HomeMy WebLinkAboutHousing Authority - Temporary Housing MOU- 2009crVWRem MEMORANDUM OF UNDERSTANDING
ann,nn01111-0Qwrl Between the City of Fresno
and
Housing Authority of the City of Fresno
THIS MEMORANDUM OF UNDERSTANDINF hereinafter rammed to as `MOV is
made and entered into this L I st day of Id M Y/ 20W ("Effective Date') by and
between the City of Fresno, a California municipal moradon, hereinafter retorted to as
`City', and Me Housing Authority of Ne City of Fresno, hereinafter referred is as "HACF.
RECITALS
WHEREAS, the City has $550.000 in its FY 08-09 General Fund Budget for the purpose
of developing a comprehensive temporary hawing program ("Program") for he homeless
residing in the encampments located south of Ventura Avenue in the City of Fresno, In and
around the Monterey Sheet Bridge (hereinafter referred to as "Bridge Encampments'); and
WHEREAS, HACF finances antl overseas the development and management of
affordable housing in the City of Fresnc; and
WHEREAS, HACF represents g has the experience to develop temporary supportive
housing for adults, transitional age youth, and priced and their families who reside wghin the
City of Fresno; and
WHEREAS, the City and the HACF desire to provide temporary supportive housing to
approximately 150 individuals (including adults, transitional age youth, children and their
families) who are homeless, were assessed and determined eligible by the City triage
assessments conducted in April of 2009, and are residing in the Bridge Encampments
(hereinafter such individuals are refemed to as'Clienls'); and
WHEREAS, this MOU will be administered for City by its City Manager (hereinafter
referred to as "Administrator) or Neither designee; and
WHEREAS, his MOU will be adminlslered for HACF by Its Director of the Housing
Programs Department.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which recitals are
contractual in nature, the mutual promises herein contained and for other good and valuable
consideration hereby acknowledged, the "dies agree as follows'.
I. PURPOSE
The City and HACF seek to create temporary supportive housing for approximately
150 Clients, Including rental assistance and other supporWe services as needed.
This MOU delineates the responsibilities of the City and HACF with regard to the
development of a Program, including the community planning process resulting In
the development and documentation of a sharp pari housing plan.
II. RESPONSIBILMES
A. HACF shall be responsible to:
1. Direct the planning process and stakeholder input, and coordinate whn
community resources and data gathering efforts necessary to complete
strategic supported housing plans.
2. Conduct housing outreach and maintain housing resource information for use
by HACF subcontractors Clients and staff to assist in the identification and
utilization of appropriate housing resources in the community.
3. Provide confidential ongoing case management and supportive services to
Clients and require its respective subcontractchish to do me same.
4. Assist Clients to retain housing assistance.
5. Lease housing units and sublease to Clients in accordance with supportive
housing plans.
6 Provide housing and property management services for all housing units
developed under this MOU. Services may include, but not Ilmked to had
collection, conduct and maintain property, inventory, disburse payment and
reimbursements to subcontractors (ie., property ownarsllandlords and
service providers such as case managers and property managers).
Y. Coordinate with community resources for the purpose of collecting, storing,
and discussing basic furnishings and other essential household items.
8. Dispensing the funds for the reddens in accordance with the Program,
including for the purpose of securing housing. Incidentals, and insurance for
such activities.
9. Coordinate and facilitate collaborative meetings between HACF, HACF
subcontractors and City as needed.
10. Coordinate all referrals and Client Intake.
11. Compile reports as nestled.
12. Provide training to HACF staff and subcontractors as needed.
13. Process Client termina5on for noncompliance with Program guidelines,
including any non-compliance with Raroclpant-Service Provider Agreement'
developed! by the pares as part of such guiderines.
14. Maintain accurate documentation of supportive services and require its
subcontractors to do the same.
15. Cause its subcontractors to identify its contact person to both City and HACF_
2
16 No les; than weekly, complete and cause HAC subcontractors to complete
data entry in the `Homeless Management Information System program.
B. City shall be responsible to.
1. Upon request from HACF, provide all available necessary or relevant
information regarding the Claims to be served by the Program developed
under this MOU.
2. Make timely referrals of Clients to the Program who meet established
eligibility requirements under the Program.
C. City and HACF shall collaborate and be responsible to develop whiten Program
guidelines in accordance Mh the following:
1 Coordinate the appropriate level of use management or other types of
supportive services so that they are available on a timely basis to meet the
behavioral health needs for Clients of the Program developed under this
MOU.
2, Afford Clients Participation in the planning and decision-making process to
include, but not limited to, participation in meetings. forums, and any other
venue where decusions or recommendations are made regarding the
development of the Program or use of funs under this MOU.
3. Meet with representatives from HACF and he subcontractors hi HACFs
landlords of housing units, property managers and use managers), the City
and other invited participants to review work accomplished under the
Program, assess quality of working relationship between all parties and
determine status of woW product.
4. Prepare short term strategic supportive housing plans representative of
stakeholder and community partner input an subject to review and approval
by all appropriate persons.
5. WOW cooperatively to execute all necessary documents, including the MOU
and other agreements, to establish the role of HACF as the qualified property
manager, and to establish the role of the City as the funing agency for the
Program.
III. TERM
The term of this MOU shall commence on the EHeclive Date stated above and shall
comblue until September W, 2009, unless this MOU is terminated sooner or the tern
is etlended by mutual agreement of the parties.
IV. TERMINATION
A. Non -Allocation of Funds— Performance of this MOU is contingent upon approval
of funs by the appropriating governmental agencies. Should sufficient funds not
be allocated, the terms of this MOU may be modified in wdtirg, or this MOU may
be terminated by fifteen (15) days prior written notice given one party to the
other.
B. Breach of Contract — The City may immediately suspend or terminate this MOU
in whole or in pan, where in the determination of the City, there is:
1. An illegal or improper use M funds,
2. A failure to comply with anytemr ofthis MOU;
3. A substantially Incorrect or incomplete report submitted to the City; or
4. An ImPmperlY performed seMce.
C. Without Cause — This MOU may be terminated by either of the Parties upon the
giving of a thirty (30) day advance written notice of intention to terminate from
one party to the other. This notice shall be directed to the afteMion of the
following parties:
To the City
To HACF:
Bruce Rudd
Assistant City Manger
2600 Fresno Street
Fresno, CA 93721-3801
(559)621-8000
(559) 621-7776— Fax
Rebecca L. Coal Director, Housing Programs Department
Housing Authority Of the City of Fresno
1331 Fulton Mall
P.O. Box 11985
Fresno, CA 93776
(559)443-848B
D. In the event of this MOUS termination, the HACF shall promptly return all funds
with interest, not yet allocated or spent, to the CM. save and except amounts
Sufficient to pay for any rental payments on housing units leased by the HACF for
the Clients, or otherwise conbactually obligated in writing to be spent by HACF
for the Clients in accordance Mh Program guidelines.
V. COMPENSATIOWINVOICING
A. In consderation W the services to be provided pursuant to the terms and
conditions of this MOU. COY agrees to pay HACF and HACF agrees to receive OQ
compensation in the amount of Five Hundred Fifty Thousand and No/100 Dogel
($550p00Ao) to be paid in tiro installments. The first installment of $226:BBd"32S uric
will be paid within five (5) business days of the execution of this MOU by both
parties. Upon HACF demonstrating to C" satisfaction the eligible expenditure
of $200.000 of the flat installment, City will pay the second installment of
$225,000 within five (5) business days of receipt from HACF a satisfactory
wriden accounting of the expenditure of $200.000 of the first marshal
B. Any funds pad by City hereunder which remain unearned at the expiration or
eatlier termination of the I shall be, and remain in trust, the property of City
and shall be remitted to City within 10 days of expiration or either termination of
this MOU. Any interest thereon must be credited to or returned to City. Upon
any dissolution of HACF, all funds advanced pursuant to this MOU and not
expanded shall be returned, with interest, to City, nohvithstanding any bylaws or
ANclas of Incorporation of HACF to the contrary.
C. The funtls received hereunder by HACF shall not be used to supplant
expenditures controlled by HALF.
0. The funds received! hereunder by HACF shall not be used by -[ACF to enforce
the terms or conditions of any subcontract lease with third parties for temporary
housing or subleases with Claims, including, without limitation, the torril of
any unlawbl defamer action or for rent beyond the term of the respective lease or
sublease approved by the City. HACF shall, however, be responsible for
enforcing the terms and conditions of such subcontracts, leasee and subleases
at HACF's sole cost and expense.
E. The term of any subcontract, all or sublease with Client shall not exceed
September 30. 2009, 0 solely dependent upon funds received hereunder. City
shall not be responsible to HACF for any further compensation pursuant to this
MOU without a phor written amendment. No acceptance or approval of any
subcontract, lease or sublease by City hereunder shall constitute approval M any
additional compensation. In the event )-ACF Worms services without a prior
written amendment by the parties hereto, HACF will not be entitled to
compens lion for such services.
VI. RECORDS, AUDITS AND INSPECTIONS
A. Record Establishment and Maintenance — HACF shall establish and maintain
records in accordance with mase prescribed by City with respect to all matters
covered by this MOU.
B Documenration — HACF shall maintain information on units of service provided
and costs incurred corresponding to the expenditures.
C Records of HACF'S expenses pertaining to the Program shall be kept on a
generally recognized accounting basis and shall be available to City or its
authortzed representatives upon request during regular business hours
throughout the life of this MOU and for a period of three years alter final
payment or, it longer, for any period required by law. In octa , all books,
documents, papers, and records of HACF pertaining to the Program shall be
avalable for the purposeof making audits, examinations, excerpts, and
transcriptions for the same period of time. This paragraph shall survive
expiration or termination of this MOU.
VII. SUBCONTRACTS
A. HACF may propose contracts (subcontracts) with one or more third parties
(subcontractors) to corny out a portion of those services (including, without
limitation, leasing of housing units to HALF) ilceofer as it seams proper or
efficient provided however, that all such contracts shall bB in writing and
approved in writing by the Administrator Prior to exewtion and implementation.
B. HACF is responalbis to City for the proper performance of any subcontract. No
such subcontract shall relieve HACF ot its obligations under this MOU.
C. Any subcontract shell be subject to Me same terms and conditions as
otherwise expressly required to be contained in such subcontracts and also
those contained in Sections VI, VIII, IX, XII and MI of this MOU.
O. No officer or director ot HACF shalt have any drect or indired financial interest
in any subcontract made by HACF or in any loan, purchase of property, or any
Omer arrangement made by HACF, by whatever name known.
E. HACF shall cause any subcontract hereunder to contain (i) an Indemnity by the
subcontractor of Me City and each of its officers, officials, employees, agents
and volunteers, (ii) a Provision requiring that the subcontractor add City and
each ot its officers, OMpals, employees, agents and volunteers as an aCddlonal
Insured or co-insured, reaPOCively, to the suboontRClor's Insurance pelokers to
be maintained, (iii) a provision requiring that the subcontractor include City and
each Of Its officers, officals. employees, agents and volunteers on any waivers
W subrogation from Me subcontractor and its Insurance companies, and Irv) a
Provision causing City to bit a third parry bereHciary under the subconI so
that any rights or interests in the subcontract benefit and flow to Me interest of
the City.
VIII. COPYRIGHTSIPATENTS
A. If this MOU results in a book or other copynghtai material, the author may
seek any available copyright protection for the work unless a work for hire. City
reserves a royalty -free, nonexclusive, Irrevocable and assignable license to
reproduce, publish, or otherwise use, and to authorize others to use, all
copyrighted material and all material which can be copyrighted.
B. Any discovery or invention ameng out of or developed in the course of work
aided by this Ii shall promptly and fully be reported to City for
determination by City as to whether patent protection on such invention or
discovery, including rights mereto under any patent issued thereon (reservetl
henceforth onto City), shall be imposed and administered in order to protect
the public interest.
W. POLITICAL, RELIGIOUS AND LOBBYING ACTIVITY PROHIBITED
A. None of Me funds or services Provided directly or indirectly under Mis MOU shall
be used for any political activky, or to further Me election or defeat of any ballot
measure or candidate for public office.
8. None of the funds or services provided directly or indirectly under MIs MOU shall
be used for any relgious activity, including but not limited to religious worship,
instruction, or proselyldation, or to purchase religious materials.
C. HACF shall not require those individuals or entities receiving the funds or
services, in whole or in part, by this MOU to attend or take part In any religious
adivities. Furthermore, HACF shall take reasonable steps to insure that
functions or activlfies funded herein are separate in time or In location from
functions or adlvifes that are inherently religious, such as religious worsblp,
instruction, or proselytizabon.
D. None of the funds provided under this mou shall be used for publicity, lobbying or
propaganda purposes designed to support or defeat legldation parking before
any legislative body.
X. INDEMNIFICATION
A. HACF shall indemnify. hold harmless and defend City ark each of its officers,
officials, employees, agents and volunteers from any and all loss, liability, fines,
Penalties, forfeitures, costs antl damages (wirether in contract, ton or strip
liability. Including but not limited to personal injury, death at any time and
property damage) incurred by the City, HACF or any other person, and from any
and all claims, demands and actions in law or equity (including attorneys fess
and litigation expenses), arising directly or indirectly from the negligent or
intentional ads, omissions or willful miational of HACF or any of its officers,
officials. employees, agents or volunteers in the pertormance of this MOU.
8. City shall indemnity, hold harmless and defend HACF and each of its officers,
Officials, employees, agents and volunteers from any and all loss, liability, fines,
penalties, forfeitures, costs and damages (whether In contract. ton or atria
liability, including but not limited to personal injury. death at any time and
Property damage) incurred by City, HACF or any other person, and from any and
all palma, demands and actions in law or equity (including attorney's fees and
litigation expenses), arising tliredly or indirectly from the negligent or intentional
acts, omissions or willful misconduct of City or any d its officers, offdals.
employees, agents or volunteers in the performance of this MOD.
D. In the event of concurrent negligence on the pad of HACF or any of its officers,
officials, employees, agents or volunteers, ark City or any of its officers, officials,
employees. agents or volunteers, the liability for any and all such claims,
demands and actions in law or equity for such losses, fines, penalties, forfeitures,
costs and damages shall be apporhor e l under the State of Calffomia's theory of
comparative negligence as presently established or as may be modified
hereafter.
E. This section shall survive termination or expiration of his MOU.
XI. INSURANCE
It is understood and agreed that City and HALF maintain insurance policies or self-
insurance programs to fund their respective liabilities. The parties agree that such
respective programs or policy coverage for Workers' Compensation shall contain a
waiver of subrogation as to the other party and each of its officers, officials, agents,
employees and volunteers. Evidence of insurance, certificates of insurance or other
similar documentation shall not be required of either party under this MOU.
XII. NONDISCRIMINATION
To the extent required by controlling federal, state and local law, riACF shall not
employ discriminatory practices In the provision of services, employment of
personnel, or In any other respect on the basis of race, religious creed color,
national origin, ancestry, physical disability, mental disability, medical condition,
mental status, sex, age, sexual onentation, stretchy, status as a disabled veteran or
veteran of the Vietnam era. Subject to the foregoing and during the performance of
this MOU, HACF agrees as follows,
A. HACF will comply with all applicable laws and regulations providing that no
person shall, on the grounds of race, religious plead, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status,
sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of
the Vietnam era be excluded from participation in, be denied the benefits M, or
ba subject to discrimination under any program or activity made possible by or
resulting from this MOU.
B. HACF will net discriminate against any employee or applicant for employment
because of race, religious creed color, national origin, ancestry, physical
disability, mental disability, medical condition, mental status, sex, age, sexual
orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
HACF shall ensure that applicants are employed and the employees are treated
during employment, without regard to their race, religious creed, color, national
origin, ancestry, physical disability, mental disability, pa l condition, marital
status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or
veteran of me Metnam em. Such requmement shall apply to HACF's
employment practices including, but not be limited to, the following. employment
upgrading, demotion or transfer; recrurtment or recruitment advertising; Il or
termination; rates of pay or other forms of compensation', and selection for
training, including apprenticeship. HACF agrees to pest In conspicuous places,
available to employees and applicants for employment notices setting forth the
provision of this nondiscrimination clause.
C, HACF will, In all solicitations or advemeements for employees placed by or on
behalf of HACF In pursuit hereof, state that all qualified applicants will receive
consideration for employment without regard to race, religious creed, color,
national origin, ancestry, physical disability, mental dlsabllity, medical condition,
prelim status, sex, age, sexual Orientation, ethnicity, status as a disabled veteran
or veteran of the Vietnam era.
D. HACF will send to each labor union or representative of workers with which it has
a collective bargaining agreement or other contract or understanding, a notice
advising such labor union or workers' representatives of HACF'% commitment
under this section and shall past copies of the notice in conspicuous places
available to employees and applicants for employment.
XIII. INDEPENDENT CONTRACTOR
A. In he furnishing of the services provided for herein, HACF Is acting solely as an
independent contractor. Neither HALF, nor any of its ofgcers, agents or
employees shall be deemed an officer, agent, employee, lent venturer, partner
or associate of City for any purpose. City shall have no right to control or
supervise or direct the manner or method by which HACF shall perform its work
and functions. However, City shall retain the rgM to administer this YOU so as to
verify that HACF Is performing its obligations in accordance with the terms and
conditions thereof.
B. This MOU does not evidence a partnership or joint venture between HALF and
City. HACF shall have no authority to bind Cry ahsent City's express written
consent. Except to the extent otherwise provided in this YOU, HACF shall bear
its Own costs and expenses in pursue thereof.
C. Because of its status as an independent contraCor, HACF and its officers,
agents and employees shall have absolutely no night to employment rights and
Will available to City employees. HACF shall be solely liable and
responsible for all payroll and tax withhoWlng and for providing to, or on behalf of,
its employees all employee benefits including, without gmilabon, health, wall
and retirement benefits. In addeion, together with its other obligations under this
MOU, HACF shall be solely responsible, indemnify, defend and save City
harmless from all matters relating to employmeM and tax withholding for and
payment of HACF'S employees, including, vAhaut limitation, (i) compliance with
Social Security and unemployment insurance withholding, payment of workers
compensation benefits, and all other laws and regulations goveming matters of
employee withholding, taxes and payment; and (ii) any claim of right or interest In
City employment benefits, entitlements, programs andlor funds offered
employees Of CRY whether arising by reason of any common law, de face
Issued , or co -employee rights or other theory. It is acknowledged that during the
term of this MOU, HALF may be providing services to others unrelated to CRY or
to thus YOU
XIV. ASSIGNMENT
A. This MOU is personal to HACF and there shall be no assignment by HACF of as
rights or obligations under this MOD without the prior written approval of the
Administrator. Any attempted assignment by HALF, its successors or Sangre,
shall be null and void unless approved in writing by the Administrator,
B. HALF hereby agrees not to assign the payment of any monies due HACF from
City under the terms of this MOU to any other Indlvltlual(a), corporaban(s) or
enthy(ies). City retains the right to pay any and all monies due HACF directly to
HACF.
W. WAIVER
The waiver by either party of a breach by the Other of any provision of this MOU shall
not constitute a continuing waiver or a waiver of any subsequent breach of either the
same or a different provision of this MOU. No previsions of this MOU may be waived
unless in writing and signed by all parties to this MOU. Waiver of any one provision
herein shall not be deemed to be a waiver of any other provision harem.
XVI. HEADINGS
The section headings in this MOU are for convenience and reference only and shall
not to construed or held in any way to explain, modiy or add to the interpretation or
meaning of the provisions of this MOU.
XVII. SEVERABILITY
The provisions of this MOU are severable. The invalid". or unenforceability of any
one provision in this MOU shall not aRad the other provisions.
XVIII. INTERPRETATION
The parties acknowledge that this MOU in for; final form is the result M the combined
effects of the parties and that, should any provision of this MOU be found to be
ambiguous in any way, such ambiguity shall not to resolved by construing this MOU
in favor of or against either party, but rather by construing the terms In accordance
with their generally accepted meaning.
XIX. ATTORNEY'S FEES
If either party is required to commence any proceeding or legal action to enforce or
interpret any term, covenant or condition of this MOU, the prevailing party in such
Proceeding or action shall be entitled to recover from the other path its reasonable
attorney's fees and legal expenses.
XX. NO THIRD PARTY BENEFICIARIES
The rights, interests, duties and obligations defned within this I are Intended for
the specific parties hereto as identified in the preamble of this MOU.
Notwithstanding anything Stated to the contrary in this MOU, it is not intended that
any rights or interests in this MOU benefit or flaw to the interest of any third parties.
XXI. COMPLIANCE WITH UW; CONFIDENTIALITY
In providing the services required under this MOU, HACF shall at all times comply
with all applicable laws of the United States, the State of California and City, and with
all applicable regulations promulgated by federal. state, regional, or local
administrative and regulatory agencies, now in force and as they may W enacted,
issued or amended during the term of this MOU.
10
All services performed by HACF under this MOU shall ba in sail conformance with
all applicable Federal, State of California andlor local laws and regulations relating to
confidentiality.
nil. GOVERNING LAW AND VENUE
This MOU shall be governed by, and construed and enforced in acwrdanre mirr the
laws of the State Of California, excluding, however, any conflict Of laws rule which
would apply the law of another Priediction. Venue for purposes of the filing of any
action regarding the enforcement or interpretation of this MOU and any rights and
duties hereunder shall be Fresno County, Caloomia.
XXIM ENTIRE AGREEMENT
This MOU wnstitutes the embre MOU between HACF and Me City with respect to
the subject matter hereof and supersedes all previous agreement negotial
Proposals , commitments, wzltmill advertisements, publications, and understandings
M any nature whatsoever unless expressly Included in this MOLL No modifications
,
amendments, or changes shall be made to this MOU unless it is refused it a writing
and executed by both parties hereto.
IN MNESS WHEREOF, the parties hereto hard executed this MOU as of me day and
yearfimt hereinabove meten.
City of Fresno
By
Rt Cory Manager
ATTEST.
Rebecca E. Kfac r
City Clerk
By.
putt' Oale T7Z3fd9
APPROVED AS TO FORM.
James C. Sanchez
City Atlgrpey
By
tNcyCAl
Deputy
Housing A f 7017resno
By.restPo
Executive Director