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HomeMy WebLinkAboutMO #2183MUNICIPAL ORDER NO. 2183 A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A HOUSING CHOICE VOUCHER PROGRAM MANAGEMENT AGREEMENT WITH HOUSING AUTHORITY OF PADUCAH FOR MANAGEMENT OF THE HOUSING CHOICE VOUCHER PROGRAM, ALSO KNOWN AS SECTION 8 PROGRAM WHEREAS, the Housing Choice Voucher program provides a critical service to Paducah residents; and WHEREAS, in order to achieve a high level of service and increase efficiency, the City desires to enter into an agreement with the Housing Authority of Paducah to administer the Housing Choice Voucher Program. KENTUCKY: NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. That the City of Paducah hereby authorizes the Mayor to execute a Housing Choice Voucher Program Management Agreement with the Housing Authority of Paducah for the administration of the Housing Choice Voucher program, also known as the Section 8 Program, in substantially the same form as attached hereto Exhibit A and made part hereof. SECTION 3. This Order will be in full force and effect from and after the date of its adoption. Brandi Harless, Mayor ATTEST: Lindsay Parish, Cityglerk Adopted by the Board of Commissioners, November 13, 2018 Recorded by Lindsay Parish, City Clerk, November 13, 2018 MO\Housing Authority Section 8 Agreement Exhibit A HOUSING CHOICE VOUCHER PROGRAM MANAGEMENT AGREEMENT This Housing Choice Voucher Program Management Agreement (hereinafter the "Agreement") is made and entered into this the day of November, 2018 by and between the CITY OF PADUCAH, P.O. Box 2267, Paducah, Kentucky 42002-2267, a municipal corporation, (hereinafter "City") and HOUSING AUTHORITY OF PADUCAH, of 2330 Ohio Street, Paducah, Kentucky 42003, (hereinafter "HAP"). WITNESSETH: WHEREAS, HAP agrees to manage the Housing Choice Voucher Program (hereinafter "HCV"), also known as the Section 8 Program, for City in accordance with 24 CFR Part 982; WHEREAS, the parties have come to an agreement as to the terms and conditions of such management and do now desire to fonnalize such agreement; and NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants as herein set forth, and other good and valuable consideration, the sufficiency, adequacy, and receipt of which is acknowledged by each parry, the parties do covenant and agree as follows: 1. EFFECTIVE DATE. The effective date for this Agreement shall be December 1, 2018. 2. TERM. The initial term of this agreement shall be for a term beginning on the effective date stated above and ending twenty-four (24) months following said date on November 30, 2020 (the "Initial Term"), unless sooner terminated as provided in Section 3. Thereafter, this Agreement shall be automatically renewed for an additional twelve (12) months always ending on November 30th, unless sooner terminated as provided in Section 3. 3. TERMINATION OF AGREEMENT. Either party may terminate this agreement upon delivery of written notice to the other no less than one hundred twenty (120) days prior the end of the applicable tern. 4. MANAGEMENT SERVICES. HAP shall provide management, training, oversight, and quality control that results in the fulfillment of all obligations and requirements of the HCV program in accordance with 24 CFR Part 982, as amended. HAP shall ensure that all required documentation and reporting to the U.S. Housing and Urban Development (HUD) are completed accurately and in a timely manner, including the Annual Administrative Plan and the 5 -Year Administrative Plan as required by HUD. HAP shall continue participation in the HUD-VASH program, and continue participation in a program partnership to address the needs of recent domestic violence victims. 5. EMPLOYEES. HAP may provide the following positions to administer the HCV Program: a. Executive Director b. Finance Director c. Inspector d. Occupancy Specialist or Housing Specialist e. Housing Coordinator. The Housing Coordinator is currently an employee of the City; The Housing Coordinator will continue to be an employee of the City during the Initial Term of the Agreement, subject to the City's personnel policies. Following the initial term, the Coordinator will then become a HAP employee, subject to HAP personnel policies. If, during the initial term, a new Housing Coordinator is hired, the Coordinator will become an employee of HAP, hired by HAP and subject to HAP personnel policies. 6. CONSULTANTS. HAP and City will equally split the costs of any consultants which are necessary for the management of the HCV Program. HAP and City will mutually agree on the retention and/or hiring of all consultants and any costs related thereto. 7. INSPECTIONS. HAP will coordinate and compensate for any and all necessary inspections of HCV properties. 8. OFFICE SPACE. HAP will provide the necessary office space to manage the HCV program with any expenses relating thereto to be reimbursed through payments from the Administrative Fund. This includes two offices, a conference room, waiting room or area, an outside entrance to the office space, and room or area, if required, dedicated to document retention in compliance with the Health Insurance Portability and Accountability Act (HIPAA). 9. SOFTWARE. HAP will continue to use the Lindsey Software currently in place at City for the HCV program during the Initial Term. City shall be responsible for any cost of the initial set-up and conversion of the Lindsey Software in order for HAP to operate the Lindsey Software beginning with the Initial Term. Following the Initial Term, HAP will make a determination as to whether they wish to continue using the Lindsey Software or change to a different software provider. Should HAP continue use of Lindsey Software, HAP shall assume all support costs for the Lindsey software and the online backup software that is on the server, through payments from the Administrative Fund. Any required repair or replacement of same will be charged against the Administrative Fund, and HAP may use its own vendors and procurement policies. The parties will discuss beforehand and mutually agree on the responsibility, if any, for costs of terminating the use of Lindsey Software. 10. COMPUTER HARDWARE. City shall provide HAP four (4) personal computers, one (1) printer and one (1) server with Lindsey software purchased using HUD funds and currently used in the offices that administer the HCV program, free of any charge or compensation. Any required repair or replacement of same will be charged against the Administrative Fund and HAP may use its own vendors and procurement policies. The City shall provide a local administrative password. 11. EQUIPMENT AND FURNITURE. City shall provide HAP access to all telephone numbers, telephone equipment, office equipment, and furniture, which is in City's possession and currently used in the offices which administer the HCV Program, free of any charge or compensation. If the city is unable to give HAP possession of telephone numbers, the City will make phone numbers available through rollover or transfer calls. 12. WEBSITE. City shall provide HAP with initial access to the content of City's website relating to the HCV Program so that HAP may copy and move the information to its website, free of any charge or compensation. City shall also provide a link to same on its website on a permanent basis. City shall maintain the HCV Program website until the HAP website is operational. Once the HAP site is operational, the City shall direct Section 8 Housing Choice Voucher traffic to the HAP site. 13. VEHICLES. Title to one (1) vehicle used in connection with the HCV Program shall remain with the City. Insurance for this vehicle shall remain with the City. HAP shall have full use of this vehicle. The City shall name HAP as an additional insured party for this vehicle. HAP shall be responsible for maintenance and upkeep of this vehicle. If any additional vehicle(s) are needed, HAP will provide, own, insure, and maintain the additional vehicle(s). 14. COMPENSATION AND ADMINISTRATIVE FUND OVERAGES. All compensation and fees within this Agreement, except for those specifically designated otherwise, are contemplated to be paid for through the HCV Administrative Fund or HUD reserve fund. Any expenses in excess of the Administrative Fund balance shall be mutually agreed upon by City and HAP prior to the expenditures being incurred. Any agreed-upon expenditure incurred in excess of the Administrative Fund shall be paid from the HUD reserve fund, and if the HUD reserve fund is exhausted, shall be covered by the City. 15. EXPENSES. HAP shall be responsible for the costs of utilities, maintenance, recordkeeping, and all other similar business expenses associated with the HCV Program. 16. BANK ACCOUNT. City shall provide HAP access to all HPV Program bank accounts, including the ability to write checks on said accounts. Any checks relating to the HCV Program shall be written and issued by HAP. 17. RECORDKEEPING. HAP shall provide a location at which to store all physical files related to the HCV Program. City shall have all files in their possession transferred to the HAP property and placed in the area designated by HAP at City's expense. HAP shall maintain all records in accordance with HUD and HIPAA regulations, as applicable. 18. HUD APPROVAL. HAP and City will cooperatively and jointly coordinate with HUD regarding this Agreement. Additionally, HAP and City will work together to receive any necessary approvals regarding this relationship moving forward, including any possible mergers or transfers in the future. 19. COMPLIANCE WITH APPLICABLE LAW. City hereby represents and warrants that as of the effective date of this Agreement, the HCV Program is in compliance with all applicable laws and regulations. HCV represents and warrants that it will ensure that the HCV Program will be in compliance with all applicable laws and regulations after the effective date of this Agreement. 20. INDEMNIFICATION. City shall indemnify, defend, and hold harmless HAP for violations of any applicable laws and regulations which occurred prior to the commencement of this Agreement. HAP shall indemnify, defend, and hold harmless City for violations of any applicable laws and regulations which occurred following the effective date of this Agreement. 21. NOTICE. Any notice required or permitted to be given hereunder shall be deemed sufficiently mailed by registered or certified mail as follows: To City: City of Paducah Attn: City Manager P.O. Box 2267 Paducah, Kentucky 42002-2267 To Housing Authority: Housing Authority of Paducah Attn: Executive Director 2330 Ohio Street Paducah, Kentucky 42003 22. APPROVALS. Approval of this agreement shall be made by the Board of Commissioners of the City of Paducah, Kentucky, and the Board of Commissioners, on behalf of HAP. 23. GENERAL PROVISIONS. a. Assignment. Neither party may assign any rights nor delegate any duties under this Agreement without the other party's prior written consent. This Agreement will bind and inure to the benefit of the parties and their respective successors and permitted assigns. b. Choice of Law: Forum. This Agreement will be governed by, and construed and interpreted according to the substantive laws of the Commonwealth of Kentucky, without giving effect to its choice of law provisions. The parties hereby consent to the exclusive jurisdiction of the state courts sitting in McCracken County, Kentucky and/or the federal court for the Western District of Kentucky, Paducah Division with respect to all matters arising out of or related to this Agreement. C. Amendment. This Agreement may be amended, modified or supplemented only by a writing that refers explicitly to this Agreement and that is signed by authorized representatives on behalf of both parties. d. Waiver. No waiver will be implied from conduct or failure to timely enforce any rights. No waiver will be effective unless in writing and signed on behalf of the party against which the waiver is asserted. e. Severability. If any part of this Agreement is found invalid or unenforceable, then that part will be enforced to the maximum extent permitted by law, and the remainder of this Agreement will remain fully in force. f Entire Agreement; Purpose and Effect of Agreement. This Agreement (including any exhibits, schedules, or attachments) constitutes the final and entire agreement between the parties relating to its subject matter and supersedes any and all prior or contemporaneous letters, memoranda, representations, discussions, negotiations, understandings and agreements, whether written or oral, with respect to such subject matter, all of the same being merged herein. g. Headings. The Article and Section headings contained herein are for reference only and shall not be construed as substantive parts of this Agreement. h. No Third Party Beneficiaries. There are no third party beneficiaries of this Agreement, and no person other than City and HAP shall have any legally enforceable rights hereunder. IN WITNESS WHEREOF, City of Paducah and Housing Authority of Paducah have hereunto subscribed their names to this Housing Choice Voucher Program Management Agreement, the date first written above. CITY OF PADUCAH Brandi Harless, Mayor HOUSING AUTHORITY OF PADUCAH John Shadle, Chair of Board of Commissioners STATE OF KENTUCKY) COUNTY OF McCRACKEN ) The foregoing was acknowledged, subscribed, and sworn to before me this day of 2018 by Brandi Harless, Mayor, on behalf of the City of Paducah. My commission Notary Public, State at Large STATE OF KENTUCKY) COUNTY OF McCRACKEN ) The foregoing was acknowledged, subscribed, and sworn to before me this day of , 2018 by John Shadle, Chair of the Board of Commissioners on behalf of the Housing Authority of Paducah. My commission expires: Notary Public, State at Large FILE: R:\Planning\80 Section 8 Housing\Govemance\Local Agreement Paducah Housing\HCV 103118 Agreement Flnal.docx