RES 2005-0149 - Grant agmt with US department of housing and urban development for homeless to homeownership project °Mr.N,t.NFa Planning Department
RECEIVED
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V tit PH �}2 ¢ Omaha,Nebraska 68183
A ro DPIACH (402)444-5150
o4r�A Faea3�y l �f �.t;f i Telefax(402)444-6140
rt{, � �L RobertC.Peters
City of Omaha Director
Mike Fahey,Mayor
February 1, 2005
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Honorable President
and Members of the City Council,
The attached Resolution authorizes the City of Omaha to accept and the Mayor to execute a grant
agreement between the City of Omaha and the U. S. Department of Housing and Urban
Development (HUD) for funding under HUD's 2003 Continuum of Care - Supportive Housing
Program. This funding, in the amount of $30,870.00, will be used to provide services to
homeless individuals and families through the New Creations, Inc., project entitled, "Homeless
to Homeownership" (FY 2003, Fund 12184, Organization 129023).
In April of 2003, HUD advertised its competition for the new round of Continuum of Care for
the Homeless Assistance designed to help communities develop "continuum of care" systems for
combating homelessness. Upon learning of the available funding, the Planning Department
undertook an inclusive effort to develop proposals from members of the Omaha Area Continuum.
of Care for the Homeless and to establish project priorities. All "continuum" agencies and
programs were invited to participate in this process.
Thirteen projects were conditionally selected by HUD for funding. The total amount of
supportive housing funding for all thirteen projects is $2,093,368.00.
Upon approval of this Resolution, a separate subrecipient agreement for the sub-grantee (i.e.,
New Creations, Inc.) will be forwarded to the City Council for approval. This and the other
Continuum of Care Projects considered for funding will help provide a comprehensive approach
to the development and implementation of housing and service delivery programs designed to
help homeless individuals and families move to permanent housing and self-sufficiency.
Honorable President
and Members of the City Council
Page 2
This Resolution authorizes the Mayor to approve all revisions to this Supportive Housing
Program Grant Agreement, as approved by HUD, except that revisions involving a change in the
subrecipient, a change in the project site, or a change in the category of participants to be served
shall require the prior approval of the City Council.
We urge your favorable consideration of this Resolution.
Sincerely, Referred to City Council for Consideration:
7171- 12
Robert C. Peters ate Mayors Office Date
Planning Director
Approved as to Funding: Approved:
14\OS y/o ci
Carol A. Ebdon Date Gail Kinsey hompson son / Date
Ai:
Finance Director i3.6' Human Relations Director
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Pq ENT 0E+
o r '?0 U.S. Department of Housing and Urban Development
* I] * Nebraska State Office
ao IIIIIIII / Executive Tower Centre
�� 10909 Mill Valley Road
eq�'OEV09 Omaha, Nebraska 68154-3955
2003 SUPPORTIVE HOUSING PROGRAM
RENEWAL GRANT AGREEMENT
This Grant Agreement is made by and between the United States Department of Housing
and Urban Development (HUD) and City of Omaha, 1819 Farnam Street, Suite 1100, Omaha,
NE, 68183-0110, the Recipient, whose Tax ID number is 47-6006304 for Project Number
NE26B301013/Project Identifier Number NE33029 to be located at 4460 Redman Avenue,
Omaha, NE 68111-1450.
The assistance which is the subject of this Grant Agreement is authorized by the
McKinney-Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter "the Act"). The term
"grant" or "grant funds" means the assistance provided under this Agreement. This grant
agreement will be governed by the Act, the Supportive Housing rule codified at 24 CFR 583, as
amended by 68 FR 56396 on September 30, 2003, both of which are attached hereto and made a
part hereof as Attachment A, and the Notice of Fund Availability (NOFA) published April 25,
2003 at 68 FR 21581. The term "Application" means the original and renewal application
submissions on the basis of which a Grant was approved by HUD, including the certifications
and assurances and any information or documentation required to meet any grant award
conditions. The Application is incorporated herein as part of this Agreement, however, in the
event of conflict between the provisions of those documents and any provision contained herein,
this Renewal Grant Agreement shall control. The Secretary agrees, subject to the terms of the
Grant Agreement, to provide the grant funds in the amount specified below for the approved
project described in the Application.
Although this agreement will become effective only upon the execution hereof by both
parties, upon execution, the term of this agreement shall run from the end of the Recipient's final
operating year under the original Grant Agreement for a period of one (1) year. Eligible costs, as
defined by the Act and Attachment A, incurred between the end of Recipient's final operating
year under the original Grant Agreement and the execution of this Renewal Grant Agreement
may be paid with funds from the first operating year of this Renewal Grant.
HUD's total fund obligation for this project is $30,870.00, allocated as follows:
1. Grant for Operating $ 11,025.00
2. Grant for Supportive Services $ 18,375.00
3. Grant for Leasing $ 0.00
4. HMIS $ 0.00
5. Grant for Administration $ 1,470.00
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The Recipient must provide a 25 percent cash match for supportive services pursuant to
HUD's FY 2003 Appropriations Act.
The Recipient agrees to comply with all requirements of this Grant Agreement and to
accept responsibility for such compliance by any entities to which it makes grant funds available.
The Recipient agrees to participate in a local Homeless Management Information System
(HMIS) when implemented.
HUD notifications to the Recipient shall be to the address of the Recipient as written
above, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to
the HUD Field Office executing the Grant Agreement. No right, benefit, or advantage of the
Recipient hereunder be assigned without prior written approval of HUD.
For any project funded by this grant which is also financed through the use of the Low
Income Housing Tax Credit, the following applies:
HUD recognizes that the Recipient or the project sponsor will or has financed this
project through the use of the Low-Income Housing Tax Credit. The Recipient or
project sponsor shall be the general partner of a limited partnership formed for.
that purpose. If grant funds were used for acquisition, rehabilitation or
construction, then, throughout a period of twenty years from the date of initial
occupancy or the initial service provision, the Recipient or project sponsor shall
continue as general partner and shall ensure that the project is operated in
accordance with the requirements of this Grant Agreement, the applicable
regulations and statutes. Further, the said limited partnership shall own the
project site throughout that twenty year period. If grant funds were not used for
acquisition, rehabilitation or new construction, then the period shall not be twenty
years, but shall be for the term of the grant agreement and any renewal thereof.
Failure to comply with the terms of this paragraph shall constitute a default under
the Grant Agreement.
A default shall consist of any use of grant funds for a purpose other than as authorized by
this Grant Agreement, failure in the Recipient's duty to provide the supportive housing for the
minimum term in accordance with the requirements of Attachment A, noncompliance with the
Act or Attachment A provisions, any other material breach of the Grant Agreement, or
misrepresentations in the application submissions which, if known by HUD, would have resulted
in this grant not being provided. Upon due notice to the Recipient of the occurrence of any such
default and the provision of a reasonable opportunity to respond, HUD may take one or more of
the following actions:
(a) direct the Recipient to submit progress schedules for completing approved activities;
or
3
(b) issue a letter of warning advising the Recipient of the default, establishing a date by
which corrective actions must be completed and putting the Recipient on notice that
more serious actions will be taken if the default is not corrected or is repeated; or
(c) direct the Recipient to establish and maintain a management plan that assigns
responsibilities for carrying out remedial actions; or
(d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity;
or
(e) reduce or recapture the grant; or
(f) direct the Recipient to reimburse the program accounts for costs inappropriately
charged to the program; or
(g) continue the grant with a substitute recipient of HUD's choosing; or
(h) 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.
No delay or omission by HUD in exercising any right or remedy available to it under this
Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in
any Recipient default.
For each operating year in which funding is received, the Recipient shall file annual
certifications with HUD that the supportive housing has been provided in accordance with the
requirements of the Grant Agreement.
This Grant Agreement constitutes the entire agreement between the parties hereto, and
may be amended only in writing executed by HUD and the Recipient. More specifically, the
Recipient shall not change recipients, location, services, or population to be served nor shift
more than 10 percent of funds from one approved type of activity to another, or make any other
significant change, without the prior written approval of HUD.
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SIGNATURES
This Grant Agreement is hereby executed as follows:
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
B : W ���5 4iz
Y 2 Signature and Date L
Patricia M. McCauley
Typed name of signatory
Program Manager
Title
RECIPIENT
City of Omaha
Name of Organization
By:
/0-3
Authorized Signatu and Date
Mike Fahey
Typed name of signatory
Mayor
Title
David Thomas, 402-444-6829; 402-444-6140
Official Contact Person,Telephone No. and Fax No.
ATTEST.: " APPROVED AS TO FORM:
446-
C ty Clerk of the ity of Omaha Assistant City Attorney
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, on April 25, 2003, the U. S. Department of Housing and
Urban Development published in the Federal Register a Notice of Funding Availability for
Continuum of Care Homeless Assistance designed to help communities develop Continuum of
Care systems to assist homeless persons; and,
WHEREAS, the Omaha Area Continuum of Care for the Homeless is comprised
of organizations providing shelter and services to homeless individuals and families on an area-
wide basis; and,
WHEREAS, the City of Omaha undertook an inclusive community process for
developing and implementing a Continuum of Care strategy which included participation by the
membership of the Omaha Area Continuum of Care for the Homeless; and,
WHEREAS, the City of Omaha developed and submitted to the U. S. Department
of Housing and Urban Development a consolidated application with, among others, Family
Service, Nebraska Legal Services, Community Alliance, New Creations, Inc., The Visiting
Nurse Association, Youth Emergency Services, and The Salvation Army for Continuum of Care
- Supportive Housing Assistance; and,
WHEREAS, on April 15, 2004, the U. S. Department of Housing and Urban
Development notified the City of Omaha of the selection of The New Creation, Inc., project
entitled, "Homeless to Homeownership" for funding under the Fiscal Year 2003 Supportive
Housing Program; and,
WHEREAS, the U. S. Department of Housing and Urban Development has
awarded Supportive Housing funds and has assigned a grant project number for the Project
Sponsor as follows: NE26B301013 for the "Homeless to Homeownership" in the amount of
$30,870.00 (FY 2003, Fund 12184, Organization 129023); and,
By
Councilmember
Adopted
City Clerk
Approved
Mayor
c-25a CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
PAGE 2
WHEREAS, Supportive Housing assistance for Omaha's Continuum of Care
programs will help provide a much needed comprehensive approach to the development and
implementation of housing and service delivery programs to help homeless individuals and
families move to permanent housing and self-sufficiency; and,
WHEREAS, this Resolution shall authorize the Mayor of the City of Omaha to
execute required Supportive Housing Program grant agreements with the U. S. Department of
Housing and Urban Development(HUD); and,
WHEREAS, from time to time it is necessary for HUD and the City to make
revisions to such Supportive Housing Program grant agreements including the shifting of funds
among categories and additions or deletions in the line items within Support Services and
Operations Budgets which additions and deletions do not change the original contract amount;
and,
WHEREAS, it is in the best interest of the City for the City Council to authorize
the Mayor to approve all revisions to this Supportive Housing Program Grant Agreement, as
approved by HUD; except that revisions involving a change in the subrecipient, a change in the
project site, or a change in the category of participants to be served are considered substantial
changes requiring the prior approval of the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the City accepts and the Mayor is authorized to execute the following
Supportive Housing Program Grant Agreement between the City of Omaha and the US
Department of Housing and Urban Development: NE26B301013 for the "Homeless to
Homeownership" project in the amount of $30,870.00 (FY 2003, Fund 12184, Organization
129023).
By
Councilmember
Adopted
City Clerk
Approved
Mayor
C-25A , CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
PAGE 3
BE IT FURTHER RESOLVED:
THAT, the Mayor is authorized to approve all revisions to this Supportive
Housing Program Grant Agreement, as approved by HUD, except that revisions involving a
change in the subrecipient, a change in the project site, or a change in the category of participants
to be served shall require the prior approval of the City Council.
P:\PLN2\10540pjm.doc APP ED AS TO FORM:
CITY ATTORNEY DATE
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By
ouncilmember
Adopted X
FEB - 1 2005 7 6
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City Clerk
Approved... =
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