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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 �t.AAHA, �, 4, `,�qr • E � Planning Department 7• . -0 �� Omaha/Douglas Civic Center ` r.ro 1819 Farnam Street,Suite 1100 ' 7 ' t: tiny IS P 12: 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 P:\P1n5\13170maf.doc 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 MULTIPAGE-STOP MULTIPAGE-START Multi-Page Document header/Separator Place before and between multi-page documents 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. 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