HomeMy WebLinkAboutContract 42477 i
CIT.Y SECRETARY
CONTRACT NO.,,.,LA D --k 7n
Grant No. TXH-11-F002
Official Contact Person Jesus Cha a
Telephone No. 817-392-2431
FAX No. 517-392-5504
Email No. -jesus.chapa@fortworthi!ov.org
Tax ID No, 756000525
Unit of Government ID No. 481896
Duns No: 073170458
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2011
This Performance Grant Agreement ("'Agreement") is made by and between the United
States Department of Housing and Urban Development (""HUD") and Citv of Fort Worth
I. Background; Puipose. This Agreement is authorized by the AIDS Housing
Opportunity Act (""Act"), 42 U.S.C. §§ 12901 et s.. . Pursuant to the Act, HUD codified
implementing regulations for the Housing opportunities for Persons With AIDS ("HOPWAIl)
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$936,172,("'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-, Aporoved 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 Conte erwise requires,
any reference to this Agreement shall be deemed to include the Act, the R ns and t e
Approved Application. Whenever the terms of the Agreement, Approved 'A FWD
other document used in connection with the Grant conflict with the terms d�eSE
Agreement shall control. FTa WORT
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4. Sub rg ants. 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. Release Expenditure of Grant Funds, and Drawdowns.
a. 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.
b. 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
Pro j ect 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
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.
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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 provide 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
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).
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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 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
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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 HGPWA 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 HGPWA 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.
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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
B y: 0000 Aw!?:!t
(Signature)
e ector Communit Plannin and Develo ment
(Title)
OCT 1 2 2011
(Date)
GRANTEE
STATE of
By:
(Signature and Title)
(Date)
OR
By: �1�( D-� art 1�D r-{�j OFFICIAL.RECORD
(Qualifying City/Eligible State) CITY SECRETARY
On behalf of the ¢T,WORTH,TX
Eligible Metropolitan Statistical Area/State
By:
(Signature and Title of ut orized Official) T, M � �1'�99�ns� C4%),
(Date)
APPROVED AS TO FORM A D EGALITY:
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o o Li.,..✓ATTORNEY
Attested by: vo
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icy uontz'aGt huth 1 atiOx
;yiarty Hendrix, Secretary
Date
M&C - Council Agenda Page 1 of 5
City of Fort Worth, Texas
Mayor a
COUNCIL ACTION: Approved on 81212011 - Ordinance No. 19824-08-2011
DATE: Tuesday, August 02, 2011 REFERENCE NO,: C-25066(Revised)
LOG NAME: 17HUDACTPLAN-REVISED
SUBJECT:
Approve City's 2011-2012 Action Plan for the Use of Program Income Totaling $75,000.00 and Federal
Grant Funds Totaling $1 0,218,616.00 from the United States Department of Housing and Urban
Development Under the community Development Block Grant, HOME Investment Partnerships Program,
Emergency Solutions Grant and Housing opportunities for Persons with AIDS Grant Programs,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 2011-2012 Action Plan for
use of program income totaling $75,000.00 and federal grant funds totaling $10,218,616.00 from the
United States Department of Housing and Urban Development under the community Development Block
Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities
for Persons with AIDS grant programs;
2. Approve the City's 2011-2012 Action Plan for submission to the United States Department of Housing
and Urban Development including allocations of grant funds to particular programs and activities in
accordance with the attached listing;
3. Authorize the use of estimated program income totaling $75,000.00 resulting from activities using
Community Development Block Grant funds;
4. Authorize the City Manager, or his designee,to execute contracts for a one year term with the agencies
listed in Table 1, Table 2, and Table 3 for Program Year 2011-2012 for community Development Block
Grant, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant funds,
contingent upon receipt of funding;
5. Authorize the City Manager, or his designee, to extend the contracts for up to one year if an agency
requests an extension and such extension is necessary for completion of the program;
6. Authorize the City Manager, or his designee, 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. Apply indirect cost rates as applicable for the Grants Fund in accordance with the city's Administrative
Regulations;
8. Authorize the collection of program income resulting from activities using HOME Investment
Partnerships Program funds; and
9. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the
Grants Fund in the total amount of$10,293,61 6.00 ($6,153,267.00 in Community Development Block
Grant funds, $75,000.00 in Community Development Block Grant program income, $2,832,159.00 in
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HOME Investment Partnership funds, $297,018.00 in Emergency Solutions Grant funds and $935,172.00
in Housing opportunities for Persons with AIDS funds), all subject to receipt of these grants.
DISCUSSION:
The City's Action Plan summarizes the major housing and community development activities and
proposed expenditures for use of federal grant funds totaling $10,218,515.00 from the United States
Department of Housing and Urban Development(HUD) under 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 for the program year beginning
October 1, 2011 and ending September 30, 2012. This year's Action Plan also summarizes the use of
program income totaling $75,000.00 resulting from activities using CDBG 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 HOPNA funds primarily benefiting persons with HIV/AIDS.
The public hearing on the City's Action Plan on July 25, 2011, was the first public hearing for the HUD-
required citizen participation process. A second public hearing for the HUD-required citizen participation
process will be held on August 2, 2011 at which time the City Council is scheduled to approve the Action
Plan. A 30-day public comment period was held from June 28, 2011 to July 27, 2011. Any comments will
be maintained by the Housing and Economic Development Department in accordance with federal
regulations. A summary of the funding recommendations of the Community Development Council (CDC)
is provided below and a spreadsheet of all specific funding recommendations is attached. The City's
Action Plan must be submitted to HUD by August 15, 2011.
The allocations in the draft of the Action Plan that was available during the public comment period were
based on funding estimates available at the time. The allocations set out below reflect the final allocations
from HUD.
Staff developed recommendations for the allocation of the estimated funding from HUD and presented
them to the CDC on May 25, 2011. The CDC made recommendations based on the estimated
funding. Staff adjusted the CDC's recommendations once notification was received from HUD of the
actual amount of grant funding.
For 2011-2012, the$5,153,257.00 in CDBG funds and $75,000.00 of program income is recommended to
be allocated as follows:
Public Services -$9849220.40
This item includes social services to low income, disabled and disadvantaged populations.
Housing Programs and Services -$294379052.00
This item includes funding for the City's emergency repair program, Cowtown Brush-Up, the Fort Worth
Housing Trust Fund, accessibility modifications to the homes of senior and/or disabled individuals and
related project delivery costs for these programs.
Public Facilities and Improvements -$8789159.30
This item includes funding for targeted infrastructure for the Hardy Street project in the Diamond Hill-Jarvis
neighborhood and street light installation for the Terrell Heights neighborhood.
CDBG Economic Development-$7339181.90
This item is this year's payment of the City's Section 108 loan from HUD.
CDBG General Administration - $11,2459653.40
This item includes costs for administering the CDBG grant including allocations for Financial Management
Services, Internal Audit, Planning and Development, and funding for a Fair Housing Coordinator in
Community Relations.
For 201 1-2012, the $2,832,1 59.00 in HOME funds is recommended to be allocated as follows:
Homebuyer Assistance Program - $940,000.00
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This item includes funding to provide down payment and/or closing cost assistance to low and moderate
income homebuyers.
Community Housing Development organizations (CHDO) -$191089943.10
This item includes the HUD-required minimum allocation of 15 percent of HOME funds for non-profit
affordable housing projects, as well as$1 00,000.00 for CHDO administrative operating costs.
Fort Worth Housing Trust Fund (HTF) - $500,000.00
This program will fund the rehabilitation of single-family owner-occupied dwellings for income qualifying
households.
HOME General Administration -$2839215.90
This item includes costs for administering the HOME grant.
Staff anticipates the receipt of program income in the 2011-2012 Program Year from activities using
HOME funds and will seek authorization to allocate this program income in a future M&C.
For 2011-2012, the $936,172.00 in HOPWA grant funds is recommended to be allocated as follows:
Allocation to non-profit service providers -$9089086.84
Allocation to HOPWA program administration-$289085.16
For 2011-2012, the$297,018.00 in ESG grant funds is recommended to be allocated as follows:
Allocation to non-profit service providers-$282,167.10
Allocation to ESC program administration -$149850.90
The CDC and staff recommend that contracts be executed with the agencies listed below in the amounts
shown in the following table:
Communily Development Block Grant:
Table 'I - CDBG Agencies
Organization Program Amount
Camp Fire USA First Texas Council Diamond Hill Station $ 33,504.00
Step-Up School
Camp Fire USA First Texas council Completion $ 42,295.00
CASA of Tarrant County, Inc. Advocate Training $ 43,300.00
Substance Abuse
Cenikor Foundation Treatment $ 25,000.00
Child Care Associates Pre-school Child Care $117,000.00
Clayton Child Care., Inc dba Clayton
YES! School Age Child Care $ 54,000.00
Cornerstone Assistance Network New Life center $ 25,000.00
Cultural Arts center GED in Spanish $ 25,000.00
Day Resource Center for the
Homeless (CDBG Program Income) Counseling Services $ 11,250.00
Day Resource Center for the
Homeless (CDBG Grant) Counseling Services $ 33,505.40
Girls Inc. of Tarrant county Girl Power $ 25,000.00
The Ladder Alliance Employment Training $ 25,000.00
Mental Health Association of Tarrant
County Mental Health Advocate $ 25,000.00
Mental Health Association of Tarrant Long Term Care
County Ombudsman $ 259000.00
Good Works/Buenas
Northside Inter-Church Agency, Inc. Obras $ 259000.00
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Stabilizing to Achieve
Richer Tomorrows
The Salvation Army (S.T.A.R.T.) $ 25,000.00
Tarrant Area Food Bank Community Kitchen $ 25,000.00
Tarrant County Housing Partnership, Housing Counseling and
Inc. Education $1133,092-00
Junior Counselors - Poly
United Community Centers, Inc. Center $ 28,154.00
Junior Counselors -
United Community Centers, Inc. Wesley Center $ 27,919.00
Child Development
YWCA Fort Worth &Tarrant County Program $135,000.00
YWCA Fort Worth &Tarrant County My own Place $ 25,000.00
CDBC Public Service Subtotal $934,220.40
REACH Resource Center on
Independent Living Project Ramp $ 509000.00
TOTAL CDBC Contracts $984,220.40
Emergency Solutions Grant:
Table 2 - ESC Agencies
Organization Program Amount
CFW: Parks and Community Services ESG-Shipp $ 25,000.00
The Emergency Shelter
Presbyterian Night Shelter Program $197,157.10
SafeHaven of Tarrant County Shelter operations $ 25,000.00
Supportive Child Care
SafeHaven of Tarrant County Program $ 25,000.00
Supportive Living
YWCA Fort Worth & Tarrant County Program $. 10,000.00
TOTAL ESC contracts $2829167.10
Housing opportunities For Persons With AIDS:
Table 3 - HOPWA Agencies
Organization Program Amount
2011-12 AOC
AIDS outreach Center, Inc. Administration $ 28,083.00
AIDS outreach Center, Inc. 2011-12 AOC STRMU $ 55,705.00
2011-12 AOC Supportive
AIDS outreach Center, Inc. Services $ 33,809.20
AIDS outreach Center, Inc. 2011-12 AOC TBRA $353,194.80
2011-12 ARRT
AIDS Resources of Rural Texas Administration $ 51084.00
AIDS Resources of Rural Texas 2011-12 ARRT STRMU $ 13,284.00
2011-12 ARRT
AIDS Resources of Rural Texas Supportive Services $ 25,196.00
AIDS Resources of Rural Texas 2011-12 ARRT TBRA $ 92,199.84
Tarrant County Samaritan Housing, 2011-12 Samaritan
Inc. House Administration $ 20,215.00
2011-12 Samaritan
Tarrant County Samaritan Housing, House Supportive
Inc. Services $L68,595-00
TOTAL HOPWA Contracts $9089086.$4
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These programs are available in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION 1 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.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 451727 017206531 XXX $2.832,159-00
GR76 5XXXXX 017206531 XXX 12,832,159.00
GR76 451685 XXX206531 XXX $1,000-00
GR76 5XXXXX XXX206531 XXX $1,000-00
GR76 451727 017206533XXX $297,018-00
GR76 5XXXXX 017206533XXX 297 018.00
GR76 541727 017206534XXX $936,172.00
GR76 5XXXXX 017206534XXX 93fi 172.00
GR76 451727 01720653OXXX 16,153,267.00
GR76 5XXXXX 01720653OXXX 16,153,267.00
GR76 451685 XXX20653OXXX $75,000.00
GR76 5XXXXX XXX20653OXXX $75,000.00
CERTIFICATIONS:
Submitted for City Manager's,Office b Susan Alanis (8180)
Originating Department Head: Jay Chapa (5804)
Mark Folden (8834)
Additional Information Contact: Robin Bentley (7315)
ATTACHMENTS
1. 17HUDACTPLAN A01 Revised.doc (Public)
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