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Homelessness Prevention and Rapid Re-Housing Program Amendment_Project ConcernMasterpiece on the Mississippi The proposed amendment would also provide approval for Project Concern to subcontract services to the Iowa Institute for Community Alliance to provide data collection and reporting for HPRP funds through the HUD required Homeless Management Information System. Dubuque AN,Amedca City 11111! 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Homelessness Prevention and Rapid Re- Housing Program Amendment to Project Concern Agreement DATE: April 13, 2010 Housing and Community Development Department Director David Harris recommends City Council approval of the Amendment to the Project Concern, Inc. Agreement for the Homelessness Prevention and Rapid Re- Housing Program (HPRP). The proposed Amendment to the agreement with Project Concern will reflect the HUD required expenditure deadline of July 14, 2012, the date HUD signed the HPRP grant with the City. The current agreement established September 30, 2012 as the completion date. Based on the greater need for homeless prevention assistance, Project Concern has requested the budget be adjusted. Under Financial Assistance, Homeless Prevention will increase to $265,000 and Rapid Re- Housing will be reduced to $50,000. Under Housing Relocation and Stabilization, Homeless Prevention will increase to $112, 294 and Rapid Re- Housing will be reduced to $40,000. In addition, the administration budget will be reduced from $25,000 to $24,000 to reflect $1,000 to be retained for City administration costs. To reflect the $75,000 in funding changes, the proposed Amendment would adjust the three -year HPRP goals to provide assistance to 177 households with homelessness prevention funds and 30 households with rapid re- housing funds. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director Masterpiece on the Mississippi Dubuque A140ffIaClb 2007 TO: Michael n Milligen, City Manager FROM: David Hags Housing and Community Development Department 9 Y p p SUBJECT: Homelessness Prevention and Rapid Re- Housing Program Amendment to Project Concern Agreement DATE: April 6, 2010 INTRODUCTION This memorandum requests the City Council to adopt the attached Amendment to the Project Concern, Inc. Agreement for the Homelessness Prevention and Rapid Re- Housing Program (HPRP). DISCUSSION The City of Dubuque received $502 294 in HPRP funds from HUD through the American Recovery and Reinvestment Act. The Council contracted with Project Concern as the primary service delivery provider for the HPRP grant activities in September 2009. The HPRP program provides financial and other assistance to prevent individuals and families from becoming homeless and helps those who are experiencing homelessness to be quickly re- housed and stabilized. The funds target individuals and families who would become homeless if not for this assistance, provides for short-term and medium -term rental assistance, and housing relocation and stabilization services. The HPRP grant has assisted 66 families (158 persons) since the inception of the program in September 2009. Homeless Prevention, which assists families and individuals who are at risk of becoming homeless, provided financial services to 53 households (122 persons) in the form of rental assistance, security and utility deposits and utility payments. Case management and outreach were provided to 60 households (144 persons). For Rapid Re- Housing of homeless, financial assistance and case management has been provided to 7 households (14 persons). 20 persons have left the program, with 11 maintaining housing with no housing subsidy and 4 persons receiving some other housing subsidy. AMENDMENT Grant Deadline The proposed Amendment to the agreement with Project Concern will reflect the HUD required expenditure deadline of July 14, 2012, the date HUD signed the HPRP grant with the City. The current agreement established September 30, 2012 as the completion date. Budget Based on the greater need for homeless prevention assistance, Project Concern has requested the budget be adjusted. The HPRP grant provides four categories of eligible activities: financial assistance, housing relocation and stabilization services, data collection and evaluation, and administrative costs. Homelessness prevention assistance is provided to individuals and families who are at risk of becoming homeless and who would be homeless without assistance. Rapid Re- Housing assistance is provided to individuals and families who are homeless. Under Financial Assistance, Homeless Prevention will increase to $265,000 and Rapid Re- Housing will be reduced to $50,000. Under Housing Relocation and Stabilization, Homeless Prevention will increase to $112, 294 and Rapid Re- Housing will be reduced to $40,000. In addition, the administration budget will be reduced from $25,000 to $24,000 to reflect $1,000 to be retained for City administration costs. Financial Assistance Homelessness Prevention Rapid Re- Housing Housing Relocation & Stabilization Homelessness Prevention Rapid Re- Housing Data Collection Administration Rent & Utilities $ 7,000 Travel $ 1,500 Training $ 2,250 Contractual Services $ 2,000 Supplies $ 2,000 Printing & Postage $ 1,885 Administration $ 8,365 City Administration of HPRP TOTAL Grant 2 Current Proposed $ 225,000 $ 265,000 $ 90,000 $ 50,000 $ 77,294 $ 112,294 $ 75,000 $ 40,000 $ 10,000 $ 10,000 $ 25,000 $ 24,000 $ 502,294 $501,294 $ - $ 1,000 $ 502,294 $ 502,294 Targeted # of Households (Individuals and/or Family) to Be Served Homelessness Prevention Rapid Re- Housing Assistance) Year 2 (Homeless Year 3 Year 1 Year 2 Year 3 Year 1 56 45 34 27 24 21 70 59 48 13 10 7 To reflect the $75,000 in funding changes, the proposed Amendment would adjust the three -year HPRP goals to provide assistance to 177 households with homelessness prevention funds and 30 households with rapid re- housing funds. Current Proposed Iowa Institute for Community Alliance The proposed amendment would also provide approval for Project Concern to subcontract services to the Iowa Institute for Community Alliance (IICA). The current grant agreement requires City approval prior to Project Concern entering into this subcontract. IICA will provide data collection and reporting for HPRP funds thru the HUD required Homeless Management Information System (HMIS). IICA currently provides software, user licenses and training to staff, data collection, and reporting for the State of Iowa HPRP funds. A maximum of $10,000 of HPRP funds is budgeted for data collection and evaluation, and would be allocated to IICA. ACTION STEP The action requested of the City Council is to approve the attached Amendment to the Project Concern, Inc Agreement for the Homelessness Prevention and Rapid Re- Housing Program. Prepared by Aggie Tauke, Community Development Specialist F:\USERS\ATAUKE\HPRP\HPRRHPRPannendment.MVMmemo.doc 3 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBUQUE IOWA AND PROJECT CONCERN HOMELESSNESS PREVENTION AND RAPID RE- HOUSING PROGRAM (HPRP S09 -MY -19 -0005) HPRP- PC2009.1 DUNS # 16- 848 -9987 This Amendment to the Homelessness Prevention and Rapid Re- Housing Program (HPRP) Agreement is entered into by and between the City of Dubuque, Iowa and Project Concern. Whereas, City of Dubuque awarded Project Concern Homelessness Prevention and Rapid Re- Housing Program (HPRP)funds pursuant an Agreement approved by Resolution 345 -2009 dated September 21, 2009 ; and Whereas, the U.S. Department of Housing and Urban Development (HUD) under Title XII of the American Recovery and Re- investment Act of 2009 requires HPRP funds be expended by July 14, 2012; and Whereas, the HPRP Grant Agreement budget for Project Concern needs to be adjusted to reflect changes in administration charges; and Whereas, Project Concern proposes to subcontract with the Iowa Institute for Community Alliance to provide data collection and reporting for HPRP funds; and NOW, THEREFORE, in consideration of the terms of the mutual agreements hereinafter set forth, the parties agree as follows; 1. Part I, Section 2 TIME OF PERFORMANCE of the Agreement is hereby repealed and the following is hereby adopted: "TIME OF PERFORMANCE The Subrecipient shall perform according to the following schedule: A. Program Element Deadline 1. Execute Contract for Project September 21, 2009 2. Project Start Date September 21, 2009 3. Project Completion Date July 14, 2012 4. Monitoring Period Life of Grant " Targeted # of Households (Individual and /or Family) to Be Served Homelessness Prevention Rapid Re- Housing Year 1 Year 2 Year 3 Year 1 Year 2 Year 3 70 59 48 13 10 7 2. Part I, Section 3 of the Agreement, PROPOSED PROJECT BUDGET, is hereby repealed and a new Section 3 is hereby adopted as follows: "PROPOSED PROJECT BUDGET A. Financial Assistance Amount 1. Homelessness Prevention $265,000 2. Rapid Re- Housing $ 50,000 B. Housing Relocation and Stabilization 1. Homelessness Prevention 2. Rapid Re- Housing C. Data Collection and Evaluation D. Administration $ 112,294 $ 40,000 $ 10,000 $ 24,000 Total Project Cost $501,294 " 3. Part I, Section 4 COMPENSATION AND METHOD OF PAYMENT, paragraph B is hereby repealed and a new Section 4, paragraph B is hereby adopted as follows: "B. $300,777 must be expended by July 14, 2011 and 100% must be expended by July 14, 2012. Requests for payment of all eligible costs incurred prior to this date must be submitted to the City by August 14, 2012." 4. Part II, Section 1 PERFORMANCE AND REPORTING Part A is hereby repealed and a new Section 1, Part A is hereby adopted as follows: "A. The Subrecipient proposes to provide assistance to program participants (unduplicated) as follows: Homelessness Prevention • will assist 177 number of households overall • will provide short term assistance to 32 households overall and medium term assistance to 145 households • will stabilize the housing situation of 90% of households assisted Rapid Re- Housing • will assist 30 households overall • will stabilize the housing situation of 75% of households assisted The Subrecipient will be required to use the Homeless Management Information System (HMIS) to collect and re port client -level data, outputs and outcomes, and reports as required by HUD. " 5. Part II, Section 1 PERFORMANCE AND REPORTING Part D is hereby repealed and a new Section 1, Part D is hereby adopted as follows: "D. Until the completion of the Project and expenditure of all HPRP funds disbursed under this Agreement, the Subrecipient shall submit a monthly report and pay request. Quarterly progressive reports shall also be generated through the HMIS as required." 6. That the City of Dubuque does hereby agree that Project Concern may subcontract services to the Iowa Institute for Community Alliance as per the terms of the attached agreement, Exhibit A. 7. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this a endment as of the _ day of April, 2010. 7 W ' essed eanne F. Schneider, City Clerk F: \USERS\ATAUKE \HPRP\HPRP \HPRP- Project Concern Amendment.doc City of fa q low Roy D. uol, Mayor Project Concern Nancy Lewis, Executive Director Board Chairperson AGREEMENT BETWEEN THE PROJECT CONCERN INC. AND IOWA INSTITUTE FOR COMMUNITY ALLIANCE HOMELESSNESS PREVENTION AND RAPID RE- HOUSING PROGRAM (HPRP S09 -MY -19 -0005) FOR THE USE OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FUNDS THIS AGREEMENT, entered into this day of April, 2010, to be effective as of such date, by and between Project Concern, ( "PC "), and Iowa Institute for Community Alliance ( "1ICA "); Whereas, the City of Dubuque is the recipient of Homelessness and Rapid Re- Housing (HPRP) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title XII of the American Recovery and Re- investment Act of 2009; and Whereas, PC has contracted with the City of Dubuque to utilize Homelessness and Rapid Re- Housing Program (HPRP) funds in providing services to those participants that meet the low- income (below 50% area median income as determined by HUD) guidelines; and Whereas, the Iowa Institute for Community Alliance provides data collection for HPRP funds thru the HUD required Homeless Management Information System (HMIS); and Whereas, the City of Dubuque has reviewed and approved Project Concern to subcontract with the Iowa Institute for Community Alliance for the data collection and reporting the HPRP grant. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: PART I 1. PURPOSE IICA shall provide sufficient staff, support services, and facilities to deliver the following services. A. Provide training and management to PC to collect information on persons who are homeless or at risk of becoming homeless, and input such data into the Homeless Management Information System (HMIS) ; FY2010 - HPRP 1 B. Generate data and reports on outputs and outcomes as required by HUD; C. Provide data collection and evaluation as follows: Purchase of Homeless Management Information System (HMIS) software, user licenses and training of Project Concern Staff, and any other staff that requires access to the software as part of the Homelessness Prevention and Rapid Re- Housing Program (HPRP) grant for the City of Dubuque. D. Other services or functions required of sub - grantees by HUD or the HPRPP program. 2. SCOPE OF SERVICES IICA shall provide the following services: A. HPRP data collection will include, but not be limited to: initial intake and assessment of each individual and /or household receiving assistance. This will include demographic data, risk assessment, self sufficiency measures, service transactions and referrals. Each participating individual and household must be reassessed at a minimum of every three months for purposes of monitoring client progress and follow up assessments must be completed at six months and one year following participation in the HPRP program. B. Provide to Project Concern, Inc. and the City of Dubuque the HPRP Quarterly Progress Reports (QPR's) no less than ten (10) business days prior to the timeframes and deadlines prescribed in "Requirements for Homelessness Prevention and Rapid RE- Housing Program under the American Recovery and Reinvestment Act of 2009 ". C. Provide technical assistance, licenses, support and training to Project Concern for the HPRP program data collection. D. IICA agrees to follow all requirements of the Department of Housing and Urban Development provided in "Docket No. FR- 5307 -N -01, Notice of Allocations, Application Procedures, and Requirement for Homelessness Prevention and Rapid Re- Housing Program Grantees under the American Recovery and Reinvestment Act of 2009, and as may be amended. E. IICA will track and document their administrative costs, including: accounting for the use of City of Dubuque HPRP grant funds; preparing reports for submission to the City of Dubuque, PC or HUD; obtaining program audits; similar costs related to administering the HPRP grant after award; and staff salaries associated with these administrative costs. In addition IICA shall ensure that: 1) Controls are in place to ensure funds are awarded in a prompt, fair and reasonable manner. 2) Data collection systems are in place for tracking data required by the American Recovery and Reinvestment Act of 2009 (ARRA) 3) Controls are in place to ensure the City of Dubuque HPRP funds are clearly distinguished from other funds. 4) Procedures are in place to track and report on the use of the City of Dubuque HPRP funds 5) Controls are in place to ensure the timely expenditure of the City of Dubuque HPRP funds. 6) Processes are in place to ensure that reporting requirements are met. Page 2 FY2010 - HPRP of 7 Project Concern 7) Sufficient, qualified and well- trained contract management staff are used to meet the requirements of the ARRA. 3. PROPOSED PROJECT BUDGET Data Collection and Evaluation $ 10,000 4. COMPENSATION AND PAYMENT PC shall pay and IICA agrees to accept in full no more than Ten Thousand Dollars ($10,000) (hereinafter "Grant ") for performance under this Agreement, as follows: A. Partial payments shall be made upon presentation of other supporting documents covering all amounts to be paid, and /or time sheets and other source documents on a monthly basis for services rendered under this Agreement for the period of September 21, 2009 through July 14, 2012. B. All payments under this Agreement are subject to receipt by PC from the City of Dubuque of sufficient federal funds for the Homelessness Prevention and Rapid Re- Housing Program (HPRP). Any termination, reduction or delay of receipt of HPRP funds to the City of Dubuque, at the option of the City, results in the termination, reduction or delay of HPRP funds to IICA. 5. DEFAULT AND TERMINATION A. Termination for Cause. The occurrence of any one or more of the following events shall constitute cause for one party to declare the other party in default of its obligations under this Agreement: 1. Failure to observe any condition or perform any obligation created by the Agreement: 2. Failure to make substantial and timely progress toward performance of the Agreement; 3. Failure of the work product and services to conform with any specifications noted herein; ore B. Notice of Default. If there is a default event, the non - defaulting party shall provide written notice to the defaulting party requesting that the default be remedied within the period of time specified in such notice, which shall be no less than 10 business days. If the default or noncompliance continues to be evidenced beyond the date specified with the written notice, the non - defaulting party may immediately terminate the agreement without additional written notice. C. Termination upon Notice: Either party may terminate this Agreement upon thirty (30) days' written notice. FY2010 - HPRP of 7 Project Concern IICA must expend sixty percent (60 %) of its HPRP grant funds by July 14, 2011. All funds must be expended by July 14, 2012. Requests for payment of all eligible costs incurred prior to this date must be submitted to PC by August 1, 2012. Spending rates will be monitored with each draw request and corrective action will be taken as necessary. Page 3 D. Termination due to Lack of Funds or Change in Law. Either Party shall have the right to terminate this Agreement by giving thirty (30) days written notice to the other party as a result of any of the following: 1. Funds to be contributed by PC are unavailable or insufficient for any reason: or 2. PC or the IICA's authorization to conduct business is withdrawn or there is a material alteration in the HPRP Program. E. Delay or Impossibility of Performance. Neither party shall be in default under this Agreement if performance is delayed or made impossible by an act of God or War. The delay or impossibility must be beyond the control and without the fault or negligence of the defaulting party. F. Upon Expiration or Termination of this Agreement, the IICA shall: 1. Deliver to PC within sixty (60) days after such expiration or termination, any data or records pertaining to the required program data collection and reporting. 2. Stop work under this Agreement on the date specified in any notice of termination; 3. Cooperate in good faith with PC, its employees and its agents during the transition period between the notification of termination and the termination date. 6. ADMINISTRATIVE REQUIREMENTS A. Compliance with Laws and Regulations. PC and IICA each agree that its employees, agents and subcontractors, shall comply with all applicable state and federal laws, rules, ordinances, regulations and orders. B. Authorization. Each party to this Agreement represents and certifies to the other that: 1. It has the right, power and authority to enter into and perform its obligations under this Agreement. 2. It has taken all requisite action (corporate, statutory, or otherwise) to approve execution, delivery and performance of this Agreement and this Agreement constitutes a legal, valid and binding obligation upon itself in accordance with its terms. C. Cumulative Rights. The various rights, powers, options, elections and remedies of either party provided in this Agreement, shall be construed as cumulative and no one of them is exclusive of the others or exclusive of any rights, remedies or priorities allowed either party by law, or shall I any way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way un- remedied, unsatisfied, or un- discharged. D. Severability. Any provision of this Agreement is determined by a court of FY2010 - HPRP of 7 Project Concern Page 4 competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability or any other part or provision of this Agreement. E. Assignment and Delegation. This may not be assigned, transferred or conveyed in whole or I part without the prior written consent of the other party. F. Amendments. This Agreement may be amended in writing from time to time by mutual consent of the parties. All amendment to this Agreement shall be fully executed by both parties and the City of Dubuque. G. Additional Provisions. The parties agree that if an Addendum, Attachment or Exhibit is attached hereto by the parties, and referred to herein, then the same shall be deemed incorporated herein by reference. H. Records Retention and Access. The IICA shall maintain books, records, and documents which sufficiently and properly document and explain all payments made under the HPRP Program through the term of this Agreement for a period of at least five (5) years following the date of final payment or completion of any required audit begun during the aforementioned five (5) years., whichever is later. The IICS shall promptly furnish PC, the City of Dubuque, or HUD with such statements, records, data and information as may reasonably request pertaining to this Agreement. During the term of this Agreement, any time during normal business hours, IICA shall make available to PC, the City of Dubuque, HUD and /or the Comptroller General of the United States, or their duly authorized representatives, all of IICA's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this Agreement. If IICA expends $500,000 or more in a year of total Federal funds, they shall have a single or program- specific audit conducted for that year in accordance with the provisions of OMB Circular A- 133 and which disclosed the expenditure of HPRP funds allocated for this Agreement. I. Financial Management. The requirements of applicable sections of OMB Circular A- 122 "Cost Principles for Non - Profit Organizations," and OMB Circulars A -110, "Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations," and 1997 A -133, "Audits of States, Governments and Non - Profit Organizations," shall apply to the use of funds disbursed under the Agreement to utilize adequate internal controls, and maintain necessary source documentation for costs incurred. J. Except as provided herein, the terms of this Agreement shall be effective from the date of execution until the end of the monitoring period, or until all required reports are filed, if later. K. IICA agrees to comply with all applicable federal, state, and local laws and regulations governing the funds provided under this contract, including said HPRP regulations are published in Docket No. FR- 5307 -N -01. FY2010 - HPRP of 7 Project Concern Page 5 L. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. IICA shall at all times remain an independent contractor with the respect to the services to be performed under this Agreement. PC shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance as IICA is an independent contractor. M. IICA certifies that it is an "Equal Opportunity Employer" and that it will comply with Chapter 216 (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action employment. Further, IICA shall ensure that all contracts for work under this Agreement contain appropriate equal employment opportunity statements. N. IICA shall indemnify, defend and hold harmless PC, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the negligent acts or omissions of IICA's employees or agents during the performance of this Agreement. O. The Subrecipient must comply with applicable uniform administrative requirements, as described in 24 CFR Part 570.502. P. IICA agrees to maintain adequate administrative systems and capacity in place to adhere to the following requirements. a) Confidentiality — 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. IICA will ensure confidentiality is observed as required by law. FY2010 - HPRP of 7 Project Concern b) Nondiscrimination and Equal Opportunity Requirements — IICA must comply with all applicable fair housing and civil rights requirements in 24 CFR 5.105(a). c) Drug -free Workplace — The Drug -Free Workplace Act of 1998 and HUD's implementing regulations at 24 CFR part 21 apply to HPRP. d) Anti - Lobbying — The disclosure requirements and prohibitions of section 319 of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1990, and implementing regulations at 24 CFR part 87, apply to HPRP. Page 6 Q. Notices Communication and details concerning this Agreement shall be directed to the following representatives: Julie Eberbach, Project Director Iowa Institute for Community Alliance 1111 9 Street, Suite 245 Des Moines, IA 50314 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on this day of April, 2010. Project Concern Alliance Nancy Lewis, Executive Director Board Chairperson FY2010 - HPRP of 7 Project Concern Nancy Lewis Project Concern 1789 Elm Suite B Dubuque, IA 52001 Iowa Institute for Community Executive Director F: IUSERS\ATAUKE\HPRP1 HPRP 1HPRP-IA Institute for Com Alliance Agreement.doc Page 7