HomeMy WebLinkAboutMINUTES - 10282008 - C.54 v
TO: BOARD-OF SUPERVISORS Contra
FROM: Catherine O. Kutsuris '�
Costa
f o; �,riiliP;i�i• �, ;�,
1) Director, Department of Conservation and Development o
1 �OSrA COON County
DATE:, October 28, 2008
SUBJECT: FY 2007 Housing Opportunities for Persons with HIV/AIDS (HOPWA) Funding Agreement
between the City of Oakland and County of Contra Costa.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
AUTHORIZE the Deputy Director- Redevelopment, or his designee, to enter into a contract with the
City of Oakland that authorizes the County to receive and administer$470,387 in federal funds from the
Department of Housing and Urban Development, for housing and supportive services for low-income
persons with HIV/AIDS.
FINANCIAL IMPACT:
No General Funds impact. The funds are provided to Contra Costa County from the Department of
Housing and Urban Development(HUD)through the City of Oakland, as administering agent.
CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA NUMBERS .
Housing Opportunities for Persons with HIV/AIDS.(HOPWA) Program — 14.241
BACKGROUND:
The National Affordable Housing Act(Public Law 101-625, approved November 28, 1990)authorizes
the Housing Opportunities for Persons with 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 City and counties on a fair share allocation basis. Approval of a
contract with the City of Oakland wilkprovide $470,387 to the County as administering agent on behalf of the
Urban County' and other Contra Costa entitlement jurisdictions (the cities of Antioch, Concord, Pittsburg,
Richmond, and Walnut Creek). These funds may be used for acquisition, rehabilitation and new construction of
housing; supportive services; housing information services; and certain other ho sing related activities for low-
income persons with HIV/AIDS.
CONTINUED ON ATTACHMENT: No SIGNATURE:
AECOMMENDATION OF COUNTY ADMINISTRATOR ECO MENDATI N OF BOARD CO MITTEE
APPROVE ❑ OTHER
SIGNATURE(S): /n ��yy
ACTION OF BOARD ONnclobu aiL ga
APPROVED AS RECOMMENDED A OTHER ❑
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
UNANIMOUS (ABSENT ✓10Ye ) ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED '`'.
Contact: Kristin Sherk(925)335-7234 DAVID TWA,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
cc: CAO
County Counsel
Community Development-CDBG
By: Jas' --Deputy
1 The Urban County is the unincorporated area of the County as well as the cities of Brentwood, Clayton, Danville, EI
Cerrito, Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pleasant Hill, San Pablo, and San Ramon
FUNDING AGREEMENT BY AND BETWEEN
THE CITY OF OAKLAND
AND
THE-COUNTY OF CONTRA COSTA
FOR
THE 2007 HOPWA PROGRAM
THIS FUNDING AGREEMENT is entered into as of this day of 2041, by and
between the City of Oakland,a municipal corporation(hereinafter called"City"),and the County of
Contra Costa, a political subdivision of the State of California, (hereinafter called "County"),
pursuant to Resolution Number 80581 C.M.S. of the Oakland City Council passed on May.15'
2007 and Resolution Number 76471 C.M.S. of the Oakland City Council passed on May 3,2001.
WHEREAS,the City is a "Grantee" of $1,896,000 in funds from the,United States Department of
Housing and Urban Development("HUD")under the Housing Opportunities for Persons with AIDS
("HOPWA") program as authorized by the AIDS Housing Opportunity Act, and the County is a
"Project Sponsor" under said program; and,
WHEREAS, the City and the County have agreed that the County will receive and administer
$470,387 in 2007 Contra Costa County HOPWA funds; and,
WHEREAS, said HOPWA funds are to be used for housing development, supportive services and
homeless prevention activities for persons with HIV/AIDS; and,
WHEREAS, the activities of the County under this Agreement shall be governed by HUD
regulations governing the HOPWA program codified at 24 CFR Part 574; and,
WHEREAS, the County will contract with those nonprofit housing development and service
providers(hereinafter called"Providers")and projects chosen through the selection process specified
in Exhibit A, for the use of HOPWA funds and will monitor said contracts;
NOW THEREFORE,AND IN CONSIDERATION OF THE PROMISES HEREINAFTER
MADE, CITY AND COUNTY DO MUTUALLY AGREE AS FOLLOWS:
1. PERFORMANCE PERIOD
HOPWA Funds shall be used for work to be performed by Providers for a three-year period
starting January 1, 2008 through December 31, 2010 (hereinafter called "Performance
'Period".
2. FUNDING AMOUNT
The total HOPWA funds.to be paid to the County by the City for.work performed pursuant to
this Agreement shall in no event exceed the sum of$470,387..The City and the County shall
follow the priority-setting and selection process outlined in Exhibit A,incorporated herein by
this reference, and the list of those additional Providers and projects selected for funding
shall be attached as Exhibit C and incorporated herein when approved by the City and the
d: New construction (SROs and community residences only);
e. Project or tenant-based rental assistance, including assistance for 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; and,
i. Technical assistance in establishing and operating a community residence including
planning and other predevelopment or pre construction expenses, and outreach and
education regarding HIV\AIDS to persons residing in close proximity.
7. MONITORING AND REPORTING
The County shall conduct an ongoing assessment of the housing assistance and supportive
services provided by the Providers with HOPWA funds and funds used to leverage HOPWA
funds. The County shall conduct reasonable and necessary recordkeeping and reporting
(which must include racial and ethnic data on participants) per HUD requirements for
program monitoring and evaluation purposes as the City may establish for purposes of
carrying out the program in an effective and efficient manner.
a. Quarterly reports submitted to the City shall include narrative updates of all HOPWA
activities: status of housing developments, number of persons served in each housing
and support service activity budgeted,leverage funds obtained,program barriers and any
other pertinent information your agency desires to be reported to HUD regarding
HOPWA activities through the Integrated Disbursement and Information System(IDIS)
and the Consolidated Annual Performance & Evaluation Report (CAPER). This
information will be uploaded to HUD's IDIS reporting system quarterly. While HOPWA
funding is awarded on a calendar-year basis,all reporting shall be submitted on a fiscal-
year basis,with the fiscal year beginning on July 1 st and ending the following June 30Th.
Quarterly reports shall be submitted to the City the tenth working day proceeding the
following quarter end-dates: September 30Th, December 31ST,March 31ST,and June 30th
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10. AUDIT REPORT
In addition to the requirements herein listed,the County shall provide the following reports
to the City. Failure to submit this information may result in termination of the Agreement
and final claims may not be recognized as binding upon the City for reimbursement.
The County shall commission an independent auditing firm to prepare and file an annual
audit report for each of the three years of the Performance Period for this Agreement. The
Audit Report shall be submitted to the City by January 15th of each year of the Performance
Period for this Agreement. The Audit Report shall state that the audit was made in
accordance with the provisions of the federal Office of Management and Budget Circular A-
128. The audit report shall 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;
and
2. The County has an internal control structure to provide reasonable assurance that it is
managing federal awards in compliance with applicable laws and regulations, and
controls that ensure compliance with the laws and regulations that could have a
.material impact on the financial statements; and
3. The County has complied with laws and regulations for the HOPWA Program that
may have a direct and material effect on its financial statement amounts.
The County shall also submit any administrative department audit conducted during the
Performance Period of this Agreement. The County shall require that the Providers meet the
same audit requirements as described above.
11. INDEMNITY
The County shall indemnify and hold the City, its members, officials,directors,employees,
and agents harmless from any losses, damages, liabilities, claims, demands, judgements,
actions, court costs, and legal or other expenses (including attorneys' fees) which the City
many incur as a result of(1) the improper use of HOPWA Funds by the County, (2) the
County's failure to perform its obligations to monitor the use of HOPWA Funds under this
Agreement;or(3)any demand by HUD to the City for reimbursement of any HOPWA Funds
to the extent such demand is based on the negligent acts or omissions or willful misconduct
of the County. The County shall pay immediately upon the City's demand any amounts
owing under this indemnity. 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
Page 5
IN WITNESS WHEREOF,the City and the County have executed this Funding Agreement as of
the date first above written,the City Manager of the City of Oakland being thereunto duly authorized
by Resolution Number 80581 C.M.S. of the Oakland City Council passed on May 15, 2007 and
Resolution Number 76471 C.M.S. of the Oakland City Council passed on May 29, 2001.
CITY OF OAKLAND
A Municipal Corporation
By:
City Administrator
ADMINISTERING DEPARTMENT APPROVAL
FOR FORWARDING:
By:
Department of Human Services
Director
APPROVED AS TO FORM AND LEGALITY:
By:
City Attorney's Office
COUNTY OF CONTRA COSTA
A Political Subdivision of the State of California
By:
Deputy Director- Redevelopment
APPROVED AS TO FORM:
Silvano Marchesi, County Counsel
B RAK-1
Deputy County Cou'n&d Date
Page 7
to effectivelyeet�the ne ds of Contra Costa's HIV/AIDs population. The Consortium includes
'representatives of HIV/,AIDs service providers and people with HIV/AIDs and meets monthly. The
4HIV/AIDs Planning Council meets regularly and includes representation from both Alameda and' -
Contra
nd' -
Contra Costa County. In order to obtain input and ensure coordination of effort, the County
Community1De� elopment and County Health Services Departments attend Consortium and Planning
Council meetings.
3) Recommendations for Funding Categories and Allocations
Based on the planning process and consultations described in sections 1 and 2 above,the Community
Development Department and Health Services Department will develop recommendations
concerning the amount of HOPWA funds to be allocated to each eligible funding category. The
Community Development and Health Services Department will present these recommendations to
participating Contra Costa Entitlement Jurisdictions (the County and cities of Antioch, Concord,
Pittsburg, Richmond, and Walnut Creek) for their review and approval. Following this process, the
Community Development Department will submit the proposed allocations to the City of Oakland
for review. Approval will depend on the County's submission being consistent with established
community priorities and its eligibility with respect to federal HOPWA regulations.
4) Competitive Application Process
HOPWA funds will be allocated to eligible activities consistent with the funding priorities
established in #3 above through a competitive application process to be implemented by Contra
Costa County on behalf of the Contra Costa Entitlement Jurisdictions. The City of Oakland is
invited to participate in this process as an observer and to provide technical assistance. The County
Community Development Department.will be responsible for overall implementation of the
competitive application process and will develop and issue a Request for Proposals (RFP) for
HOPWA projects,including all eligible HOPWA activities with the exception of supportive services.
The Health Services Department is responsible for the County's programs to provide supportive
services to persons with HIV/AIDs and, thus, in cooperation with the Community Development
Department,will be responsible for developing and issuing an RFP for supportive services projects.
In each case, RFPs will be sent to all interested parties. In addition, the Community Development
and Health Services Departments 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.
Housing counseling and supportive service project applications will be processed by the Health
Services Department and reviewed by a panel consisting of representatives of the County
Community Development and Health Services Departments and AIDS Program providers from other
Bay Area Jurisdictions. All other applications will be processed through the Community
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EXHIBIT B
)2(007 HOPWA PROGRAM BUDGET
County Share Project.Sponsor Admin Funds (7% max) $ 34,773
Project Funding to Providers $439,614
Total 2006 Contra Costa County HOPWA Funds $470,3$7
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