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HomeMy WebLinkAboutContract 48326 CITY SECRETARY Housing Opportunities for Persons With AIDS (CFDA#14.241) Grant Number: TXH16F002 Grantee Name: Fort Worth Grantee's DUNS Number: 073170458 Official Contact Person: Barbara Asbury, Compliance Manager Telephone Number: 817-392-7331 FAX Number: Email Address: Barbara.asbury@fortworthtexas.gov Tax ID Number: 756000528 Unit of Government ID Number: 481896 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2016 This Performance Grant Agreement ("Agreement") is made and entered into by and between the U. S. Department of Housing and Urban Development ("HUD") and Fort Worth ("Grantee"), 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 CFR 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$1,032,529.00 ("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 CFR part 91 (hereinafter, "Approved App lea ion , as applicable to the HOPWA program. OFFICIAL RECORD Y TAR ARTICLE III. Compliance with Program Requirements. FT. WORTHCITY SECREECRE,AR TX The Grantee shall comply with all program requirements, as they may be amended from time to time. Such requirements consist of the Act,Regulations, and other applicable program requirements, including 2 CFR part 200 ("Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards"); Section 3 of the Housing and Urban Development Act of 1968 and 24 CFR part 135 ("Economic Opportunities for Low- and Very Low-Income Persons"); 31 U.S.C. 1352 and 24 CFR 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 Section 3 of Pub. L. 113-101, and Appendix A to 2 CFR 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 CFR 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 CFR 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 CFR 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 CFR 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. Obtain and 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 every three years. C. Obtain and ensure that any Project Sponsor agrees to obtain a certificate of completion of the HOPWA Oversight training curriculum by at least one of its employees within twelve months of the execution of this Agreement. D. If Grantee is a State, obtain a certification of approval consistent with 24 CFR 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; E. 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; F. 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; G. 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 CFR. 574.310(c) and obligates the Grantee or Project Sponsor, and its successors and assigns, to operate and maintain the building or structure in accordance with the Act, the Regulations and the terms and conditions of this Agreement; H. Comply with 2 CFR 200.311 and any disposition instructions that HUD may provide to the Grantee; I. 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 CFR part 25; J. Commit program income to the Grant in accordance with the addition method as provided in 2 CFR 200.307(e)(2); and K. 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 to pay indirect costs pursuant to 2 CFR part 200, Subpart E, Grantee shall attach a schedule in the format set forth below to the executed 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 CFR 200.414), and the direct cost base to which the rate will be applied. Grantee shall not include indirect cost rates for Project Sponsors. Administering Direct Department/Agency Indirect cost rate Cost Base % %a 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 Grant, in its files for a period of not less than four years in accordance with 24 CFR 574.530. The Grantee shall retain records for a longer period of time when any of the exceptions in 2 CFR 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. • The Grantee shall submit a Consolidated Annual Performance and Evaluation Report ("CAPER") in accordance with 24 CFR. part 91, within 90 days after the close of each program year. • If Grantee is specifically targeting activities under the Grant to the homeless population, Grantee must use the Homeless Management Information System (HMIS) to undertake and track services of their homeless clientele. • Grantee agrees to comply with the award term and condition for reporting of matters related to recipient integrity and performance at Appendix XII to 2 CFR part 200. ARTICLE XIII. Research and Development. This Grant is not for research and development (R&D), as defined at 2 CFR 200.87. ARTICLE XIV. Contact Information. • 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. • 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: https://www.hudexchange.info/manage-a-program/cpd- field-office-directory/ 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 CFR 200.338 after providing the Grantee with an opportunity for informal consultation in accordance with 24 CFR 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 CFR 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. • The Federal award date of the Grant Funds that HUD agrees to provide through this Agreement is the date of execution of this Agreement on behalf of the Secretary of Housing and Urban Development. • The period of performance begins on the date that this Agreement is executed by both 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 Developm nt: Name: Shirley Signature: Date: $;E OGT 2016 Title: CPI Field Office irector On behalf of Fort Worth: Name: 7D c•-o,-GA C poke- Signature: Date: 12 �Z`/ Title: c PROVED AS TO FORM AND LEGALITY Cy� o ATTOR SRT - F1 °- 0 N e G � 000 '0,0000P OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Official site of the city of Fort Worth,Texas ITY COUNCILAGENDA Ft RT WORTI1 COUNCIL ACTION: Approved on 8/9/2016 - Ordinance No. 22351-08-2016 CONTINUED FROM A PREVIOUS WEEK DATE: 8/2/2016 REFERENCE G-18793 LOG NAME: 19NS NO.: H U DACTION PLAN PY2016-2017 CODE: G TYPE: NON- PUBLIC YES CONSENT HEARING: SUBJECT. Conduct Two Public Hearings and Approve the City's 2016-2017 Action Plan for the Use of Federal Grant Funds in the Amount of$10,094,608.00 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 2016-2017 Action Plan for use of federal grant funds from the United States Department of Housing and Urban Development in the amount of$10,094,608.00 for the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Person with AIDS grant programs and for the use of program income from activities using prior years' federal grant funds; 2. Approve the City's 2016-2017 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 $130,000.00 of program income, which resulted from activities using prior years' Community Development Block Grant fund, for the City's Priority Repair Program; 4. Authorize the collection and use of an estimated $1,200,000 of program income, which resulted from activities using prior years' HOME Investment Partnerships Program funds, for the completion of the Hardy and HFC Terrell Single-Family housing development projects and 10 percent for administrative costs as detailed below; 5. Authorize the City Manager or his designee to execute contracts for one-year terms with the agencies listed in Tables 1, 2 and 3 below, for Program Year 2016-2017 for Community Development Block Grant, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding and satisfactory completion of an Environmental Review and all regulatory requirements; 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; 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$10,094,608.00 consisting of$6,414,009.00 in Community Development Block Grant funds, $2,078,039.00 in HOME Investment Partnerships Program funds, $570,031.00 in Emergency Solutions Grant funds and $1,032,529.00 in Housing Opportunities for Persons with AIDS grant funds, plus any program income, all subject to receipt of such funds. DISCUSSION: The City's 2016-2017 Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2016 and ending September 30, 2017 for use of federal grant funds totaling $10,094,608.00 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 Persons with AIDS (HOPWA) grant programs. It also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds, for which the primary purpose is to benefit low and moderate income City of Fort Worth residents. ESG funds primarily benefit homeless persons and HOPWA funds primarily benefit low and moderate income persons with HIV/AIDS. Staff developed initial recommendations for the allocation of the estimated funding from HUD, which were adopted by the Community Development Council (CDC) on May 11, 2016 and were presented to the Housing & Neighborhood Services Committee on May 3, 2016 and to the City Council at the Pre-Council meeting on June 7, 2016. After these presentations, Staff developed revised recommendations which were to be presented to the CDC at its meeting on July 13, 2016, but the meeting was not held due to the lack of a quorum. A full explanation of revisions, including a comparison of the initial recommendations to the revised recommendations, are set forth in the informal report presented to the City Council on August 2, 2016. Notice of a 30-day public comment period from July 1, 2016 to August 1, 2016 was published in the Fort Worth Star-Telegram on June 30, 2016. Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. The City is required to hold two public hearings as part of the HUD-required citizen participation process. Initially, the first public hearing was scheduled to be held at the CDC meeting on July 13, 2016 with a second public hearing scheduled for August 2, 2016 at the City Council meeting. Because the CDC was unable to meet on July 13, 2016, these dates were amended to reflect the first public hearing at the City Council meeting on August 2, 2016 with the second public hearing to be held at the City Council meeting on August 9, 2016. Due to the revised hearing dates, the public comment period was extended until August 8, 2016 and a notice of public hearings and extension of public comment period was published in the Fort Worth Star-Telegram on July 17,2016. A summary of the Staffs final funding recommendations is provided below and in Tables 1, 2 and 3. Additionally, a spreadsheet of all specific funding recommendations is attached. The 2016-2017 Action Plan must be submitted to HUD by August 15, 2016. A waiver of indirect costs is being requested. CDBG For Program Year 2016-2017, it is recommended that the amount of$6,414,009.00 in CDBG funds and the estimated amount of$130,000.00 of CDBG program income totaling $6,544,009.00 be allocated as follows: Public Services - $962,101.00 This item includes social services for low to moderate income, disabled and disadvantaged populations. Housing Program Services -$2,133,328.20 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 Projects & Public Facilities - $1,295,000.00 This item includes funding for the SafeHaven of Tarrant County: Domestic Violence Shelter ADA Improvements, CFW Planning & Development: Lake Como Neighborhood Sidewalk and Lighting Project (Phase II), CFW Parks & Recreation Department: Bunche Park and CFW Code Compliance: Neighborhood Improvements - Demolition and Clearance. CDBG Economic Development - $740,778.80 This item is the City's annual payment on its Section 108 loan from HUD. This item is the City's annual payment of its Section 108 loan from HUD. The Section 108 Program is a loan guarantee program, which enables CDBG grantees to borrow up to five times the annual entitlement grant. CDBG Estimated Program Income -$130,000.00 This item includes funding for the City's Priority Repair Program. CDBG program income that is received which is over the estimated amount but not used for the City's Priority Repair Program will be allocated to priority activities in the City's Consolidated Plan subject to Council approval. CDBG General Administration - $1,282,801.00 This item includes costs for administering the CDBG grant including allocations for Financial Management Services, Internal Audit, Planning and Development Departments. HOME For Program Year 2016-2017, it is recommended that the amount of$2,078,039.00 in HOME funds and the estimated amount of$1,200,000.00 of HOME program income be allocated as follows: Homebuyers Assistance Program (HAP) -$960,236.00 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 - $402,500.00 HUD requires that a minimum of 15 percent of HOME funds be allocated to CHDO's for affordable housing projects and CHDO administrative operating costs. These funds will be used by Tarrant County Housing Partnership, Inc. (TCHP), a CHDO, for the completion of the Hillside/Morningside Single-Family Infill Development (COUNCIL DISTRICT 8). The houses will be sold to homebuyers making at or below 80 percent of the area median income as set by HUD. Rental Housing Development—$507,500.00 This item includes the construction of seven one-bedroom accessible apartments by Mental Health Housing Development Corporation to serve citizens that are low-to-moderate income and disabled (COUNCIL DISTRICT 3). HOME General Administration —$207,803.00 This item includes costs for administering the HOME grant. HOME Estimated Program Income -$1,200,000.00 This item includes funding for completion of the Hardy and HFC Terrell Single-Family Infill Projects. HOME program income that is received which is over the estimated amount but not used for the Hardy and HFC Terrell Single-Family Infill Projects 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 2016-2017, it is recommended that the amount of$1,032,529.00 in HOPWA funds be allocated as follows: Non-Profit Service Providers -$1,001,554.00 HOPWA Program Administration –$30,975.00 ESG For Program Year 2016-2017, it is recommended that the amount of$570,031.00 in ESG funds be allocated as follows: Non-Profit Service Providers -$527,279.00 ESG Program Administration –$42,752.00 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 AB Christian Learning Center [After-School Tutoring $ 45,486.00 [t—am—pFire First Texas Step Up Program $ 78,905.00 Cenikor Foundation Substance Abuse Services $ 110,000.00 Girls Inc. of Tarrant County Education, Prevention and $ 110,000.00 Leadership Program Meals on Wheels Inc. of Tarrant Home Delivered Meals $ 75,000.00 County Presbyterian Night Shelter Moving Home Program I $ 75,000.00 Senior Citizen Services of Greater Connecting Seniors to the l $ 100,000.00 Tarrant County, Inc. Community Tarrant County Housing Partnership, Homebuyer Counseling and $ 116,000.00 Inc. Education The Ladder AllianceW Computer Skills Training $ 86,710.00 Program United Community Centers Educational Enrichment $ 90,000.00 Program YMCA of Metropolitan Fort Worth Early Childhood Education $ 75,000.00 CDBG Public Service Subtotal $ 962,101.00 Rehabilitation,_Education and Project 100,000.00 Advocacy for Persons with Handicaps, dba REACH, Inc.** Total CDBG Contracts vU $1,062,101.00 **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 Amount Tarrant County Samaritan Housing, IAdministration seven $ 485,844.00 I MppEikkise1AA==A"J�'4'&rvi d%etet efeiRe tvdihc # n*mniunt IMD s eahe r ha Itfd I 2 housing Subsidy Assistance AIDS Outreach Center, Inc. Supportive Services, Tenant $ 515,710.00 Based Rental Assistance (TBRA), and Short Term Rent Mortgage and Utility Assistance (STRMU) Total HOPWA Contracts $1,001,554.00 Emergency Solutions Grant Contracts: Table 3— ESG Agencies Organization Program — Amount rg Presbyterian Night Shelter Emeency—Shelter and $100,275.00 _ Case Management SafeHaven of Tarrant County SafeSolutions for Fort $ 75,000.00 Worth Day Resource Center for the Homeless Day Shelter $141,092.00 Homeless The Salvation Army, a Georgia Home Sweet Home- $116,360.00 Corporation Homeless Prevention Center for Transforming Lives Rapid Rehousing $ 94,552.00 Total ESG Contracts $527,279.00 These programs are available in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance 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. This is a reimbursement grant. The Neighborhood Services Department has the responsibility to validate the availability of funds prior to an expenditure being made. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 21001 0190463 4310013 10XXXX CDBG 9919XX $6,414,009.00 21001 0190463 5XXXXXX 10XXXX CDBG 9919XX $6,414,009.00 21001 0190463 4310013 10XXXX HOME 9919XX $2,078,039.00 21001 0190463 5XXXXXX 10XXXX HOME 9919XX $2,078,039.00 21001 0190463 4310013 10XXXX ESG 9919XX $570,031.00 21001 0190463 5XXXXXX 10XXXX ESG 9919XX $570,031.00 21001 0190463 4310013 10XXXX H OP WA 9919XX $1,032,529.00 21001 0190463 5XXXXXX 10XXXX H OP WA 9919XX $1,032,529.00 21001 0190463 4921001 10XXXX CDBG 9919XX $130,000.00 21001 0190463 5XXXXXX 10XXXX CDBG 9919XX $130,000.00 21001 0190463 4921001 10XXXX HOME 9919XX $1,200,000.00 21001 0190463 5XXXXXX 10XXXX HOME 9919XX $1,200,000.00 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID I I r Chartfield 2 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Aubrey Thagard (8187) Additional Information Contact: Diana Carranza (7369) Barbara Asbury(7331) ATTACHMENTS 19NS HUDACTIONPLANPY2016-2017 Grant AO.docx Action Plan 16-17 FINAL MandC Slides.pdf Form 1295.pdf SAM Search.ndf