RES 2003-0703 - Agmt with US HUD for public health nurse services to men, women & children residing in homeless shelters �R r P E` V
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n® i/e it ro Omaha,Nebraska 68183-0002
(402)444-5200
O?'��D FE003 (402)444-5150
June 3, 2003 n C r Y L`p Telefax(402)444-6140
City of Omaha N'LRA S A Robert C.Peters
Mike Fahey,Mayor
Director
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 2002 Continuum of Care - Supportive Housing
Program. This funding, in the amount of $162,628.00, will be used to provide services to
homeless individuals and families through The Visiting Nurses Association project entitled,
"Public Health Nurse Services to Men, Women & Children Residing in Homeless Shelters" (FY
2002,Fund 12184, Organization 129022).
In March of 2002, 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.
Ten projects were conditionally selected by HUD for funding. The total amount of supportive
housing funding for all ten projects is $2,049,341.00.
Upon approval of this Resolution, a separate subrecipient agreement for the sub-grantee (i.e.,
Visiting Nurse Association) 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:
1' • g_f S-7')/9-2
Robert C. Peters Date ekOffice Date
Planning Director
Approved as to Funding: Approved:
1- 5/43 5-* 7.6 3
Stanley P. Ti � Date Re in d L. Young Piing.
Date
Finance Direc or k' A4'0 Human Relations Director
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10ENT�F,
�QP oo �� y�c U.S. Department of Housing and Urban Development
D *O * Nebraska State Office
oG IIIIIIII ��a Executive Tower Centre
e 10909 Mill Valley Road
-4N EVE� Omaha, Nebraska 681 54-39 5 5
2002 Supportive Housing Grant Agreement-New
This Grant Agreement is made by and between the United States Department of Housing and
Urban Development (HUD) and the City of Omaha, Omaha/Douglas Civic Center, 1819 Farnam Street,
Omaha, NE 68183, the Recipient, whose Tax ID number is 476006304 for Project Number
NE26B201009 (PIN — NE33008), as described on pages 217 through 237 of the Application, and as
identified below:
Project Name: Public Health Nurse Services to Men, Women & Children Residing in Homeless
Shelters
Project Sponsor: Visiting Nurse Association
Project Location: 1941 So.42"d Street, Omaha,Nebraska
The assistance which is the subject of this Grant Agreement is authorized by the McKinney-
Vento Homeless Assistance Act. (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, attached hereto and made a part hereof as Attachment
A, and the Notice of Fund Availability (NOFA), published March 26, 2002 in the Federal Register. The
term "Application" means the application submission on the basis of which HUD, including the
certifications and assurances and any information or documentation required to meet any grant award
conditions, on the basis of which HUD approved a grant. The Application is incorporated herein as part
of this Agreement,however, in the event of a conflict between any part of the Application and any part of
the Grant Agreement, the latter 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.
HUD's total fund obligation for this project is $ 162,628 .
The Recipient must provide a 25 percent cash match for supportive services pursuant to HUD's
FY 2001 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.
If the Recipient is a State or other governmental entity required to assume environmental
responsibility, it agrees that no costs to be paid or reimbursed with grant funds will be incurred before the
completion of such responsibilities and HUD approval of any required Request for Release of Funds.
If, in the application, the Recipient indicated that activities in any project will be carried out in an
Empowerment Zone, an Enterprise Community, or an Enhanced Enterprise Community, as designated by
HUD or the Department of Agriculture, the Recipient agrees to give priority placement in that project to
2
eligible persons whose last known address was within the designated EZ/EC area or who are homeless
persons living on the streets or in shelters within the designated areas.
HUD notifications to the Recipient shall be to the address of the Recipient as stated in the
Application, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the
HUD Field Office executing the Grant Agreement. No change may be made to the project nor any 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.
For any project receiving funds for acquisition, construction or rehabilitation, the following
applies:
The Recipient is required to execute and file for record a deed restriction, covenant running with
the land or similar arrangement that will assure to HUD's satisfaction, compliance with the twenty-year
term of commitment and a lien against the property, in a form to be approved by HUD, to secure HUD's
interest in the repayment of the grant.
If the Recipient and/or subrecipient wishes to sell or otherwise dispose of the assisted real
property, they must request and receive written approval from the Department to dispose of the real
property, advertise that disposition conditions apply to the assisted property, and abide by any other terms
or conditions prescribed by HUD in the approval letter.
For projects involving acquisition, compliance with the recording requirement must be
documented before release of any funds other than acquisition funds. For projects involving new
construction or rehabilitation activities, compliance must be documented prior to the first release of
federal funds. Evidence will be an original, executed document, in a form satisfactory to HUD,
accompanied by a recording receipt. Upon completion of recordation, Recipient will provide HUD with
an original,executed,recorded document.
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 the Attachment A provisions, 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.
3
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
(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.
Recipients of assistance for acquisition, rehabilitation, or new construction shall file a
certification of continued use for supportive housing for each year of the 20 year period from the date of
initial occupancy.
This Grant Agreement constitutes the entire agreement between the parties hereto, and may be
amended only in writing executed by HUD and the Recipient. The effective date of this Grant Agreement
shall be the date of execution by HUD, except with prior written approval by HUD.
4
SIGNATURES
This Grant Agreement is hereby executed as follows:
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
By: _ 4 ' -2-v--at3'`/.7a ytT3
Signa and Date
Gregory A. Bevirt
Typed name of signatory
Director,Community Planning and Development Division
Title
RECIPIENT
City of Omaha
Name of Organization
By:
6 -03
Authorized Signatur and Date
Franklin 'Thompson
Typed name of signatory
Acting_Mayor,ICity1of Omaha
Title
David Thomas, Neighborhood Planner, 444-6829: 444-6140
Official Contact Person,Telephone No. and Fax No.
APPROVED AS TO FORM: ATTEST:
Ah
'
ssistant City Attorney ICLERK, Date
PATCH II
CLEARDATA
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OMAHA
• `c-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, on March 26, 2002, 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 The Stephen Center, Family
Service, The YWCA, Charles Drew Health Center, 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 3, 2003, the U. S. Department of Housing and Urban
Development notified the City of Omaha of the selection of The Visiting Nurse Association
project entitled, "Public Health Nurse Services to Men, Women & Children Residing in
Homeless Shelters" for funding under the Fiscal Year 2002 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: NE26B201009 for the "Public Health Nurse Services to Men, Women &
Children Residing in Homeless Shelters" in the amount of $162,628.00 (FY 2002, Fund 12184,
Organization 129022); and,
•
By
Councilmember
Adopted
City Clerk
Approved
Mayor
`c-ZsA 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: NE26B201009 for the "Public Health Nurse
Services to Men, Women & Children Residing in Homeless Shelters" project in the amount of
$162,628.00 (FY 2002, Fund 12184, Organization 129022).
•
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.
APP OVED AS TO FORM:
G�
G 4� CITY ATTO EY DATE
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