HomeMy WebLinkAboutContract 43729CITY SECRETARv
CONTRACT No. ')��-1
ATTACHMENT 2
Performance Grant Agreement
Grant No TXH-12-F002
Official Contact Person Jesus Chaim
Telephone No. 817-392-2431
FAX No. 817-392-5804
Email No. siesus.chava@fortworth2ov.org
Tax ID No. 756000528
Unit of Government ID No. 481896
DUNS: 073170458
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2012
This Performance Grant Agreement ("Agreement") is made by and between the United
States Department of Housing and Urban Development ("HUD") and City of Fort Worth.
1. Background: Purpose This Agreement is authorized by the AIDS Housing Opportunity
Act ("Act"), 42 U.S.C. §§ 12901 et seq. Pursuant to the Act, HUD codified implementing
regulations for the Housing Opportunities for Persons With AIDS ("HOPWA") program at 24
C.F.R. part 574 ("Regulations"). The Regulations set forth the terms and conditions under which
applicants can apply for and receive HOPWA grants. The Grantee has applied for, and HUD has
approved, a HOPWA formula grant. The purpose of this Agreement is to set forth the terms and
conditions under which HUD will provide funds to the Grantee.
2. Approved Grant Amount, Activities, and Uses of Funds By execution of this Agreement
in the space provided below, HUD agrees, subject to the terms prescribed herein, to provide a
HOPWA formula grant to the Grantee in the amount of $942,706 ("Grant" or "Grant Funds").
Grant Funds shall be used to carry out activities set forth in the Act and Regulations, and more
readily described in the Consolidated Plan that was prepared, submitted and approved in
accordance with Consolidated Submission for Community Planning and Development Programs
regulations at 24 C.F.R. part 91 ("Approved Application"), as applicable to the HOPWA
program.
3. Regulations; Approved Application This Agreement shall be governed and controlled by
the Act, the Regulations, program directives, and any other applicable federal requirements,
including those set forth in Executive Orders and Office of Management and Budget Circulars,
as currently established and may be amended from time to time. The Approved Application, in
addition to any certifications, assurances, information and documentation required to meet award
conditions, are hereby incorporated into this Agreement. Unless the context otherwise requires,
any reference to this Agreement shall be deemed to include the Act, the Regulations and the
Approved Application. Whenever the terms of the Agreement, Approved Application or any
other document used in connection with the Grant conflict with the terms provided herein, this
Agreement shall control.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
4. Subgrants The Grantee shall ensure that, when making a subgrant, herein defined as an
award of financial assistance made under this Grant to eligible nonprofit organizations or
housing agencies of a State or unit of general local government ("Project Sponsors") via
contractual agreement, Project Sponsors are aware of requirements imposed upon them by
federal statutes and implementing regulations Project Sponsor contracts should include any
clauses required by this Agreement and any other applicable federal requirements, including
those set forth in Executive Orders and Office of Management and Budget Circulars.
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5. Financial Management, Release, Expenditure of Grant Funds, and Drawdowns.
a. Within 90 da) s of the date of execution of this Agreement, the Grantee agrees, and will ensure
that any Project Sponsor agrees, to either obtain a certificate of completion of HOPWA Financial
Management Online Training
(http:/ /www.hudhre.info/index.cfm?do=viewHopwaFinancialTraming ) by at least one
of its employees, or to demonstrate financial management capacity to carry out the provisions 24
C.F.R. 85.20.
b. The Grantee agrees, and will ensure that any Project Sponsor agrees, that it will not make a
commitment or expenditure of Grant Funds to acquire, rehabilitate, convert, lease, repair, dispose
of, demolish, or construct property for a HOPWA-assisted project until the responsible entity has
completed the environmental review procedures required by 24 C.F.R. part 58 and the
environmental certification and Request for Release of Funds have been approved.
c. To ensure that Grant Funds are expended and disbursed in a timely manner, the Grantee shall
draw down Grant Funds not less than quarterly. The Grantee agrees, and will ensure that any
Project Sponsor agrees, to make timely payments to each subrecipient upon request provided the
requesting subrecipient is in compliance with program requirements. A request by the Grantee
to draw down Grant Funds under the Voice Response Access system or any other payment
system constitutes a representation by the Grantee that it and all participating parties are in
compliance with the terms of this Agreement
6. Pre -award Costs and Fees
a. Pre -award costs may not be incurred prior to the date of execution of this Agreement unless
such costs would have been allowable if incurred after the date of the award and HUD has given
written approval to incur such costs.
b. The Grantee agrees, and shall ensure that Project Sponsors agree, that no fees, excluding rent,
will be charged to any eligible person for activities carried out under this award.
7. Amendments and Record -Keeping
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
3
requesting an amendment to this Agreement, the Grantee shall submit a letter of request to the
address set forth in paragraph 10 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 of
execution by HUD.
b. Amendments to the Grantee's approved Consolidated Plan shall comply with 24 C.F.R. §
91.505.
c. 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, and any other documents
required under this award, in its files for a period of not less than four years. 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 of inspection by authorized
representatives of HUD.
8. Performance By execution of this Agreement in the space provided below, the Grantee
agrees, and will ensure that Project Sponsors agree, to:
a. Operate the program in accordance with the Approved Application, the Regulations and other
program requirements;
b. 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;
c. 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;
d. In the case of assistance involving substantial rehabilitation or acquisition, maintain the
assisted structure as a facility to provide short -term -supported housing or assistance for a period
of not less than ten years and in the case of assistance involving nonsubstantial rehabilitation or
repair, maintain the assisted structure as a facility to provide short-term supported housing or
assistance for a period of not less than three years a Declaration of Restrictive Covenant for
which shall be recorded pursuant to state and local law;
e In the case of assistance involving assistance involving real property acquisition, dispose of
such property in the manner provided for in 24 C.F.R. part 85;
f. Comply with requirements established by the Office of Management and Budget (OMB)
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concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central
Contractor Registration (CCR) database, and the Federal Funding Accountability and
Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal
Identifier and Central Contractor Registration 75 Fed. Reg. 55671 (Sept. 14, 2010)(to be
codified at 2 C.F R. part 25) and Appendix A to part 170 of the Requirements for Federal
Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14,
2010)(to be codified at 2 C.F.R. part 170).
g. Commit any program income generated from grant -supported activities to the project or other
HOPWA program activities under this Agreement; and
h. Comply with such other terms and conditions as HUD may establish for purposes of carrying
out the program in an effective and efficient manner.
9. Performance Reports In accordance with 24 C.F.R. part 91, the Grantee shall submit a
Consolidated Annual Performance and Evaluation Report ("CAPER' ) that demonstrates its
progress in carrying out its strategic plan and its action plan within 90 days after the close of
each program year. The performance report must include the number of individuals assisted, the
types of assistance provided, a description of the resources made available, the investment of
available resources the geographic distribution and location of investments, the families and
persons assisted (including racial and ethnic status of persons assisted), and actions taken to
further fair housing
10. General HUD notifications to the Grantee under this Agreement shall be sent to the
address set forth in the Approved Apphcation, unless the Grantee otherwise notifies HUD in
writing. Grantee notifications, including notices of amendments to the Consolidated Plan and
requests for amendments to this Agreement, shall be addressed to the appropriate field office, to
wit:
U. S. Department of Housing and Urban Development
Fort worth Regional Office, Region VI
801 Cherry Street, Unit #45, Ste 2500
Fort Worth, TX 76102
5
11. Defaults and Remedies A default shall occur when the Grantee materially fails to
comply with program requirements A default may consist of using Grant Funds other than as
authorized by this Agreement, noncompliance with statutory, regulatory, or other requirements
applicable to this HOPWA award, any other material breach of this Agreement, or any material
misrepresentation, which, if known to HUD, would have resulted in the Grant Funds not being
provided. If the Grantee fails to comply with any term of this award, HUD may:
a. Temporarily withhold further payments pending corrective action by the Grantee or Project
Sponsor;
b. Disallow all or part of the cost of an activity or action not in compliance;
c. Wholly or partly suspend or terminate the current award for the Grantee's or Subgrantee's
program;
d. Withhold further awards for the HOPWA program;
e. Reduce or recapture Grant Funds;
f. Require the Grantee to reimburse program accounts with non -Federal funds for the amount of
ineligible costs; or
g. Take other appropriate action, including but not limited to, any remedial action legally
available, such as affirmative litigation seeking declaratory judgment, specific performance,
damages, temporary or permanent injunctions and any other available remedies.
Nothing in this paragraph 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. The Grant may be terminated for convenience when
both parties agree that the continuation of the award would not produce beneficial results
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:
UNITED STATES OF AMERICA
Department of Housing and Urban Development
By: The Secretary
By:
(Signature)
7/4-ceser
Director, Community Plannine and Development
(Title)
(Date)
GRANTEE
STATE of
By:
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OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
M&C Review
Page 1 of 5
Official site of the City of Fort Worth, Texas
FORT WORTI I
COUNCIL ACTION: Approved As Amended on 8/7/2012 - Ordinance No. 20316-08-2012
DATE: 7/24/2012
CODE
SUBJECT:
CONTINUED FROM A PREVIOUS WEEK
REFERENCE
NO.:
C TYPE:
C-25767
NON -
CONSENT
LOG NAME 17HUDACTPLANPY12-13
PUBLIC YES
HEARING:
Conduct a Public Hearing and Approve City's 2012-2013 Action Plan for the Use of
Federal Grant Funds from the United States Department of Housing and Urban
Development in the Amount of $9,278,851.00 for Program Year 2012-2013 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 Application of
Indirect Cost Rates, Authorize Execution of Related Contracts and Interdepartmental
Letters of Agreement and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2012-2013 Action
Plan for use of federal grant funds from the United States Department of Housing and Urban
Development in the amount of $9,278,851.00 for Program Year 2012-2013 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 2012-2013 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 resulting from
activities using prior years' Community Development Block Grant funds for the programs and
activities detailed below;
4. Authorize the collection and use of any program income resulting 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 and interdepartmental Letters of
Agreement for a one year term with the agencies listed below in Tables 1, 2, and 3 for Program Year
2012-2013 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 and interdepartmental Letters
of Agreement for up to one year if an agency or department requests an extension and such
extension is necessary for completion of the program,
7 Authorize the City Manager, or his designee, to amend the contracts and interdepartmental Letters
of Agreement 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;
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M&C Review Page 2 of 5
8. Apply indirect cost rates as applicable for the Grants Fund in accordance with the City's
Administrative Regulations; and
9. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to
the Grants Fund in the total amount of $9,278,851.00 ($5,830,119.00 in Community Development
Block Grant funds, $1,973,169.00 in HOME Investment Partnerships Program funds $532,857.00 in
Emergency Solutions Grant funds and $942,706.00 in Housing Opportunities for Persons with AIDS
funds) plus any program income, all subject to receipt of such funds.
DISCUSSION:
The City's Action Plan is a comprehensive summary of the major housing and community
development activities programs and proposed expenditures for the use of federal grant funds in the
amount of $9,278,851.00 from the United States Department of Housing and Urban Development
(HUD) for the program year beginning October 1, 2012 and ending September 30, 2013 from the
Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME),
Emergency Solutions Grant (ESG) and Housing Opportunities for Persons with AIDS (HOPWA) grant
programs. This year's Action Plan 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
A 30-day public comment period on the City's proposed Action Plan was held from June 25, 2012 to
July 25, 2012. Any comments will be maintained by the Housing and Economic Development
Department in accordance with federal regulations. This public hearing on the City's Action Plan will
be the first public hearing for the HUD -required citizen participation process A second public hearing
is proposed for August 7, 2012 at which time the City Council is scheduled to approve the Action
Plan. The City's Action Plan must be submitted to HUD by August 16, 2012.
In addition, two public hearings were held on July 16, 2012 at 9:30 a.m. and 6:00 p.m. for citizens to
provide comment on the proposed lists of neighborhood streets eligible for reconstruction using
CDBG funds The Transportation and Public Works Department prepared a list of priority streets in
CDBG-eligible areas The streets selected for reconstruction were based on the comments provided
at the public hearings A complete list of the streets is attached and will be included in the Action
Plan.
The allocations in the draft Action Plan available during the public comment period were based on
funding estimates available at that time. The amounts set out below reflect the allocations from HUD
at the time of this Mayor and Council Communication (M&C). The allocations are not yet final and if
the amounts increase, Staff will bring forward another M&C to commit the additional funds. Staff
developed recommendations for the allocation of the estimated funding from HUD and presented
them to the Community Development Council (CDC) on June 4 2012 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
For Program Year 2012-2013, the $5,830,119.00 in CDBG funds and $50,000.00 of CDBG program
income is recommended to be allocated as follows:
Housing Programs and Services - $2,124,038.00
This item includes funding for the City's Priority Repair Program, Cowtown Brush -Up, homebuyer and
housing services, and accessibility modifications to the homes of senior and/or disabled individuals
and related project delivery costs for these programs.
Public Services - $874,517.85
This item includes social services for low to moderate income, disabled, and disadvantaged
populations.
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M&C Review Page 3 of 5
Community Facilities and Infrastructure - $930,596.05
This item includes funding for neighborhood streets reconstruction and streetlight installation for the
Terrell Heights neighborhood.
CDBG Economic Development - $734,943.30
This item is this year's payment of the City's Section 108 loan from HUD.
CDBG General Administration - $1,166,023.80
This item includes costs for administering the CDBG grant including allocations for Financial
Management Services, Internal Audit, and Planning and Development
CDBG Estimated Program Income - $50,000.00
Staff recommends allocating any CDBG program received to the following items:
CASA of Tarrant County, Inc. $ 1,875.00
Cultural Arts Center $ 1,875.00
Day Resource Center for the Homeless $ 1,875.00
YWCA Fort Worth & Tarrant County $ 1,875.00
Neighborhood Street
Reconstruction $32,500.00
CDBG General Administration (20 percent) $10,000.00
Total CDBG Program Income $50,000.00
For Program Year 2012-2013, the $1 973,169.00 in HOME funds is recommended to be allocated as
follows:
HOME General Administration - $197,316.90
This item includes costs for administering the HOME grant.
Community Development Housing Organizations (CHDO) Set Aside - $0.00
This HUD -required minimum allocation has been met with previous years' awards to CHDOs for
nonprofit affordable housing projects and CHDO administrative operating costs.
Homebuyer Assistance Program - $1,775,852.10
This item includes funding to provide down payment and/or closing cost assistance to low and
moderate income homebuyers
Staff anticipates the receipt of program income in the 2012-2013 Program Year from activities using
HOME funds Any future program income will be used for the City s Homebuyer Assistance Program
(HAP) after the 10 percent allocation, excluding recapture, for HOME General Administration.
For Program Year 2012-2013, the $532,857.00 in ESG grant funds is recommended to be allocated
as follows:
Allocation to non-profit service providers - $492,892.72
Allocation to ESG program administration - $39,964.28
For Program Year 2012-2013, the $942,706.00 in HOPWA grant funds is recommended to be
allocated as follows:
Allocation to non-profit service providers - $914,424.82
Allocation to HOPWA program administration - $28,281.18
The CDC and Staff recommend that contracts be executed with the agencies listed below in the
amounts shown in the following tables:
Community Development Block Grant:
Table 1 - CDBG Agencies
Organization Program
Diamond Hill and
Amount
http://apps.cfwnet org/council_packet/mc review.asp?ID=17008&councildate=8/7/2012 11/13/2012
M&C Review
Camp Fire USA First Texas Council
CASA of Tarrant County, Inc.
Cenikor Foundation
Clayton Child Care. Inc d/b/a Clayton
YES'
Cornerstone Assistance Network
Cultural Arts Center
Day Resource Center for the Homeless
The Ladder Alliance
Mental Health Association of Tarrant
County
Northside Inter -Church Agency, Inc
Senior Citizen Services of Greater
Tarrant County
Tarrant Area Food Bank
YWCA Fort Worth & Tarrant County
YWCA Fort Worth & Tarrant County
CDBG Public Service Subtotal
REACH Resource Center on
Independent Living
TOTAL CDBG Contracts
Emeraencv Solutions Grant:
Table 2 - ESG Agencies
Organization
Catholic Charities of Fort Worth
CFW: Parks and Community Services
Presbyterian Night Shelter
SafeHaven of Tarrant County
Day Resource Center
N orthside Station
Volunteer Advocate
Training
S ubstance Abuse
Treatment
Page 4 of 5
S chool Age Child Care
New Life Center/Promise
House
GED in Spanish
Counseling Services and
Case Management
Employment Training
Long Term Care
Ombudsman
Good Works/Buenas
Obras
Transportation for
S eniors
Community
Kitchen/Meals
Child Development
P rogram
Power of Self
P roject Ramp
Program
P revention and Rapid
Re -Housing
Community Action
P artners
The Emergency Shelter
P rogram
S helter Operations and
Rapid Re -Housing
Counseling Services and
Case Management
TOTAL ESG Contracts
Housina Oanortunities For Persons With AIDS:
Table 3 - HOPWA Agencies
Organization
AIDS Outreach Center, Inc
Tarrant County Samaritan Housing, Inc.
75,900.00
30,000.00
75,000.00
75,000.00
75,000.00
30, 000.00
$ 31, 808.50
$ 75,000.00
$
75,000.85
75, 000.00
75,000.00
75,000.00
$ 75,000.00
$ 31.808.50
$ 874,517.85
$ 50,000.00
$ 924,517.85
Amount
$ 38,178.52
$ 75,000.00
$ 167,892.72
$ 175,000.00
$ 36, 821.48
492,892.72
Program Amount
Administration (three percent), $ 612,758.90
S upportive Services, TBRA, and
STRMU
Administration (three percent),
S upportive Services, and TBRA
TOTAL HOPWA Contracts
These programs are available in ALL COUNCIL DISTRICTS.
$ 301.665.92
$ 914,424282
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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
GR76 451727 017206280XXX
GR76 5XXXXX 017206280)0X
GR76 451727 017206281XXX
GR76 5XXXXX
017206281 XXX
GR76 5XXXXX 017206283XXX
GR76 451727 017206284XXX
GR76 5XXXXX 017206284XXX
GR76 451685 017206280XXX
GR76 5XXXXX 017206280XXX
GR76 451727 017206283XXX
$5,830,119.00
$5.830.119.00
$1.973.169.00
$1,973,169.00
$532,857.00
$942.706.00
$942,706.00
$50.000.00
$50.000.00
$5321857.00
Submitted for Citv Manager's Office bv:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Fernando Costa (6122)
Jay Chapa (5804)
Cynthia Garcia (8187)
Avis F. Chaisson (6342)
ATTACHMENTS
17HUDACTPLANPYI2-13 A012 VG(1).doc
2012-13ActionPlanFundincRecommendations.pdf
List of Selected Streets for 2012-2013.pdf
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