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HomeMy WebLinkAboutResolution - 2009-R0195 - Amendment - HUD - Lubbock 2008 Action Plan - 05/14/2009Resolution No. 2009-RO195 May 14, 2009 Item No. 5.8 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to submit on behalf of the City of Lubbock a Substantial Amendment to the U. S. Department of Housing and Urban Development (HUD) for the City of Lubbock's 2008 Action Plan. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 14th day of May , 2009. TOM MARTIN, MAYOR ATTEST: Q.Gc_z Rebecka Garza, City Secretary ROVED AS TO CONTENT: Bill Howerton, Jr. Community Development Directoi APPROVED AS TO FORM: Resolution No. 2009-ROt95 GENERAL CERTIFICATIONS FOR STATE OR LOCAL GOVERNMENT FOR THE HOMELESSNESS PREVENTION AND RAPID RE -HOUSING PROGRAM (HPRP) In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the state, territory, or local government certifies that: Affirmatively Further Fair Housing -- The state, territory, or local government will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction or state, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Drug -Free Workplace -- It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about: (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph I that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, state, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti -Lobbying -- To the best of the state, territory, or local government's knowledge and belief: I . No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 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; 2. 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, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraphs 1 and 2 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. Authority of Local Government, State, or Territory -- The submission of the consolidated plan is authorized under state law and local law (as applicable) and the jurisdiction or state possesses the legal authority to carry out the programs under the consolidated plan for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with Plan -- The housing activities to be undertaken with HPRP funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. May 14, 2009 Signature/Authorized Official TOM MARTIN Date Mayor Title ATTEST: Rebe ca Garza, Lit} Secret r Homelessness Prevention and Rapid Re -Housing Program (HPRP) Certifications The HPRP Grantee certifies that: Consolidated Plan — It is following a current HUD -approved Consolidated Plan or CHAS. Consistency with Plan — The housing activities to be undertaken with HPRP funds are consistent with the strategic plan. Confidentiality It will develop and implement procedures to ensure: (1) The confidentiality of records pertaining to any individual provided with assistance; and (2) That the address or location of any assisted housing will not be made public, except to the extent that this prohibition contradicts a preexisting privacy policy of the grantee. Discharge Policy — A certification that the State or jurisdiction has established a policy for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. HNUS — It will comply with HUD's standards for participation in a local Homeless Management Information System and the collection and reporting of client -level information. 7of May 14, 2009 Signature/Authorized Official TUM MARTIN Date Mayor Title ATTEST: !xebec a Garza, City Secretary. Resolution No. 2009—RO195 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug -Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The Grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) 1625 — 13th Street, Lubbock, Lubbock, Texas 79401 Check _ if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 24, subpart F. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 GFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non -Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Resolution No. 2009—RO195 Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homeless Prevention and Rapid Re -Housing Program (HPRP) A. General Information Grantee Name City of Lubbock Name of Entity or Department Administering Funds Community Development. HPRP Contact Person (person to answer questions about this amendment and HPRP) Bill Howerton , Jr. Title Director Address Line 1 P. O. Box 2000 Address Line 2 1625 13' Street City, State, Zip Code Lubbock, TX. 79457 Telephone 806-775-2300 Fax 806-775-3917 Email Address bhowerton@mylubbock.us Authorized Official (if different from Contact Person) Tom Martin Title Mayor Address Line 1 P. O. Box 2000 Address Line 2 1625 13` Street City, State, Zip Code Lubbock, TX. 79457 Telephone 806-775-2009 Fax 806-775-3335 Email Address tmartin@mylubbock.us Web Address where this Form is Posted www.ci.lubbock.tx.us Amount Grantee is Eligible to Receive $947,453 Amount Grantee is Requesting $947,453 Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homeless Prevention and Rapid Re -Housing Program (HPRP) B. Citizen Participation and Public Comment 1. Briefly describe how the grantee followed its citizen participation plan regarding this proposed substantial amendment (limit 250 words). Response: The city follows its citizen participation plan as per the Consolidated Plan by allowing citizen input on both the Consolidated Plan and the Annual Action Plan through citizen comment periods, Public Hearings and representation by the Community Development and Services Board. Meetings are conducted with neighborhoods through town hall meetings and neighborhood associations to gain input on needs and priorities. The City of Lubbock conducted a Public Hearing to allow citizens to comment. The public hearing was on May 13, 2009 at 6:00 p.m., during the regularly scheduled meeting of the Community Development and Services Board. A public comment period began on May 4 for 12 days ending on May 15 at 5 p.m. 2. Provide the appropriate response regarding this substantial amendment by checking one of the following options: X Grantee did not receive public comments ❑ Grantee received and accepted all public comments 0 Grantee received public comments and did not accept one or more of the comments. 3. Provide a summary of the public comments regarding this substantial amendment. Include a summary of any comments or views not accepted and the reasons for non-acceptance. Response: No comments received. C. Distribution and Administration of Funds Reminder: The HPRP grant will be made by means of a grant agreement executed by HUD and the granted. The three-year deadline to expend funds begins when HUD signs the grant agreement. Grantees should ensure that sufficient planning is in place to begin to expend funds shortly after grant agreement. 1. Check the process(es) that the grantee plans to use to select subgrantees. Note that a subgrantee is defined as the organization to which the grantee provides HPRP funds. ❑ Competitive Process ❑ Formula Allocation X Other (Specify: Utilize current subgrantees that receive regular ESG funds for Homeless Prevention, Essential Services and Operations: and other current grantees that have the expertise and experience in delivering the activities eligible under the HPRP.) Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homeless Prevention and Rapid Re -Housing Program (HPRP) 2. Briefly describe the process(es) indicated in question 1 above (limit 250 words). Response: Current ESG subgrantees went through a competitive process to apply for regular ESG funds. The process begins with a technical workshop that provides information on the three HUD grants that the City of Lubbock receives including ESG. Applications are distributed at the end of the workshop and applicants are allowed 30 days to submit their proposal/activity/application. A subcommittee from the Community Development and Services Board reviews applications and conducts meetings with each applicant. Applicants present their proposal and information on their non-profit. Once all reviews are conducted the subcommittee makes its recommendations to the entire board. Once the board approves, disapproves or makes changes if any to those recommendations they are presented to the City Council for approval. Community Development Staff then prepares the Annual Action Plan to submit to HUD for approval. 3. Briefly describe the process the grantee plans to use, once HUD signs the grant agreement, to allocate funds available to subgrantees by September 30, 2009, as required by the HPRP Notice (limit 250 words). Response: Current grantees will be evaluated on the organizations capacity and experience in carrying out activities that are eligible under the HPRP. The subgrantees will also be evaluated on the number of staff currently available to carry out activities and the number of staff that they would require adding. The subgrantees will be evaluated lastly on the type and number of eligible participants that they can serve. The Community Development and Services Board will approve all subgrantees and amount of funds allocated to each for eligible activities. The City Council will approve all contract agreements and make final decisions on all funding. 4. Describe the grantee's plan for ensuring the effective and timely use of HPRP grant funds on eligible activities, as outlined in the HPRP Notice. Include a description of how the grantee plans to oversee and monitor the administration and use of its own HPRP funds, as well as those used by its subgrantees (limit 500 words). Response: Subgrantees that the city contracts with will report to the city on a monthly basis as they are accustomed to doing with the other contracts they have with the city. Staff will monitor monthly through desk reviews of reports which will include number of unduplicated clients served, demographic information of clients such as race, ethnicity, age, sex, income, number in household, and the amount of assistance each household was assisted with for that month. Staff will also conduct on-site field reviews at least 1-2 times a month to ensure compliance and the smooth flow of activities. The city will report to HUD as required on the use of funds. Reports will include amount of funds expended on all activities including direct assistance to clients, Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homeless Prevention and Rapid Re -Housing Program (HPRP) number of households assisted, and number of individuals and families that were served. D. Collaboration 1. Briefly describe how the grantee plans to collaborate with the local agencies that can serve similar target populations, which received funds under the American Recovery and Reinvestment Act of 2009 form other Federal agencies, including the U.S. Department of Education, Health and Human Services, Homeland Security, and Labor Department (limit 250 words). Response: The city has an established relationship with agencies, non -profits, organizations and other entities through its participation in the homeless consortium, housing consortium, United Way, SPAG's Resources United, Urban Renewal Board and the Community Development and Services Board. The city also has established relationships with non -profits that have had prior funding or currently receive funding from the city's federal grants and state grants. 2. Briefly describe how the grantee plans to collaborate with appropriate Continuum of Care and mainstream resources regarding HPRP activities (limit 250 words). Response: The city is currently an active member and participant of the South Plains Homeless Consortium (SPHC) and collaborates and provides technical assistance to local non -profits of which some are members of the SPHC. The city guides the Continuum of Care process through its Consolidated Plan Priorities and encourages collaboration among the local non -profits providing services for the at risk homeless and those experiencing homelessness. As a member of the SPHC the city will use that avenue to get the word out on HPRP funding, resources and the established format for the allocation process. The city also conducts workshops yearly and releases information through neighborhood meetings, town hall meetings, public hearings, press releases and informational material. 3. Briefly describe how HPRP grants funds for financial assistance and housing relocation/stabilization services will be used in a manner that is consistent with the grantee's Consolidated Plan (limit 250 words). Response: The City of Lubbock will follow its Consolidated Plan goals and objectives in serving those at risk of homeless and those experiencing homelessness. The city partners with local non -profits that are members of the SPHC to coordinate the services that are needed by the homeless and to try and address homeless issues. The city's Consolidated Plan currently supports activities for homeless prevention, essential services and facility operations through the regular ESG funds. Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homeless Prevention and Rapid Re -Housing Program (HPRP) HPRP funds will be used as per the requirements and eligible activities which coincide with our Consolidated Plan goals and objectives of providing homeless prevention assistance with rent and utilities for those at risk of homelessness and those already in a homeless situation. The current essential services program under ESG will help enhance the HPRP activities and help meet the city's Consolidated Plan goals of providing housing for homeless individuals and families. E. Estimated Budget Summar HUD requires the grantee to complete the following table so that participants in the citizen participation process may see the grantee's preliminary estimated amounts for various HPRP activities. Enter the estimated budget amounts for each activity in the appropriate column and row. The grantee will be required to report actual amounts in subsequent reporting. HPRP Estimated Budp-et Summary Data Collection and Evaluation*** $47,372 Administration (up to 5% of allocation) $47,372 Total HPRP Amount Budgeted**** $947,453 -Financial assistance includes the following activities as detailed on the HPRP Notice: short-term rental assistance, medium-term rental assistance, security deposits, utility deposits, utility payments, moving cost assistance, and motel or hotel vouchers. **Housing relocation and stabilization services include the following activities as detailed in the HPRP Notice: case management, outreach, housing search and placement, legal services, mediation, and credit repair. ***Data collection and evaluation includes costs associated with operating HUD -approved homeless management information system for purposes of collecting unduplicated counts of homeless persons and analyzing patterns of use of HPRP funds ****This amount must match the amount entered in the cell on the table in Section A titled "Amount Grantee is Requesting." Homelessness Rapid Total Amount Prevention Re -Housing Budgeted Financial Assistance* $225,000 $397,256 $657,500 Housing Relocation and $80,000 $150,453 $230,453 Stabilization Services** Subtotal $305,000 $582,953 $887,953 (add previous two rows) Data Collection and Evaluation*** $47,372 Administration (up to 5% of allocation) $47,372 Total HPRP Amount Budgeted**** $947,453 -Financial assistance includes the following activities as detailed on the HPRP Notice: short-term rental assistance, medium-term rental assistance, security deposits, utility deposits, utility payments, moving cost assistance, and motel or hotel vouchers. **Housing relocation and stabilization services include the following activities as detailed in the HPRP Notice: case management, outreach, housing search and placement, legal services, mediation, and credit repair. ***Data collection and evaluation includes costs associated with operating HUD -approved homeless management information system for purposes of collecting unduplicated counts of homeless persons and analyzing patterns of use of HPRP funds ****This amount must match the amount entered in the cell on the table in Section A titled "Amount Grantee is Requesting." Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homeless Prevention and Rapid Re -Housing Program (HPRP) F. Authorized Signature By signing this application, I certify (1) to the statements contained in the list of certifications and (2) that the statements herein are true, complete, and accurate to the best of my knowledge. I also provide the required assurances and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) May 14, 2009 Signature /Authorized Official TOM MARTIN Date Mayor Title ATTEST: "- Rebecci Garza, City Secretary OMB Number: 4040-0004 Resolution No. 2009—RO195 Expiration Date: 01/31J2009 Application for Federal Assistance SF -424 Version 02 *1. Type of Submission: *2. Type of Application * If Revision, select appropriate letter(s) ❑ Preapplication ❑ New ❑ Application ❑ Continuation `Other (Specify) HPRP ❑ Changed/Corrected Application ❑ Revision 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: *5b. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: City of Lubbock *b. Employer/Taxpayer Identification Number (EIN/TIN): *c. Organizational DUNS: 75-6000590 075-152-968 d. Address: *Street 1: 162513 th Street Street 2: P. O. Box 2000 *City: Lubbock County: Lubbock `State: Texas Province: *Country: United States of America *Zip 1 Postal Cade 79457 e. Organizational Unit: Department Name: Division Name: Community Development (CD) f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mr. *First Name: Bill Middle Name: *Last Name: Howertor Suffix: Jr. Title: CD Director Organizational Affiliation: *Telephone Number: 806-775-2301 Fax Number: 806-775-3917 *Email: bhowerton@mylubbock.us OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 *9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: *Other (Specify) *10 Name of Federal Agency: U. S. Department of housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: CFDA Title: *12 Funding Opportunity Number: *Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): City of Lubbock *15. Descriptive Title of Applicant's Project: American Recovery and Reinvestment Act of 2009, Homeless Prevention and Rapid Re -Housing Program To assit at risk homeless and those experiencing homelessness. OMB Number: 4040-0004 Expiration Date: 01 /31/2009 Application for Federal Assistance SF -424 Version 02 16. Congressional Districts Of: *a. Applicant: 19th *b. Program/ Project: 19th 17. Proposed Project: *a. Start Date: October 1, 2009 *b. End Date: September 30,2011 18. Estimated Funding ($): *a. Federal $947,453 *b. Applicant *c. State *d. Local *e. Other *f, Program Income *g. TOTAL $947,453 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? ❑ a. This application was made available to the State under the Executive Order 12372 Process for review on ❑ b, Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E. O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) ❑ Yes ® No 21, *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) ® '-I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: Mr. *First Name: Tom Middle Name: *Last Name: Martin Suffix: *Title: MAYOR ATTEST: Reb cca Garza, City Secre y *Telephone Number: 806-775-3000 Fax Number: * Email: tmartin@mylubbock.us *Signature of Authorized Representative: �jp�, *Date Signed: May 14, 2009 Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A-102 OMB Number; 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 *Applicant Federal Debt. Delinquency Explanation The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt.