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HomeMy WebLinkAboutContract 61253CSC No. 61253 RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT WO TH AND DAISY P. KHO G N This RENTAL ASSISTANCE LANDLORD AGREEMENT ("Agreement") is made and entered into between the CITY OF FORT WO TH ("City"), and Daisy P. Khong ("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, ("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 two bed -room house ("Lease"). The unit is located at ("Unit"), as more fully described in Exhibit A. 2. TERM. This Agreement shall begin on April 1, 2024 and shall expire on March 31, 2025, 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, OFFICIAL RECORD Rental Assistance Landlord Agreement CITY SECRETARY Page 1 of 13 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 named Tenant may be eligible for security deposit payment assistance payable to Landlord. In the event that the City pays the security deposit for the Unit on behalf of the Tenant under a federally funded program (including the Permanent Housing Placement Program), after deducting the amount used as reimbursement to the Landlord, the Landlord will promptly refund the full amount of the balance to the City in accordance with HUD regulations. This does not limit Landlord's right to withhold any portion of the deposit that would normally be withheld at termination under the terms of the underlying lease. Based upon the City's review, City will pay a $3,238.00 security deposit, to be paid directly to the Landlord. The Landlord shall immediately notify the City when the Tenant has moved from the Unit. 3.2 Rent and Amounts Pavable by City 3.2.1 Rent. The City has been notified that the Tenant's Total Rent during the Initial Term is $1,619.00 per month for the Unit. The Tenant, during the Initial Term, shall be responsible for $0.00 of rent per month for the Unit from April 1, 2024 to April 30, 2024. From May 1, 2024 until the end of the Initial Term, Tenant shall be responsible for $718.00 of rent per month for the Unit. During the Initial Term, from April 1, 2024 to April 30, 2024 City shall pay $1,619.00 toward the Tenant's Total Rent for the Unit ("City Portion"). From May 1, 2024 and until either this Agreement expires or Landlord is notified by City otherwise, City shall pay $901.00 towards the Tenant's Total Rent. 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. Rental Assistance Landlord Agreement Page 2 of 13 3.2.2 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 utility reimbursement per month toward the Tenant's utility payments, to be paid directly to the Landlord. 3.2.3 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'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. 3.2.4 Method of Payment. Payments made electronically (i.e.- the City's Automated Clearing House network) provide more protection against theft and fraud and can be processed more quickly by the City. If Landlord registers to be paid under this Agreement electronically, City payments will generally be made on or about the first day of the month for which the payment is due. Payments for the first month of the initial term, and any subsequent renewals, may be somewhat delayed as a result of the registration and initial set-up process. If Landlord requests payment under this Agreement by paper check, City payments will be made as promptly as possible following the first day of the month for which payment is due. If Landlord request payment by check, Landlord assumes all liabilities related to theft, fraud, and late payments. If Landlord elects to receive electronic payments, Landlord will not assess any late fee against Tenant or City for late payments by City so long as payments are made within thirty (30) days of the day payment is due. In the event that the lease is provided to the City after the payment date, then Landlord will not assess any late fee against Tenant or City for late payments by City so long as payments are made within thirty (30) days of the day the lease is received by City. If Landlord elects to receive payment by paper check, under no circumstances shall late fees be assessed against Tenant or City for late payment by the City. 3.2.5 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. Rental Assistance Landlord Agreement Page 3 of 13 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 onlv remedv Landlord may assert for anv claim, no matter the kind or character, arising out of this Agreement is for the City Portion of the Tenant's Total Rent for the months that Tenant occupied the unit and this Agreement was in effect. 5. HOUSING OUALITY 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 Rental Assistance Landlord Agreement Page 4 of 13 6.1 Nondiscrimination. The Landlord shall not, in the provision of services or in any other manner, discriminate against any person on the grounds of age, race, color, creed, religion, sex, handicap, national origin, or familial status. The obligation of the Landlord to comply with Fair Housing and Civil Rights Requirements inures to the benefit of the United States of America, the Department of Housing and Urban Development, and the City, any of which shall be entitled to involve any of the remedies available by law to redress any breach or to compel compliance by the Landlord. 6.2 Cooperation in Compliance Reviews. The Landlord shall comply with the City and with HUD in conducting Fair Housing and Civil Rights and other applicable compliance reviews and complaint investigations pursuant to all applicable Fair Housing Law, civil rights statutes, Executive Orders and all related rules and regulations. 6.3 Landlord, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Landlord's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law, including City ordinances. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY LANDLORD, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, LANDLORD AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 7. RIGHTS OF CITY IF LANDLORD BREACHES THE AGREEMENT 7.1 Any of the following shall constitute a breach of the Agreement: (1) If the Landlord has violated any obligation under this Agreement; or (2) If the Landlord has demonstrated any intention to violate any obligation under this Agreement; or (3) If the Landlord has committed any fraud or made any false statement in connection with the Agreement, or has committed fraud or made any false statement in connection with any Federal housing assistance program. 7.2 The City shall notify the Landlord in writing of its determination that a breach has occurred, including a brief statement of the reasons for the determination. The notice to the landlord may, at the City's sole discretion, allow the Landlord a defined time period in which the Landlord may take corrective action to remedy the breach. 7.3 The City's right and remedies for breach of this Agreement shall not be limited by any provision of this Agreement and City shall be able to seek all remedies available under any applicable laws. 8. NO THIRD PARTY BENEFICIARIES 8.1 The City does not assume any responsibility for, or liability to, any person injured as a result of the Landlord's action or failure to act in connection with the implementation of this Agreement, or as a result of any other action or failure to act by the Landlord. Rental Assistance Landlord Agreement Page 5 of 13 8.2 The Landlord is not the agent of the City and this Agreement does not create or affect any relationship between the City and any lender to the Landlord, or any suppliers, employees, contractors or subcontractors used by the Landlord in connection with this Agreement. 8.3 Nothing in this Agreement shall be construed as creating any right of the Tenant or a third party (other than HUD) to enforce any provision of this Agreement or to assess any claim against HUD, the City or the Landlord under this Agreement. 9. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 9.1 Disclosure of Conflicts. Landlord hereby warrants to City that Landlord has made full disclosure in writing of any existing or potential conflicts of interest related to Landlord's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Landlord hereby agrees immediately to make full disclosure to City in writing. 9.2 Confidential Information. Landlord, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 9.3 Unauthorized Access. Landlord shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Landlord shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Landlord shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 10. RIGHT TO AUDIT. Landlord agrees that City or HUD shall, until the expiration of five (5) years after final payment under this Agreement, including any renewal terms, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Landlord involving transactions relating to this Agreement as HUD or the City may reasonably require at no additional cost to City or HUD. Landlord agrees that City or HUD shall have access during normal working hours to all necessary Landlord facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with 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 Rental Assistance Landlord Agreement Page 6 of 13 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, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LANDLORD'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CA USED 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. Rental Assistance Landlord Agreement Page 7 of 13 Landlord and Assignee shall be jointly liable for all obligations of Landlord under this Agreement prior to the effective date of the assignment. 13.2 Subcontract. If City grants consent to a subcontract, sub Landlord shall execute a written agreement with Landlord referencing this Agreement under which sub Landlord shall agree to be bound by the duties and obligations of Landlord under this Agreement as such duties and obligations may apply. Landlord shall provide City with a fully executed copy of any such subcontract. 14. COMPLIANCE WITH LAWS. ORDINANCES. RULES AND REGULATIONS. Landlord agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work performed at the Unit in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Landlord of any violation of such laws, ordinances, rules or regulations, Landlord shall immediately desist from and correct the violation. 15. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To LANDLORD: City of Fort Worth Daisy P. Khong Attn: Fernando Costa, Assistant City Manager 1524 Sanibel Lane 200 Texas Street Arlington, Texas 76018 Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth Neighborhood Services Department, Attention: Compliance Division at same address 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. Rental Assistance Landlord Agreement Page 8 of 13 The failure of City or Landlord to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Landlord's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 18. GOVERNING LAW / VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 19. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 20. FORCE MAJEURE. City and Landlord shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 21. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 22. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibit A. 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 Rental Assistance Landlord Agreement Page 9 of 13 herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 25. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as an original. 26. SIGNATURE AUTHORITY AND WARRANTY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. By signing this Agreement, Landlord warrants that the Unit is in decent, safe, and sanitary condition as defined in 24 CFR Section 882.109, and that the Landlord has the legal right to lease the Unit during the term. 27. CHANGE IN COMPANY NAME OR OWNERSHIP Landlord shall notify City's Neighborhood Services Department, Compliance Division and City of Fort Worth Financial Management Services Department, Purchasing Division, , in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Landlord or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 28. CONFIDENTIAL INFORMATION Landlord acknowledges that CITY is a governmental entity and is subject to the Texas Public Information Act ("Act"). By executing this agreement, Landlord acknowledges that this agreement will be publicly available on the CITY's website, and Landlord is therefore waiving 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 Rental Assistance Landlord Agreement Page 10 of 13 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 2276 of the Texas Government Code, 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. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord's signature provides written verification to City that Landlord: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES Landlord acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, 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. 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 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) Rental Assistance Landlord Agreement Page 11 of 13 ACCEPTED AND AGREED: CITY OF FORT WORTH: 5�� By: Name: Fernando Costa Title: Assistant City Manager Date: Apr 10, 2024 APPROVAL RECOMMENDED: Amy C(Apr 1012024 By: =.[13:05 CDT) Name: Amy Connolley Title: Acting Director, Neighborhood Services Department o angy ATTEST: d; FOB...1-dd O Fg Pv8 °=d V A d�Il� nE�bgpp By Name: Jannette Goodall Title: City Secretary LANDLORD: By: Daisy Khon (Ap6O, 202411:24 CDT) Name: Daisy P. Khong Title: Landlord Date: Apr 10, 2024 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. By: Name: Julie C. Pena, MSW Title: Sr. Human Services Specialist APPROVED AS TO FORM AND LEGALITY: �,1e¢a�% Gfii��trc2 By: Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0631 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Rental Assistance Landlord Agreement Page 12 of 13 EXHIBIT A CoDv of Tenant's Lease Rental Assistance Landlord Agreement Page 13 of 13 Texas Residential Lease Agreement THIS AGREEMENT (hereinafter referred to as the "Texas Lease Agreement") is made an entered into this Z day of ,) A 2 ' (hereinafter referred to as "Tenant." For and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. PROPERTY. Landlord owns certain real property and improvements located at / /, (hereinafter referred to as the "Property"). Landlord desires to lease the Premises to Tenant upon the terms and conditions contained herein. Tenant desires to lease the Premises from Landlord on the terms and conditions as contained herein. TERM. This Texas Lease Agreement shall commence on r)1-1 - 0 / _ ckO,, % and shall continue as a lease for term. The termination date shall be on , at 11:59 PM. Upon termination date, Tenant shall be required to vacate t e Premises unless one of the following circumstances occur: (i) Landlord and Tenant formally extend this Texas Lease Agreement in writing or create and execute a new, written, and signed Texas Lease Agreement; or (ii) Landlord willingly accepts new Rent from Tenant, which does not constitute past due Rent. In the event that Landlord accepts new rent from Tenant after the termination date, a month -to - month tenancy shall be created. If at any time either party desires to terminate the month -to - month tenancy, such party may do so by providing to the other party written notice of intention to terminate at least 30 days prior to the desired date of termination of the month -to -month tenancy. Notices to terminate may be given on any calendar day, irrespective of Commencement Date. Rent shall continue at the rate specified in this Texas Lease Agreement, or as allowed by law. All other terms and conditions as outlined in this Texas Lease Agreement shall remain in full force and effect. Time is of the essence for providing notice of termination (strict compliance with dates by which notice must be provided is required). RENT. Tenant shall pay to Landlord the sum of $ q per month as Rent for the Term of the Agreement. Due date for Rent Davment,shall be the 1 st day of each calendar month and shall be considered advance payment for that month. Weekends and holidays do not delay or excuse Tenant's obligation to timely pay rent. A. Delinquent Rent. If not paid on the 1st, Rent shall be considered overdue and delinquent on the 2nd day of each calendar month. If Tenant fails to timely pay any month's rent, Tenant will pay Landlord a late charge of $ ! �— per day until rent is paid in full. If Landlord receives the monthly rent by the 3rd day of the month, Landlord will waive the late charges for that month. Any waiver of late charges under this paragraph will not affect or diminish any other right or remedy Landlord may exercise for Tenant's failure to timely pay rent. 9. Prorated Rent. In the event that the Commencement Date is not the 1 st of the calendar month, Rent payment remitted on the Commencement Date shall be prorated based on a 30-day period. Form Downloaded from Rentall-easeAgreements.com C. Returned Checks. In the event that any payment by Tenant is returned for insufficient funds ("NSF") or if Tenant stops payment, Tenant will pay $ to Landlord for each such check, plus late charges, as described above, until Landlord has roceived payment. Furthermore, Landlord may require in writing that Tenant pay all future Rent payments by cash, money order, or cashier's check. D. Order in which funds are applied. Landlord will apply all funds received from Tenant first to any non -rent obligations of Tenant including late charges, returned check charges, charge -backs for repairs, brokerage fees, and periodic utilities, then to rent, regardless of any notations on a check. E. Rent Increases, There will be no rent increases through the Termination Date. If this lease is renewed automatically on a month to month basis, Landlord may increase the rent during the renewal period by providing written notice to Tenant that becomes effective the month following the 30th day after the notice is provided SECURITY DEPOSIT. Upon ex cuti9 of this Texas Lease Agreement, Tenant shall deposit with Landlord the sum of $ . � f , receipt of which is hereby acknowledged by Landlord, as security for any:amage caused to the Premises during the term hereof. REFUND OF SECURITY DEPOSIT. Upon termination of the tenancy, all funds held by the landlord as security deposit may be applied to the payment of accrued rent and the amount of damages that the landlord has suffered by reason of the tenant's noncompliance with the terms of this Texas Lease Agreement or with any and all laws, ordinances, rules and orders of any and all governmental or quasi -governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. USE OF PREMISES. The Premises shall be used and occupied solely by Tenant and Tenant's immediate family, consisting of exclusively, as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Texas Lease Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling. Tenant shall not allow any other person, other than Tenant's immediate family or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord's written consent to such use. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi -governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition. ASSIGNMENT AND SUB -LETTING. Tenant shall not assign this Texas Lease Agreement, or sub -let or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. A consent by Landlord to one such assignment, sub -letting or license shall not be deemed to be a consent to any subsequent assignment, sub -letting or license. An assignment, sub -letting or license without the prior written consent of Landlord or an assignment or sub -letting by operation of law shall be absolutely null and void and shall, at Landlord's option, terminate this Texas Lease Agreement. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Form Downloaded from RentalLeaseAgreements.com Landlord and remain on the Premises at the expiration or earlier termination of this Texas Lease Agreement, 9. NON -DELIVERY OF POSSESSION, In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession is given, Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Texas Lease Agreement and all rights hereunder shall terminate. 10. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 11. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises. 12. MAINTENANCE, REPAIR, AND RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Texas Lease Agreement and any renewal thereof. Without limiting the generality of the foregoing, Tenant shall: A. Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only; B. Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; C. Not obstruct or cover the windows or doors; D. Not leave windows or doors in an open position during any inclement weather, E. Not hang any laundry, clothing, sheets, etc., from any window, rail, porch or balcony nor air or dry any of same within any yard area or space; F. Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord; G. Keep all air conditioning filters clean and free from dirt; H. Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant; I. Tenant's family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents; J. Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents; Form Downloaded from RentalLeaseAgreements.com 15. e nI m ia. ma 16. TEN Lana to-mc and cc ' Form Downloade K. Deposit all trash, garbage, rubbish or refuse in the locations provided and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; L. Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners' Association having control over them 13. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Texas Lease Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Texas Lease Agreement continue according to Its terms. 14. ACCESS BY LANDLORD. Landlord and Landlord's agents shall have the right at all reasonable times, and by all reasonable means, without notice, during the term of this Texas Lease Agreement and any renewal thereof to enter the Premises for the following purposes: A. Inspect the Property for condition; B. Make repairs, C. Show the Property to prospective tenants, prospective purchasers, inspectors, fire marshals, lenders, appraisers, or insurance agents; D. Exercise a contractual or statutory lien; E. Leave written notice; F. Seize nonexempt property after default. Landlord may prominently display a "For Sale" or "For Lease" or similarly worded sign on the Property during the term of this Lease or any renewal period. If Tenant fails to permit reasonable access under this Paragraph, Tenant will be in default. 15. SUBORDINATION OF LEASE. This Texas Lease Agreement and Tenant's interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances. 16. TENANT'S HOLD OVER. If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Texas Lease Agreement, a new tenancy from month - to -month shall be created between Landlord and Tenant which shall be subject to all-q_ f the terms and conditions hereof except that rent shall then be due and owing at $ 1, C1 Mt/ per Form Downloaded from RentalLeaseAgreements.com month and except that such tenancy shall be terminable upon fifteen (15) days written notice served by either party. 17. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Texas Lease Agreement, reasonable use and wear and tear thereof and damages by the elements excepted. 18, ANIMALS. THERE WILL BE NO ANIMALS, unless authorized by a separate written Pet Addendum to this Residential Lease Agreement. Tenant shall not permit any animal, including mammals, reptiles, birds, fish, rodents, or insects on the property, even temporarily, unless otherwise agreed by a separate written Pet Agreement. If violates the pet restrictions of this Lease, Tenant will pay to Landlord a fee of $ 1, per day per animal for each day Tenant violates the animal restrictions as additional rent for any unauthorized animal. Landlord may remove or cause to be removed any unauthorized animal and deliver it to appropriate local authorities by providing at least 24-hour written notice to Tenant of Landlord's intention to remove the unauthorized animal. Landlord will not be liable for any harm, injury, death, or sickness to any unauthorized animal. Tenant is responsible and liable for any damage or required cleaning to the Property caused by any unauthorized animal and for all costs Landlord may incur in removing or causing any unauthorized animal to be removed. 19, WATERBEDS, THERE WILL BE NO WATERBEDS, unless authorized by a separate written Waterbed Addendum to this Residential Lease Agreement. 20. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant's performance of all Tenant's agreements contained herein and Tenant's observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof. 21. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the Tenant, Tenant's family, guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of every kind and nature. 22. DEFAULT. If Landlord breaches this Lease, Tenant may seek any relief provided by law. If Tenant fails to comply with any of the material provisions of this Texas Lease Agreement, other than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter prescribed by Landlord, or materially fails to comply with any duties imposed on Tenant by statute, within seven (7) days after delivery of written notice by Landlord specifying the noncompliance and indicating the intention of Landlord to terminate the Lease by reason thereof, Landlord may terminate this Texas Lease Agreement. If Tenant fails to pay rent when due and the default continues for seven (7) days thereafter, Landlord may, at Landlord's option, declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to Landlord at law or in equity or may immediately terminate this Texas Lease Agreement. 23. ABANDONMENT. If at any time during the term of this Texas Lease Agreement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatever. Landlord may, at Landlord's discretion, as agent for Tenant, re -let the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such re -letting, and, at Landlord's option, hold Tenant liable for any difference between the rent that would have been payable under this Texas Lease Agreement during the Form Downloaded from RentalLeaseAgreements.com balance of the unexpired term, if this Texas Lease Agreement had continued in force, and the net rent for such period realized by Landlord by means of such re -letting. If Landlord's right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so. 24. ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys' fee. 25. RECORDING OF TEXAS LEASE AGREEMENT, Tenant shall not record this Texas Lease Agreement on the Public Records of any public office. In the event that Tenant shall record this Texas Lease Agreement, this Texas Lease Agreement shall, at Landlord's option, terminate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in equity. 26. GOVERNING LAW. This Texas Lease Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Texas. 27. SEVERASILITY. If any provision of this Texas Lease Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Texas Lease Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. 28, BINDING EFFECT, The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto. 29. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant. 30. CONSTRUCTION, The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. 31. NON -WAIVER. No delay, indulgence, waiver, non -enforcement, election or non -election by Landlord under this Texas Lease Agreement will be deemed to be a waiver of any other breach by Tenant, nor shall it affect Tenant's duties, obligations, and liabilities hereunder, 32. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this Texas Lease Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. 33. NOTICE. Any notice required or permitted under this Lease or under state law shall be delivered to Tenant at the Property address, and to Landlord at the following address: Form Downloaded from RentalLeaseAgreements.com 34. LEAD -BASED PAINT DISCLOSURE. If the premises were constructed prior to 1978, Tenant acknowledges receipt of the form entitled 'LEAD -BASED PAINT DISCLOSURE" which contains disclosure of information on lead -based paint and/or lead -based paint hazards. As to Landlord this day of V Yla(_C_ h , 209. LANDLORD Signature: 1 , r Print: ! �' /-�A/ f1 Date:`` As to Tenant, this .3L day of Y_Y)6.(CV'l 20L . TENANT Dater �C 1 TENANT Signature: Print: Date: Form Downloaded from RentalLeaseAgreements.com M&C Review Page 1 of 7 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT WORTH Create New From This M&C REFERENCE 19NS 2023-2027 DATE: 8/8/2023 NO.: M&C 23-0631 LOG NAME: CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN CODE: C TYPE: NON- PUBLIC YES CONSENT HEARING: SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2023-2027 Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for the Use of Federal Grant Funds in the Amount of $13,452,621.00 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 of City Staff Sharon Burkley; b. Public Comment; c. Council Action: Close Public Hearing and Act on M&C) RECOMMENDATION: It is recommended that City Council: 1. Conduct a public hearing to allow citizen input and consideration of the City's 2023-2027 Consolidated Plan Priorities and Goals and 2023-2024 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 $13,552,621.00 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 2023-2027 Consolidated Plan and 2023-2024 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 an increase in the City's Priority Repair Program contract authority by $500,000.00 annually for a total annual amount of $2,500,000.00 for the next five years (Fiscal Years 2023- 2027) contract authority of $46,858,546.53 to reflect the increased annual funding allocation from $2,000,000.00 to $2,500,000.00. 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' Community Development Block Grant funds for the City's Priority Repair Program; 5. 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; 6. 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 2023-2024 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; 7. Authorize the City Manager or his designees 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; http://apps.cfwnet.org/council packet/mereview.asp?ID=31258&councildate=8/8/2023 8/t7/2023 M&C Review Page 2 of 7 8. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the total amount of $13,452,621.00 consisting of $6,994,785.00 in Community Development Block Grant funds, $3,271,119.00 in HOME Investment Partnerships Program funds, $610,543.00 in Emergency Solutions Grant funds, and $2,576,174.00 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 9. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 28.10\%, estimated total of $393,106.92. DISCUSSION: The City of Fort Worth's (City's) 2023-2027 Consolidated Plan assesses community and affordable housing needs and sets strategic priorities and goals for use of federal grants funds from the United States Department of Housing and Urban Development (HUD) for a five-year period. These priorities and goals are to be addressed with Annual Action Plans that summarize the major housing and community development activities and proposed expenditures for each of the five years. These priorities and goals were developed to be consistent with strategies and initiatives previously adopted by the City Council, as well as through an assessment of community needs. This included Citywide public meetings conducted by JQuad Planning Group, the consultant contracted to prepare the Consolidated Plan in collaboration with the Neighborhood Services Department staff. The recommended Consolidated Plan priorities and goals for use of HUD grant funds over the next five years are summarized below. PRIORITY NEED I GOAL (Promote Affordable Housing (Increase neighborhood stability through homeownership assistance; for Renters and Owners Fair Housing efforts, and supportive services for renters and owners l Housing Preservation and Preserve and expand the supply of quality affordable housing Rehabilitation throughout the City Neighborhood Improvement nhance neighborhood development and revitalization throughout and Revitalization the City Economic Empowerment Support programs and services providing employment training and and Financial Resilience career readiness programs that promote self-sufficiency and household stability Support programs and services to prepare children and youth for Children and Youth Services success through educational, mentoring, training and related programs Support programs and services for older adults to access resources Aging In Place needed to age in their homes, while maintaining both their independence and quality of life ccessibility Improvements Improve accessibility in public facilities and housing, including Ilarchitectural barrier removal Homelessness Prevention Provide housing and support services for persons experiencing and and Special Needs Support at -risk of experiencing homelessness; support efforts to achieve permanent housing (Healthy Living and Wellness ��health Support programs and services to improve the mental and physical of low -to moderate -income Fort Worth families The City's 2023-2024 Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2023 and ending September 30, 2024 for use of federal grant funds totaling $13,452,621.00 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 httn://anns.cfwnet.ori2/counci1 racket/me review. asp?ID=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 3 of 7 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. A Request for Proposals from social service agencies and nonprofit organizations seeking grant funding was published on February 1, 2023. All proposals were received on March 15, 2023. Staff reviewed all proposals and developed recommendations for the allocation of estimated funding from HUD based on the capacity of applicant organizations, grant experience, fiscal stability, and compliance with applicable federal regulations. One public hearing was held on April 12, 2023 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 10, 2023. These funding recommendations were presented in City Council Work Session on August 1, 2023. A 30-day public comment period was held from June 30, 2023 to July 31, 2023. Notice of this public comment period was published in the Fort Worth Star -Telegram on June 29, 2023; in the Cleburne Times Review on July 6; in the Weatherford Democrat on July 8; and in La Vida News on July 13. Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. The City held two public hearings as a part of the HUD required citizen participation process. The first public hearing was held by staff on July 12, 2023, and the second public hearing is scheduled for the City Council on August 8, 2023. 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 2023-2024 Annual Action Plan will be submitted to HUD by August 15, 2023. Indirect costs totaling approximately $393,106.92 could be charged to these grants, as the Neighborhood Services Department indirect cost rate is 28.10\% 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. Mayor & Council Communication (M&C) 22-0569 dated August 9, 2022 increased the annual funding amount of the City's Priority Repair Program (PRP) from $1,100,000.00 to $2,000,000.00. Approval of this M&C authorizes an additional increase of annual funding from $2,000,000.00 to $2,500,000.00. This will require an increase in the expenditure authority for the PRP and the contracting authority for PRP agreements, resulting in an annual increase of $500,000.00. A total five year (Fiscal Years 2023-2027) contract authority of $46,858,546.53 for PRP is necessary to facilitate the increase in funding from CDBG. COMMUNITY DEVELOPMENT BLOCK GRANT For Program Year 2023-2024, it is recommended that the amount of $6,994,785.00 in CDBG funds and an estimated amount of $50,000.00 in CDBG program income totaling $7,044,785.00 be allocated as follows: Public Service Agencies - $1,049,218.00: Includes social services for low- and moderate -income persons, persons with disabilities, and disadvantaged persons Housing Programs - $3,910,000.00: 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 - $636,610,00: Includes for multifamily rental rehabilitation Administration - $1,398,957.00: Includes costs for administering the CDBG grant, including allocations for the Financial Management Services Department 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 2023-2024, it is recommended that the amount of $3,271,119.00 in HOME funds and an estimated amount of $50,000.00 in HOME program income totaling $3,321,119.00 be allocated as follows: M&C Review Page 4 of 7 Homebuyer Assistance Program - $408,339.25: Includes funding for down payment and closing cost assistance for low- and moderate -income homebuyers Community Housing Development Organization - $490,667.85: HUD requires that a minimum of 15 percent of HOME funds be allocated to Community Housing Development Organizations (CHDOs) for affordable housing projects. These funds will be used by Housing Channel for multifamily housing development in southeast Fort Worth. 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. Community Housing Development Organization Operating - $45,000.00: Major Projects - $2,000,000.00: 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 ($1,000,000.00) allocated to the multifamily housing project, Columbia Renaissance - Phase III Administration - $327,111,90: 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 2023-2024, it is recommended that the amount of $2,576,174.00 in HOPWA funds be allocated as follows: Public Service Agencies - $1,729,850.00 Neighborhood Services Department - $769,039.00 Administration - $77,285.00 EMERGENCY SOLUTIONS GRANT For Program Year 2023-2024, it is recommended that the amount of $610,543.00 in ESG funds to be allocated as follows: Public Service Agencies - $564,752.00 Administration - $45,791.00 CONTRACT RECOMMENDATIONS The Community Development Council and Neighborhood Services Department staff recommend that contracts be executed with the public service and CDBG subrecipient agencies for the amounts shown in the following tables: Community Development Block Grant Contracts AGENCY r BChristian Learning enter (Boys & Girls Clubs of Greater Tarrant County, Camp Fire First Texas Cancer Care Services TABLE 1: CDBG AGENCIES IICONSOLIDATED PLAN GOAL Children and Youth Services Children and Youth Inc. Services Children and Youth Services Healthy Living and Wellness Easter Seals North Texas, Economic Inc. Empowerment and Financial Resilience PROGRAM II AMOUNT Out of School Time $78,218.00 Program Youth Development $70,000.00 at Eastside Branch Teens In Action $50,000.00 Cancer Care $50,000.00 Services Employment Services $60,000.00 Girls Incorporated of Tarrant Children and Youth I Leadership Program $100,000.00 County Services II Guardianship Services, Inc. JAging In Place Money Smart+ 11 $100,000.001 I i i u i httD:HaDDs.cfwnet.org/council packet/me review. asp?ID=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 5 of 7 Housing Channel (Junior Achievement of the Chisholm Trail, Inc. Maroon 9 Community Enrichment Organization Meals -On -Wheels, Inc. of Tarrant County NPower Inc. The Ladder Alliance The Women's Center of Tarrant County, Inc. Promote Affordable Housing for Renters and Owners Children and Youth Services Children and Youth Services Aging In Place Economic Empowerment and Financial Resilience Economic Empowerment and Financial Resilience Economic Empowerment and Financial Resilience Housing Counseling & Education l Cradle to Career II Initiative ItMaroon 9 Teen richment Program (Nutrition Program II "Tech Fundamentals Workforce Training Program Tarrant County Workforce Development Employment Solutions $111,000.00 $25,000.001 $25,000.00I $75,000.00I $25,000.00 l�M $75,000.00 Holistic Educational (United Community Centers, (Children and Youth ��Literacy $125,000.00 Inc. Services Program JCDBG Public Services Agencies Total II$1,049,218.001 Rehabilitation, Education and Advocacy for Citizens Accessibility Project Ramp $165,000.00 with Handicaps dba Improvements REACH, Inc. Fort Worth Area Habitat for Housing Preservation Humanity, Inc. DBA Trinity Cowtown Brush Up $455,000.00 and Rehabilitation Habitat for Humanity JCDBG Subrecipient Agencies Total I $620,000.001 TOTAL CDBG CONTRACTS 11$1,669,218.001 Housing Opportunities for Persons with AIDS Contracts TABLE 2: HOPWA AGENCIES AGENCY PROGRAM AMOUNT AIDS Outreach Administration, Support Services, Short -Term Rent, Center, Inc. Mortgage, and Utility Assistance (STRMU), Tenant- $429,850.00 Based Rental Assistance Tarrant Samaritan ranCounty Housin Administration, Facility -Based Operations, Supportive $1,300,000.00 Inc. g' Services, Tenant -Based Rental Assistance (TBRA) TOTAL HOPWA CONTRACTS Emergency Solutions Grants TABLE 3: ESG AGENCIES AGENCY IThe Presbyterian Night Shelter of Tarrant County, Inc. Lighthouse for the Homeless dba True Worth Place . 4 . Shelter Operations/Services Day Shelter Operations/Services 1$1,729,850.00 11 AMOUNT 1 II$116,635.00I 11$158,400.001 11 1 M&C Review Page 6 of 7 IThe Salvation Army Center for Transforming Lives ISafeHaven of Tarrant County TOTAL ESG CONTRACTS IlHomelessness Prevention IlRapid Re -Housing JIShelter Operations/Services All figures have been rounded to the nearest dollar for presentation purposes. available in ALL COUNCIL DISTRICTS. $150,000.00 II $75,901.001 II $63,816.001 11$564,752.001 These programs are 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. Alternatives 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. TO Fund I Department Account I Project I Program Activity ID ID FROM Fund Department Account Project p 1 ID I I ID Submitted for Citv Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS Program I Activity Budgetl Reference # Year I (Chartfield 2) Budget Reference # Year (Chartfield 2) Fernando Costa (6122) Victor Turner (8187) Sharon Burkley (5785) Rhonda Hinz (2573) Amount Amount 19NS ACTION PLAN 2023 Agencv Form 1295 Forms.pdf (CFW Internal) http://apps.cfwnet.orP/council packet/mc review. asp?ID=3 12 5 8 &councildate=8/8/2023 8/17/2023 M&C Review Page 7 of 7 Action Plan SOS Filings.pdf (Public) ConPlan July 12 Public Hearinq.pdf (Public) FWCP Citv Council NQRC Committee Power Point Interim Report Communitv Enaaqement Report June 2, 2023.m)tx (CFW Internal) IR Consolidated Plan Action Plan 080123.docx, (Public) ORD.APP_19NS 2023-2027 CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN _21001 AO23(r7).docx (Public) httn://anns.cfwnet.orf4/counci1 packet/me review. asp?ID=3 125 8&councildate=8/8/2023 8/17/2023