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HomeMy WebLinkAboutContract 58138-A2CSC No. 58138-A2 AMENDMENT TWO TO CITY OF FORT WORTH CONTRACT NO. 58138 This Contract Renewal and Amendment is made and entered into by and between the City of Fort Worth ("City"), and Tides at Meadowbrook Owner, LLC ("Landlord"), each individually referred to as a "Parry" and collectively referred to as the "Parties." RECITALS WHEREAS, on September 6, 2022, the City entered into an agreement with the Landlord for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 58138 (the "Agreement"); WHEREAS, Tremain Webster ("Tenant") is a participant in the City's rental assistance program; WHEREAS, the Parties wish to update the prorated rent amounts found under section 3.2 of the Agreement; and WHEREAS, the Parties agree to renew and amend the Agreement as described below. NOW THEREFORE, City and Landlord do hereby agree as follows: AMENDMENT TO AGREEMENT The following terms are hereby amended to replace the referenced terms in the Agreement and shall be binding and enforceable as if they were originally included therein. The first three paragraphs of Section 3.2 Rent and Amounts Payable by City shall be amended and replaced as follows: 3.2 Rent and Amounts Pavable by City The City has been notified that the Tenant's Total Rent during the Initial Term is $1105.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during First Renewal Term is $ 1165.00 per month for the Unit. The Tenant during the Initial Term, beginning September 6, 2022 to September 30, 2022, shall be responsible for $0.00 per month for the Unit. From October 1, 2022 to July 31, 2023, the Tenant shall be responsible for $107.00 of rent per month for the Unit. From August 1, 2023 to August 4, 2023, Tenant shall be responsible for $14.00 prorated rent. During the First Renewal Term, from August 5, 2023 to August 31, 2023 the tenant shall be responsible for $18.00 of prorated rent. From September 1, 2023 to July 31, 2024 the tenant shall be responsible for $21.00 rent per month for the unit. From August 1, 2024 to August 4, 2024 the tenant shall be responsible for $3.00 prorated rent. OFFICIAL RECORD CSC No. 53219-Amendment Two Page 1 of 3 CoFW and Tides at Meadowbrook Owner, LLC CITY SECRETARY FT. WORTH, TX During the Initial Term, from September 6, 2022 to September 30, 2022, City shall pay $920.83 towards the Tenant's Total Rent for the Unit ("City Portion"). From October 1, 2022 to July 31, 2023, City shall pay $998.00 toward the Tenant's Total Rent for the Unit. From August 1, 2023 to August 4, 2023, City shall pay $127.25 prorated rent. During Tenant's First Renewal Term, from August 5, 2023 to August 31, 2023 the City shall pay $996.67 of prorated rent per month for the Unit. From September 1, 2023 to July 31, 2024 the City Portion shall be $1144.00 rent per month for the unit. From August 1, 2024 to August 4, 2024 the City Portion shall be $147.32 prorated rent. 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. II. 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. [SIGNATURE PAGE FOLLOWS] CSC No. 53219-Amendment Two Page 2 of 3 CoFW and Tides at Meadowbrook Owner, LLC IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective August 5, 2023. FOR CITY OF FORT WORTH: Name: Fernando Costa Title: Assistant City Manager Date: Sep 26, 2023 APPROVAL RECOMMENDED Name: Victor Turner Title: Director APPROVED AS TO FORM AND LEGALITY 9 U)7,2 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. lu,C G. Pew Julie C. Pena (Sep 26, 2023 11:28 CDT) Name: Julie C. Pena, MSW Title: Sr. Human Services Specialist FOR LANDLORD: Atenl Tel-ko Alexis Terry (Sep 26, 202MI:10 CDT) Name: Alexis Terry Title: Leasing Specialist Date: Sep 26, 2023 ATTEST: Name: Jannette Goodall Title: City Secretary Date: M&C No.: 22-0569 gaO4fORt°Ila v�o °-►d Ovo o=d da�� n�A54pa OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC No. 53219-Amendment Two Page 3 of 3 CoFW and Tides at Meadowbrook Owner, LLC M&C Review Page 1 of 6 A Official site of the City of Fort Worth, Texas CITY COUNCIL AGEND Fo RT WORTH 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=3 0122&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=8/9/2O22 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 AGENCY Housing Channel TABLE 1: CDBG AGENCIES CONSOLIDATED PLAN GOAL Affordable Housing Guardianship Services, Aging -In -Place Inc. Meals -On -Wheels, Inc. Aging -In -Place of Tarrant County gin g PROGRAM AMOUNT Homebuyer Education and $100,000.00 Housing Counseling Services Financial Exploitation $70,000.00 Prevention Center Home -Delivered $72,006.00 Meals http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022 M&C Review Page 4 of 6 Meals -On -Wheels, Inc. Aging of Tarrant County gin g -In -Place Girls Incorporated of Children/Youth Tarrant County Training and Mentorship United Community Children/Youth Centers, Inc. Training and Mentorship Boys & Girls Clubs of Children/Youth Greater Tarrant County, Training and Inc. Mentorship Young Men's Christian Children/Youth Association of Training and Metropolitan Fort Worth Mentorship AB Christian Learning Children/Youth Center Training and Mentorship Fortress Youth Children/Youth Development Center, Training and Inc. Mentorship The Presbyterian Night Shelter of Tarrant County, Inc. The Ladder Alliance Easter Seals North Texas, Inc. Homeless Services Poverty Reduction and Household Stabilization Poverty Reduction and Household Stabilization The Women's Center of Poverty Reduction Tarrant County, Inc. and Household Stabilization Center for Transforming Poverty Reduction Lives and Household Stabilization CDBG Public Service Agencies Total Rehabilitation, Education and Accessibility Advocacy for Citizens Improvements with Handicaps DBA p REACH, Inc. United Way of Tarrant Accessibility County Improvements Fort Worth Area Habitat Preserve Aging for Humanity, Inc. DBA Housing Stock Transportation $50,000.00 Program Leadership Program $75,000.00 Educational Enrichment Program $100,000.00 After School Program $60,000.00 Y Achievers $50,000.00 After School Program $75,000.00 Fortress PreSchool Moving Home Case Management Computer Skills Training - Next Level Program Employment Services Working Families Success Level Up Microenterprise Accessibility Improvements for Low Income Residents Accessibility Improvements for Low Income Senior Residents Cowtown Brush Up Paint Program $50,000.00 $125,000.00 $70,000.00 $50,000.00 $50,000.00 $45,000.00 1�$1,042,006.00 $125,000.00 $50,000.00 $455,000.00 http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022 M&C Review Page 5 of 6 Trinity Habitat for Humanity JCDBG Subrecipient Agencies Total TOTAL CDBG CONTRACTS Housing Opportunities for Persons with AIDS Contracts AGENCY TABLE 2: HOPWA AGENCIES PROGRAM AIDS Outreach Administration, Supportive Services, Short - Center, Inc. Term Rent, Mortgage, and Utility Assistance (STRMU) Tarrant County Administration, Facility -Based Operations, Samaritan Housing, Supportive Services, Tenant -Based Rental Inc. Assistance (TBRA) TOTAL HOPWA CONTRACTS Emergency Solutions Grant Contracts TABLE 3: ESG AGENCIES AGENCY 11 PROGRAM The Presbyterian Night Shelter of Tarrant JIShelter County, Inc. Lighthouse for the Homeless DBA Worth Place The Salvation Army Center for Transforming Lives SafeHaven of Tarrant County TOTAL ESG CONTRACTS $630,000.001 1$1,672,006.00 11 AMOUNT I $429,850.00 $1,085,879.00 1�$1,515,729.00 11 AMOUNT ��$130,220.00� ��$176,000.00� ��$105,535.00� 11 $98,743.00 $70,905.00 II$581,403.00 All figures have been rounded to the nearest dollar for presentation purposes. These programs are available in ALL COUNCIL DISTRICTS. Operations/Services True Shelter Operations/Services Homelessness Prevention JlRapid Re -Housing Shelter Operations/Services 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=8/9/2O22 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 Citv Manager's Office bv: Fernando Costa (6122) Oriqinatinq Department Head: Victor Turner (8187) Additional Information Contact: Sharon Burkley (5785) ATTACHMENTS 19NS 2022-2023 ACTION PLAN 21001.docx (Public) 19NS ACTION PLAN 2022 Aqencv Form 1295 Forms.odf (CFW Internal) Action Plan Budaet-Staff Recommendations Citv Council Work Session 060722.pdf (Public) Secretary of State Aqencv Listinqs 2022-2023.odf (Public) http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022