HomeMy WebLinkAboutC2022-254 - 7/26/2022 - Approved DocuSign Envelope ID: BA61 1 0EB-E740-4D04-BA1 E-6AE5F71 FCAF9
COASTAL BEND CENTER FOR INDEPENDING LIVING
FY22 CBCIL 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 Coastal Bend Center for
Independent Living, a Texas Non-Profit Corporation (herein referred to as "CBCIL" 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 CBCIL engage in the performance
of certain activities related to the TBRA program; and
NOW THEREFORE,the parties hereto mutually agree as follows:
L Article. Project Scope
1.1 The City and CBCIL 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.
CBCIL needs funds to provide rental assistance, rental deposit assistance, and utility deposit
assistance to a minimum of(4) individuals/households with very low and low-income persons
with disabilities, seniors, Veterans, homeless and others at the lowest income levels who may
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 CBCIL as a "Subrecipient," as defined in the
Regulations, under the terms of this agreement toward fulfilling these mutual needs. CBCIL
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
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substantial public benefit. Continuing supervision by the City, statutory and contractual
requirements, and the special expertise, knowledge and experience demonstrated by CBCIL 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$400,000.00 from
FY 2022-2023 HOME funds.
Grant Period: The period beginning on the date of signature by the last Parry to sign this
Agreement and ending on the later of:
(a) September 30, 2024 (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
CBCIL: Coastal Bend Center for Independent Living, 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, 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 CBCIL 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 CBCIL 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." CBCIL
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 timeline for goals and expenditures is attached to this agreement as (Exhibit`B.")To
the maximum extent of its reasonable control, CBCIL shall adhere to the timeline in its use of
the Grant.
2.5 For the duration of this agreement,CBCIL 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. CBCIL 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 Neighborhood Services Department after August 31, 2024.
2.6 All requests for payment made pursuant to this Agreement must be submitted to
Neighborhood Services Department. Any payments made under this Agreement will be made
based upon CBCIL, 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 CBCIL 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. CBCIL 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 CBCIL on the Grant monies
advanced to CBCIL under this agreement shall be used by CBCIL for Tenant-Based Rental
Assistance (TBRA) in the same manner as original Grant monies and must be disbursed before
CBCIL 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 CBCIL at the end of the Grant Period, shall be returned promptly to the City.
2.9 Approval by the City of CBCIL'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
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for, any aspect of the TBRA administered by CBCIL; CBCIL shall be solely responsible and
solely liable for the administration of the Grant monies. Moreover, any such approval or failure
to disapprove or object shall not relieve CBCIL 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 CBCIL has complied with
those requirements or obligations; and shall not constitute a waiver of any such requirements or
obligations.
Article 3. The CBCIL TBRA Program
3.1 CBCIL shall disburse the Grant monies through a TBRA program that CBCIL 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 CBCIL 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 CBCIL
reasonably in developing and writing the program. When the TBRA program is complete,
CBCIL shall submit it to the City, which shall approve it in writing before becoming obligated
to provide any of the Grant to CBCIL. 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. CBCIL 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
annual incomes do not exceed 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; an
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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, CBCIL 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) CBCIL 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 CBCIL to the satisfaction of the City, and the City shall
approve the design in writing before any Grant monies are disbursed to CBCIL.
(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.
(� 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 § 92.2090) of the Regulations; however, notwithstanding § 92.2100)(2), any
security deposit funded under the CBCIL 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 CBCIL or
the City.
(h) CBCIL 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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Q 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) CBCIL shall require each owner that is a party to a lease to adopt
written tenant selection criteria that:
(1) Are consistent with the purpose of providing housing for very
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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.
0) Neither the City nor CBCIL 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 imply approval or endorsement of the lease by the City or by
CBCIL 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 FY2022 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
CBCIL 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
(3) All applicable state and City housing codes and ordinances.
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(4) In accordance with 24 C.F.R. §92.209(h)(3)(iii),the CBCIL 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
CBCIL 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.
(q) CBCIL 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 CBCIL,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. CBCIL 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 adjustments for smaller and
larger families. The HUD FY 2022 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, CBCIL 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,
overtime pay, commissions,fees,tips and bonuses, and other compensation
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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;
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(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
Grandparents, Federal Work study, earned income tax credit, etc. (a
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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 Parry to sign this
Agreement. Before CBCIL receives any part of the Grant, CBCIL 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 CBCIL,
this agreement may no longer be terminated by CBCIL and it shall remain in effect for so long
as CBCIL has any control over Grant monies, unless sooner terminated under the provisions of
this Article.
4.2 The City may terminate this Agreement for convenience following twenty (20) days
written notice CBCIL. Notice will be provided to CBCIL in accordance with the requirements
of this Agreement. CBCIL, shall immediately stop all work under this Agreement upon receipt
of written notice of Termination from the City.
4.3 At any time, the City determines or has reason to believe that CBCIL 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 CBCIL 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, CBCIL 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 CBCIL 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
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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 CBCIL 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 CBCIL Response to the city of Corpus Christi
Request for Proposal, CBCIL, 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."
CBCIL 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 CBCIL 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 CBCIL 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
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the Regulations; records for income targeting required of the City under § 92.216 of the Regulations;
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 CBCIL 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 CBCIL shall comply with any record-keeping format the City may prescribe from time
to time for the records to be kept under this Article. CBCIL 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 CBCIL is allocated $750,000 or more in Federal awards during its fiscal
year, CBCIL 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, CBCIL 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. CBCIL 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 CBCIL 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 CBCIL within thirty days after notice of the deficiency is given by the City, its
designees, or federal agents or employees.
5.7 CBCIL 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 CBCIL 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 CBCIL 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 CBCIL 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
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adopted by the City and set out in Section 2.5 of this Agreement.
5.11 CBCIL 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 CBCIL will create, maintain and allow inspection of all 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 CBCIL 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 CBCIL 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 CBCIL 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 &Q. 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.
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• Housing Quality Standards (HQS) - documentation of inspection, completion
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 CBCIL warrants and represents that the following are now true and will remain true
during the entire term of this agreement: that CBCIL has and maintains its charter and
organization as a non-profit corporation in good standing under Texas law; that no part of CBCIL's net
earnings inure to the benefit of any member, founder, contributor, or individual, and that CBCIL's
Articles of Incorporation so provide; and that CBCIL has a current ruling by the Internal Revenue
Service recognizing its exemption from income tax under§50I(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) "CBCIL or its instrumentalities"includes any one or more of: CBCIL,
any contractor or subcontractor of CBCIL, any employee of CBCIL or of any contractor or
subcontractor of CBCIL, any person that CBCIL controls directly or indirectly to any degree,
any invitee of CBCIL, any licensee of CBCIL, any tenant or subtenant of CBCIL, and any
tenant, landlord, or applicant for assistance under the CBCIL TBRA program.It also includes
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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.
(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.
(0 "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 CBCIL or its instrumentalities, including negligence in whole or in
part of CBCIL or its instrumentalities; (iii) any violation, or nonperformance of any covenant
of CBCIL or its instrumentalities under this agreement; or (iv) any violation of any federal,
state, county, or city law, bylaw, ordinance or regulation by CBCIL 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 CBCIL agrees to indemnify the indemnified persons for all indemnified liabilities
arising from, or alleged to have arisen from, any of the indemnified matters. CBCIL'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. CBCIL shall promptly advise
the City in writing of any action, administrative or legal proceeding or investigation to
which this indemnification may apply.
6.4 CBCIL 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 CBCIL to maintain adequate coverage shall not relieve CBCIL 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,
CBCIL 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. CBCIL shall
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immediately provide written notice to the City upon receipt of notice of cancellation of an
insurance policy or a decision to terminate or alter any insurance policy. 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 CBCIL insurance coverages is attached hereto as
Exhibit"H".
6.5 CBCIL 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 CBCIL. 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
Manager, or his designee, and by CBCIL, 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 CBCIL 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, CBCIL (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 CBCIL, 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
CBCIL. Neither CBCIL 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.
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6.11 Whenever used in this agreement, to "include" means to "include, without limitation."
6.12 CBCIL 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 parry has previously notified
the other parry in writing. All notices directed to the City shall be addressed to the attention of
its Neighborhood Services Department 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 CBCIL shall comply with all requirements contained in the city of Corpus Christi
Program Year 2022 HOME TBRA Tenant-Based Rental Assistance Request for Proposal(RFP)
submitted March 31, 2022, as accepted by CBCIL.
6.17 CBCIL 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 I Oh of each month. Information regarding client information is stated in Exhibit
64111
6.18 CBCIL 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)
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Executed in duplicate originals this 21 day of December 2022.
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
DocuSigned by: DocuSigned by:
Rebecca erta City Secretary Lind wart, hector
Neighborhood Services Department
Ord, 032816 Authorized By
APPROVED AS TO FORM:
Docu igned by:
Council 7-26-2022
DS
W. ent MMy ar
Assistant City Attorney
COASTAL BEND CENTER FOR INDEPENDENT LIVING
DacuSigned by:
�lt�,tn �GL( S81A 12/16/2022
Jo n EIac`rson, Board President Date
ATTEST:
DacuSigned by:
U �A&Sbvu
ate'® 440
...
(Corporate Seal)
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t 31
Exhibit A
CITY OF CORPUS CHRISTI
PROJECT BUDGET
Project No:
Project Title: C13CIL City Tenant Based Rental Assistance JBRA)
..........
Subrecipient: Coastal Bend Center for Independent Living (CBCIL)
.................
Contract Period: October 1, 2022— September 30, 2024
..........
Program Budgeted Items Funding Other Funding Total Budget
Sources:
— HOME
HOME Rents, including $360,000 $ 40,000 $400,000
security deposits
HOME Administrative $40,000 $ 60,000 $100,000
Costs
TOTAL $400,000 $100,000 $ 500,000
In addition to the information provided by here, the City may require a more detailed budget
breakdown than the one contained herein, and the: Subrecipient shall provide such
supplementary budget information in a timely fashion in the form and content prescribed by
the City.
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Exhibit B
CITY OF CORPUS CHRISTI
TIMELINE FOR GVOAI,S AND EXPENDITURES
Project No:
Project Title: Tenant Based Rental Assistance (TBRA)
Subrecipient: Coastal Bend Center for Independent Living (CECIL)
Contract Period: October 1, 2022 - September 30, 2024
Month Year Rent Deposits Project
Delivery Cost
October 2022 $ 15,000 $ $ 1,667
November 2022 $ 15,000 $ $ 1,667
December 2022 $ 15,000 $ $ 1,667
January 2023 $ 15,000 $ $ 1,667
.......... -------
2023 $ 15,000 $ $ 1,667
March 2023 $ 15,0010 $ $ 1,667
April 2023 $ 15,000 $ $ 1,667
May 2023 $ 15,000 $ 1,667
June 2023 $ 15,000 $ $ 1,667
July 2023 $ 15,000 $ $ 1,667
August 2023 $ 15,000 $ $ 1,667
September 2023 15,000 $ $ 1,667
0
23 $ 15,000 $ $ 1,667
November 2023 15,000 $ $ 1,667
December 2023 $ 15,000 $ $ 1,667
January 2024 $ 15,000 $ $ 1,667
,e uary 2024 $ 15,000 $ 1,667
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March 2024 $ 15,000 $ 1,667
April 2024 $ 15,000 $ $ 1,667
... .............
May 2024 $ 15,000 $ $ 1,667
June 2024 $ 15,000 $ $ 1,667
...................---- ...........
July 2024 $ 15,000....... $ $ 1,667
August 2024 $ 15,000 $ $ 1,667
September 2024 $ 15M00 $ $ 1,667
TOTAL $ 360,000 $ 40,000
In addition to the information provided by here, the City may require a more detailed budget
breakdown than the one contained herein, and the Subrecipient shall provide such
supplementary budget information in a timely fashion in the form and content prescribed by
the City.
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Exhibit C
HOME PROGRAM RENTS
FY2022 Rents for All Bedroom Sizes for Corpus Christi, TX HUD FMR Area
PROGRAM EFFICIENCY 1 BR 213R 313R 413R 513R 6 BR
LOW HOME RENT $678 $726 $872 $1,007 $1,123 $1,240 $1,356
LIMIT
............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
HIGH HOME RENT $822 $909 $1,113 $1,277 $1,405 $1,531 $1,658
LIMIT
For information
Only:
FAIR MARKET $822 $909 $1,118 $1,474 $1,720 $1,978 $2,236
RENT
..........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
50% RENT LIMIT $678 $726 $872 $1,007 $1,123 $1,240 $1,356
65% RENT LIMIT $863 $926 $1,113 $,1277 $1,405 $1,531 $1,658
The FMRs for unit sizes larger than four bedrooms are calculated by adding 15 percent to the four-bedroom
FMR, for each extra bedroom. For example, the FMR for a five-bedroom unit is 1.15 times the four-bedroom
FMR, and the FMR for a six-bedroom unit is 1.30 times the four-bedroom FMR FMRs for single-room
occupancy units are 0.75 times the zero-bedroom (efficiency) FMR.
https://www.hudexchange.info/programs/home/home-rent-limits/
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Exhibit D
ADJUSTED HOME INCOME LIMITS
Based on HUD 2022 Adjusted HOME Income Limits for Corpus Christi, TX.
Income Limit 1 2 3 4 5 6 7 8
Category Person Persons Persons Persons Persons Persons Persons Persons
Extremely Low(30%) $16,300 $18,600 $20,950 $23,250 $25,150 $27,000 $28,850 $30,700
Income Limits
Very Low(50%) $27,150 $31,000 $34,900 $38,750 $41,850 $44,950 $48,050 $51,150
Income Limits
..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Low(60%) $32,580 $37,200 $41,880 $46,500 $50,220 $53,940 $57,660 $61,380
Income Limits
..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Low&Mod (80%) $43,400 $49,600 $55,800 $62,000 $67,000 $71,950 $76,900 $81,850
Income Limits
Effective
...Date:.....June
....1.5.......2022.......................................................................................................................................................................................................................................................................................................................................................................
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Ccrtirication Regarding Debarment,Suspension,Ineligibility and Voluntary EXCIUSiOn
The following statement is made in accordance with the Privacy Act of 1974(5 U.S.C.§552(a), as amended). This certification is required by the
regulations implementing Executive Order 12549, Debarment and Suspension,and 2 C.F.R. §§ 180.300, 180.355,Part icipants,responsibilities. The
regulations were amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting
the Department of Agriculture agency offering the proposed covered transaction.
According to the Paperwork Reduction Act of 1995 an agency may not conduct or sponsor, and a person is not required to respond to a collection of
information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required
to complete this information collection is estimated to average 0.25 minutes per response,including the time for reviewing instructions,searching existing
data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate
criminal and civil fraud privacy, and other statutes may be applicable to the information provided.
(Read Instructions On Page Two Before Completing Certification)
A. The prospective lower tier(III DDEMIROPOSEWSU13RECI PENT) participant certifies, by submission of this
proposal,that neither it nor its principals is presently debarred, suspended,proposed for debarment, declared ineligible,
or voluntarily excluded from participation in this transaction by any Federal department or agency;
13. Where the prospective lower tier(BIDDEWPROPOSER/SUBRECIPENT)participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this proposal.
ORGANIZATION NAME
Coastal Bend Center for Independent Living (CBCIL)
NAMI,'(S)ANI? 1`1'1'11.(5)OFAUTI IORIZED IZI"I)RI'S["N'l-A-['[Vl--,(S)
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...........
Instructions for Cer0cation
(1) By signing and submitting this form, the prospective lower tie],participant(BIDDER/PROPOSER/StJBRECIPEN'l-) is
providing the certification set out on page I in accordance with these instructions,
(2) The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered
into. If it is later determined that the prospective lower tier participant(13 1 DDEIVPRO PO SER/SU B RECI PENT)knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency
with which this transaction originated may pursue available remedies, including suspension or debarment.
(3) The prospective lower tier participant(Bll)l)l,'R/PlROPOSER/SUBRECIIIY,,Nl')shall provide immediate written notice to the
person(s)to which this proposal is submitted if at any time the prospective lower tier participant
(BIDI)I1R/PROPOSERJSIJBRECIPEN-l') learns that its certification was erroneous when submitted or has become erroneous by
reason of changed circumstances.
(4) The terms"covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person,"
"primary covered transaction," "principal," "proposal," and"voluntarily excluded,"as used in this clause, have the meanings set out
in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 C.F.R. Parts 180 and 417. You may
contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
(5) The prospective lower tier participant(BIDDEWPROPOSER/SUBRECI PFNT)agrees by submitting this form that,should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who
is debarred,suspended,declared ineligible, or voluntarily excluded frorn participation in this covered transaction,unless authorized
by the department or agency with which this transaction originated.
(6) The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions,"without modification,
in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
(7) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that is not debarred, suspended, ineligible,or voluntarily excluded from the covered transaction,unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may,but is not required to,check the System for Award Management(SAM)database.
(8) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith
the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
(9) Except for transactions authorized under paragraph (5)of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible,or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government,the department or agency with
which this transaction originated may pursue available remedies, including suspension and/or debarment.
Page 2 of 2
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Exhibit "V
Drug Free Workplace Certification
Applicant certifies and agrees that it will provide a drug free workplace by:
(a) Publishing a statement:
a. Notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance, including cannabis, is prohibited in
the Applicant's workplace.
b. Specifying the actions that will be taken against employees for violations of such
prohibition.
C. Notifying the employee that, as a condition of employment on such contract or
grant, the employee will:
i. abide by the terms of the statement; and
ii. notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five (5) days after
such conviction.
(b) Establishing a drug free awareness program to inform employees about:
a. the dangers of drug abuse in the workplace;
b, the Applicant's policy of maintaining a drug free workplace;
C. any available drug counseling, rehabilitation, and employee assistance programs;
and
d. the penalties that may be imposed upon an, employee for drug violations.
(c) Providing a copy of the statement required by subparagraph (a) to each employee
engagedin the performance of the grant and to post the statement in a prominent place in the
workplace.
(d) Notifying the Department within ten (1 q) days after receiving notice under part (B) of
paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of
such conviction.
(e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse
assistance or rehabilitation program by, any employee who is so convicted, as required by Section
5 of the Drug Free Workplace Act.
(f) Assisting employees in selecting a course of action in the event drug counseling,
treatment, and rehabilitation is required and indicating that a trained referral team is in place.
(g) Making a good faith effort to continue to maintain a drug free workplace through
implementation of the Drug Free Workplace Act.
J
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THE UNDERSIGNED AFFIRMS, UNDER PENALTIES OF PERJURY, THAT HE OR SHE IS
AUTHORIZED TO EXECUTE THIS CERTIFICATION ON BEHALF OF THE DESIGNATED
ORGANIZATION.
Applicant
Signature of Authorized Representative Date
Title of Authorized Representative
EXECUTIVE DIRECTOR
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Exhibit G
TBRA Policy and Procedures for City
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Coastal Bend Center for
ON Independent Living
City of Corpus Christi
HOME Tenant Based Rental Assistance Program
Policy and Procedures Manual
Approved on: September 22, 2022
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Table Of Contents
Introduction Page 3
1. Financial Oversight & Accounting Page 4
2. Program Marketing & Fair Housing Page 4
3. Application Intake & Preliminary Review Page 4
4. Waitlist Management & Informal Review Process Page 5
5. Self-Sufficiency Requirements Page 5
6. Participant Eligibility (including Income Determination) Page 6
7. Unit Approval Page 7
8. Interim Revision &Annual Recertification Page 7
9. Unit Inspection Page 8
10. Monthly Subsidy Payments Landlords Page 8
11. Utility Deposits & Security Deposits Page 8
12. Utility Subsidy Page 8
13. Termination of Assistance Page 9
14. Deficiencies Page 9
15. Handling Complaints and Grievances Page 10
16. Addendum Page 10
17. Acknowledgment of Receipt Page 10
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Introduction
Coastal Bend Center for Independent Living (CBCIL) delivers
services that emphasize key principles of the Independent Living
Philosophy. These principles include consumer control, self-help,
peer role modeling, and equal access with a commitment to
serving people of all ages with a diverse array of disabilities.
CBCIL promotes the full inclusion, equality, opportunity, and
participation of people with disabilities in every aspect of life.
CBCIL provides Tenant Based Rental Assistance (TBRA)
vouchers funded through The City of Corpus Christi as an integral
element of inclusive independent living. TBRA vouchers are a tool
for people with disabilities on a path to permanent, affordable, and
accessible housing. TBRA vouchers provide temporary
assistance of up to two years with rent and utilities (utilities are
only provided for those who qualify) while individuals are pursuing
permanent housing resources. The City of Corpus Christi HOME
TBRA voucher program is prioritized for individuals with
disabilities experiencing homelessness or housing instability.
CBCIL believes that people with disabilities have the right to make
choices affecting their lives and to be active participants in
meeting their personal goals. CBCIL's intention is that people with
disabilities seeking housing assistance are partners with IL
Specialists. Consumers are required to provide income and asset
documents and proactively engage and communicate with CBCIL
staff to ensure successful housing outcomes.
CBCIL Tenant-Based Rental Assistance Program Policies and
Procedures are in place to provide consumers with an
understanding of CBCIL's requirements in the program. All
services provided in this program are subject to The City of
Corpus Christi HOME TBRA program requirements.
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Coastal Bend Center for Independent Living
Tenant-Based Rental Assistance Program
funded by The City of Corpus Christi
Tenant-Based Rental Assistance Program
Policies & Procedures
1 . Financial Oversight & Accounting
Coastal Bend Center for Independent Living's (CBCIL) financial
oversight and accounting for Tenant Based Rental Assistance
Program (TBRA) follow the Accounting Policy and Procedures
manual. CBCIL ensures compliance with The Office of
Management and Budget's (OMB) Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for
Federal Awards.
2. Program Marketing & Fair Housing
CBCIL does not discriminate based on race, color, religion,
gender or sexual orientation, disability, familial status, or national
origin. CBCIL partners with the Area Agency on Aging/Aging
Disability Resource Center, Catholic Charities, Nueces County
Community Action Agency, and the Texas Department of Health
and Human Services to share resources related to housing
assistance. CBCIL advertises housing assistance in The Coastal
Bend Aging & Disability Resource Directory. CBCIL attends many
outreach events promoting the TBRA program.
3. Application Intake & Preliminary Review
Applicants showing interest in receiving housing assistance first
must be identified with a qualifying disability as required by CBCIL
and funding source standards.
The applicant must participate in the CBCIL interview/intake
process to be established as a CBCIL Consumer. During this
period, an initial assessment is conducted to determine TBRA
eligibility.
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The Consumer must confirm having applied for a minimum of two
subsidized housing lists (or their local Section 8 list) prior to action
to secure TBRA funding, within 21 days of a written request by
CBCIL staff.
Once subsidized housing lists are verified, CBCIL asks the
applicant to provide current income and asset support
documentation, within 21 days of a written request by CBCIL staff.
Once all required documentation is provided, CBCIL will proceed
with the Intake Application, Supplement to the Intake Application,
and Household Income Certification to determine income
eligibility.
Households at or below 30% of Area Median Income experiencing
homelessness or exiting institutions may be prioritized.
Upon completion of the review, the completed packet is used to
determine allowable rent limits and start the unit selection
process.
4. Waitlist Management & Informal Review Process
All applicants who are selected for assistance and on an existing
waiting list must submit new application materials, updated
income information, and in general, be re-qualified as eligible for
the City of Corpus Christi HOME TBRA Program. All applicants
who exist on a current waiting list will be considered. Applicants
will be chosen in date order of placement on the waitlist.
Individuals on the waitlist must respond timely, within 21 days, to
submit all new materials for purposes of re-qualification for the
program, applicants with incomplete applications may be removed
from the waiting list.
5. Self-Sufficiency Requirements
All participants in the TBRA program must participate in a self-
sufficiency program. Failure to meet the terms of the self-
sufficiency plan will result in the termination of the TBRA
assistance. CBCIL's self-sufficiency plan requires applicants get
accepted and maintain active status on subsidized housing lists.
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Consistent with TBRA program purpose of establishing a path to
permanent housing. If program participant denies subsidized
housing before or during TBRA assistance, they will be denied any
future assistance. If applicant has alternative self-sufficiency plans
such as school, job training, etc., acceptance is at the discretion
of CBCIL.
6. Participant Eligibility (including Income
Determination)
TBRA applicants must provide all requested and required income
and asset support documentation to verify program eligibility,
within established timeframes. If Social Security benefit letter does
not confirm disability, then the applicant is asked to sign a
Verification of Disability form to be sent to applicant's credited
medical professional for verification. If any members of the
household are employed, CBCIL will ask for 3 months of
consecutive check stubs for all household members. Applicant
must provide child support documentation, if applicable.
Applicants must provide the most recent 6 months of current bank
checking account statements and, if applicable, 1 month of saving
account statements. If the applicant does not have a checking or
savings account and only has a pre-loadable debit card or Direct
Express account(s), the applicant must provide the most recent 1-
month statement for said accounts.
CBCIL applies the occupancy standards using Fair Housing
Guidelines. When determining unit size, an adult is a person over
18 years of age. At a minimum these criteria are:
(1) For every bedroom, there must be at least one person in the
household.
(2) Persons of the opposite sex, if over the age of six, will be
allocated a separate bedroom.
(3) Unrelated adults will be allocated a separate bedroom.
(4) Related persons of the same sex will not be allocated separate
bedrooms.
(5) Live-in attendants will be provided a separate bedroom.
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CBCIL may allow an exception to the occupancy standards
section of this policy at the request of the household. CBCIL will
review the circumstances surrounding the request for exception
and will notify household of the determination in writing. CBCIL
may grant an exception as an accommodation for persons with
disabilities.
7. Unit Approval
The applicant is responsible for locating their housing. However,
CBCIL can provide them with a list of properties that CBCIL is
either currently working with or has in the past, if needed. Once
an applicant identifies housing, CBCIL will reach out to the owner
or leasing office to determine income eligibility and acceptance of
the TBRA program. Applicant should provide property and contact
name to help CBCIL check program eligibility. If the unit is
affordable to the applicant and the program is accepted, an
inspection meeting is set up with the property's representative and
CBCIL's applicant. The unit must pass HUD 52580 inspection
form. Each year of assistance shall be accompanied by a one-
year lease. 6-month leases will be allowed under special
circumstances. For example, if an applicant is close to getting
permanent housing. During applicants' time in the program, they
must abide by the complex's rules, pay their portion of the rent on
time, and be courteous to others. Failure to do so will result in the
termination of TBRA assistance.
8. Interim Revision & Annual Recertification
30 to 60 days prior to the end of the first year the applicant will go
through a recertification process. The applicant has the
responsibility to make note of the recertification timeframe, the
required information due and will provide the necessary
paperwork again within seven (7) business days of the request by
CBCIL during the recertification process. TBRA participants
seeking recertification must provide current income and asset
documents, completely new intake paperwork, and pass HUD
52580 inspection to continue with the second year of TBRA
assistance. It is the applicant's responsibility to know when the
lease ends.
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If the TBRA participant wishes to move and continue with TBRA
assistance, they are required to give CBCIL 60 days' notice before
the end of the first year of TBRA assistance. If they do not, CBCIL
will not assist with TBRA in the new unit.
TBRA revisions can occur if there is reasonable cause. A revision
is a change in address or household income occurring in a non-
annual recertification month. Reasonable examples include losing
a household member, property suddenly becomes uninhabitable,
etc.
9. Unit Inspection
CBCIL uses HUD form 52580 to conduct TBRA unit inspection.
Unit must pass inspection before assistance is provided. Landlord
or owner is allowed to correct any deficiencies but must be
corrected prior to move in date. If unit does not pass inspection
and deficiencies are not addressed by landlord, assistance cannot
be provided.
10. Monthly Subsidy Payments Landlords
Distribution of monthly subsidy payments follow CBCIL's Fiscal
Department procedures and will be mailed to landlords.
11 . Utility Deposits & Security Deposits
CBCIL does not provide utility deposit assistance. However,
CBCIL does provide security deposit assistance. Deposit payment
is provided to property owner following CBCIL's Fiscal
Department procedures.
12. Utility Subsidy
CBCIL provides Utility Subsidy Payment for qualified recipients.
CBCIL utilizes the Total Tenant Payment Worksheet to determine
if the consumer is eligible for a utility subsidy. The Total Tenant
Payment Worksheet captures household income, portions of
expenses, and other required information to determine the eligible
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monthly utility subsidy amount, if applicable. Not every consumer
will be eligible for a utility subsidy.
13. Termination of Assistance
Assistance will be terminated if:
• TBRA participant fails to accept subsidized unit offered to
them, such as public housing or HUD subsidized housing. If
the participants name comes up on a waiting list for
subsidized housing and participant declines accepting
subsidized housing, participant is no longer eligible to
participate with the CBCIL TBRA assistance.
• Failure to respond to deficiencies within communicated time
frames will result in termination of TBRA assistance.
• TBRA participant gets evicted from TBRA assisted unit.
• Determination that participant is jeopardizing a relationship
with a TBRA landlord.
• Behavior that causes the following, including but not limited
to: breaking the lease, damaging the unit, not abiding by the
lease in any way such as allowing unauthorized individuals
to stay in the apartment, or any other behavior that puts the
agency, the landlord or other participants at risk of losing
TBRA housing or funding.
14. Deficiencies
TBRA deficiencies issued by The City of Corpus Christi must be
corrected for the Consumer to receive or continue receiving
assistance. It is required that Consumers respond within
communicated timeframes to aid in the resolution of deficiencies.
Failure to respond as directed by CBCIL staff may result in loss of
funding/access to TBRA assistance. There is an obligation for all
TBRA applicants/recipients to provide CBCIL with updated,
current contact information to ensure effective communications
and timely responses.
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15. Policy for Handling Complaints and Grievances
Each applicant or participant shall have the right to appeal any
decision or grievance to CBCIL by following CBCIL consumer
grievance policy.
16. Addendum
Desired changes and/or additions to this program procedures may
be allowed at any time.
17. Acknowledgment of Receipt
Client signature below verifies that you have received and
understand the Tenant Based Rental Assistance Policies &
Procedures.
Applicant Printed Name Date Applicant Signature Date
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EXHIBIT H
INSURANCE REQUIREMENTS
L CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has been obtained
and such insurance has been approved by the City. Contractor must not allow any subcontractor, to
commence work until all similar insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates
of Insurance with applicable policy endorsements showing the following minimum coverage by an
insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation
endorsement is required on all applicable policies. Endorsements must be provided with Certificate of
Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material change Per occurrence - aggregate
or termination required on all certificates
and policies.
CRIME/EMPLOYEE DISHONESTY $400,000 Per Claims Made
Contractor shall name the City of Corpus
Christi, Texas as Loss Payee
C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager
with copies of all reports of any accidents within 10 days of the accident.
It ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a
licensed insurance company. The coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers' compensation coverage provided must be in statutory
amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All
States Endorsement shall be required if Contractor is not domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by
companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of
no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract
and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be
given to City at the following address:
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City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to
contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement
with regard to operations, completed operations, and activities of or on behalf of the named insured
performed under contract with the City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi
where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of
the City; and
• Provide thirty (30)calendar days advance written notice directly to City of any, cancellation,non-renewal,
material change or termination in coverage and not less than ten(10)calendar days advance written notice
for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage,
Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City
shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time
during this contract. Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required,the City shall have the
right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be
held responsible for payments of damages to persons or property resulting from Contractor's or its
subcontractor's performance of the work covered under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any
insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations
under this contract.
L It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this contract.
2022 Insurance Requirements
Ins. Req. Exhibit
Professional Services — Crime-Employee Dishonesty
09/09/2022 Risk Management—Legal Dept.
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Exhibit J
CITY OF CORPUS CHRISTI - DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City
to provide the following information. Every question must be answered. If the question is not applicable, answer with
"NA." See the definitions for the Disclosure of Interest in Section III -General Information.
COMPANY NAME: COASTAL BEND CENTER FOR INDEPENDENT LIVING CBCIL
ADDRESS: PO BOX 331660 CORPUS CHRISTI TX 76463
Select one: Corporation ( X ) Partnership ( ) Sole Owner( ) Association Other ( )
DISCLOSURE QUESTIONS: if additional space is needed, please use reverse side of this page or attach a separate
sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or
more of the ownership in the above named "firm."
Name Job Title and City Department(if known)
/A-
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or
more of the ownership in the above named "firm."
Name Title
3. State the names of each "board' member"' of the City of Corpus Christi having an "ownership interest" constituting
3% or more of the ownership in the above named "firm."
Name Board, Commission, or Committee
4. State the names of each employee or officer of a "consultant for the City of Corpus Christi who worked on any
matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership
in the above named "firm."
Name Consultant
CERTIFICATE - I certify that all information provided Is true and correct as of the date of this statement, that I have not
knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly
submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person: Marisa Telge-Masur Title: Executive Director
Signature: �.. [date: