HomeMy WebLinkAboutMINUTES - 04222014 - C.58RECOMMENDATION(S):
1. APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to enter into a fiscal year
2013 funding agreement with the City of Oakland that authorizes the County to administer $512,074 in Housing
Opportunities for Persons with HIV/AIDS funds, for housing and supportive services for low-income persons with
HIV/AIDS, for the period of July 1, 2013 through June 30, 2016; and
2. APPROVE the allocation of the 2013 Housing Opportunities for Persons with HIV/AIDS funds as follows:
$478,574 for housing development, and $33,500 for program administration.
FISCAL IMPACT:
No General Fund impact. Housing Opportunities for Persons with HIV/AIDS funds are provided through the
Department of Housing and Urban Development (HUD) to the City of Oakland, as administering agent. $33,500 is
designated to cover staff costs associated with program administration.
CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA NUMBER):
Housing Opportunities for Persons with HIV/AIDS Program - 14.241
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/22/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Kristin Sherk,
925-674-7887
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: April 22, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 58
To:Board of Supervisors
From:Catherine Kutsuris, Conservation and Development Director
Date:April 22, 2014
Contra
Costa
County
Subject:Housing Opportunities for Person with HIV/AIDS Funding Agreement between the City of Oakland and the County
of Contra Costa
BACKGROUND:
The National Affordable Housing Act (Public Law 101-625, approved November 28, 1990) authorizes the
Housing Opportunities for Persons with HIV/AIDS Program (HOPWA) to provide states and localities with
resources to devise long-term comprehensive strategies for meeting the housing needs of persons with HIV/AIDS
and related diseases.
The City of Oakland (City) is the HOPWA grant recipient for Alameda and Contra Costa counties. The City
allocates the HOPWA funds between the counties on a fair share allocation basis. Approval of a funding
agreement with the City will provide $512,074 in fiscal year 2013 funds to the County. These funds may be used
for acquisition, rehabilitation and new construction of affordable housing; supportive services; housing
information services; and certain other housing related activities for low-income persons with HIV/AIDS.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve the fiscal year 2013 HOPWA funding agreement with the City of Oakland, the
County would not receive and administer $512,074 in HOPWA funds and low-income persons with HIV/AIDS in
the County would lose vital housing and supportive services.
ATTACHMENTS
2013 HOPWA Funding Agreement
1
FUNDING AGREEMENT BETWEEN
THE CITY OF OAKLAND AND CONTRA COSTA COUNTY
FOR THE 2013 HOPWA PROGRAM
GRANT NUMBER: G462110
This funding agreement (“Agreement”) is dated February __, 2014, and is between the
City of Oakland, a municipal corporation (the “City”), and the County of Contra Costa, a
political subdivision of the State of California, (the "County").
RECITALS
A.The City has received Housing Opportunities for Persons with Aids Program funds
from the United States Department of Housing and Urban Development ("HUD")
pursuant to the HOPWA Program (the “HOPWA Funds”). The HOPWA Funds
must be used in accordance with 24 C.F.R. Section 574 et seq.
B.The County is a project sponsor under the HOPWA Program. The City and the
County desire that the County receive and administer $512,074 of the HOPWA
Funds on the City’s behalf (the “HOPWA Allocation”).
C.The Oakland City Council passed Resolution Number 76471 C.M.S. and
Resolution Number 84344 authorizing this agreement with Contra Costa County for
the HOPWA Program.
D.Using the selection process set forth in Exhibit A, the County will contract with one
or more nonprofit housing development and service providers (each, a "Provider")
to carry out projects that result in housing development, supportive services, and/or
homeless prevention activities for persons with HIV/AIDS. The County will also
monitor the Providers’ performance under the contract(s).
The parties therefore agree as follows:
AGREEMENT
1. PERFORMANCE PERIOD
The term of this Agreement begins July 1, 2013 and ends June 30, 2016.
2. FUNDING AMOUNT
These funds are provided by the U.S. Department of Housing and Urban Development
under the Catalog of Federal Domestic Assistance Number (CFDA#) 14.241.
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The HOPWA Allocation shall not exceed $512,074. The County may use up to seven
percent (7%) of the funds allocated to a particular project (“Project Activity Funds”) for
project sponsor administrative expenses.
3. PROJECT SELECTION; BUDGET; PROVIDERS
The County shall select projects undertaken pursuant to this Agreement in accordance
with the priority-setting and selection process set forth in Exhibit A. The County shall
use the HOPWA Allocation in accordance with the budget set forth in Exhibit B. A list
of Providers and projects approved by both the City and the County will be attached to
this Agreement as Exhibit C once the list is approved by both the City and the County.
The HOPWA Allocation may only be used for projects identified on Exhibit C that are
carried out by the corresponding Providers identified on Exhibit C or (ii) consistent with
the activities described in Section 7 – Use of Funds, below.
4. CONTRACTING
The County shall administer the HOPWA Allocation to provide housing development,
support services, and/or homeless prevention activities for persons with HIV/AIDS. For
this purpose, the County shall contract with approved Providers to carry out projects that
are (i) identified on Exhibit C,or (ii) consistent with the activities described in Section 7
– Use of Funds, below. Prior to the execution of any contract the County proposes to
enter into in connection with this Agreement, the County shall submit to the City a staff
report allocating funds and describing the proposed Projects and/or Programs to be
funded. Once approved the City may request a copy of any of the contracts for Projects
and Programs in advance and the City reserves the right to review and approve the
contract. Following the execution of any contract by the County in connection with this
Agreement, the City reserves the right to monitor the Provider’s performance of the
contract. The City shall ensure that the County and Providers administer and monitor said
contracts.
5. FUNDING DISTRIBUTION
The County shall distribute the HOPWA Allocation to Providers in the County of Contra
Costa.
6. PROGRAM REQUIREMENTS
The County is responsible for ensuring that Providers comply with all HOPWA Program
requirements, as set forth in 24 CFR Part 574, the AIDS Housing Opportunity Act, as
amended by the Housing and Community Development Act of 1992, and any other
program requirements imposed by HUD. The relevant requirements are hereby
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incorporated into this Agreement by reference. The City shall ensure that the County and
Providers comply with the HOPWA Program requirements.
7. USE OF FUNDS
Subject to applicable requirements described in 24 C.F.R. §§ 574.310, 574.320, 574.330,
and 574.340, the County may use the HOPWA Allocation to assist all forms of housing
designed to prevent homelessness, including emergency housing, shared housing
arrangements, apartments, single room occupancy (SRO) dwellings, and community
residences. Appropriate supportive services, as required by § 574.310(a), must be
provided as part of any HOPWA-assisted housing, but the County may use the HOPWA
Allocation to provide services independent of any housing activity. The County shall
ensure that the HOPWA Allocation is used only for HOPWA-eligible activities that are
approved by the City and are identified in Exhibit C or are described as follows:
a.Housing counseling, information and referral to assist in locating, acquiring,
financing and maintaining housing. This may include Fair Housing information.
b. Resource identification to establish, coordinate and develop housing assistance
resources (preliminary research, determining feasibility of specific housing
related initiatives).
c. Acquisition, rehabilitation, conversion, lease, and repair of facilities to provide
housing and services.
d. New construction (SROs and community residences only).
e. Project or tenant-based rental assistance, including assistance with shared housing
arrangements.
f. Short-term rent, mortgage, and utility payments to prevent homelessness.
g. Supportive services including but not limited to health, mental health assessment,
permanent housing placement, drug and alcohol abuse treatment and counseling,
day care, personal assistance, nutritional services, intensive care when required,
and assistance in gaining access to local State and Federal government benefits
and services.
h. Operating costs for housing, including maintenance, security, operation,
insurance, utilities, furnishings, equipment and other incidental costs.
i. Technical assistance in establishing and operating a community residence,
including planning and other predevelopment or pre-construction expenses and
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outreach and education regarding HIV\AIDS to persons residing in close
proximity.
8. MONITORING AND REPORTING
The County shall conduct an ongoing assessment of the housing assistance and
supportive services provided by the Providers with the HOPWA Allocation. The County
shall conduct the reasonable and necessary recordkeeping and reporting activities
described below, which have been established by the City for the purpose of carrying out
the City’s HOPWA program in an effective and efficient manner. Where appropriate,
reports and records shall include client race and ethnic data.
a.Quarterly reports shall include narrative updates of all HOPWA activities,
including: status of housing developments, number of persons served in each
housing and support service activity listed in Exhibit C, leverage funds obtained
and expended, program barriers and any other pertinent information the County
desires to report to HUD regarding HOPWA activities through the Integrated
Disbursement and Information System (IDIS) and the Consolidated Annual
Performance & Evaluation Report (CAPER). This information shall be uploaded
to HUD’s IDIS reporting system quarterly. Quarterly reports are due ten days
following the end of each of the first three quarters of the fiscal year, i.e., on
October 10, January 10, and April 10.
b.Annual Reports are to be submitted to the City not later than July 31 of each year.
Annual reports are to be submitted using HUD’s HOPWA Consolidated Annual
Progress & Evaluation Report-CAPER –form HUD-40110-D [Expiration Date:
10/31/2014], Section 3 Summary Report (for preparation of HUD form - 60002),
and the HOPWA Beneficiary Verification form.
Reporting requirements and the CAPER & Beneficiary Verification forms can be
accessed at the following sites:
https://www.onecpd.info/resource/1011/hopwa-caper-form-hud-40110-d/,
http://www.hud.gov/offices/lead/library/lead/Section3_Form.pdf and
http://www.hudhre.info/documents/HOPWACAPERBeneficiaryVerification.doc
c.Providers who continue to provide the same or similar services each year and have
not had any audit findings in the preceding year may be monitored every other
year, but at least every third year. By February 15, the County shall develop a
preliminary monitoring schedule for the next fiscal year. The County will use a
risk assessment tool to determine which Providers will be monitored. Existing
Providers that have the highest number of risk factors, as determined by the
County, along with new Providers that have never been monitored by the County,
will be given the highest priority for monitoring. Providers with multiple findings
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during initial monitoring should be monitored by the County annually throughout
the term of the contract, or until the Provider has been monitored in three
consecutive years and has not received any findings.
9. ADMINISTRATIVE EXPENSES
The amounts designated as administrative funds in the Budget are to be used as
administrative expenditures related to carrying out the HOPWA program activities,
housing, and services described in this Agreement in compliance with 24 C.F.R.
§ 574.300.
10. METHOD OF PAYMENT
The County may submit requests for payment to the Community Housing Services
Division of the City of Oakland’s Department of Human Services no more than once per
month and not less than once per quarter; provided, however, the County shall submit its
request for payment for the fourth quarter no later than August 30. When submitting a
request for payment, the County shall use the Request for Payment form, which is
attached as Attachment I to this Agreement. Each Request for Payment will include a
summary of the funds expended, by budget category and Provider, for the months for
which funds are requested.
The County shall retain, for review by the City, documentation to support the funding
requested. In order to receive payment, each request must be supported by
documentation reasonably sufficient to support the payment requested by the County.
The County shall grant access to representatives of the City to any supporting
documentation within seven days after receipt of a written request by the City.
Funds disbursed to the County may not exceed the amount set forth in the Budget
attached as Exhibit B. The City’s Community Housing Services staff shall verify and
approve requisitions and required supporting data for accuracy and programmatic
compliance prior to submitting them to the City’s Grants and Projects Division for
payment. Relevant reports and documents are to be submitted as required within the
context of this Agreement. The County's failure to comply with these requirements will
cause a delay in payment and could result in termination of the Agreement. The City
shall process and forward all eligible payment requests to the City’s Grants and Projects
Division within ten working days of their receipt by the City’s Community Housing
Services staff. All authorized obligations incurred in the performance of this Agreement
must be reported to the City within sixty (60) days of the expiration of the Performance
Period under the Agreement, as such period may be amended from time to time. No
claims submitted after such sixty day period shall be recognized as binding upon the City
for reimbursement. Any obligation and/or debts incurred by the County and not reported
to the City within such sixty day period become the sole liability of the County, and the
City is relieved of any and all responsibilities.
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11. AUDIT REPORT
The audited Schedule of Expenditures of Federal Awards (SEFA) report will identify and
report separately expenditures to each funding year. Therefore, expenditures of HOPWA
2013 will be reported as a separate total from the expenditures total of HOPWA 2012 and
reported as a separate total from expenditures total HOPWA 2011 and so forth and so on
for all pertinent HOPWA years of reported expenditures.
In addition to the reporting requirements listed in Section 8 – Monitoring and Reporting,
the County shall commission an independent auditing firm to prepare and file with the
City an annual audit report for each year during the term of this Agreement. The
County’s failure to submit the audit report may result in the termination of this
Agreement.
The audit report is to be submitted to the City by January 15 of each year during the term
of this Agreement. The audit report should state that an audit was made in accordance
with the provisions of the Federal Office of Management and Budget Circular A-128.
The City will use the audit report to determine whether:
1. The financial statements of the County present fairly its financial position and the
results of its operations in accordance with generally accepted accounting principles.
2. The County has (i) an internal control structure to provide reasonable assurance that
the County is managing Federal awards in compliance with applicable laws and
regulations, and (ii) controls that ensure compliance with laws and regulations that
could have a material impact on the County’s financial statements.
3. The County has complied with laws and regulations for the HOPWA Program that
may have a direct and material effect on the County’s financial statements.
The County shall also submit any administrative department audit conducted during the
term of this Agreement. The County shall require Providers with which the County
contracts in connection with this Agreement to meet the same audit requirements set forth
in this Section 11.
12. INDEMNITY
The County shall indemnify and hold the City, its members, officials, directors,
employees, and agents harmless from any losses, damages, liabilities, claims, demands,
judgments, actions, court costs, and legal or other expenses (including attorneys' fees)
that the City many incur as a result of (i) the improper use of HOPWA Allocation by the
County, (ii) the County's failure to perform its obligation to monitor the use of HOPWA
Allocation under this Agreement, or (iii) any demand by HUD to the City for
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reimbursement of any HOPWA Allocation to the extent such demand is based on the
negligent acts or omissions or willful misconduct of the County. The duty of the County
to indemnify includes the duty to defend the City in any court action, administrative
action, or other proceeding brought by any third party, including HUD, to the extent such
action or proceeding arises as a result of the County’s negligence or willful misconduct in
the performance of its obligations under this Agreement. The County's duty to indemnify
shall survive the term of this Agreement.
The County shall require each Provider to indemnify and defend the City to the same
extent and in the same manner as described in the first paragraph of this Section 12 from
the consequences of the Provider’s act or omission involving negligence or willful
misconduct in the performance of its obligations under contracts entered into in
connection with this Agreement.
The City shall indemnify and defend the County to the same extent and in the same
manner as described in the first paragraph of this Section 12 from the consequences of
the City’s act or omission involving negligence or willful misconduct in the performance
of its obligations under this Agreement.
The party with the obligation to indemnify pursuant to this Section 12 shall pay the
indemnified party(ies) as soon as practicable following the determination of the amount
due.
[Remainder of Page Intentionally Left Blank]
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13.AMENDMENT
This Agreement may only be amended through a writing executed by both the City and
the County.
The City and the County are signing this Agreement as of the date set forth in the
introductory paragraph.
CITY OF OAKLAND
A Municipal Corporation
By:
City Administrator Date
ADMINISTERING AGENCY APPROVAL FOR FOWARDING
Department of Human Services
By:
Director, Department of Human Services Date
APPROVED AS TO FORM AND LEGALITY
By:
City Attorney’s Office Date
COUNTY OF CONTRA COSTA
A Political Subdivision of the State of California
By:
Director, Department of Conservation
and Development
Date
APPROVED AS TO FORM
Sharon L. Anderson, County Counsel
By:
9
Deputy County Counsel Date
A-1
EXHIBIT A
PRIORITY SETTING AND SELECTION PROCESS
The process for allocating and awarding HOPWA Allocation in Contra Costa County is as
follows:
1. Consultation with Local HIV/AIDs Advisory Bodies
The City shall review its HOPWA priorities and its contemplated allocation of resources
among eligible funding categories to ensure consistency with the following planning
documents:
Contra Costa Consortium Consolidated Plan (the “Consolidated Plan”), required for
participation in federal housing programs funded through the U.S. Department of
Housing and Urban Development (HUD); and
The Oakland EMA HIV/AIDs Health Services Comprehensive Plan (the
“Comprehensive Plan”), required for participation in programs funded through the
U.S. Department of Health and Human Services.
The County will prepare the Consolidated Plan with the Consortium Members, including the
cities of Antioch, Concord, Pittsburg, and Walnut Creek.
In preparing both plans, the County will consult with all Contra Costa entitlement
jurisdictions and cities within the Urban County; the HIV/AIDs Consortium and Planning
Council; public and private organizations involved in the provision of housing and services
to persons with HIV/AIDs; and local interest groups. The County’s departments of
Conservation and Development (DCD) and the Health Services (HSD) will coordinate the
development of HIV/AIDs priorities and strategies in order to ensure consistency in the
Consolidated Plan and the Comprehensive Plan. The Consolidated Plan includes the use of
HOPWA funds.
2. Public Meetings
The County will strive to encourage very low- and low-income persons, members of minority
groups, members of non-English speaking groups, and other residents to express their views
and ideas of what they perceive as community development and housing needs in Contra
Costa County through an annual public meeting. The widely-publicized public meeting will
be held to advise residents and nonprofit organizations of program requirements and
processes to be followed in developing and approving applications for federal grant
programs, including HOPWA. Meeting participants will be provided with information about
the amount of program funds to be available for both housing and community development
A-2
activities and for planning and administrative activities. Citizens, public agencies, and other
interested parties will have information available to them, including the specific amount of
assistance the County expects to receive and the range of eligible activities that may be
undertaken. This information will be published in the non-legal section of one or more
newspapers of general circulation at least thirty (30) days prior to the date applications for
funding are due.
The County may conduct additional public meetings at various stages of the funding process.
Meetings will be scheduled at times and locations that permit broad participation by very low
and low-income persons. When needed or upon request, translators will be made available
for non-English speaking attendees and the hearing-impaired.
3. Recommendations for Funding Categories and Allocations
Based on the priorities in the Consolidated Plan and input received from the planning process
and consultations described above, the County will develop recommendations concerning the
amount of HOPWA funds to be allocated to each eligible funding category. The County will
present these recommendations to Contra Costa entitlement jurisdictions (the County and
cities of Antioch, Concord, Pittsburg, Richmond, and Walnut Creek) for their review and
comment. Following this process, the County will submit the proposed allocations to the
City for review. City approval will depend on the County's proposal being (i) consistent with
the City’s established community priorities, and (ii) eligible for receipt of HOPWA funds in
accordance with HOPWA regulations.
4. Competitive Application Process
HOPWA funds will be allocated to eligible activities consistent with the County’s established
funding priorities through a competitive application process implemented by the County. The
City may participate in this process as an observer and may provide technical assistance.
DCD and HSD will jointly host public meetings to discuss the use of HOPWA funds in
Contra Costa and to provide technical assistance to potential applicants in developing eligible
projects. Additional technical assistance will be available upon request.
DCD is responsible for overall implementation of the competitive application process and
will develop and issue a Notice of Funding Availability (NOFA) for housing development
projects. The NOFA will be sent to all interested parties. Housing development applications
will be processed through DCD and reviewed by a panel consisting of County staff, and staff
from the cities of Antioch, Concord, Pittsburg, Richmond, and Walnut Creek. The panel will
develop funding recommendations to be submitted to the Contra Costa County Board of
Supervisors for its approval. These recommendations will be based on the following
established criteria: consistency with established priorities; eligibility under federal
regulations; alleviation of identified needs; target population; project feasibility and cost-
effectiveness; experience; outreach and affirmative marketing program; and project
readiness.
A-3
HSD will develop and release a Request for Proposals (RFP) to provide supportive services
to persons with HIV/AIDs. The RFP will be sent to all interested parties. HCD will process
housing counseling and supportive service project applications. The applications will be
reviewed by a panel consisting of representatives of DCD and HSD, and AIDS program
providers from other Bay Area jurisdictions.
5. Funds Awarded and Distributed
Following completion of the competitive application process described above, the County
will provide the City of Oakland with a description of the HOPWA projects the County
proposes be funded with the HOPWA Allocation. The description will include the Provider,
the proposed activity, the proposed budget, an expected timeline, and a draft Exhibit C to be
incorporated into the HOPWA funding agreement between the City and the County. The City
will review the proposed projects to confirm eligibility under federal regulations and
contracting requirements (24 CFR Part 574). If the proposed projects comply with federal
HOPWA regulations, the City will approve the projects and so inform the County. If the
City finds that the proposed projects are inconsistent with federal HOPWA regulations, the
City will so inform the County and provide a rationale for its finding(s). Unless rejected by
the City in writing within fifteen (15) days after receipt of the list of projects, the projects
will be deemed accepted.
Following approval by the City, the County will submit the recommended projects to the
Contra Costa County Board of Supervisors for its review and approval. Once approved by
the Contra Costa County Board of Supervisors, the County will submit a final Exhibit C to
the City.
6. Contract Renewals
In order to encourage continuity and cost-effectiveness in the provision of services, the
County will consider two-year contracts for housing counseling and supportive service
projects. Programs will be evaluated after the first year of performance. The second year
implementation will be contingent upon fund availability and a satisfactory performance
evaluation to be conducted by HSD. The County will provide the City with information
regarding the second-year funding recommendations to be made to the Board of Supervisors
with supporting performance evaluation and funding results.
B-1
EXHIBIT B
2013 HOPWA PROGRAM BUDGET
Project Sponsor Admin Funds (7% max) $ 33,500
Project Activity Funds 478,574
Total Contra Costa County 2013 HOPWA Allocation $512,074
C-1
DRAFT EXHIBIT C
2013 HOPWA PROVIDERS AND PROJECTS
To be determined