Loading...
HomeMy WebLinkAboutContract 47262 la r. Housing Opportunities for Persons With AIDS (CFDA #14.241) Grant Number: TXH15F002 Grantee Name: City of Fort Worth Grantee's Unique Entity Identifier: 073170458 Official Contact Person: Allison Gray Telephone Number817-392-7540 FAX Number:817-392-2431 Email Address: allison.gray @fortworthtexas.gov Tax ID Number756000528 Unit of Government ID Number: 481896 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2015 This Performance Grant Agreement ("Agreement") is made and entered into by and between the U. S. Department of Housing and Urban Development ("HUD") and City of Fort Worth, pursuant to the AIDS Housing Opportunity Act ("Act"), codified at 42 U.S.C. §§ 12901- 12912, and regulations for the Housing Opportunities for Persons With AIDS ("HOPWA") program at 24 C.F.R. part 574 ("Regulations"). In reliance upon and in consideration of the mutual representations and obligations hereunder, HUD and the Grantee agree as follows: ARTICLE I. Grant Amount. The Grantee has applied for, and HUD has approved, a HOPWA formula grant consistent with the Act and Regulations. Subject to the terms and conditions of this Agreement, HUD agrees to provide a HOPWA formula grant ("Grant") to the Grantee in the amount of$1,002,154 ("Grant Funds"). ARTICLE II. Eligible Use of Grant Funds. Grant Funds shall only be used to carry out eligible activities set forth in the Act and Regulations, and as provided in the Grantee's Consolidated Plan/Action Plan prepared and submitted in accordance with 24 C.F.R. part 91 (hereinafter, "Approved Application"), as applicable to the HOPWA program. ARTICLE III. Compliance with Program Requirements. The Grantee shall comply with all applicable program requirements, as they may be amended from time to time. Such program requirements include the Act, Regulations,program directives, HUD Handbooks and Notices, Executive Orders and any other applicable Federal requirements. Other applicable Federal requirements include, but are not limited to, 2 C.F.R. part 200 ("Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards"); a. . Section 3 of the Housing and Urban Development Act of 1968 and 24 C.F.R. part 135 ("Economic Opportunities for Low- and Very Low-Income Persons"); 31 U.S.C. 1352 and 24 C.F.R. part 87 ("New Restrictions on Lobbying"); and the Federal Funding Accountability and Transparency Act of 2006 (Transparency Act),Pub. L. 109-282, as amended by Section 6202 of Pub. L. 110-252, and Appendix A to 2 C.F.R. part 170 ("Reporting Subaward and Executive Compensation Information"). ARTICLE IV. Incorporation of Approved Application. The Grantee's Approved Application and any certifications, assurances, information and documentation required to meet award conditions are hereby incorporated into this Agreement. ARTICLE V. Subawards. The Grantee shall comply with 2 C.F.R. 200.331, when making a subaward, which includes an award of Grant Funds to an eligible nonprofit organization or housing agency of a State or unit of general local government ("Project Sponsor"). The Grantee shall provide a Project Sponsor with information on all requirements to which the Project Sponsor is subject so that the subaward is used in accordance with the Act, Regulations, other program requirements, the Approved Application, and terms and conditions of this Agreement. ARTICLE VI. Financial Management, Release,Expenditure of Grant Funds, and Drawdowns. A. The Grantee shall comply with the environmental procedures and standards at 24 C.F.R. 574.510. B. The Grantee shall draw down Grant Funds not less than quarterly. The Grantee shall make timely payments to each Project Sponsor upon request, provided the requesting Project Sponsor is in compliance with program requirements. A request by the Grantee to draw down Grant Funds under any payment system constitutes a representation by the Grantee that it and all participating parties are in compliance with the terms and conditions of this Agreement. C. The Grantee shall comply with HUD instructions regarding use of and reporting in the Integrated Disbursement and Information System (IDIS) or its successor. ARTICLE VII. Allowability of Pre-award Costs. Pre-award costs may not be incurred except in accordance with 2 C.F.R. 200.458, including the requirement that the Grantee obtain HUD's written approval. ARTICLE VIII. Amendments. A. This constitutes the entire agreement between HUD and the Grantee. This Agreement may not be amended except in a writing executed by authorized officials of HUD and the Grantee. When requesting an amendment to this Agreement, the Grantee shall submit a letter of request to the HUD Field Office at the address set forth in this Agreement and attach the proposed amendment(s) to the applicable page(s) of this Agreement. The effective date of any amendment to this Agreement shall be the date that HUD approves the amendment. B. Amendments to the Grantee's Consolidated Plan shall comply with 24 C.F.R. 91.505. ARTICLE IX. Performance. The Grantee shall: A. Carry out eligible activities under the Grant and use Grant Funds in accordance with the Act, Regulations, other program requirements, the Approved Application, and the terms and conditions of this Agreement; B. Within twelve months of the execution of this Agreement, the Grantee agrees, and will ensure that any Project Sponsor agrees, to obtain a certificate of completion of the Getting to Work Training Curriculum by at least one of its employees. The online training can be accessed at: https://www.hudexchange.info/training-events/dol-hud- gettin Q-to-work-curriculum-for-hiv-aids-providers. C. Obtain a certification of approval consistent with 24 C.F.R. 574.420(b) from all affected units of government in which Grantee plans to locate a project site, such as a community residence, supportive housing facility, or main sponsor office to be used for managing and dispensing housing assistance under any award of HOPWA funds to a new Project Sponsor. The certification is mandatory and must be approved before the contract with the Project Sponsor is executed; D. Conduct an ongoing assessment of the housing assistance and supportive services required by participants as identified in Individual Housing and Service Plans, including an annual assessment of their housing situation, a reevaluation of the appropriateness of rental subsidies or other support, and a report on annual results of program activities under the HOPWA client outcome goals for achieving stable housing, reducing risks of homelessness and improving access to healthcare and other support; E. Assure the adequate provision of supportive services to program participants, provided, however, that Grant Funds shall not be utilized for healthcare and related drug assistance when other amounts are available or designated by State or local governments; F. Record a Declaration of Restrictive Covenant in accordance with state and local law with respect to any building or structure assisted with Grant Funds that incorporates the relevant minimum use period in 24 C.F.R. 574.310(c) and obligates the Recipient, its successors and assigns to operate and maintain the building or structure assisted with funds under the Act in accordance with the Agreement, the Act, and HUD regulations; G. Comply with 2 C.F.R. 200.311 and any disposition instructions that HUD may provide to the Grantee; H. Comply with requirements established by the Office of Management and Budget (OMB) concerning the Unique Entity Identifier(Dun and Bradstreet DUNS Number) and the System for Award Management (SAM) database, including Appendix A to 2 C.F.R. Part 25; I. Commit program income to the Grant in accordance with the addition method as provided in 2 C.F.R. 200.307(e)(2); and J. Comply with such other terms and conditions as HUD may establish for purposes of carrying out the program in an effective and efficient manner. ARTICLE X.Indirect Cost Rate If Grant Funds will be used for payment of indirect costs pursuant to 2 C.F.R. 200, Subpart E - Cost Principles, attach a schedule in the format set forth below to the executed Grant Agreement that is returned to HUD. The schedule shall identify each department/agency that will carry out activities with the Grant Funds, the indirect cost rate applicable to each department/agency (including if the de minimis rate is charged per 2 C.F.R. §200.414), and the direct cost base to which the rate will be applied. Do not include indirect cost rates for Project Sponsors. Administering Direct Department/Agency Indirect cost rate Cost Base % % ARTICLE XI. Records The Grantee shall maintain all programmatic records, including, but not limited to, the Approved Application, amendments to the Approved Application, voucher requests, deposit and expenditure receipts, participant and activity eligibility records, certifications from affected units of government, and any other documents required under this award, in its files for a period of not less than four years in accordance with 24 C.F.R. 574.530. The Grantee shall retain records for a longer period of time when any of the exceptions in 2 C.F.R. 200.333 apply. In the case of participant eligibility records, the Grantee shall update records no less than annually. Upon reasonable notice, the Grantee shall make records available for audit or inspection by authorized representatives of HUD. ARTICLE XII. Reporting. A. The Grantee shall submit a Consolidated Annual Performance and Evaluation Report ("CAPER") in accordance with 24 C.F.R. part 91, within 90 days after the close of each program year. B. Grantees that are specifically targeting the homeless population must use the Homeless Management Information System (HMIS) to undertake and track services of their homeless clientele. However, all Grantees regardless of target population are strongly encouraged to participate in the local HMIS ARTICLE XIII. Research and Development. This Grant is not for research and development (R&D), as defined at 2 C.F.R. 200.87. ARTICLE XIV. Contact Information. A. HUD notifications to the Grantee under this Agreement shall be sent to the address set forth in the Approved Application, unless the Grantee otherwise notifies HUD in writing. B. Grantee notifications, including notices of amendments to the Grantee's Consolidated Plan and requests for amendments to this Agreement, shall be addressed to the appropriate HUD field office: U. S. Department of Housing and Urban Development Fort Worth Regional Office,Region VI— CPD —6ADM 801 Cherry Street, Unit#45, Ste 2500 Fort Worth, TX 76102 ARTICLE XV. Default. A default shall occur when the Grantee fails to comply with the Act, Regulations, any other program requirement as provided in Article III, or any other terms and conditions of this Agreement. In the event of a default, HUD may take one or more of the actions provided in 2 C.F.R. 200.338 after providing the Grantee with an opportunity for informal consultation in accordance with 24 C.F.R. 574.500(c). Nothing in this Article shall limit any remedies otherwise available to HUD in the case of a default by the Grantee. No delay or omissions by HUD in exercising any right or remedy available to it under this Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Grantee default. ARTICLE XVI. Termination. The Grant may be terminated in accordance with 2 C.F.R. 200.339, including for convenience when HUD and the Grantee agree that continuation of the award would not produce beneficial results. ARTICLE XVII.Award Date and Period of Performance. parties and ends three years thereafter. IN WITNESS WHEREOF, the undersigned, as authorized officials on behalf of HUD and the Grantee, have executed this Agreement, which shall be effective as of the date of execution hereof on behalf the Secretary: On behalf of the Secretary of Housing and Urban Development . Name: Shirley J. Henley Signature: Date: NOV 26i1 Title: Director of Community Planninr&Development On behalf of the City of Fort Worth: ZY Name: Day A eke, Signature: �/Z , . , Date: �z ''L Title: C f+ c y1r —S Atte ser, City Secs Contract Authoniz ti® IR ) m� Date x Funding Approval/Agreement U.S. Department of Housing and Urban Emergency Solutions Grants Program Development Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act, Office of Community Planning and Development 42 U.S.C. 11371 et seq. CFDA Number 14.231 1. Recipient Name and Address 2. Unique Federal Award Identification Number: City of Fort Worth E15-MC-48-0010 1000 Throckmorton 3.Tax Identification Number: 756000528 Fort Worth, TX 76102 4. Unique Entity Identifier(DUNS):073170458 5. Fiscal Year(yyyy): 2015 6. Previous Obligation(Enter"0"for initial Fiscal Year allocation) $ 7.Amount of Funds Obligated or Deobligated by This Action(+or $552,108 8.Total Amount of Federal Funds Obligated $552,108 9.Total Required Match:$552,108 10.Start Date of Recipient's 11. Date HUD Received Recipient's 12. Date On Which Recipient May Begin Program Year(mm/dd/yyyy) Consolidated Plan Submission Incurring Costs(the later of the dates (mm/dd/yyyy) listed in 10 and 11)(mm/dd/yyyy) 10-01-2015 08-13-2015 10-01-2015 13.Type of Agreement(check applicable box) 14.Special Conditions ® Initial Agreement(Purpose#1 —Initial Fiscal Year allocation) ❑ Not applicable ®Attached ❑ Amendment(Purpose#2—Deobligation of funds) 15. Period of Performance End Date(mm/dd/yyyy) ❑ Amendment(Purpose#3—Obligation of additional funds) General Terms and Conditions: This Agreement between the U.S. Department of Housing and Urban Development (HUD) and the Recipient is made pursuant to the authority of Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.). The Recipient's Consolidated Plan submissions (including the Recipient's approved annual Action Plan and any amendments completed in accordance with 24 CFR Part 91), the Emergency Solutions Grants Program regulations at 24 CFR Part 576 (as now in effect and as may be amended from time to time), and this Agreement, including any special conditions attached to this Agreement, constitute part of this Agreement. The Recipient shall comply with requirements established by the Office of Management and Budget concerning the Universal Identifier and System of Award Management (SAM) requirements in Appendix A to 2 CFR Part 25 and the Federal Funding Accountability and Transparency Act requirements in Appendix A to 2 CFR Part 170. Subject to the terms and conditions of this Agreement, HUD will make the funds for the specified Fiscal Year available to the Recipient upon execution of this Agreement by the Recipient and HUD, and the funds may be used to pay costs incurred on or after the date specified in Box 12 above. All funds for the specified Fiscal Year that HUD provides by reallocation are covered by this Agreement upon execution of an amendment by HUD, without the Recipient's execution of the amendment or other consent. The Recipient agrees to assume all of the responsibilities with respect to environmental review, decision making, and action required under the HUD regulations at 24 CFR Part 58. Nothing in this Agreement shall be construed as creating or justifying any claim against the federal government or the Recipient by any third party. To the extent authorized by HUD regulations at 24 CFR Part 576, HUD may, by its execution of an amendment, deobligate funds previously awarded to the Recipient without the Recipient's execution of the amendment or other consent. 16. For the U.S. Department of HUD(Name,Title,and Contact 17.S'11 n ure ,f 18. Date of Obligation/Federal Award Information of Authorized Official) Date Shirley J. Henley, Director of Community Planning& / OV/ 301 Development 19. For the Recipient(Name and Title of Authorized Official) 20:-Sigriat e ° 21. Date 1,712 Funding Information(HUD Accounting Use Only): PAS Code: "" Region: Program Code: Appropriation: F F0 ce: Allotment: Appro Symbol: o ),,v 1 „ m t'. e . � e Instru tions for�Compfeting the Agree i i . mer g ncy Solutions Grants(ESG)Program General Instructions:This Agreement is used for one of three purposes:(1) to deobligate an amount of previously obligated ESG funds after a reduction to make the initial obligation of ESG funds for a fiscal year and establish the by HUD;(3)to amend an existing Agreement to obligate additional ESG terms under which the obligation is made;(2)to amend an existing Agreement funds for the same fiscal year after a reallocation of funds. 14. Special Conditions: Indirect Cost Rate (a) The period of performance for the funding assistance specified in the Funding Approval ("Funding Assistance") shall begin on the date specified in item 10 and shall end on the date specified in item 15. The recipient shall not incur any obligations to be paid with such assistance after the date specified in item 15. (b) If Funding Assistance will be used for payment of indirect costs pursuant to 2 CFR 200, Subpart E - Cost Principles, attach a schedule in the format set forth below to the executed Grant Agreement that is returned to HUD. The schedule shall identify each department/agency that will carry out activities with the Funding Assistance, the indirect cost rate applicable to each department/agency (including if the de minimis rate is charged per 2 CFR §200.414), and the direct cost base to which the rate will be applied. Do not include indirect cost rates for subrecipients. Administering Direct Department/Agency Indirect cost rate Cost Base Funding Approval and HOME U.S. Department of Housing and Urban Development Investment Partnerships Agreement Office of Community Planning and Development Title 11 of the National.Affordable Housing Act 1. Participant Name and Address 2. Grant Number City of Fort Worth M15-MC480204 3a Tax Identification Number 3b. Unique Entity Identifier(formerly DUNS) 1000 Throckmorton 756000528 073170458 4.Appropriation Number 5. FY(yyyy) Fort Worth,TX 76102 865/80205 2015 6. Previous Obligation(Enter"0"for initial FY allocation) $0.00 a. Formula Funds $ b. Community Housing Development Org. (CHDO)Competitive $ 7. Current Transaction(+or ) $1,934,447 a. Formula Funds $1,934,447 1. CHDO(For deobligations only) $ 2. Non-CHDO(For deobligations only) $ b. CHDO Competitive Reallocation or Deobligation $ 8. Revised Obligation $ a. Formula Funds $ b. CHDO Competitive Reallocation $ 9. Special Conditions(check applicable box) 10.Date of Obligation(Congressional Release Date) ® Not applicable ❑ Attached (mm/dd/yyyy) / / ll 4 NOV 2015 11. Indirect Cost Rate* 12. Period of Performance Administering Agency/Dept. Indirect Cost Rate Direct Cost Base Date in Box#10 4 NOV 2015, % * If funding assistance will be used for payment of indirect costs pursuant to 2 CFR % 200, Subpart E-Cost Principles, provide the name of the department/agency, its indirect cost rate (including if the de minimis rate is charged per 2§CFR 200.414), % and the direct cost base to which the rate will be applied. Do not include cost rates % for subrecipients. This Agreement between the Department of Housing and Urban Development (HUD) and the Participating Jurisdiction/Entity is made pursuant to the authority of the HOME Investment Partnerships Act(42 U.S.C. 12701 et seq.).The Participating Jurisdiction's/Entity's approved Consolidated Plan submission/Application and the HUD regulations at 24 CFR Part 92 (as is now in effect and as may be amended from time to time) and this HOME Investment Partnership Agreement,form HUD-40093, including any special conditions,constitute part of this Agreement.Subject to the provisions of this Agreement, HUD will make the funds for the Fiscal Year specified,available to the Participating Jurisdiction/Entity upon execution of this Agreement by the parties.All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD,without the Participating Jurisdiction's execution of the amendment or other consent.HUD's payment of funds under this Agreement is subject to the Participating Jurisdiction's/Entity's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR 92.502.To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobligate funds previously awarded to the Participating Jurisdiction/Entity without the Participating Jurisdiction's/Entity's execution of the amendment or other consent.The Participating Jurisdiction/Entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies as affordable housing. Repayment shall be made as specified in 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsibility for environmental review,decision making,and actions,as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58. The Grantee shall comply with requirements established by the Office of Management and Budget(OMB)concerning the Universal Numbering System and System for Award Management(SAM)requirements in Appendix A to 2 CFR part 25,and the Federal Funding Accountability and Transparency Act(FFATA)in Appendix A to 2 CFR part 170. The Period of Performance for the funding assistance shall begin on the date specified in item 12 and shall end on September 1s'of the 5'h fiscal year after the expiration of the period of availability for obligation.Funds remaining in the account will be cancelled and thereafter not available for obligation or expenditure for any purpose.Per 31 U.S.C.1552. The grantee shall not incur any obligations to be paid with such assistance after the end of the Period oN erformanpe. 13. For the U.S. Department of HUD(Name and Title of Authorized Official) 1 irgnatu e 15. Date Shirley J. Henley,Director of Community Planning&Development NOV 12Qf 16. For e Participating Jurisdiction/Entity(NaAuthorized Official) .e �^ � ...... ... l Date JV ACvVc.� �G.YLew 19.Check one: ® Initial Agreement ❑ t# APPRO D AS TO FORM Af.0 LEGALITY.",',,,, l 20. Funding Information: HOME Source of Funds Appropriation Cod P bode o°o0 unt wT Page 1 form H,U -4(11)93 rz, Ilr,)r,�r�atiti'a�90 ` { �x , City e w Funding Approval/Agreement U.S. Department of Housing and Urban Development Title I of the Housing and Community Office of Community Planning and Development Development Act(Public Law 930383) Community Development Block Grant Program OMB Approval No. HI-00515R of 20515R 2506-0193(exp 1/31/2015) 1.Name of Grantee(as shown in item 5 of Standard Form 424) 3a,Grantee's 9-digit Tax 3b.Grantee's DUNS Number: 4.Date use of funds may begin City of Fort Worth ID Number: (mm/dd/yyyy): Y 756000528 073170458 10-01-2015 2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 5a.Project/Grant No.1 6a.Amount Approved 1000 Throckmorton B-15-MC-48-0010 $6,332,270 Fort Worth, TX 76102 5b.Project/Grant No.2 6b.Amount Approved 5c.Project/Grant No.3 6c.Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions/addendums, constitute part of the Agreement. Subject to the provisions of this Grant Agreement,HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid Nvith funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval, The Grantee agrees to assume all of the responsibilities for environmental review,decision making,and actions,as specified and required in regulations issued by the Secretary pursuant to Section 104(g)of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-recipient entities to which it makes funding assistance hereunder available. U.S.Department of Housing and Urban Development (By Name) Grantee Name Shirley J. Henley i`f Ll Of ro�� - Tide D'rectorof,.Community Planning and Development Title �Vt� e ke- " , 11 �Signpfu e � D /dd/ 8i natu a ,., Date(mm/ lyyyy) . � ( YYYy) 9 / 7:Category of Titl I sista ce for this Fun Action 8.Special Conditions 9"a.Date HUD Received Submission 10.check one (check n ) ""`µ (check one) (mm/dd/yyyy) 08-13-2015 a.Ori g Funding Entitlement,See 106(b) ❑None 9b.Date Grantee Notified Approval ❑b.State-Administered,Sec 106(d)(1) Q Attached (mm/dd/yyyy)I5 4 NOV 2095 ❑b.Amendment ❑c.HUD-Administered Small Cities,Sec 106(d)(2)(B) 9c.Date of Start of Program Year Amendment Number ❑d.Indian CDBG Programs,Sec 106(a)(1) (mm/dd/yyyy) 10-01-2015 ❑e.Surplus Urban Renewal Funds,Sec 112(b) 11.Amount of Community Development ❑f.Special Purpose Grants,Sec 107 Block Grant FY(15 ) FY( ) FY( ) ❑g.Loan Guarantee,Sec 108 a.Funds Reserved for this Grantee $6,332,270 b.Funds now being Approved c.Reservation to be Cancelled (1 la minus 11b 12a.Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address of Public Agency Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive 12c.Name of Authorized Official for Designated Public Agency loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the Title assistance provided it. Signature HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) F FM 1 7 6 M1 0 0 0 m = ❑Y Project Number Amount I I I I I I II Y Pro ect Number Amount 0 Date Entered PAS(mm/dd/yyyy) Date Entered LOCCS(mm/dd/yyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 fo r ;'; 0. HUD 70$2(11/1r0) 8. Special Conditions. (a) The period of performance for the funding assistance specified in the Funding Approval ("Funding Assistance") shall begin on the date specified in item 4 and shall end on September 1, 2022. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2022. (Source: 31 U.S.C. 1551- 1557) (b) If Funding Assistance will be used for payment of indirect costs pursuant to 2 CFR 200, Subpart E - Cost Principles, attach a schedule in the format set forth below to the executed Grant Agreement that is returned to HUD. The schedule shall identify each department/agency that will carry out activities with the Funding Assistance, the indirect cost rate applicable to each department/agency (including if the de minimis rate is charged per 2 CFR §200.414), and the direct cost base to which the rate will be applied. Do not include indirect cost rates for subrecipients. Administering Direct Department/Agency Indirect cost rate Cost Base °Io (c) The grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Universal Numbering System and System for Award Management (SAM) requirements in Appendix A to 2 CFR part 25, and the Federal Funding Accountability and Transparency Act (FFATA) in Appendix A to 2 CFR part 170. (d) The grantee, unit of general local government or Insular Area that that directly or indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under title I of the Housing and Community Development Act of 1974 (the Act). (Source: P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund) (e) CDBG funds may not be provided to a for-profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source - P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund) (f) The grantee shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy-related, communication- related, water-related and wastewater-related infrastructure), other structures designated for use by the general public or which have other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownsfield as defined in the Small Business Liability Relief and Brownsfield Revitalization Act (Public Law 107-118) shall be considered a public use for purposes of eminent domain. (Source: P.L. 113- 235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title IV, General Provisions, Section 407) (g) E.O. 12372-Special Contract Condition - Notwithstanding any other provision of this agreement, no fiends provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. M&C Review Page 1 of 6 Official site of the City of Fort Worth,Texas ITY COUNCIL AGENDA Fc`�TF11 COUNCIL ACTION: Approved on 8/4/2015 - Ordinance No. 21817-08-2015 CONTINUED FROM A PREVIOUS WEEK DATE: 7/28/2015 REFERENCE G-18521 LOG NAME: 17NS NO.: HUDACTION PLAN PY2015-2016 CODE: G TYPE: NON- PUBLIC YES CONSENT HEARING: SUBJECT: Conduct Two Public Hearings and Approve the City's 2015-2016 Action Plan for the Use of Federal Grant Funds in the Amount of$9,820,979.00 from the United States Department of Housing and Urban Development from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS Grant Programs, Authorize Collection and Use of Program Income, Authorize Waiver of Application of Indirect Cost Rates, Authorize Execution of Related Contracts and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Conduct two public hearings to allow citizen input and consideration of the City's 2015-2016 Action Plan for use of federal grant funds from the United States Department of Housing and Urban Development in the amount of$9,820,979.00 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant programs and for the use of program income from activities using prior years' federal grant funds; 2. Approve the City's 2015-2016 Action Plan for submission to the United States Department of Housing and Urban Development including allocations of grant funds to particular programs and activities as detailed below; 3. Authorize the collection and use of an estimated $50,000.00 of program income, which resulted from activities using prior years' Community Development Block Grant fund, for the reconstruction of City streets; 4. Authorize the collection and use of an estimated $200,000.00 of program income, which resulted from activities using prior years' HOME Investment Partnerships Program funds, for the City's Homebuyer Assistance Program; 5. Authorize the City Manager or his designee to execute contracts for a one-year term with the agencies listed in Tables 1, 2 and 3 below for Program Year 2015-2016 for Community Development Block Grant, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding; 6. Authorize the City Manager or his designee to extend the contracts for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program or to amend the contracts if necessary to achieve program goals provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; http://apps.cfwnet.org/council_packet/me review.asp?ID=21233&councildate=8/4/2015 11/20/2015 M&C Review Page 2 of 6 7. Authorize a waiver of indirect cost rates as applicable for the Grants Fund in accordance with the City's Administrative Regulations; and 8. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the Grants Fund in the total amount of $9,820,979.00 consisting of $6,332,270.00 in Community Development Block Grant funds, $1,934,447.00 in HOME Investment Partnerships Program funds, $552,108.00 in Emergency Solutions Grant funds and $1,002,154.00 in Housing Opportunities for Persons with AIDS grant funds, plus any program income, all subject to receipt of such funds. DISCUSSION: The City's 2015-2016 Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2015 and ending September 30, 2016 for use of federal grant funds totaling $9,820,979.00 from the United States Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and Housing Opportunities for People with AIDS (HOPWA) grant programs. It also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds. The purpose of these grant funds is to primarily benefit low and moderate income City residents with ESG funds primarily benefiting homeless persons and HOPWA funds primarily benefiting persons with HIV/AIDS. Staff developed recommendations for the allocation of the estimated funding from HUD and presented them to the Community Development Council (CDC) on May 20, 2015 and to the City Council at its Pre-Council meeting on June 16, 2015. Notice of a 30-day public comment period from July 1, 2015 to July 31, 2015 was published in the Fort Worth Star-Telegram on June 28, 2015. Any comments received will be maintained by the Neighborhood Services Department in accordance with federal regulations. The City will hold two public hearings as part of the HUD-required citizen participation process, the first on July 28, 2015 and the second on August 4, 2015 at which time the City Council is scheduled to approve the Action Plan. In addition, public hearings were held on June 18, 2015 at 11:30 a.m. and 6:00 p.m. for citizens to provide comment on the proposed list of neighborhood streets eligible for reconstruction using CDBG funds. A summary of the CDC's funding recommendations is provided below in Tables 1, 2 and 3 and a spreadsheet of all specific funding recommendations is attached. The 2015-2016 Action Plan must be submitted to HUD by August 14, 2015. CDBG For Program Year 2015-2016, it is recommended that the amount of $6,332,270.00 in CDBG funds and the estimated amount of$50,000.00 of CDBG program income be allocated as follows: Public Services -$949,840.00 This item includes social services for low to moderate income, disabled and disadvantaged populations. Housing Programs and Services -$2,175,600.00 This item includes funding for the City's Priority Repair Program, Cowtown Brush-Up, homebuyer and housing services, accessibility modifications to the homes of senior and/or disabled individuals and related project delivery costs for these programs. Infrastructure Services -$1,201,521.53 This item includes funding for the reconstruction of neighborhood streets. CDBG Economic Development -$738,854.47 This item is the City's annual payment on its Section 108 loan from HUD. CDBG Estimated Program Income -$50,000.00 http://apps.cfwnet.org/council_packet/Mc review.asp?ID=21233&councildate=8/4/2015 11/20/2015 M&C Review Page 3 of 6 This item includes funding for the reconstruction of City streets in addition to the funds listed above under Infrastructure Services. CDBG program income that is received which is over the estimated amount but not used for reconstruction of City streets will be allocated to priority activities in the City's Consolidated Plan subject to Council approval. CDBG General Administration -$1,266,454.00 This item includes costs for administering the CDBG grant including allocations for Financial Management Services, Internal Audit and Transportation and Public Works Departments. HOME For Program Year 2015-2016, it is recommended that the amount of $1,934,447.00 in HOME funds and the estimated amount of$200,000.00 of HOME program income be allocated as follows: Homebuyer Assistance Program (HAP) -$1,097,400.00 This item includes funding for down payment and/or closing cost assistance to low and moderate income homebuyers. Community Development Housing Organizations (CHDO) Set Aside - $290,168.00 HUD requires that a minimum of 15 percent of HOME funds be allocated to CHDOs for affordable housing projects and CHDO administrative operating costs. These funds will be used by Tarrant County Housing Partnership, Inc. (TCHP), a CHDO,.to construct additional single family houses for the 21 lot Hardy Street Single Family Infill Development in the Diamond Hill-Jarvis neighborhood (Council District 2). The houses will be sold to homebuyers making at or below 80 percent of area median income set by HUD. Single-Family Development-$353,435.00 This item includes funding for construction by TCHP of additional single family houses for the Hardy Street Single Family Infill Development. HOME General Administration -$193,444.00 This item includes costs for administering the HOME grant. HOME Estimated Program Income -$200,000.00 This item includes funding for the City's HAP for closing cost and/or down payment assistance in addition to the funds listed above. HOME program income that is received which is over the estimated amount but not used for HAP will be allocated to priority activities in the City's Consolidated Plan subject to Council approval. HUD allows the City to take 10 percent of any HOME program income to be used for the costs for administering the HOME grant. HOPWA For Program Year 2015-2016, it is recommended that the amount of$1,002,154.00 in HOPWA funds be allocated as follows: Non-Profit Service Providers - $972,090.00 HOPWA Program Administration - $30,064.00 ESG For Program Year 2015-2016, it is recommended that the amount of $552,108.00 in ESG funds be allocated as follows: Non-Profit Service Providers - $510,700.00 ESG Program Administration -$41,408.00 http://apps.efwnet.org/council_packet/Mc review.asp?ID=21233&councildate=8/4/2015 11/20/2015 M&C Review Page 4 of 6 CONTRACT RECOMMENDATIONS The CDC and Staff recommend that contracts be executed with the listed agencies for the amounts shown in the following tables: Community Development Block Grant Contracts: Table 1 - CDBG Agencies Organization Program Amount Cenikor Foundation Substance Abuse 1 $ 75,000.00 Senior Citizen Services of Greater Tarrant Senior Services $ 75,000.00 County Inc. YMCA of Metropolitan Fort Worth 11 Child Care Services $ 75,000700 YWCA of Fort Worth and Tarrant County Child Care Services $ 49,840.00 Clayton Child Care Inc. d/b/a Clayton YES! Child Care Services $ 75,000.00 Girls Inc. of Tarrant County Youth Services $ 75,000.00 Camp Fire First Texas Youth Services $ 75,000.00 Lena Pope Home, Inc. Youth Services $ 75,000.00 The Ladder Alliance Employment/Job $ 75,000.00 Training Tarrant County Housing Partnership, Inc. Housing Counseling $ 75,000.00 and Education Case Presbyterian Night Shelter Management/Main $ 75,000.00 Shelter The Salvation Army, a Georgia Corporation Homeless Services $ 75,000.00 Meals on Wheels, Inc. of Tarrant Count Home-delivered Meals $ 75,000.00 y Program CDBG Public Service Subtotal $ 949,840.00 Rehabilitation, Education and Advocacy for Project Ramp $ 100,000.00 Persons with Handicaps, dba REACH, Inc.** Total CDBG Contracts $1,049,840.00 **REACH will be funded from the CDBG Housing Programs and Services budget. Housing Opportunities For Persons With AIDS Contracts: Table 2 - HOPWA Agencies Organization Program I Amount Tarrant County Administration (seven percent), Supportive Samaritan Housing, Services, and Facility Based Housing Subsidy $420,063.00 Inc. Assistance AIDS Outreach Administration (seven percent), Supportive Center, Inc. Services, Tenant Based Rental Assistance $552,027.00 (TBRA), and Short Term Rent Mortgage and Utility http://apps.cfwnet.org/council_packet/mc review.asp?ID=21233&councildate=8/4/2015 11/20/2015 M&C Review Page 5 of 6 Assistance (STRMU) TOTAL HOPWA Contracts $972,090.00 Emergency Solutions Grant Contracts: Table 3 - ESG Agencies Organization Program Amount SafeHaven of Tarrant County Shelter Services $104,265.00 Presbyterian Night Shelter Shelter Services $ 85,908.00 Day Resource Center for the Homeless Shelter Services $141,092.00 The Salvation Army, a Georgia Corporation Homelessness Prevention $100,000.00 YWCA Fort Worth and Tarrant County —]F Rapid Re-Housing $ 79,435.00 TOTAL ESG Contracts $510,700.00 These programs are available in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, adoption of the attached appropriation ordinance and receipt of grant funds, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 21001 4310013 019CDBG $6,332,270.00 21001 5XXXXXX 019CDBG $6,332,270.00 21001 4310013 019HOME $1,934,447.00 21001 5XXXXXX 019HOME $1.934,447.00 21001 4310013 019ESG $552,108.00 21001 5XXXXXX 019ESG $552,108.00 21001 4921001 019CDBG $50,000.00 21001 5XXXXXX 019CDBG $50,000.00 21001 4310013 019HOPWA $1,002,154.00 21001 5XXXXXX 019HOPWA $1,002,154.00 21001 4921001 019HOME $200,000.00 21001 5XXXXXX 019HOME $200,000.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Allison Gray (8030) Additional Information Contact: Avis Chaisson (6342) Leticia Rodriguez (7319) http://apps.cfwnet.org/council_packet/me review.asp?ID=21233&councildate=8/4/2015 11/20/2015 M&C Review Page 6 of 6 ATTACHMENTS 17NS HUDACTION PLAN PY2015-2016 GR76 AO FY2015.docx Action Plan 15 16 FINAL MandC Slides LHR.pdf Proposed 2015 CDBG Infrastructure Project MandC pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=21233&councildate=8/4/2015 11/20/2015