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HomeMy WebLinkAboutContract 29748 CITY SECRETARY. NO. �)4 . Z_L AGREEMENT WITH FORT WORTH HOUSING AUTHORITY FOR HOUSING INSPECTION SERVICES This Agreement for Housing Inspection Services("Agreement")is between the City of Fort Worth("Fort Worth"),a home rule municipal corporation organized under the laws of the State of Texas,acting by and through its duly authorized Assistant City Manager,and the Housing Authority of the City of Fort Worth, dlbla/ the Fort Worth Housing Authority ("FWHA"), a Texas municipal housing authority, acting by and through its duly authorized Executive Director. (Sometimes Fort Worth and FWHA are hereinafter referred to individually as a "Party" and collectively as the "Parties"). RECITALS Fort Worth and FWHA agree that the following statements are true and correct and constitute the basis upon which they have entered into this Agreement. WHEREAS,FWHA is required by the U.S.Department of Housing and Urban Development C'HUD") to inspect replacement housing units for displaced families that are being relocated to ensure compliance with housing quality standards and to inspect such units for annual re- certification; WHEREAS, Fort Worth's Housing Department (the "Housing Department") maintains a staff of eight (S) licensed inspectors (the "Inspectors") to meet the requirements of Fort Worth's various housing activities under its Business Plan, including the provision of housing inspection services to FWHA; WHEREAS,in order to assist FWHA in expediting the relocation of displaced families,Fort Worth has in the past provided free inspection services to FWHA on initial replacement housing units; WHEREAS,HUD requires that inspections be performed by a third party if a housing unit is owned by FWHA; WHEREAS, FWHA has additional housing units requiring initial inspections and other housing units requiring inspections for annual re-certification; WHEREAS, the Housing Department inspected approximately 120 housing units for FWHA during fiscal year 2002-2003. NOW THEREFORE, the Parties agree as follows: 1. PURPOSE AND SCOPE. The purpose of this Agreement is to set forth the terms and conditions Worth will provide FWHA with inspection services for its housing units. n, V C; 2. TERM. Regardless of the date this Agreement is executed,the Parties agree that its effective date is August 1,2003 ("Effective Date") and that it will expire on September 30,2004 unless terminated earlier in accordance with this Agreement. The Parties may renew this Agreement annually for additional twelve (12) month terms by mutual written agreement. The Parties shall execute such renewal no later than thirty(30)days prior to the expiration of the then current term. In addition to termination for default pursuant to Section 5, either Party may terminate this Agreement without cause upon sixty(50) days' written notice to the other Party. FWHA shall advise Fort Worth in writing that it has appropriated sufficient funds for any renewal option. 3. DUTIES OF THE PARTIES AND SERVICES PROVIDED, 3.1 FWHA, a. FWHA shall be solely responsible for determining the eligibility of applicants for its rental programs. b. FWHA shall submit requests for inspections by the Inspectors only for housing units within the Fort Worth city limits. C. All requests for inspections shall be made in writing to the individual designated in writing from time to time by the Housing Department. d. FWHA shall furnish the Housing Department with the most recently available copy of the HUD-52580 Inspection Checklist (the"HQS"). FWHA will promptly furnish the Housing Department with any amendments or written changes to the HQS. All tenant complaints, repair requests, housekeeping issues or other tenant issues will be handled by FWHA. 3.2. Fort North. a. The Inspectors will conduct all inspections in accordance with the minimum Housing Quality Standards for participation in the Section 8 rental assistance program as set out in the form HUD 52580 HQS Inspection Checklist ref Handbook 7420.8 (ed. 312001, as amended). b. Inspections shall be performed within five (5)business days of the Housing Department's receipt of a written request for inspection unless the Parties agree in writing to a different deadline. C. Inspection reports shall be forwarded to FWHA by the close of the third business day following the performance of the inspection unless the Parties agree in writing to a different deadline. Inspection reports shall be made on the Fort Worth Housing Authority Section 8 Dousing Program Property Review, a copy of which is attached to this Agreement as Exhibit "A" and incorporated herein by reference for all purposes. d. The Inspectors will have no obligation to refer complaints, repair requests, housekeeping issues or other tenant issues to FWHA. e. Fort Worth shall designate in writing one or more of its ptoyees T o-wenom __. FOR-1 WORTH II HOUSING AUTHORITY — 1NSPECTION SERVICES Page 2 of 6 1 requests for inspections shall be delivered. 4. COMPENSATION. FWHA shall pay the following fees to Fort Worth: 1. Initial inspection on each housing unit $200.00 2. Annual re-certification inspection $100.00 3. Any re-inspection required for compliance $200.00 The Housing Department shall invoice FWHA monthly for the inspections performed and FWHA shall pay such invoice within thirty(30) days. The Parties acknowledge and agree that the initial invoice shall be for inspections performed from August 1, 2003 to January 31,2004. Such initial invoice shall be paid within thirty(30) days. 5. DEFAULT. If FWHA or Fort Worth fails, for any reason, to perform any provision 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 payment for services rendered; provided, however, if the breach is not reasonably susceptible to cure by the breaching Party within such thirty(30)day period,the non-breaching Party shall not exercise its option to terminate this Agreement so long as the breaching Party has commenced to cure the default within such thirty(30)day period and diligently completes the work within a reasonable time without unreasonable cessation of the work to complete the cure. 6. GENERAL PROVISIONS. 6.1. 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. 6.2. ,Seyerability. if any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 6.3. Force Majeure. 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 11OR 1 WOR 1 11 I IM"'S1N0 AUTHOR]]Y r -• r. INSPECTION SERVICES v omission of performance due to force maj eure 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. 6.4. 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. In any such action, the prevailing party shall recover from the other all reasonable attorneys' fees, court costs and other reasonable expenses incurred as a result of the action. 6.5 Entirety of Agreement. This Agreement,including all Exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between Fort Worth 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 6.6 Compliance with Laws. Fort Worth and FWHA shall each comply with all federal, state and local laws, regulations, licensing requirements and ordinances. 6.7 Independent Contractors. Fort Worth and FWHA shall operate hereunder as independent contractors and not as an officer,agent,servant or employee of the other Party. Each Party shall have the exclusive control of, and the exclusive right to control the work designated to be performed by either Party and its officers, employees, contractors and subcontractors, 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 Fort Worth nor FWHA shall be responsible under the Doctrine of Respondeat Superior for the acts or omissions of its officers,members, agents,employees or officers of the other. No partnership or j pint venture is intended or formed between Fort Worth and FWHA by this Agreement. 6.8 Immunity and Third Parties. It is expressly agreed that, in the execution and performance of this Agreement, neither Fort Worth 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 Fort Worth or FWHA while in the performance of this Agreement. This Agreement may not be construed to expand the liability of Fort Worth or FWHA beyond the scope of Chapter 10 1 of the Texas Civil Practice and Remedies Code,Vernon's Texas Codes Annotated,unless specifically stated herein. }-t)K I-WO HI 110 USINt;At YFI IORI TY INSPI-CTION SERVICES Page 4 ot'b � • i rr i A J rJ - 6.9 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. 6,10 Com liance 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 Fort Worth's charter. 6.11 Fiscal Funding Limitation. In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this Agreement, then FWHA will immediately notify Fort Worth of such occurrence and this Agreement shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to FWHA of any kind whatsoever,except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. 7. 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: Fort Worth: Jerome C. Walker, Director Fort Worth Housing Department 908 Monroe St. Fort Worth, Tx 76102 FWHA: Betty Bj ork Director of Assisted Housing Fort Worth Housing Authority 1201 E. 13th Street Fort Worth, Tx 76102 EXECUTED in multiple originals as of the last date indicated below: I OR-I WOR I'll II[)[ SINN AU TIIOKI I Y INSI'I�t'�I I[)w SI�KVIC'I S Page 5 Ut' _ clr ._ �.L CITY OF FORT WORTH: FORT WORTH HOUSING AUTHORITY: f ,E /L��r �By. :� By. ear - Reid Rector Barbara Holston Assistant City Manager Executive Director Date: f = - Date: r ATTEST: ATTEST: By. f By. Name: City S cretary Title: APPROVED AS TO FORM AND LEGALITY: B . y Vicki S. Ganske Senior Assistant City Attorney M & C. H)K 1WOR III II(A SING At I II()}ZI-I Y ?� ,� �,y Lj n,INSPI-(-I ION SI--,RVI(.T'S �.��-_'. Page 6 ot'6 ,a FORT WORTH r Fort Worth Housing Authority Section g Housing Program Property Review This inspection is made for the purpose of reviewing the property to insure it meets HUD's minimum Housing Quality Standards for participation in the Section 8 rental assistance program and is not an endorsement of the condition of the property beyond those requirements. CLIENT# UNIT# INSPECT# INITIAL ANNUAL CLIENT: SCHEDULED APPOINTMENTS: CURR.ADD.: VENDOR: ADDRESS OF UNIT REVIEWED: PHONE: INSPECTION RESULTS: CERT.EXPIRES: DATE RESULT INSPECTOR'S INITIALS HAP#: TRACT: ❑PASS ❑FAIL CERT.BEDS: ACT.BEDS: ❑PASS ❑FAIL ❑PASS ❑FAIL I ,as an Inspector for the Fort Worth Housing Authority,certify that this unit has been inspected and meets the minimum Housing Quality Standards for the Section 8 Program. Date Signature of Inspector I certify that I am the❑Owner ❑Owner's Agent for the aforementioned property and I have received a copy of this Inspection Review. Date Signature of Landlord ❑ FORINITI A LINSPECTIONg.All utilities must be on in the tenant's name(if Request for Lease Approval calls for tenant to pay all utilities)and receipts from the Utility Companies must be tumed into FWHA's office prior to the final review of the property in order to receive an approved status. ❑ FOR ANNUAL iNSE i N :Payments are scheduled to be abated on and no further housing assistance payments will be made on this unit by FWHA on behalf of the family after this date unless lia sepaiM have been made and the - property meets HQS. NOTE:IF INSPECTION REPORT SHOWS UTILITIES HAVE BEEN CUT OFF,HOUSING ASSISTANCE PAYMENT WILL BE ABATED IMMEDIATELYT UNLESS THIS OFFICE RECEIVES PROOF THAT UTILITY SERVICE(S)HAVE BEEN RESTORED-WITHIN 48 HOURS OF THE DATE OF THIS INSPECTION. ITEM 1.LIVING ROOM YES NO IN- FINAL APPROVAL COMMENTS ' # PA FAIL Initial/Date 1.1 Livinq Room Present 1.2 Electricity 1.3 Electrical Hazards 1.4 Security 1.5 Window Condition 1.6. Ceiling Condition 1.7 Wall Condition 1.8 Floor Condition 1.9 Lead Paint ITEM 2.KITCHEN YES NO IN- FINAL APPROVAL # PASq FAIL Initial/Date 2.1 Kitchen Area Present 2.2 Electricity 2.3 Electrical Hazards 2.4 Security 2.5 Window Condition 2.6 Ceiling Condition 2.7 Wall Condition 2.8 Floor Condition 2.9 Lead Paint 2.10 Stove or Ran a with Oven Needs to be in Place-Clean and Operable Refrigerator Needs to be in Place u t 2.11 -Clean and Operable A 2.12 Sink . 2.13 Space for Storage and Preparation of Food N� . SIT A ITEM 3.BATHROOM YES NO IN- FINAL APPROVAL COMMENTS # PASS FAIL Cowc.1 Initial/Date 3.1 Kitchen Area Present 3.2 Electricity 3.3 Electrical Hazards 3.4 Security 3.5 Window Condition 3.6 Qeiling Condition 3.7 Wall Condition 3.8 Floor Condition 3.9 Lead Paint 3.10 Flush Toilet 3-11 Fixed Wash Basin or Lavato 3.12 Tub or Shower 3.13 Ventilation ITEM 4.OTHER ROOMS USED YES NO IN- FINAL APPROVAL # FOR LIVING&HALLS PASS FAIL CONQ Initial/Date 4.1 Room Code* CHECK ONE and Room Location Right/Center/Left 4.2 Electricity 4.3 Electrical Hazards 4.4 Security 4.5 Window Condition 4.6 Ceiling Condition 4.7 Wail Condition 4.8 Floor Condition 4.9 Lead Paint 4.1 Room Code* CHECK ONE and Room Location Right/Center/Left 4.2 Electricity 4.3 Electrical Hazards 4.4 Security ' 4.5 Window Condition 4.6 Ceiling Condition 4.7 Wail Condition 4.8 Floor Condition 4.9 Lead Paint r 4+1 Room Code* CHECK ONE and Room Location El RighttCenterlLeft 4.2 Electricity 4.3 Electrical Hazards 4.4 Security r 4.5 Window Condition r 4.6 Ceiling Condition 4.7 Wall Condition 4.8 Floor Condition 4.9 Lead Paint i 4.1 Room Code* CHECK ONE and Room Location El Ri hVCenterlLeft r 4.2 Electricity 4.3 Electrical Hazards 4 4.4 Security 4.5 Window Condition 4.6 Ceilin2 Condition 4.7 Wall Condition 4.8 Floor Condition 4.9 Lead Paint 4.1 Room Code' El CHECK ONE and Room Location Right/Center/Left 4.2 Electricity 4.3 Electrical Hazards 4.4 Security 4.5 Window Condition 4.6 Ceiling Condition 4.7 Wail Condition 4.8 Floor Condition 4.9 Lead Paint *Room Codes: 1 -Bedroom or any room used for sleeping 4-Entrance Halls,Corridors,Staircase 2-Dining Room,or Dining Area 5-Additional Bathroom , 3-Second Living Room, Family Room,Den, Playroom,TV Room f �.y WA .J ITEM 5,ALL SECONDARY ROOMS YES NO IN- FINAL APPROVAL # PASS FAIL CONC. Initial/Date 5.1 None ❑ Go to Part 6 5.2 Security 5.3 Electrical Hazards 5.4 then Potentially HU&rdous Fe t re ITEM 6.BUILDING EXTERIOR YES NO IN- FINAL APPROVAL # PASS FAIL Cofir, Initial/Date 6.1 Condition of Foundation 6.2 Condition of Stairs,Rails&Porches 6.3 Condition of Roof&Gutters 6.4 Condition of Exterior Surfaces 6.5 Condition of Chimney 6.6 Lead Paint 5.7 Manufactured Homes:Tie-Downs 5.8 Smoke Detectors ITEM 7.HEATING&PLUMBING YES NQ IN- FINAL APPROVAL # PASS FAIL CONG Initial/Date 7.1 Condition of Foundation 7.2 Condition of Stairs,Rails&Porches 7.3 Condition of Roof&Gutters 7.4 Condition of Exterior Surfaces 7.5 Condition of Chimney 7.6 Lead Paint 7.7 Manufactured Homes:Tie-Downs ITEM 8.GENERAL HEALTH&SAFETY YES NO IN- FINAL APPROVAL PASS FAIL cow, Initial/Date 8.1 Access to Unit 8.2 Fire Exits 8.3 Evidence of Infestation 8.4 Garbage&Debris 8.5 Refuse Disposal 8.6 Interior Stairs&Common Halls 8.7 Other Interior Hazards 8.8 Elevators 8.9 Interior Air Quality 8.1❑ Site&Neighborhood Conditions 8.11 Lead Paint:Owner Certification ❑REQUIRED ❑NOT REQUIRED 8.12, Peeling Paint All peeling paint has been removed to the-bare wood and unit has been repainted with two coats of non-lead NOTES paint. CONFIRMED: ITEM YES NO IN- # PASS FAIL COW. UNDLoao=MnME VAM • 1 Y + F w •I Y b a City of Fort Worth,, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/23/2004 DATE: Tuesday, March 23, 2004 LOG NAME: 05FWHA MOU REFERENCE NO.: **C-19996 SUBJECT: Agreement Between the City of Fort Worth and the Fort Worth Housing Authority for Housing or Apartment Inspections RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an agreement with the Fort Worth Housing Authority (FWHA) for a fee-based apartment/housing inspection service to be provided by the City of Fort Worth's Housing Department; and 2. Authorize the City Manager to amend or renew the agreement annually, unless terminated as provided in the agreement. DISCUSSION: Under the agreement, the City of Fort Worth's Housing Department will provide inspection services on Section 8 units owned by the Fort Worth Housing Authority (FWHA). The U.S. Department of Housing and Urban Development requires that these units be inspected for compliance with Housing Quality Standards (HQS). Such inspections have to be conducted by a third party if the property is owned by the FWHA. The City of Fort Worth's Housing Department maintains a staff of eight licensed housing inspectors who conduct HQS inspections for other HUD-funded projects. Under the agreement, FWHA will compensate the City of Fort Worth 's Housing Department for inspections, as follows: Initial Inspection of single unit $200.00 Annual Recertification of a single unit $ 100.00 Re-inspection of a single unit to correct nonconformance - $200.00 These rates will cover the expenses incurred for these inspections and are competive with rates charged by other third party inspection services. This will generate approximately $20,000 annually. The FWHA has agreed to reimburse the City for inspection services performed on units last year. Consequently, the agreement will be in effect upon execution, but will cover a term from August 1, 2003 until September 30, 2004, subject to annual renewals upon mutual written agreement of the City and the FWHA. Either party may terminate the agreement by giving sixty (60) days' written notice to the other party. The Housing 8 Workforce Development Committee endorsed the above recommendation on January 20, 2004. Housing units for inspection may be located in all Council Districts. T nnnamP• 0SFAxIT-TA Nd(1TT T. .... ■ Revenue received from FWHA for these inspections will be considered program income in the current CDBG grant. FISCAL INFORMATIONMERTIFICATION: The Finance Director certifies that the Housing Department will be responsible for the collection and deposit of funds due to the City under this agreement. TO Fund/Account/centers FROM Fund/Account/Centers GR76/ 451341/ 005206845000 $20,000.00 Submitted for City.Manager's office b Reid Rector (5140) Ori inatin Department Head: Jerome Walker (7537) Additional Information Contact: Carl Wagner (7374) T.nsrnnmP' MPUTP A MOT T n___ ON --VON