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HomeMy WebLinkAboutOrdinance 24569-12-2020 ORDINANCE NO.24569-12-2020 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS OPERATING FEDERAL FUND,SUBJECT TO RECEIPT OF THE GRANT,IN THE AMOUNT UP TO$719,200.00,FOR THE PURPOSE OF FUNDING THE FAIR HOUSING ASSISTANCE PROGRAM; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2019-2020 in the Budget of the City Manager,there shall also be increased estimated receipts and appropriations in the Grants Operating Federal Fund, subject to the receipt of grants,in the amount up to$719,200.00, for the purpose of funding the Fair Housing Assistance Program. SECTION 2. That should any portion,section or part of a section of this ordinance be declared invalid,inoperative or void for any reason by a court of competent jurisdiction,such decision,opinion or judgment shall in no way impair the remaining portions, sections,or parts of sections of this ordinance,which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance 23835-09-2019 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations,in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY J trong(Dec 3,2020 17:4 T) for Ronald P.Gonzales(Dec 4,2020 07:52 C57) Assistant City Attorney Mary J.Kayser O. F�RT�,p ADOPTED AND EFFECTIVE: December 1,2020 ;' U:• '_ ..TEXPS Assistance Award/Amendment U.S.Department of Housing and Urban Development Office of Administration I.Assistance Instrument 2.Type of Action ®Cooperative Agreement ❑Grant Award ❑ Amendment 3.Instrument Number 4.Amendment Number 5.EMetive Date of this Action 6.Control Number FF206K206002 2 EIN#75-6000528 7.Name and Address of Recipient 8.HUD Administering Office Fort Worth Human Relations Commission Region VI FHEO I Iazel Harvey Peace Center of Neighborhoods 801 Cherry St,Unit#45,Suite 2500 818 Missouri Avenue Fort Worth,TX 76102 Port Worth,TX 76104 DUNS#824614754 8a.Name of Administrator 8b.Telephone Number Patrick L.Banis,Acting RD/GO 817-978-5892 Angela Rush,Deputy Administrator/Director 9.HUD Government Technical Representative Bonita Howard,817-978-5890 11.Assistance Arrangement 12.Payment Method 13.HUD Payment Office Fort Worth Field Accounting ❑Cost Reimbursement []Treasury Check Reimbursement P.O.Box 2905 ❑Cost Sharing ❑Advance Check Fort Watt,TX 761 1 3-2 905 ®Fixed Price ®Automated Clearinghouse 14.Assistance Amount 15.HUD Accounting and Appropriation Data Previous HUD Amount S 40,411.00 15a.Appropriation Number 15b.Reservation runber _............................................................,..............._........................................._........................._............._..........-_-.. HUD Amount this action S 704,200.00 8620/210144(1,20) FHEO-06-20-04 __._.............._............... .................I._..._........... _ ... _Total HUD Amount...._.._........_._.......__..........-_s.744,61.1.:UO.........._....... ... .Amount,Previously„Obligated,._,___._.... ........... ._40 d1100 _....._.............. ... __. ,_....-._................... ...._........._..._._._ Itec lent Amount...._............................__......__$00.00 . nbligtltton,bY tliis_action........_..............._.....................�704 200;00....__. Total Instrument Amount $704,200.00 Total Obligation $ U4,63100 16.Description: This instrument authorizes the following funds to be obl ated to the Agency. Fund Code Description Amount Obligated in this Action TIN Case Processing(Carryover Funds $400,000.00 TIN Case Processing Current Funds 80 $218,400.00 TIN Post-Cause Supplement(Carryover) $0.00 TIN Post-Cause Supplement Current Funds $0.00 ADC Administrative Costs $55 000.00 TRG Training 7 $30,800.00 PA1 Partnership $0.00 SEE Special Enforcement Effort $0.00 Total $704 200.00 The Cooperative Agreement/Amendment is comprised of the following documents: 1. Cover Page-HUD-1044 2. 2020 Contributions Agreement 3. Appendix A: FY2020 Statement of Work 4. Attachment A FY2020 Criteria for Processing 5. Attachment B: FY2020 Standards for Timeliness 6. Attachment C: Payment Amounts for FHAP Case Processing 7. Attachment D: eLOCCS Security Procedures The performance period for this Agreement begins July 1,2020 and ends June 30,2021.The funds obligated by this instrument expire on September 30,2025.The recipient must comply with all rules and regulations in accordance with the Fair Housing Assistance Program regulations (24 CFR§115),the Memorandum of Understanding between the Recipient and HUD(including all subsequent addenda),and the FY2020 FHAP Guidance. 17.® Recipient is required to sign and return three(3)copies 18.❑Recipient is not required to sign this document. of this document to the HUD Administering Office 19.Recipient(By Name) 20.HUD(By Name) Fernando Costa Patrick L.Banis 'Signature&Title Date(mm/dd/yyyy) Signature&Title Date(mm/ddlyyyy) L7b�,�(I�ZD1� Assistant City Mana er Actin-q Regional Director/GAO form HUD-1044(8/90) Approved as to Form and legality: John Strong,Assistant City Attorney City of Fort Worth, Texas Mayor and Council Communication DATE: 12/01/20 M&C FILE NUMBER: M&C 20-0863 LOG NAME: 08FHAP2020 SUBJECT (ALL)Ratify Execution of a Cooperative Agreement with the United States Department of Housing and Urban Development to Process Housing Discrimination Cases for Fiscal Year 2020,Authorize Acceptance of Funds in the Amount Up to$719,200.00(Including Interest),Waive Indirect Costs,and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Ratify the execution of a Fair Housing Assistance Program Cooperative Agreement through the Fort Worth Human Relations Commission with the United States Department of Housing and Urban Development for Fiscal Year 2020,and accept funds in the amount up to $719,200.00 plus current and future accrued interest from contractual award funds in an amount up to$15,000.00 based upon actual receipts; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the amount up to$719,200.00($704,200 from the agreement plus accrued interest from the contractual agreement in the amount up to $15,000.00, based on actual receipts);and 3. Waive the transfer of indirect cost revenue due the General Fund in the estimated amount of$104,385.92. DISCUSSION: On August 3,2020, the Fort Worth Human Relations Commission voted to recommend the approval of the Fair Housing Assistance Program (FHAP)Cooperative Agreement with the United States Department of Housing and Urban Development(HUD).Pursuant to that Cooperative Agreement, HUD will provide funding to the Fort Worth Human Relations Commission,a designated FHAP agency,based on the number of fair housing complaints resolved from July 1,2019 to June 30,2020.The grant is based on activities conducted within the preceding twelve-months (the Performance Period). Diversity and Inclusion Departmental staff,on behalf of the Fort Worth Human Relations Commission,resolved 80 complaints during this time period,and received an additional$400,000.00 for case processing.Additional funds are awarded to qualifying FHAP agencies for administrative costs and training. The Cooperative Agreement provides payment for the following: a. Resolution of 80 housing discrimination complaints in the amount of$218,400.00; b. Case processing carry over funds in the the amount of$400,000.00; c. Administrative costs in the amount of$55,000.00;and d. Training funds in the amount of$30,800.00 for mandatory HUD training. The additional$15,000.00 in interest income from the award,based upon actual receipts,brings the total to amount up to$719,200.00. A waiver of the collection of indirect cost revenue otherwise due the General Fund from the FHAP contract is being requested.The Diversity and Inclusion Department has determined that the remission of indirect cost reimbursement to the General Fund would result in less available programming dollars,which when compounded by yearly fluctuations in funding,unanticipated delays in the receipt of funding,the threat of federal cuts in HUD's programming,and increasing salary and benefit costs,could jeopardize the Department's ability to successfully fulfill the provisions of the grant.The cost to the General Fund of the waiver is estimated at$104,385.92. On August 18,2020,the HUD Government Technical Representative(GTR) forwarded the finalized Cooperative Agreement(Agreement)to Diversity and Inclusion staff for signature. The GTR provided a one-week deadline in which to return the signed contract.In view of this short deadline,City staff proceeded to execute the contract with the understanding that this action would require timely ratification by the City Council. A Form 1295 is not required because:This contract will be with a governmental entity,state agency or public institution of higher education:U S Dept. Housing&Urban Development FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds will be available in the current operating budget,as appropriated,in the Grants Operating Federal Fund. The Diversity and Inclusion Department (and Financial Management Services)is responsible for the collection and deposit of funds due to the City. Prior to expenditures being incurred, the Diversity and Inclusion Department has the responsibility to validate the availability of funds. This is a fee for service grant. Submitted for City Manager's Office by: Fernando Costa 6122 Originating Business Unit Head: Christina A.Brooks 8988 Additional Information Contact: Angela Rush 6155 Ruth Lindsey 7566