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HomeMy WebLinkAboutContract 38056CITY SECRETARY CONTRACT NO. � C!-�S AGREEMENT WITH FORT WORTH HOUSING AUTHORITY CONCERNING THE DIRECTIONS HOME VOUCHER PROGRAM This Agreement ("Agreement") concerning the Directions Home Voucher ("DHV") program is between the City of Fort Worth ("City"), a home rule municipal corporation organized under the laws of the State of Texas, acting by and through its duly authorized Assistant City Manager, Fernando Costa, and the Housing Authority of the City of Fort Worth d/b/a/ the Fort Worth Housing Authority ("FWHA"), a Texas municipal housing authority, acting by and through its duly authorized President and CEO, Barbara Holston. City and FWHA may be referred to herein individually as a "Party" and collectively as the "Parties". RECITALS The City and FWHA agree that the following statements are true and correct and constitute the basis on which they have entered into this Agreement. WHEREAS, City Citizens, the Mayor's Advisory Commission on Homelessness, and the City Council have determined that placing homeless individuals and families in permanent supportive housing is a key strategy to ending homelessness in the City; WHEREAS, the City's Homelessness Plan, Directions Home: Making Homelessness Rare, Short -Term and Non Recurring in Fort Worth, Texas Within Ten Years ("Directions Home") created a rental assistance program called the Directions Home Voucher ("DHV") program; WHEREAS, the City has allocated funding for the purpose of serving the vulnerable homeless in permanent supportive housing programs through the use of the DHV program; WHEREAS, the FHWA is the only agency in Tarrant County that administers the Shelter + Care program (S + C), a federal program that links shelter with supportive services; WHEREAS, the DHV program is modeled after the federal S + C program; and WHEREAS, the targeted homeless populations to be served by the DHV program are those who have been in shelters or living on the streets for an extended time and are prioritized based on their vulnerability. NOW THEREFORE, the Parties agI•ee as follows: 1. PURPOSE AND SCOPE. The purpose of this Agreement is to set forth the terms and conditions under which City will provide FWHA with $880,800.00 to fund twelve (12) month rental vouchers for a minimum of one hundred (100) homeless individuals and families. 2. TERM, This Agreement shall commence on the date of execution by signatl� will expire exactly one year later, unless terminated earlier in accordance OFFICIAL RECORD CITY SECRETARY e ti6f�n aTriesand Chis Agreement' DIRECTIONS HOME VOUCHERS �.nnRann9 PAGE 1 nP"PmI,PT 9 �nnR The Parties may renew this Agreement for up to twelve (12) months by mutual written agreement if necessary for the completion of the Program. The Parties shall execute such renewals no later than thirty (30) days prior to the expiration of the current term. In addition to termination for default pursuant to Section 5, either Party may terminate this Agreement without cause upon ninety (90) days written notice to the other Party, and neither Party shall have any further responsibility or liability hereunder except for services previously rendered and payment for the same. 3. DUTIES OF THE PARTIES AND SERVICES PROVIDED. 3.1 FWHA shall: a. Administer the Directions Home Voucher program ("Program") to homeless City citizens and families. b. House a minimum of one hundred (100) homeless individuals and families for a maximum of twelve (12) months per voucher. c. Determine eligible housing units for the Program using the criteria for the federal S + C program. d. Determine the allowable rent for each housing unit which shall not exceed fair market rent as determined by the U.S. Department of Housing and Urban Development ("HUD"). e. Obtain a list of prospective DHV users from the Tarrant County Continuum of Care, prioritized to the greatest extent possible on an assessment of vulnerability. f. Assess the eligibility of applicants for the Program using criteria similar to the federal S + C program. g. Enter into written agreements with service providers to provide supportive services to Program participants. h. Ensure the provision of adequate supportive services to Program participants. i. Provide City the following: • A list of tenants who are utilizing the Program. • The number of Program participants utilizing supportive services. • Any other reports as may be requested by City from time to time. 3.2. City Shall: Provide City funds as defined below for twelve (12) month rental vouchers for a minimum of one hundred (100) eligible homeless individuals and families. 4. CONSIDERATION. a. City shall disburse Fiscal Year 2008-2009 funds ("City Funds") in an amount up to EIGHT HUNDRED EIGHTY THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($880,800.00) to FWHA on a reimbursement of expenses basis. b. Payment will be processed by City following receipt from FWHA of the following monthly financial documents: (1) Attachment I- Request For Funds. DIRECTIONS HOME VOUCHERS PAGE 2 2(l�R-2�O9 I�eremher 9 2(1�R c. Administrative costs may be charged to the Program in an amount not to exceed THIRTY-FIVE AND NO/100 DOLLARS ($35.00) per leased unit per month. 5. DEFAULT. If either FWHA or City fails, for any reason, to perform any provision or condition of this Agreement, this Agreement may be terminated if the default continues for a period of thirty (30) days after the notifying Party notifies the defaulting Party in writing of the default and its intention to declare this Agreement terminated for cause. If the defaulting Party does not cure or correct such breach within the thirty (30) day -period, the notifying Party shall have the right to declare this Agreement immediately terminated, and neither Party shall have any further responsibility or liability hereunder except for services previously rendered and payment for the same. 6. GENERAL PROVISIONS. 6.1 Request for Information. FWHA agrees to provide City with any information on applicants or Program participants within five (5) business days of the request. 6.2. No Waiver. The failure of either Party to insist upon the performance of any provision or condition of this Agreement or to exercise any right granted herein shall not constitute a waiver of that Party's right to insist upon appropriate performance or to assert any such right on any future occasion. 6.3. Severability. The provisions of this Agreement are severable and if for any reason a clause, sentence, paragraph, or other part of this Agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provisions. 6.4. Force Maieure. The Parties shall exercise their best efforts to meet their respective duties and obligations hereunder, but shall not be held liable for any delay in or omission of performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any state or federal law or regulation, acts of God, fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions, transportation problems or existing contractual obligations directly related to the subject matter of this Agreement. 6.5 Venue and Jurisdiction. This Agreement shall be construed in accordance with the laws of the State of Texas. Venue for any action brought on the basis of this Agreement shall lie exclusively in state courts located in Tarrant County, Texas. 6.6 Entirety of Agreement. This Agreement, including all Exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between City and FWHA as to the work and services to be performed. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the provisions of this Agreement. DIRECTIONS HOME VOUCHERS PAGE 3 �.nnR-�.nne necerohPr 0 �nnR 6.7 Compliance with Laws, Ordinances, Rules and Regulations. This Agreement is subject to all applicable federal, state and local laws, ordinances, rules and regulations, including but not limited to all provisions of City's charter. 6.8 Independent Contractors. FWHA shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. FWHA shall have the exclusive control of, and the exclusive right to control the work designated to be performed by FWHA under the terms of this Agreement, and of all persons performing the same and shall be solely responsible for the acts and omissions of its officers, members, agents and employees. Neither City nor FWHA shall be responsible under the Doctrine of Respondeat Superior for the acts or omissions of officers, members, agents, or employees of the other. No partnership or joint enterprise is intended or formed between City and FWHA by this Agreement. 6.9 Immunity and Third Parties. It is expressly agreed that, in the execution and performance of this Agreement, neither City nor FWHA waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of their respective powers and functions. Nothing in this Agreement shall be construed to benefit any third party other than an employee or officer of City or FWHA while in the performance of this Agreement. This Agreement may not be construed to expand the liability of City or FWHA beyond the scope of Chapter 101 of the Texas Civil Practice and Remedies Code, Vernon's Texas Codes Annotated unless specifically stated herein. 6.10 Amendment. No amendment, modification or alteration of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof and executed by the Parties. 6.11 Nondiscrimination. a. Neither the City nor FWHA nor any of their respective officers, members, agents, servants, employees, Program participants or contractors, while engaged in the performance of this Agreement, shall in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age, except on the basis of a bona fide occupational qualification, retirement plan, or statutory requirement. b. The City and FWHA agree that in the execution, performance, or attempted performance of this Agreement, they will not discriminate against any person or persons because of gender, race, religion, color, sexual orientation, or national origin, nor will FWHA permit its officers, agents, servants, employees, contractors or Program participants to engage in such discrimination. 6.12 Notice of Claims. FWHA and City agree to notify the other promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death or damages related to this Agreement. FWHA and City agree to make their respective officers, agents, servants and employees available at all reasonable DIRECTIONS HOME VOUCHERS PAGE 4 2O�R-2O09 nPremher 9 2(lOR times for any statements and case preparation for the defense of any claims or litigation for which the other Party may be responsible hereunder. 6.13 Headings. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 6.14 Effect on Third Parties. Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative defense which may be asserted by FWHA or City as to any claim of any third party. Nothing herein shall be construed in any manner to create a cause of action for the benefit of any person not a Party to this Agreement, or to create any rights of the benefit of any person not a Party to this Agreement not otherwise existing at law. 6.15 Program Administration. In the event of an issue affecting the Program that needs clarification beyond the terms of this Agreement, the Parties agree to mutually develop remedies and/ or solutions. 6.16. Notices. All notices required by this Agreement shall be addressed to the Parties at the following address, or at such other address as either Party designates in writing, by certified mail, postage prepaid or hand delivery: City: Randle Harwood, Director Program Management Office City Manager's Office 1000 Throckmorton Street Fort Worth, TX 76102 FWHA: Barbara Holston, President and CEO Fort Worth Housing Authority 1201 E. 136 Street Fort Worth, TX 76102 [SIGNATURES APPEAR ON NEXT PAGE] DIRECTIONS HOME VOUCHERS PAGE 5 2�OR-�(1�9 necemher 9 200R EXECUTED in multiple originals as of the last date indicated below: CITY OF FORT WORKT�H/ By: Fernando Costa Assistant City Manager ate: DAZZI d w if FORT WORTH HOUSING AUTHORITY: By: Barbara Holston President and CEO Date: By By TEST: Marty Hendrix, ity Secretafy Selerstean Mitchell Director of Assisted Housing Date:• 1 1 1 M & APPROVED AS TO FORMA D LEGALITY: L/ // 'L� e, ?/,(" 0/,4c� Vicki S. Ganske Senior Assistant City Attorney M t��=FICIA� RECORD CITY SECRETARY FT WORTH, TX DIRECTIONS HOME VOUCHERS PAGE 6 2MR-2(1(19 T7er.PmhPr 9 2(1(1R ATTACHMENT I CITY OF FORT WORTH PLANNING AND DEVELOPMENT DEPARTMENT REQUEST FOR FUNDS & EXPENDITURE REPORT Agency Program Report Date of Period Request Fort Worth Directions Home Voucher Housing Program Providing Rental Authority Assistance for Homeless Individuals and Families OPERATING COST (AGENCY) l . Total Expenditures for Reporting Period: _ 2. Please attach monthly invoice. 3. Please attach monthly report describing expenditure items. Please send invoices to: Kate Scott -Ward Planning and Development City of Fort Worth 1000 Throckmorton St Fort Worth, Texas 76102 Invoices to be approved by: (City) Randle Harwood, Director Program Management Office City Manager's Office 1000 Throckmorton Street Fort Worth, TX 76102 Dana Burghdoff, Deputy Director Planning Division Planning and Development 1000 Throckmorton Street Fort Worth, TX 76102 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, December 16, 2008 LOG NAME: 02HOMELESS FWHA REFERENCE NO.: C-23247 SUBJECT: Authorize Agreement with the Fort Worth Housing Authority in the Amount of $880,800.00 for the Directions Home Voucher Program Providing Rental Assistance for Homeless Individuals and Families RECOMMENDATION: It is recommended that the City Council: 1. Authorize an Agreement with the Fort Worth Housing Authority in the amount of $880,800.00 for the Directions Home Voucher program which will provide rental vouchers for a minimum of 100 homeless households for the duration of 12 months; 2. Authorize the City Manager or his designee to extend or renew the Agreement for up to one year if the Fort Worth Housing Authority requests an extension and it is necessary for the completion of the Directions Home Voucher program; and 3. Authorize the City Manager or his designee to amend the Agreement if necessary to achieve program goals provided that the amendment is within the scope of the Directions Home Voucher program and in compliance with applicable laws. DISCUSSION: On June 17, 2008, the City Council adopted the City's Homelessness Plan, Directions Home (Resolution No. 3628-06-2008). Directions Home outlines, among other things, City funding responsibilities for rental assistance for 100 housing units for homeless individuals and families. On September 16, 2008, the City Council allocated $2,926,055.00 in the budget to implement action items described in Directions Home, including $880,800.00 for the Directions Home Voucher (DHV) program. Fort Worth Housing Authority (FWHA) is the only agency in Fort Worth that administers the Shelter and Care program (S + C), a federal program that links shelter for the homeless with supportive services. The DHV program is modeled after the federal S + C program. The DHV program provides $880,800.00 for rental vouchers for 100 homeless households. Participant eligibility will be determined by the FWHA. Determination of homelessness will follow HUD guidelines and priority will be given to vulnerable, chronic and long-term homeless. Each voucher provides rental assistance for 12 months. The FWHA will report to the City no less than quarterly on the performance of the DHV program. This program affects ALL COUNCIL DISTRICTS. http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 12/18/2008 Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers Submitted for City Manager's Office bv: Originating_Department Head: Additional Information Contact: FROM Fund/Account/Centers GG01 539120 0061040 $880,800.00 Fernando Costa (6140) Randle Harwood (6101) Otis Thornton (7552) http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 12/18/2008