STRATEGIC PRIORITY: Human and Social Needs
AGENDA DATE: December 8, 2021
COUNCIL DISTRICT(S): All
DEPARTMENT: Office of Equity and Inclusion
EXECUTIVE: M. Elizabeth Cedillo-Pereira
______________________________________________________________________
SUBJECT
Title
Authorize (1) Supplemental Agreement No. 1 to the subrecipient agreement with Legal Aid of NorthWest Texas to provide legal services to Dallas residential tenants at risk of eviction and homelessness due to financial hardships brought on by the COVID-19 pandemic; and (2) to extend the term of the contract for an additional six months from the existing service contract period of December 31, 2020 through December 31, 2021, now to June 30, 2022 - Not to exceed $250,000.00, from $200,000.00 to $450,000.00 - Financing: 2020 CARES Act Relief CDBG #3 Fund
Body
BACKGROUND
The subrecipient agreement provided for eviction legal services for the Dallas Eviction Assistance Initiative. The Evictions Assistance Initiative was created to continue mitigation of evictions efforts in Dallas. The initiative establishes an evictions program where direct legal services will be provided to Dallas residents who are Low Income as defined by the U.S. Department of Housing and Urban Development, specifically those at or below 200 percent of the Federal Poverty Guidelines, and residents negatively impacted by the COVID-19 pandemic. The goal of the initiative is to mitigate Dallas residents finding themselves facing eviction and possible homelessness without the resources to retain legal representation.
Due to COVID-19 financial hardships, residential tenants have faced the threat of eviction and homelessness. Evictions data from the Child Poverty Action Lab (northtexasevictions.org) shows varying fluctuations pre-pandemic and during the pandemic. It has been found that evictions increased during periods where moratoriums expired. This includes an increase after the Dallas County eviction moratorium that expired May 18, 2020, the Texas Supreme Court eviction moratorium that expired April 19, 2020, and the CARES Act eviction moratorium that expired July 25, 2020. Additionally, on August 26, 2021 the United States Supreme Court ruled the CDC Eviction Moratorium was unconstitutional.
It can reasonably be deduced from interactions with residents, the court administrators, and the County that City residents continue to experience an increase in evictions due to COVD-19 financial hardships. Those particularly at high risk include low-income communities, the disabled, impoverished women, persons of color, domestic violence victims, and families with children.
The COVID-19 Pandemic has affected the entire country and to alleviate some hardships the CARES Act (Act) implemented an eviction moratorium last year. The eviction protections apply to “covered dwellings,” which are rental units in properties that participate in federal assistance programs, are subject to a “federally backed mortgage loan,” or are subject to a “federally backed multifamily mortgage loan”. The Act prohibited landlords of these specified rental “covered dwellings” from initiating eviction proceedings or charging fees, penalties, or other charges against a tenant for the nonpayment of rent. These protections extended for 120 days from enactment on March 27, 2020 and expired on July 24, 2020.
On September 4th, 2020, the Centers for Disease Control issued a temporary eviction moratorium order through December 31, 2020. The moratorium covers all tenants who meet the order requirements and present a signed declaration to their landlord. These protections were originally extended by the Consolidated Appropriations Act until January 31, 2021. The CDC later extended the original eviction moratorium order to July 31, 2021. On August 3, 2021, the CDC issues a new eviction moratorium order to expire on October 31, 2021. On August 26, 2021, United States Supreme Court issued an order vacating the latest CDC eviction moratorium.
The recommended firm approved by Council on January 13, 2021, Legal Aid of NorthWest Texas, is a non-profit organization that provides civil legal services to low-income residents. They disclosed and agreed to obtain a conflict waiver from their clients who are adverse to the City. The firm also implemented an ethical wall between staff members who are representing clients adverse to the City and those who are working on the eviction program. They agree not to use City issued funds toward the adverse litigation or clients. The firm collaborates with several partners including CitySquare, whose subsidiary is a plaintiff in litigation against the City.
As the impacts of the COVID-19 Pandemic continues to impact tenants facing evictions eviction filings continue to increase and legal services are an increasing need. The proposed extension allows for continued eviction assistance and prevents a gap in services in 2022.
If approved, this action will authorize Supplemental Agreement No. 1 to the subrecipient agreement with Legal Aid of NorthWest Texas to provide legal services to Dallas residential tenants at risk of eviction and homelessness due to financial hardships brought on by the COVID-19 pandemic; to extend the term of the contract for an additional six months from the existing service contract from December 31, 2020 through December 31, 2021, now to June 30,2022, subject to HUD requirements.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On January 13, 2021, City Council authorized a subrecipient agreement with Legal Aid of NorthWest Texas, most advantageous proposer of two, to provide legal services to Dallas residential tenants at risk of eviction and homelessness due to financial hardships brought on by the COVID-19 pandemic for the period December 31, 2020 through December 31, 2021 by Resolution No. 21-0167.
FISCAL INFORMATION
|
Fund |
FY 21/22 |
FY 2023 |
Future Years |
|
CDBG Funds |
$250,000.00 |
$0.00 |
$0.00 |
M/WBE INFORMATION
In accordance with the City’s Business Inclusion and Development Policy adopted on September 23, 2020, by Resolution No. 20-1430, as amended, the M/WBE participation on this contract is as follows:
|
Contract Amount |
Procurement Category |
M/WBE Goal |
M/WBE % |
M/WBE $ |
|
$250,000.00 |
Professional Services |
N/A |
N/A |
N/A |
|
• The Business Inclusion and Development Policy does not apply to contracts. |
|
• Legal Aid of NorthWest Texas - Non-local; Workforce - 0.00% Local |
PROCUREMENT INFORMATION
Method of Evaluation for Award Type
|
Request for |
• Utilized for professional, personal, revenue, and planning services |
|
Proposal |
• Recommended offeror is the responsible offeror whose proposal most closely meets established criteria for the services advertised, based on demonstrated competence and qualifications at a fair and reasonable price |
|
|
• Always involves the evaluation by committee |
|
|
• Allows for negotiation on contract terms, including price |
The Office of Procurement Services received the following proposals from solicitation number BR21-00015316. We opened them on December 28, 2020. We recommend the City Council award this service contract in its entirety to the most advantageous proposer.
*Denotes successful proposer
Proposers Address Score Amount
*Legal Aid of 600 E. Weatherford St. 79.33 $200,000.00
NorthWest Texas Ft. Worth, TX 76102
O’NEAL LAW 3824 Cedar Springs Rd. 39.67 $ 0.00
GROUP, PC #554
Dallas, TX 75219
OWNER
Legal Aid of NorthWest Texas
Pamela St. John, President (Chair)
Kristin Postell, Vice President (Vice-Chair)