HomeMy WebLinkAboutContract 59873CSC No. 59873
RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT
WORTH AND NEW 172 HILLSIDE PARTNERS, LLC
This RENTAL ASSISTANCE LANDLORD AGREEMENT ("Agreement") is made
and entered into between the CITY OF FORT WORTH ("City"), and NEW 172 HILLSIDE
PARTNERS, LLC ("Landlord"), 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, in the event the City determines the Tenant named below is eligible for a
utility reimbursement payable to their landlord under the Utility Allowance Schedule established
by either the Tarrant County Housing Assistance Office or Fort Worth Housing Solutions, City
will also provide assistance in the form of monetary payment for a defined portion of utilities to
the landlord or management company of the property; and
WHEREAS, TITAL DAVY BOULINGUI ("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 2 -bedroom ("Lease"). The
unit is located at 915 E 3rd Street, Fort Worth, Texas 76102 ("Unit"), as more fully described in
Exhibit A.
2. TERM.
This Agreement shall begin on July 1, 2023 and shall expire on December 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,
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
provided however that the rental rate and any amounts payable by City shall be provided to the
City in writing for the new term at least 30 days prior to the effective date of the renewal term.
3. COMPENSATION.
3.1 Security Deposit
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 $1400.00
per month for the Unit.
The Tenant, during the Initial Term, from July 1, 2023 to August 31, 2023 shall be
responsible for $0.00. From September 1, 2023 to December 31, 2023, the Tenant shall be
responsible for $84.00 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 $1,400.00 from July 1, 2023 to August 31, 2023. From September
1, 2023 to December 31, 2023, City shall pay $1,316.00 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.
Utilities. The named Tenant may be eligible for a utility reimbursement payable to
Landlord. The amount of the allowance has been calculated utilizing the Utility Allowance
Schedule established by the Tarrant County Housing Assistance Office/Fort Worth Housing
Solutions. Based upon the City's review, during the Initial Term, City will pay no more than $0.00
utility reimbursement per month toward the Tenant's utility payments, to be paid directly to the
Landlord.
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
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paid under this Agreement on or about the first day of the month for which the payment is due.
The Landlord's signature on this agreement shall be a certification that:
1. The Unit is in decent, safe and sanitary condition, and that the Landlord is providing
the services, maintenance and utilities agreed to in the Lease.
2. The Unit is leased to and occupied by the Tenant named above in this Agreement.
3. The Landlord has not received and will not receive any payments as rent for the
Unit other than those identified in this Agreement.
4. To the best of the Landlord's knowledge, the unit is used solely as the Tenant's
principal place of residence.
Overpayments. If the City determines that the Landlord is not entitled to any payments
received, in addition to other remedies the City may deduct the amount of the overpayment from
any amounts due the Landlord, including the amounts due under any other Rental Assistance
Agreement.
4. TERMINATION.
4.1. Termination of Tenancy: The Landlord may terminate its lease with the Tenant
only as authorized by and through and following applicable state and local laws. The Landlord
must give the Tenant at least 30 days' written notice of the termination and notify the City in
writing within two business days of 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.
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5. HOUSING QUALITY STANDARDS AND LANDLORD -PROVIDED SERVICES
5.1 The Landlord agrees to maintain and operate the Unit and related facilities to provide
decent, safe and sanitary housing in accordance with 24 CFR Section 882.109, including
all of the services, maintenance and utilities agreed to in the Lease.
5.2 The City shall have the right to inspect the Unit and related facilities at least annually, and
at such other times as may be necessary to assure that the Unit is in decent, safe, and
sanitary condition, and is in compliance with applicable local codes, and that required
maintenance, services and utilities are provided.
5.3 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 REQUIREMENT
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
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(2) If the Landlord has demonstrated any intention to violate any obligation
under this Agreement; or
If the Landlord has committed any fraud or made any false statement in
connection with the Agreement, or has committed fraud or made any false
statement in connection with any Federal housing assistance program.
7.2 The City shall notify the Landlord in writing of its determination that a breach has
occurred, including a brief statement of the reasons for the determination. The notice to the
landlord may, at the City's sole discretion, allow the Landlord a defined time period in which the
Landlord may take corrective action to remedy the breach.
7.3 The City's right and remedies for breach of this Agreement shall not be limited by
any provision of this Agreement and City shall be able to seek all remedies available under any
applicable laws.
(3)
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.
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10. RIGHT TO AUDIT.
Landlord agrees that City or HUD shall, until the expiration of five (5) years after final
payment under this Agreement, including any renewal terms, or the final conclusion of any audit
commenced during the said three years, have access to and the right to examine at reasonable times
any directly pertinent books, documents, papers and records, including, but not limited to, all
electronic records, of Landlord involving transactions relating to this Agreement as HUD or the
City may reasonably require at no additional cost to City or HUD. Landlord agrees that City or
HUD shall have access during normal working hours to all necessary Landlord facilities and shall
be provided adequate and appropriate work space in order to conduct audits in compliance with
the provisions of this section. City or HUD shall give Landlord reasonable advance notice of
intended audits.
This section shall survive the expiration or termination of this Agreement.
11. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Landlord shall operate as an independent
contractor as to all rights and privileges and work performed under this Agreement, and not as
agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Landlord shall have the exclusive right to control the details of its
operations and activities and be solely responsible for the acts and omissions of its officers, agents,
servants, employees, consultants and subcontractor. Landlord acknowledges that the doctrine of
respondent superior shall not apply as between City, its officers, agents, servants and employees,
and Landlord, its officers, agents, employees, servants, Landlords and subcontractors. Landlord
further agrees that nothing herein shall be construed as the creation of a partnership or joint
enterprise between City and Landlord. It is further understood that 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 ANY AND
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
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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.
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:
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To CITY:
City of Fort Worth
Attn: Fernando Costa, Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth Neighborhood
Services Department, Attention: Compliance
Division at same address
To LANDLORD:
New 172 Hillside Partners LLC
Cameron Perez, Community Manager
dba Jennings Place
1201 E 13th Street
Fort Worth, TX 76102
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.
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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.
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
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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
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
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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:
(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)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By:
Date:
Name: Fernando Costa
Title: Assistant City Manager
Aug 1, 2023
APPROVAL RECOMMENDED:
By: u>
Name: Victor Turner
Title: Director,
Neighborhood Services Department
ATTEST:
By:
Name: Jannette Goodall
Title: City Secretary
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.
B ll'a"- GJ' GW'7.Ai
Name: Cyndee Garza
Title: Sr. Human Services Specialist
APPROVED AS TO FORM AND
LEGALITY:
Name: Jessika Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 22-0569
LANDLORD:
Ca-merow, Perez
ByCamerop Perez l h1179 7574 11.57 CDT1
Name: Cameron Perez
Title: Community Manager
Date: J u l 29, 2023
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/09/22
LOG NAME: 19NS 2022-2023 ACTION PLAN
SUBJECT
M&C FILE NUMBER: M&C 22-0569
(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
PLAN GOAL
PROGRAM
AMOUNT
Homebuyer
Housing Channel
Affordable
Housing
Education and
Housing Counseling
Services
$100,000.00
Guardianship Services, Inc.
Aging -In -Place
Financial Exploitation
Prevention Center
$70,000.00
i
Meals -On -Wheels, Inc. of
Tarrant County
Aging -In -Place
Home -Delivered
Meals
$72,006.00
Meals -On -Wheels, Inc. of
Tarrant County
Aging -In -Place
Transportation
Program
$50,000.00
Girls Incorporated of Tarrant
County
Children/Youth
Training and
Mentorship
Leadership Program
$75,000.00
United Community Centers,
Inc.
Children/Youth
Training and
Mentorship
Educational
Enrichment Program
$100,000.00
Boys & Girls Clubs of
Greater Tarrant County, Inc.
Children/Youth
Training and
Mentorship
After School Program
$60,000.00
i
Young Men's Christian
Association of Metropolitan
Fort Worth
Children/Youth
Training and
Mentorship
Y Achievers
$50,000.00
AB Christian Learning
Center
Children/Youth
Training and
Mentorship
After School Program
J
$75,000.00
Fortress Youth Development
Center, Inc.
Children/Youth
Training and
Mentorship
Fortress PreSchool
$50,000.00
The Presbyterian Night
Shelter of Tarrant County,
Inc.
Homeless
Services
Moving Home Case
Management
$125,000.00
The Ladder Alliance
Poverty Reduction
and Household
Stabilization
Computer Skills
Training - Next Level
Program
$70,000.00
Easter Seals North Texas,
Inc.
Poverty Reduction
and Household
Stabilization
Employment Services
$50,000.00
The Women's Center of
Tarrant County, Inc.
Poverty Reduction
and Household
Stabilization
Working Families
Success
$50,000.00
Center for Transforming
Lives
Poverty Reduction
and Household
Stabilization
Level Up
Microenterprise
$45,000.00
CDBG Public Service Agencies Total
$1,042,006.001
Rehabilitation, Education
and Advocacy for Citizens
with Handicaps DBA
REACH, Inc.
Accessibility
Improvements
Accessibility
Improvements for
Low Income
Residents
$125,000.00
United Way of Tarrant
County
Accessibility
Improvements
Accessibility
Improvements for
Low Income Senior
Residents
$50,000.00
Fort Worth Area Habitat for
Humanity, Inc. DBA Trinity
Habitat for Humanity
Preserve Aging
Housing Stock
Cowtown Brush Up
Paint Program
$455,000.00
_
CDBG Subrecipient Agencies Total
$630,000.00
TOTAL CDBG CONTRACTS
$1,672,006.00
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY
PROGRAM
AMOUNT
AIDS Outreach
Center, Inc.
Administration, Supportive Services, Short -Term
Rent, Mortgage, and Utility Assistance (STRMU)
$429,850.00
Tarrant County
Administration, Facility -Based Operations,
Samaritan
Housing, Inc.
Supportive Services, Tenant -Based Rental
Assistance (TBRA)
TOTAL HOPWA CONTRACTS
$1,085,879.00
$1,515,729.00
Emergency Solutions Grant Contracts
TABLE 3: ESG AGENCIES
AGENCY
PROGRAM
AMOUNT
The Presbyterian Night Shelter of Tarrant
County, Inc.
Shelter
Operations/Services
$130,220.00
Lighthouse for the Homeless DBA True Worth
Place
Shelter
Operations/Services
$176,000.00
The Salvation Army
Homelessness
Prevention
$105,535.00
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:
Additional Information Contact:
Victor Turner 8187
Sharon Burkley 5785