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HomeMy WebLinkAboutContract 61295CSC No. 61295 RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CASA SOKO LLC This RENTAL ASSISTANCE LANDLORD AGREEMENT ("Agreement") is made and entered into between the CITY OF FORT WORTH ("City"), and CASA SOKO 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, ("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 4 BEDROOM ("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, Rental Assistance Landlord Agreement 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 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 of the City Portion 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 $1,295.00 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 Payable by City 3.2.1 Rent. The City has been notified that the Tenant's Total Rent during the Initial Term is $2495.00 per month for the Unit. The Tenant, during the Initial Term, from April 1, 2024 to April 30, 2024 shall be responsible for $0.00 of rent per month for the Unit. Beginning Mav 1, 2024 to March 31, 2025, the Tenant shall be responsible for $690.00 of rent per month for the Unit. During the Initial Term, from April 1, 2024 to April 30, 2024, City shall pay $2495.00 toward the Tenant's Total Rent for the Unit ("City Portion"). Beginning May 1, 2024 to March 31, 2025, the City shall be responsible for $1,805.00 of rent per month for the Unit. 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 $0.00 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 only remedy Landlord may assert for any claim, no matter the kind or character, arising out of this Agreement is for the City Portion of the Tenant's Total Rent for the months that Tenant occupied the unit and this Agreement was in effect. 5. HOUSING QUALITY STANDARDS AND LANDLORD -PROVIDED SERVICES 5.1 The Landlord agrees to maintain and operate the Unit and related facilities to provide decent, safe and sanitary housing in accordance with 24 CFR Section 882.109, including all of the services, maintenance and utilities agreed to in the Lease. 5.2 The City shall have the right to inspect the Unit and related facilities at least annually, and at such other times as may be necessary to assure that the Unit is in decent, safe, and sanitary condition, and is in compliance with applicable local codes, and that required maintenance, services and utilities are provided. 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 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. 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, 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 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. 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: 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 Depai linent, Attention: Compliance Division at same address To LANDLORD: Alfonso Burciaga Casa Soko, LLC 9848 Milkweed Ln. Fort Worth, TX 76117 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: By: Name: Fernando Costa Title: Assistant City Manager Date: Apr 18, 2024 APPROVAL RECOMMENDED: By: 4 Amy onnoll (Apr 18, 2 4R1 11:56 CDT) Name: Amy Connolly Title: Acting Neighborhood Services Director, Neighborhood Services Department ATTEST: By: A 1$1:,,s/. e a 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. By: Cgn,d e-e- Name: Cyndee Garza Title: Sr. Human Services Specialist APPROVED AS TO FORM AND LEGALITY: uJ By: Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0631 LANDLORD: Alfonso T Yurciaja By: Alfonso J Burciaga (Apr 16, 2024 14:37 T) Date: Name: Alfonso Burciaga Title: Landlord Apr 16, 2024 Rental Assistance Landlord Agreement OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A Copy of Tenant's Lease Rental Assistance Landlord Agreement Pagc 13 of 13 9848 Milkweed Ln Fort Worth, TX 76177 817-683-9976 rentmenow@live.com Initials RENTAL AGREEMENT THIS IS A LEGALLY BINDING CONTRACT. YOU ARE ADVISED TO SEEK THE ADVICE OF LEGAL COUNSEL PRIOR TO SIGNING IT IN THE EVENT YOU FEEL IT TO BE NECESSARY FOR COMPLETE UNDERSTANDING AND COMPLIANCE. THIS PROPERTY IS MANAGED BY AN INVESTOR REPRESENTING HIS INTERESTS AND/OR INTERESTS OF THE LANDLORDWGENTS OF THE REAL PROPERTY. 1. County of Tarrant from: Cc: sq 5 .1[c +C L Q_ Landlord\Agent. r Rent will start 7 - / - a 1] and will continue until the last day of 3 - 3 f - 0?-S . If Resident takes possession of the property on any day other than the first of the month, Resident shall pay a full month's rent upon signing this agreement, then a prorated amount on the basis of a thirty day month, due on the first day of the month following this agreement. 2. Landlord is the agent for service of notice on this property and may be contacted by mail at the official office address above. Office address is subject to change by written notice. All correspondence between the parties of this agreement shall be in writing or email. U�y O 3. The amount of the rent will be $ of 7 !. 0 due in advance the last business day of the month prior to the month for which the rent is due. Resident understands and agrees that if the total rent is not received by the 1ST of each month at noon, there will be a $75 00 late fee charge per month per pay period in addition to the full rent due. In addition to late fee there will be a $15 per day fee until full rent is paid. If a check is retumed by Resident's bank for any reason, Resident understands and agrees that there will be a $50.00 retumed check charge in addition to the full rent and late charges due. In addition, resident will have to pay using cashier's checks or money orders from then on. Tenant agrees to add minimum $50.00 rent increase per rent period renewed. Your rent payment is critical! No excuses will be accepted for non-payment including ill health, accident, loss of job financial problems family emergencies, etc.' FAILURE TO PAY RENT WHEN DUE CAN RESULT IN IMMEDIATE TERMINATION OF THIS RENTAL AGREEMENT AND EVICTION. The first 60 days Landlord will pay any service fees needed. After the first 60 days Tenant responsible for all general maintenance of the house. If a company is required to service any Plumbing, Electrical, Ac or Heating systems then the tenant is responsible for the first $75.00 per service call for any Appliance, Plumbing, Electrical AC & Heating, service calls needed to maintain the property. 4. USE: The property will be used only as living quarters for the following people: %. Residents agree that premises will not be used for a day care or babysitting business. Page 1 9848 Milkweed Ln Fort Worth, TX 76177 817-683-9976 5. MAILING OR DELIVERY OF RENTS: Checks sent by the mail are done so at the sender's own risk. Rents will be credited as paid only when actually received by Landlord. To avoid the risk of lost checks, you may DELIVER your rent to Landlord, at it's office address. If you would prefer to mail your rent it is recommended it be mailed at least one week early to allow for any delay in delivery and sent to the address at the beginning of this agreement. Remember, if your rent is lost in the mail, it has not been paid! 6. UTILITIES: Tenant is responsible for payment of all utilities which are billed separately to the unit including electricity, gas, telephone, Internet service, and cable TV charges Incurred during their tenancy and thereafter until they terminate these services. Tenant specifically authorizes the Landlord\Agent to charge him for all unpaid amounts as additional rent. Residents shall not allow electricity to be disconnected by any means (including nonpayment of bill) until the end of the lease term or renewal period. 7. Resident agrees to have a telephone installed and to provide the number to the Landlord'Agent within 3 days of installation. Tenant will also notify LandlordlAgent within 3 days of any future changes of phone number. 8. RECEIPT OF MONIES BY Landlord Resident and Landlord hereby agree that all monies received by Landlord, or its agents shall first be applied to any and all charges due other than rent and the balance of any monies received shall be applied toward rent due. G� 0 9. SECURITY DEPOSIT: Security deposit is $ &k ! Resident and Landlord/Agent agree that within sixty (60) days after termination of this Rental Agreement or surrender and acceptance of the Property, whichever occurs last, Landlord/Agent shall provide Resident at his/her last known address with a written statement listing the reasons for any and all charges against the security deposit, and refund the balance of the security deposit (if any) therewith. The security deposit shall be returned to Resident only after each and all of the following conditions have been met: 1. The rental term must end on the date specified in Section 1, and Resident must not have held over. "Holding over is defined as retaining possession after either party has given written notice of termination. 2. Prior to date of termination or expiration thirty days written notice must have been given by Resident to Landlord/Agent or their authorized representative. 3. There are no unpaid charges, damages or rentals due by Resident hereunder. 4. The Property, including designated kitchen appliances, has been cleaned and left in the same condition as it was received. If Resident fails to clean and leave the property in the same condition as it was received reasonable charges to complete such cleaning plus a profit for Landlord/agents oversight shall be deducted. 5. The received condition noted in Section 9. B.4 above is defined as that condition recorded by the Resident on the move -in inspection and inventory record noted in Section 10. After inspection by Landlord/Agents representative, which Resident agrees will be done at Landlord/Agent's convenience with or without notice of the inspection time and date, or appropriate charges will be deducted for any unpaid damages or repairs to the Property or its contents (beyond reasonable wear); insufficient Tight bulbs; stickers, scratches, bums or holes, etc., on the walls, doors, floors, draperies, carpets and/or furniture, etc. Altematively, the inspection and inventory record submitted by the Resident will be compared with the inspection and inventory record submitted by the new Resident and appropriate charges deducted as above. Costs for cleaning, repairs. and any other items required to bring unit back into rentable condition will be charged at an amount higher than Landlord/Agents cost so as to ensure Landlord/Agent a profit for oversight or involvement in such preparation. C. The security deposit or other like amounts received by Landlord/Agent from Resident pursuant to this Rental Agreement will be held and disbursed subject to the terms of this Rental Agreement and law. In the event Landlord/Agent appoints its agent, broker or manager to hold and disburse said funds Resident hereby consents to such appointment. In the event of a sale of the premises by owner, upon Landlord/Agent.'s compliance with the applicable law, Resident will look solely to the successor owner, or said owner's agent, broker or manager, as the case may be, for satisfaction of all claims relating to said security deposit and shall not look to original owner or Landlord/Agent. Page 2 9848 Milkweed Ln Fort Worth, TX 76177 817-683-9976 10. ACCEPTANCE OF PROPERTY: The property is accepted as is and in its current state of cleanliness and will be retumed in the same approximate condition. If you wish to pay $300.00 extra cleaning fee to have hired maids clean the property prior to moving in, the Landlord\Agent will arrange it. The Resident has been given the opportunity to fully inspect the property and warrants that the property being rented is hereby accepted as being in good and safe condition together with all furnishings unless a written exception is delivered to the LandlordlAgent within 3 days after signing this agreement. Only those items included in said written exception shall be accepted as defective, missing or in need of remedial action. The absence of such notice shall be conclusive proof that there was no defective or hazardous equipment or conditions existing as of the start of the tenancy. An inspection and inventory record may be written up by Resident for the purpose of documenting any defects as well as the serial numbers and description of appliances and personal property located on the premises. This will establish the "base line" condition of the property and the property inventory for which the tenant will be held accountable. Only after this record has been filled in and delivered to Landlord, within the above 3-day time limit will necessary action be initiated to make any needed repairs. Any defects noted after the first 3 days will be presumed to have been caused by the Resident. TIME IS OF THE ESSENCE IN RETURNING THIS INFORMATION. 11. PETS: ABSOLUTELY NO PETS OR ANIMALS OF ANY KIND PERMITTED with out written consent of Landlord. No animals of any kind shall be kept or harbored in the leased Property or on the exterior of the property. Any Pets that are found to be on the property will be presumed to be strays and will be disposed of by the appropriate agency as prescribed by law, unless there is written consent of Land lord. Pet fee is $35.00/month for 1st pet and $10.00 per additional pets;per month. 12. MOTOR VEHICLES: Resident and Landlord agree that any abandoned, unlicensed, derelict, and/or inoperable vehicles parked on the premises may be towed off the premises by Landlord at the vehicle owner's expense after posting a 72 hour notice in a conspicuous place on the vehicle indicating Landlord's intent to tow said vehicle. Resident further agrees not to store and/or park any trailer, camper, boat, or any other similar recreational item or vehicle on the premises without the written consent of Landlord. 13. RULES AND REGULATIONS: Resident, Resident's guests and occupants shall comply with written unit rules (including community policies) which shall be considered part of this lease. Landlord may make reasonable rule changes if in writing and distributed to all units in the unit community. Changes are effective immediately. Resident shall be liable to Landlord for damages caused by Resident or Resident's guests or occupants. Sidewalks, steps, entrance halls, walkways and stairs shall not be obstructed or used for any purpose other than ingress or egress. 14. DISORDERLY CONDUCT: Resident agrees not to permit or suffer any disorderly conduct, noise, vibration, odors or other nuisance whatever about the Property, having a tendency to annoy or disturb any persons occupying adjacent Properties and to use no machinery or any other apparatus which would damage the Property or annoy other Residents. 15. MAINTENANCE: All maintenance requests that will cost more than $75.00 per repair must be approved in writing before any repairs are done by Landlord. All maintenance requests need to be sent in writing to the Landlord/Agent. Resident may call 817-683-9976 for emergencies. A written request must follow each phone call within two days to be a valid maintenance request. As part of this tenancy, Resident shall supply and maintain smoke detector(s), carbon monoxide detector(s) and fire extinguisher(s). Resident agrees to test smoke detector(s) and carbon monoxide detector(s) on a regular basis and to change batteries as necessary. Resident agrees that any blockages in plumbing and drains or any broken glass that is not revealed on the inspection and inventory record at time of move in are the full responsibility of the Resident regardless of cause. Should Resident request repairs to these items, the full amount due for repair will be payable immediately as additional rent due. Resident agrees to make a diligent effort to repair any hazardous conditions at his expense to be remedied at once. Landlord will have 30 days after receiving written notification to fix any major breakdown. No rental credit will be given for the first 30 days or for any contractor's delays. Page 3 9848 Milkweed Ln Fort Worth, TX 76177 817-683-9976 16. PAYMENT OF FUTURE RENT: In the event of the failure of the Resident to pay any rents or other monetary obligations due hereunder, Landlord, besides other rights and remedies he may have at his option, may either terminate this lease or from time to time without terminating this lease relet the Property. Upon such reletting, all rentals and other sums received by Landlord from such reletting, shall be applied, first to the payment of debt other than rent due to Landlord; second, to costs and expenses of reletting; third, to past due rent, with the residue, if any, to be held by Landlord and applied as payment of future rent as the same become due and payable hereunder. No such re-entry or retaking possession of said Property by Landlord shall be construed as an election on his part to terminate this lease unless written notice of such intention be given to the Resident or unless the termination hereof be decreed by a Court of competent jurisdiction. 17. ABANDONMENT: Formal written notice, with provision for timely rent payment, is required if there will be an intended absence. If the premises appear to be unoccupied for 15 days while rent is due and unpaid, and Resident has not given Landlord\Agent written notice as to the Residents intentions, then the LandlordlAgent is authorized to take immediate possession. Property left unclaimed more than 15 days shall be presumed to have been abandoned. The Resident herein gives the Landlord\Agent specific authority, without recourse, to dispose of the abandoned property in any manner the Landlord\Agent chooses that does not violate applicable statutes, without any recourse whatsoever on the part of Resident, as full liquidated damages for lost rents or damages sustained by the Landlord\Agent because of said abandonment. 18. ASSIGNMENT: Resident shall not assign this Agreement or sublet the Property or any part thereof and shall not allow any person to occupy the same other than persons to whom the Property is rented under this Agreement without prior written consent of Landlord. 19. ACCESS: Resident shall allow Landlord access at all reasonable times to the Property for the purpose of inspection, to make repairs that have been requested by the resident, or to show the Property to prospective purchasers, mortgagees of the Property building, or to any other person having a legitimate interest therein, or to make necessary repairs or improvements. Landlord shall not, unless requested in writing, give Resident notice prior to entering the Property for routine situations requiring access to the Property. Resident agrees that in case of emergency or apparent abandonment, Landlord may enter the Property without consent of Resident. 20. RE -RENTING ACCESS AND FEE: In the event this agreement is terminated prior to the date stated in paragraph 1, or should a 30-day written notice to vacate not be submitted as required herein, the parties to this agreement agree that the Landlord/Agent shall be deemed to be damaged in re -rental costs difficult to determine. To cover expenses including but not exclusive of those for advertising, bookkeeping and leasing fees, it is agreed that a re -rental fee equal to the then current monthly rental amount, less $5.00 will be assessed to Resident as liquidated damages for the aforementioned expenses. Resident agrees that Landlord shall have the right to show the Property to prospective residents at reasonable times for a period of thirty (30) days prior to expiration of this tenancy, or upon having received written notice from Resident of an intention to vacate. Landlord shall, whenever practicable, give Resident 24 hours notice. 21. LEGAL COSTS: If the Resident desires to continue to rent the premises after being in default or after being served for eviction or with notice of termination, he agrees to reimburse the Landlord/Agent for actual costs incurred to enforce collection of rents, to serve notices, for filing fees, etc., including costs of collectors, deputies, marshals, police constables, etc., prior to regaining entry or reinstatement of his status as Resident. In the event of any legal dispute involving the courts, in consideration of the mutual covenants expressed herein, both Resident and the Landlord/Agent warrant that they will each pay their own legal costs and expenses of lawyers and court costs etc. and hereby hold the other harmless for such costs. 22. NOTICE TO QUIT AND HOLDOVER: RESIDENT AGREES, AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE DATE IN PARAGRAPH 1, TO GIVE WRITTEN NOTICE TO AGENT OF THE INTENTION TO VACATE THE SUBJECT Page 4 9848 Milkweed Ln Fort Worth, TX 76177 817-683-9976 PROPERTY AT THE END OF THE TERM OF THE LEASE. AND IF SUCH NOTICE IS NOT TIMELY GIVEN, THE RESIDENT SHALL BE LIABLE FOR AND AGREES TO PAY TO THE AGENT, THE RENT DUE FOR THE FOLLOWING MONTH IF THE SUBJECT PROPERTY IS NOT RE -RENTED. In the event that the Resident holds over the Property after the term of the Rental Agreement, the same shall be deemed to be month -to -month residency, with an increase of Minimum $50.00 in the monthly rental amount due per Year, with all other provisions of the Rental Agreement, including the provision requiring at least thirty (30) _ days notice of Resident's intention to vacate upon the expiration of the lease term, shall remain in effect. Resident agrees that unless a notice to vacate is received on the first of a given month, the effective date of such notice shall be the first of the following month. 23. LIABILITY: Landlord and Resident further agree that Owner or Landlord will not be liable for any damages or losses to person or property caused by other residents, or persons, theft, burglary, vandalism, or other crimes. Landlord or Owner shall not be liable for personal injury or for damage to or Toss of Residents personal property (fumiture, jewelry, clothing, etc.) from fire, flood, water leaks, rain, hail, ice, snow, smoke, explosions, interruption of utilities, foundation issues, or acts of God unless same is due to negligence of Owner or Landlord. Landlord strongly recommends that Resident secure his own insurance to protect against all of the above events. Resident has inspected existing locks and latches and agrees they are safe and acceptable, subject to Landlord's duty to make needed repairs of same upon written request of Resident. Landlord shall have no duty to furnish alarms of any kind, security guards, or additional locks and latches. 24. POSSESSION: If Landlord\Agent is unable to deliver possession of the premises within seven days of the commencement date stated above, then this contract may be terminated at the Landlord\Agent's option and all funds received from Resident will be returned. Resident agrees to hold Landlord\Agent harmless for any further obligations and or consequential damages. 25. In the event any portion of this contract shall be found to be insupportable under the State Statutes in which the property is located, the remaining provisions shall continue to be valid and subject to enforcement in the courts without exception. In like manner, any obligations of either Landlord\Agent or Resident which may become law shall be binding on both parties as if included herein. All rights granted to the LandlordlAgent by the Resident shall be cumulative and in addition to any new law which might come into being. Any exercise, or failure to exercise, by the Landlord\Agent of any right shall not act as a waiver of any other rights. This contract represents the total agreement between the parties hereto. No other terms or conditions shall have any effect unless endorsed herein in writing and initialed by the parties. 26. JOINT AND SEVERAL LIABILITY: It is understood and agreed that each party signing this Rental Agreement is liable for the full amount of any and all financial obligations herein and is further agreed that each and all of the signors herein are jointly and severally liable for any and all financial obligations. 27. By signing this rental contract you stipulate and warrant that all questions have been answered and that you thoroughly understand all provisions as to the rights, duties, and obligations of all parties. Further, you swear to pay the rent on time, maintain the property, and fulfill all your obligations hereunder or face the full financial and legal consequences of default and termination. You expressly warrant that you have the legal right to bind all occupants and to sign for them in committing yourself and them to this rental contract. NOTE: TIME IS OF THE ESSENCE IN ALL PROVISIONS OF THIS RENTAL CONTRACT. 28. ADDITIONAL PROVISIONS: New key fee $50.00 Lock out, open the door fee $50.00 The attached "Lead Based Paint Hazard Disclosure and Waiver" is part of this lease agreement. 9848 Milkweed Ln Fort Worth, TX 76177 817-683-9976 Lessee/Tenant Shall be responsible for repair or maintenance functions to include, but not limited to: 1. Changing of air condition/furnace filters on a monthly basis. 2. Resetting of circuit breakers or fuses. 3. Unstopping plumbing (except that caused by tree roots). 4. Damage resulting from failure to promptly report to the lessor/landlord any malfunctions or abnormal operations of equipment within the rented property and vandalism. 5. Damage resulting from forceful entry, burglary. 6. Changing of electric light bulbs. 7. Tightening, of screws, nuts and bulbs on hardware not requiring specialized training. 8, Excessively high water or utility bills resulting from failure to report of obvious leakage. 9. All screen repair, or replacement and repair, or replacement of all broken glass. 10. Payment of any repair bill due to tenant request where no problem was found or corrected. 11. Lighting of any and all pilot lights on gas fixtures. 12. Ensuring proper operation of smoke alarm(s), replace battery if needed. Lessee/Tenant may notify lessor/landlord of necessary repair or corrective action/maintenance and request assistance at lessee/tenant expense. Lessor/Landlord will NOT pay for any repairs or billings charged to lessor/landlord by lessee/tenant. 13. Failure to report suspected termite and/or other insect infestation or damage to the property. Page 6 9848 Milkweed Ln Fort Worth, TX 76177 817-683-9976 Condition At Surrender. Requirements for Cleaning 1. Ceilings, walls and woodwork: Loose dirt will be removed from walls, and other surfaces. Blinds cleaned. 2 Spots, dirt, grease, fingerprints and other marks will be removed from walls, baseboards, window sills, doors and other woodwork. 3. Nails and screws must be removed and the walls or doors restored to their original condition. Hoks or spots must be professionally restored. 4 All decals, stars on ceilings, wallpaper or contact paper needs removed. 5. AlI drawers, furniture and cabinets will be emptied, wiped out and left open. Closets and shelves will be cleared of hangers or trash. Kitchen cabinets are to be free of food particles, cleaned and left open. Dishwasher cleaned and dry, 6. Refrigerators: The refrigerator will be defrosted and thoroughly washed out with a mild detergent and then wiped completely dry. Turn the dial to the "OFF" position, UNPLUG, and be sure to leave the door OPEN. Exterior surfaces should be clean, including the rubber door seal. The refrigerator must be moved from the wall and the area behind and underneath cleaned, and the refrigerator returned to its normal position. 7. Stove Wire brushes or sandpaper should never be used. Easy Off is a good product to use on the interior of the oven. NOTE DO NOT attempt to use a cleaning product on a self-cleaning oven. Drip pans must be replaced with new ones. 8. Light fixtures must be cleaned and equipped with working bulbs of proper size. Ceiling has must also be cleaned and equipped with proper bulbs, 9. All tubs, basins, sinks, toilets and tile must be thoroughly scrubbed, cleaned and dried. 10, Air Conditioner, heater units, closets and vents must be cleaned and a new filter installed and the access panel left off for inspection. I I . Vent -a -hood exhaust filter must be clean and free of all grease. Replacement is required. 12. All tile or wood floors must be mopped clean and free of marks. 13. Garages and driveways must be cleaned and all grease and oil marks removed. 14. Grounds must be neatly mowed and edged to include under porches, and in ilowerbeds. Trash and other debris must be removed from the grounds. 15 Windows and mirrors must be cleaned, inside out. Screens must be in original condition or they must be replaced. 16. Fireplaces must have all ashes removed and fireplace cleaned. 17. Carpets MUST be professionally steam cleaned and shampooed by an APPROVED vendor. The receipt for payment of carpet cleaning MUST be presented to the rental department at time of vacating. Self -carpet or rental equipment receipts will NOT be accepted. 18. Tenants that had pets on the property MUST have the property professionally exterminated for fleas & ticks, and present the receipt upon vacating. These are the conditions in which your apartment or house must be when inspecting for vacating. If these requirements are not met, we will hire someone to clean your property. Cleaning, repair, replacement charges will be deducted from your Security Deposit It is your responsibility and to your advantage to leave your premises extremely CLEANS 9848 Milkweed Ln Fort Worth, TX 76177 817-683-9976 NOTES & OPTIONS Fridge New Washer & Dryer N Range or cook top Microwave Ne $50.00 / $80.00 New $20 lst Pet fee lMonth $35.09) Additional pet fee / Month $10.00 Provided 2 Door keys Initials sed $25.00 Used $30.00 sed $20 Used N/A Above amounts if requested will be added to total rent as additional rent. MOVE IN DETAILS 1st Month Rent Last Month Rent Deposit Total Received Received BALANCE 4-c?los Npol 4aa615 # y7 qo -�' l000" 2elle May /5+ 4D? l 1QiJe Page 8 9848 Milkweed Ln Fort Worth, TX 76177 817-683-9976 c dlord a5Ck SC;ko L./C Date act Re en�t Date Resident Date Page 9 M&C Review Page 1 of 7 CITY COUNCIL AGENDA Create New From This M&C Official site of the City of Fort Worth, Texas FORT WORTH DATE: 8/8/2023 REFERENCE NO.: CODE: M&C 23-0631 LOG NAME: NON- PUBLIC 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) C TYPE: 19NS 2023-2027 CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN YES 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/councilpacket/mc review.asp?ID=31258&councildate=8/8/2023 8/17/2023 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 GOAL Promote Affordable Housing for Renters and Owners Increase neighborhood stability through homeownership assistance; Fair Housing efforts, and supportive services for renters and owners Housing Preservation and Rehabilitation Preserve and expand the supply of quality affordable housing throughout the City Neighborhood Improvement and Revitalization Enhance neighborhood development and revitalization throughout the City Economic Empowerment and Financial Resilience Support programs and services providing employment training and career readiness programs that promote self-sufficiency and household stability Children and Youth Services Support programs and services to prepare children and youth for success through educational, mentoring, training and related programs Aging In Place Support programs and services for older adults to access resources needed to age in their homes, while maintaining both their independence and quality of life Accessibility Improvements Improve accessibility in public facilities and housing, including architectural barrier removal Homelessness Prevention and Special Needs Support Provide housing and support services for persons experiencing and at -risk of experiencing homelessness; support efforts to achieve permanent housing Healthy Living and Wellness Support programs and services to improve the mental and physical health 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 htt[)://anns.cfwnet.ora/council Dacket/mc 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: littn•//anns_cfwnet.orp/council racket/me review.asp?ID=31258&councildate=8/8/2023 8/17/2023 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 TABLE 1: CDBG AGENCIES AGENCY CONSOLIDATED PLAN GOAL PROGRAM AMOUNT AB Christian Learning Center Children and Youth Services Out of School Time Program $78 218.00 Boys & Girls Clubs of Greater Tarrant County, Inc. Children and Youth Services Youth Development at Eastside Branch $70,000.00 Camp Fire First Texas Children and Youth Services Teens In Action $50,000.00 Cancer Care Services Healthy Living and Wellness Cancer Care Services $50,000.00 Easter Seals North Texas, Inc. Economic Empowerment and Financial Resilience Employment Services $60,000.00 Girls Incorporated of Tarrant County Children and Youth Services Leadership Program $100,000.00 Guardianship Services, Inc. Aging In Place Money Smart+ $100,000.00 httn://apps.cfwnet.ora/council packet/me review.asp?ID=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 5 of 7 Housing Channel Promote Affordable Housing for Renters and Owners Housing Counseling & Education $111,000.00 Junior Achievement of the Chisholm Trail, Inc. Children and Youth Services Cradle to Career Initiative $25,000.00 Maroon 9 Community Enrichment Organization Children and Youth Services Maroon 9 Teen Enrichment Program $25,000.00 Meals -On -Wheels, Inc. of Tarrant County Aging In Place Nutrition Program $75,000.00 NPower Inc. Economic Empowerment and Financial Resilience Tech Fundamentals Workforce Training Program $25,000.00 The Ladder Alliance Economic Empowerment and Financial Resilience Tarrant County Workforce Development $80,000.00 The Women's Center of Tarrant County, Inc. Economic Empowerment and Financial Resilience Employment Solutions $75,000.00 United Community Centers, Inc. Children and Youth Services Holistic Educational Literacy Program $125,000.00 CDBG Public Services Agencies Total $1,049,218.00 Rehabilitation, Education and Advocacy for Citizens with Handicaps dba REACH, Inc. Accessibility Improvements Project Ramp $165,000.00 Fort Worth Area Habitat for Humanity, Inc. DBA Trinity Habitat for Humanity Housing Preservation and Rehabilitation Cowtown Brush Up $455,000.00 CDBG Subrecipient Agencies Total $620,000.00 TOTAL CDBG CONTRACTS $1,669,218.00 Housing Opportunities for Persons with AIDS Contracts TABLE 2: HOPWA AGENCIES AGENCY PROGRAM AMOUNT AIDS Outreach Center, Inc. Administration, Support Services, Short -Term Rent, Mortgage, and Utility Assistance (STRMU), Tenant- Based Rental Assistance $429,850.00 Tarrant Samaritar° unty Housin Inc. g' Administration, Facility -Based Operations, Supportive Services, Tenant -Based Rental Assistance (TBRA) $1,300,000.00 TOTAL HOPWA CONTRACTS $1,729,850.00 Emergency Solutions Grants TABLE 3: ESG AGENCIES AGENCY PROGRAM AMOUNT The Presbyterian Night Shelter of Tarrant County, Inc. Shelter Operations/Services $116,635.00 Lighthouse for the Homeless dba True Worth Place Day Shelter Operations/Services $158,400.00 httn•Hanns.cfwnet.or /council racket/me review.asp?ID=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 6 of 7 The Salvation Army Center for Transforming Lives SafeHaven of Tarrant County Homelessness Prevention $150,000.00 Rapid Re -Housing Shelter Operations/Services TOTAL ESG CONTRACTS $75,901.00 $63,816.00 $564,752.00 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. 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 Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount FROM Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Fernando Costa (6122) Victor Turner (8187) Sharon Burkley (5785) Rhonda Hinz (2573) ATTACHMENTS 19NS ACTION PLAN 2023 Agency Form 1295 Forms.pdf (CFW Internal) http://apps.cfwnet.org/council packet/mc review.asp?ID=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 7 of 7 Action Plan SOS Filings.pdf (Public) ConPlan July 12 Public Hearing.pdf (Public) FWCP City Council NQRC Committee Power Point Interim Report Community Engagement Report June 2, 2023.pptx (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) htto://anns.cfwnet.org/council packet/me review. asp?ID=3 125 8 &councildate=8/8/2023 8/17/2023