HomeMy WebLinkAboutC2020-429 - 7/28/2020 - Approved ACCESSIBLE HOUSING RESOURCES, INC.
FY20 AHRI HOME FUNDING AGREEMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This Agreement is entered into by and between the City of Corpus Christi,Texas,a Home-Rule
Municipal Corporation(herein referred to as the"City")and the Accessible Housing Resources,
Inc., a Texas Non Profit Corporation(herein referred to as"AHRI"or"Subrecipient").
WHEREAS, the City has received one or more Federal grants to more effectively
carry out the HOME Investment Partnership Program (HOME) funded Tenant-Based Rental
Assistance (TBRA)program; and
WHEREAS,the City is in need of assistance to further this program; and
WHEREAS, it is the desire of the parties hereto that AHRI engage in the performance
of certain activities related to the TBRA program; and
NOW THEREFORE,the parties hereto mutually agree as follows:
I. Article. Project Scope
1.1 The City and AHRI are the parties to this agreement. Grant monies are available to the
City from HUD through the HOME Program pursuant to the Home Program Regulations.
AHRI needs funds to provide rental assistance, rental deposit assistance, and utility deposit
assistance aou
minimum of(4) individuals/hseholds with very low andlow-income persons
with disabilities, seniors, Veterans, homeless and others at the lowest income levelswh mayo
be at risk of homelessness or institutionalization. The City, a Participating Jurisdiction under
the Regulations, has identified the population to be assisted are persons with disabilities,
seniors, Veterans, homeless and others at the lowest income levels who may be at risk of
homelessness or institutionalization as a specific category of individuals in the City's housing
strategy or consolidated plan as having unmet need, as provided in §92.209(c)(3)(ii) of the
Regulations (24 CFR Part 92 Home Investment Partnerships Program, Subpart E Program
Requirements.). Giving a preference for financial assistance to such persons is needed to narrow
the gap in benefits and services received by such persons.The City proposes to make part of the
City's HOME grant monies available to AHRI as a "Subrecipient," as defined in the
Regulations, under the terms of this agreement toward fulfilling these mutual needs. AHRI
accepts that proposal.
1.2 The accomplishment of these public service objectives is the predominant purpose of
this transaction and the City finds that it will receive adequate consideration in the form of
substantial public benefit. Continuing supervision by the City, statutory and contractual
FY20 AHRI TBRA Agreement Page 1 of 20
SCANNED
requirements, and the special expertise, knowledge and experience demonstrated by AHRI in
giving assistance to individuals/households with disabilities, seniors, Veterans, homeless and
others at the lowest income levels who may be at risk of homelessness or institutionalization
provide sufficient assurance that the public purpose will be accomplished.
Article 2. Definitions
The foregoing terms are thus defined for purposes of this agreement.Other terms shall have
meanings as defined elsewhere in this agreement.
Grant: Assistance from HOME Program funds in an amount not to exceed$202,466.00 from
FY 2020-2021 HOME funds.
Grant Period: The period beginning on the date of signature by the last Party to sign this
Agreement and ending on the rater of:
(a) 'September 30, 2022 (being the ending date in the timeline contained in
Exhibit"B"), or
(b) the last date to which the Grant Period may be extended pursuant to Section 1.6
City: CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation acting by and
through its duly authorized City Manager, the address of which is 1201 Leopard St.,
P.O. Box 9277, Corpus Christi,Texas 78469-9277
AHRI: Accessible Housing Resources,Inc,a nonprofit corporation organized under the laws
of the State of Texas,and certified as a Non-Profit Organization,acting by and through
its duly authorized officer(s), the address of which is 1537 Seventh Street Bldg. A.,
P.O. Box 3394,Corpus Christi,Texas 78463-3394
HUD: The United States Department of Housing and Urban Development
Act: The Cranston-Gonzales National Affordable Housing Act,42 U.S.C. § 12,701 et seq.
Regulations: The HOME Program regulations found in 24 C.F.R. Subtitle A, Part 92
promulgated under the Act, as amended
HOME Program: The HOME Investment Partnerships Program administered by HUD
under the Act and the Regulations
Article 2. The Grant for Tenant-Based Rental Assistance
2.1 The City agrees to provide the Grant to AHRI as a Subrecipient under the terms of this
agreement. Payment of the Grant is subject to payment of the HOME grant funds to the City by
HUD.
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2.2 AHRI agrees to use the Grant for the following purposes and none other: to provide
Tenant-Based Rental Assistance ("TBRA"), as defined in the Regulations, to qualifying
persons under the terms of this agreement.
2.3 A budget for use of the Grant is attached to this agreement as Exhibit"A."AHRI agrees
that the Grant will be expended in accordance with this budget and that no change in the budget
will be made without the prior written approval of the City.
2.4 A time line for goals and expenditures is attached to this agreement as (Exhibit "B.")
To the maximum extent of its reasonable control, AHRI shall adhere to the time line in its use
of the Grant.
2.5 For the duration of this agreement,AHRI shall provide written progress reports, reports
of matching contributions,and any additional data the City may request to the City on or before
the 10th (tenth) day of each month, covering the prior month's activity. AHRI may not
request and shall not be entitled to disbursement of the Grant until the funds are needed for
payment of eligible costs and until the reporting requirements of this Section have been satisfied.
The amount of each request must be limited to the amount needed. In order to have sufficient
time to conduct program year close-out procedures, no reimbursement requests will be
submitted to or received by the Housing and Community Development after August 30, 2021.
2.6 All requests for payment made pursuant to this Agreement must be submitted to the
Housing and Community Development. Payments for which will be made based upon AHRI
submittal of payment reimbursement with appropriate documentation of eligible activity
including an itemized cost breakdown reflecting costs incurred and assisted with HOME funds.
Appropriate documentation includes but not limited to: paid invoices; canceled checks; signed
timesheets;payroll and wire transfers.
2.7 The Grant must be fully disbursed during the Grant Period. Upon written application
by AHRI submitted at least 30 days before the end of the Grant Period and supported with
good cause for delay, the City may extend the Grant Period upon receipt of an extension
request to the City. Thereafter, extensions to the time of performance may be approved
only by the City.AHRI shall forfeit any part of the Grant not disbursed by the end of the Grant
Period as it may be extended. In no event shall the City's liability to pay or reimburse expenses
exceed the amount of the Grant.
2.8 Any repayment, refund, interest, or earnings received by AHRI on the Grant monies
advanced to AHRI under this agreement shall be used by AHRI for Tenant-Based Rental
Assistance(TBRA) in the same manner as original Grant monies and must be disbursed before
AHRI requests further disbursement of the Grant. Any excess thereof,together with any Grant
monies and accounts receivable attributable to the use of the Grant monies, remaining in the
hands of AHRI at the end of the Grant Period, shall be returned promptly to the City.
2.9 Approval by the City of AHRI's use of the Grant, or failure by the City to disapprove
or object to such use,shall not constitute any endorsement of,and the City shall have no liability
for, any aspect of the TBRA administered by AHRI; AHRI shall be solely responsible and
FY20 AHRI TBRA Agreement Page 3 of 20
solely liable for the administration of the Grant monies. Moreover, any such approval or failure
to disapprove or object shall not relieve AHRI of any past,present,or future obligations to meet
the requirements and obligations of the HOME Program, the Act, the Regulations, or this
agreement; shall not constitute a representation by City that AHRI has complied with those
requirements or obligations; and shall not constitute a waiver of any such requirements or
obligations.
Article 3. The AHRI TBRA Program
3.1 AHRI shall disburse the Grant monies through a TBRA program that AHRI shall design
and administer in accordance with this Article, and to the extent not provided otherwise in this
agreement, in compliance with all requirements under § 92.209 of the Regulations, all other
applicable provisions of the Regulations, and any other laws.
3.2 AHRI shall promulgate a written TBRA program (the "TBRA program") including
tenant selection criteria and rental assistance contracts and related administrative forms or adopt
the City's HOME TBRA Administration Plan and TBRA toolkit (See Attachment A). As
appropriate, the written program may adopt pertinent provisions of this Article by reference to
a Section or sub-Section without repeating them verbatim. The City shall assist AHRI
reasonably in developing and writing the program.When the TBRA program is complete,AHRI
shall submit it to the City,which shall approve it in writing before becoming obligated to provide
any of the Grant to AHRI. The rental assistance contracts and other forms used to implement
the TBRA program shall meet the requirements for a "Section 8 Rental Certificate Program"
under 24 C.F.R. Part 888 and 24 C.F.R. Part 982. AHRI shall adhere to its written TBRA
program for the duration of this agreement.
3.3 The TBRA program may include the following requirements and provisions:
(a) The tenants selected for assistance shall meet the income-eligibility
requirements,must be nondiscriminatory on the basis of race,color,national origin, religion,
sex,handicap, or financial status, and must comply with all fair housing and civil rights laws.
(b) In accordance with § 92.216 of the Regulations, the tenants must be
selected such that not less than 90 percent of:
(1) The persons receiving rental assistance are persons whose
income& di notexcee 60 percent of the median family income for the area, as
determined and made available by HUD with adjustments for smaller and larger families
(except that HUD may establish income ceilings higher or lower than 60 percent of the median
for the area on the basis of HUD's findings that such variations are necessary because of
prevailing levels of construction cost or fair market rent, or unusually high or low family
income) at the time of occupancy or at the time funds are invested, whichever is later;or
(2) The dwelling units assisted with Grant monies are occupied by
persons having such incomes;and
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The remainder of:
(3) The persons receiving rental assistance must be households that
qualify as low-income persons (other than persons described in sub-section (b)(1) above) at
the time of occupancy or at the time funds are invested, whichever is later;or
(4) The dwelling units assisted with Grant monies must be
occupied by such households;and
(5) In all cases, AHRI shall determine each applicant's income
eligibility at the time the applicant receives assistance and shall reexamine income at least
annually.
(c) In accordance with § 92.209(c)(2) of the Regulations, the City has
provided for a preference for a specific category of individuals with disabilities, seniors,
Veterans and other who may be at risk of homelessness or institutionalization, in its
Consolidated Plan as having unmet needs and the preference is needed to narrow the gap in
benefits and services received by such persons. The TBRA program shall treat such persons
meeting this preference equally by not limiting the opportunities of such persons on any basis
prohibited by the laws listed under 24 CFR §5.105(a)
(d) AHRI shall use a waiting list to determine TBRA eligibility whenever
the eligible applicants exceed the number that can be assisted with available funds. The
waiting list shall be designed by AHRI to the satisfaction of the City, and the City shall
approve the design in writing before any Grant monies are disbursed to AHRI.
(e) At all times while receiving TBRA, the tenants selected must reside,
and the assisted lease premises must be located,within the city limits of the City.
(f) The Grant monies may not be used to further subsidize rent of units
already receiving another form of rent subsidy (i.e., public housing or Section 8 Substantial
Rehabilitation).
(g) The TBRA program may include assistance with security deposits as
provided in § 92.209(j) of the Regulations; however, notwithstanding § 92.210(j)(2), any
security deposit funded under the AHRI TBRA program may not exceed the equivalent of
one month's rent for the rental unit. Any refunds of security deposits upon termination of a
lease or at any other time may be paid to the tenant and need not be refunded to AHRI or the
City.
(h) AHRI shall enter into a written rental assistance contract complying
with § 92.209 and § 92.253 of the Regulations with each eligible tenant before disbursing
rental or security deposit assistance funds.The term of each rental assistance contract may not
exceed 24 months,but may be renewed, subject to the availability of Grant monies. The term
of each rental assistance contract must begin on the first day of the term of the tenant's lease
(the"lease") and must terminate on termination of the lease.
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n Each lease must not be for less than one year, unless by mutual
agreement of the tenant and the owner.No lease may contain any of the following terms,and
each lease must affirmatively negate all of these terms either in the body of the lease or by
means of an attached addendum that controls notwithstanding any contrary provisions of the
lease:
(1) Agreement by the tenant to be sued, to admit guilt; or to a
judgment in favor of the owner in a lawsuit brought in connection with the lease;
(2) Agreement by the tenant that the owner may take, hold, or sell
personal property of household members without notice to the tenant and a court decision on
the rights of the parties. This prohibition, however, does not apply to an agreement by the
tenant concerning disposition of personal property remaining in the housing unit after the tenant has
moved out of the unit.The owner may dispose of this personal property in accordance with state law;
(3) Agreement by the tenant not to hold the owner or the owner's
agents legally responsible for any action or failure to act,whether intentional or negligent;
(4) Agreement of the tenant that the owner may institute a lawsuit
without notice to the tenant;
(5) Agreement by the tenant that the owner may evict the tenant or
household members without instituting a civil court proceeding in which the tenant has the
opportunity to present a defense, or before a court decision on the rights of the parties;
(6) Agreement by the tenant to waive any right to a trial by jury;
(7) Agreement by the tenant to waive the tenant's right to appeal,
or to otherwise challenge in court,a court decision in connection with the lease;and
(8) Agreement by the tenant to pay attorney's fees or other legal
costs even if the tenant wins in a court proceeding by the owner against the tenant.The tenant,
however, may be obligated to pay costs if the tenant loses.
0) Each lease must provide that the owner may not terminate the tenancy
or refuse to renew the lease of the tenant except for serious or repeated violation of the terms
and conditions of the lease; for violation of applicable federal, state, or local law; for
completion of the tenancy period, if the tenancy is "transitional housing" as defined in the
Regulations; or for other good cause. Each lease must provide that to terminate or refuse to
renew the tenancy,the owner must serve written notice upon the tenant specifying the grounds
for the action at least 30 days before the termination of the tenancy.
(k) AHRI shall require each owner that is a party to a lease to adopt written
tenant selection criteria that:
FY20 AHRI TBRA Agreement Page 6 of 20
(1) Are consistent with the purpose of providing housing for very
low-income and low-income families;
(2) Are reasonably related to TBRA program eligibility and the
applicants' ability to perform the obligations of the lease;
(3) Give reasonable consideration to the housing needs of families
that would have a federal preference under § 6(c)(4)(A) of the 1937 Act(see § 92.209(c)(2)
of the Regulations);
(4) Provide for the selection of tenants from a written waiting list
in the chronological order of their application, insofar as is practicable;and
(5) Give prompt written notification to any rejected applicant of the
grounds for any rejection.
(1) Neither the City nor AHRI shall be a party to any lease for which
assistance is given under the TBRA program.The compliance of any lease with the provisions
of this agreement shall not connote approval or endorsement of the lease by the City or by
AHRI but means only that the lease does not bar the tenant from qualifying for TBRA. The
TBRA program shall provide that the tenant's TBRA will be discontinued if the tenant is
evicted by judicial process for cause under the terms of the lease.
(m) The rent subsidy for any rental unit paid with Grant monies may not
exceed the difference between the rent standard established by the City for the unit size and
30% of the monthly adjusted income of the family of the tenant, in accordance with §
92.209(h)(1) of the Regulations. The City established the HOME rent standard as the City
rent standard in the Request for Proposal. The FY2020 Rents for All Bedroom Sizes for
Corpus Christi, TX HUD Metro FMR Area is attached to this Agreement as Exhibit "C".
Each tenant must contribute the higher of the difference between the gross rent and maximum
subsidy or 10%of the monthly gross income toward rent,with a minimum of$50.00.
(n) The rent to be paid under each lease must be reasonable,based on rents
that are charged for comparable unassisted rental units.The City shall establish rent standards
for various unit sizes in accordance with § 92.209(h)(3) of the Regulations and shall advise
AHRI of the rent standards applicable from time to time.
(o) Housing for which assistance is received under the TBRA program
must meet and be maintained in accordance with the following standards:
(1) The housing quality standards in 24 C.F.R. §982.401;
(2) Accessibility requirements in the regulations referenced in 24
C.F.R. §5.105(a) which implement the Fair Housing Act and §
504 of the Rehabilitation Act of 1973; and
FY20 AHRI TBRA Agreement Page 7 of 20
(3) All applicable state and City housing codes and ordinances.
(4) In accordance with 24 C.F.R. §92.209(h)(3)(iii), the AHRI shall
conduct inspections of each rental unit before approving
assistance under the TBRA program and at least annually
thereafter during the term of the rental assistance contract to be
sure that these standards are met. If any rental unit for which
TBRA assistance is being given falls below these standards, the
AHRI shall promptly notify the City, the tenant, and the owner
of the specific matters needing correction and shall give a
reasonable time (generally ranging from 24 hours for violations
that are an imminent health or safety threat, to 30 days for other
problems) for the deficiencies to be corrected. If the deficiencies
are not corrected within the time allowed, the TBRA with Grant
monies shall be suspended for that rental unit until the
deficiencies are corrected to the satisfaction of the City. This
TBRA contract may also be cancelled if the deficiencies continue
unabated.
(p) Each tenant selected to receive assistance must consent in writing for
his or her files to be inspected, copied, and audited by the City, HUD, or any of their agents
or employees, and must waive any confidentiality requirements that may otherwise be
breached as a direct or indirect result of any such inspection,copying,or audit.
(cl) AHRI shall verify all factors relating to a family's eligibility for TBRA
that have not already been verified by the City at the time of application. The verification will
be by means of third-party verification and review of primary documents provided by the
applicant or applicant certification.
3.4 AHRI shall provide funds of its own from non-federal sources,or qualifying equivalent
matching contributions, for the TBRA program in the amounts and forms required to satisfy the
City's match requirements,if applicable under§§ 92.218-92.222 of the Regulations, subject to
any exceptions that may be granted in writing by HUD. AHRI shall deliver to City sufficient
evidence, in such form as City may require from time to time, that the match requirements are
currently satisfied and will remain satisfied after disbursement,whenever a disbursement of the
Grant is requested.
3.5 Low-income families shall mean families whose annual incomes do not exceed 80%of
the median income for the area, as determined by HUD with adjustmentslor smaller and
larger families. The HUD FY 2020 Income Limits Summary for Corpus Christi TX HUD
Metro FMR Area,which defines"Low Income"as 80%of the median family income for the
area, is attached to this Agreement as Exhibit"D". To determine income eligibility of
applicants,AHRI shall comply with the requirements of 24 C.F.R. § 5.609 which defines
"Annual income" and includes, but is not limited to:
(a) The full amount, before any payroll deductions, of wages and salaries,
FY20 AHRI TBRA Agreement Page 8 of 20
overtime pay,commissions,fees,tips and bonuses,and other compensation
for personal services;
(b) The net income from the operation of a business or profession. Expenses
for business expansion or amortization of capital indebtedness shall not be
used as deductions in determining net income,nor shall withdrawals of cash
or assets be excluded from income,except to the extent the withdrawal is a
reimbursement of cash or assets invested in the operation by the family;
(c) Interest, dividends and other net income of any kind from real or personal
property.Where the family has net family assets in excess of$5,000,annual
income shall include the greater of the actual income derived from all net
family assets or a percentage of the value of such assets based on the current
passbook savings rate, as determined by HUD;
(d) The full amount of periodic amounts received from Social Security,
annuities,insurance policies,retirement funds,pensions,disability or death
benefits and other types of periodic receipts, including a lump sum amount
or prospective monthly amounts for the delayed start of a periodic amount
(except deferred periodic amounts from supplemental security income and
Social Security benefits that are received in a lump sum amount or in
prospective monthly amounts);
(e) Payments in lieu of earnings, such as unemployment and disability
compensation, worker's compensation and severance pay (except lump
sum additions to family assets, such as inheritances, insurance payments
(including payments under health and accident insurance and worker's
compensation), capital gains and settlement for personal or property
losses);
(f) Welfare assistance if the welfare assistance payment includes an amount
specifically designated for shelter and utilities that is subject to adjustment
by the welfare assistance agency in accordance with the actual cost of
shelter and utilities. (See 24 C.F.R.§ 5.609(a)(6)(i) and(ii));
(g) Periodic and determinable allowances, such as alimony and child support
payments,and regular contributions or gifts received from organizations or
from persons not residing in the dwelling;
(h) All regular pay, special pay and allowances of a member of the Armed
Forces(except special pay to a family member serving in the Armed Forces
who is exposed to hostile fire).
3.6 Exclusions to the definition of annual income are as follows:
(a) Income from the employment of children under the age of 18;
FY20 AHRI TBRA Agreement Page 9 of 20
(b) Payments received for the care of foster children or foster adults;
(c) Lump sum additions to family assets such as inheritances, insurance
payments(including payments under health and accident insurance and
worker's compensation), capital gains and settlement for personal or
property losses;
(d) Amounts received by the family for or in reimbursement of,the cost of
medical expenses for any family member;
(e) Income of a live-in aide;
(f) All student financial assistance paid directly to the student or to the
educational institution;
(g) The special pay to a family member serving in the Armed Forces who
is exposed to hostile fire;
(h) Amounts received under training programs funded by HUD;
(i) Temporary, nonrecurring or sporadic income(including gifts);
(j) Reparation payments for persons who were persecuted during the Nazi
era;
(k) Earnings in excess of$480 for each full-time student 18 years or older
(excluding the head of household and spouse);
(1) Adoption assistance payments in excess of$480 per adopted child;
(m) Deferred periodic amounts from supplemental security income and
social security benefits that are received in a lump sum amount or in
prospective monthly amounts;
(n) Refunds or rebates under State or local law for property taxes paid on
the dwelling unit;
(o) Amounts paid by a State agency to a family with a member who has a
developmental disability and is living at home to offset the cost of
services and equipment;
(p) Federally mandated income exclusions such as VISTA, Foster
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Grandparents, Federal Work study, earned income tax credit, etc. (a
complete list can be provided by the Department of Housing and
Economic Development).
Article 4. Duration of Agreement; Default and Enforcement
4.1 This agreement commences on the date of signature by the last Party to sign this
Agreement. Before AHRI receives any part of the Grant, AHRI may terminate this agreement
by written notice to the City if the City does not provide funds as required under this agreement.
After the City makes the first disbursement of the Grant to or on account of AHRI, this
agreement may no longer be terminated by AHRI and it shall remain in effect for so long as
AHRI has any control over Grant monies,unless sooner terminated under the provisions of this
Article.
4.2 This agreement may be terminated for convenience by City in accordance with 2 C.F.R.
Part 200.
4.3 At any time, the City determines or has reason to believe that AHRI has or may have
materially failed to comply with any provision of this agreement or with any of the rules,
regulations, or laws referred to in this agreement, the City may:
(a) Suspend performance of any part or all of its obligations under this agreement,
terminate this agreement entirely with no further obligations or liability on the part of the City,
or exercise other remedies under 2 C.F.R. Part 200;
(b) Declare AHRI ineligible to participate further in City contracts;
(c) Recover damages, obtain specific performance, or exercise any other remedy
available at law or in equity;or
(d) Exercise any one or more of the remedies specified in this Agreement,
concurrently or separately.
4.4 For the duration of this agreement and with respect to use of the Grant,AHRI agrees to
comply with all applicable federal laws, regulations, and requirements listed or described in
Subpart H of the Regulations, except for the City's responsibilities for environmental review
under § 92.352 of the Regulations and the intergovernmental review process under § 92.357.
The laws, regulations, and requirements applicable to AHRI under Subpart H of the
Regulations include those mentioned in the remaining Sections of this Article.
4.5 Nondiscrimination. No person shall on the grounds of race, color, national origin,
religion, sex, handicap, or financial status be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity funded in whole or
in part with the Grant. The Grant is made available subject to all requirements of the various
FY20 AHRI TBRA Agreement Page 11 of 20
laws and regulations listed in 24 C.F.R. § 5.105(a).
4.6 Conflicts of interest. No employee, agent, consultant, officer, or elected or appointed
official of AHRI or of the City who exercises or has exercised any functions or responsibilities
with respect to the Grant or the TBRA program or who is in a position to participate in a decision
making process or gain inside information with regard to the Grant or the TBRA program may
obtain a financial interest or benefit in any lease,contract,subcontract,or agreement with respect
thereto,or the proceeds thereunder,either for himself,herself,or those with whom he or she has
family or business ties, during his or her tenure or for one year thereafter, subject to the
exceptions and other provisions of§ 92.356 of the Regulations.
4.7 Government Debarment and Suspension and Government Wide Requirements for a Drug
Free Workplace. As a prerequisite for disbursement of funds under this Agreement and pursuant
to 24 C.F.R.Part 24,et. seq.,as part of the AHRI Response to the city of Corpus Christi Request
for Proposal, AHRI,has signed the certifications attached to this Agreement, as follows:
Exhibit "E" - "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transaction."
Exhibit"F" -"Drug-Free Workplace Certification."
AHRI may also require owners under leases to be assisted under the TBRA program
to submit the same certification signed by them before receiving TBRA program assistance.
4.8 Religious Organizations. Subrecipients that are religious or faith-based are eligible, on
the same basis as any other organization, to participate in the HOME program and shall not be
discriminated against on the basis of the Subrecipient's religious character or affiliation; however,
Subrecipients that are directly funded under the HOME program may not engage in inherently religious
activities, such as worship, religious instruction, or proselytization, as part of the programs or services
funded hereunder.If a Subrecipient conducts such activities,the activities must be offered in accordance
with the Federal regulations specified in 24 CFR§ 92.257.
Article 5. Records,Reports, Uniform Administrative Requirements and Monitoring
5.1 AHRI shall create and maintain tenant data demonstrating eligibility for its TBRA
program. The data shall include: the tenant's name, address, race or ethnic group, age, sex,
income level, head of household status (gender and whether single or not), confirmation of
chronic mental illness, Social Security number, number of bedrooms, tenant contribution,
monthly gross rent,percentage of median, size of household,type of contract,tenant in HOME-
assisted property, status, contract end date, Federal preferences applicable, any other basis for
determining eligibility,amounts of rent and security deposit subsidies provided and calculations
of the eligible amounts, actions undertaken to comply with equal opportunity and fair housing
requirements, and any other data the City may direct from time to time.
5.2 AHRI shall also create and maintain current records relating to its TBRA program that
are required of the City, including records supporting the City's certification under §92.209 of
the Regulations; records for income targeting required of the City under § 92.216 of the Regulations;
FY20 AHRI TBRA Agreement Page 12 of 20
and records, such as individual project records and a running log, demonstrating compliance with the
matching requirements in § 92.218 through § 92.221 of the Regulations including the type and amount
of contributions.
5.3 AHRI shall also create and maintain records of compliance with the housing quality
standards, lease terms(including copies of all executed leases), minimum tenant contributions,
actions taken to affirmatively further fair housing, and all other requirements of the TBRA
program.
5.4 AHRI shall comply with any record-keeping format the City may prescribe from time
to time for the records to be kept under this Article. AHRI shall retain all such records for the
duration of this agreement and for four years thereafter,or after the resolution of all federal audit
findings,whichever occurs later.
5.5 In the event AHRI is allocated$750,000 or more in Federal awards during its fiscal year,
AHRI shall be required to complete and comply with the U.S.Governmental federal single audit
requirements, including the requirements contained in Uniform Administrative Requirements,
Cost Principles and Audit Requirements for Federal Awards(also known as the Super Circular)
codified at 2 CFR, Part 200 Section C: Subpart F Audit Requirements. In that event, AHRI is
required to submit a data collection form and reporting package to the Federal Audit
Clearinghouse (FAC) within 30 days of receipt of the audit report or nine months after the end
of the audit period, whichever date is earlier. AHRI hereby agrees to provide to City an annual
audit, if applicable, or annual financial statement, if the annual audit requirement is not
applicable, within these same time periods. In addition, a copy of the agency's Form 990 will be
filed with City within thirty(30)days of filing with the Internal Revenue Service,during the term of this
agreement and any extensions.
5.6 All records of AHRI or under its control with respect to any matters covered by this
agreement shall be made available to the City, its designees,or federal agents or employees, as
often as requested during normal business hours, to audit, examine, transcribe, or copy as any
of those parties may deem necessary. Any deficiencies noted in audit reports must be fully
cleared by AHRI within thirty days after notice of the deficiency is given by the City, its
designees, or federal agents or employees.
5.7 AHRI warrants and represents that it now meets and will continue to meet during the
entire term of this agreement,the uniform administrative requirements of 2 CFR Part 200.
5.8 AHRI agrees to permit and cooperate fully with audits conducted from time to time as
required by 24 C.F.R. parts 44 and 45, as applicable.
5.9 AHRI will create, maintain and allow inspection of records demonstrating compliance
with the matching requirements,if applicable of 24 C.F.R. § 92.218 through § 92.222 including
a running log and documenting the type and amount of match contributions by project.
5.10 AHRI will create, maintain and allow inspection of records demonstrating that each
family is income eligible in accordance with § 92.203, using the annual income definition
adopted by the City and set out in Section 2.5 of this Agreement.
FY20 AHRI TBRA Agreement Page 13 of 20
5.11 AHRI will create, maintain and allow inspection of records demonstrating compliance
with lead-based paint requirements described in 24 C.F.R. § 92.355.
5.12 AHRI will create, maintain and allow inspection of records demonstrating compliance
with the conflict of interest requirement of 24 C.F.R. § 92.356, as stated in Section 5.3 of this
Agreement.
5.13 AHRI will create, maintain and allow inspection of records demonstrating compliance
with the Government Debarment and Suspension,Ineligibility and Voluntary Exclusion and the
Government Wide Requirements for a Drug Free Workplace, pursuant to 24 C.F.R.and as set
forth in Exhibit"E"and Exhibit"F" and in Section 5.4 of this Agreement.
5.14 AHRI will create, maintain and allow inspection of records demonstrating compliance
with the applicable uniform administrative requirements under Section 6.7 of this Agreement.
5.15 AHRI will create, maintain and allow inspection of records demonstrating compliance
with all other requirements of this Agreement.
5.16 The CITY shall monitor Subrecipient's files, and program policies and procedures at
least once annually for compliance with Exhibit"G". The HOME Program Guide for Review
of TBRA projects and other HOME guidance will be used to monitor TBRA file(see Attachment
B&C). In addition to the items and documents specified in the exhibits,Subrecipient's file must
also contain the following fully completed documents as well as any other documents specified
in the HOME TRBA Subrecipient Agreement:
• Subrecipient's Tenant Assessment Form - and application.
• Program Entry Date-the date of HOME Rental Assistance Contract and lease.
• Income Eligibility Form-and proof of income or documentation of no income.
• Adjusted Income Determination Form.
• Tenant Rent Payment Calculation Form - including current FMR for the unit,
with tenant and TBRA assistance determination.
• Rent Reasonableness Determination - the program may only provide rent
assistance if the tenant's proposed rent is reasonable. This is based on rents
that are charged for comparable unassisted rental units using the rent
reasonableness form. The Subrecipient will adopt the approved HUD method
utilized by its organization to determine reasonableness.
• Rent Affordability - verifying the payment standard is within the appropriate
FMR standards.
• Tenant Written Lease -for one year executed by the tenant and landlord.
• Tenant Lease Addendum- signed by the tenant and landlord.
• HOME Rental Assistance Contract - signed by the landlord and the
Subrecipient. This document and the lease should begin and end on the same
day.
• Housing Quality Standards (HQS) - documentation of inspection, completion
FY20 AHRI TBRA Agreement Page 14 of 20
and certification,both initially and at recertification.
• Lead-Based Paint Visual Assessment - documentation, both initially and at
recertification.
• Home Rental Assistance Voucher - must be completed and signed by the
Subrecipient and tenant.
• Program Notices - if there is a change in the tenant's share of rent or TBRA
program changes,the Subrecipient must provide written notices to the landlord
and tenant. Copies of those notices must be kept in the client files.
• Re-Assessment Form-annual re-assessment documents for income,HQS,Re-
calculation of Rent and Rent Reasonableness Determination.
• Documentation of Termination - copy of termination letter specifying the
reason.
Article 6. General Provisions
6.1 AHRI warrants and represents that the following are now true and will remain true
during the entire term of this agreement:that AHRI has and maintains its charter and organization
as a non-profit corporation in good standing under Texas law;that no part of AHRI's net earnings inure
to the benefit of any member, founder, contributor, or individual, and that AHRI's Articles of
Incorporation so provide; and that AHRI has a current ruling by the Internal Revenue Service
recognizing its exemption from income tax under § 501(c)(3) or (4) of the Internal Revenue Code of
1986.
6.2 For purposes of this Section, the following terms are defined:
(a) To "indemnify" means to protect, defend, hold harmless, pay and
be solely responsible for the indemnified liabilities.
(b) "Liabilities" includes all of the following, whether foreseeable or
unforeseeable: claims, damages (including actual, consequential and punitive), losses, liens,
causes of action, suits,judgments, settlements and expenses (including court costs, litigation
expenses,and attorney fees incurred in defending or settling a claimed liability or in enforcing
this indemnity, costs of investigation, and expert witnesses), of any nature by, through or of
any person or entity including property loss, damage, bodily or personal injury, sickness,
disease, or death, occurring in connection with this agreement or any use of the Grant
hereunder.
(c) To "arise from" includes to occur as a result of or to cause, whether
directly or indirectly, in whole or in part.
(d) "AHRI or its instrumentalities" includes any one or more of: AHRI,
any contractor or subcontractor of AHRI, any employee of AHRI or of any contractor or
subcontractor of AHRI, any person that AHRI controls directly or indirectly to any degree,
any invitee of AHRI,any licensee of AHRI,any tenant or subtenant of AHRI,and any tenant,
landlord, or applicant for assistance under the AHRI TBRA program. It also includes the
following for each of the parties listed in the preceding sentence: partners, partners of their
FY20 AHRI TBRA Agreement Page 15 of 20
partners, and any successors, assigns, heirs, personal representatives, devisees, agents,
stockholders, officers,directors,employees,and affiliates.
(e) "Indemnified persons" includes the City, its Council Members,
Mayor, City Manager, agents, guests, consultants, invitees, and employees. It also
includes the following for each of the parties listed in the preceding sentence: partners,
partners of their partners, and any successors, assigns, heirs, personal representatives,
devisees,agents,stockholders, officers, directors,employees,and affiliates.
(I) "Indemnified matters"means(i)bodily or personal injury to, sickness,
disease,or death,of any person or damage to or loss of property occurring on, in or about the
Housing; (ii) any act, omission, willful misconduct, strict liability, or breach of warranty,
express or implied,of AHRI or its instrumentalities, including negligence in whole or in part
of AHRI or its instrumentalities; (iii) any violation, or nonperformance of any covenant of
AHRI or its instrumentalities under this agreement;or(iv)any violation of any federal, state,
county, or city law,bylaw, ordinance or regulation by AHRI or its instrumentalities.
(g) "Indemnified liabilities" means all liabilities arising from indemnified
matters,except that the indemnified liabilities do not include any liabilities arising solely from
the gross negligence or willful misconduct of an indemnified person. •
6.3 AHRI agrees to indemnify the indemnified persons for all indemnified liabilities
arising from,or alleged to have arisen from,any of the indemnified matters. AHRI's
indemnity shall apply to indemnified liabilities EVEN IF ARISING FROM THE
SOLE NEGLIGENCE OR IN PART FROM THE CONCURRENT
NEGLIGENCE OF ANY INDEMNIFIED PERSON, INCLUDING GROSS
NEGLIGENCE, OR IN WHOLE OR IN PART FROM THE STRICT
LIABILITY OF AN INDEMNIFIED PERSON. AHRI shall promptly advise the
City in writing of any action, administrative or legal proceeding or investigation to which
this indemnification may apply.
6.4 AHRI shall carry general liability insurance, with such limits and on such terms as the
City may reasonably require from time to time to protect the interests of the City and the other
Indemnified Persons, continuously in effect for the duration of this agreement. The insurance
policy shall name as additional insureds the City and its councilpersons, mayor, city manager,
agents, guests, consultants, invitees, and employees. The right of subrogation against the City
and any such additional insureds shall be waived in the insurance policy. The coverage must be
maintained with one or more insurance companies licensed to transact business in Texas.Failure
of AHRI to maintain adequate coverage shall not relieve AHRI of any contractual responsibility
or obligation under this agreement. Prior to receiving any Grant monies under this agreement
and upon renewal of any insurance policy or issuance of a new insurance policy, AHRI shall
furnish to the City a certificate of insurance from the issuing company,providing that the issuing
company shall provide to the City not less than thirty days advance notice in writing of
cancellation,non-renewal,or material changes in the insurance policy.AHRI shall immediately
provide written notice to the City upon receipt of notice of cancellation of an insurance policy
FY20 AHRI TBRA Agreement Page 16 of 20
or a decision to terminate or alter anyinsurancepolicy.olic .All certificates of insurance shall clearly
state that all applicable requirements have been satisfied. Certificates of insurance and notices
of any cancellations,terminations,or alterations of such policies shall be mailed to the Office of
Risk Management in care of the City at its address for notice purposes under this agreement.
Documentation of the AHRI insurance coverages is attached hereto as Exhibit"H".
6.5 AHRI shall comply with all applicable federal, state, and local laws, ordinances, and
regulations,whether or not specified in this agreement, in the use of the Grant and performance
under this agreement by AHRI. Any reference in this agreement to a statute or regulation
includes any future amendments thereto, any replacement thereof, and any corresponding
provision of future laws or regulations.All statutes and regulations referred to in this agreement
are made a part of this agreement for all purposes.
6.6 The provisions of this agreement are severable, and if for any reason a provision of this
agreement is determined to be invalid by a court or federal or state agency,board or commission
having jurisdiction over the subject matter of the invalid provision,the invalidity shall not affect
other provisions that can be given effect without the invalid provision.
6.7 This written instrument and the exhibits and attachments attached to it, which are
incorporated by reference and made a part of this agreement for all purposes,constitute the entire
agreement by the parties concerning the subject matter of this agreement. Any prior or
contemporaneous oral or written agreement that purports to vary the terms of this agreement
shall be void.
6.8 This agreement may be amended only by written amendment signed by the City, with
approval of its City, and by AHRI, with approval of its board of directors.
6.9 All payments and other obligations under this agreement are to be paid or performed in
Corpus Christi,Nueces County,Texas.
6.10 AHRI is an independent contractor with respect to the City and is not an officer, agent,
servant, partner, or employee of the City. To the extent consistent with the terms of this
agreement, AHRI (and not the City) shall have exclusive control of, and the exclusive right to
control, the details of the work and services performed under this agreement, and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
directors, agents, servants, employees, contractors, subcontractors, program participants,
licensees, invitees, and volunteers. The doctrine of respondent superior shall not apply as
between the City and AHRI, its officers, directors, agents, servants, employees, contractors,
subcontractors, program participants, licensees, invitees, and volunteers, and nothing in this
agreement shall be construed as creating a partnership or joint enterprise between City and
AHRI.Neither AHRI nor any of its officers,directors,agents,servants,employees,contractors,
subcontractors, program participants, licensees, invitees, or volunteers is in the paid service or
employment of the City.
6.11 Whenever used in this agreement, to "include" means to "include, without limitation."
FY20 AHRI TBRA Agreement Page 17 of 20
6.12 AHRI shall not assign all or any part of its rights, privileges, or duties under this
agreement without the prior written approval of the City. Any attempted assignment of same
without approval shall be void and shall constitute a breach of this agreement.
6.13 The failure of the City to insist upon the performance of any term or provision of this
agreement or to exercise any right under this agreement shall not be construed as a waiver or
relinquishment to any extent of the City's right to assert, enforce,or rely upon any such term or
right on any future occasion.
6.14 Any notice to be given under this agreement shall be in writing and shall be deemed
delivered when it is deposited in the United States Mail,certified,return receipt requested,with
proper postage prepaid, and addressed to the party to be notified at its address given in the first
paragraph of this agreement,or to any other address of which that party has previously notified
the other party in writing. All notices directed to the City shall be addressed to the attention of
its Housing and Community Development except as specified otherwise in this agreement.
6.15 The headings of Articles and Sections in this agreement are for convenience only and
shall be ignored in interpreting this agreement.The use of any gender includes the other genders,
and the use of either singular or plural includes the other.Unless the context indicates otherwise,
a "Section" refers to the provisions of this agreement, including sub-Sections, beneath and
segregated by a number followed by one decimal and another whole number;and an"Article"refers to
all Sections and provisions of this agreement beneath and segregated by a centered Article number and
heading.
6.16 AHRI shall comply with all requirements contained in the city of Corpus Christi
Program Year 2020/2021 HOME TBRA Tenant-Based Rental Assistance Request for Proposal
(RFP) submitted March 13,2020, as accepted by AHRI.
6.17 AHRI agrees to provide information on client services spreadsheet such as client name,
address,ethnic, race, gender,age,head of household and income level. The monthly report will
be due on the 10t of each month. Information regarding client information is stated in Exhibit
"I»
6.18 AHRI agrees to provide the required information and comply with the requirements of
Exhibit "J", Conflicts of Interest Questionnaire, which is attached hereto and incorporated
herein.
(signature block on next page)
FY20 AHRI TBRA Agreement Page 18 of 20
Executed in duplicate originals this I I* day of 1).. Aoe 2020.
ATTEST: City of Corp,s Christi, Texas
, /.*°°/*
Re ecca Huerta, Secretary SaS23.2114AuTviuditiith e an,
jsistant City Manager
sY COUNCIL U
APPROVED • S TO FORM THIS DAY Y 020.
4 4
:mom_
W. ent McI
Assistant City Attorney
FY20 AHR1 TBRA Agreement Page 19 of 20
Accessible Housing Resources, Inc.
l all o te)
y Telge, :oatd Pre 1/4ent Date
ATTEST:
o ••rate Seal)
FY20 AHRI TBRA Agreement Page 20 of 20