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
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DIRECTIONS HOME VOUCHERS
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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
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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
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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
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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
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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
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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