The purpose of this Agreement is to outline specific roles and responsibilities for each of the parties to this Agreement.

Transcription

1 AGREEMENT Between The City of Arlington And Housing Authority of the City of Arlington And Tarrant County For U.S. Department of Housing and Urban Development s Neighborhood Stabilization Program AND The Nurse-Family Partnership Program This Agreement is between the City of Arlington (City), the Housing Authority of the City of Arlington (Housing Authority), and Tarrant County (County). The City of Arlington is a municipal corporation. The Housing Authority of the City of Arlington is a public body corporate and politic authorized to operate in the Arlington, Texas. The Housing Authority of the City of Arlington is the City s developer for the Neighborhood Stabilization Program. The Tarrant County is a legal subdivision of the State of Texas, and is charged with the responsibility of administering the Nurse-Family Partnership (NFP) Program throughout Tarrant County. These three governmental entities will participate in the U.S. Department of Housing and Urban Development s Neighborhood Stabilization Program to facilitate the administration and operation of a residential housing facility suitable for occupancy by eligible participants of the Nurse-Family Partnership Program described in Appendix A of this Agreement. I. Purpose The purpose of this Agreement is to outline specific roles and responsibilities for each of the parties to this Agreement. II. Role and Responsibilities of the Parties A. City of Arlington, as grant recipient of the U S Department of Housing and Urban Development s Neighborhood Stabilization Program funds will: 1. Reimburse the Housing Authority with Neighborhood Stabilization Program funds based on supporting documentation of eligible expenditures. Reimbursement shall be limited to available grant funding, program income or eligible proceeds from NSP projects. 2. Review statement of work, budget, and policies for compliance with HUD regulations and consistency with local plan. 3. Complete the HUD-required project eligibility and environmental review record. 4. Provide technical assistance as requested by Housing Authority related to Neighborhood Stabilization Program grant obligations. Page 1 of 15

2 5. Fulfill the role of grant recipient and grant compliance and the statement of work provided as Exhibit A. B. Housing Authority of the City of Arlington serves as the developer for the City of Arlington with regard to the administration and operation of the Neighborhood Stabilization program. The Housing Authority will: 1. Make all necessary arrangements to develop building plans and specifications to construct a single family type detached two story residential facility, with a two car garage, five bedrooms and three and ½ bathrooms at 3107 Selfridge, Arlington, Texas Obtain a building permit and complete all necessary planning and zoning approvals. 3. Procure the services of a qualified professional builder to construct the residential facility. 4. Take all necessary and appropriate action to construct a single family detached residence located at 3107 Selfridge, Arlington, Texas in compliance with applicable ordinances and building codes and upon completion of construction, obtain a certificate of occupancy from the City of Arlington. 5. Make all necessary arrangements to prepare the dwelling unit located at 3107 Selfridge for occupancy by initially equipping the facility with appliances such as a refrigerator, washer, dryer, dishwasher, garbage disposal, microwave, cook top and oven. 6. Assist the Tarrant County Nurse-Family Partnership program to initially equip the residential facility with furniture and furnishings for the residents use. 7. Provide property management services including lawn maintenance, HVAC system maintenance and repairs to include compliance with applicable city code requirements. 8. Maintain property and insurance and real estate taxes as applicable. 9. Determine eligibility for Housing Authority or other rental assistance programs, and as applicable, ensure full execution of the HOME Beneficiary Agreement with signatures of the tenant and City. 10. Perform the responsibilities described by the statement of work provided as Exhibit B. C. Tarrant County will: 1. Assist the Housing Authority in obtaining donated furniture and furnishings for the facility for the benefit to and use by the residents. 2. Identify persons meeting the eligibility criteria of the Nurse-Family Partnership Program (NFP) and, with the Housing Authority, identify persons determined eligible to occupy the property located at 3107 Selfridge, Arlington, Texas based upon a set of criteria established by the Housing Authority and the County. 3. Refer the NFP participant to the Housing Authority to determine eligibility for participation in a rental housing assistance program. 4. If the NFP participant is a minor, refer client to appropriate agency to secure emancipated minor status. 5. With advanced written Housing Authority approval, assist NFP participant to move into 3107 Selfridge, Arlington, Texas 6. Deliver direct services to the NFP participant as required by the NFP grant with the Texas Health and Human Services Commission. 7. On the 1 st of each month, submit an occupancy report to the Housing Authority in a format provided by the Housing Authority for each occupant of the residence at 3107Selfridge. 8. Provide match documentation in an acceptable form to City / Housing Authority staff, on or before the 15 th of each month. 9. Fulfill the role of service provider and Housing Authority partner identified in Exhibit C. Page 2 of 15

3 III. Neighborhood Stabilization program requirements: A. HUD Allocation Contingency - The parties expressly understand and agree that the City s obligations under this Agreement are contingent upon the actual receipt of adequate grant funds from HUD. If adequate grant funds are not received by the City, then the City shall have no further obligations or liabilities under this Agreement. It is expressly understood that this Agreement in no way obligates the General Funds or any other monies or credits of the City of Arlington or the Housing Authority of the City of Arlington, or Tarrant County, any one of whom may terminate the Nurse-Family Partnership Program activity contemplated in this Agreement upon 60 days written notice. If the activity is discontinued, the property at 3107 Selfridge Drive, Arlington, Texas will remain an asset of the Housing Authority utilized for other NSP eligible uses consistent with the City s approved Action Plan. B. Developer Agreement Unless otherwise identified in this Agreement, The Housing Authority of the City of Arlington will continue to administer the Neighborhood Stabilization Program according to the terms of the Agreement between the City of Arlington, Texas and the Housing Authority of the City of Arlington entered into on May 3, 2010 and attached to this document as Appendix B. Appendix B is incorporated herein as if written word for word. C. Program Income Program income is defined as any revenue received by a state, unit of general local government or subrecipient (as defined at 24 CFR (c)) that is directly generated from the use of Community Development Block Grant funds, which includes NSP grant funds. The Housing Authority of the City of Arlington is the City s Developer for NSP activities. Revenues received by Developers are not considered program income. Net rental income received from this project is not considered program income, but will be used by the Housing Authority in support of this project and/or other housing related activities. D. Monitoring and Reporting - Housing Authority of the City of Arlington shall furnish all records with respect to any matters covered by this Agreement for inspection by the City of Arlington, HUD, or other authorized federal officials at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. If Housing Authority of the City of Arlington fails to submit, in a reasonable, timely and satisfactory manner, any report or response required by this Agreement, including responses to monitoring reports, the City may withhold payments otherwise due to Housing Authority hereunder. If the City withholds such payments, it shall notify Housing Authority in writing of its decision and the reasons therefore. Payments may be withheld by the City until such time as the delinquent obligations for which funds are withheld are fulfilled by Housing Authority. This Agreement and all records above and otherwise pertaining to such Agreement shall be maintained by both Housing Authority of the City of Arlington and the City for a period of five (5) years after final payment is made and all other pending matters are finalized. E. Amendments The City, Housing Authority, or County, may, at their discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by all parties to the Agreement. Page 3 of 15

4 F. Conformance with Federal Regulations Housing Authority of the City of Arlington shall comply with all applicable federal, state, and local laws. In addition, Housing Authority of the City of Arlington agrees to comply with applicable provisions of 24 CFR, Part 85 and OMB Circulars A-87 and A-133. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. Housing Authority of the City of Arlington further agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V, United States Code. IV. Nurse-Family Partnership program requirements The requirements by Tarrant County for compliance with the Nurse-Family Partnership Program and additional requirements required by the state of Texas Health and Human Services Department are incorporated by reference as Appendix C of this Agreement. V. Timeframe for Agreement This Agreement will be in effect July 1, The Agreement may be terminated for convenience by either any of the parties, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, any party determines that the remaining portion of this Agreement will not accomplish the purpose for which the Agreement was made, any party may terminate the Agreement in its entirety. Notwithstanding the above, the property at 3107 Selfridge Drive, Arlington, TX will remain available for use with the Nurse Family Partnership Program in perpetuity, but at a minimum, for a period of time ending not earlier than five years from NSP grant close out. Should the property no longer be used for this purpose, the provisions at 24 CFR will be applicable to the continued use of the property. VI. Notices Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communication under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. City of Arlington Housing Authority of the City of Arlington Trey Yelverton, City Manager David Zappasodi, Executive Director 101 W. Abram Street, 3 rd floor 501 W. Sanford Street, Suite 20 Arlington, TX Arlington, TX Phone: 817/ Phone: 817/ Fax: 817/ Fax: 682/ Tarrant County B. Glen Whitley, County Judge 100 E. Weatherford Street Fort Worth, TX / Page 4 of 15

5 VII. Severability If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. VIII. Section Headings and Subheadings The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. IX. No Verbal Agreements This Agreement contains all the terms, commitments and covenants of the PARTIES pursuant to this Agreement. Any verbal or written commitment not contained in this Agreement or expressly referred to in this Agreement and incorporated by reference shall have no force or effect. X. Immunity It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. IN WITNESS WHEREOF, the parties have executed this contract as of the date first written above. City of Arlington By Trey Yelverton, City Manager Housing Authority of the City of Arlington By David Zappasodi, Executive Director Tarrant County By B. Glen Whitley, County Judge Page 5 of 15

6 APPROVED AS TO FORM: Jay Doegey, City Attorney Page 6 of 15

7 Exhibit A Statement of Work City of Arlington Statement of Work The City of Arlington authorizes and supports the Housing Authority of the City of Arlington (Housing Authority) as the City s Developer for the Neighborhood Stabilization Program (NSP). The City further authorizes the Housing Authority to acquire and demolish the seriously substandard, vacant, foreclosed single family detached home located at 3107 Selfridge and redevelop this site by designing and constructing a single family detached home using NSP funds (pursuant to the Developer Agreement executed May 3, 2010 and resolution approved March 22, The City further authorizes the Housing Authority or its non-profit subsidiary to retain ownership of the property and utilize the constructed home in cooperation with Tarrant County s Nurse-Family Partnership program. The City authorizes the Housing Authority to rent the facility to persons determined eligible by the County to participate in the Nurse-Family Partnership program and to reside in the subject facility located at 3107 Selfridge, Arlington, Texas. The City authorizes the Housing Authority to ensure the provision of appropriate property management services and to accept a reasonable and customary property management fee for property management services. The City will perform HUD required environmental reviews and monitor the Housing Authority s activities with regard to the NSP program to ensure compliance with applicable HUD regulations. NSP Background The Neighborhood Stabilization Program (NSP) was established for the purpose of stabilizing communities that have suffered from foreclosures and abandonment. Through the purchase and redevelopment of foreclosed and abandoned homes, the goal of the program is being achieved. NSP funds are authorized under Division B, Title III of the Housing and Economic Recovery Act (HERA) of 2008, which provides grants to states and selected local governments on a formula basis. Overview of NSP Program NSP is a component of the Community Development Block Grant (CDBG). The CDBG regulatory structure is the platform used to implement NSP and the HOME Investment Partnership Program provides a safe harbor for NSP affordability, and other ongoing compliance requirements. NSP grantees develop their own programs and funding priorities. However, NSP grantees must use at least 25 percent of the funds appropriated for the purchase and redevelopment of abandoned or foreclosed homes or residential properties that will be used to house individuals or families whose incomes do not exceed 50 percent of the area median income. In addition, all activities funded by NSP must benefit low- and moderate-income persons whose income does not exceed 120 percent of area median income. Any grant activities are subject to compliance with all NSP requirements. Page 7 of 15

8 Exhibit B Statement of Work Housing Authority of the City of Arlington Statement of Work The Housing Authority of the City of Arlington (Housing Authority) will implement the Neighborhood Stabilization Program (NSP) funded by the U.S. Department of Housing and Urban Development (HUD). The Housing Authority acting on behalf of the City and as the City s developer for the Neighborhood Stabilization Program (NSP) has acquired and demolished a seriously substandard, vacant, foreclosed single family home located at 3107 Selfridge and will redevelop this site by designing and constructing a single family detached home using NSP funds (pursuant to the Developer Agreement executed May 3, 2010 and resolution approved March 22, The Housing Authority will utilize the constructed home in cooperation with Tarrant County s Nurse-Family Partnership program. The Housing Authority, as owner and landlord, will rent the facility to persons determined eligible by the County to participate in the Nurse-Family Partnership program and to reside in the subject facility located at 3107 Selfridge, Arlington, Texas (NFP home). The Housing Authority will maintain this property in compliance with City codes, and property standards required by the NSP grant, and will operate the facility in compliance with all applicable HUD regulations. The Housing Authority will: Review information provided by the County regarding the person or persons identified and recommended to serve as house parent / house supervisor including but not limited to a resume and application form. The Housing Authority will make a final determination if the recommended house supervisor is eligible and approved to reside in the subject unit. Receive Nurse Family Partnership program referrals from the County to determine if NFP participants are eligible for rental assistance provided by one of the Housing Authority s rental assistance programs. Where eligible, process application to provide rental assistance for eligible NFP participants. See Appendix D for additional information about Housing Authority administered rental assistance programs. As landlord/property owner/property manager, review information provided by the County for persons recommended for tenancy in the NFP home, and make a determination regarding approval or denial of admission to the facility for each applicant. Create a lease/occupancy agreement to be executed between the Housing Authority and each tenant that resides in the NFP home and enforce the terms and conditions of the lease agreement. Collaborate with the County to establish House Rules for the house supervisor and the Nurse-Family Partnership program participants and enforce established House Rules Collaborate with the County to create minimum qualifications for, and a job description for the house parent / house supervisor. Provide periodic property inspections. Maintain the subject property to ensure that it meets City code requirements and HUD Housing Quality Standards. Contract with a third party professional contractor to perform HV/AC system maintenance, repair, and seasonal checkups. Page 8 of 15

9 Contract with a third party professional to perform regular lawn maintenance. Contract with a third party handyman to perform home maintenance. Be on-call to receive information and address physical condition issues with regard to the subject property Perform property management services including applicant screening and processing, collection of rent and security deposit and scheduling required maintenance, enforcing the terms of the lease to ensure the residents are abiding by the terms and conditions of the lease agreement and house rules and to ensure that the residents demonstrate that they are good neighbors in the community. Perform property owner and NSP Developer responsibilities including bookkeeping, accounting, IRS reporting, audit services, providing reports to the Housing Authority, HUD and the City, maintaining adequate and appropriate levels of property and liability insurance for the property. Assist the County, through its contacts in the community, to obtain donated furniture and furnishings needed for occupancy by the Nurse-Family Partnership program participants. The NSP Developer activities are administered by the Housing Authority located at 501 West Sanford, Suite 20, Arlington, Texas The Housing Authority, working with the City and HUD will prepare an amendment to the NSP Action Plan seeking authorization for a change in use. The amendment will include a change from homeownership to a public facility for sheltered housing for homeless first time moms and their infants. Residents will receive supportive services from the Nurse-Family Partnership program. The Housing Authority will assess each person referred by the Nurse-Family Partnership program for participation in one of the Housing Authority s rental housing assistance programs. Rental Housing Assistance awards will be based on applicant eligibility and contingent on funding availability. Page 9 of 15

10 Exhibit C Statement of Work Tarrant County Statement of Work Description Nurse-Family Partnership, a maternal and early childhood health program, fosters long term success for first time moms, their babies and society. The Nurse-Family Partnership's maternal health program introduces vulnerable first-time parents to caring maternal and child health nurses. This program allows nurses to deliver the support first-time moms need to have a healthy pregnancy, become knowledgeable and responsible parents, and provide their babies with the best possible start in life. The relationship between mother and nurse provides the foundation for strong families, and lives are forever changed for the better. Nurse-Family Partnership is a free, voluntary program that partners first-time moms with nurse home visitors. When clients enroll in the program, a specially trained nurse will visit the client throughout the pregnancy and until the baby turns two years old. During these visits, the assigned caring nurse will offer the knowledge and support need to confidently create a better life for mom and baby. Nurse-Family Partnership is a model nurse home visitation program for evidence-based public health policy. With more than 30 years of evidence of effectiveness, Nurse-Family Partnership services have shown to help break the cycle of poverty, strengthen communities, and improve lives. The County is responsible for operating the Nurse-Family Partnership program in Tarrant County. The County will work cooperatively with the City of Arlington (City) and the Housing Authority of the City of Arlington (Housing Authority) and will ensure that persons eligible to participate in the Nurse-Family Partnership program are identified and referred to the Housing Authority to determine eligibility to reside in the supervised residential housing facility located at 3107 Selfridge, Arlington, Texas. The Tarrant County - Nurse-Family Partnership will: Identify eligible persons to participate in the Tarrant County Nurse-Family Partnership Program. Schedule an appointment and accompany eligible Nurse-Family Partnership Program participants to the Housing Authority to determine eligiblity to participate in a Housing Authority rental housing assistance program. Assist the NFP program participant to prepare and submit an application for rental housing assistance, including all documentation as may be required by the specific rental assistance program applied for. Assist the Nurse-Family Partnership Program participant in moving into the NFP home, following receipt of authorization from the Housing Authority. Take all reasonable and appropriate action, working with the Housing Authority, to solicit donations to ensure that the program participants have all the necessary furniture, furnishings and household supplies needed to reside in the subject facility. Comply with the terms of the grant agreement for the NFP program, including provision of client services. Page 10 of 15

11 Perform periodic site visits the residential housing facility located at 3107 Selfridge, Arlington, Texas to ensure that the Nurse-Family Partnership Program participant: o o o is in compliance with Nurse-Family Partnership program requirements, receives the required care and services identified in the individualized treatment plan for each program participant, and is in compliance with the Lease Agreement and the House Rules. Notify the Housing Authority immediately when the Nurse-Family partnership program participant has taken occupancy of the residential housing facility and when the program participant vacates the residential housing facility. Fully cooperate with the Housing Authority and or its agents, the City, and HUD permitting access to the residential housing facility for property inspections or audits. Permit the Housing Authority and or its agents, the City, and HUD to inspect its records regarding any Nurse-Family Partnership Program participants / residents of the subject property. Only records directly related to the tenancy in the NFP program home are subject to this requirement. Solicit, receive and review applications, and make recommendations to the Housing Authority for a suitable, mature, responsible person or married couple to serve as house parent / house supervisor. Collaborate with the Housing Authority to create House Rules for the house supervisor and the Nurse- Family Partnership program participants. Collaborate with the Housing Authority to create a job description and duties for the house parent / house supervisor. Encourage the occupants to abide by the terms and conditions of the lease agreement and House Rules. Encourage the occupants to comply with applicable rental assistance program, Housing Authority and HUD requirements. Encourage the occupants to take reasonable care of the subject property, operate the facility in an orderly manner, maintain the facility in a neat, clean, sanitary condition and to maintain good housekeeping practices. Encourage the occupants to be good citizens and good neighbors respectful of their neighbors right to quiet and peaceful enjoyment of their living environment. Support the Housing Authority if it becomes necessary and appropriate to enforce non-compliance with the terms and conditions of the lease including termination of tenancy and termination of the lease agreement for any of the occupants. Page 11 of 15

12 Appendix A Application Process (Nurse-Family Partnership Program) To apply for the Nurse-Family Partnership Program, applicants can call or have a referral agency fax a client referral form to Agency referrals are not required. The Nurse-Family Partnership Program encourages applicants to enroll as early as possible in their pregnancy. Eligibility Pregnant with first child Meets income requirements Resides in the service area Additional Program Information: Nurse-Family Partnership Program offices located at: Nurse-Family Partnership 1500 Circle Drive, Suite 300 Fort Worth, TX Hours of Operation: Monday through Friday 8:00 AM to 5:00 PM. Website: Page 12 of 15

13 Appendix B [Insert Developer Agreement between COA and AHA] Page 13 of 15

14 Appendix C [Insert Contract between County and HHSC] Page 14 of 15

15 Appendix D Housing Authority of the City of Arlington Rental Assistance Program Requirements Eligibility To participate in the Housing Authority s rental housing assistance programs the person must meet the HUD definition of Low Income household. A low income household is determined in accordance with the applicable low income limits established by the US Department of Housing and Urban Development (HUD) for the Arlington-Fort Worth Metropolitan Area. Eligibility requirements may differ depending upon the specific rental assistance program. Further, additional eligibility requirements may apply depending on the specific requirements of the rental housing assistance program being considered. Rental assistance programs vary by eligibility, financial participation by the applicant, length of assistance, and types of assistance available. Participants in the some Housing Authority s rental housing assistance programs require participants to pay approximately 30% of their income toward rent. Some rental housing assistance programs can also assist with security deposit and application fees. Some rental housing assistance programs are limited to a term of two years while others may provide assistance for a longer period. The Housing Authority acknowledges that the Nurse-Family Partnership program provides assistance until the child turns two years of age. Upon satisfactory completion of their two year participation in the NFP program, the Housing Authority may, dependant on program limitations and availability of funds, provide continued rental housing assistance at an alternate rental housing dwelling unit (selected by the participant) contingent on funding availability and continued eligibility for the specific program being utilized. Application Process Persons determined eligible to participate in the Nurse-Family Partnership program who are in need of housing assistance will be referred to the Housing Authority by the County. Participants will be contacted by the Housing Authority to schedule an appointment to determine if the applicant is eligible for one of the Housing Authority s rental assistance programs. If an available program is identified, the NFP program participants are required to complete an application for rental housing assistance, and meet all eligibility and application requirements of the program. Additional Program Information The Housing Authority of the City of Arlington offices are located at 501 W. Sanford, Suite 20, Arlington, Texas Hours of Operation: Monday through Friday 8:00 AM to 5:00 PM, Tuesday until 7:00 PM Web address: Page 15 of 15