HomeMy WebLinkAboutContract 46113 CDUy sEC rAW, .
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Performance Grant Agreement
Grant No TXH14F002
Official Contact Person Jesus Chapa
Telephone No. 817-392-2431
FAX No. 817-392-5804
Email No. _iesus.chapa@fort,,vorthtexas.gov
Tax ID No. 756000528
Unit of Government ID No. 481896
DUNS: 073170458
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2014
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$996,018. 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 applicable regulations, as may be amended from time to time,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,
M information and documentation required to meet award conditions, are hereby incorporated into
M
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.
OFFICIAL RECORD
C 07Y SECRETARY
FIT. WORTH,TX
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. 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 by at least one of its employees, or to demonstrate financial
management capacity to carry out the provisions of 24 C.F.R. 85.20. The online training can be
accessed at: http://www.hudhre.info/index.cfm?do=viewHopwaFinancialTraining.
b. The Grantee agrees, and will ensure that any Project Sponsor, contractor, or other participant in
development of the project agrees, that it will not commit or expend Grant Funds or non-Grant
funds on, or undertake, any activity under the project, except for activities that are exempt under 24
C.F.R. 58.34, activities that are excluded under 24 C.F.R. 58.35(b), or relocation assistance that
qualifies under 24 C.F.R. 58.22(f),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
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 accordance with
24 CFR 574.530. 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. State Grantee Cooperation with Local Government Certification, Grantees must obtain a
certification from all affected units of government in which they plan to locate the project site, such
as a community residence, supportive housing facility, or main sponsor office to be used for
managing and dispensing housing assistance under any award of HOPWA funds to a new project
sponsor. The certification is mandatory and must be approved before the contract with the project
sponsor is executed. The documentation should be retained in the grantee's program files and
available for verification during program monitoring.
c. 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;
d. 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;
e. Consistent with 24 CFR 574.310(c), in the case of assistance involving substantial
rehabilitation or acquisition of a building or structure, maintain the assisted structure as a facility
to provide housing or assistance for persons living with HIV/AIDS 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 housing or assistance for persons living with
HIV/AIDS 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;
f. In the case of assistance involving acquisition projects, grantees must comply with HUD
disposition instructions located at 24 CFR 84.32 for nonprofits and 24 CFR 85.31for state,local
governments, and federally recognized Indian tribal governments. OMB recently published
Guidance for Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards which would supersede the Circulars listed here. HUD is implementing regulations
in accordance with the guidance and expects the new regulations will become effective December
26, 2014. FY 2014 grantees will be required to comply with the HUD implementing regulations
when they become effective,but shall not use them before the effective date;
g. 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) database, and the Federal Funding Accountability and Transparency
Act, including Appendix A to 2 C.F.R. part 25 and Appendix A to 2 C.F.R. part 170. In Fiscal Year
2013, SAM replaced the Central Contractor Registration (CCR) database. Additional guidance on
migration to SAM, active records, updates to entity information and registration can be accessed at
https://www.sam.gov.
h. Commit any program income generated from grant-supported activities to the project or other
HOPWA program activities under this Agreement; and
i. 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
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:
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 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.
c
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
By:
(Signature)
Director of Community Planning and Development
(Title)
1 OCT 2014
(Date)
GRANTEE
STATE of By:
(Signature and Title)
(Date)
OR D g°
Y' °00000000
ra
City of Fort Worth Ath*Ud by.-
(Qualifying City/Eligible State) '
On behalf of the MOO.. k 9 Ci ecre*
Eligible Metropolitan Statistical Area/State
By.
(Signatu d Title of Authorized Official)
IiI . avid Cooke,City Manager
(Date)
P'l"Y? 5EC;RETARV
F'rc rdeRTH, TX
Official
CITY COUNCIL AGENDA FORT_ Ill
COUNCIL ACTION: Approved on 8/5/2014 - Ordinance No. 21363-08-2014
CONTINUED FROM A PREVIOUS WEEK
DATE: 7/22/2014 REFERENCE C-26893 LOG NAME: 17HUDACTION PLAN PY2014-
NO.: 2015
CODE: C TYPE: NON- PUBLIC YES
CONSENT HEARING:
SUBJECT: Conduct Two Public Hearings and Approve the City's Action Plan for the Use of Federal
Grant Funds in the Amount of$9,827,252.00 from the United States Department of
Housing and Urban Development for Program Year 2014-2015 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 two public hearings to allow citizen input and consideration of the City's 2014-2015 Action
Plan for use of federal grant funds from the United States Department of Housing and Urban
Development in the amount of $9,827,252.00 for Program Year 2014-2015 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;
2. Approve the City's 2014-2015 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;
3. 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;
4. Authorize the collection and use of an estimated amount of $100,000.00 of program income
resulting from activities using prior years' HOME Investment Partnerships Program funds for the
City's Homebuyer Assistance Program;
5. 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
2014-2015 for Community Development Block Grant, Emergency Solutions Grant and Housing
Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding;
6. Authorize the City Manager or his designee to extend the contracts and Interdepartmental Letters
of Agreement for up to one year if an agency or department requests an extension and such
extension is necessary for completion of the program, or 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;
8. Authorize a waiver of indirect cost rates as applicable for the Grants Fund, in accordance with the
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City's Administrative Regulations; and
9. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations
to the Grants Fund in the total amount of $9,827,252.00 consisting of $6,193,950.00 in Community
Development Block Grant funds, $2,143,383.00 in HOME Investment Partnerships Program funds,
$493,901.00 in Emergency Solutions Grant funds and $996,018.00 in Housing Opportunities for
Persons with AIDS grant funds, plus any program income, all subject to receipt of such funds.
DISCUSSION:
The City's Annual Action Plan summarizes the major housing and community development activities
and proposed expenditures for use of federal grant funds totaling $9,827,252.00 from the United
States Department of Housing and Urban Development (HUD) for Community Development Block
Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG)
and Housing Opportunities for People with AIDS (HOPWA) grant programs for the program year
beginning October 1, 2014 and ending September 30, 2015. This year's Action Plan also
summarizes the use of program income resulting from activities using prior 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.
Staff developed recommendations for the allocation of the estimated funding from HUD and
presented them to the Community Development Council (CDC) on May 21, 2014 and to the City
Council at the Pre-Council meeting on June 10, 2014. Notice of a 30-day public comment period
from July 2, 2014 to July 31, 2014 was published in the Fort Worth Star-Telegram on June 28,
2014. Any comments received will be maintained by the Housing and Economic Development
Department, in accordance with federal regulations. The City will hold two public hearings as part of
the HUD-required citizen participation process, the first on July 22, 2014 and the second on August 5,
2014 at which time the City Council is scheduled to approve the Action Plan. In addition, public
hearings were held on June 24, 2014 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.
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. The Action Plan must be submitted
to HUD by August 15, 2014.
For Program Year 2014-2015, it is recommended that the amount of $6,193,950.00 in CDBG funds
and the estimated amount of$50,000.00 of CDBG program income be allocated as follows:
Public Services - $929,092.50
This item includes social services for low to moderate income, disabled and disadvantage
populations.
Housing Programs and Services -$2,150,600.00
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.
CDBG Match Funds -$500,000.00
This item includes match funds for the Lead Grant program.
{
Infrastructure Services -$638,126.80
This item includes funding for reconstruction of neighborhood streets.
CDBG Economic Development -$737,340.70
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 reconstruction of
r
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neighborhood streets.
CDBG General Administration -$1,238,790.00
This item includes costs for administering the CDBG grant including allocations for Financial
Management Services, Internal Audit and Transportation and Public Works Departments.
For Program Year 2014-2015, it is recommended that the amount of $2,143,383.00 in HOME funds
and the estimated amount of$100,000.00 of HOME program income be allocated as follows:
Homebuyer Assistance Program -$1,097,405.70
This items includes funding for down payment and/or closing cost assistance to low and moderate
income homebuyers.
Community Development Housing Organizations (CHDO) Set Aside -$321,507.40
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 to complete the
Hillside Morningside Neighborhood Single Family Infill Development which will result in the
construction of up to 17 single family houses by the Tarrant County Housing Partnership CHDO.
Multifamily Development -$510,131.60
Funding will be used for the Columbia at Renaissance Square, an approximately 140-unit mixed
income development, with 28 market rate units. The rest of the units will provide quality affordable
housing to Fort Worth families with incomes at or below 80 percent of Area Median Income. The
development will be located at 3801 W.G. Daniels Drive in Council District 8.
HOME General Administration -$214,338.30
This item includes costs for administering the HOME grant.
HOME Estimated Program Income -$100,000.00
The program income will be used in the City's Homebuyer Assistance Program.
For Program Year 2014-2015, it is recommended that the amount of $996,018.00 in HOPWA funds
be allocated as follows:
Non-Profit Service Providers - $966,137.46
HOPWA Program Administration -$29,880.54
For Program Year 2014-2015, it is recommended that the amount of $493,901.00 in ESG funds be
allocated as follows:
Non-Profit Service Providers -$456,858.42
ESG Program Administration -$37,042.58
The CDC and Staff recommend that contracts be executed with the agencies listed below in the
amounts shown in the following tables:
Community Development Block Grant:
Table 1 -CDBG Agencies
Organization Program Amount
i— �- ----- ---- ----i------- .-_ _
Page 3 of 5
1Women's Center of Tarrant County (Senior Services J$ 75,000.00
tSenior Citizens of Greater Tarrant Senior Services
unty 93,092.50
JYMCA of Metropolitan Fort Worth IChild Care Services F�_ 50,000.00
YWCA of Fort Worth and Tarrant Child Development [$ 50,000.00
County
lChildcare Associates 1ChiId Care Services Fs50,000.00
JGirls Inc. of Tarrant County ___JYouth Services J$ 75,000.00
JCamp Fire IYouth Services —[$-75,000.00
1Lena Pope Home _JYouth Services J$ 75,000.00
Ladder Alliance lEmpioyment/job Training J$ 75,000.00
Tarrant County Housing Partnership Counseling & $ 124,000.00
(Housing
ucation
Presbyterian Night Shelter (Case Management/Main 82,000.00
Shelter Fs
(Meals I on Wheels of Tarrant County Home-delivered Meals $ 105,000.00
�Program
_r
1CDBG Public Service Subtotal F$ 929,092.50
REACH Resource Center on [Need-Project Ramps 1$ 75,000.00
Independent Living
[Total CDBG Contracts 1$1,004,092.50
*REACH will be funded from the CDBG Housing Programs budget
Housing Opportunities For Persons With AIDS:
Table 2 - HOPWA Agencies
F Organization Program Amount
Samaritan Tarrant County Administration (seven percent) and Supportive
Housing, Services $409,380.46
s Inc.
Administration (seven percent), Supportive
AIDS Outreach Services, Tenant Based Rental Assistance $556,757.00
Center, Inc. (TBRA), and Short Term Rent Mortgage and Utility
Assistance (STRMU)
TOTAL HOPWA
Contracts 966,137.46
F�
Emergency Solutions Grant:
Table 3 - ESG Agencies
Organization Program Amount
SafeHa ven of Tarrant County Shelter Services $ 85,065.00
Presbyterian Night Shelter Shelter Services $ 95,544.00
Day Resource Center for the
Shelter Services $115,732.00
Homeless
J
The Salvation Army, a Georgia Homelessness Prevention/Rapid $ 43,136.00
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Corporation Re-Housing
Catholic Charities of Fort Worth Homelessness Prevention/Rapid $117,381.42
F Re-Housing
�U TOTAL ESG Contracts _ $456,858.42
These programs are available in ALL COUNCIL DISTRICTS.
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 FROM Fund/Account/Centers
GR76 451727 01720672OXXX $6.193.950.00
GR76 5XXXXX 01720672OXXX $6,193.950.00
GR76 451727 017206721XXX $2,143,383.00
GR76 5XXXXX $2,143,383.00
017206721XXX
GR76 451727 017206723XXX $493,901.00
GR76 5XXXXX 017206723XXX $493,901.00
GR76 451727 017206724XXX $996,018.00
GR76 5XXXXX 017206724XXX $996.018.00
GR76 476091 01720672OXXX $50,000.00
GR76 5XXXXX 01720672OXXX $50,000.00
GR76 476076 017206721XXX $100,000.00
GR76 5XXXXX 017206721XXX $100,000.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Jay Chapa (5804)
Additional Information Contact: Cynthia Garcia (8187)
Leticia Rodriguez (7319)
ATTACHMENTS
17HUDACTION PLAN PY2014-2015 AO 2014.docx
Action Plan 14 -15.pdf
PROPOSED 2014 CDBG Streets Attachment.pdf
I
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