HomeMy WebLinkAboutContract 62003Docusign Envelope ID: 9A9DC8D9-293C-4534-91 B5-5E8B80EA8A66 U.S. Department of Housing and Urban Development
Funding Approval and HOME Office of Community Planning and Development
Investment Partnerships Agreement CSC No. 62003
Title II of the National Affordable Housing Act
Assistance Listings #14.239 - HOME Investment Partnerships Program
1. Grantee Name (must match the name associated with 3b.) and 12. Grant Number (Federal Award Identification Number (FAIN))
Address M24-MC480204
City of Fort Worth 13a Tax Identification Number 3b. Unique Entity Identifier (formerly DUNS)
100 Fort Worth Trail 756000528 ENS6MKS1ZL18
Fort Worth, TX 76102
6. Previous Obligation (Enter "0" for initial FY allocation)
a. Formula Funds
4. Appropriation Number 5. Budget Period Start and End Date
86 4/7 0205 FY 2024 through FY 2032
7. Budget Approved by the Federal Awarding Agency/Current Transaction (+ or -)
a. Formula Funds
1. CHDO (For deobligations only)
2. Non- CHDO (For deobligations only)
8. Revised Obligation
a. Formula Funds
9. Special Conditions (check applicable box)
❑ Not applicable ® Attached
11. Indirect Cost Rate*
See Addendum
$0.00
1$2,763,143.59
$2,763,143.59
I$
$
10. Federal Award Date (HUD Official's Signature Date)
(mm/dd/yyyy) 9/6/2024
12. Period of Performance Start and End Date
Date in Box #10 - 09/30/2033
This Agreement between the Department of Housing and Urban Development (HUD) and the Grantee is made pursuant to the authority of the HOME Investment Partnerships
Act (42 U.S.C. 12701 at seq.). The Grantee's approved Consolidated Plan submission/Application, the HUD regulations at 24 CFR Part 92 (as is now in effect and as may be
amended from time to time) and this HOME Investment Partnership Agreement, form HUD-40093, including any special conditions, constitute part of this Agreement. Subject to
the provisions of this Agreement, HUD will make the funds for the Fiscal Year specified, available to the Grantee upon execution of this Agreement by the parties. All funds for the
specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD, without the Grantee's execution of the
amendment or other consent. HUD's payment of funds under this Agreement is subject to the Grantee's compliance with HUD's electronic funds transfer and information reporting
procedures issued pursuant to 24 CFR 92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobligate funds
previously awarded to the Grantee without the Grantee's execution of the amendment or other consent. The Grantee agrees that funds invested in affordable housing under 24
CFR Part 92 are repayable when the housing no longer qualifies as affordable housing. Repayment shall be made as specified in 24 CFR Part 92. The Grantee agrees to assume
all of the responsibility for environmental review, decision making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58.
The Grantee must comply with the applicable requirements at 2 CFR part 200 that are incorporated by the program regulations, as may be amended from time to time. Where
any previous or future amendments to 2 CFR part 200 replace or renumber sections of part 200 that are cited specifically in the program regulations, activities carried out under the
grant after the effective date of the part 200 amendments will be governed by the 2 CFR part 200 requirements as replaced or renumbered by the part 200 amendments.
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 must complete the Addendum to Agreement Grantee Indirect Cost Rate(s) (Addendum) and return it to HUD with this Agreement. The Addendum will be incorporated
into and made part of this Agreement, if, and only if, the rate information provided by Grantee in the Addendum is consistent with the applicable requirements under 2 CFR part
200. 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.
The Grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Universal Numbering System and System for Award
Management (SAM) requirements in Appendix I to 2 CFR part 200, and the Federal Funding Accountability and Transparency Act (FFATA) in Appendix A to 2 CFR part 170.
The Period of Performance for the funding assistance shall begin on the date specified in item 12 and shall end on September 11 of the 611 fiscal year after the expiration of
the period of availability for obligation. Funds remaining in the account will be cancelled and thereafter not available for obligation or expenditure for any purpose. Per 31 U.S.C.
1552. The Grantee shall not incur any obligations to be paid with such assistance after the end of the Period of Performance.
The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 U.S.C. 8301 note, and all applicable rules and notices, as may be 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 FIR 17001) 2023-05698.odf (oovinfo.00v), any funds obligated by HUD on or after the applicable
listed effective dates, are subject to BABA requirements, unless excepted by a waiver.
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 reports such incidents to both the HUD official responsible for the award and to HUD's Office of Inspector General (OIG). HUD DIG 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 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 of: 1. Gross mismanagement of a 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.
13. For the U.S. Department of HUD (Name and Title of Authorized Official) 14. Signature 15. Date
Shirley J. Henley, CPD Director 9/6/2024
16. For the Grantee (Name and Title of Authorized Official) 54ignature 18. Date
Fernando Costa, Assistant City Manager 5T Sep 18, 2024
OFFICIAL RECORD
CITY SECRETARY
Page 1 form HUD-40093
FT. WORTH, TX
Docusign_ Envelope ID: 9A9DC8D9-293C-4534-91B5-5E8B80EA8A66
® Initial Agreement ❑ Amendment #
20. Funding Information: HOME
Source of Funds Appropriation Code PAS Code Amount
2024 86 417 0205 HMF (N) $2,760,060.24
2023 86 316 0205 HMF (M) $3,083.35
Page 2 form HUD-40093
Docusign Envelope ID: 9A9DC8D9-293C-4534-91 B5-5E8B80EA8A66
hUUUJLIUUJIII LU agreement M24-MC480204
Grantee Indirect Cost Rate(s)
As the duly authorized representative of the Grantee, I certify that the Grantee:
R 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 Indirect cost rate Type of Direct Cost Base
Instructions for the Grantee's Authorized Representative:
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.
Name of Authorized Official: Signature: Date (mm/dd/yyyy):
Fernando Costa
Title:
X'57-""��`-- Sip 18, 2024
Assistant Citv Manaeer
The table following the third box must be compietea only it ttiat box is ctiectced. When listing a rate in the table, enter
both the percentage amount (e.g., 10%) 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; Appendix IV to Part 200 (for nonprofit
organizations); and Appendix VII to Part 200 (for state and local governments).
Page 3 form HUD-40093
Docusign Envelope ID: 9A9DC8D9-293C-4534-91B5-5E8B80EA8A66
X110-.... ..,... 11F.. 111r. L• . rproval and HOME Investment Partnerships Agreement
General Instructions: This Agreement is used for
one of three purposes: 1) the initial Agreement
between HUD and the Participating Jurisdiction (PJ)
that obligates HOME formula funds; 2) the initial
Agreement between HUD and the PJ/entity that
obligates Community Housing Development
Organization (CHDO) competitive reallocation
funds; 3) the amendment to the Agreement that
deobligates an amount of a PJ/entity's HOME funds
previously obligated because of a reduction of funds
by HUD.
For all initial Aereements - The Agreement (HUD-
40093) must have an original or electronic signature
by the appropriate HUD official, who is usually the
Community Planning and Development (CPD)
Director in the Field Office. After the HUD official
signs the Agreement, it must be sent to the
jurisdiction (or entity) for signature. The jurisdiction
(or entity) must sign or electronically sign the
Agreement and should retain a copy for its records.
The jurisdiction (or entity) must return the signed
Agreement to the HUD Field Office. The HUD Field
Office must forward the executed Agreement to the
CFO National Accounting Center for recording and
retain a copy for the Field Office files.
For amendments to the Agreement that deoblieate
funds because of a reduction by HUD - after
notification from the Headquarters' Office of
Affordable Housing (OAHP) to proceed, the
Agreement (HUD-40093) must be signed or
electronically signed by the appropriate HUD official,
who is usually the CPD Director in the Field Office. It
is not necessary to have the jurisdiction sign the form.
(Also, please See #8 below) The Field Office should
send one copy to the jurisdiction (or entity) for its
records. Forward the HUD signed amendment to the
CFO National Accounting Center to initiate the
deobligation. Email a copy to Headquarters, OAHP,
Financial and Information Services Division so that
Headquarters can track the deobligation. Retain a copy
for the Field Office files.
1. Participant Name and Address. The
participating jurisdiction's (or entity's) name and
address as shown in Box 4 of Standard Form 424.
2. Grant Number. The applicable grant number
assigned by the HUD for the Pi/entity that
corresponds to the fiscal year source of funds for
this transaction.
3a. Tax Identification Number. Enter the Tax
(Employer). Identification Number (TIN) shown
in Box 8b of Standard Form 424. For jurisdictions
(or entities) that are already participating in the
HOME Program, this must be the TIN associated
with the jurisdiction (or entity) for the HOME
Program.
3b. Unique Entity Identifier. The identifier required
for SAM registration to uniquely identify business
entities shown in Box 8c of Standard Form 424
(formerly known as DUNS). For jurisdictions (or
entities) that are already participating in the
HOME Program, this must be the Unique Entity
Identifier associated with the jurisdiction (or
entity) for the HOME Program.
4. Appropriation Number. The Appropriation
Number from the HUD-185 sub -assigning funds
for the Fiscal Year source of funds for this
transaction.
5. Budget Start and End Date. Indicate the fiscal
years of funds for this transaction.
6. Previous Obligation. Enter the total amount of
funds that have been previously obligated for this
participant for this FY source of funds.
a. Formula Funds. Enter the total amount of
formula funds previously obligated to the
participant. If this is the funding approval
form for the participant's initial allocation for
the fiscal year, the amount will be "0". If this
is a funding approval form for reallocating or
deobligating funds, enter the amount from
Box 7 of the previously submitted form
HUD-40093 for the FY identified in Box 5.
b. Community Housing Development
Organization (CHDO) Competitive
Reallocation. Enter the amount of funds
previously obligated to the PJ/entity by
competition for CHDOs. If this is a funding
approval form for reallocating or
deobligating funds previously allocated by
competition for CHDOs, enter the amount
from Box 7 of the previously submitted form
HUD-40093 for the FY identified in Box 5.
7. Current Transaction. Enter the total amount of
funds for this action. Indicate a deobligation either
by placing parentheses around the amount
deobligated or a minus sign before the amount
deobligated.
a. Formula Funds. Of the amount indicated in
Box 7, indicate the amount that is for formula
funds. If this is a formula fund deobligation,
show the distribution of that amount of funds
in Box 7a.1 CHDO funds and/or Box 7a.2
non-CHDO funds.
1. CHDO. Of the amount indicated in Box
7a, indicate the amount that is CHDO
funds. If none, enter "0." Note: If this is
a CHDO competitive reallocation, enter
the amount in 7b.
Page 4 form HUD-40093
Docusign Envelope ID: 9A9DC8D9-293C-4534-91 B5-5E8B80EA8A66
Instructions for Completing the Funding Approval and HOME Investment Partnerships Agreement
2. Non-CHDO. Of the amount indicated in
Box 7a, indicate the amount that is Non-
CHDO funds. If none, enter "0.
b. CHDO Competitive Reallocation or
Deobligation. Of the amount indicated in
Box 7, indicate the amount that is reallocated
or deobligated from the CHDO competition
funds.
8. Revised Obligation. Enter the total amount of
funds available to the jurisdiction (or entity) after
this transaction (Box 6 plus/minus Box 7). Most
grants have several source years of funds,
therefore, the funding information in #20 must be
filled out with the applicable source year of funds
and amounts to be deobligated.
a. Formula Funds. Enter the total amount of
formula funds available to the participating
jurisdiction after this transaction (Box 6a
plus/minus Box 7a).
b. CHDO Competitive Reallocation. Enter the
total amount of funds available to the
PJ/entity as a competitive reallocation for
CHDOs after this transaction (Box 6b
plus/minus Box 7b).
9. Special Conditions. If applicable, check the box
and attach any special conditions that are part of
the Agreement.
10. Federal Award Date. This is the date of
obligation which is the initial date of the HUD
Authorized Official's signature (Box 15) This
date of the initial obligation does not change
regardless of the Agreement being amended for a
deobligation because of a reduction by HUD.
11. Indirect Cost Rate. If funding assistance will be
used for payment of indirect costs pursuant to 2
CFR 200, Subpart E-Cost Principles, complete the
Addendum to Agreement Grantee (Indirect Cost
Rate(s), including the name of the
department/agency, its indirect cost rate
(including if the de minimis rate is charged per 2
§ CFR 200.414(f)), and the direct cost base to
which the rate will be applied (for example,
Modified Total Direct Costs (MTCD)). If the rate
information provided by Recipient in the
Addendum is consistent with the applicable
requirements in 2 CFR Part 200, the Addendum
will be incorporated into and made part of the
Agreement. The Recipient also shall provide
HUD with a revised schedule if changes occur,
and shall become incorporated herein upon
HUD's amendment to the Agreement. If there are
more than four agencies/departments carrying out
activities with the Funding Assistance, attach a
list with the additional agencies/departments that
will carry out activities with the Funding
Assistance. Do not include indirect cost rates for
subrecipients.
12. Period of Performance. Performance begins on
the initial date of the HUD Authorized
Official's signature (Box 15 and Box 10) and
ends on September 30tht of the 6' fiscal year after
the expiration of the period of availability for
obligation.
13. For the U.S. Department of HUD (Name and
Title of Authorized Official). Enter the name and
title of the HUD official who is authorized to sign
the Agreement on behalf of HUD. This is usually
the Field Office CPD Director.
14. Signature. The authorized HUD official signs the
Agreement here.
15. Date. Enter the date the authorized HUD official
signed the form. In the case of initial agreements.
This is also the same date as the Federal Award
Date, date of obligation (Box 10).
16. For the Participating Jurisdiction/Entity
(Name and Title of Authorized Office). Enter
the name and title of the official authorized to sign
on behalf of the participating jurisdiction/entity.
This is not required if the Agreement is being
amended for a deobligation because of a reduction
by HUD.
17. Signature of PJ/Entity Official. The PJ/entity
official signs the Agreement here. This is not
required if the Agreement is being amended for a
deobligation because of a reduction by HUD.
18. Date. Enter the date the PJ/Entity official signs
the Agreement. This is not required if the
Agreement is being amended for a deobligation
because of a reduction by HUD.
5 form HUD-40093
Docusign Envelope ID: 9A9DC8D9-293C-4534-91 B5-5E8B80EA8A66
Instructions for Completing the Funding Approval and HOME Investment Partnerships Agreement
19. Type of Agreement. Check either Initial 20. Funding Information. For each source year of
Agreement or Amendment #. If an amendment, funding, the following information is provided:
indicate the amendment number. Source year of Funds, Appropriation Code, PAS
Code (with fiscal year indicator code), and
amount.
6 form HUD-40093
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and administration
of this contract, including ensuring all performance and reporting requirements.
t-, Y'V-
Chad La,Roque (Sep 17, 202411:03 CDT)
had LaRoque, Housing Development Manager
Neighborhood Services Department
K"
Kacey Bess, Director
Neighborhood Services Department
Approved as to form and legality:
LeVieunt (Sep 1818, 20 CDT)
Leslie L. Hunt, Senior Assistant City Attorney
Reviewed/Approved:
K l&
Ronald Gonzales, Assistant City Secretary , Woo(
Attest: o^
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Jannette S. Goodall, City Secretary ��� TEXpSoa�"
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX