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HomeMy WebLinkAboutContract 44941 (2)CITY SECRETAR`7L�. CONTRACT fIO. Performance Grant Agreement Grant No TXH13F002 Official Contact Person Jesus Chaim Telephone No. 817-392-2431 FAX No. 817-392-5804 Email No. iesus.chapa @fortworthtexas.zov Tax ID No. 756000528 Unit of Government ID No. 481896 DUNS: 073170458 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2013 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 $911,655 ("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. RECEIVED OCT - i 2013 OFFICIAL LREc D ©UV SEC` EMIT u t] o V© TH, TR 2 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. 5. Financial Management, Release, Expenditure of Grant Funds, and Drawdowns. a. Within 90 days 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=viewHopwaFinancialTraining) 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 requesting an amendment to this Agreement, the Grantee shall submit a letter of request to the 3 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 or 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) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central 4 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 foith in the Approved Application, 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 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: • 5 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 light 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 ecretary By: (Signature) f 1 Director, Community Planning and Development (Title) 2 6 SEP 2013 (Date) GRANTEE B y: City of Fort Worth (Qualifying City/Eligible State) • On behalf of the Eligible Metropolitan Statistical Area/State By: (Signature and Title of Authorized Official) T.M. Higgins, City Manager IC\ sQ aa13 (Date) • Contract Authorisation. Aistft 7/ign • OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Official site of t e ity of Fort Wort Texas COUNCIL ACTION: Approved on 8/6/2013 DATE: 7/23/2013 CODE SUBJECT: Ordinance No. 20854-08-2013 CONTINUED FROM A PREVIOUS WEEK REFERENCE NO.: C TYPE C-26369 NON - CONSENT ,77 LOG NAME: 17HUDACTPLANPYI3-14 PUBLIC YES HEARING: Conduct Public Hearings and Approve the City's 2013-2018 Consolidated Plan and 2013- 2014 Action Plan for the Use of Federal Grant Funds in the Amount of $9 413,143.00 from the United States Department of Housing and Urban Development for Program Year 2013-2014 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 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 2013-2018 Consolidated Plan; 2. Approve the City's 2013-2018 Consolidated Plan for submission to the United States Department of Housing and Urban Development; 3. Conduct a public hearing to allow citizen input and consideration of the City's 2013-2014 Action Plan for use of federal grant funds from the United States Department of Housing and Urban Development in the amount of $9 413 143 00 for Program Year 2013-2014 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; 4. Approve the City's 2013-2014 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; 5. Authorize the collection and use of an estimated amount of $50,000.00 of program income resulting from activities using prior years' Community Development Block Grant funds for the programs and activities detailed below; 6. Authorize the collection and use of an estimated amount of $250,000.00 of program income resulting from activities using prior years' HOME Investment Partnerships Program funds for the City's Homebuyer Assistance Program; 7. 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 2013- 2014 for Community Development Block Grant, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding; 8. Authorize the City Manager or his designee to extend the contracts and Interdepartmental Letters of Page 1 of 6 Agreement for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program, 9. 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; 10. Authorize a waiver for indirect cost rates as applicable for the Grants Fund, in accordance with the City's Administrative Regulations; and 11. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the Grants Fund in the total amount of $9,413 143.00 (the amount of $6,079 622.00 in Community Development Block Grant funds the amount of $1,996,541.00 in HOME Investment Partnerships Program funds, the amount of $425 325.00 in Emergency Solutions Grant funds and the amount of $911,655.00 in Housing Opportunities for Persons with AIDS Grant funds) plus any program income, all subject to receipt of such funds. DISCUSSION: The City receives an annual allocation of federal grant funds from the United States Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and Housing Opportunities for People with AIDS (HOPWA) grant programs. In order to continue to receive these funds, the City must submit a Consolidated Plan (ConPlan) every three to five years and an Annual Action Plan. The 2013- 2018 ConPlan summarizes housing and community development needs particularly those of low-income persons or households and provides the goals, objectives and strategies to address HUD's goals for decent housing, suitable living environment and expanded economic opportunities. The ConPlan will cover the period from October 1, 2013 to September 30, 2018. The ConPlan consists of two parts: (i) the five year Strategic Plan (October 1, 2013 to September 30, 2018) and (ii) the Annual Action Plan, which includes housing and community development activities and proposed expenditures for the upcoming Program Year. The plan for the first year of the ConPlan is listed below. The City's Annual Action Plan is a comprehensive summary of the major housing and community development activities, programs and proposed expenditures for the use of $9,413,143.00 of federal grant funds from HUD from CDBG, HOME ESG and HOPWA grant programs for the Program Year beginning October 1, 2013 and ending September 30, 2014 This year's Action Plan also summarizes the use of program income resulting from activities using pnor 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 notice was published in the Fort Worth Star-Telearam on June 21, 2013 regarding the 30-day public comment period for the City's proposed ConPlan and Annual Action Plan. The public comment period was held from June 23, 2013 to July 23, 2013. Any comments will be maintained by the Housing and Economic Development Department, in accordance with federal regulations. These public hearings on the City's ConPlan and Action Plan will be the first public hearings for the HUD -required citizen participation process. The second public hearings will be held August 6, 2013 at which time the City Council is scheduled to approve the ConPlan and the Action Plan. The ConPlan and Action Plan must be submitted to HUD by August 16, 2013. In addition, public hearings were held on June 20, 2013 at 10:00 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. 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 list of the streets is attached and will be included in the Action Plan. Page 2 of 6 Staff developed recommendations for the allocation of the estimated funding from HUD and presented them to the Community Development Council (CDC) on May 22, 2013 and to the Housing and Economic Development Committee on June 4, 2013. 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 2013-2014, it is recommended that the amount of $6,079 622.00 in CDBG funds and the estimated amount of $50,000.00 of CDBG program income be allocated as follows: Public Services - $911 943.00 This item includes social services for low to moderate income, disabled and disadvantaged populations. Housing Programs and Services - $2,149,193.50 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. Demolition and Infrastructure Services - $1,066,211.30 This item includes funding for neighborhood streets reconstruction and demolition of residential structures to eliminate slum and blight in City neighborhoods. CDBG Economic Development - $736,349.80 This item is the City s annual payment on its Section 108 loan from HUD. CDBG Estimated Program Income - $50,000 00 The CDC recommended allocating any CDBG program income for the demolition of residential structures to eliminate slum and blight in City neighborhoods. CDBG General Administration - $1,215,924.40 This item includes costs for administering the CDBG grant including allocations for Financial Management Services, Internal Audit and Planning and Development Departments For Program Year 2013-2014, it is recommended that the amount of $1,996,541.00 in HOME funds and the estimated amount of $250,000.00 of HOME program income to be allocated as follows: Homebuyer Assistance Program - $1,097,405.75 This item includes funding to provide down payment and/or closing cost assistance to low and moderate income homebuyers Community Development Housing Organizations (CHDO) Set Aside - $299,481.15 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 for the Hillside Morningside Single Family Infill Project by the Tarrant County Housing Partnership CHDO. Multi -family Development - $400,000.00 Funding will be used for the Angle Apartments Development (Development). The Development will result in approximately 306 units and 680 on -site parking spaces. This Development will address a need for quality affordable housing by providing 100 percent income restricted units to Fort Worth families at or below 80 percent of Area Median Income. The approximate address will be 3900 Angle Avenue, Fort Worth, Texas 76106, Council District 2. HOME General Administration - $199,654.10 This item includes costs for administering the HOME grant. Staff anticipates the receipt of program income in the 2013-2014 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. Page 3 of 6 For Program Year 2013-2014, it is recommended that the amount of $911,655.00 in HOPWA funds be allocated as follows: Non -Profit Service Providers - $884,305.35 HOPWA Program Administration - $27,349.65 For Program Year 2013-2014, it is recommended that the amount of $425,325.00 in ESG funds be allocated as follows. Non -Profit Service Providers - $393,425.62 ESG Program Administration - $31,899.38 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 Cenikor Foundation Childcare Associates Clayton Child Care. Inc. d/b/a Clayton YES! Day Resource Center for the Homeless Girls Inc. of Tarrant County Lena Pope Home, Inc. Meals on Wheels, Inc. of Tarrant County Senior Citizens of Greater Tarrant County Tarrant County Housing Partnership The Ladder Alliance The Salvation Army, a Georgia 'Corporation YMCA of Metropolitan of Fort Worth YWCA Fort Worth & Tarrant County CDBG Public Service Subtotal Program Substance Abuse Treatment Childcare Associates Out of School Time `Counseling/Shelter Based Case ;Management Girls Inc. Northside Fort Worth Second Opportunity for Success Home -Delivered Meals :Connecting Seniors to ;Community Housing Counseling and Education Computer Skills Training S.T.A.R.T Early Childhood Education Child Development Program Amount $ 82,075.00 $ 35,335.00 $ 82,326.00 43, 908.00 82, 075.00 82, 326.00 $ 82,326.00 $ 81,824.00 $ 124,935.00 $ 100,235.00 $ 43,908.00 $ 35,335.00 $ 35,335.00 $911,943.00 Page 4 of 6 *REACH Resource Center on Independent Living TOTAL CDBG Contracts *REACH will be funded from the CDBG Housing Programs budget. Housing Opportunities For Persons With AIDS: Table 2 - HOPWA Agencies Project Ramp Organization } Program Tarrant County Samaritan Housing, Inc. Administration (three percent) and S upportive Services AIDS Outreach Center, Inc. TOTAL HOPWA Contracts Emergency Solutions Grant: Table 3 - ESG Agencies Organization SafeHaven of Tarrant County Presbyterian Night Shelter Day Resource Center for the Homeless The Salvation Army, a Georgia Corporation - CFW Parks and Community Services Catholic Charities of Fort Worth Administration (three percent), S upportive Services, Tenant Based Rental Assistance (TBRA) and Short Term Rent Mortgage and Utility Assistance (STRMU) I Shelter Services S helter Services S helter Services F Program $ 75,000.00 $ 986,943.00 Amount $ 261,611.35 $ 622,694.00 $ 884,305.35 Amount $ 85,065.00 $ 85,065.00 $ 85,065.00 Homelessness Prevention/Rapid Re -Housing $ 43,136.00 Homelessness Prevention/Rapid Re -Housing $ 63,015.62 Homelessness Prevention/Rapid Re -Housing TOTAL ESG Contracts These programs are available in ALL COUNCIL DISTRICTS. $ 32,079.00 I $ 393,425.62 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 GR76 451727 017206650XXX GR76 5XXXXX 017206650XXX GR76 451727 017206653XXX GR76 5XXXXX 017206653XXX GR76 451727 017206654XXX $6,079.622.00 $6,079,622.00 $425,325.00 $425,325.00 $911,655.00 FROM Fund/Account/Centers Page 5 of 6 GR76 5XXXXX 017206654XXX GR76 451685 017206650XXX GR76 5XXXXX 017206650XXX GR76 451685 0172060651XXX GR76 5XXXXX 017206651XXX GR76 451727 017206651XXX GR76 5XXXXX 017206651XXX $911.655.00 $50.000.00 $50.000.00 $250.000.00 $250.000.00 $1.996.541.00 $1.996.541.00 Submitted for Citv Manager's Office bv: Originatina Department Head: Additional Information Contact: Fernando Costa (6122) Cynthia Garcia (8187) Robert Sturns (8003) Leticia Rodriguez (7319) ATTACHMENTS 17HUDACTPLANPY13-14 A013 VG(1).doc 2013-18ConPlanMemo HED6.4.13CG.Udf ActionPlan 2013-14 fundina recommendations.pdf List of Selected Street for Action Plan 2013.odf Page 6 of 6