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HomeMy WebLinkAboutContract 43392 (2)OFFICIAL RECORD CITY SECRETARY AGREEMENT FOR SERVICES coIfrRACT NO. FT, WORTH, tt THIS AGREEMENT ("Agreement") is made and entered into between THE CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas ("City"), acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Fort Worth Housing Authority, acting by and through Barbara Holston, its duly authorized President ("Contractor"). RECITALS WHEREAS, City has received grant monies from the United States Department of Housing and Urban Development ("HUD") from the Homelessness Prevention Fund, hereinafter referred to as the "Homelessness Prevention and Rapid Re -Housing Program ("HPRP"), under Title XII of the American Recovery and Reinvestment Act of 2009 ("Recovery Act"); WHEREAS, Congress intends that the purpose of the HPRP is to target and prioritize households that are most in need of temporary assistance and are most likely to achieve stable housing by providing financial assistance and services to either prevent individuals and families from becoming homeless or help those who are experiencing homelessness to be quickly re- housed and stabilized; and WHEREAS, City citizens, the CDC, and the City Council have determined that HPRP services are needed by certain of the City's low and moderate -income citizens. NOW, THEREFORE, in consideration of the mutual covenants herein expressed, and other good and valuable consideration, the parties agree as follows: AGREEMENT 1. Performance of Services. Contractor covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, all objectives, program requirements and the budget described in Exhibit "A", attached and incorporated herein for all purposes incident to this Agreement ("Services"). 2. Term. This Agreement shall be in effect from the effective date of this Agreement and, unless terminated earlier pursuant to such provisions in this Agreement, shall extend until City determines the Services have been completed and final payment has been made to the Contractor. 3. Fee. City agrees to reimburse Contractor for actual expenses in an amount up to ONE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($150,000.00), as set forth in the attached Exhibit "A". Payment from City to Contractor shall be made on an invoice basis following receipt by City from Contractor of a signed invoice. Payment will be processed by City following receipt from Contractor of the following monthly financial documents for each Program, attached hereto as Exhibit "B": (1) Attachment I- Invoice, (2) Attachment II - Expenditure Worksheet, and (3) Attachment IIIa — Prevention Client Data Report, and (4) HPRP Contract Fort Worth Housing'Authority (Contractor) -1 2 Al 0 : 21 IN Prevention and Rapid Re-Housng Page 1 Attachment IIIb — ReHousing Client Data Report. The invoice shall be submitted to City, addressed to Housing Economic Development Department, no later than the 15th day following the end of the month 4. Termination Either party may cancel this Agreement at any time and for any reason by providing the other party with thirty days written notice of termination In the event this Agreement is terminated prior to expiration of the Term City shall pay Contractor only for Service actually rendered as of the effective date of termination 5. Independent Contractor. Contractor shall operate hereunder as an independent contractor and not as an officer agent, servant, or employee of City. Contractor shall have exclusive control of and the exclusive right to control the details of the Services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, subcontractors and program participants. The doctrine of respondeat superior shall not apply as between the City and Contractor, its officers, agents, servants, employees, subcontractors, or program participants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, agent, employee, or subcontractor of Contractor is in the paid service of City. 6. Indemnification. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS OF CITY; AND CONTRACTOR HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF CONTRACTOR, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, HPRP Contract Prevention and Rapid Re-Housng Fort Worth Housing Authority (Contractor) Page 2 SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE Contractor shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. This Section 6 shall survive the expiration or termination of this Agreement. 7 Insurance. During the term of this Agreement, Contractor shall procure and maintain at all times in full force and effect, a policy or policies of insurance that provide the specific coverage set forth in this Section 7 as well as any and all other public risks related to Contractor's performance of its obligations under this Agreement. Contractor shall specifically obtain the following types of insurance at the following limits • Commercial General Liability: $1,000,000 per occurrence; providing blanket contractual liability insurance products and completed operations; independent contractor's liability; and coverage for property damage to City facilities; and • Errors & Omissions (Professional Liability): If coverage is written on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement The certificate of insurance shall state that the coverage is claims -made and include the retroactive date. The insurance shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence coverage. Coverage shall be in the following amounts: (1) $1,000,000 per occurrence or claim (2) $2,000,000 aggregate Contractor shall promptly provide the City with certificates of insurance that verify Contractor's compliance with the insurance requirements of this Agreement The City's Risk Manager shall have the right to review and evaluate Contractor's insurance coverage and to make reasonable HPRP Contract Prevention and Rapid Re-Housng Fort Worth Housing Authority (Contractor) Page 3 requests or revisions pertaining to the types and limits of that coverage. Contractor shall comply which such requests or revisions as a condition precedent to the effectiveness of this Agreement. 8. Assignment Contractor shall not assign or subcontract all or any part of its rights, privileges or duties under this Agreement without the prior written consent of City and any attempted assignment of subcontract of same without such prior written approval shall be void and constitute a breach of this Agreement 9. Compliance with Law. Contractor, its officers, agents, employees and subcontractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Contractor any such violation on the part of Contractor or any of its officers, agents employees or subcontractors, then Contractor shall immediately desist from and correct such violation. 10. Non -Discrimination Contractor, in the execution, performance or attempted performance of this contract and Agreement, will not discriminate against any person or persons because of disability, age, familial status, transgender, gender identity, gender expression, sex, race, religion, color or national origin, nor will Contractor permit its officers, agents, employees, or subcontractors to engage in such discrimination. This Agreement is made and entered into with reference specifically to Chapter 17, Article III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment Practices"), and Contractor hereby covenants and agrees that Contractor, its agents, employees and subcontractors have fully complied with all provisions of same and that no employee or employee -applicant has been discriminated against by either Contractor, its agents, employees or subcontractors. 11. Right to Audit. (1) City, HUD, and the United States Comptroller General, or their respective representatives, shall have access for four (4) years following the termination of this Contract to any books, documents, records and papers relating to the operations of Contractor under this Contract for the purpose of audit, examination, exception and transcription at all of Contractor's offices at all reasonable hours. This provision shall survive the termination or expiration of this Contract. (2) All non-federal entities that expend $500,000 or more in Federal funds within one (1) year, regardless of the source of the Federal award, must submit to City an annual audit prepared in accordance with 24 CFR Sections § 570.502-570.503 generally (known as a ' Single Audit"), with specific reference to OMB Circulars (with attachments) A-122, "Cost Principles for Non - Profit Organizations", and A-133, "Audits of States, Local Governments, and Non -Profit Organizations", as appropriate. The audit may cover either Contractor's fiscal year during which this Contract is in force or cover the period of this Contract The audit must be prepared by an independent certified public accountant, be completed within nine (9) months following the end of the period being audited and be submitted to City within thirty (30) days of its completion. Contractor's audit certification is attached hereto as Exhibit ` C" - Audit Certification Form. The Audit Certification Form must be submitted to City within sixty (60) days of the end of the period being audited (Contractor's fiscal year). Costs of preparation of this audit may be an HPRP Contract Prevention and Rapid Re-Housng Fort Worth Housing Authority (Contractor) Page 4 allowable expenditure of HPRP Funds in an amount proportional to that of the HPRP Funds used in Contractor's total agency operating budget. Non-profit entities that expend less than $500,000 a year in Federal funds are exempt from Federal audit requirements for that year, but shall provide City with a copy of any other financial audit or audited financial statements prepared during the Contract term, and records must be available for review or audit by appropriate officials of the Federal agency, City, and General Accounting Office ("GAO"). (3) City reserves the right to perform an audit of Contractor's agency operations and finances at any time during the term of this Contract, if City determines that such audit is necessary for City's compliance with OMB Circular A-133. Contractor agrees to allow access to all relevant books, records and materials If such audit reveals a questioned practice or expenditure, such questions must be resolved within thirty (30) days after notice to Contractor. If questions are not resolved within this period, City reserves the right to withhold further funding under this Contract and/or any other contract(s) with Contractor. (4) If as a result of any audit it is determined that Contractor has misused, misapplied or misappropriated all or any part of the HPRP Funds, Contractor agrees to reimburse the City the amount of such monies so misused, misapplied or misappropriated, plus the amount of any sanction, penalty or other charge levied against City because of such misuse, misapplication or misappropriation. (5) Contractor agrees that the City shall have access to any and all of Contractor's programmatic operations and financial information pertaining to the Program in order to monitor all activities performed by Contractor pursuant to this Contract to ensure that the Program requirements established by HUD and the City are being met. This Section 11 shall survive the expiration or termination of this Agreement. 12. Fiscal Funding. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments hereunder, City will notify Contractor 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 shall have been appropriated. 13. Entire Agreement This written instrument constitutes the entire agreement by the parties hereto concerning the work and services to be performed hereunder and any prior or contemporaneous, oral or written agreement, which purports to vary from the terms hereof shall be void 14. Venue and Jurisdiction. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance of this Agreement, venue for said action shall he in Tarrant County, Texas. 15. Notices. Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand -delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party shown below: HPRP Contract Prevention and Rapid Re-Housng Fort Worth Housing Authority (Contractor) Page 5 1 CITY: Copies To: Fernando Costa City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Housing and Economic Development City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Leann Guzman, Assistant City Attorney Law Department 1000 Throckmorton Street Fort Worth, TX 76102 2. CONTRACTOR: Fort Worth Housing Authority 1201 E 13th Street Fort Worth, TX 76102 16. Non -Waiver. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's or District's right to assert or rely upon any such term or right on any future occasion. 17. Disclosure of Conflicts. Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services and proposed services with respect to the Project. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to the City in writing. The City acknowledges that Contractor may use products, materials or methodologies proprietary to Contractor. The City agrees that Contractor s provision of services under this Agreement shall not be grounds for the City to have or obtain any rights in such proprietary products, materials or methodologies unless the parties have executed a separate written agreement with respect thereto. Notwithstanding the foregoing, Contractor understands and agrees that the City is subject to various public information laws and regulations, including, but not limited to, the Texas Open Records Act. Contractor, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to any third party without the prior written approval of the City. HPRP Contract Prevention and Rapid Re-Housng Fort Worth Housing Authority (Contractor) Page 6 18. 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. 19. Force Majeure. The City and Contractor 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 omission, fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. [SIGNATURES APPEAR ON FOLLOWING PAGE ] HPRP Contract Prevention and Rapid Re-Housng Fort Worth Housing Authority (Contractor) Page 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples in Fort Worth, Tarrant County, Texas, to be effe t of /0) !)- , 2012 (the "Effective Date"). hir FOititi? A► 0000000p v 7a o � o ATTEST:(a,004 OF FORT WORTH &--• 44 oak Pi "hi fi v _ Clty Secretary >000000000p, Assi APPROVED AS TO FORM AND LEGALITY: (1/14Y14/04A i Leann Guzman // Assistant City Attorney Date: CF qj� ;+�i (�xJ /`/�- • � 1/ (/�� may/. � �/'}. 1� /\/�J' y� C J 3 a •� :� a V� t A Y- t h V l]� i Cf. a t T T {HO1�1V Date • C5:4 :3•4: • EVONIA DANIELS MY COMMISSION EXPIPES July 10, 2013 I. pitind) 112.44-th4 7 -a ay xe CONTRACTOR FORT WORTH HOUSING AUTHORITY By: awdakasacips,„ Barbara Holston, President and CEO n AAAAA&kAAAnnnnnnnnnnnnI,AAA,n%a/%AAkAAAAA ANNA G. GAINES My Commission Expires November 09, 2015 • :-IPRP Contract Prevention and Rapid Re-Housng Fort Worth Housing Authority (Contractor) Page 8 • EXHIBIT "A" SERVICES The Fort Worth Housing Authority has been hired to provide Homelessness Prevention and Rapid Re -Housing services on behalf of the City of Fort Worth in accordance with the attached program services and requirements within the approved budget categories that is also attached. HPRP Contract Prevention and Rapid Re-Housng Fort Worth Housing Authority (Contractor) Page 9 PROGRAM REQUIREMENTS: Reauirements for All Proeram Particinants 1. Any individual or family provided with financial assistance through HPRP must have at least an initial consultation with a case manager or other authorized representative who can determine the appropriate type of assistance to meet their needs; 2. The household must be at or below fifty (50%) AMI; 3. The household must be either homeless or at risk of losing its housing and meet both of the following circumstances; (I) no appropriate subsequent housing option have been identified; AND (2) the household lacks the financial resources and support networks needed to obtain immediate housing or remain in its existing housing. Prevention 1. To provide homelessness prevention assistance to households who would otherwise become homeless - many due to the economic crisis. 2. Eligible households are defined as individuals and families who are currently in housing but are at risk of becoming homeless and need temporary rent or utility assistance to prevent them from becoming homeless or assistance to move to another unit. 3. Eligible Activities: a. Financial Assistance: i. Short-term rental assistance for a period of up to 3 months. Tenant -based rental assistance can be used to allow individuals and families to remain in their existing rental units or to help them obtain and remain in rental units they select. ii. Medium -term rental assistance for a period of 4-18 months. Up to 6 months of rental arrears may be paid for program participants if the payment enables the program participant to remain in the housing unit for which the arrears are being paid or move to another unit. Security deposits. iv. Utility deposits. v. Utility payments. vi. Moving cost assistance. vii. Motel and hotel vouchers b. Stabilization Services: i. Case management: arrangement, coordination, monitoring, and delivery of services related to meeting the housing needs of program participants and helping them obtain housing stability. Activities may include: counseling; developing, securing, and coordinating services, monitoring and evaluating program participant progress; assuring that program participants' rights are protected; and developing an individualized housing and service plan, including a path to permanent housing stability subsequent to HPRP financial assistance. ii. Outreach and engagement: designed to publicize the availability of' programs to make persons who are homeless or almost homeless aware of these and other available services and programs. Housing search and placement: services or activities designed to assist individuals or families in locating, obtaining, and retaining suitable housing. Activities may include: tenant counseling; assisting individuals and families to understand leases; securing utilities; making moving arrangements; representative payee services concerning rent and utilities; and mediation and outreach to property owners related to locating or retaining housing. iv. Legal services: services to help people stay in their homes, such as services or activities provided by a lawyer or other person under the supervision of a lawyer to assist program participants with legal advice and representation in administrative or court proceedings related to tenant/landlord matters or housing issues. v. Credit repair: services that are targeted to assist program participants with critical skills related to household budgeting, money management, accessing a free personal credit report, and resolving personal credit issues. HPRP Contract Prevention and Rapid Re-Housng Fort Worth Housing Authority (Contractor) Page 10 c. Data Reporting: i. Purchase of HMIS software and/or licenses; ii. Leasing or purchasing needed computer equipment for providers and the central server; iii. Costs associated with data collection; iv. Entry and analysis; and v. Staffing associated with the operation of the HMIS, including training. d. Administrative Costs: i. Accounting for the use of grant funds; ii. Preparing reports for submission to HUD; iii. Obtaining program audits; iv. Similar costs related to administering the grant after the award; and v. Staff salaries associated with administrative costs. Ranid Re -Housing 1. To provide rapid re -housing assistance to persons who are homeless as defined by section 103 of the McKinney-Vento Homeless Assistance act (42 U.S.C. 11302) 2. Eligible persons are individuals and families who are at or below 50% AMI and experiencing homelessness (residing m emergency or transitional shelters or on the street) and need temporary assistance in order to obtain housing and retain it 3. Eligible Activities: a. Financial Assistance: i. Short-term rental assistance for a period of 1-3 months. Tenant -based rental assistance can be used to allow individuals and families to remain in their existing rental units or to help them obtain and remain in rental units they select. ii. Medium -term rental assistance for a period of 4-18 months. Up to 6 months of rental arrears may be paid for program participants if the payment enables the program participant to remain in the housing unit for which the arrears are being paid or move to another unit. iii. Security deposits. iv. Utility deposits. v. Utility payments. vi. Moving cost assistance. vii. Motel and hotel vouchers b. Stabilization Services: i. Case management: arrangement, coordination, monitoring, and delivery of services related to meeting the housing needs of program participants and helping them obtain housing stability. Activities may include: counseling; developing, securing, and coordinating services, monitoring and evaluating program participant progress; assuring that program participants' rights are protected; and developing an individualized housing and service plan including a path to permanent housing stability subsequent to HPRP financial assistance. ii. Outreach and engagement: designed to publicize the availability of programs to make persons who are homeless or almost homeless aware of these and other available services and programs. iii. Housing search and placement: services or activities designed to assist individuals or families in locating, obtaining, and retaining suitable housing. Activities may include: tenant counseling; assisting individuals and families to understand leases; securing utilities; making moving arrangements; representative payee services concerning rent and utilities; and mediation and outreach to property owners related to locating or retaining housing. iv Legal services: services to help people stay in their homes, such as services or activities provided by a lawyer or other person under the supervision of a lawyer to assist program participants with legal advice and representation in administrative or court proceedings related to tenant/landlord matters or housing issues. HPRP Contract Prevention and Rapid Re-Housng Fort Worth Housing Authority (Contractor) Page 11 v. Credit repair: services that are targeted to assist program participants with critical skills related to household budgeting, money management, accessing a free personal credit report, and resolving personal credit issues. c. Data Collection i. Purchase of HMIS software and/or licenses; ii. Leasing or purchasing needed computer equipment for providers and the central server; iii. Costs associated with data collection; iv. Entry and analysis; and v. Staffing associated with the operation of the HMIS, including training. d. Administrative Costs: i. Accounting for the use of grant funds; ii. Preparing reports for submission to HUD; iii. Obtaining program audits; iv. Similar costs related to administering the grant after the award; and v. Staff salaries associated with administrative costs Additional Resnonsibilities of Agency: 1. No program participant may receive more than 18 months of assistance under HPRP. 2. To determine Area Median Income, agency will use HUD's Section 8 income eligibility standards for HPRP 3. Agency must certify eligibility at least once every 3 months for all program participants receiving medium - term rental assistance. 4. All program participants must be encouraged to participate in case management provided by the agency. 5. Agency must not make payments directly to program participants, but only to third parties, such as landlords or utility companies. 6. An assisted property may not be owned by the agency or the parent, subsidiary or affiliated organization of the agency. 7. Agency determines the amount of short-term and medium -term rental assistance provided, such as "shallow subsidies' (payment of a portion of the rent), payment of 100% of the rent charged, or graduated/declining subsidies This determination process should be documented and consistently applied. 8. Agency may set a maximum amount of assistance that is more stringent than HPRP federal guidelines (ex. Maximum of 6 months of assistance instead of 18 months.) 9. Agency may require program participants to share in the costs of rent, utilities, security and utility deposits, moving, hotel or motel, and other expenses as a condition of receiving HPRP financial assistance. Written procedures must document determination process. 10. If HPRP funds are used to pay rental arrears arrears must be included in determining the total period of the program participant's rental assistance, which may not exceed 18 months. 11. Rental assistance paid cannot exceed the actual rental costs which must be in compliance with HUD's standard of "rent reasonableness," which means that the total charged for a unit must be in relation to the rents being charged during the same time period for comparable units in the private unassisted market and must not be in excess of rents being charged by the owner during the same period of time for comparable non -luxury unassisted units. Current Fair Market Rent and Utility Allowances must be used. 12. Rental assistance payments cannot be made on behalf of eligible individuals or families for the same period of time and for the same costs types that are being provided through another federal, state or local housing subsidy. 13. Security and utility deposits covering the same period of time in which assistance is being provided through another housing subsidy program are eligible, as long they cover separate cost types. 14. HPRP funds may be used for up to 18 months of utility payments, including up to 6 months of utility payments in arrears, for each program participant, provided that the program participant or a member of his/her household has an account in his/her name with a utility company or proof of responsibility to make utility payments, such as cancelled checks or receipts in his/her name from a utility company. 15. HPRP funds may be used for reasonable moving costs, such as truck rental, hiring a moving company, or short-term storage fees for a maximum of 3 months or until the program participant is in housing, whichever is shorter HPRP Contract Prevention and Rapid Re-Housng Fort Worth Housing Authority (Contractor) Page 12 16. HPRP funds may be used for reasonable and appropriate motel and hotel vouchers for up to 30 days if no appropriate shelter beds are available and subsequent rental housing has been identified but is not immediately available for move -in by the program participants. 17. Legal services related to mortgages are not eligible 18. Administrative costs do not include the costs of issuing financial assistance, providing housing relocation and stabilization services, or carrying out eligible data collection and evaluation activities. 19. Agency shall submit monthly HMIS reports to the City of Fort Worth no later than the 5th day after the reporting month. HPRP Contract Prevention and Rapid Re-Housng Fort Worth Housing Authority (Contractor) Page 13 HPRP Procedures Intake will begin with a telephone screening (Preliminary Screening). Clients are instructed to leave name and phone number on a dedicated line. Both HPRP Case Manager and HPRP Clerk will return calls in the order messages left Screening calls (Eligibility Screening) will include questions to determine eligibility as well as which area of need the person will fall into: Rapid Rehousing or Prevention. Those who appear eligible will be given an appointment time (Interview) and told what documentation they will need. Preliminary Screening 1. Does the client live in the City of Fort Worth? Yes, must be a Fort Worth resident 2. Does the client reside at a FWHA owned property? No, cannot pay to self 3. Is the client receiving federally funded supportive housing assistance? If yes, we can only pay amounts due prior to May 2012. (In June, prior to June.) 4. Does client have low-income? (See chart, qualifying amount will be verified at interview) Eligibility Screening 1. Client is screened by HPRP Case Manager or Clerk A. Documentation of Eligibility Prevention Projects - two items must be selected on this form, OR Documentation of Eligibility Rapid Re -Housing Projects (signatures required) B. HPRP Documentation Checklist Financial Assistance & Housing Unit this form identifies type of assistance being sought. Rent Reasonableness required for Current or ongoing rent or security deposit. Inspection required if moving to new housing unit. Lead -Based Paint Inspection required if housing unit was built prior to 1978 AND child under age 6 or pregnant woman lives in household. C. HPRP Documentation Checklist: Participant Eligibility - This form identifies client income, housing situation and required documentation. 2. Appointment for interview can be scheduled upon meeting eligibility determined by screening. A. Required documents identified at screening will also need to be brought to interview. B. Application can be faxed, emailed or provided to client by external agency case manager. A client may arrive early to scheduled appointment to complete application if other methods are not available During appointments, all the appropriate intake foams will be completed and copies made of documents proving the current need. Third party verifications will be made then or following the appointment and the file will be completed. Rent reasonableness will be checked on the GoSection8.com website. For new move -ins the FWHA client database will be checked to see if a current inspection is on file for the property. If not, an HPRP Contract Prevention and Rapid Re-Housng Fort Worth Housing Authority (Contractor) Page 14 inspection for habitability is ordered with the Inspections contractor. After all approvals, a check request for the appropriate amount and to the appropriate vendor will be completed. Interview 1. Client completes HPRP intake form. 2. Staff reviews HMIS Consent & Release forms, client signs. 3. Client fills in name and address on Exit Form. 4. Verify required documents• A. Documentation of Efforts to Obtain Assistance (client completes). B. Client completes Self Declaration of Income AND Self Declaration of Housing Status, if applicable. Staff completes telephone verification of income if applicable. C. HPRP Income Eligibility Calculation Worksheet (staff completes) D. Homeless Certification (if applicable, by Third -Party, verified outside agency case manager) E. Complete Case Management Service Plan 5. Make copies of client documents and assemble file 6. Contact landlord/utility company for W-9 (if applicable) 7. Rent Reasonableness, Inspection, Lead -based Paint Inspection as applicable. 8. Prepare Staff Certification for supervisor approval. Prepare check request for Administrator of Special Programs' signature, including copies of documents specifying payee and amount. Copies of the check requests will be placed in the client's file. HPRP Clerk enters the payments onto a spreadsheet to monitor the depletion of funds in each area — Prevention and Rapid Rehousing. The clerk then enters all the client information into the county HMIS ETO system. HPRP Contract Prevention and Rapid Re-Housng Fort Worth Housing Authority (Contractor) Page 15 BUDGET ADMINISTRATIVE Legal & Accounting- Prevention Office Supplies- Prevention Office Equipment Rental- Prevention Postage- Prevention Printing- Prevention Contract Labor (Inspections) Prevention Legal & Accounting- ReHousing Office Supplies- ReHousing Office Equipment Rental- ReHousing Postage- ReHousing Printing- ReHousing Contract Labor (Inspections)- ReHousing HOUSING RELOCATION AND STABILIZATION Salaries- Prevention Salaries- ReHousing FINANCIAL ASSISTANCE Rental Assistance- Prevention Rental Assistance- ReHousing Utility Payments- Prevention Utility Deposits- ReHousing Moving Costs- ReHousing Motel/Hotel Vouchers- ReHousing Security Deposits- ReHousing HMIS HMIS- Prevention i-IMIS- ReHousing TOTAL HPRP CONTRACT AMOUNT HPRP Contract Account Grant Budget 1007 1008 1009 1110 1111 1112 1119 1120 1121 1122 1123 1124 2001 2007 3001 3002 3003 3004 3005 3006 3007 4001 4002 1200 500 300 200 300 640 400 200 100 100 200 640 $9,314.00 $3,105.00 $42,000.00 $48,000.00 $2,000.00 $2,000.00 $2,000.00 $6,000.00 $550.00 $550.00 $120,299.00 Prevention and Rapid Re-Housng Fort Worth Housing Authority (Contractor) Page 16 EXHIBIT "B" ATTACHMENTS HPRP Contract Prevention and Rapid Re-Housng Fort Worth Housing Authority (Contractor) Page 17 Attachment I INVOICE Agency: Fort Worth Housing Authority Address: 1201 E. 13th Street City, State, Zip. Fort Worth, TX 76102 Program: HPRP Period of Service: Program Amount This Invoice I Cumulative to Date Contractor's Certification: I certify that the costs incurred are valid, eligible, and consistent with the terms and conditions of the contract between Agency and City By signing this invoice, I certify that to the best of my knowledge and belief the data included in this report is true and accurate. It is acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal, state, and local law. Signature and Date. Name: Title. Line No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 _ 60 I- Total Agency: Program: Date Check No, Payee or Beneficiary' City of Fort Worth Housing and Economic Development Department Expenditure Worksheet Fort Worth Housing Authority HPRP Description` I Account *Payroll must Identify employee. Rent must identify tenant. Other payments shou d identify individuals, if applicable. Amount I 1 Expense Line Item ADMINISTRATIVE Salaries- Prevention FICA- Prevention Life Insurance- Prevention Health Insurance- Prevention Disability Insurance- Prevention Unemployment -State- Prevention Legal & Accounting- Prevention Office Supplies- Prevention Office Equipment Rental- Prevention Postage- Prevention Printing- Prevention Salaries- ReHousinq FICA- ReHousing Life Insurance- ReHousinq Health Insurance- ReHousinq Disability Insurance- ReHousinq Unemployment -State- ReHousinq Legal & Accounting- ReHousinq Office Supplies- ReHousinq Office Equipment Rental- ReHousinq Postage- ReHousinq Printing_ ReHousing HOUSING RELOCATION AND STABILIZATION Salaries- Prevention FICA- Prevention Life Insurance- Prevention Health Insurance- Prevention Disability Insurance- Prevention Unemployment -State- Prevention Salaries- ReHousinq FICA- ReHousinq Life Insurance-ReHousinq Health Insurance- ReHousinq Disability Insurance- ReHousinq Unemployment -State- ReHousinq FINANCIAL ASSISTANCE Rental Assistance- Prevention Rental Assistance- ReHousinq Utility Payments- Prevention Utility Deposits- ReHousinq Moving Costs- ReHousinq Motel/Hotel Vouchers- ReHousinq Security Deposits- ReHousinq HMIS HMIS- Prevention HMIS- ReHousinq Attachment II Account 1001 1002 1003 1004 1005 1006 1007 1008 1009 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 3001 3002 3003 3004 3005 3006 3007 4001 4002 City of Fort Worth Housing and Economic Development Department Prevention Client Data Report Attachment Ilia Agency. Program: Month of First Month Name Service of Service? Fort Worth HousingAuthority HPRP-Prevention Street Address, City, State, Zip Age Sex Ethnicity (Indicate One) (indicate One) Male Female American Indian or Non- Alaskan Hispanic HlsoanIc Native Place a 1 in the appropriate column. Native Hawaiian Black or or Other Allan Pacific Asian American Islander If the aggregate count of any reported multiple race combination that Is not listed above exceeds 1% of the total population being reported, the combination should be reported separately. Race (Indicate One) American Indian or Black or Alaskan African Native Asian and American Whke and White White and White American Indian or Alaska Other Native Multiple and Black Race or African Combineti American ons' Place a 1 in *he appropriate column. Cumulative N of Months of HH She HH Income Assistance Financial Assistance Amount Type City of Fort Worth Housing and Economic Development Department ReHousing Client Data Report Attachment Illb Month of First Month Service of Service? Agency: Program: Name Fort Worth Housing Authority HPRP- Raold ReHousina Street Address, City, State, Zip Age ( Sex Ethnicity (Indicate One) (indicate One) Male Female Non- Hisoanic Hisoanlc American Indian or Alaskan Native Place a 1 in the appropriate column. Native Hawaiian Black or or Other African Pacific Asian American Islander *if the aggregate count of any reported multiple race combination that Is not listed above exceeds 1% of the total population being reported, the combination should be reported separately, Rate (Indicate One) American Indian or Black or Alaskan Afrlcen Native Asian end American White and White: White and White American Indian or Alaska Other Native Multiple and Black Race or African Combinat American one Cumulative 0 of Months of Assistance Place a 1 in • he appropriate column. HH Size HH Income Financial Assistance Amount Type EXHIBIT C — AUDIT CER 111FICATION FORM AND AUDIT REQUIREMENTS Agency: Fiscal Year Ending: j During the fiscal year in which funds will be received. we will exceed the federal expendintre threshold of S500.000. We will have our Single Audit or Program Specific Audit completed and will submit the A-133 audit report within seven (7) months after the end of the audited fiscal year or thirty (30) days within its completion. whichever is the earlier date. n During the fiscal year in which funds will be received, we wtll not exceed the $500.000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) Signatory and Title Total Federal Expenditures for this Fiscal Year: Date Failure to submit this or a similar statement or failure to submit a completed single audit package as described in the federally required audit requirements described in OMB Circulars A-133 by the required due date may result in suspension of funding and ma y affect eligibility for future funding. Notwithstanding the above, this certification acknowledges the agency's commitment to meet all other financial reporting, financial statements, and other audit requirements as may be set forth in the Contract. HPRP Contract Prevention and Rapid Re-Housng Fort Worth Housing Authority (Contractor) Page 18 M&C - Council Agenda City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/1/2012 DATE: Tuesday May 01, 2012 REFERENCE NO.: **C-25576 LOG NAME 17HPRPREALL2012 SUBJECT: Authorize Substantial Amendment to the City's 2008-2009 Action Plan Authorize Change in Use and Expenditure in the Amount Up to $300,000.00 in Homelessness Prevention and Rapid Rehousing Funds Authorize Execution of Contract Amendments with Cornerstone Assistance Network, The Salvation Army and the Fort Worth Housing Authority to Award Funds, Extend the Term and to Increase Funding (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the Substantial Amendment to the City's 2008-2009 Action Plan regarding the change in use in an amount up to $300,000.00 in funds for the Homelessness Prevention and Rapid Rehousing Program, 2. Authorize the execution of a contract amendment with Cornerstone Assistance Network to increase Homelessness Prevention and Rapid Rehousing Program funding in an amount up to $100,000.00 from remaining Homelessness Prevention and Rapid Rehousing Program funds; 3. Authorize the execution of a contract amendment with The Salvation Army to increase funding in an amount up to $100,000.00 from remaining Homelessness Prevention and Rapid Rehousing Program funds; 4. Authorize the execution of a contract for a one year term with the Fort Worth Housing Authority in an amount up to $100,000.00 from remaining Homelessness Prevention and Rapid Rehousing http://apps.cfwnet.org/ecouncil/printmc.asp?id=16659&print=true&DocType=Print[5/3/2012 11:13:03 AM] M&C - Council Agenda Program funds; and 5. Authorize the amendment of contracts, if necessary, to achieve program goals provided that the amendment is within the scope of the program and in compliance with applicable laws and regulations governing the use of federal grant funds. DISCUSSION: On April 18, 2009, the City of Fort Worth (City) issued requests for proposals from local agencies to administer Homelessness Prevention and Rapid Rehousing (HPRP) activities to benefit low income City residents. On August 18, 2009, (M&C C-23715) the City Council authorized contracts to administer HPRP programs. The Contracts were for a term beginning September 1, 2009 and ending August 31, 2011. On December 13, 2011 (M&C C-25345) the City Council authorized amendments to contracts with Cornerstone Assistance Network, the Community Enrichment Center and SafeHaven of Tarrant County to increase funding and extend their contracts. The City currently has HPRP funds available that have been repaid to the City for ineligible costs. The City must expend these remaining HPRP funds by July 21, 2012. In order to meet the United States Department of Housing and Urban Development (HUD) deadline, agencies that are willing and have the capacity to expend the funds will need to either enter into a new contract with the City or extend and amend their existing HPRP contract. Staff recommends that the City Council approve the expenditure in an amount up to $300,000.00 in HPRP funds as shown below: Agency Cornerstone Assistance Network The Salvation Army The Fort Worth Housing Authority Contract Extension/Expiration Date July 15, 2012 July 15, 2012 July 15, 2012 HPRP Total: Total Amount Not to Exceed $100,000.00 $100,000.00 $100,000.00 $300,000.00 A public comment period concerning the change in use of these funds was held from March 11, 2012 to April 11, 2012. Any comments are maintained by the Housing and Economic Development Department in accordance with federal regulations. This program benefits ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Grants Fund. FUND CENTERS: TO Fund/Account/Centers GR76 539120 017206359XXX FROM Fund/Account/Centers $300.000.00 GR76 539120 017206359XXX $300.000.00 CERTIFICATIONS: Submitted for City Manaaer's Office bv: Oriainatina Department Head: Fernando Costa (6122) Jay Chapa (5804) http://apps.cfwnet.org/ecouncil/printmc.asp?id=16659&print liue&DocType=Print[5/3/2012 11:13:03 AM] M&C - Council Agenda Additional Information Contact: ATTACHMENTS, 1. available fund.PDF (CFW Internal) Cynthia Garcia (8187) Charletra Hurt (7536) http://apps.cfwnet.org/ecouncil/printmc.asp?id=16659&print=true&DocType=Print[5/3/2012 11:13:03 AM] M&C Review Page 1 of 2 Official site of the City of Fort Worth, Trxa!J WORTICOUNCIL AGENDA FOR--Ther TY II 414.1: 1 -J-1 .rl_r^s.¢ .Y RA.ay. COUNCIL ACTION: Approved on 7/10/2012 - ad-. -'-a. -w- aMssannnmmallhor- DATE: 7/10/2012 REFERENCE NO.: **C-25675 LOG NAME: 17HPRP FWHA CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJLCT: Authorize Substantial Amendment to the City's 2009-2010 Action Plan, Authorize Change in Use and Expenditure in the Amount Up to $50,000.00 in Homelessness Prevention and Rapid Rehousing Funds, and Authorize Addition of $50,000.00 to the Contractor Agreement with the Fort Worth Housing Authority for Homelessness Prevention and Rapid Rehousing Services for a Contract Amount Up to $150,000.00 (ALL COUNCIL DISTRICTS) _371. u.d... la -_a alsJ1y11 k.r1..JILLa sail Si ie. 1• .jai llil.4. 1.. 1 hi .11ladia .sli auk A a•" . :._; YUf'-i --I qthr RECOMMENDATION: It is recommended that the City Council: 1. Authorize the Substantial Amendment to the City's 2009-2010 Action Plan regarding the change in use of up to $50,000.00 in funds for the Homelessness Prevention and Rapid Rehousing Program; 2. Authorize the addition of $50,000.00 to the Contractor Agreement with the Fort Worth Housing Authority for Homelessness Prevention and Rapid Rehousing Services for a contract amount up to $150,000.00; and 3. Authorize further amendment of the Contractor Agreement, if necessary, to achieve program goals provided that the amendment is within the scope of the program and in compliance with applicable laws and regulations governing the use of federal grant funds. DISCUSSION: On April 18, 2009, the City of Fort Worth (City) issued requests for proposals from local agencies to administer Homelessness Prevention and Rapid Rehousing (HPRP) activities to benefit low income City residents. On August 18, 2009, (M&C C-23715) the City Council authorized contracts to administer HPRP programs. The Contracts were for a term beginning September 1, 2009 and ending August 31, 2011. On December 13, 2011, (M&C C-25345) the City Council authorized amendments to contracts with Cornerstone Assistance Network, the Community Enrichment Center and SafeHaven of Tarrant County to increase funding and extend their contracts. On May 1, 2012, (M&C C-25576) the City Council authorized (1) amendments to contracts with Cornerstone Assistance Network and the Salvation Army to increase funding for each agency by up to $100,000.00, and (2) a new Agreement with the Fort Worth Housing Authority to act as a contractor of the City for HPRP services in the amount of $100,000.00. In the weeks since that M&C, the contract with the Fort Worth Housing Authority has not yet been executed, but the Fort Worth Housing Authority has determined that it may be able to perform additional HPRP services on behalf of the City for an additional $50,000.00 in funding for a total of up to $150,000.00. At the same time, some other agencies have determined that they may not be able to spend all funds allocated to them and, therefore, Staff recommends shifting the funds from the other agencies to the Fort Worth Housing Authority. Therefore, Staff recommends that the City Council approve adding up to $50,000.00 to the contract amount for the Contractor Agreement with the Fort Worth Housing Authority and executing the contract for an amount up to $150,000.00 in HPRP funds. http ://apps. cfwnet. org/council packet/mc_review.asp?ID=17039&councilda... 7/11/2012 M&C Review Page 2 of 2 This program benefits ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 539120 017206359XXX $50.000.00 GR76 539120 017206359XXX $50.000.00 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS Fernando Costa (6122) Jay Chapa (5804) Cynthia Garcia (8187) Robin Bentley (7315) http ://apps. cfwnet. org/council_packet/mcreview. asp?ID=1703 9&councilda... 7/1 1/2012