RES 1999-3246 - Agmt with Housing and Neighborhood Developers Inc for rehabilitation of homes to be occupied by formerly homeless persons tl- Cirr-a.-A.
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NFB RECEIVED
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Robert C.Peters
City of Omaha December 14, 1999 Acting Director
Hal Daub,Mayor
Honorable President
and Members of the City Council,
The attached proposed Resolution approves a subrecipient Agreement between the City of Omaha
and Housing And Neighborhood Developers (HANDS), Inc., a Nebraska Non-Profit Corporation,
2319 Ogden Street, Omaha,Nebraska 68110, for Fiscal Year 1998 Continuum of Care Supportive
Housing Funding in the amount of$369,882.50. These supportive housing funds will be used to
establish a Revolving Loan Fund to purchase and rehabilitate ten(10)single-family homes to be used
as transitional housing for formerly homeless persons. Families will be placed in these transitional
houses with the goal that they become homeowners by purchasing the homes. As units are sold,
other houses will be purchased and renovated in order to create additional homeownership
opportunities. Support services, also funded by this grant and in the form of counseling,job search,
child care, employment training, etc., will be provided in an ongoing effort to ready these families
for the requirements of homeownership.
The HANDS project is one of six projects approved by HUD for 1998 Supportive Housing funding.
The City Council previously approved the acceptance of the HUD funds for this project.
The Contractor has on file a current Annual Contract Compliant Report Form (CC1). As is City
policy, the Human Relations Director will review the contractor to ensure compliance with the
Contract Compliance Ordinance.
We urge your favorable consideration of this Resolution.
Sincerely, Referred City Co ncil for Consideration: .
. ,-_______ M,
"I'''''/- /44---- //' 29, f9
Robert C. Peters Date Mayor's Officer& D to
Acting Planning Director ✓✓✓✓✓✓
roved as to Funding: Approved:
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1 --(2,e 1 t fii--Pc v L<A-t' .--- 4114 i il/Sc/f
Louis A. D'Ercole Date ellie Paris-Asaka Date
Finance Director Human.Relations Director
P:\PLN3\9205sap.doc •
AGREEMENT
THIS AGREEMENT is entered into by and between the City of Omaha, a Municipal
Corporation in Douglas County,Nebraska(sometimes hereinafter referred to as "City")and Housing
And Neighborhood Developers, Inc., a Nebraska Non-Profit Corporation, 2319 Ogden Street,
Omaha,Nebraska 68110(sometimes hereinafter referred to as "Contractor")to provide a Revolving
Loan Fund to purchase and rehabilitate ten (10) single-family houmes and to provide supportive
services to homeless individuals and families.
RECITALS:
WHEREAS, the City of Omaha is a municipal corporation located in Douglas County,
Nebraska, and is organized and exists under the laws of the State of Nebraska,and is authorized and
empowered to exercise all powers conferred by the State constitution,laws, Home Rule Charter of
the City of Omaha, 1956, as amended, and local ordinances including,but not limited to,the power
to contract; and,
WHEREAS, on April 30, 1998, 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 of 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 Visiting Nurse Association; Family
Service; Legal Aid Society, Inc.; Housing And Neighborhood Developers, Inc.; The Paxton, Inc.;
and the Charles Drew Health Center for Continuum of Care- Supportive Housing funding; and,
WHEREAS, on January 13, 1999,the U.S.Department of Housing and Urban Development
notified the City of Omaha of the conditional selection of its consolidated application for funding
under the Fiscal Year 1998 Supportive Housing Program; and,
WHEREAS,the U.S.Department of Housing and Urban Development has awarded Housing
And Neighborhood Developers, Inc., Supportive Housing funds in the amount of$369,882.50 and
has assigned the grant number NE26B801003 for the Housing And Neighborhood Developers,Inc.
project; and,
WHEREAS, Supportive Housing Assistance for Omaha's Continuum of Care programs will
help provide a much needed comprehensive approach to develop and implement housing and service
delivery programs to help homeless individuals and families move to permanent living and self-
sufficiency to the extent possible.
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
Housing And Neighborhood Developers, Inc., and the City of Omaha do hereby agree as follows:
SECTION 1. DEFINITIONS - ABBREVIATIONS
1.1 "City" shall mean- the City of Omaha, a Nebraska Municipal Corporation.
1.2 "Contractor" shall mean-Housing And Neighborhood Developers,Inc. (HANDS),
a Nebraska non-profit corporation, 2319 Ogden Street, Omaha, Nebraska 68110.
(See Exhibit "A")
1.3 "Director" shall mean-the Planning Depth tluent Director of the City of Omaha.
1.4 "Recipient" shall mean-the City of Omaha.
1.5 "Subrecipient" shall mean - a public or private non-profit agency, authority or
organization receiving Continuum of Care Homeless Assistance Supportive Housing
funds to undertake eligible activities. In this Agreement,the subrecipient is Housing
And Neighborhood Developers, Inc.
1.6 "HUD" shall mean-the U.S. Department of Housing and Urban Development.
1.7 "Supportive Housing Program(SHP)" shall mean-the program conducted under the
provisions of Title IV, Subtitle C, of the Stewart B.McKinney Homeless Assistance
Act (McKinney Act) as amended, (42 USC 11381) and the Code of Federal.
Regulations (24 CFR Part 583).
1.8 "SHP Funds" shall mean - that portion of the Supportive Housing Program Grant
awarded to the City as may be available during Program years 1999,2000, and 2001
for the use specified herein, in an amount not to exceed$369,882.50 subject to the
terms, conditions, and requirements of said Grant.
1.9 "Homeless Person" shall mean -an individual or family who lacks a fixed,regular,
and adequate nighttime residence; and an individual or family who has a primary
nighttime residence that is: 1) a supervised publicly or privately operated shelter
designed to provide temporary living accommodations (including welfare hotels,
congregate shelters, and transitional housing for the mentally ill), 2) an institution
that provides a temporary residence for individuals intended to be institutionalized,
or 3)a public or private place not designed for,or ordinarily use as,a regular sleeping
accommodation for human beings.
1.10 "Omaha Area Continuum of Care for the Homeless (OACCH) Management and
Information system" shall mean - a client-specific homeless services information
system for homeless recover that standardizes the assessment of consumer needs,
creates individualized service plans, and records the use of housing and services.
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1.11 "Application" shall mean-Housing And Neighborhood Developers,Inc. application
submission,on the basis of which the SHP Funds were approved by HUD, including
any certifications and assurances and any information or documentation required to
meet any SHP Funds conditions. The "Application" is contained in Exhibit "B",
attached hereto and incorporated herein by this reference.
1.12 "Omaha Area Continuum of Care for the Homeless" or"OACCH" shall mean-the
coordinated and responsive network of programs and services providing emergency,
transitional, and supportive shelter and supportive services to the Omaha area's
homeless individuals and families,or near homeless individuals and families.
1.13 "Authorized Acquisition and Rehabilitation Properties" shall mean-those properties
selected by the HANDS staff.
1.14 "Rehabilitation Work" shall mean-the work performed on the property and all work
or services provided for in professional services or rehabilitation contracts and as
may be required hereunder.
1.15 "Progress Payment" shall mean-that portion of the total rehabilitation contract paid
in one or more disbursements, based upon the value of the rehabilitation,
administrative or professional services work completed at the time the payment
request is made.
1.16 "Program Income" shall mean - the gross income received by the Recipient or
Subrecipient directly generated for the use of SHP Funds. When such income is
generated by an activity that is only partially assisted with SHP Funds, the income
shall be prorated to reflect the percentage of SHP Funds used(see Exhibit "C").
1.17 "Deferred Payment Loan(DPL)" shall mean- a loan of SHP Funds made subject to
the terms,conditions and provisions of the loan agreement under which said loan is
made, secured by no less than a second mortgage/deed of trust on an individual
property, which shall provide, inter-alia, that same shall become due and payable
without interest upon the sale or transfer of ownership of the property, or portion
thereof, or interest therein by the Contractor.
SECTION 2. DUTIES AND CONDITIONS OF CITY FINANCING
2.1 Subject to and conditioned upon actual receipt of same, the City agrees to make
available to the Contractor, in the form of a grant, for supportive services and a
Revolving Loan Fund for the purchase and rehabilitation of ten (10) homes, Three
Hundred Sixty-Nine Thousand Eight Hundred Eight-Two and 50/100 Dollars
($369,882.50)in SHP Funds, HUD Grant No. NE26B801003, for the purposes set
forth in this Agreement and as detailed in Exhibit "D" Scope of Work, attached
hereto and incorporated herein by this reference.
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2.1.1 City funding pursuant to this Section shall be contingent upon receipt of and
subject to the availability of SHP Funds in amounts adequate to meet any
contractual obligations in force upon the date of execution of the Agreement
as well as this proposed obligation. Should adequate funding not be
available,the City shall notify the Contractor as soon as reasonably possible.
At this time, the responsibilities of the Contractor under Section 3 of this
Agreement shall be released,the provisions of Section 6,Paragraph 6.10 will
be exercised and the Agreement will be terminated.
2.1.2 Reimbursement shall be on a monthly basis for the attached budget line item
expenditures. Payments shall be made on the basis of monthly requests for
payment and shall be reimbursements for actual expenditures. The Annual
Operating Budget is attached as Exhibit "D" and incorporated herein by this
reference.
2.1.3 Monthly billing shall be submitted to the Director by Contractor with the
monthly progress report. The monthly bill and progress report is due not later
than fifteen(15)days following each monthly reporting period.
2.1.4 The City shall review and monitor the required monthly reports that identify
the progress/accomplishments of Contractor on the activities included in this
Agreement and on contracts entered into with third parties pursuant thereto.
2.1.5 The City shall prepare monthly payment vouchers for Contractor based upon
the Contractor's monthly progress report and request for payment.
2.1.6 The City shall retain and use Nineteen Thousand One Hundred Twenty-Five
Dollars ($19,125.00) of the SHP Funds for any eligible administrative
expenses it may incur.
2.1.7 Housing And Neighborhood Developers,Inc. shall use the remaining Three
Hundred Fifty Thousand Seven Hundred Fifty-Seven and 50/100 Dollars
($350,757.50)in SHP Funds for the purposes set forth in this Agreement(See
Exhibit "D" Scope of Work).
2.1.8 No financial assistance provided pursuant to this Agreement may be used to
replace State or local funds previously used, or designated for use, to assist
homeless persons.
2.1.9 The City may deobligate the remaining amounts for services in any year if the
actual cost of services for that year is less than the total cost anticipated in the
Application.
2.2 Use of funds in the Loan Fund, plus any program income, is limited to approved
HANDS'acquisition/rehabilitation activities.
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2.3 After completion of rehabilitation,the property must meet all state, federal and local.
laws, ordinances, regulations and codes, including but not limited to, Section 8
Housing Quality Standards for Existing Homes (HQS) as established by HUD and
the City of Omaha Property Rehabilitation Standards. The Director shall assist
HANDS in the same manner the Director provides technical assistance to other
contractors, during the rehabilitation phase to ensure compliance with such.
requirements.
2.3.1 The City may perform periodic inspections to ensure compliance with
Section 2.3.
2.4 Technical assistance for supportive services will be provided by the City of Omaha
Housing and Community Development Division if requested by HANDS.
2.5 The Contractor may not request disbursement of funds under this Agreement until
the funds are needed for payment of eligible costs based upon the value of the
rehabilitation,administration,or professional services work completed at the time the
payment request is made. The amount of each request must be limited to the actual
amount needed.
2.6 The City will process requests for payment for rehabilitation financing up to
$60,000.00 based upon billings for:
2.6.1 Any financing, legal, accounting or architectural costs associated with the
rehabilitation of properties.
2.6.2 Costs associated with the acquisition of properties.
2.6.3 Costs for materials which will be used in the rehabilitation of properties.
2.6.4 Costs incurred for labor associated with the rehabilitation of properties.
Profit and Overhead shall not exceed 15% of the rehabilitation costs.
2.6.5 Costs associated with utility hookups and site preparation of the properties
being acquired/rehabilitated.
2.6.6 Any demolition costs associated with the rehabilitation of the properties.
2.6.7 Partial rehabilitation financing for each single-family house at no interest as
follows:
2.6.7.1 Rehabilitation financing shall be made to HANDS without
interest in an amount not to exceed $60,000.00 per unit. Such.
loans shall become due and payable to the City at the loan closing
from the sale proceeds as each individual house is sold.
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2.6.7.2 At the closing of a loan for each sale of a house and upon.
repayment of the City's Deferred Payment Loan, the City shall.
release its mortgage or process a deed of reconveyance for its
deed of trust for such property.
2.6.7.3 The Contractor(HANDS)may receive reimbursement for eligible
expenses in excess of the sales price of a rehabilitated property
only. The reimbursement may not exceed twelve percent(12%)
of the sales price. The reimbursement is based on eligible
expenses contained in Section 2.7.1 through 2.7.8.
2.6.7.4 Initial sales price of each home cannot exceed the appraised
value.
2.6.7.5 If the total cost of eligible expenditures is less than the sales price,
the difference is to be returned to the loan fund.
2.6.8 Funds paying for rehabilitation work shall be payable in consideration with
the rehabilitation progress payment schedule, in accordance with the
Director's prior approval.
2.7 Funds received by the City from HANDS shall be returned to the loan fund and be
available to HANDS in the same manner as the initial$369,882.50.
2.8 Funds are available from the SHP Fund only for those activities which have occurred
during the term of this Agreement.
2.9 The City agrees to cooperate with HANDS and to coordinate activities associated
with the implementation of the Scope of Work, attached hereto as Exhibit"D" and
incorporated herein by this reference as though fully set forth.
2.10 Any of the funds drawn from the grant account to fund approved loans must be
secured with a first or second mortgage/deed of trust on the property.
2.11 In consideration of the program services herein provided, the City agrees to pay
HANDS the sum of$369,882.50 from the HANDS grant fund; Continuum of Care
Supportive Housing Grant,Fund No. 190, Organization No. 8015.
2.12 In the case of a foreclosure or upon receipt of a Deed in Lieu of Foreclosure,HANDS
may buy out the first mortgage and the second mortgage using SHP Funds". No
additional "SHP Funds"will be disbursed to rehabilitate the property.
SECTION 3. DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR
3.1 The Contractor shall abide by all terms and conditions of this Agreement.
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3.2 The Contractor shall use the SHP Funds to assist homeless individuals and families
in the Omaha Area Continuum of Care for the Homeless. This shall be accomplished
by:
3.2.1 Purchasing and rehabilitating ten(10) single family homes for occupancy by
formerly homeless individuals and families;
3.2.2 Providing client-residents a continuum of integrated supportive services
including,but not limited to,job search, education, counseling, employment
training, assistance with child care,language translation,and assistance with.
transportation;
3.2.3 Selling the single-family homes to those residents meeting program criteria,
thereby demonstrating a capacity for homeownership.
3.3 The contractor shall certify, contract and agree that any and all funding obtained or
made available hereunder shall be used solely and exclusively for the compliance
with this Agreement and the rehabilitation contracts, as approved.
3.3.1 The Contractor agrees that each of the housing units developed pursuant to
this Agreement shall have both an estimated appraised value at acquisition
and an initial purchase price which do not exceed 95%of the purchase price
for single-family housing for the Omaha Metropolitan Statistical Area as
determined by HUD; and,
a) is the principal residence of an owner whose family qualifies as a Low
Income family at the time of purchase; and,
b) is subject to the repayment/recapture provisions of the Deferred
Payment Loan Mortgage/Deed of Trust and Promissory Note.
3.3.2 If, through breach of this Agreement, the Contractor fails to maintain the
occupancy, affordability and use restrictions enumerated in.Paragraph 3.3 of
the Agreement,all SHP Funds previously provided to the Contractor through
fulfillment of this Agreement shall promptly be returned to the City of
Omaha.
3.3.3 Return to the City of Omaha any program income received within thirty(30)
days of receipt.
3.4 The Contractor shall use the City's SHP Funds for those authorized items as outlined
in Sections 2.6.1 through 2.6.8.
3.5 The Contractor shall maintain the property in a safe and sanitary condition, conform
to City housing and zoning ordinances and carry out the rehabilitation in an efficient
manner.
•
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3.6 The Contractor shall make best efforts to acquire/rehabilitate and sell approximately
ten(10)properties during the term of this Agreement and perpetuate the process with
additional acquisition/rehabilitation. The ten(10)properties or their replacements
must remain in the Program for twenty(20)years and serve as transitional housing
to be occupied by formerly homeless persons.
3.7 The Contractor shall provide services for clients as required in the Scope of Work
Summary, attached hereto as Exhibit "D" and made a part hereof by reference.
3.8 The Contractor shall submit an operating budget by line item indicating all proposed
expenditures and sources of revenue for the 1999 SHP program year.
3.9 The Contractor shall submit to the City the following reports in accordance with the
submission timelines as specified.
3.9.1 Rehabilitation Progress Reports - The Contractor will provide quarterly
reports to the Director delineating accomplishments, describing the progress
of rehabilitation, and any significant problems and/or delays in rehabilitation
on this project during the previous 7-day period.
3.9.2 Occupancy Reports-Prior to the sale of each unit,the Contractor will provide
to the Director the following information:
a) name(s)of buyer(s)
b) address of property
c) household income as a percent of Median Family Income as
determined by HUD.
d) household size
e) gender of head of household member
f) name and age of each household member
g) race/ethnicity of head of household
h) disabled status of any household member
3.9.3 A monthly progress report to the City of Omaha, Director of Planning, the
progress report will delineate HANDS staff accomplishments for the previous
30 day period.
3.9.4 A monthly financial report(income statement) delineating the revenue and
line item expenditures for the HANDS. In addition, a monthly check register
is to be submitted reflecting payee,date, amount and check number. •
3.9.5 A monthly time sheet, which indicates the allocation of time spent among
SHP and non-funded rehabilitation loan projects.
3.10 The Contractor shall make best efforts to ensure that rehabilitation services,contracts
and employment opportunities are affirmatively marketed to women and members
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opportunities for persons in there groups. (See Exhibit "E"), attached hereto and
incorporated herein by this reference as though fully set forth.
3.11 The Contractor shall employ affirmative marketing procedures in the advertising and
marketing of the completed project. In marketing,the Contractor shall also conform.
to the non-discrimination provisions hereinafter set forth. The Contractor shall
comply with the affirmative marketing responsibilities specified in Exhibit "E".
3.12 The Contractor shall ensure that no Contractor or sub-contractor shall be used by
HANDS,who has been disbarred or disqualified by the U.S. Department of Housing
and Urban Development,or by the City of Omaha.
3.13 The Contractor shall ensure that all work performed and the rehabilitation as
completed meets all state,federal and local laws, ordinances,regulations and codes,
including but not limited to, Section 8 Housing Quality Standards for Existing
Homes(HQS)as established by HUD and the City of Omaha Property Rehabilitation
Standards. The Director shall assist HANDS in the same manner the Director
provides technical assistance to other contractors, during the rehabilitation phase to
ensure compliance with such -requirements.
p
3.14 The Contractor shall ensure that the amount and terms of each HANDS loan and that
the provisions of this Agreement are included by reference in each mortgage/deed of
trust.
' 3.15 The Contractor shall draw from the SHP Loan Fund, sufficient funds to reimburse
actual costs incurred for the activities set out in Section 2.6.
3.16 The Contractor shall ensure that all loans are secured by a first or second mortgage
or deed of trust in favor of the City of Omaha on the property upon which the
revolving loan funds are used.
3.17 The Contractor shall control the expenditure of dollars in direct loans, for
rehabilitation projects which have been approved by HANDS.
3.18 The Contractor shall maintain fiscal integrity of the programs, which include all
financial and narrative reports required by the City of Omaha, and the U.S.
Department of Housing and Urban Development.
3.19 The Contractor shall assume responsibility for preparing or assisting in the collection.
of all reports and other information required to make a decision relative to financing
a client.
3.20 The Contractor shall assume responsibility for follow-up actions required for all
clients receiving assistance under this program.
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3.21 The Contractor shall acquire bonding in the amount of$50,000.00 for HANDS,
Board of Directors and employees entrusted with the handling of funds pursuant to
this Agreement.
3.22 The Contractor shall ensure that the SHP Funds shall for be used for supportive
services and to finance the acquisition/rehabilitation and sale of housing units to be
initially owned/rented and occupied by households whose annual income does not
exceed 80% of the "Median Income by Family Size(MFI)".
The "Median Income by Family Size (MFI)" refers to specific income data as
published by HUD and as further updated and revised by HUD to reflect the current
or most recent income level statistics, a copy of the relevant portion of which is
included in the Exhibit"F"attached hereto and incorporated herein by this reference
as though fully set forth.
3.23 The Contractor shall acquire only vacant or owner-occupied properties for the
purpose of rehabilitation and subsequent sale to qualified applicants.
3.23.1 Prior to the acquisition of a Property for an Authorized Project,HANDS shall
notify the City,in writing,of its intent to acquire said Property. Said written
notice shall include the Legal Description and common address of the
Property.
3.23.2 The acquisition of properties shall be voluntary arm's length transactions and,
prior to making an offer to purchase a property, HANDS shall inform the
seller in writing:
a) That it does not have the power of Eminent domain and, therefore,
will not acquire the property if negotiation fails to result in an.
amicable agreement; and,
b) Of its estimate of the fair market value of the property. HANDS shall
maintain reasonable evidence in its project files of the basis for its
estimate of the fair market value.
3.23.3 In no event shall a tenant-occupant of a property be displaced, either
permanently or temporarily, from the property as a direct result of an
authorized project. A move following a notice to vacate the property and a
move resulting from an owner's refusal to renew an expiring lease is
considered as displacement caused by the HANDS.
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3.23.4 In the event HANDS displaces any tenant-occupant of a property, it shall
immediately notify the City in writing of the circumstances surrounding said
displacement. The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, shall govern any displacement
occurring as a result of an authorized project. In the event of displacement,
HANDS shall be responsible for the payment of all required relocation.
assistance payments.
3.24 HANDS shall not begin rehabilitation of a Property until it receives approval by the
City that all provisions of the National Environmental Policy Act of. 1969 (NEPA)
and related authorities listed in HUD's implementing regulations at 24 CFR Parts 50
and 58 have been met regarding said property.
3.25 HANDS specifically hereby states, agrees and certifies that it is familiar with the
limited purpose set forth in the Federal Laws,Rules and Regulations, and in the laws
of the State of Nebraska for which personal information requested may be used, and
that the information received will be used solely for those limited purposes and not
to harass, degrade or humiliate any person. The information released shall be used
for the limited purpose stated, and HANDS further agrees to indemnify and hold
harmless the City of Omaha for any liability arising out of the improper use by
HANDS o f the information provided.
3.26 HANDS agrees to use no lead based paint in the performance of this Agreement,
including the performance of any subcontractor. "Lead based paint"means any paint
containing more than six one-hundredths of one percentum of lead by weight
(calculated as lead metal) in the total nonvolatile content of the paint or the
equivalent measure of lead in the dried film of paint already applied. The Contractor
further agrees to abide by all Federal requirements regarding lead based paint poison
prevention.
3.27 HANDS shall comply with all environmental requirements for review and impact on.
the environment.
3.28 HANDS shall, if applicable, complete a certified rehabilitation of the Subject
Property under the Historic Preservation Certification Program of the United States
Department of the Interior.
3.29 HANDS shall,if applicable,obtain final certification from the National Park Service, .
verifying that the Contractor has complied with and met the Secretary of Interior's
"Standards for Rehabilitation".
3.30 The Contractor shall comply with all provisions and regulations of the Supportive
Housing Program and have an annual audit completed in compliance with OMB
Circular A-133. A copy of the audit shall be provided to the Director. OMB Circular
A-133 is attached to this Agreement as Exhibit"G". The auditor shall determine the
appropriate type of audit to be conducted; i.e., limited scope or full compliance. A
single audit is not an allowable expense unless the subrecipient expends total Federal
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funds over$300,000.00 in each fiscal year. A limited-scope audit may be allowable
provided the auditor conducts the audit in accordance with generally accepted.
auditing standards and the subrecipient expense less than $300,000.00 in each fiscal
year.
3.31 The Contractor shall maintain such records and accounts, including property,
personnel and financial records, as are deemed necessary by the City to assure a
proper accounting for all expenses. The Comptroller General of the United States of
America or any duly authorized representatives, or any duly authorized
representatives of the City of Omaha, as approved by the Planning Director, shall
have access to any books,documents,papers,records and accounts of the Contractor
or subcontractors which are directly pertinent to this undertaking for the purpose of
making audit,examination, excerpts and transcriptions. Such records and accounts
shall be retained for five years from the contract period completion. Any contract
entered into by the Contractor with any Subcontractors shall include this Section to
ensure said access.
3.31.1 The Contractor shall keep any records and make any reports(including those
pertaining to race,ethnicity, gender, and disability status data)that HUD may
require within the time frame required.
3.32 The Contractor shall provide an annual assurance,in writing to the Director,for each
year SHP Funds are received that the project will be operated for the purpose
specified in the Application.
3.33 The Contractor shall conduct an ongoing assessment of the supportive services
required by the residents of projects and the availability of such services, and make
adjustments as appropriate.
3.34 The Contractor shall provide for the consultation and participation of not less than.
one homeless person or formerly homeless person on the board of directors or an
equivalent policy making entity of the Contractor, to the extent that such entity
considers and makes policies and decisions regarding any project, services, or
assistance provided pursuant to this Agreement.
3.34.1 This requirement may be waived, in writing by HUD, if the Contractor is
unable to meet it and presents an acceptable plan to otherwise consult with.
homeless or formerly homeless persons in considering and making such.
policies and decisions.
3.35 The Contractor must, to the maximum extent practicable, involve homeless
individuals and families, through employment, volunteer services, or otherwise, in
constructing,rehabilitating,maintaining, and operating the project and in providing
supportive services for the project.
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3.36 The Contractor must comply with Section 504 of the Rehabilitation.Act of. 1973. in
the provision of reasonable accommodation to perspective clients and must adopt
procedures to make available information on the existence and locations of facilities
and services that are accessible to persons with a handicap and maintain evidence of
implementation of the procedures.
3.37 The Contractor shall regularly and reliably attend OACCH monthly meetings, ensure
that all program information is listed in the OACCH Directory, participate in the
OACCH colleague feedback process, install and implement the OACCH
Management and Information System,participate in the OACCH monthly housing
count(as applicable)and attend the annual State of Nebraska "Affordable Housing
and Homelessness Conference".
3.38 The Contractor shall procure and maintain property insurance in an amount sufficient
to protect the City's interest in the property during the term of the Agreement and
financing documents. The policy must include the City of Omaha as an additional
insured. In the event of damage to the property, any insurance proceeds are to be
applied, at the discretion of the Director, to the reconstruction of the property or
repayment, in full, of the funding.
SECTION 4. TERM OF THE AGREEMENT
This Agreement shall be in full force and effect through and including December 31, 2000.
SECTION 5. CONSIDERATION
5.1 In consideration of the services herein provided,the City agrees to pay Contractor the
sum of Three Hundred Fifty-Two Thousand. Two Hundred Sixty-nine and 50/100
Dollars ($352,269.50) in SHP Funds.
5.2 The City shall retain and use Seventeen Thousand Six Hundred Thirteen Dollars
($17,613.00)of the SHP Funds for any eligible administrative expenses it may incur.
5.3 HANDS agrees and the City states, that the City:
5.3.1 Is not acting as the HANDS architect or engineer.
5.3.2 Makes no warranties, express or implied, as to the construction work.
5.3.3 Owes no duty to the HANDS or any other person that shall arise because of
any inspection of the redevelopment site by the City's agents or employees.
5.3.4 May inspect the redevelopment site at any reasonable time, including a final
inspection to certify completion prior to disbursement of any funding.
5.3.5 Shall be held harmless by the HANDS for all injury and damages arising by
virtue of this Agreement.
-13-
SECTION 6. PROVISIONS OF THE AGREEMENT
6.1 Equal Employment Opportunity/Section 3 Clause. Attached hereto as Exhibits "H"
and "I", and made a part hereof by this reference, are the equal employment
provisions of this Agreement.
6.2 Non-Discrimination. The Contractor shall not,in the performance of this Agreement,
discriminate or permit discrimination in violation of federal or state laws or local
ordinances because of race, color, handicap, familial status, sex, age, political or
religious opinions, affiliations or national origin.
6.3 Captions. Captions used in this Agreement are for convenience and are not used in
the construction of this Agreement.
6.4 Applicable Law. Parties to this Agreement shall conform with all existing and
applicable City ordinances,resolutions,state laws,federal laws, and all existing and
applicable rules and regulations. Nebraska law will govern the terms and the
performance under this Agreement.
6.5 Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected
official or any officer or employee of the City shall have a financial interest, direct
or indirect,in any City agreement. Any violation of this section with the knowledge
of the person or corporation contracting with the City shall render the Agreement
voidable by the Mayor or Council.
6.6 Merger. This Agreement shall not be merged into any other oral or written.
agreement, lease or deed of any type.
6.7 Modification. This Agreement contains the entire agreement of the parties. No
representations were made or relied upon by either party other than those that are
expressly set forth herein. No agent,employee,or other representative of either party
is empowered to alter any of the terms herein unless done in writing and signed by
an authorized officer of the respective parties, pursuant to Section 10-142 of. the
Omaha Municipal.Code.
6.8 Assignment. The Contractor may not assign its rights or obligations under this
Agreement without the express prior written consent of the City.
6.9 Strict Compliance. All provisions of this Agreement and each and every document
that shall be attached shall be strictly complied with as written, and no substitution
or change shall be made except upon written direction from authorized
representatives of the parties.
6.10 Termination. This Agreement may be terminated by either party upon thirty (30)
days written notice to the other party. Said notice shall be given when received by
certified mail at the other party's usual place of business. This Agreement may also
be suspended or terminated in accordance with 24 CFR 85.43, Enforcement or
-14-
24 CFR 85.44,Termination for Convenience(Exhibit"J"). Upon termination of this
Agreement all funds and interest in any account hereunder shall become the property
of the City and shall be returned to the City.
6.11 Indemnification. The Contractor shall indemnify and hold the City harmless from
and against: (1)any and all claims arising from contracts between the Contractor and
third parties made to effectuate the purposes of this Agreement; and, (2) any and all
claims,liabilities or damages arising from the preparation or presentation of any of
the work covered by this Agreement.
6.12 Nebraska Law. This Agreement shall be a contract made under and governed by the
laws of the State of Nebraska.
6.13 Unenforceable Provisions. Any provision of this Agreement which is prohibited or
unenforceable in any jurisdiction shall, as to such jurisdiction,be ineffective to the
extent of such prohibition of enforceability without invalidating the remaining
provisions hereof or affecting the validity or enforceability of such provision in any
other jurisdiction.
6.14 Disclosure of Lobbying. The Contractor shall certify and disclose, to the best of its
knowledge and belief,that:
(a) No Federal appropriated funds have been paid or will be paid,by or on behalf
of the undersigned,to any person for influencing or attempting to influence
an officer or employee of Congress,or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension,continuation,renewal, amendment
or modification of any Federal contract,grant,loan or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress,or an employee of a Member of Congress in connection with this
Federal contract, grant,loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying",in accordance with its instructions.
(c) The language of this certification be included in the award documents for all
subawards at all tiers(including subcontracts, subgrants, and contracts under
grants, loans and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
6.15 Subrecipients. The Contractor shall comply with the requirements and the standards
of OMB Circular No. A-122, "Cost Principles for the Nonprofit Organizations"
(Exhibit"K"),and with the requirements of Attachments A,B, C, F,H,N and 0 to
OMB Circular A-110 (Exhibit"L").
-15-
6.16 Drug-Free Workplace. The Contractor is subject to the requirements of Sections
5151-5160 of the Drug-Free Workplace Act of 1988 and HUD's implementing
regulations at 24 CFR Part 24 (See Exhibit "M").
6.17 Use of Debarred, Suspended, or Ineligible Contractors. The provisions of 24 CFR
Part 24 shall apply to the employment, engagement of services, awarding of
contracts, or funding of any contractors or subcontractors during any period of
debarment, suspension, or placement in ineligibility status (See Exhibit "N").
SECTION 7 AUTHORIZED REPRESENTATIVES
In further consideration of the mutual covenants herein contained, the parties hereto
expressly agree that for purposes of notice, including legal service of process,during the term of this
Agreement,and for the period of any applicable statute or limitations thereafter,the following named
individuals shall be authorized representatives of the parties.
(1) City of Omaha
Director, Planning Department
Omaha/Douglas Civic Center
1819 Farnam Street
Omaha,NE 68183
(2) Housing and Neighborhood Developers, Inc.
Mr. David Porter,Executive Director
2319 Ogden Street
Omaha,NE 68110
IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates indicated
below.
ATTEST: CITY OF
/.//
•
CI ERK O TY OF OMAHA MAYOR OF THE CITY OF OMAHA
•
WITNESS: HOUSING AND NEIGHBORHOOD
DEVELOPERS,INC.; a Nebraska Non-Profit
Corporation
L( � By:
David o er,Exe a ive irector
�r• 9 .97 f, s%'
Date Date
APPROV D AS TO O .
i� u • _0'174A - 7_7
ASSISTANT CITY ATTORNEY
c
P:\PLN3\9207.SAP
-16-
SCHEDULE OF EXHIBITS
Agreement
Exhibit Location Description
A 1.2 Articles of Incorporation, Corporate Resolution and
Board of Directors
B 1.11 Application
C • 1.16 Program Income
D 2.1,2.1.2, Scope of Work and Annual Operating Budget
2.1.7, 3.7
E 3.10, 3.11, Affirmative Action Plan
F 3.22 Median Family Income
3.30 OMB Circular A-133
H 6.1 Equal Employment Opportunity
I 6.1 Section 3 Clause
J 6.10 Termination- CFR 85.43 and CFR 85.44
K 6.15 OMB Circular A-122
L 6.15 OMB Circular A-110
M 6.16 Drug-Free Workplace
N 6.17 Use of Debarred, Suspended or Ineligible Contractors
Exhibits identified herein are made a part hereof by reference and are a part of the provisions of the
Agreement. Exhibits C,E and G through N are on file in the Planning Department.
P:\PLN3\9207.SAP
•
•
-17-
UCI 0 2 1997 - I i•ll
, 1!,,,1aq-
AMENDMENT TO ARTICLES OF INCORPORATION •f . !^-,� v
-.VVn'_••)^...nrrInty!)f S}ntn
VI �Y �,
OF
ray ��)
UNITED MINISTRIES OF NORTHEAST OMAHA, INC. • �_
`"74- ',
The name of the corporation: United Ministries of Northeast Omaha, Inc.
11.
Amendment adopted:
•
The name of the corporation shall be changed from United Ministries of Northeast
Omaha to:
Housing And Neighborhood Developers, Inc.
Iii.
The foregoing Amendment was adopted by a unanimous vote of those Board Members
present who were eligible to vote at the Corporation's regularly scheduled Board Meeting
on August 26, 1997. A quorum of eligible voting members as required by the
Corporation's By-Laws was present and voted at this August 26th, 1997 meeting of the
Board.
by:
Toni McKean, Board. President
Attest:
Q-e-e--)1 fit/ Gce
/Jan Welch. Board Secretary -
RECEIVED •
w,:i.rr:P 9. �vr �! i.t�nrlNA(1LJ_�..?
ir;iit ! ,f ••r.t N 1 CLERK ARTICLES OF INCORPORATION
86-3
FEn ?T 9 47 All 10 OF ev J -'iYS/.
UNITED MINISTRIES OF NORTHEAST OMAHA, INC. ]
The undersi;,.ned, acting as incorporators of a Corporation under the
Nebraska Non-Profit Corporation Act, adopt the follotaing Articles of Incorp-
oration for such corporation:
• ARTICLE I
The • ame of the Corporation shall be United Ministries of Northeast
Omaha, Inc.
ARTICLE II
The duration of the Corporation shall be perpetual.
ARTICLE III
of the initial registered office of the Corporation shall
The address g
be 2319 Ogden Street, Omaha, Nebraska 68110. The initial registered agent
shall be LeRoy Seaver.
ARTICLE IV
The purposes for which the Corporation is organized are exclusively
scientific, charit. ble and educational purposes as used under Section
501 (c) (3) of the Internal Revenue Code of 1954, as amended; including,
but not limited tot The preservation and rehabilitation of the neighbor-
hoods through the identification of causes of physical and economic deter-
ioration, and through the initiation of projects, involving residents' par-
ticipation, Aimed at disrupting the cycle of urban deterioration; The plan-
ning and promotion of better facilities and services to meet the needs of
the residents of the community; The identification and analysis of local
t ir)Ka„.if 'AC,:. ,
community problems to aid in the determination of its needs, priorities sod. ;+ • S�
solutions with regard to community development; and the development of Iea ~ ti •
ship qualities within the community through educational seminars and workshOp. : t�
on organizational skills. '�{
ARTICLE V
The Corporation shall have all the powers allowed under the Nebraska
Non-Profit Corporation Act.
Not withstanding the provisions of these Articles, no substantial part
of the activities of the Corporation shall be spent in the carrying on of •
propaganda or in any .attempt to influence legislation directly or indirectly. ,
The Corporation shall. not participate or intervene in any political campaign I.
on behalf of any candidate for office. The Corporation shall not carry on •
any other activities nut permitted to be carried on by:
(1) A Corporation exempt from income taxation under 501(c) (3) of the
internal Revenue Code of 1g54 as amended, or by -
(2) A Corporation, contributions to which are tax deductible under
170 (c) (2) of the Internal Reveaf'te Code of 1954 as amended (or the
corresponding provisions of any future United States Internal
Revenue law.) t
ARTICLE Vl
No part of the net earnings of the corporation whall inure to the bene14t4.41
•
of or be distributed to its members, directors, officers or other private per 'Aill,�d
sons, except that the Corporation shall have the power to pay reasonable c 4 1
sation fur services rendered. �•t,+ ,::f:
• ?;4.
Upon dissolution of the Corporation, the Board of Directors shall, sftati-.,
making provision for the payment .of all liabilities of the Corporation, dire•.,;;
of all assets of the Corporation exclusively for the purposes of the Corporit
•
to such organization or organizations as shall at that time qualify as an
sue:.
exempt organization or organizations operated exclusively for charitable,
educational, or scientific purposes under section 501 ;.. .
(c)(3) of the Internal ���`'',".•
Revenue Code of 1954, as amended �
• {or the corresponding provision of any future
United States Internal Revenue Law) ,
as the Board of Directors shall determd.ne�
Any such assets not so disposed of by a court of competent jurisdiction of
Douglas County, Nebraska, exclusively for such exempt purposes, or to such
exempt organization or organizations as the Court shall determine.
ARTICLE VII
Any other provision of these Articles to the contrary notwithstanding:
The income of the Corporation for each taxable year shall be distributed
in such manner as not to subject the Corporation to tax under Section 4942 of
the Internal Revenue Code of 1954, as amended,. (or the corresponding sections
of any future Internal Revenue law.)
The Corporation is prohibited from engaging in any self-dealing (as defined
in section 4941 (d) of the Internal. Revenue Code of 1954, as amended) , from re-
taming any excess business holdings (as defined in Section 4943(c) of the
Internal Revenue Code of 1954, as amended) ; from making any investments in such
manner as to subject the Corporation to tax under section 4944 of the internal -
Revenue Code of 1954, as amended, and from makinganytaxable
expenditures (as
defined in Section 4945 (d) of the Internal Revenue Code of 1954, as amended) .
•
ARTICLE VIII
The power to manage the affairs of the Corporation shall be in the Board - •
of Directors. The number of Directors shall be fixed by the By-Laws, but shall._'
not be less than three. The manner of election or appointment of Directors,
their term of office, and their qualifications shall be stated in the. By-Lava.
The number of Directors constituting the initial Board of Directors of th.k
•
411117
g=2.OO< aI WAGEI
Corporation shell be sixteen, and the names and addresses of the persons who
are to serve as the initial directors are:
Pastors: LeRoy Seaver ro Ivan D. Richardson
2319 Ogden Street, 68110 6001 Fontanelle Blvd., 68111
Chairpersons of:
Administrative Board: Paul, Estes
6005 P1ornco`i Blvd. 68110
•
Marilyn Deal
3812 Curtis Ave. 68111
Meryl Chapin
2338 No. 66th St. 68104
Council on Ministries: Mrs. Ann Stewart
4266 Miami St. 68111
Jackie Sowers
6812 No. 52nd St. 68152 •
Pastor-Parish Relations: Carol Schmid
4716 Decatur St. 68104
Marge Wood
7213 No. 34th St. 68112
Lay Leaders: Frank Lushinsky
5419 North 48th Ave. 68104
Marilyn Deal
3812 Curtis Ave. 68111
Jack Chapih
2338 No. 66th St. 68104
President UMW: Nancy Oltmanns
1522 North 120th Plaaa # 5, 68154
Cathy Schenk
4701 North 16th St. 68110
Mary Townsend
5614 Fontanelle Blvd. 68111
Finance Committee: Charlotte Roscoe
1708 No. 54th St. 68104
Gene Sebastian
6138 Whitmore, 68152
B00162,VPAGEleg •
ARTICLE IX %r .Y a
The officers of the corporation shall consist of a president, one or mOrI: 4 :
-
vice-presidents, a secretary, a treasurer, and such other officers as may be
deemed necessary by the Board of Directors. Any two or more offices may be
held by the same person, except the offices of president and secretary, and r •. -
except the offices of president and vice-president. The By-laws of the Corpor "
ation shall provide for the manner in which such officers shall be elected or
appointed, their, terms of office, and the manner and reason for the removal
of such officers.
ARTICLE X
The corporation shall have one or more classes of members, the designa-
tion of such class or classes, and the qualifications and rights of the members ;
of ehch Glass shall be set forth in the by-laws. . •
ARTICLE XI
Any amendments to the articles of incorporation shall be made in the
following manner: The Board of• Directors shall adopt a resolution setting forth
the proposed amendment and directing that it be submitted to a vote at a , eetiag
of members having voting rights, which may be either an annual or special meet-
ing, written or printed notice setting forth the proposed amendment shall be
given to each member entitled to vote at such meeting. The proposed amendment •
shall be adopted upon receiving at least two-thirds of the votes which members ---
present at such meeting (or represented by proxy) are entitled to cast. Any
number of amendments may be submitted and voted upon at any one meeting.
ARTICLE XII
•
The name and address of each incorporator is:
Rev. LaRoy Seaver 2319 Ogden. St. Omaha, Nebraska 68111
Rev. Ivan Richardson 6001 Eontenelle Blvd. Omaha, Nebraska 68111
•
•
w-ocv,(512;1721-Ac.L...gLil .
Witness our hands this f'`!� day of 19 .
y incoipoytor
..Y
ti
4;7 41 /el
Incorporator J I
•
•
•
/•
lsnn6XJU�''..E.��D''1 'UFr ,LERK'S OIFiCF, 000GLAS COUNTY,nEBRAsKA uh
/Ji,IrLR U. SFFI.�"r�1 COUriiY LIER�.
-f41 iv 4 •
: .
•
•
0 •
•
Housing And Neighborhood Developers
Board Member List
Ronald Croom
Curtis Cross
Susan Davies
Emma Devers
Steve Flader •
Don Greer
Tom McKean
Jamie Norwich McLennan
Amelia Pusl
Larry Rosman-Webber
James Rouch
Kathryn Rouch •
Tom Umthun
Jan Welch
Officers
Tom McKean President
Curtis Cross Vice President .
Tom Umthun Treasurer
Jim Rouch Finance Chair
Amelia Pusl Nominations Chair
Jamie Norwich McLennan Personnel Chair
Friends of HANDS •
Duane and Betty Phillips
Judy Dappen
Ray Simpson •
•
•
CORPORATE RESOLUTION WITH BOARD SECRETARY
CERTIFYING AUTHENTICITY OF RESOLUTION
Housing And Neighborhood Developers
A Nebraska Non-Profit Corporation
**********
A CORPORATE RESOLUTION OF THE BOARD OF DIRECTORS
•
A meeting of the Board of Directors of the Corporation was held on March 2, 1999.
Acting with the full authority of the Board of Directors, it was
RESOLVED by the Board of Directors that the corporation enter into a contractual
agreement with the City of Omaha to accept the Continuum of Care - Supportive
Housing Program funding for the purpose of providing home ownership opportunities for
formerly homeless families in northeast Omaha,
located at 2319 Ogden Street, Omaha NE 68110.
•
IT IS FURTHER RESOLVED that David A. Porter,the Executive Director or Housing
And Neighborhood Developers,Incorporated is authorized to execute such documents as
are necessary to enter into the aforementioned agreement.
I attest that the above is a true and accurate account of the Resolution approved by
Housing And Neighborhood Developers, Incorporated, a Nebraska nonprofit corporation
on March 2nd, 1999.
DATED this 2nd day of August, 1999.
•
Tom McKean •
President of the Board
•
A la: .`i kl
. ► ie Norwich McLennan
cting Board Secretary
EXHIBIT "B"
Exhibit 2
Section A. Project Narrative
1. Purpose. Family Housing Advisory Services (FHAS) and Housing And Neighborhood Developers
(HANDS) are working jointly on this project to purchase and rehabilitate ten single family homes,to rent
them at affordable rates to families who have recently been homeless, and to provide supportive services
needed to help the families achieve stable, productive lives. •
This program has the ability to be self-generating(i.e.,capable of continuing without federal subsidy
without federal subsidy beyond the three-year grant period)due to the following factors:
• Purchase of the homes by participants,at appraised market values,will allow financing availability for
continued purchase and rehabilitation of transitional housing. Sale proceeds will be used to purchase
additional homes on a one-for-one basis.
• Rental income will be used to sustain the provision of supportive services,taxes, insurance, and
maintenance costs.
2. The homeless population to be served. The families selected for the program will be employed
and have completed successful residency with emergency shelters and transitional living facilities that are
member agencies of Omaha Area Continuum of Care. Each family will have been involved with and
referred by a Continuum of Care provider. The greatest priority will be placed upon families with children.
All families will be carefully assessed to insure that those participating in the program will have the
capacity to make the transition from homelessness to home ownership/self sufficiency. In determining
criteria for participation in the program,the assessment will include evaluating the potential for
development in one or more of the following areas: employment, education,growth in living skills,
improvement in parenting skills,and motivation to move towards self sufficiency.
Families with adults that would fit better into Permanent Supportive Housing will not participate in this
program. This project is not appropriate for assuring success to individuals who struggle with substance
abuse and/or chronic mental health problems. Conversely, this project will equip houses for the occupancy
by persons with physically handicapping conditions.
3. The housing where participants will reside. Single family dwelling units located throughout the
city, but primarily located in northeast Omaha:north of Lake and east of 60th Street,will be the residing
locations.The houses purchased for rehabilitation will be vacant at the time of the purchase agreement.
Houses will be chosen based upon location, cost, and condition. Other considerations will include location
of schools, crime rate, location of services and other amenities that will assist in the residents' self-
sufficiency.
This application will fund the development of houses for ten families. It is estimated that each family will
have an average of 2.5 persons thus creating housing for a total of 25 persons at a time. Since the
residences in this project will move from transitional rental housing to ownership, and new houses will be
purchased subsequent to each of these successful sales, it is expected that over the three year life of this
project 20 families will make the transition to home ownership. The maximum"rental"stay will be two
years/family with an average stay of 18 months. This will create a total of 50 persons-20 families who
will be provided housing through this project.
An important element in the success of this program is participants being involved in the decision-making
process regarding their housing. This project's goal is for the participating families to achieve the stability
of homeownership. However,when less permanent housing is in the best interests and/or decision of the
participants, the case manager will assist in a search for housing that will meet the family's needs.
4. The supportive services the project participants will receive. Following a referral from an
emergency shelter, TH living facility or other Omaha Area Continuum of Care service provider, a case
advocate will interview the family and complete an assessment. The assessment determines the strengths of
the family and identifies the need for additional supportive services. Housing needs are determined as part
of the assessment.
Families who, through the assessment,demonstrate a capability and willingness to strive toward successful
completion of this program will be shown the houses available. The family may move in immediately after
their selection, signing both program and lease agreements,and final inspection of the house. Following a
brief period of adjustment,the case advocate and head of household will complete a`Family Work Plan'.
The Family Work plan serves multiple purposes:
• Creates a precise"road map"for each family's participation,outlining goals and expected outcomes
• Serves as an instrument to measure progress toward self-sufficiency
• Provides a detailed tracking method for the families
•
The work plan will be reviewed monthly. This proposal provides incentives for participation and progress
by offering affordable rental housing,additional supportive.services,and the possibility of future
homeownership.
The case advocate and the participant families will have access to the comprehensive array of supportive
services provided by Family Housing Advisory Services,Housing And Neighborhood Developers and all
other Continuum of Care providers.These services are not limited to,but include
• assistance with child care and after school children's programs
• counseling in domestic violence, substance abuse,addictions,mental health,family preservation and
legal issues
• assistance with health and pre-and post-natal issues
• employment training,job search,education
• language/translation
• transportation assistance
These services are provided by over 150 public and private agencies throughout the Greater Omaha Area.
FHAS has formed a network for resource development that is functioning to continually add resources and
resource agencies that will give priority to these families. When new needs develop,the capacity exists
within FHAS to search for and/or supply the needed resource.
A Program Council will meet monthly to discuss program needs. Council composition will be primarily
participant residents within this program, but agency staff and service providers also will take part. The
Council will determine the special classes, speakers and types of events most beneficial in the transition to
self-sufficiency. Other issues might include safety,transportation and access to supportive services.
•— (o8'
Length of service for TH is two years with a six-month follow-up period. A comprehensive tracking and
evaluation system, ANCHoR, will be used to follow participants for one year after successful completion
of the program. Case advocates will be available for immediate support with prevention services if
unexpected crises arises.
5. Whether the project is innovative
6. The performance measures that will be used.
A. Entry Phase
Goal: Participants will be fully aware of requirements,have stabilized housing environments,and detailed
plans outlined for success within 60 days of acceptance into the program.
Outcome measurements:
• 80%of participants will complete their Family Work Plan within 45 days of enrollment.
• 60%of participants will have furniture and household goods supplied within 30 days of moving
into their home.
• 80%of participants will complete an employment assessment within 60 days of enrollment.
B. Transitional Phase
Goal: Participants will demonstrate consistent progress toward goals identified throughout program
(f participation.
1.
Outcome measurements:
• 80%of participants will successfully complete goals of their work-plan each month.
• 50%of participants will have improved their credit standing within one year.
C. Tracking Phase
Goal: Participants will continue self-sufficient stability after successful completion of Family
Work-Plan
Outcome measurements:
• 80%of participants will demonstrate continued stability,with no instance of requiring food, rental
or utility assistance for one year following the Work Plan's completion.
• 90%of participants presenting an at-risk situation following Work Plan completion will receive
follow-up case management and/or preventative assistance appropriate to their need.
!oet
P.cMENT0F
QP 0110011011 yoG U.S.Department of Housing and Urban Development
* * 1 Nebraska State Office
4 11111111
Executive Tower Centre
G9 c`? 10909 Mill Valley Roadon
e1N/DEVE'D Omaha, Nebraska 681647 r i i�
3965:3 LI r i 1 if): 14
August 19, 1999 A
Honorable Hal Daub .4119 • ,
E; '
Mayor of Omaha
Omaha/Douglas CountyCivic Center
tik
;
1819 Farnam Street •
Omaha,NE 68183 `M1f
Dear Mayor Daub:
SUBJECT: Transmittal of Grant Agreements
Supportive Housing Program •
Project Number: NE26B801003
I join Assistant Secretary Cardell Cooper in congratulating you on the final selection of
Homeless to Homeownership under the Supportive Housing Program. All conditions attached to your
award for this project have been met.
HUD's total fund obligation for this project is$ 369,882.50, allocated as follows:
1. Grant amount for Acquisition $ 120,050.00
2. Grant amount for Rehabilitation $ 149,719.50
3. Grant amount for New Construction $
4. Grant amount for Leasing -
5. Grant amount for Supportive Services $ 52,500.00
6. Grant amount for Operating Costs $ 30,000.00
7. Grant amount for Administration $ 17,613.00
Enclosed are three copies of the Grant Agreement that constitutes the agreement between you
and HUD. Please sign all three and return two of the agreements to this office. The third is for your
records.
Also enclosed are Grantee Financial Instructions in which you will find information on
completing the Direct Deposit Form, the Voice Response Access Authorization form, and the Special
Needs Assistance Programs Voucher for Grant Payment, all of which are necessary to receive payments
from HUD.
2
You are advised that your grant cannot begin and no funds can be disbursed to you for this
project until the Grant Agreement is fully executed.
Thank you for your commitment to assisting homeless persons. We look forward to working
with you to eliminate homelessness. If you have any questions, please contact Mr. Tim Severin, CPD
Representative on (402)492-3145.
Sincerely
go A.Bevy
Director
Community Planning and
Development Division.
Enclosures
Project Number
Technical
• Submission Exhibit 2: Acquisition,Rehabilitation,.New Construction. and
(con't.) Project Feasibility(new or expansion projects only)
G. Project By completing this Exhibit,a project sponsor will demonstrate that it has enouzh
Feasibility documented cash resources to carry out these activities and meet the SHP match
requirement,and that the resources will be available to meet the structure milestones
schedule in Exhibit 1.
a. Cash Enter the total cash needed to complete acquisition,rehabilitation. and/or new
Requirements construction of all structures in your project. (All Exhibit_•s. Sections D 1 or D2 plus
E4c added together.)
S 539,539.00
b. Cash Fill in the table that follows with new cash resources to be used for acquisition.
Resources rehabilitation or new construction. Do not include the cost of non-cash .onm=bunions or
enter cash resources already committed to existing projec Cash resources may be
provided by the project sponsor,Federal,State and local 2ovemrnents.or prr:ate sources.
Sources of Cash for Acquisition/ Page Nos.of Amount .tiLiD.t7se C�iilyi
Rehabilitation/New Documentation 5
Construction i;:si;,:._
1. American
National Bank $269,770
2.
3.
wpm
5.
6.
7.
c. Total Cash Total cash resources excluding SHP
request(add Lines 1 thru 7 above) $269,770
d. SHP Request SHP request(line a.minus line c.)
(SHP request may not be greater than
line c.) $269,669 •
'`'
e. Documentation Cash resources listed above in Part b.must be documented on letterhead stationer,
of Feasibility signed and dated by an authorized representative,and attached to this Exhibit. Each
• letter must,at a minimum,contain the following elements:
1. The name of the organization providing the cash resource;
2. The amount;
3. The type of activity for which the funds will be used(e.g.,acquisition,
rehabilitation,or new construction);
4. The name of the project sponsor organization(for which the resource will be
contributed to)and/or the name of the project;and
5. The date the funds will be available.
form HUD-40076-2 (12/98)
Page no: E
410
•
� -.9S
Project Number NE26B801003 •
Technical
Submission Exhibit 4: Supportive Services •
(con't) (all projects requesting service funds)
A. SHP Request
Please complete the chart below for your project's supportive services budget If you need additional space for
more services, you may reproduce this chart and label it Exhibit 4A.
In the first column, fill in the supportive service activity to be paid for using SHP funds. For staff positions,
PP
please include the job title and quantity(or FTE-full time equivalent);for supportive services,such as
transportation services,please include the type(e.g.,bus tokens)and quantity. In the Year 1 column,enter the
amount of SHP funds to be used to pay for the service in the first year. If the grant is multi-year,enter the SHP
funds to be used for Year 2,and if applicable,Year 3. In the last column,total the amount of SHP funds
requested for the full grant term. PIease ensure that the total supportive services request for the entire
grant term matches that which you entered in your project's Summary Budget in Exhibit 1.
Example:
Year Year Year
Supportive Service Expense 1 ( 2 I 3 Total
Service Activity: Mental Health Counseling S 10,000 S 10,300 S 10,609 S30,909
Quantity: 0.25 FTE
Service Activity: Transportation(Bus Tokens) 12,000 12,360 12,731 37,091
Quantity: 500/mo. @52.00 ea.
Chart 4A:
Year Year Year
Supportive Service Expense 1 2 3 Total
Service Activity:
Quantity: as per the contractual. $17,500 $17,500 $17,500 $52,500
agreement, attached; with Family
Housing to provide supportive services -
Service Activity: •
Quantity:
Service Activity:
Quantity:
Service Activity:
Quantity:
Service Activity:
Quantity:
Service Activity:
Quantity:
Total Supportive Serices Request $17,500 $17,500 $17,500 1 $52,500
form HUD-40076-2(12/98)
Page no: 3$
7' .
NE26B801003
Supportive Services Agreement
HANDS and FHAS
Page 1 of
Supportive Services Agreement Between
HOUSING AND NEIGHBORHOOD DEVELOPERS
and
FAMILY HOUSING ADVISORY SERVICES, INC.
For the Homeless to Homeownership Program
THIS SUPPORTIVE SERVICES AGREEMENT(Agreement) is entered into by and between
Housing And Neighborhood Developers(HANDS)and Family Housing Advisory Services,Inc.
(FHAS) for HANDS' Homeless to Homeownership Program(HtoH).
WHEREAS HANDS desires to offer supportive services in the form of homeowner education to
include budgeting/financial management, maintenance and homebuyer seminars to its Clients in
connection with its Homeless to Homeownership Program; and
WHEREAS FHAS desires to provide such supportive services;
NOW, THEREFORE,the Parties enter into the following agreement:
TERM OF CONTRACT
This contract shall be effective upon approval by the necessary parties for a term of three years,
and shall be automatically renewable for a term of one year upon the expiration of each term,
unless otherwise provided in writing by either party.
SCOPE OF SERVICES RENDERED BY FHAS
FHAS agrees to provide supportive services as set forth in the"Services Provided to Clients
Accepted into the Homeless to Homeownership Program" section of this Agreement. The terms
of the supportive services to be provided by FHAS are attached as"Attachment A"to this
Agreement.
CONSIDERATION
As compensation for supportive services enumerated in"Attachment A,"HANDS agrees to pay
FHAS supportive services fees of $1458 per month.
DOCUMENTATION
FHAS agrees to maintain records of services provided under this Agreement and to allow access
at reasonable times to duly authorized representatives of HANDS for the purposes of performing
audits or examinations. Such access to records by HANDS shall continue beyond the termination
of this Agreement for a period of three(3)years, or in accordance with funding requirements,
whichever period is greater.
411
„iO
•
NE26B801003
Supportive Services Agreement
HANDS and FHAS
Page2of5
NON-DISCRIIVIINATION
In the performance of this obligations under this Agreement,FHAS will comply with the
provisions of any federal,state or local law prohibiting discrimination in housing on the grounds
of race,color,religion,sex, handicap,familial status or national origin,as implemented by the
Fair Housing Amendments Act of 1988.
SUBCONTRACTORS
FHAS agrees that no subcontractors shall be utilized in the performance of this Agreement
without the prior written authorization of HANDS. HANDS understands that FHAS provides
services enumerated in"Attachment A"of this Agreement under several different program
names,but all programs remain an integral part of the FHAS organization.
ASSIGNMENT
FHAS agrees not to assign or transfer any interest,rights or duties in this Agreement to any
person, firm or corporation without the prior written consent of HANDS.
AMENDMENTS
This Agreement constitutes the entire Agreement between the parties,and may be amended at
any time in writing upon the agreement of both parties.
CANCELLATION.
{ This Agreement shall be binding upon the parties through the City of Omaha SuperNOFA, and
shall only be cancelable within those guidelines.
CONFIDENTIALITY
FHAS agrees that any and all information gathered the performance of this Contract shall be
treated as confidential.
BREACH OF CONTRACT
Should FHAS breach this Agreement, HANDS may, at its discretion,terminate the Agreement
immediately upon written notice to FHAS. In the event of termination due to breach,HANDS
shall pay FHAS only for such times as services were duly rendered.
DRUG-FREE WORKPLACE
FHAS hereby assures HANDS that it will operate a drug-free workplace in accordance with the
State of Nebraska and Federal, United State Government guidelines, and has implemented a drug-
free workplace policy.
411 1I I
NE26B801003
Supportive Services Agreement
HANDS and FHAS
Page3of5
ATTACHMENT A
Family Housing Advisory Services,Inc.(FHAS),agrees to provide supportive services to
participants(Clients)of the Housing And Neighborhood Developers(HANDS)Homeless to
Homeownership Program(HtoH)as follows:
1. An assessment to assure the capacity to transition from homelessness to home
ownership/self-sufficiency. The assessment evaluates potential for development
in one or more of the following areas:
• Employment
• Education
• Growth in living skills
• Improvement in parenting skills
• Motivation towards self-sufficiency
2. Development of a"Family Work Plan"to be reviewed monthly. The"Family
Work Plan"will:
a. Create a"road map"for participating in the HtoH pro
gram,p p g p gram,outlining goals
and expected outcomes.
b. Measure progress toward self-sufficiency •
c. Provide detailed tracking method for families.
3. Through FHAS Case Advocates and connected Continuum of Care providers,
participants will access to a comprehensive array of supportive services,to
include:
• Counseling in domestic violence, substance abuse and legal issues
• Assistance with health and pre-and post-natal issues
• Employment training,job search,education
• Language/translation
• Transportation assistance
•
•
( Project Number NE26B801003
Technical Submission Exhibit 5: Operating Budget Attachment
Line 7, Furnishings. This item is budgeted at$250/resident of the project units. Since the ten
units are sold to the new owners and the sale proceeds used to repeat the project during the three
year project period,the total expended is$250 x 20 resident families for a total of$5,000.
The specific furnishings to be purchased are dependent upon the needs of the individual
households. Allowable expenses under this category will be beds and bedding,a clothes washer
or dryer, kitchen table and chairs, sofa/chairs for the living room,and/or clothes dressers.
C
W8
Project Number t'E26B801003 • •
Technical
Submission Exhibit 5: Operating Budget
(can't) (all projects requesting operating funds)
A. SHP Request
Complete the chart below or reproduce it using available spreadsheet software. Only operating expenses for
which a cash payment will be required for this project may be entered. Do not include the value of non-cash
contributions,such as donated supplies.
In the first column under operating expense,enter the requested information including type of expense and
other information where indicated(see example in chart below). In the Year 1 column,enter the total amount
of funds to be used to pay for the expense the first year. If the grant is multi-year,enter the total funds to be
used for the second and third years if applicable. In the last column,total the amount of funds needed to help
pay for the identified operating expense for the grant term. For Line 11,total the amount of funds needed for
each year and on Line 12,enter the SHP request for each year.
Operating Expense Year 1 Year 2 Year 3 Total
(a) (b) (c) (d)
EXAMPLE: Grounds maintenance
contract;S75/mos.
1. Maintenance/Repair
$80./mo/occupied unit $ 4,400.00 $ 9,600.00 $ 9,600.00 $23,600.00
2. Staff(position,%time, fringe
benefits,salary)
3. Utilities
4. Equipment(lease/buy)
lawnmowers @ $150/each $ 1,500.00 $ 1,500.00 $ 3,000.00
5. Supplies(quantity)
q tY)
6. Insurance
$35/mo/occupied unit $ 1,600.00 $ 4,200.00 $ 4,200.00 $10,000.00
7. Furnishings(quantity)
see attached $ 2,500.00 $ -0- $ 2,500.00 $ _5,000.00
8. *Relocation(no. of persons)
9. Food(perishable/non-perishable,
quantity)
10. Other Operating Costs(amounts/
quantities) rent management $ 1,200.00 S 3,600.00 $ 3,600.00 $ 8,400.00
11. Total Operating Budget
$11,200.00 $17,400.00 $21,400.00 $50,000.00
12. **SHP Request
$ 8,000.00 S11,500.00 $10,500.00 $30,000.00
* See previous page,paragraph 3.
**The SHP request for Years 1 and 2 cannot be more than 75%of the total operating budget for those years
and for Year 3,no more than 50%of the total operating budget for that year. For renewal grants, the
amount in any year is limited to the SHP amount authorized for operations(excluding leasing) for the last
year of the expiring grant.
form HUD-40076-2 (12/98)
Page no: W17
FROM : HANDS PHONE NO. : 402 457 5584 Nov. 19 1999 11:56AM P2
{ Housing And
• Neighborhood
Developers
2319 Ogden Street
Omaha,NE 68110
November 19, 1999 402.457.4678
L'I j i jl l� fax 457.5584
City of Omaha Planning Department n JJ
Omaha/Douglas Civic Center
1819 Farnam St., Ste 111 1
Omaha,NE 68183
H-I•A•N•D•S
Scope of Work
The Computer Workshop 1999 Supportive Housing Program Funding
...daily math and reading assistance
Housing And Neighborhood Developers(HANDS)will acquire and renovate
Discovery ten homes in order to provide rent-to-own housing opportunities for homeless
...elver s^rool menroring
families.
The Shine Out School of Fine Arts
,,.s:ll•dovclopment through the arts HANDS will provide pre-and post-occupancy and purchase counseling to
Parents As Teachers homeless, low-income families(earning at or below 80%of the City median)
...helpingparenabe theirchid'9 nrel teachers who occupy and purchase these homes. HANDS will also refer the families
to Family Housing Advisory Services for pre-purchase counseling and
The Breakfast Club casework services.
..,t"rowsltlp tor senior citizens
Affordable Housing HANDS will assist families to secure affordable privgtc financing for a first
...sTigletarn*borne ormershrp mortgage and to meet City requirements for a HOME subsidized second
Crisis assistance mortgage.
•
...emergency help for families in need
HANDS shall ensure that clients who do not qualify for or are refused first
Community development mortgage fmancing assistance through the Omaha 100,Inc., are referred to
...working to build neighborhood assets
Family Housing Advisory Services (FHAS)for housing counseling services
identical to that received by qualified or approved clients referred to FHAS.
HANDS will maintain such records and accounts, including property,
personnel and financial records as are deemed necessary by the City to assure
proper accounting for all expenses.
•
HANDS will make best efforts to ensure that construction services,contracts
and employment opportunities arc affirmatively marketed to women and
minority groups.
•
HANDS will employ affirmative marketing procedurein the advertising and
marketing of the completed houses.
Sincerely, .
David A. Porter
Executive Director
4110
Join the HANDS that build hope .
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•
DEFINITION OF INCOME
October 8, 1999
Annual Income Including:
1. Wages, salaries, tips, commissions, etc.;
2 Self-employment income from owned non-farm business, including proprietorships and
partnerships;
3. Farm self-employment income;
4. Interest, dividends, net rental income, or income from estates or trusts;
5. Social security or railroad retirement;
6. Supplemental Security Income, Aid to Families with Dependent Children, or other public
assistance or public welfare programs;
7. Retirement, survivor, or disability pensions;
8. Any other sources of income received regularly, including Veterans' (VA) payments,
unemployment compensation, child support and alimony; and
9. Income from assets, as shown below:
a. Amounts in savings and checking accounts.
b. Stocks, bonds, savings certificates, money market funds and other investment
accounts.
c. Equity in real property or other capital investments. Equity is the estimated current
market value of the asset less the unpaid balance on all loans secured by the asset
and reasonable costs (such as broker fees) that would be incurred in selling the
asset. Do not include equity in principle residence (home equity).
d. The cash value of trusts that are available to the household.
e. IRA, Keogh and similar retirement savings accounts, even though withdrawal
would result in a penalty.
f. Contributions to company retirement/pension funds that can be withdrawn without
retiring or terminating employment.
g. Assets which, although owned by more than one person, allow unrestricted access
by the applicant.
h. Lump sum receipts such as inheritances, capital gains, lottery winnings, insurance
settlements and other claims.
i. Personal property held as an investment such as gems, jewelry, coin collections,
antique cars, etc.
j. Cash value of life insurance policies.
k. Assets disposed of for less than fair market value during two years preceding
certification or recertification.
10. Actual income from assets if total assets are$5,000 or less.
11. If assets are more than $5,000, the greater of (a) actual income from assets, or (b) total
assets times passbook rate.
12. Assets do not include:
a. Necessary personal property, except as noted in 9 (i).
b. Interest in Indian trust lands.
c. Assets that are a part of an active business or farming operation. NOTE: Rental
properties are considered personal assets held as an investment rather than business
assets unless real estate is the applicant's/tenant's main occupation.
d. Assets not accessible to the family and which provide no income for the family.
e. Vehicles especially equipped for the handicapped.
f. Equity in owner-occupied cooperatives and manufactured homes in which the
family lives.
g. Equity in principle residence (home equity).
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr December 14 19„9.9
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, on April 30, 1998, 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 of the
membership of the Omaha Area Continuum of Care for the Homeless; and,
REAS,the City of Omaha developed and submitted to the U. S. Department of
Housing and Urban Development a consolidated application with the Visiting Nurse Association;
Family Service; Legal Aid Society,Inc.; Housing And Neighborhood Developers,Inc.; The Paxton,
Inc.; and the Charles Drew Health Center for Continuum of Care- Supportive Housing funding; and,
WHEREAS, on January 13, 1999, the U. S. Department of Housing and Urban
Development notified the City of Omaha of the conditional selection of its consolidated application.
for funding under the Fiscal Year 1998 Supportive Housing Program; and,
WHEREAS,the U. S. Department of Housing and Urban Development has awarded
Housing And Neighborhood Developers, Inc. Supportive Housing funds in the amount of
$369,882.50, and has assigned the grant number NE26B801003 for the Housing And Neighborhood
Developers,Inc. project; and,
WHEREAS,Housing And Neighborhood Developers,Inc. will use the Supportive
Housing Program funds to establish a Revolving Loan Fund to purchase and rehabilitate ten (10)
single family homes that will be used to house formerly homeless individuals and families and to
provide support services in the form of counseling,job search,child care, employment training, etc.;
and,
By
Councilmember
Adopted
City Clerk
Approved
Mayor
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr December 14 19 99
PAGE-2-
•
WHEREAS,the ten (10) single family homes will be sold to those families attaining
self-sufficiency. Other houses will be purchased as replacements for housing units that are sold; and,
WHEREAS, it is in the best interests of the citizens of the City of Omaha to enter
into this Agreement with Housing And Neighborhood Developers, Inc., to provide supportive
Housing assistance for Omaha's Continuum of Care programs which will help provide a much.
needed comprehensive approach to develop and implement housing and service delivery programs
to help homeless individuals and families move to permanent housing and self-sufficiency to the
extent possible; and to establish a Revolving Loan Fund to purchase and rehabilitate ten(10) "rent-
to-own" single-family homes for previously homeless persons.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT,the attached Agreement,as recommended by the Mayor,between the City of
Omaha and Housing And Neighborhood Developers,Inc., a Nebraska Non-profit Corporation,2319
Ogden Street, Omaha,Nebraska 68110, in the amount of$369,882.50 to provide supportive services,
counseling,job search, child care, employment, training, etc., to ready homeless individuals for
homeownership and to establish a Revolving Loan Fund for the purchase and rehabilitation of ten
(10) single-family homes to be occupied by formerly homeless persons,is hereby approved. Funds
in the amount of$369,882.50 shall be paid from the Continuum of Care Supportive Grant,Fund 190,
Organization 8015.
APPROVED AS TO O .
X) /a -7-q
AS STANT CITY ATT RNEY DATE
P:U'LN3\9206SAP.DOC
Pa A c2 s7LeAk
By •
Councilmember
Adopted U 141999 -a
ity CI ..
N
Approved :f /�/ T
Mayor 411
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