HomeMy WebLinkAboutContract 53217-R5A5CSC No. 53217- Renewal Five and Amendment Five Page 1 of 5
CoFW and FCM PROPERTIES L.L.C.
RENEWAL FIVE AND AMENDMENT FIVE
TO CITY OF FORT WORTH CONTRACT NO. 53217
This Contract Renewal and Amendment is made and entered into by and between the City of Fort
Worth (“City”), and FCM PROPERTIES L.L.C. (“Landlord”), each individually referred to as
a “Party” and collectively referred to as the “Parties.”
RECITALS
WHEREAS, on December 13, 2019, the Cityentered into an agreement with the Landlord
for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 53217 (the
"Agreement");
WHEREAS, (“Tenant”) is a participant in the City’s rental assistance
program;
WHEREAS, Tenant has been a participant in the program since 2019 and the initial
agreement with Landlord allowed for annual renewals upon agreement of the Parties; and
WHEREAS, the Parties agree to renew and amend the Agreement as described below.
NOW THEREFORE, City and Landlord do hereby agree as follows:
I
RENEWAL OF AGREEMENT
The Parties agree to renew the Agreement for an additional one year-term beginning JULY
1, 2024 and expiring JUNE 30, 2025 (“Fifth Renewal Term”) unless earlier terminated in
accordance with the terms of the Agreement.
II
AMENDMENT TO AGREEMENT
The following terms are hereby amended to replace the referenced terms in the Agreement and
shall be binding and enforceable as if they were originally included therein.
1.Section 3.1 Security Deposit shall be amended and replaced as follows:
3.1 Security Deposit
The Tenant shall pay a security deposit totaling $1,500.00 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
CSC No. 53217- Renewal Five and Amendment Five Page 2 of 5
CoFW and FCM PROPERTIES L.L.C.
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
$0.00 security deposit, to be paid directly to the Landlord.
The Landlord shall immediately notify the City when the Tenant has moved from the Unit.
2. Section 3.2 Rent and Amounts Payable by City shall be amended and replaced as
follows:
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 $1,065.00 per month for the Unit. The City has been notified that the Tenant’s Total
Rent during the First Renewal Term is $1,100.00 per month for the Unit. The City has been
notified that the Tenant’s Total Rent during Second Renewal Term is $ 1,200.00 per month
for the Unit. The City has been notified that the Tenant’s Total Rent during the Third
Renewal Term is $1,300.00 per month for the Unit. The City has been notified that the
Tenant’s Total Rent during the Forth Renewal Term is $1,400.00 per month for the Unit.
The City has been notified that the Tenant’s Total Rent during the Fifth Renewal Term
is $1,500.00 per month for the Unit.
The Tenant during the Initial Term, shall be responsible for $26.00 of rent per month
for the Unit. The Tenant during the First Renewal Term shall be responsible for $39.00 of
rent per month for the Unit. The Tenant during the Second Renewal Term shall be
responsible for $ 0.00 of rent per month for the Unit. The Tenant during the Third Renewal
Term shall be responsible for $168.00 of rent per month for the Unit. The Tenant during the
Fourth Renewal Term shall be responsible for $418.00 of rent per month for the Unit. The
Tenant during the Fifth Renewal Term shall be responsible for $547.00 of rent per
month for the Unit.
During the Initial Term, City shall pay $1,039.00 towards the Tenant’s Total Rent for the
Unit (“City Portion”). During Tenant’s First Renewal Term, the City Portion shall be $1,061.00.
During Tenant’s Second Renewal Term, the City Portion shall be $1,200.00. During Tenant’s
Third Renewal Term, the City Portion shall be $1,132.00. During Tenant’s Fourth Renewal
Term, the City Portion shall be $982.00. During Tenant’s Fifth Renewal Term, the City
Portion shall be $953.00. Neither City nor does HUD assume any obligation for the Tenant’s
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CoFW and FCM PROPERTIES L.L.C.
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.
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 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. 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.
III.
CSC No. 53217- Renewal Five and Amendment Five Page 4 of 5
CoFW and FCM PROPERTIES L.L.C.
All terms and conditions of the Agreement not amended herein remain unaffected and in
full force and effect, are binding on the Parties and are hereby ratified by the Parties.
[SIGNATURE PAGE FOLLOWS]
CSC No. 53217- Renewal Five and Amendment Five Page 5 of 5
CoFW and FCM PROPERTIES L.L.C.
IN WITNESS WHEREOF,the parties hereto have executed this agreement, to be effective
JULY 1, 2024.
FOR CITY OF FORT WORTH: FOR LANDLORD:
Name: Fernando Costa Name:Tommy Hatley
Title: Assistant City Manager Title: Landlord
Date: _______________ Date:
APPROVAL RECOMMENDED
Name: Kacey Bess
Title: Interim Director
APPROVED AS TO FORM AND ATTEST:
LEGALITY
Name: Jessika Williams Name: Jannette Goodall
Title: Assistant City Attorney Title: City Secretary
Date:
Contract Compliance Manager: M&C No.: 23-0631
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.
Name: Cyndee Garza
Title: Sr. Human Services Specialist
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FCM PROPERTIES, L.L.C.
AGREEMENT TO RENT OR LEASE
1. Parties: This agreement is made and entered into on June 10, 2024, between
hereinafter "Tenants", and FCM PROPERTIES, L.L.C., hereinafter "Landlord".
2. Property: Subject to the terms and conditions below, Landlord rents to Tenants, and
Tenants rent from Landlord, for residential purposes only, the property known as
3. Term: The terms of the rental shall begin on July 1, 2024 and shall continue until
June 30, 2025 then convert to a month-to-month lease basis unless written notice of
termination is given by either party at least 30 days before the end of the above lease term
or renewal period or unless another lease is signed by all parties.
4. Rent: Rent is due on the 15t of every month without demand. On signing this agreement
or by July 1, 2024. Tenants shall pay the Landlord the sum of $1,500.00, to be used as rent
for July 1, 2024 through July 31, 2024. Thereafter, Tenants shall pay to Landlord a monthly
rent of $1,500.00 payable in advance by 5:00 PM of the THIRD day of each month. For rent
increases or lease changes effective at the end of the lease term or renewal, at least 30-
day's notice to Tenants is required. If such notice is given to Tenants, this lease shall
automatically renew on a month-to-month basis at the increased rental rate or with the lease
change, at the beginning of the effective date of the rental increase or lease change.
5. Payment of Rent: Rent shall be paid using the Landlords Tenant Portal which includes ACH
payments, credit cards and electronic cash payments (ECP) at participating retailers. See
Exhibit A. If Landlord agrees to pick up rent from Tenants, then Tenants agree to pay
Landlord $50.00 for each rent collection. Tenants agree to give Landlord at least 24 hours
advance notice. Only full rent payments will be accepted, no partial payments are allowed.
6. Late Charges: If Tenants fail to pay the rent in full by the third day of each month,
Tenants shall pay Landlord a late fee of $50.00 the first day and $20.00 for each additional
day the rent continues to be unpaid. Tenants shall pay a$50.00 fee if a 3-day notice is
delivered for non-payment of rent. By this provision, Landlord does not waive the right to
insist on payment of the rent in full on the day it is due. Any monies received will be
applied first to fees then the last month's rent balance. Any monies left over will then be
applied to the current month's rent. Any balance rolling over to the following month will
incur a$50.00 Carryover fee. Late fees and all other fees are subject to change without
written or advanced notice to Tenants, Tenants are responsible for obtaining the most
current fee pricing schedule from Landlord.
7. Returned Payment Charges: In the event any check or online ACH payment offered by
Tenants to Landlord in payment of rent or any other amount due under this agreement is
returned for lack of sufficient funds or a closed or nonexistent account or any other
reason, Tenants shall pay to Landlord a return charge in the amount of $50.00 plus
additional late charges outlined in paragraph 6.
8. Deposit: Tenant had paid a$1,000.00 security deposit on her original lease start date
of July 1, 2012. Tenant must pay an additional $500.00 into her security deposit to keep it
equal to one month's rent. Tenant is on a payment plan of $50.00 per month for the next 10
months, which will be added to her security deposit. Tenants may not, without Landlord's
prior written consent, apply this security deposit to rent or to any other sum due under
this agreement. Within thirty days after Tenants has vacated the property, Landlord shall
furnish Tenants with an itemized written statement of the basis for, and the amount of any
security deposit retained by the Landlord. Landlord may withhold only that portion of
Tenant's security deposit necessary (a) remedy any default by Tenants to include the payment
of rent, (b) to repair damages to the property exclusion of ordinary wear and tear and/or,
(c) to clean the property if necessary. The amount on deposit must be kept to a minimum of
1 month's rent.
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9. Utilities: Tenants shall be responsible for payment of all utility charges. Electric,
water and gas utilities must stay active while Tenants has possession. If Tenants does not
maintain these utilities while they have possession Landlord can activate the utilities and
Tenants will be charged all costs incurred by Landlord.
10. [Jse and Occupancy: The property is to be used only as a private residence for Tenants
listed in paragraph 1 of this agreement and their legal children and for no other persons or
purpose without Landlord's prior written consent. Guests may stay up to ten days in any six
month period if they register with the manager or Landlord after the fifth day. Occupancy
by guests staying more than ten days is prohibited without Landlord's prior written consent
and shall be considered to be a breach of this lease. Tenants agree to pay Landlord $75.00
each month for each additional person who shall occupy the property for more than 10 days in
any capacity. If Tenants fail to inform Landlord of additional people occupying the
property, the $75.00 per person per month fee will be assessed retroactively to the date
commencing this rental agreement.
11. Condition of Property: Tenants acknowledge that they have examined the property,
including carpets, drapes, and paint, and have found them to be in good safe and clean
condition and repair. Tenants agree to provide Landlord a written list of any deficiencies
within 3 days of this agreement, a copy of which Tenants hereby acknowledges receipt of, and
which is hereby deemed to be incorporated into this agreement by this reference. As long as
Tenants occupy this property, Tenants will be liable for al1 costs associated with
unclogging a toilet drain if anything other than toilet paper is found in the drain system.
Tenants will be responsible for any garbage disposal/drain that is clogged due to unapproved
food like but not limited to; pasta, rice, peels, egg shells, coffee grounds, animal bones
or any foreign objects. Grease, oil, and fat are not approved to pour down drain. No
smoking inside the property, Tenants agree to pay a minimum of $500 for smoke damage
Tenants agree to (a) replace light bulbs and smoke detector batteries as needed. HVAC air
filters should be replaced at least every 3 months. If Tenants does not change HVAC air
filter regularly causing the AC/Heating coil to not perform as it should, Tenants agrees to
pay full cost of repair, (b) keep the property in good order and repair, and upon
termination of tenancy, to return the property to Landlord in a condition identical to that
which existed when Tenants took occupancy, except for ordinary wear and tear, (c)
immediately notify Landlord of any defects or dangerous conditions in and about the property
of which they become aware, and (d) reimburse to Landlord, on demand by Landlord, for the
cost of any repairs to the property damaged by Tenants, or their guests or invitees.
12. Possession: The failure of Tenants to take possession of the property shall not relieve
them of their obligation to pay rent. In the event Landlord is unable to deliver possession
of the property to Tenants for any reason not within Landlord's control, including but not
limited to failure of prior occupants to vacate as agreed or required by law, or partial or
complete destruction of the property, Landlord shall not be liable to Tenants except for the
return of all sums previously paid hereunder by Tenants to Landlord, in the event Tenants
choose to terminate this agreement as a result of Landlord's inability to deliver
possession.
13. Assignment and Subletting: Tenants shall not sublet any part of the property or assign
this agreement without the Landlord's prior written consent.
14. Pest Control: Pest control will be provided by the Tenants.
15. Pets: There are no pets allowed and no visiting pets. If any pets are found on the
property, without the Landlords written permission, then Tenants agree to pay Landlord a
$500 non-refundable pet fee and a$50 monthly fee will be added to the rent. This $50 fee
will be assessed retroactively to the date commencing this rental agreement.
16. Fences, Sheds & Decks: Tenants acknowledge that fences, sheds & decks are rented "as
is" and Landlord reserves the right to not make repairs or replacements.
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17. Fireplace: If your property has a fireplace, Tenants agree to have the fireplace
professionally inspected and cleaned prior to use each year, by a licensed chimney cleaning
and inspection company. If any repairs are needed the Tenants will notify Landlord in
writing. Tenants will refrain from using the fireplace until such repairs have been made by
Landlord. Tenants are prohibited from personally making repairs or hiring a non-
professional to make fireplace repairs/cleanings. Fireplaces can be extremely dangerous. No
one under the age of 18 should ever be allowed to create or mainiain a fire in a
fireplace. Children should be kept several feet away from an active fireplace. Tenants
agree to purchase and use "free standing" metal fireplace screen/glass to prevent sparks and
ashes from escaping the fireplace. Tenants, at Tenant's own cost, can have glass and chain
covers professionally installed on the fireplace if they so wish.
18. Access for Inspection and Emergency: Tenants agree that Landlord's agents may enter
the property in the event of an emergency or to make repairs or improvements, supply agreed
services, or exhibit the property to prospective purchasers or Tenants. Except in case of
emergency Landlord shall give Tenants reasonable notice of intent to enter the property for
the purposes mentioned herein. To facilitate Landlord's right of access, Tenants shall not,
without Landlord's prior written consent, alter or re-key any locks to the property. At all
times Landlord or Landlord's agent shall be provided with a key or keys capable of unlocking
all such locks and gaining entry. Tenants further agree to notify Landlord if they install
any burglar alarm system including instructions on how to disarm it should Landlord so
request. If the Tenants agree to an appointment with Landlord's authorized repair personnel
for a specific date and time and does not show up promptly to that appointment, the Tenants
agree to pay a non-refundable Missed Appointment fee.
19. Quiet Enjoyment: Tenants shall be entitled to quiet enjoyment of the property.
Tenants shall not use the property in such a way as to violate any law or ordinance, commit
waste or nuisance, or annoy, disturb, inconvenience, or interfere with the quiet enjoyment
of any other Tenants or nearby Tenants.
20. Repairs and Alterations: Except as provided by law, or as authorized by the prior
written consent of Landlord, Tenants shall not make any repairs or alterations to the
property. For repairs, Landlord will contact authorized repair personnel in a prompt manner,
to exclude weekends and holidays, when the repair is not an emergency. When Landlord
determines the situation requires immediate service to prevent further damage to the
property, authorized repair personnel will be contacted immediately, to include weekends and
holidays.
21. Damage to Property and Financial Responsibility: In the event the property is damaged
by fire or other casualty covered by insurance, Landlord shall have the option either to (1)
repair such damage and restore the property, this agreement continuing in full force and
effect or (2) give notice to Tenants at any time within thirty (30) days after such damage
terminating this agreement as of a date to be specified in such notice. In the event of the
giving of such notice, this agreement shall expire and all rights of Tenants pursuant to
this agreement shall terminate. Landlord shall not be required to make any repairs or
replacements of any property brought onto the property by Tenants. Tenants agree to accept
financial responsibility for any damage to the property from fire or casualty caused by
Tenant's negligence. Tenants shall carry a standard renter's insurance policy from a
recognized insurance firm, or as an alternative, warrants that they will be financially
responsible for losses not covered by Landlord's fire and extended coverage insurance
policy. Damages or plumbing stoppages caused by Tenants negligence or misuse will be paid by
Tenants. Additionally, Tenants are financially responsible for broken windows, doors and any
damage to the interior and exterior of the property that is not caused by an Act of God.
22. Attorney's Fees: In an action or legal proceeding to enforce any part of this
agreement, the Tenants will pay Landlord for all attorney's fees and costs.
23. Special Delivery: Tenants agree to fully reimburse Landlord for the cost of certified
mail, overnight mail, courier service or any other special delivery service. There will be
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a minimum $50.00 fee for special handling for each occurrence if Landlord feels the service
is necessary. This fee can increase without notice.
24. Contractual Lien and Abandonment: All personal property on the property (except
property statutorily exempt by Section 54.052 of the Texas Property Code) is subject to a
contractual lien to secure payment of delinquent rent. To exercise contractual lien rights,
Landlord may peacefully enter the property (and any storerooms) and remove and store all
such property, provided, however, Tenants must be present or written notice of entry must be
left afterward. If Tenants have been evicted by judicial process or have abandoned the
leased property, Landlord's representatives or law officers may peacefully enter, remove,
and place all of Tenant's property on the curb. If Tenants and all other persons are absent
from the property for 5 consecutive days during the leased term or any renewal or extension
period while any rent is delinquent, the property may be deemed by Landlord as abandoned.
25. Storage and Sale: At Landlords discretion, property may be stored by Landlord or law
officers because of abandonment, mutual agreement or court eviction order. Stored property
shall be returned to Tenants upon payment of all past due rents and fees and reasonable
charges and expenses for packing, removing, and storing the property. After 30 days the
property may be placed in the trash or sold for nonpayment thereof under any sale
procedures. Property which is removed by Landlord under contractual lien shall be returned
to Tenants upon (1) all delinquent rents, fees and (2) all storage charges which accrue on
such property after Tenants "surrender" of the property. At the end of the 30-day period the
property may be trashed or sold for nonpayment of such rent or charges under the sale
procedures. Sale shall be to the highest cash bidder; proceeds shall first be credited to
cost of sale and then indebtedness and surplus shall be mailed to Tenants at the above
leased property address unless a forwarding address is provided by Tenants. Such procedures
shall not necessitate court hearing.
26. Home Owner Association (HOA): Tenants acknowledges if there is a local HOA, they will
have the right to fine the Landlord if the Tenants or their guest(s) break the rules.
Tenants agree to assume full financial responsibility for all fines levied against the
Landlord by the HOA regardless of fault. Tenants will reimburse the Landlord for each fine
within 10 days of being notified. Any monies received from Tenants will always be applied
first toward fines, all other fees and then the rent.
27. Move-out: Tenants agree to provide Landlord at least 30 days written notice of intent
to move out. If a 30-day notice is not given in writing Tenants forfeit their deposit in
full and will be responsible for any unpaid back rent and/or Tenant damage. Tenants'owe
rent for a minimum of 30 days once the notice is submitted even if Tenants move out before
the 30 days expire. Tenants agree to pay rent until the Tenant's personal belongings are out
of the property and the Tenants return the keys to the Landlord, and the Tenants and
Landlord together conduct a walk-through inspection of the property. Tenants agree to have
all carpet in property professionally cleaned. Tenants agree to keep all interior walls
painted original color. If Tenants paint the wall(s) a color other than original color then
Tenants agree to pay the full cost of repainting the wall(s). Tenants agree to pay Landlord
a minimum of $200.00 for any trash removal. Upon move-out Tenants agree to provide working
LED light bulbs in all lighting fixtures. Within in each fixture lightbulbs must look
identical and have the same wattage. Tenants agrees to pay Landlord $10.00 for each light
bulb that must be replaced or added to a fixture. If there are oil stains in garage or
driveway Tenants agree to pay a minimum of $200.00. Tenants will call Landlord to setup a
walk-through appointment, which will be conducted Monday through Saturday, 10:00 AM through
5:00 PM. No walk through's will be performed after 5:00 PM or on Sunday's or Federal
holidays. If Tenants move out prior to the Lease Ending Date or without providing a written
30-day notice of intent to move out, then Tenants agree to pay all cost-of-reletting plus a
$200.00 early reletting fee. Cost-of-reletting shall include, but not be limited to leasing
fees, advertising, re-keying of locks, painting, necessary utilities, cleaning (including
carpets), trash removal and lost rental income. Cost-of-reletting does not include damages
caused by Tenants which is covered in paragraph 11.
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28. Green Care: Tenants agree to keep the lawn, shrubs and trees watered and neatly
trimmed. Tenants agree to always keep the height of the entire lawn or any parts thereof to
less than 5 inches. Landlord will provide one notice (phone call, electronic message or
note taped on Tenants door), giving the Tenants 5 days to mow. After the 5th day Tenants
agree to pay Landlord $200.00 to mow the lawn for each occurrence. Tenants agree to keep
the lawn, shrubs and trees sufficiently watered. Tenants agree to allow the Landlord, at
Tenant's expense (use Tenant's water), to water the lawn, shrubs, and trees at Landlord's
discretion. If Tenants does not water the lawn and/or foundation and there is visible
damage to the property (cracks in brick/walls) or outside cracking of yard, Tenants agree to
pay the greater of $500.00 or the cost of the repair. If the property has mulch, Tenants are
responsible for maintaining mulch, which includes replenishing the mulch as needed, at
Tenants expense.
29. Renters Insurance: In the event of a fire, theft or any natural disaster Tenants
acknowledge that their personal belongings are not covered by the Landlords insura�nd that
they will obtain renters insurance.
30. SMOKE ALP.RM(S): Tenants acknowledge by signing this agreement that they will inspect
and test smoke alarms before occupying the property. Tenants will immediately report any
de£iciencies in writing to the Landlord. Tenants agree not to occupy the property until the
deficiency is corrected. Tenants further agree to maintain (including battery replacement)
the smoke alarm(s) while residing at this property. If Tenants cannot reach smoke detector
to replace battery, or cannot afford a new battery Landlord will replace the battery free of
charge immediately after Tenants informs Landlord in writing of such issue. When Tenants
return the property to the Landlord, all smoke alarms must have batteries and be i Pu 1
working order.
31. Improvements and Repairs: Tenants acknowledge they have no right to order services and
goods on behalf of the Landlords without prior written approval from the Landlord. If any
improvement or repair is made by the Tenants or someone they contracted with, then Tenants
agree to take full financial responsibility for such improvement and/or repairs. Upon move-
out all improvements and/or repairs made or paid for by the Tenants will become the X�ty
of the Landlords at no additional cost to the Landlord.
32. Mold Prevention: Tenants agree to remove moisture accumulation on windows, walls, and
other surfaces as soon as possible; look for leaks in washing machine hoses; turn on exhaust
fans in the bathroom before showering and in the kitchen before cooking; keep the shower-
curtain liner inside the tub when showering; periodically open windows and doors on days
when humidity is less than 50 percent. Tenants agree to clean the infected area with soap.
and water, apply disinfectant or bleach to an area five or six times the size of mold.
Sources of persistent moisture: excessive open-pot cooking, insufficient drying of carpets,
plant watering overflows and pet urine and air-conditioning drip pans with clogged
condensation lines.
33. Roof Attachments: At no time shall Tenants attach any object to the roof. The roof
includes, but is not limited to the shingles, face boards, decking, gutters, and chimney. If
any object, such as, but not limited to additional lighting, satellite dish and/or
antenna(s) is attached to the roof then Tenants agree to immediately pay Landlord $1,000.00.
Once the Tenants have been notified and billed the Tenants agree that any monies given to
the Landlord will first be applied to this debt, then any late fees and then any rents owed.
34. Building Attachments: At no time shall Tenants attach any object to the building. If
any object is attached to the building, then Tenants agree to immediately pay Landlord
$1,000.00. Once the Tenants has been notified and billed the Tenants agree that any monies
given to the Landlord will first be applied to this debt, then any late fees and then any
rents owed.
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35. Security/Alarm system: Some properties may have a home alarm or security system,
hereafter system. If it does, the system was installed by previous Tenants. If the property
has an alarm or security system, the Landlord will not guarantee it will work or work
accurately. Since it was not installed by Landlord, the Tenants agree to use it at their own
risk and agree to hold the Landlord harmless from any loss to property or person. If
Tenants wish to use the system, Landlord strongly suggests the Tenants have it inspected and
maintained by a knowledgeable professional. Landlord will not reimburse Tenants for any
costs associated with the system. Landlord will not provide monitoring or repair service to
the system.
36. Alarm Maintenance: Landlord denies any responsibility for activation, use, repair, or
monthly maintenance of any and all alarm systems currently or otherwise installed on the
property. Tenants further agree to hold harmless the Landlord, employees, owners, vendors
and agents of FCM Properties, L.L.C. from any damages, loss of goods or loss of life
determined to have been preventable by the activation, use, repair or monthly maintenance of
any and all alarm systems currently or otherwise installed on the property.
37. Attic Storage: Storage of personal property in attics is strictly prohibited. Storing
personal property in the attic can cause stress and damaged to ceilings, cause damage to the
A/C & heat ducts and could be a fire hazard. Personal property stored in the attic could
cause injury to maintenance workers when trying to work in the attic. Tenants are
prohibited from using the attic as storage.
38. Fees: From time-to-time fees charged by Landlord, including court costs and minor
maintenance fees will change. Tenants are responsible for obtaining the most current price
structure from Landlord. No advanced notice of changes to fees will be issued.
39. Special Provisions: None
40. Tenants agree to be in compliance with all local, state and federal laws at a.11 iimes.
If Tenants plan to run a business out of the property they must receive the Landlord's
written permission before beginning business operations. If Tenants are approved by Landlord
to run a business out of the property, they must provide the Landlord with a valid city
permit to operate the business out of the property prior to beginning business operations.
Tenants agree to hold the Landlord, its employees, owners, agents and vendors harmless from
any lawsuit pertaining to the property. Depending on the type of business, Tenants may be
asked to have a one million dollar ($1,000,000) general liability policy and provide the
Landlord with a COI naming FCM Properties, L.L.C., its employees, owners, vendors and agents
as additional insured. Tenants must provide the COI to Landlord prior to beginning business
operations out of the property. Tenants agree to stand in front of any lawsuits regarding
the property regardless of fault. No RV's or commercial vehicles larger than a sedan or
standard sized pickup, like a Ford 150 are allowed to be parked on the property without the
Landlord's written permission. The Landlord reserves the right to deny, for any reason, a
Tenants request to operate a business out of the property. The Landlord reserves the right,
at any time, to rescind permission for the Tenants to operate a business out of the
property. If the Tenants are found to be operating a business out of the property without
Landlord's permission, then Tenants agree this is a lease default and if asked will move out
within 30-days or start paying $500 a month in additional rent until Tenants move out. If
Tenants are simply working from home on a computer and/or phone and have no other workers on
the property they do not need Landlord's permission.
41. Default: If the Tenants are in default of any part of this lease, then Tenants lose
their right to possess the property.
42. Unenforceable Provisions: In the event any one or more of the provisions contained in
this agreement shall for any reason be held invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other
provision of the agreement, and this agreement shall be construed as if such invalid,
6
Authenlisign ID:7077AC14-0D27-EF11-II6D4-OOOD3A887EDD
illegal, or unenforceable provision had not been included in the agreement.
43. Receipt of Legal Documents: Landlord or the person signing this agreement on
Landlord's behalf, is authorized to manage the said property, and is authorized to act for
and on behalf of Landlord for the purposes or service of process and for the purpose of
receiving all notices and demands, at the address indicated below Landlord/Agent's signature
herein.
44. Entire Agreement: This document constitutes the entire agreement between the parties,
except for any written addendums, and no promises or representations, other than those
contained herein and those implied in law, have been made by Landlord or Tenants.
This agreement has been signed on the day and year first written herein.
L�r�d��ord/Agent :
%,wnu� �a��, 06/10/24
CM Properties, L.L.C.
PO Box 183204
Arlington, TX 76096
�{�,�,�ts :
�l
M&C Review
CITY COUNCIL AGENDA
Page 1 of 7
Official site of the City of Fort Worth, Texas
P��� ��A��'�
-:��
Create New From This M&C
REFERENCE 19NS 2023-2027
DATE: 8/8/2023 N� : 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 $Z,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;
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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 Increase neighborhood stability through homeownership assistance;
for Renters and Owners Fair Housing efforts, and supportive services for renters and owners
Housing Preservation and Preserve and expand the supply of quality affordable housing
Rehabilitation throughout the City
Neighborhood Improvement Enhance 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
ging 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
architectural 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 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 ma�or housing ana community aeveiopment
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
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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 Pian, 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:
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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
CONSOLIDATED PLAN
AGENCY GOAL PROGRAM AMOUNT
B Christian Learning Children and Youth Out of School Time $7g,218.00
Center Services Program
Boys & Girls Clubs of Children and Youth Youth Development ��0,000.00
Greater Tarrant County, Inc. Services at Eastside Branch
Children and Youth 000.00
Camp Fire First Texas Services Teens In Action $50,
Cancer Care Services Healthy Living and Cancer Care $50,000.00
Wellness Services
Easter Seals North Texas, Economic Employment
Inc. Empowerment and Services $60,000.00
Financial Resilience
Giris Incorporated of Tarrant Children and Youth 000.00
County Services Leadership Program $100,
Guardianship Services, Inc. Aging In Place Money Smart+ $100,000.00
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using Channel
Junior Achievement of the
Chisholm Trail, Inc.
Maroon 9 Community
Enrichment Organization
Meals-On-Wheels, Inc. of
Tarrant Countv
NPower Inc.
e Ladder Alliance
he Women's Center of
arrant County, Inc.
Promote Affordable Housing Counseling
Housing for Renters and & Education
Owners
Children and Youth Cradle to Career
Services Initiative
Children and Youth �aroon 9 Teen
Services Enrichment Program
ing In Place
Economic
Empowerment and
Financial Resilience
Economic
Empowerment and
Financial Resilience
Economic
Empowerment and
Financial Resilience
Nutrition Program
Tech Fundamentals
Workforce Training
Program
Tarrant County
Workforce
IDevelopment
Employment
Solutions
United Community Centers, Children and Youth Holistic Educational
Inc. Services Literacy Program
CDBG Public Services Agencies Total
Rehabilitation, Education
and Advocacy for Citizens ccessibility Project Ramp
with Handicaps dba Improvements
REACH, Inc.
Fort Worth Area Habitat for H P f
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$111,000.00
$25,000.
$25,000.0
$75,000.
$25,000.0
'�:� ��� ��
$75,000.0
$125,000.00
1,049,218.0
$165,000.
ousing reserva ion
Humanity, Inc. DBA Trinity and Rehabilitation Cowtown Brush Up �� $455,000.0
Habitat for Humanity
CDBG Subrecipient Agencies Total
TOTAL CDBG CONTRACTS
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
$620,000.00
1,669,218.00
AGENCY PROGRAM AMOUNT
AIDS Outreach Administration, Support Services, Short-Term Rent,
Mortgage, and Utility Assistance (STRMU), Tenant- $429,850.00
Center, Inc. gased Rental Assistance
Tarrant County Administration, Facility-Based Operations, Supportive
Samaritan Housing, Services, Tenant-Based Rental Assistance (TBRA) �1,300,000.00
Inc.
TOTAL HOPWA CONTRACTS $1,729,850.00
Emergency 5olutions vrants
TABLE 3: ESG AGENCIES
AGENCY PROGRAM AMOUNT
The Presbyterian Night Shelter of Tarrant Shelter Operations/Services $116,635.00
County, Inc.
Lighthouse for the Homeless dba True Worth Day Shelter $158,400.00
Place Operations/Services
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�The Salvation Army ��Homelessness Prevention �$150,000.00
Center for Transforming Lives Rapid Re-Housing $75,901.00
SafeHaven of Tarrant County Shelter Operations/Services $63,816.00
TOTAL ESG CONTRACTS $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
FROM
Fund Department
ID
Account
Account
Project I Program Activ
ID
Project Program Activity
ID
Submitted for City Manaqer's Office by:
Oriqinatinq Department Head:
Additional Information Contact:
ATTACHMENTS
Budget Reference # I Amount
Year (Chartfield 2)
Budget Reference # Amount
Year (Chartfield 2)
Fernando Costa (6122)
Victor Turner (8187)
Sharon Burkley (5785)
Rhonda Hinz (2573)
19NS ACTION PLAN 2023 Aqency Form 1295 Forms.pdf (CFW Internal)
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Action Plan SOS Filinqs.pdf (Public)
ConPlan July 12 Public Hearin .q pdf (Public)
FWCP Citv Council NQRC Committee Power Point Interim Report Community Enqaqement 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 A023(r7).docx
(Public)
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