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HomeMy WebLinkAboutContract 61928Docusign Envelope ID: E8EBF1 EO-16D3-446A-B3BE-D0A77635CFA0 Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) HI-00515R of 20515R 1. Name of Grantee (as shown in item 5 of Standard Form 424) City of Fort Worth 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 200 Texas Street Planning Fort Worth, TX 76102 U.S. Department of Housing and Urban Development CSC No. 61928 Office of Community Planning and Development Community Development Block Grant Program OMB Approval No. 2506-0193 exp 1 /31 /2025 3a. Grantee's 9-digit Tax ID Number 756000528 4. Date use of funds may begin 8/23/2024 5a. Project/Grant No. 1 B-23-PH-48-0002 5b. Project/Grant No. 2 3b. Grantee's 9-digit DUNS Number ENS6MKS1ZL18 (UEl) 6a. Amount Approved $5,000,000.00 (by this action) 6b. Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any additional and/or special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre -agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the additional and/or special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub -recipient entities to which it makes funding assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Grantee Name (Contractual Organization) Shirley Henley City of Fort Worth Title Title CPD Director Assistant City Manager Signature Date (mm/dd/yyyy) Signature Date (mm/dd/yyyy) Docuftmd by: X L, n 8/23/2024 55263906 DED40C... 7. Category of Title I Assistance for this Funding Action: 8. Additional/Special Conditions 9a. Date HUD Received Submission (check one) (mm/dd/yyyy) CDBG Pathways to Removing Obstacles to Housing ❑ None 9b. Date Grantee Notified (Public Law 117-328) ® Attached (mm/dd/yyyy) 9c. Date of Start of Program Year N/A 11. Amount of Community Development Block Grant FY 2023 a. Funds Reserved for this Grantee b. Funds now being Approved $5,000,000.00 c. Reservation to be Cancelled (1 la minus 11b) 12a. Amount of Loan Guarantee Commitment now being Approved 12b. Name and complete Address of Public Agency N/A Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan 12c. Name of Authorized Official for Designated Public Agency guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD Title now or hereafter in effect, pertaining to the assistance provided it. Signature K4 HUD Accounting use Only Batch TAC Program Y A Reg Area Document No. Project Number Category Amount FM 11 5 3 1 00000 I I I 176 y Project Number Amount Y II I II Proiect Number Amount n I I I I I I I Date Entered PAS (mm/dd/yyyy) Date Entered LOCCS (mm/ddlyyyy) Batch Number Transaction Code Entered By 24 CFR 570 Aug 30, 2024 10. check one ® a. Orig. Funding Approval ❑ b. Amendment Amendment Number Effective Date (mm/dd/yyyy) F I P OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Verified By form HUD-7082 (5115) Docusign Envelope ID: E8EBF1EO-16D3-446A-B3BE-DOA77635CFAO 8. Additional Requirements. (a) These additional requirements are attached to the Funding Approval/Agreement (form HUD-7082) (the "Agreement") between HUD and the Grantee for grant number B - 2 3 —PH— 4 8 - 0 0 0 2 and apply to all grantees receiving funds appropriated under Public Law 117-328 as part of the Pathways to Removing Obstacles to Housing (PRO Housing) program. By signing the Agreement, the Grantee agrees to these additional requirements on the use of this PRO Housing grant, as may be amended from time to time by the Secretary. (b) The submissions for assistance incorporated into the Agreement include the Grantee's PRO Housing action plan(s) and amendments, including the certifications, assurances, and any documentation the Grantee is required to submit for the award. Until grant closeout, the Grantee must continue to adhere to its submissions, unless amended in accordance with PRO Housing requirements. (c) The requirement of the Agreement to comply with the Housing and Community Development Act of 1974, as amended, and the requirements at 24 CFR part 570 are modified to incorporate the requirements of the Consolidated Appropriations Act, 2023 (Public Law 117-328) and the FY23 Pathways to Removing Obstacles to Housing (PRO Housing) Notice of Funding Opportunity (NOFO) FR-6700-N- 98, (as now in effect and as may be modified from time to time). The Grantee agrees to comply with the NOFO, and any future Federal Register notices published by HUD that apply to PRO Housing under Public Law 117-328. Future Federal Register notices will apply prospectively from their applicability date, and to costs reimbursed from the grant after their applicability date, as provided in the notices and in 8.(d). (d) The period of performance and single budget period for the Funding Assistance shall each begin on the date specified in item 4 and shall each end on September 30, 2029. The Grantee shall not incur any obligations to be paid with such assistance after September 30, 2029. (e) Any program income received before or after closeout of the grant is treated as additional PRO Housing grant funds, subject to the requirements of the PRO Housing NOFO, and must be used in accordance with the Grantee's PRO Housing Action Plan. Except as amended by the PRO Housing NOFO, a grantee that is a local government, multijurisdictional entity or metropolitan planning organization shall comply with regulatory provisions at 24 CFR part 570 subparts A, C, D, J, K, and O, and a grantee that is a State shall comply with regulatory provisions at 24 CFR part 570 subpart I. To the maximum extent feasible, program income shall be used or distributed before additional withdrawals from the U.S. Treasury are made, except as provided in the PRO Housing NOFO. Docusign Envelope ID: E8EBF1EO-16D3-446A-B3BE-DOA77635CFAO (f) The Grantee must use the Grant Funds only for costs (including indirect costs) that meet the applicable requirements in 2 CFR part 200 (including appendices). The Grantee's indirect cost rate information is as provided in Addendum #1 to this Agreement. The Grantee must immediately notify HUD upon any change in the Grantee's indirect cost rate, so that HUD can amend the Agreement to reflect the change if necessary. (g) In addition to the conditions contained on form HUD 7082, the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS); the System for Award Management (SAM.gov.); the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and General Contractor Registration; and 2 CFR part 170, Reporting Subaward and Executive Compensation Information. (h) The grantee shall ensure that no PRO Housing funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy -related, communication -related, water- related and wastewater -related infrastructure), other structures designated for use by the general public or which have other common -carrier or public -utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107-118) shall be considered a public use for purposes of eminent domain. (i) The Grantee or other entity that directly or indirectly receives PRO Housing funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non -Federal considerations, but must use such funds for activities eligible under title I of the Act or PRO Housing NOFO. (j) E.O. 12372-Special Contract Condition - Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending Docusign Envelope ID: E8EBF1EO-16D3-446A-B3BE-DOA77635CFAO any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. (k) PRO Housing funds may not be provided to a for -profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source - P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund). (1) The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as maybe amended, if applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. (m) Waste, Fraud, Abuse, and Whistleblower Protections. Any person who becomes aware of the existence or apparent existence of fraud, waste or abuse of any HUD award must report such incidents to both the HUD official responsible for the award and to HUD's Office of Inspector General (OIG). HUD OIG is available to receive allegations of fraud, waste, and abuse related to HUD programs via its hotline number (1-800-347-3735) and its online hotline form. You must comply with 41 U.S.C. § 4712, which includes informing your employees in writing of their rights and remedies, in the predominant native language of the workforce. Under 41 U.S.C. § 4712, employees of a government contractor, subcontractor, grantee, and subgrantee—as well as a personal services contractor —who make a protected disclosure about a Federal grant or contract cannot be discharged, demoted, or otherwise discriminated against as long as they reasonably believe the information they disclose is evidence o£ 1. Gross mismanagement of a Federal contract or grant; 2. Waste of Federal funds; 3. Abuse of authority relating to a Federal contract or grant; 4. Substantial and specific danger to public health and safety; or 5. Violations of law, rule, or regulation related to a Federal contract or grant. Docusign Envelope ID: E8EBF1EO-16D3-446A-B3BE-DOA77635CFAO Addendum # 1 to Agreement [B-23-PH-48-0002] Grantee Indirect Cost Rate(s) As the duly authorized representative of the Grantee, I certify that the Grantee: © Will not use an indirect cost rate to calculate and charge indirect costs under the grant. ❑ Will calculate and charge indirect costs under the grant by applying a de minimis rate as provided by 2 CFR 200.414(f), as may be amended from time to time. ❑ Will calculate and charge indirect costs under the grant using the indirect cost rate(s) listed below, and each rate listed is included in an indirect cost rate proposal developed in accordance with the applicable appendix to 2 CFR part 200 and, if required, was approved by the cognizant agency for indirect costs. Agency/department/major function Name of Authorized Official: Fernando Costa Title: Assistant City Manaizer Indirect cost rate Signature: Instructions for the Grantee's Authorized Representative: Type of Direct Cost Base Date (mm/dd/yyyy): Aug 30, 2024 You must mark the one (and only one) checkbox above that best reflects how the Grantee's indirect costs will be calculated and charged under the grant. Do not include indirect cost rate information for subrecipients. The table following the third box must be completed only if that box is checked. When listing a rate in the table, enter both the percentage amount (e.g., 15%) and the type of direct cost base to be used. For example, if the direct cost base used for calculating indirect costs is Modified Total Direct Costs, then enter "MTDC" in the "Type of Direct Cost Base" column. If using the Simplified Allocation Method for indirect costs, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. If using the Multiple Allocation Base Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. If the Grantee is a government and more than one agency or department will carry out activities under the grant, enter each agency or department that will carry out activities under the grant, the indirect cost rate(s) for that agency or department, and the type of direct cost base to which each rate will be applied. To learn more about the indirect cost requirements, see 2 CFR part 200, subpart E and Appendix VII to Part 200 (for state and local government and Indian Tribes). Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, inclu ing ensuring all performance and reporting requirements. f-, 2v- Chad Lagoque (Aug 29, 202417:16 CDT) Chad LaRoque, Housing Development Manager Neighborhood Services Department KR" Kacey Bess, Director Neighborhood Services Department Approved as to form and legality: LeNe unt (Aug 30, 2 CDT) Leslie L. Hunt, Senior Assistant City Attorney Reviewed/Approved: R/ onald Gonzales, Assistant City Secretary �; Rtoo 'pp�dd Pvo o=d Attest: a��,� a p nF°X�°4gaoa Jannette S. Goodall, City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication DATE: 10/17/23 M&C FILE NUMBER: M&C 23-0871 LOG NAME: 19PATHWAYS TO REMOVING OBSTACLES TO HOUSING GRANT APPLICATION SUBJECT (ALL) Authorize Application for, and Acceptance of, if Awarded, the United States Department of Housing and Urban Development's Community Development Block Grant Pathways to Removing Obstacles to Housing Program Grant in an Amount Up to $10,000,000.00, Authorize Execution of Related Grant Agreement, and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize application for, and acceptance of, if awarded, the United States Department of Housing and Urban Development Pathways to Removing Obstacles to Housing Program grant, in an amount up to $10,000,000.00; 2. Authorize the execution of a grant agreement with the United States Department of Housing and Urban Development; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund, subject to the receipt of the grant, in an amount up to $10,000,000.00 for the purpose of developing, evaluating, and implementing housing policy plans; addressing restrictive zoning or land use policies; developing affordable housing in high opportunity areas; and improving housing strategies to identify and remove barriers to affordable housing production and preservation. DISCUSSION: The purpose of the United States Department of Housing and Urban Development (HUD) Pathways to Removing Obstacles to Housing (PRO Housing) grant (PRO Housing Grant) is to identify and remove barriers to affordable housing production and preservation. Eligible applicants are local and state governments, metropolitan planning organizations (MPOs), and multijurisdictional entities and are encouraged to apply for available funding from $1,000,000.00 to $10,000,000.00 for eligible uses that support the grant program goals. The Development Services Department, Neighborhood Services Department, and The Fort Worth Lab propose to work collaboratively to apply for and implement the PRO Housing Grant for the purposes of expanding the development of affordable housing within the City of Fort Worth. Eligible activities for the PRO Housing Grant include the following: • Develop, evaluate, and implement housing policy plans • Improve housing strategies • Develop housing in high -opportunity areas • Facilitate affordable housing production and preservation Priority is given by HUD to applicants who demonstrate a commitment to and progress toward overcoming local barriers to affordable housing and have an acute demand for affordable housing. Current and ongoing plans approved or pending approval by City Council already identify the City's tremendous affordable housing needs and also identify barriers to affordable housing and the strategies that would encourage more affordable housing development. Relevant plans include the 2023-2027 HUD Consolidated Plan, the City's Comprehensive Plan, The Economic Development Strategic Plan & Full -Strength Fort Worth, and the Fort Worth Neighborhood Conservation Plan and Housing Affordability Strategy. The PRO -Housing Grant would allow the City an opportunity to fully implement strategies identified in plans through policy development and the development of new programs that support affordable housing development. Funding in an amount up to $10,000,000.00 will be used to support multiple housing affordability and neighborhood conservation strategies. These include, but are not limited to the following: • Establish a Land Bank and Acquire Properties at Risk of Foreclosure or Tax Lien • Encourage Zoning and Land Use Reforms to encourage Affordable Housing Development including: Zoning Diagnostic Studies o Analysis of Fire and Building Codes c Development of new Zoning Ordinances and Zoning Policies, such as Development Bonuses o Development of a Unified Development Code merging the Zoning Code, Subdivision Regulations, and Building Codes into one Comprehensive Document 4 Expanding Mixed -Use Zoning Encourage Transit Oriented Development • Develop a Neighborhood Pattern Book of Pre -Approved Designs for Homes • Expand Fort Worth Housing Finance Corporation (FWHFC) Tools • Create Community Land Trusts (CLTs) • Establish A Capital Fund for Affordable Multifamily Housing Development in High -opportunity Areas (as defined by the Texas Department of Housing and Community Affairs) • Study City Alleyway Policies and Regulations Relating to Housing Development and Alleyway Maintenance • Transit -oriented Development Plans Encouraging Denser Mixed -income Residential Development Surrounding Transit Stations • Land Use & Redevelopment Plans that Lead to Mixed -income Residential Redevelopment of Priority Sites The below listed specific activities are proposed to be undertaken to develop, evaluate, and implement housing policy plans; improve housing strategies; and facilitate affordable housing production and preservation: Proposed Activities ACTIVITY (Develop a Neighborhood Pattern Book of Pre -Approved Designs (Develop a Unified Development Ordinance Establish a Land Bank IMultifamily Housing Development Capital (Alleyway Analysis Expand Mixed Use Zoning through Station Area Planning Retrofit Suburban Malls to Mixed Use and Affordable Housing IITOTAL ESTIMATED COST $1,000,000.00 $950,000.00 $400,000.00 $5,000,000.00 $400,000.00 $750,000.00 $1,500,000.00 $10,000,000.00 A 15-day public comment period will be held from October 2, 2023 to October 17, 2023. Notice of this public comment period will be published in the Fort Worth Star -Telegram on October 1, 2023. A draft of the proposed plan will also be posted on the Neighborhood Services Department website. Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. The City will hold one public hearing as a part of the HUD required citizen participation process. The public hearing is scheduled for the Community Development Council meeting on October 11, 2023. The application is due to HUD on Monday, October 30, 2023. A Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education: United States Department of Housing and 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 Neighborhood Services Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. This is an advance grant. Submitted for Citv Manaaer's Office bv: Fernando Costa 6122 Oriainatina Business Unit Head: Victor Turner 8187 Additional Information Contact: Amy Connolly 7556 Sharon Burkley 5785 Expedited