company"under the applicable section of the Texas Government Code,this provision shall not apply. Landlord acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Landlord certifies that Landlord's signature provides written verification to the City that Landlord: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. 30. PROHIBITION ON BOYCOTTING ENERGY COMPANIES Landlord acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and(2)will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,by signing this Agreement, Landlord certifies that Landlord's signature provides written verification to the City that Landlord: (1) does not boycott energy companies; and(2)will not boycott energy companies during the term of this Agreement. 31. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES Landlord acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms"discriminate,""firearm entity"and"firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord's signature provides written verification to the City that Landlord: Rental Assistance Landlord Agreement Page 10 of 13 (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2)will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. (signature page follows) Rental Assistance Landlord Agreement Page 11 of 13 ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and By: administration of this contract, including Name: Fernando Costa ensuring all performance and reporting Title: Assistant City Manager requirements. Date: Dec 5, 2022 APPROVAL RECOMMENDED: ByramaraJo es(Dec5,202209:50CST) Name: Tamara Jones Title:Neighborhood Program Coordinator By: APPROVED AS TO FORM AND Name: Victor Turner LEGALITY: Title: Director Neighborhood Services Department ATTEST: nL By: QQ FORT�QA e°o s wA Name: Jessika Williams= p°o hs A-+o a =d Title: Assistant City Attorney Aaaa nE4p54aa ,Tgnnofi fo S. Gooch// By: Jannette S.Gooda[[(Dec 5,202213:04 CST) CONTRACT AUTHORIZATION: Name: Jannette Goodall M&C: 22-0569 Title: City Secretary LANDLORD: Am%Q 0 kdd&L_z By: Maria D Rodriguez(Dec 5,20 09:46 CST) Name: Maria Rodriguez Title: Authorized Representative OFFICIAL RECORD Dec 5 2022 CITY SECRETARY Date: FT.WORTH,TX Rental Assistance Landlord Agreement Page 12 of 13 EXHIBIT A Copy of Tenant's Lease Rental Assistance Landlord Agreement Page 13 of 13 ./ This Lease is valid only iffilled out before January i,2024. 44 '11,WAS:31'Art'lhilati`I :445c1C:1A'i'If,N Apartment Lease Contract This is a binding contract.Read carefully before signing. This Lease Contract("Lease")is between you,the resident(s)as listed below and us.The terms"you"and"your"refer to all residents. The terms"we,""us,"and"our"refer to the owner listed below. PARTIES Residents Ta'dese Hadau, Yordanos Sebhat Owner Estrella Apartments Occupants Diyana Abraha, Simon Abraha Alexander Abraha LEASE DETAILS �r A.Apartment(Par.2) Street Address: 1350 E Seminary Drive 1350-104R Apartment No. 1350-104R City: Fort Worth State:TX Zip: 76115 B.Initial Lease Term.Begins: 12/01/2022 Ends at 11:59 p.m.on: 08/31/2023 C.Monthly Base Rent(Par.3) E.Security Deposit(Par.5) F.Notice of Termination or Intent to Move Out(Par.4) $ 1370.00 $ 0.00 A minimum of 60 days'written notice of termination or intent to move out required at end of initial Lease term or during renewal period Note that this amount does not D.ProratedRent include anyAnimal Deposit,which lithe number ofdays isn't filledin,notice ofatleast 30 days 0 would be reflected in an Animal is required. $ Addendum. ❑due for the remainder of 1st month or O for 2nd month G.Late Fees(Par.3.3) Initial Late Fee Daily Late Fee ® 10 %of one month's monthly base rent or O %of one month's monthly base rent for days or O$ O$ for_ days Due if rent unpaid by 11:59 p.m.on the 3rd (3rd or greater)day of the month H.Returned Check or Rejected J.Optional Early Termination Fee(Par.7.2) K.Animal Violation Charge(Par.12.2) Payment Fee(Par.3.4) $ 1275 Initial charge of$ 50.00 per animal(not $ 75.00 Notice of 60 days is required. to exceed$100 per animal)and You are noteligible for early termination if Adailychargeof$ 10.00 peranimal 1.Reletting Charge(Par.7.1) you are in default. (not to exceed$10 per day per animal) A relettin charge of$1181.50 Fee must be paid no later than 21 g g days after you give us notice (not to exceed85%of the highest d values are blank or"o,"then this section does monthlyRent during the Lease term) notapply. may be charged in certain default situations L.Additional Rent-Monthly Recurring Fixed Charges.You will pay separately for these items as outlined below and/or in separate addenda, Special Provisions or an amendment to this Lease. Animal rent $ 20.00 Cable/satellite $ Trash service $ Internet $ Package service $ Pest control $ Storage $ Stormwater/drainage $ Washer/Dryer $ Other: _ $ Other: $ Other: $ Other: $ M.Utilities and Other Variable Charges.You will pay separately for gas,water,wastewater,electricity,trash/recycling,utility billing fees and other items as outlined in separate addenda,Special Provisions or an amendment to this Lease. Utility Connection Charge or Transfer Fee:$ 50.00 (not to exceed$50)to be paid within 5 days of written notice(Par.3.5) Special Provisions.See Par.32 or additional addenda attached.The Lease cannot be changed unless in writing and signed by you and us. Apartment Lease Contract®2022,Texas Apartment Association,Inc. Page t of 6 LEASE TERMS •CONDITIONS 4. Automatic Lease Renewal and Notice of Termination.This Lease 1. Definitions.The following terms are commonly used in this Lease: will automatically renew month-to-month unless either party gives written notice oftermination or intent to move out as required by Par. 1.1. "Residents"are those listed in"Residents"above who sign the Lease and are authorized to live in the apartment. 25 and specified on page 1.If the numberofdays isn'tfilled in,no- lice of a!least 30 days is required. 1.2. "Occ upants"a re those listed in this Lease who are also autho- 5. Security Deposit.The total security deposit for all residents is due rued to live in the apartment,but who do not sign the Lease. on or before the date this Lease is signed.Any animal deposit will be 1.3. "Owner"may be identified by an assumed name and is the designated in an animal addendum.Security deposits may not be ap- owner only and not property managers or anyone else. plied to Rent without our prior written consent. 1.4. "Including"in this Lease means"including but not limited to." 5.1. Refunds and Deductions.You must give us your advance 1.5. "Community Policies"are the written apartment rules and notice of move out as provided by Par.25 and forwarding policies,including property signage and instructions for address in writing to receive a written description and care of our property and amenities,with which you,your itemized list of charges or refund In accordance with our occupants,and your guests must comply. Community Policies and as allowed bylaw,we maydeduct 1.6. "Rent"is monthly base rent plus additional monthly from your security deposit any amounts due under the recurring fixed charges. Lease.If you move out early orin response to a notice to 2. Apartment.You are leasing the apartment listed above for use as a vacate,you'll be liable for rekeying charges Upon receipt of private residence only. your move-out date and forwarding address in writing,the 2.1. Access.In accordance with our Community Policies,you'll security deposit will be returned(less lawful deductions) receive access information or devices for your apartment with an itemized accounting of any deductions,no later than and mailbox,and other access devices including: 30 days after surrender or abandonment,unless laws provide _ otherwise.Any refund may be by one paymentjointly payable to all residents and distributed to any one resident we choose, 2.2. Measurements.Any dimensions and sizes provided to you or distributed equally among all residents. relating to the apartment are only approximations or 6. Insurance.Ourinsurance doesn'tcover the loss ofordamage to estimates;actual dimensions and sizes may vary. yourpersonal property.You will be required to have liability insur- 2.3. Representations.You agree that designations oraccredi- ance as specified in our Community Policies or Lease addenda un- tations associated with the property are subject to change. less otherwise prohibited by law.Ifyou have insurance covering the apartment oryour personal belongings at the time you or we suffer 3. Rent.You mustpayyour Renton orbeforethelstdayofeach or allege a loss,you agree to require your insurance carrierto waive month(duedate)withoutdemand.Thereareno exceptions any insurance subrogation rights.Even if not required,we urge you regardingthepaymentofRent andyouagreenotpayingRenton to obtain your own insurance for losses due to theft,fire,flood,water, orbefore the lstofeach month isamaterialbreachofthisLease. pipe leaks and similar occurrences.Most renter's insurance policies 3.1. Payments.You will pay your Rent by any method,manner don't cover losses due to a flood. and place we specify in accordance with our Community 7, Reletting and Early Lease Termination.This Lease may not be ter- Policies.Cash is notacceptable withoutourprior written minated early except as provided in this Lease. permission.You cannot withhold or offset Rent unless 7,1. Reletting Charge.You'll be liable for arelettingchargeas authorizedbylaw.We may,at our option,require at any Re let ling Ch rge.Details, lI be I ablexceed 85%ottingfthe c hest time ent by pay Rent and other sums due in one single listedmonth) Rent duringthe Lease term if you:(A)fail tomove in, payment by any method we specify. or fail to give writte move-out notice as required in Par.25; 3.2. Application of Payments.Payment of each sum due is an (B)move out without paying Rent in full for the entire Lease independent covenant,which means payments are due term or renewal period;(C)move out at our demand because regardless ofour performance.When we receive money, of your default;or(D)are judicially evicted.The reletting other than water and wastewater payments subject to charge is not a termination,cancellation or buyout fee and government regulation,we may apply it at our option and does not release you from your obligations under this Lease, without notice first to any ofyour unpaid obligations,then including liability for future or past-due Rent,charges for to accrued rent.We may do so regardless of notations on damages or other sums due. checks or money orders and regardless of when theobl The reletting charge is a liquidated amount covering only dueu onourdema demansums d.Afteher r ate,went andonothave late fees part of our damages—for our time,effort,and expense in due upon our demand.After the due date,we do not have finding and processing a replacement resident.These to accept any payments. g p g p damages are uncertain and hard to ascertain—particularly 3.3. Late Fees.if we don't receive your monthly base rent in full those relating to inconvenience,paperwork,advertising, when it's due,you mustpay late fees as outlined in Lease Details. showing apartments,utilities forshowing,checking pros- 3.4. Returned Payment Fee.You'll pay the fee listed in Lease pects,overhead,marketing costs,and locator-service fees. Details for each returned check or rejected electronic You agree that the reletting charge is a reasonable estimate payment,plus initial and daily late fees if applicable,until of our damages and that the charge is due whether or not our we receive full payment in an acceptable method. reletting attempts succeed. 3.5. Utilities and Services.You'll payfor all utilities and services, 7.2. Early Lease Termination Procedures.In addition to your related deposits,and any charges or fees when they are due termination rights referred to in 7.3 or 8.1 below,ifthis provision and as outlined in this Lease.Television channels that are applies under Lease Details,you may terminate the Lease provided may be changed during the Lease term if the prior to the end of the Lease term ifall of the following change applies to all residents. occur.(a)as outlined in Lease Details,you give us written Ifyour electricity is interrupted,you must use only battery- notice ofearly termination,pay the early termination fee and operated lighting(no flames).You must not allow any specify the date by which you'll move out;(b)you are not in utilities(other than cable or Internet)to be cut offer default at any time and do not hold over;and(c)you repay all switched for any reason—including disconnection for not rent concessions,credits or discounts you received during the paying your bills—until the Lease term or renewal period Lease term.lfyou are in default,the Lease remedies apply. ends.If a utility is individually metered,it must be connected 7.3. Special Termination Rights.Youmayhave therightunder in your name and you must notify the provider ofyour move- Texaslaw to terminate the Lease earlyin certain situations out date.Ifyou delay getting service turned on in your name involving military deployment or transfer,family violence, by the Lease's start date or cause it to be transferred back into certain sexualoffenses,stalking or death ofa sole resident. our name before you surrender or abandon the apartment, g. Delay of Occupancy.We are not responsible for any delay of your you'Ilbeliable for the chargeIistedabove(not toexceed$50 occupancy caused by construction,repairs,cleaning,or a previous per billing period),plus the actual or estimated cost of the resident's holding over.This Lease will remain in force subject to utilities used while the utility should have been billed to you. (1)abatement of Rent on a daily basis during delay,and(2)your right Ifyour apartment is individually metered and you change to terminate the Lease in writing as set forth below.Rent abatement your retail electric provider,you must give us written notice. and Lease termination do not apply ifthe delay is for cleaning or re- You must pay all applicable provider fees,including any fees pairs that don't prevent you from moving into the apartment. to change service back into our name after you move out. 8,1. Termination.If we give written notice to you of a delay in 3.6. Lease Changes.Lease changes are only allowed during the occupancy when or after the Lease begins,you may termi- Lease term or renewal period if governed by Par.10,specified nate the Lease within 3 days after you receive written notice. in Special Provisions in Par.32,or by a written addendum or amendment signed by you and us.At or after the end ofthe Ifwe give you written notice before the date the Lease begins initial Lease term,Rent increases will become effective with at and the notice states that a construction or other delay is least 5 days plus the number ofdays'advance notice contained expected and that the apartment will be ready for you to in Box F on page 1 in writing from us to you.Your new Lease, occupy on a specific date,you mayterminate the Lease within which may include increased Rent or Lease changes,will begin 7 days after receiving written notice. on the date stated in any advance notice we provide(without After proper termination,you are entitled only to refund of needing your signature)unless you give us written move-out any deposit(s)and any Rent you paid. notice under Par.25,which applies only to the end of the current Lease term or renewal period. Apartment Lease Contract 02022,Texas Apartment Association,Inc. Page 2 of 6 9. Care of Unit and Damages.You must promptly pay or reimburse (c) disturbing or threatening the rights,comfort,health,safety, us for loss,damage,consequential damages,government fines or or convenience ofothers,including us,our agents,or our charges,or cost of repairs or service in the apartment community representatives; because ofa Lease or Community Policies violation;improper use, (d) disrupting our business operations; negligence,or other conduct by you,your invitees,your occupants, oryour guests;or,as allowed by law,any other cause not due to our (e) storing anything in closets containing water heaters or negligence or fault,except for damages by acts of God to the extent gas appliances; they couldn't be mitigated by your action or inaction. (f) tampering with utilities or telecommunication Unless damage or wastewaterstoppage is due to ournegligence, equipment; we're nttiablefor—andyoumustpayfor—repairsandreplace- (g) bringing hazardous materials into the apartment ments occurring during the Lease term or renewal period,includ- community, ing:(A)damage from wastewater stoppages caused by improper abjectsin tin es exclusively serving your apartment,(8)dam ageto (h) using windows for entry or exit; doors,windows,orscreens,and(C)damage from windows ordoors (i) heating the apartment with gas-operated appliances, leftopen. RESIDENTLIFE (j) making bad-faith or false allegations against us or our agents to others; 10. Community Policies.Community Policies becomepartofthe (k) smoking ofany kind,that is not in accordance with our Lease andmustbe followed.We may make changes,including addi- Community Policies or Lease addenda; tions,to our written Community Policies,and those changes can be- come effective immediately if the Community Policies are distributed (1) using glass containers in or near pools;or and applicable to all units in the apartment community and do not (m)conducting any kind of business(including child-care change the dollar amounts in Lease Details. services)in your apartment or in the apartment 10.1. Photo/Video Release.You give us permission to use any community—except for any lawful business photograph,likeness,image or video taken ofyou while conducted"at home"by computer,mail,or telephone if you are using property common areas or participating in customers,clients,patients,employees or other any event sponsored by us. business associates do not come to your apartment 10.2. Disclosure of Information,At our sole option,we may, for business purposes. but are not obligated to,share and use information related 12. Animals.No living creatures ofanykindare allowed,even tempo- to this Lease for law-enforcement,governmental,or business rarily,anywhere in the apartment or apartment community un- purposes.At our request,you authorize any utility provider to less we've given written permission.If we allow an animal,you must give us information about pending or actual connections or sign a separate Animal Addendum and,except as set forth in the ad- disconnections of utility service to your apartment. dendum,pay an animal deposit and applicable fees and additional monthly rent,as applicable.An animal deposit is considered a gener- 10.3. Guests.We may exclude from the apartment community al security deposit.You represent that any requests,statements and any guests or others who,in our solejudgment,have been representations you make,including those for an assistance or sup- violating the law,violating this Lease or our Community port animal,are true,accurate and made in good faith.Feeding stray, Policies,or disturbing other residents,neighbors,visitors, feral or wild animals is a breach ofthis Lease. or owner representatives.We may also exclude from any outside area or common area anyone who refuses to show 12.1. Removal of Unauthorized Animal.We may remove an photo identification or refuses to identify himself or unauthorized animal by(1)leaving,in a conspicuous herself as a resident,an authorized occupant,or a guest of place in the apartment,a written notice of our intent to a specific resident in the community. remove the animal within 24 hours;and(2)following the procedures of Par.14.We may:keep or kennel the animal; Anyone not listed in this Lease cannot stay in the turn the animal over to a humane society,local authority apartment for more than days in one week or rescue organization;or return the anima)to you if without our prior written consent,and no more than twice we consent to your request to keep the animal and you that many days in any one month.If the previous space have completed and signed an Animal Addendum and isn't filled in,2 days total per week will be the limit. paid all fees.When keeping or kenneling an animal,we 10.4. Notice of Convictions and Registration.You must won't be liable for loss,harm,sickness,or death ofthe notify us within 15 days if you or any of your occupants: animal unless due to our negligence.You must pay for (A)are convicted of any felony,(B)are convicted of any the animal's reasonable care and kenneling charges. misdemeanor involving a controlled substance,violence to 12.2.Violations of Animal Policies and Charges.Ifyou or another person,or destruction of property,or(C)register as a any guest or occupant violates the animal restrictions of sex offender.Informing us of a criminal conviction or this Lease or our Community Policies,you'll be subject to sex-offender registration doesn't waive any rights we may charges,damages,eviction,and other remedies have against you. provided in this Lease,including animal violation charges 10.5. Odors and Noise.You agree that odors,smoke and listed in Lease Details from the date the animal was smells including those related to cooking and everyday brought into your apartment until it is removed.If an noises or sounds are all a normal part of a multifamily animal has been in the apartment at anytime during living environment and that it is impractical for us to your term ofoccupancy(with or without our consent), prevent them from penetrating your apartment. we'll charge you for all cleaning and repair costs, including defleaing,deodorizing,and shampooing.Initial 11. Conduct.You agree to communicate and conduct yourself in a law- and daily animal-violation charges and animal-removal ful,courteous and reasonable manner at all times when interacting charges are liquidated damages for our time, with us,our representatives and other residents or occupants.Any inconvenience,and overhead in enforcing animal acts of unlawful,discourteous or unreasonable communication or restrictions and Community Policies. conduct by you,your occupants or guests is a breach of this Lease. You must use customary diligence in maintaining the apartment, 13. Parking.You may not be guaranteed parking.We may regulate the keeping it in a sanitary condition and not damaging or littering the time,manner,and place to parking of all motorized vehicles and common areas.Trash must be disposed of at least weekly.You will our other modes it transportation,including bicycles and scooters,in use your apartment and all other areas,including any balconies,with boot ve ides u der Policies.ate la d we to othethe right tore remove, at or reasonable care.We may regulate the use ofpassageways,patios, bootvehiclesunderstatelaw, r alsohavetherighttoremove,atthe expense of the vehicle owner or operator,any vehicle that is not in balconies,porches,and activities in common areas. compliance with our Community Policies. 11.1. Prohibited Conduct.You,your occupants,and your guests 14. When We May Enter.If you or any other resident,guest or occupant will not engage in certain prohibited conduct,including the is present,then repair or service persons,contractors,law officers, following activities: government representatives,lenders,appraisers,prospective resi- (a) criminal conduct;manufacturing,delivering,or dents or buyers,insurance agents,persons authorized to enter under possessing a controlled substance or drug parapher- your rental application,or our representatives may peacefully enter nalia;engaging in or threatening violence;possessing the apartment at reasonable times for reasonable business purposes. a weapon prohibited by state law;discharging a firearm If nobody is in the apartment,then any such person may enter peace- in the apartment community;or,except when fully and at reasonable times(by breaking a window or other means allowed by law,displaying or possessing a gun,knife, when necessary)for reasonable business purposes if written notice of or other weapon in the common area,or in a way that the entry is left in a conspicuous place in the apartment immediately may alarm others; after the entry.We are under no obligation to enter only when you are present,and we may,but are not obligated to,give prior notice or (b) behaving in aloud,obnoxious or dangerous manner; make appointments. Apartment Lease Contract 02022,Texas Apartment Association,Inc. Page 3 of 6 15. Requests,Repairs and Malfunctions. Texas Property Code secs.92,151,92.153,and 92.754 require,with 15.1. Written Requests Required./fyouor any occupant needs some exceptions,that we provide at n a cost to you when occupancy to send arequest—for example,for repairs,installations, begins:(A)a window latch on each window,•(8)a doorviewer(peep- services,ownership disclosure,orsecurity-related matters— hole or window)on each exterior door;(C)a pin lock on each sliding it must be written and delivered to our designated door,(D)either a door-handle latch or a security bar on each sliding representative in accordance with our Comm unity Policies door;(E)a keyless bolting device(deadbolt)on each exterior door; (except for fair-housing accomm odation or modification and(F)either a keyed doorknob lock or a keyed deadbolt lock an requests or situations involving imminent da nger or threats to one entry door.Keyed locks will be rekeyed after the prior resident health or safety,such as fire,smoke,gas,explosion,or crime in moves out.The rekeying will be done either before you move in or progress).Our written notes regarding your oral request do within 7 days afteryo u move in,as required by law.lfwe fail to in- not constitute a written request from you.Our complying stall or rekey security devices as required by law,you have the right with orrespondingtoanyoraIrequestdoesn'twaivethestrict todoso and deduct the reason able cost from your next Rentpay- requi rem ent for writtennoticesunderthis Lea se.Arequest ment under Texas Property Code sec.92.165(1).We may deactivate for maintenance or repair by anyone residing in your or no t install keyless bolting devices on your doors if(A)you or an a pa rtm e nt co nst itutes a re q u est fro m a I I resi d e nt s.The time, occupant in the dwelling is over 55 or disabled,and(8)the require- manner,method and means ofperforming maintenance ments of Texas Property Code sec.92.153(e)or(f)are satisfied. and repairs,including whe ther or which vendors to use, 18.1. Smoke Alarms and Detection Devices.We'll furnish are within our sole discretion. smoke alarms or other detection devices required by law 15.2. Your Requirement to Notify.You must promptly notify us in or city ordinance.We may install additional detectors writing of air conditioning or heating problems,water leaks or not so required.We'll test them and provide working moisture,mold,electrical problems,malfunctioning lights, batteries when you first take possession of your broken or missing locks or latches,or any other condition that apartment.Upon request,we'll provide,as required by poses a hazard or threat to property,health,or safety.Unless law,a smoke alarm capable of alerting a person with a we instruct otherwise,you are required to keep the hearing impairment. apartment cooled or heated according to our Community You must payfor and replace batteries as needed, Policies.Air conditioning problems are normally not unless the law provides otherwise.We may replace dead emergencies. or missing batteries at your expense,without prior notice 15.3. Utilities.We may change or install utility lines or to you.Neither you nor your guests or occupants may equipment serving the apartment if the work is done disable alarms or detectors.If you damage or disable the reasonably without substantially increasing your smoke alarm orremove a battery without replacing it utility costs.We may turn off equipment and interrupt with a working battery,you may be liable to us under utilities as needed to perform work or to avoid Texas Property Code sec.92.2611 for$100 plus one property damage or other emergencies.If utilities months Rent actual damages,and attorney's fees. malfu nction or are damaged by fi re,water,or si mila r 18.2. Duty to Report.You must immediately report to us any cause,you must notify our representative immediately. missing,malfunctioning or defective security devices, 15.4. Your Remedies.We'll act with customary diligence to smoke alarms or detectors.You'll be liable if you fail to make repairs and reconnections within a reasonable report malfunctions,or fail to report any loss,damage,or time,taking into consideration when casualty-insurance fines resulting from fire,smoke,or water. proceeds are received.Unless required by statute after 19. Resident Safety and Loss.Unless otherwise requiredbylaw,none a casualty loss,or during equipment repair,your Rent ofus,ouremployees,agents,ormanagement companies are liable will not abate in whole or in part.'Reasonable time" toyou,yourguests oroccupants for any damage,personalinjury, accounts for the severity and nature ofthe problem and loss topersonalproperty,orloss ofbusiness orpersonal income, the reasonable availability of materials,labor,and from anycause,including butnotlimited to:negligent or intention- utilities.lfwe fail to timely repaira condition that al acts ofresidents,occupants,or guests;theft,burglary,assault, ma terially affects the physical health or safety of an vandalism or other crimes,fire,flood,water leaks,rain,hail,ice, ordinary residentasrequfredby the Texas Property Code, snow,smoke,lightning,wind,explosions,interruption of utilities, you may be entitled to exercise remedies under§92.056 pipe leaks or other occurrences unless such damage,injury or loss is and§92.0561 ofthe Texas Property Code.lfyoufollow causedexclusively byour negligence. the procedures under those sections,the following We do not warrant security ofany kind.You agree that you will not remedies,among others,may be available to you: rely upon any security measures taken by us for personal security, (1)termination ofthe Lease and an appropriate refund and that you will call 911 and local law enforcement authorities if any under 92.056(f);(2)have the condition repaired or security needs arise. remedied according to§92.0561;(3)deduct from the Rent the cost ofthe repair or remedy according to§92.0561; You acknowledge that we are not equipped or trained to provide and 4)judicial remedies according to§92.0563. personal security services to you,your guests or occupants.You rec- 16. Our Right to Terminate for Apartment Community Damage or ognize that we are not required to provide any private security ser- Closure.If,in our sole judgment,damages to the unit or building are vices and that security devices or measures on the property are significant or performance of needed repairs poses a danger to you, fail-safe.You furrtt her acknowledge that,even if an alarm or gate c- we may terminate this Lease and our right possession b tion.Any charprovges r theyresulting from cal ofadevn intres usion can armmal will y y g p y giving tion.Any charges resulting from the use of an intrusion alarm will be you at least 7 days'written notice.lftermination occurs,you agree charged to you,including,but not limited to,any false alarms with we'll refund only prorated rent and all deposits,minus lawful deduc- police/fire/ambulance response or other required city charges. tions.We may remove your personal property if,in our solejudg- ment,it causes a health or safety hazard or impedes our ability to 20. Condition ofthe Premises and Alterations. make repairs, 20.1. As-is.Wedisclaim all implied warranties.You accept the 16.1. Property Closure.We also have the right to terminate apartment,fixtures,and furniture as is,except for this Lease and your right to possession by giving you at conditions materially affecting the health or safety of least 30 days'written notice of termination ifwe are ordinary persons.You'll be given an Inventory and demolishing your apartment or closing it and it will no Condition Form at or before move-in.You agreethat longer be used for residential purposes for at least 6 after completion ofthe form or within 48 hours after months,or if any part ofthe property becomes subject to move-in,whichever comes first,you must note on the an eminent domain proceeding. form all defects or damage,sign the form,return it to 17. Assignments and Subletting.You may not assign this Lease or sub- us,and the form accurately reflects the condition of the let your apartment.You agree that you won't rent,offer to rent or premises for purposes of determining any refund due to you when you move out.Otherwise,everything will be license all or any part of your apartment to anyone else unless other- wise agreed to in advance by us in writing.You agree that you won't considered to be s a clean,safe,and good working accept anything of value from anyone else for the use of an condition.You must still send a separate request for any p y g y y part of repairs needed as provided by Par.15.1. your apartment.You agree not to list any part of your apartment on any lodging or short-term rental website orwith any person or ser- 20.2. Standards and Improvements.Unless authorized by vice that advertises dwellings for rent. law or by us in writing,you must not perform any repairs, 18.Security and Safety Devices.We'll nay for missing security de- painting,wallpapering,carpeting,electrical changes,or vices that are required by law.You'll pay for:(A)rekeying that otherwise alter our property.No holes or stickers are you request(unless we failed to rekey after the previous resi- allowed inside or outside the apartment.Unless our dent moved out)and(B)repairs or replacements because of Community Policies state otherwise,we'll permit a misuse ordama damage ouor your reasonable numberofsmallnailholesforhanging g Y!t y y work r is done unless ssyour pictures on sheetrock walls and in grooves ofwood- ua ests.You must pay immediately after the work is done unless state paneled walls.No water furniture,washing machines, law authorizes advance payment.You must also pay in advance for dryers,extra phone or television outlets,alarm systems, any additional or changed security devices you request. Apartment Lease Contract 02022,Texas Apartment Association,Inc. Page 4 of 6 cameras,video or other doorbells,or lock changes, Ifyou don't pay the first month's Rent when or before the Lease additions,or rekeying is permitted unless required by law begins,all future Rent for the Lease term will be automatically or we've consented in writing.You may install a satellite accelerated without notice and become immediately due.We dish or antenna,but only ifyou sign our satellite-dish or also may end your right of occupancy and recover damages, antenna lease addendum,which complies with reasonable future Rent attorney's fees,court costs,and other lawful charges. restrictions allowed by federal law.You must not alter, 23.4. Holdover.You and all occupants must vacate and surrender damage,or remove our property,including alarm systems, detection devices,appliances,furniture,telephone and the apartment by or before the date contained in:(1)your television wiring,screens,locks,or security devices.When you move-out notice(2)our notice to vacate,(3)our notice of move in,we'll supply light bulbs for fixtures we furnish, non-renewal,or(4)a written agreement specifying a different including exterior fixtures operated from inside the move-out date.If holdover occurs,then you'll be liable to us apartment;after that,you'll replace them at your expense for all Rent for the full term of the previously signed lease of a with bulbs ofthe same type and wattage.Your improvements new resident who can't occupy because ofthe holdover,and to the apartment(made with or without our consent)become at our option,we may extend the Lease term and/or increase ours unless we agree otherwise in writing. the Rent by 25%by delivering written notice to you or your apartment while you continue to hold over. 21. Notices.Written notice to or from our employees,agents,or 23.5. Other Remedies.We may report unpaid amounts to management companies constitutes notice to or from us.Notices to Other Remedies. es s allowedamay report law.l unpaid we amounts you or any other resident of the apartment constitute notice to all credit geed to collect any money you owe r debt us,you residents,Notices and requests from any resident constitute notice agree that we or the debt collector may contact you by from all residents.Only residents can give notice of Lease termination any legal means.If you default,you will pay us,in addition and intent to move out under Par.Z3.All notices and documents will to other sums due,any rental discounts or concessions be in English and,at our option,in any other language that you read agreed to in writing that have been applied to your account. or speak. We may recover attorney's fees in connection with enforcing 21.1. Electronic Notice.Notice may be given electronically by our rights under this Lease.All unpaid amounts you owe bear us to you if allowed by law.If allowed by law and in interest at the rate provided by Texas Finance Code Section accordance with our Community Policies,electronic 304.003(c)from the due date.You must pay all collection- notice from you to us must be sent to the email address agency fees ifyou fail to pay sums due within 10 days after and/or portal specified in Community Policies.Notice you are mailed a letter demanding payment and stating that may also be given by phone call or to a physical address collection-agency fees will be added ifyou don't pay all sums if allowed in our Community Policies. by that deadline.You are also liable for a charge(not to You represent that you have provided your current email exceed$150)to cover our time,cost and expense for any address to us,and that you will notify us in the event your eviction proceeding against you,plus our attorney's fees and email address changes. expenses,court costs,and filing fees actually paid. 24. Representatives'Authority and Waivers.Our representatives(in- cluding management personnel,employees,and agents)have no EVICTION • authorityto waive,amend,orterminate this Lease oranyportofit 22. Liability.Each resident is jointly and severally liable for all Lease unless in writing andsigned,and no authority tomakepromises,rep- obligations.If you or any guest or occupant violates the Lease or our resentations,oragreements thatimpose security duties or other ob- Community Policies,all residents are considered to have violated the ligationsonusorourrepresentatives,,unless in writing andsigned. Lease. No action or omission by us will be considered a waiver of our rights or of any subsequent violation,default,ortime or place of performance.Our 22.1. Ind emnificationbyYou.You1/defend indemnifyandholdus choice to enforce,notenforce ordelayenforcementofwriffen-no- andour employees,agents,andmanagementcompany tice requirements,rentaldue dates,acceleration,liens,or any other harmless from allliability arising fromyourconductor rights isn'ta waiver underany circumstances.Delay in demanding requests to ourrepresentatives andfrom theconductofor sums you owe is not a waiver.Except when notice or demand is required requests byyourinvitees,occupants orguests. by law,you waive any notice and demand for performance from us ifyou 23. Default by Resident. default.Nothing in this Lease constitutes a waiverofour remedies fora breach underyour prior lease that occurred before the Lease term begins. 23.1. Acts of Default.You'll be in default if:(A)you don't Your Lease is subordinate to existing and future recorded mortgages,un- timely pay Rent,including monthly recurring charges,or less theowner's lender chooses otherwise. other amounts you owe;(B)you or any guest or occupant violates this Lease,our Community Policies, All remedies are cumulative.Exercising one remedy won't constitute or fire,safety,health,criminal or other laws,regardless of an election or waiver of other remedies.All provisions regarding our whether or where arrest or conviction occurs;(C)you nonliabilityornonduty apply to our employees,agents,and manage- give incorrect,incomplete,or false answers in a rental ment companies.No employee,agent,or management company is application or in this Lease;or(D)you or any occupant is personally liable for any of our contractual,statutory,or other obliga- charged,detained,convicted,or given deferred tions merely byvirtue of acting on our behalf adjudication or pretrial diversion for(1)an offense involving actual or potential physical harm to a person,or EN D OF THE LEASE TERM involving the manufacture or delivery of a controlled substance,marijuana,or drug paraphernalia as defined 25. Move-Out Notice.Beforemovingoutyoumustgiveourrepresen- In the Texas Controlled Substances Act,or(2)any sex- tative advance written move-out notice as stated in Par.4,even if related crime,including a misdemeanor. the Lease has become a month-to-month lease.The move-out date can't be changed unless we and you both agree in writing. 23.2. Eviction.lfyou default,includingholdingovrr,we may endyour right ofoccupancy by giving you at least a 24- Your move-out notice must comply with each ofthefollowing: hour written notice to vacate.Term!nation of you r possession (a) U n less we requi re m o re than 30 days'notice,if yo u g ive rights doesn't release you from liability for future Rent or notice on the first day of the month you intend to move other Lease obligations.After giving notice to vacate or out,move out will be on the last day of that month. filing an eviction suit we may still accept Rent or other sums due;the filing or acceptance doesn't waive or (b) You rmove-out notice m ust n ot terminate the Lease diminish our right of eviction or any other contractual or before the end of the Lease term or renewal period. statutory right.Accepting money at any time doesn't waive (c) If we req u i re you to g ive us m o re than 30 d ays'written our right to damages,to past or future Rent or other sums, notice to move out before the end of the Lease term,we orto our continuing with eviction proceedings.In an eviction, will give you 1 written reminder not less than 5 days nor Rent is owed for the full rental period and will not be more than 90 days before your deadline for giving us prorated. your written move-out notice.lf we fail to give a reminder 23.3. Acceleration.Unless we elect not to accelerate Rent,all notice,30 days'written notice to move out is required. monthly Rent for the rest ofthe Lease term or renewal (d) You must get from us a written acknowledgment ofyour period will be accelerated automatically without notice notice. or demand(before or after acceleration)and will be 26.Move-Out Procedures. immediately due if,without our written consent:(A)you move out,remove property in preparing to move out, 26.1. Gleaning.You must thoroughly dean the apartment including oryou or any occupant gives oral or written notice of doors,windows,furniture,bathrooms,kitchen appliances, intentto move out before the Lease term or renewal patios,balconies,garages,carports,and storage rooms.You period ends;and(B)you haven't paid all Rent for the must follow move-out cleaning instructions ifthey have been entire Lease term or renewal period.Remaining Rent will provided.Ifyou don't clean adequately,you'll be liable for also be accelerated if you're judicially evicted or move reasonable cleaning charges—including charges for cleaning out when we demand because you've defaulted. carpets,draperies,furniture,walls,etc,that are soiled beyond normal wear(that is,wear or soiling that occurs without negligence,carelessness,accident,or abuse). Apartment Lease Contract @2022,Texas Apartment Association,Inc. Page 5 of 6 26.2. Move-Out Inspection.We may,but are not obligated to, YOU UNDERSTAND THAT WITHOUT THIS WAIVER YOU provide ajoint move-out inspection.Our representatives COULD BE PARTY IN A CLASS ACTION LAWSUIT BY have no authority to bind or limit us regarding deductions for SIGNING THIS LEASE,YOU ACCEPT THIS WAIVER AND repairs,damages,or charges.Any statements or estimates by CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY us or our representative are subject to our correction,modi- THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE fication,or disapproval before final accounting or refunding. THE TERMINATION OR EXPIRATION OF THIS LEASE 27.Surrender and Abandonment.You have surrenderedthe apartment 31.2. Force Majeure.Ifwe are prevented from completing substan- when:(A)the move-out date has passed and no one is living in the tial performance of any obligation under this Lease by apartment in our reasonable judgment;or(B)apartment keys and ac- occurrences that are beyond our control,including but cess devices listed in Par.2.1 have been turned in to us—whichever not limited to,an act of God,strikes,epidemics,war,acts of happens first. terrorism,riots,flood,fire,hurricane,tornado,sabotage or You have abandoned the apartment when all ofthe following have governmental regulation,then we shall be excused from any occurred:(A)everyone appears to have moved out in our reasonable further performance of obligations to the fullest extent judgment;(B)you've been in default for nonpayment of Rent for 5 allowed by law. consecutive days,or water,gas,or electric service for the apartment 32.Special Provisions.The following,or attached Special Provisions and not connected in our name has been terminated or transferred;and any addenda or Community Policies provided to you,are part of this (C)you've not responded for 2 days to our notice left on the inside of Lease and supersede any conflicting provisions in this Lease. the main entry door stating that we consider the apartment aban- doned.An apartment is also considered abandoned 10 days after the Landlord will maintain general liability death of a sole resident. insurance for the property that covers 27.1. The Ending of Your Rights.Surrender,abandonment,or the real property owned by the Landlord. judicial eviction ends your right of possession forall purposes and gives us the immediate right to clean up,make repairs in, Tenant will pay a monthly Property and relet the apartment;determine any security-deposit Liability Fee of $10 for said liability deductions;and remove or store property left in the apartment. 27.2. Removal and Storage of Property.We,or law officers,may— insurance. This fee is non—refundable. but have no duty to—remove or store all property that in our Trash $10, Pest control $5, CAM $50. sole judgment belongs to you and remains in the apartment Allocated water addenda attached. or in common areas(including any vehicles you or any occupant or guest owns or uses)after you're judicially evicted or if you surrender or abandon the apartment. We're notlfable for casualty,loss,damage,or theft.You must pay reasonable charges for our packing,removing and storing any property. Except for animals,we may throw away or give to a charitable organization all personal propertythat is: (1) left in the apartment after surrender or abandonment;or (2)left outside more than hour after writ of possession is — executed,following judicial eviction. An animal removed after surrender,abandonment,or eviction may be kenneled or turned over to a local authority,humane society,or rescue organization. GENERAL PROVISIONS 28.TAA Membership.We,the management company representing us, or any locator service that you used confirms membership in good Before submitting a rental application or signing this Lease,you standing of both the Texas Apartment Association and the affiliated should review the documents and may consult an attorney.You are local apartment association for the area where the apartment is bound by this Lease when it is signed.An electronic signature is located at the time of signing this Lease.If not,the following applies: binding.This Lease is the entire agreement between you (A)this Lease is voidable at your option and is unenforceable by us and us.You are NOT relying on any oral representations. (except for property damages);and(B)we may not recover past or future rent or other charges.The above remedies also apply if both of the following occur:(1)the Lease is automatically renewed on a Resident or Residents(ail sign below) month-to-month basis more than once after membership in TAA and the local association has lapsed;and(2)neither the owner nor the man- 10 -3 agement company is a member of TAA and the local association during the third automatic renewal.A signed affidavit from the affiliated local (Name of Resident) Date signed apartment association attesting to nonmembership when the Lease or renewal was signed will be conclusive evidence of nonmembership. 10' 3/'ZZ Governmental entities may use TAA forms ifTAA agrees in writing. (Name of Resident) Date signed Name,address and telephone number of locator service(ifapplicable): (Name of Resident) Date signed (Name of Resident) Date signed 29.Severability and Survivability.If any provision of this Lease is invalid or unenforceable under applicable law,it won't invalidate the remain- (Name of Resident) Date signed der of the Lease or change the intent of the parties.Paragraphs 10.1, 10.2,16,27 and 31 shall survive the termination of this Lease. This Lease binds subsequent owners. 30.Controlling Law.Texas law governs this Lease.All litigation arising (Name of Resident) Date signed under this Lease and all Lease obligations must be brought in the county,and precinct if applicable,where the apartment is located. 31. Waivers.By signing this Lease,you agree to the following: Hero wner'sReprese tive igning on behalf of owner) 31.1. Class Action Waiver.You agree that you will not participate `Q .31_190da in any class action claims against us or our employees,agents, or management company.You must file any claim against us individually,and you expressly waive your right to bring, represent join or otherwise maintain a class action, collective action or similar proceeding against us in any forum. Apartment Lease Contract,TAA Official Statewide Form 22-AB-1/B-2 Revised July 2022 Page 6 of 6 M&C Review Page 1 of 6 Official site of the City of Fort Worth,Texa: CITY COUNCIL AGENDA FORTORTII Create New From This M&C DATE: 8/9/2022 REFERENCE NO.: M&C 22-0569 LOG NAME: 19NS 2022-2023 ACTION PLAN CODE: C TYPE: NON-CONSENT PUBLIC YES HEARING: SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2022-2023 Annual Action Plan for the Use of Federal Grant Funds in the Amount of $13,124,648.00 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 Program, Authorize Collection and Use of Program Income, Authorize Execution of Related Contracts, Adopt Appropriation Ordinance, and Authorize Waiver of Indirect Costs (PUBLIC HEARING - a. Report 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 2022-2023 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 $13,124,648.00 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 2022-2023 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 $50,000.00 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 $50,000.00 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 2022-2023 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 estimated receipts and appropriations in the Grants Operating Federal Fund in the total amount of $13,124,648.00 consisting of $6,996,710.00 in Community Development Block Grant funds, $3,266,685.00 in HOME Investment Partnerships Program grant funds, $628,543.00 in Emergency Solutions Grant funds, and $2,232,710.00 in Housing Opportunities for Persons with AIDS grant funds, plus http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2022 10/3/2022 M&C Review Page 2 of 6 estimated program income in the amount of $100,000.00, all subject to receipt of such funds; and 8. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 17.29\ %, estimated total of $330,793.14. DISCUSSION: The City of Fort Worth's (City's) 2022-2023 Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2022 and ending September 30, 2023 for use of federal grant funds totaling $13,124,648.00 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 persons experiencing homelessness, 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 year's funding levels. One public hearing was held on April 27, 2022 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 11, 2022. These funding recommendations were presented in City Council Work Session on June 7, 2022. A 30-day public comment period was held from July 1, 2022 to August 1, 2022. Notice of this public comment period was published in the Fort Worth Star-Telegram on June 26, 2022; in the Weatherford Democrat on June 28, 2022; in the Hood County News and Wise County Messenger on June 29, 2022; in Cleburne Times Review and La Vida News on June 30, 2022; and in Glen Rose Reporter on July 1, 2022. 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 13, 2022, and the second public hearing is scheduled for the City Council meeting on August 9, 2022. A summary of staffs final funding recommendations is provided below in Tables 1, 2, and 3. A Powerpoint presentation listing funding recommendations is also attached. The 2022-2023 Annual Action Plan will be submitted to HUD by August 15, 2022. Indirect costs totaling approximately $330,793.14 could be charged to these grants, as the Neighborhood Services Department indirect cost rate is 17.29\% 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 2022-2023, it is recommended that the amount of $6,946,710.00 in CDBG funds and an estimated amount of $50,000.00 in CDBG program income totaling $6,996,710.00 be allocated as follows: • Public Services Agencies- $1,042,006.00: Includes social services for low- and moderate-income persons, persons with disabilities, and disadvantaged persons • Housing Programs - $4,153,352.00: 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 - $362,010.00: Includes funding for Southside Community Center improvements • Administration - $1,389,342.00: Includes costs for administering the CDBG grant, including allocations for the Financial Management Services and Development Services Departments • Estimated Program Income - $50,000.00: Includes up to $50,000.00 in funding for the City's Priority Repair Program. Any CDBG program income over the estimated amount not used for the http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2022 10/3/2022 M&C Review Page 3 of 6 Priority Repair Program will be allocated to priority activities in the City's Consolidated Plan, subject to the City Council approval. HOME INVESTMENT PARTNERSHIPS PROGRAM For Program Year 2022-2023, it is recommended that the amount of $3,216,685.00 in HOME funds and an estimated amount of $50,000.00 in HOME program income totaling $3,266,685.00 be allocated as follows: • Homebuyer Assistance Program - $129,623.50: Includes funding for down payment and closing cost assistance for low- and moderate-income homebuyers • Community Housing Development Organization - $707,430.00: 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 Development Corporation of Tarrant County (DCTC) for single-family infill development in the Polytechnic neighborhood. 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 - $2,057,963.00: Includes funds ($1,000,000.00) allocated to the affordable housing project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice Neighborhood Initiative (CNI) grant and funds ($1,057,963.00) allocated to the development of permanent supportive housing. • Administration - $321,668.50: Includes costs for administering the HOME grant • Estimated Program Income - $50,000.00: 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 2022-2023, it is recommended that the amount of$2,232,710.00 in HOPWA funds be allocated as follows: • Public Service Agencies - $1,515,729.00 • Neighborhood Services Department - $650,000.00 • Administration - $66,981.00 EMERGENCY SOLUTIONS GRANT For Program Year 2022-2023, it is recommended that the amount of $628,543.00 in ESG funds be allocated as follows: • Public Service Agencies - $581,403.00 • Administration - $47,140.00 CONTRACT RECOMMENDATIONS The Community Development Council and Neighborhood Services Department staff recommend that contracts be executed with the public service & CDBG subrecipient agencies for the amounts shown in the following tables: Community Development Block Grant Contracts TABLE 1: CDBG AGENCIES AGENCY CONSOLIDATED PROGRAM AMOUNT PLAN GOAL Homebuyer Housing Channel Affordable Housing Education and $100,000.00 Housing Counseling Services Guardianship Services, Financial Exploitation Inc. Aging-In-Place prevention Center $70,000.00 Meals-On-Wheels, Inc. Aging-In-Place Home-Delivered $72,006.00 of Tarrant County Meals http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2022 10/3/2022 M&C Review Page 4 of 6 Meals-On-Wheels, Inc. Aging-In-Place Transportation $50,000.00 of Tarrant County Program Girls Incorporated of Children/Youth Tarrant County Training and Leadership Program $75,000.00 Mentorship United Community Children/Youth Educational Centers, Inc. Training and Enrichment Program $100,000.00 Mentorship Boys & Girls Clubs of Children/Youth Greater Tarrant County, Training and After School Program $60,000.00 Inc. Mentorship Young Men's Christian Children/Youth Association of Training and Y Achievers $50,000.00 Metropolitan Fort Worth Mentorship AB Christian Learning Children/Youth Center Training and After School Program $75,000.00 Mentorship Fortress Youth Children/Youth Development Center, Training and Fortress PreSchool $50,000.00 Inc. Mentorship The Presbyterian Night Moving Home Case Shelter of Tarrant Homeless Services Management $125,000.00 County, Inc. Poverty Reduction Computer Skills The Ladder Alliance and Household Training - Next Level $70,000.00 Stabilization Program Easter Seals North Poverty Reduction Employment Texas, Inc. and Household Services $50,000.00 Stabilization The Women's Center of Poverty Reduction Working Families Tarrant County, Inc. and Household Success $50,000.00 Stabilization Center for Transforming Poverty Reductionand Household Level Up $45,000.00 Lives Microenterprise Stabilization CDBG Public Service Agencies Total $1,042,006.00 Rehabilitation, Accessibility Education and Accessibility Improvements for Advocacy for Citizens Improvements Low Income $125,000.00 with Handicaps DBA REACH, Inc. Residents 11 Accessibility United Way of Tarrant Accessibility Improvements for $50,000.00 County Improvements Low Income Senior Residents Fort Worth Area Habitat Preserve Aging Cowtown Brush Up $455,000.00 for Humanity, Inc. DBA Housing Stock Paint Program http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2022 10/3/2022 M&C Review Page 5 of 6 Trinity Habitat for I Humanity CDBG Subrecipient Agencies Total IF$630,000.00 TOTAL CDBG CONTRACTS 11$1,672,006.00 Housing Opportunities for Persons with AIDS Contracts TABLE 2: HOPWA AGENCIES AGENCY PROGRAM AMOUNT AIDS Outreach dministration, Supportive Services, Short- Center, Inc. Term Rent, Mortgage, and Utility Assistance $429,850.00 (STRMU) Tarrant County Administration, Facility-Based Operations, Samaritan Housing, Supportive Services, Tenant-Based Rental $1,085,879.00 Inc. Assistance (TBRA) TOTAL HOPWA CONTRACTS $1,515,729.00 Emergency Solutions Grant Contracts TABLE 3: ESG AGENCIES AGENCY 11 PROGRAM AMOUNT The Presbyterian Night Shelter of Tarrant Shelter $130,220.00 County, Inc. Operations/Services Lighthouse for the Homeless DBA True Shelter �[$176'000'00� Worth Place Operations/Services The Salvation Army Homelessness $105,535.00 Prevention Center for Transforming Lives Rapid Re-Housing 1 $98,743.00 SafeHaven of Tarrant County Shelter $70,905.00 Operations/Services TOTAL ESG CONTRACTS 11$581,403.00 All figures have been rounded to the nearest dollar for presentation purposes. These programs are available in ALL COUNCIL DISTRICTS. Each of these grants is an entitlement grant rather than a competitive grant received from the United States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to agencies based on a formula, prescribed in legislation or regulation, rather than based on review. These specific grants are allocated to the City of Fort Worth based on population size and per capita income each year. The grants have been consistently awarded to the City since 1974 with the inception of the Community Development Block Grant (CDBG) through the Housing and Community Development Act of 1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized in 1987 through the McKinney-Vento Homelessness Assistance Act. The HOME Investment Partnerships Program (HOME) and the Housing Opportunities for Persons with AIDS (HOPWA) Program were authorized in 1990 through the Cranston-Gonzales National Affordable Housing Act of 1990. With these grants, administrative and program delivery allocations support approximately 72 FTE positions in the Neighborhood Services Department, which is funded nearly 70\% with various grants including these entitlement grants. Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant award being decreased or eliminated, Neighborhood Services Department would review programs and services funded by the grants and determine a level of service and staffing that aligns with the available funding. Alternative to consider may include staff and program reductions or eliminations. http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2022 10/3/2022 M&C Review Page 6 of 6 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, of 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. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID 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) ATTACHMENTS 19NS 2022-2023 ACTION PLAN 21001.docx (Public) 19NS ACTION PLAN 2022 Agency Form 1295 Forms.pdf (CFW Internal) Action Plan Budget-Staff Recommendations City Council Work Session 060722.pdf (Public) Secretary of State Agency Listings 2022-2023.pdf (Public) http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2022 10/3/2022