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HomeMy WebLinkAboutContract 53260-R3A3CSC No. 53260-R3A3 RENEWAL THREE AND AMENDMENT THREE TO CITY OF FORT WORTH CONTRACT NO. 53260 This Contract Renewal and Amendment is made and entered into by and between the City of Fort Worth, a Texas home -rule municipal corporation (hereinafter referred to as the "City,") acting by and through Fernando Costa, its duly authorized Assistant City Manager, and SMITH PROPERTY MANAGEMENT, LP ("Landlord"), acting by and through, Rossana Smith, it's duly authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." RECITALS WHEREAS, on December 13, 2019, the City entered into an agreement with the Landlord for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 53260 (the "Agreement"); WHEREAS, the Agreement's initial term was from November 1, 2019 to September 30, 2020 and allowed for annual renewals upon agreement of the Parties; WHEREAS, on September 29, 2021 the parties renewed the agreement for its First Renewal term beginning Novemberl, 2020 through October 31, 2021; WHEREAS, on September 29, 2021 the parties renewed the agreement for its Second Renewal term beginning Novemberl, 2021 through October 31, 2022; WHEREAS, the Parties agree to renew the Agreement for an additional term and amend the Agreement as specified below. NOW THEREFORE City and Landlord do hereby agree as follows: RENEWAL OF AGREEMENT The parties agree to renew the term of the Agreement for an additional one year -term beginning November 1, 2022 and expiring October 31, 2023 ("Third Renewal Term") unless terminated earlier in accordance with the terms of the Agreement. II AMENDMENT TO AGREEMENT The following terms are hereby amended to replace the referenced terms in the Agreement and shall be binding and enforceable as if they were originally included therein. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC No. 53260 Renewal Three and Amendment Three Page 1 of 3 CoFW and Smith Property Management, LP The first three paragraphs of Section 3.2 Rent and Amounts Payable by City shall be amended and replaced as follows: 3.2 Rent and Amounts Payable City The City has been notified that the Tenant's Total Rent during the Initial Term is $1,408.00_per month for the Unit. The City has been notified that the Tenant's Total Rent during First Renewal Term is $ 1,408.00 per month for the Unit. The City has been notified that the Tenant total rent during the Second Renewal Term is $1,661.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during Third Renewal Term, beginning November 1, 2022 and expiring October 31, 2023, is $1800.00 per month for the Unit. The Tenant during the Initial Term, shall be responsible for $220.00 of rent per month for the Unit. The Tenant during the First Renewal Term shall be responsible for $220.00 of rent per month for the Unit. The Tenant during the Second Renewal Term shall be responsible for $500.00 of rent per month for the Unit. The Tenant during the Third Renewal Term shall be responsible for 498.00 of rent per month for the Unit. During the Initial Term City shall pay $1,188.00 towards the Tenant's Total Rent for the Unit ("City Portion"). During Tenant's First renewal term, the City Portion shall be $1,188.00. During Tenant's Second renewal term the City Portion shall be $1,161.00. During Tenant's Third renewal term, and until either this Agreement expires or Landlord is notified by City otherwise, the City Portion shall be $1,302.00. Neither City nor does HUD assume any obligation for the Tenant's Portion of the rent, or for payment of any claim by Landlord against Tenant. The City's sole obligation is limited to paying the City Portion of the Rent in accordance with this Agreement. Tenant shall be liable for rent, payments, and other fees associated with the Unit and City shall not be obligated by law or in equity for any amount other than the City Portion. III. All terms and conditions of the Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties and are hereby ratified by the Parties. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE FOLLOWS] CSC No. 53260 Renewal Three and Amendment Three Page 2 of 3 CoFW and Smith Property Management, LP IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective this November 1, 2022. FOR CITY OF FORT WORTH: Name: Fernando Costa Title: Assistant City Manager Date: Dec 14, 2022 APPROVAL RECOMMENDED Name: Victor Turner Title: Director APPROVED AS TO FORM AND LEGALITY VJ- �- Name: Jessika Williams Title: Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. FOR LANDLORD: ROff6im S# d h Roc - smith (Dar 12, Inn 11-44 CST) Name: Rossana Smith Title: Property Manager Date: Dec 12, 2022 ATTEST: Tanneffe S. Gaadall Jannette S. Goodall (Dec 15, 202207:45 CST) Name: Jannette Goodall Title: City Secretary Date: Dec 15, 2022 M&C No.: 22-0569 Name: Cyndee Garza Title: Sr. Human Services Specialist OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC No. 53260 Renewal Three and Amendment Three Page 3 of 3 CoFW and Smith Property Management, LP Authentisign ID: C6B567CE-3060-ED11-ADE6-0050F2765AB1 AN Vol TEXAS ASSOCIATION OF REALTORS® EXTENSION OF RESIDENTIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS@ IS NOT AUTHORIZED. ©Texas Association of REALTORS®, Inc. 2016 NOTICE: Use this form only if date in the bottom, left-hand corner of the lease to be extended is dated on or after January 1, 2016. CONCERNING THE RESIDENTIAL LEASE OF THE PROPERTY AT 1320 Pine Lane. Fort Worth TX 76140 between Smith Property Management (Landlord) and Teresa D. Anderson , Nathan J Anderson (Tenant) A. Amendments to Lease: Effective November 1, 2022 Landlord and Tenant extend and amend the above -referenced lease as follows. (1) The Expiration Date in Paragraph 3 is changed to 10/31 /2023 (2) The monthly rent in Paragraph 5A is: 0 changed to $ 1,800.00 ❑ remains the same. (3) The named person and/or contact information in Paragraph 34F: 0 remains the same Name: Phone: Address: Email: (4) Other: Paragraph(s) ❑ is changed to: of the lease are amended as follows: B. Obligation to Return this Extension: If Tenant does not sign and return this extension to Landlord on or before October 15, 2022 , Landlord notifies Tenant that: ❑ (1) the lease, in accordance with its terms, will renew on a month -to -month basis, and Landlord notifies Tenant that the monthly rent will: ❑ (a) be $ effective ❑ (b) remain the same. ❑X (2) the lease will terminate on Octob Authenti date of termination. 11/09/22 La lord Date Chris Smith Landlord Date Or signed for Landlord under written property management Agreement or power of attorney: By: Printed Name: Firm Name: er 31, 2022 and Tenant must vacate the Property by the Authenti Tam k &k- 11 /09/22 nant Date d5'lgeD. Anderson n &u4"n' 11 /09/22 enant Date Nathan J Anderson Tenant Date Tenant Date Tenant's Phone & E-Mail Home Work Mobile E-Mail: andersonteresa1970amail.com (TAR-2005) 1-1-16 Page 1 of 1 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziDLoaix.com 1320 Pine Lane City of Fort Worth, Texas Mayor and Council Communication DATE: 08/09/22 M&C FILE NUMBER: M&C 22-0569 LOG NAME: 19NS 2022-2023 ACTION PLAN 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 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 staff's 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 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 Education and $100,000.00 Housing Housing Counseling Services Financial Exploitation Guardianship Services, Inc. Aging -In -Place Prevention Center $70,000.00 Meals -On -Wheels, Inc. of Aging -In -Place Home -Delivered $72,006.00 Tarrant County Meals Meals -On -Wheels, Inc. of Tarrant County Aging -In -Place Transportation Program $50,000.00 Children/Youth Girls Incorporated of Tarrant County Training and Leadership Program F75,000.00 Mentorship Children/Youth United Community Centers, Training and Educational $100,000.00 Inc. Mentorship Enrichment Program Children/Youth Boys & Girls Clubs of Greater Tarrant County, Inc. Training and After School Program $60,000.00 Mentorship Young Men's Christian Children/Youth Association of Metropolitan Training and Y Achievers $50,000.00 Fort Worth Mentorship Children/Youth AB Christian Learning Center Training and After School Program $75,000.00 Mentorship Children/Youth Fortress Youth Development Training and Fortress PreSchool $50,000.00 Center, Inc. Mentorship The Presbyterian Night Shelter of Tarrant County, Homeless Moving Home Case $125,000.00 Inc. Services Management Poverty Reduction Computer Skills The Ladder Alliance and Household Training - Next Level $70,000.00 Stabilization Program Poverty Reduction Easter Seals North Texas, Inc. and Household Employment Services $50,000.00 Stabilization Poverty Reduction The Women's Center of and Household Working Families $50,000.00 Tarrant County, Inc. Stabilization Success Poverty Reduction Center for Transforming and Household Level Up $45,000.00 Lives Stabilization Microenterprise CDBG Public Service Agencies Total $1,042,006.00 Rehabilitation, Education Accessibility and Advocacy for Citizens Accessibility Improvements for $125,000.00 with Handicaps DBA Improvements Low Income REACH, Inc. Residents Accessibility United Way of Tarrant Accessibility Improvements for $50,000.00 County Improvements Low Income Senior Residents Fort Worth Area Habitat for Humanity, Inc. DBA Trinity Preserve Aging Cowtown Brush Up $455,000.00 Habitat for Humanity Housing Stock Paint Program CDBG Subrecipient Agencies Total 1 $630,000.0011 TOTAL CDBG CONTRACTS $1,672,006.00 Housing Opportunities for Persons with AIDS Contracts TABLE 2: HOPWA AGENCIES AGENCY PROGRAM AMOUNT AIDS Outreach Administration, Supportive Services, Short -Term $429,850.00 Center, Inc. Rent, Mortgage, and Utility Assistance (STRMU) Tarrant County IlAdministration, Facility -Based Operations, Samaritan Su ortive Services, Tenant -Based Rental $1,085,879.00 pp Housing, Inc. Assistance (TBRA) TOTAL HOPWA CONTRACTS $1,515,729.00 Emergency Solutions Grant Contracts TABLE 3: ESG AGENCIES AGENCY PROGRAM AMOUNT The Presbyterian Night Shelter of Tarrant Shelter $130,220.00 County, Inc. Operations/Services Lighthouse for the Homeless DBA True Worth Shelter $176,000.00 Place Operations/Services The Salvation Army 7 Homelessness $105,535.00 Prevention Center for Transforming Lives Rapid Re -Housing $98,743.00 SafeHaven of Tarrant County Shelter Operations/Services $70,905.00 TOTAL ESG CONTRACTS $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. 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. Submitted for City Manager's Office by. Fernando Costa 6122 Originating Business Unit Head: Victor Turner 8187 Additional Information Contact: Sharon Burkley 5785