HomeMy WebLinkAboutC2022-273 - 12/20/2022 - Approved DocuSign Envelope ID:5F07D774-883E-4901-9879-57C5D6A1 E494
DocuSign Envelope ID:ED8AFE79-D712-49F2-BOCF-481603A2F980
2019
EMERGENCY SOLUTIONS GRANTS PROGRAM (ESG-CV)
SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
THE SALVATION ARMY for THE SALVATION ARMY OF THE COASTAL BEND
This Agreement(hereinafter"AGREEMENT")is made and entered into by and between the City
of Corpus Christi,a Texas home-rule municipal corporation("CITY"),acting through its City Manager or
the City Manager's designee("City Manager")",and THE SALVATION ARMY,a Georgia Corporation for
The Salvation Army of the Coastal Bend,located in Corpus Christi,Texas, hereinafter referred to as
"SUBRECIPIENT."
WHEREAS, pursuant to the Coronavirus Aid, Relief and Economic Security Act(Public Law 116-
136)signed into law by President Trump on March 27,2020("CARES"Act)the United States
Department of Housing and Urban Development("HUD")has allocated Special Emergency Solutions
Grant Funds("ESG-CV")to the City to be used to prevent,prepare for,and respond to the Coronavirus
pandemic(COVID-19)among individuals and families who are homeless or receiving homeless
assistance;and to support additional homeless assistance and homelessness prevention activities to
mitigate the impacts of COVID-19;
WHEREAS,the City has allocated One Million One Hundred Forty-Four Thousand Six Hundred
Eleven Dollars and Fifty-Four cents($1,144,611.54)from the FY2019-20 Emergency Solutions Grant
Coronavirus Response("ESG-CV") Program to provide for immediate needs faced by our communities,
which are subject to flexibilities and conditions as provided by Exhibit L("CARES"Act). Funds may be
used to cover or reimburse allowable costs incurred before the award of funding(including prior to the
signing of the CARES Act)to prevent, prepare for,and respond to COVID-19;
WHEREAS,the Coronavirus pandemic has impacted the homeless population in the City and
the City desires to fund additional construction activities in the community to provide temporary
housing opportunities for these residents through this AGREEMENT;
WHEREAS,SUBRECIPIENT desires to carry out eligible activities eligible activities among
individuals and families affected by COVID-19 who are homeless or receiving homeless assistance and
homelessness prevention activities as described in the Statement of Work attached hereto as Exhibit A
(the"Statement of Work"),subject to the flexibilities and conditions provided in Exhibit L("CARES"
Act) and are permitted by the Federal Register/Vol. 76, No.233/Rules and Regulations pursuant to the
U.S. Department of Housing and Urban Development Emergency Solutions Grants Program
Entitlement Grant Regulations and covered in 24 CFR Parts 91 and 576;
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WHEREAS,the CITY proposes to contract with SUBRECIPIENT in order that the eligible activities
described in Exhibit A(the"Statement of Work")can be carried out for the benefit of residents in the
City's jurisdiction.
NOW,THEREFORE,in consideration of the proposed funding and the mutual covenants set out
in this Agreement and the attached Exhibits(made part of this Agreement)and other good and
valuable consideration the receipt of which is hereby acknowledged,the CITY and the SUBRECIPIENT
do mutually agree as follows:
SECTION I
Rules and Regulations
SUBRECIPIENT agrees to cooperate with the CITY in respect to the implementation of the
Special Emergency Solutions Grants Program("ESG-CV")activities,CFDA No. 14.231 to be carried out
by SUBRECIPIENT pursuant to 24 CFR Parts 91 and 576 and other requirements, regulations and
flexibilities and conditions provided in Exhibit L("CARES"Act)and decisions as may be made by the
Department of Housing and Urban Development(HUD)or any other federal or state or entity that
may legally exercise its jurisdiction over expenditures of ESG-CV funds.
SECTION II
Statement of Work
SUBRECIPIENT agrees to perform services as outlined in Exhibit A:Statement of Work,of this
AGREEMENT for and in consideration of ESG-CV funding in the amount of$1,144,611.54,enumerated
in Exhibit B-2(the"Grant Budget")and Exhibit B-2(the"Payment Schedule").
SUBRECIPIENT agrees to notify the CITY, in writing, prior to any changes in its Statement of
Work,the Grant Budget,the Payment Schedule and the Schedule of Activity attached hereto as Exhibit
C(the"Schedule of Activity").SUBRECIPIENT shall obtain approval,in writing,from the CITY prior to
commencing work on any changes made to the Statement of Work,the Grant Budget,the Payment
Schedule and the Schedule of Activity.
CITY shall not be liable for costs incurred or performances rendered by SUBRECIPIENT before
commencement of this AGREEMENT or after termination of this AGREEMENT.
SUBRECIPIENT agrees to follow the schedule outlined in the Schedule of Activity of this
AGREEMENT,and shall notify the CITY,in writing,prior to any changes,delays or departures from the
Schedule of Activity. If SUBRECIPIENT demonstrates that delays or departure from the Schedule of
Activity is due to circumstances beyond its control, the CITY and SUBRECIPIENT may(but the City shall
not be required)amend the Schedule of Activity.
SECTION III
Records,Reports&Confidentiality Requirements
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SUBRECIPIENT agrees to establish and maintain records and reports as outlined in the Records
and Reports attached hereto as Exhibit D(the "Records and Reports")and agrees to make the Records
and Reports available to the CITY, HUD,and any other local,state or federal entity or authority that
may exercise jurisdiction over ESG-CV funds.SUBRECIPIENT shall maintain records as per 24 CFR
576.500. SUBRECIPIENT shall retain all program records for a period of five(5)years from final ESG-CV
payment.
SUBRECIPIENT must develop and implement written procedures to ensure:(i) All records
containing personal identifying information(as defined in HUD's standards for participation,data
collection,and reporting in a local HMIS)of any individual or family who applies for and/or receives
ESG-CV Assistance will be kept secure and confidential; (ii)The address or location of any domestic
violence,dating violence,or stalking shelter project assisted under the ESG-CV will not be made public,
except with written authorization of the person responsible for the operation of the shelter;and (iii)
The address or location of any housing of a program participant will not be made public,except as
provided under a pre-existing privacy policy of the SUBRECIPIENT and consistent with state and local
laws regarding privacy and obligations of confidentiality. The confidentiality procedures of the
SUBRECIPIENT must be in writing and must be maintained in accordance with this section.
SECTION IV
Training and Monitoring Visits
SUBRECIPIENT shall attend an orientation prior to the award of funds.
SUPRECIPIENT shall attend any training as required by the CITY.
SUBRECIPIENT agrees that the CITY shall conduct on-site monitoring visits at least annually to
assure compliance with applicable Federal requirements and that performance goals are being
achieved,if applicable,as per 2 CFR 200.328(a). After each monitoring visit,the CITY shall provide
SUBRECIPIENT with a written report of the monitor's findings.
If the monitoring reports note deficiencies in SUBRECIPIENT'S performance under the terms of
this AGREEMENT,the monitoring report shall include requirements for the timely correction of such
deficiencies by no later than thirty(30)days of the date of the report by SUBRECIPIENT.
Failure by SUBRECIPIENT to take action specified in the monitoring report may be cause for
suspension or termination of this AGREEMENT,as provided in Section XII of this AGREEMENT.
In addition,SUBRECIPIENT shall give HUD, Inspectors General,the Comptroller General of the
United States,the CITY,and any of their duly authorized representatives,unobstructed and full access
to and the right to examine all books, accounts, records, reports,files,and other papers,things,or
property belonging to or in use by SUBRECIPIENT pertaining to this AGREEMENT.
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SECTION V
Payment Requests and Program Income
SUBRECIPIENT agrees to follow administrative directions from the CITY regarding documenting
and processing payment requests as defined in the Requests for Payments attached hereto as Exhibit E
(the"Requests for Payments")of this AGREEMENT.
SUBRECIPIENT shall submit a final reimbursement request to the CITY within 30 days prior to
the termination date of this AGREEMENT(30 days prior to September 30,2023).
SUBRECIPIENT and CITY agree that if applicable, program income generated from the use of
ESG-CV funds shall be retained by the SUBRECIPIENT. If the activity is partially assisted with ESG-CV
funds,the SUBRECIPIENT agrees to pro-rate the gross income to reflect the percent of ESG-CV funds
assisted in the activity.
SUBRECIPIENT is to provide to the CITY by the third Wednesday of each month an accounting
of program income outlined in the Records and Reports.The CITY is then required to report all ESG-CV
program income earned, retained,and expended.
SUBRECIPIENT shall be allowed to use program income for the same or similar eligible activities
that generated the program income. Failure of the SUBRECIPIENT to report program income as
required shall cause the CITY to require all program income to be recovered by the CITY.
SUBRECIPIENT and the CITY agree that all unused ESG-CV funds at the end or termination of
this AGREEMENT will be reallocated or reprogrammed by the CITY. Refer to Exhibit E for more detail.
SECTION VI
Matching Funds
SUBRECIPIENT must match zero percent(0%)the funds provided by the CITY with an equal
amount of funds from other appropriate resources in this AGREEMENT as set forth in 24 CFR§576.201.
Eligibility of matching fund sources shall be subject to review and approval by the CITY. Unless
specified on Exhibit L("CARES"Act)or notice to grant waivers of and specify alternative requirements
for statutes and regulations and administration in connection with the use of ESG-CV funds authorized
by HUD.
In the event the CITY determines that the SUBRECiPIENT'S match funds are not in compliance
with HUD regulations,policies,or directives,the CITY may, in its sole discretion,reduce the total
funding amount set forth in an amount proportionate to the ineligible match funds. The requirements
for matching ESG-CV funds are described in section 576.201 of the ESG-CV Interim Rule,and the
requirements for documenting matching contributions are described in section 24 CFR 576.500(0).
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SECTION VII
Lead Based Paint
Lead Based Paint regulations require that all owners,perspective owners,and tenants of
properties constructed prior to 1978 be properly noticed that such properties may contain lead-based
paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms,
treatment, and precautions that should be taken when dealing with lead-based paint poisoning.
Lead-based Paint Remediation and Disclosure. The SUBRECIPIENT must comply with the Lead-
Based Paint Poisoning Prevention Act(42 U.S.0 4821-4826),the Residential Lead-Based Paint Hazard
Reduction Act of 1992(42 U.S.C.4851-4856),and implementing regulations found at 24 CFR Part 35,
subparts A, B, H,J, K, M and R with regard to all shelters assisted under ESG-CV program and all
housing occupied by program participants.
SUBRECIPIENT may not use ESG-CV funds to help a program participant remain or move into
housing that does not meet the minimum habitability standards provided in 24 CFR§576.403 (b), (c),
(1-10). SUBRECIPIENT must complete a Lead-Based Paint visual assessment on all units being assisted
with ESG-CV funds by state certified lead-based paint health inspectors and must maintain in the
client's file documentation that said inspection passed and met all requirements as referenced above.
SECTION VIII
Religious Activities
SUBRECIPIENT and the CITY both agree that none of the funds expended or activities
undertaken shall be used in support of any sectarian or religious activity or religious holiday, nor shall
any building or structure funded under this AGREEMENT be used for sectarian or religious activities. If
an entity conducts these activities,the activities must be offered separately,in time or location,from
the programs or services funded under ESG-CV,and participation must be voluntary for program
participants as described in 24 CFR 576.406.
SECTION IX
Other Program Requirements
SUBRECIPIENT agrees to comply with"Other Federal Requirements"as listed in 24 CFR 576.407
except for those environmental review requirements listed as 24 CFR part 50 and initiation of review
process under the provisions of 24 CFR part 58. In general,the revisions to the section on"Other
Federal Requirements"clarify the degree to which certain requirements are applicable,remove certain
requirements that are redundant or moved elsewhere in the rule for improved organizational
purposes,and change certain requirements to correspond with changes in the McKinney-Vento Act or
other changes made by this interim rule. (Please see Exhibit F attached hereto and incorporated
herein for all purposes).
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SECTION X
Uniform Administrative Requirements
SUBRECIPIENT must comply with the requirements and standards implemented in 2 CFR Part
200, "Uniform Administrative Requirements,Cost Principles and Audit Requirements for Federal
Awards" and any subsequent amendments thereto. (Please see Exhibit G attached hereto and
incorporated herein for all purposes as guidance).
Audits shall be conducted annually.
SUBRECIPIENT shall comply with the provisions in 2 CFR Part 200 or the related ESG-CV
provisions,as specified in the Other Federal Requirements attached hereto as stated in Exhibit F(the
"Other Federal Requirements")and any subsequent amendments thereto.
SECTION XI
Audit Requirements
SUBRECIPIENT agrees to comply with the applicable requirements and standards as set forth in
2 CFR Part 200,Subpart F,Audit Requirements,and any subsequent amendments thereto. (Please see
Exhibit G attached hereto and incorporated herein for all purposes as guidance).
If SUBRECIPIENT expends less than Seven Hundred Fifty Thousand Dollars($750,000.00)a year
in federal awards,then they are exempt from the audit requirements implemented in 2 CFR part 200
for that year except as noted in 2 CFR§200.503;however,records must be available for review or audit
by appropriate officials of HUD,the CITY and the General Accountability Office.
However, if SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars($750,000.00)or
more in federal funds,SUBRECIPIENT must,within nine(9)months from the end of its fiscal year,
supply the CITY with an audit of revenues and expenditures conducted by a certified public accountant.
Grant funds may be forfeited if the SUBRECIPIENT fails to submit an audit within the allotted time.
SUBRECIPIENT agrees to furnish the CITY with a current Financial Management Letter(financial
statements)within six(6)months from the end of its fiscal year covering the period of this
AGREEMENT that includes detailed receipts and disbursement of payments to SUBRECIPIENT
hereunder. Grant funds may be forfeited if the SUBRECIPIENT fails to submit a Financial
Management Letter.
SUBRECIPIENT is required to submit a 990 Tax Return(Return of Organization Exempt from
Income Tax)for the most recent fiscal year within six(6)months if submitting a Financial Management
Letter or within nine(9)months if submitting a Financial Audit. If the SUBRECIPIENT is not classified as
exempt, the SUBRECIPIENT will not be awarded grant funds.
SUBRECIPIENT is required to submit 941 Employer's QUARTERLY Federal Tax Return reports.
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If applicable,SUBRECIPIENT agrees to cooperate with the CITY relating to any inquiries
regarding the Financial Audit or Financial Management Letter and SUBRECIPIENT acknowledges that a
Financial Audit or Financial Management Letter shall be provided to the CITY at the expense of the
SUBRECIPIENT.
Financial Audit or Financial Management Letter shall be available to the CITY staff,and any and
all applicable federal agencies,and be of unrestricted access,in accordance with 2 CFR 200.331 and 2
CFR 200.336.
SECTION XII
Suspension and Termination
SUBRECIPIENT understands that this AGREEMENT may be terminated,in accordance with 2
CFR 200.339, if the SUBRECIPIENT materially fails to comply with the provisions of this AGREEMENT or
the provisions so listed in the Statement of Work attached hereto as Exhibit A(the"Statement of
Work"),the Grant Budget attached hereto as Exhibit B-1(the"Grant Budget),the Payment Schedule
attached hereto as Exhibit B-2(the"Payment Schedule),the Schedule of Activity attached hereto as
Exhibit C(the"Schedule of Activity"),the Records& Reports attached hereto as Exhibit D(the
"Records& Reports"),the Request for Payments attached hereto as Exhibit E(the"Request for
Payments"), Other Applicable Provisions attached hereto as Exhibit F(the"Other Federal
Requirements"), and 2 CFR part 200. Further,SUBRECIPIENT understands that all remedies for non-
compliance pursuant to 2 CFR 200.338 may be utilized if the requirements of this AGREEMENT are not
followed.
CITY may also terminate this Agreement at any time for convenience and SUBRECIPIENT shall
immediately cease all activity and work under this AGREEMENT and CITY will reimburse SUBRECIPIENT
only for such work as was authorized by this AGREEMENT prior to SUBRECIPIENT's receipt of written
notice of the City's notice to terminate this AGREEMENT for convenience. Written notice to terminate
this AGREEMENT may be delivered by email and will constitute notice in writing.
SUBRECIPIENT agrees to follow all the requirements under 24 CFR 576.402 when terminating
assistance on a program participant. If a program participant violates program requirements,the
recipient or SUBRECIPIENT may terminate the assistance in accordance with a formal process
established by the recipient or SUBRECIPIENT that recognizes the rights of the individuals affected.
SUBRECIPIENT must document the determination of ineligibility for each individual or family
determined ineligible as required in 24 CFR 576.500. The record must include documentation of the
reason for that determination.
It is expressly agreed that this AGREEMENT may not be amended except upon the joint action
of both the CITY and SUBRECIPIENT.
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SECTION XIII
Assets
SUBRECIPIENT shall not purchase any equipment, building materials,supplies or other property
or assets for the Project funded by this AGREEMENT unless prior written approval is provided by the
CITY and such procurement shall be done in the form and manner so prescribed by the CITY and HUD.
Any asset acquired or improved in part or in whole with ESG-CV funds must be used in an
activity that meets one of the national objectives listed in 24 CFR Part 91 and 576.
The disposition of any asset improved or acquired in part or in whole with ESG-CV funds by the
SUBRECIPIENT must be done with prior written approval of the CITY and the CITY shall be reimbursed
for the asset,if sold,in the full amount of the disposed value of the asset. The CITY may,at its option,
request that such asset be transferred to the CITY if the asset is no longer being used to meet one of
the national objectives or in any case where the SUBRECIPIENT no longer provides services shown on
the Statement of Work.
SECTION XIV
INDEMNITY CLAUSE&INSURANCE PROVISIONS
(A) SUBRECIPIENT AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS
CHRISTI AND ITS OFFICERS,EMPLOYEES ANDAGENTS("INDEMNITEES")FROMANDAGAINSTANYAND
ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE
WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS'
COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR
DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS'FEES AND EXPERT
WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS
AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT,REGARDLESS OF WHETHER THE INJURIES,
DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR
CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF
INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON.SUBRECIPIENT MUST,AT ITS OWN
EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER
DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY
ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY
KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS.
THE INDEMNIFICATION OBLIGATIONS OF SUBRECIPIENT UNDER THIS SECTION SHALL SURVIVE THE
EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
(B) These terms of indemnification are effective upon the date of execution of this AGREEMENT
and whether such injury or damage may result from the contributory negligence or concurrent
negligence of Indemnitees, but not if such injury or damage may result from the sole negligence or
willful misconduct of Indemnitees.
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(C) SUBRECIPIENT covenants and agrees that,in case the CITY is made a party to any litigation
against SUBRECIPIENT or in any litigation commenced by any party other than the SUBRECIPIENT
relating to this AGREEMENT,the SUBRECIPIENT shall,upon receipt of reasonable notice regarding
commencement of litigation and at its own expense,investigate all claims and demands,attend to
their settlement or other disposition,defend the CITY and Indemnitees In all actions based thereon
with legal counsel satisfactory to the City Attorney,and pay all charges of attorneys and all other
costs and expenses of any kind whatsoever arising from any sold claims,demands,actions,
damages,losses,costs,liabilities,expenses,or judgments.
(D) The indemnification provisions of this section survive the termination or expiration of this
AGREEMENT.
XV.
INSURANCE REQUIREMENTS
SUBRECIPIENT shall have in force, throughout the term of this AGREEMENT, insurance that
complies with the standards in Exhibit H, a copy of which is attached to this AGREEMENT and
incorporated in this AGREEMENT by reference. A certificate evidencing the SUBRECIPIENT'S provision
of insurance must be provided to the City's Risk Manager("Risk Manager")and the CITY at least ten(10)
days prior to any expenditures of ESG-CV funds by the SUBRECIPIENT. Failure to maintain any of the
types and limits of the insurance required by Exhibit H is cause for the City Manager to terminate this
AGREEMENT and cancel any and all reimbursements of ESG-CV funds to the SUBRECIPIENT.
SUBRECIPIENT shall require its insurance companies,written policies,and certificates of insurance
to provide that the City must be given thirty(30)days advance notice by the insurer prior to
cancellation, nonrenewal,or material change of the insurance policies required by Exhibit H.
CiTY'S Risk Manager retains the right to re-evaluate the insurance requirements during the term
of this AGREEMENT and adjust the types and limits of such insurance upon thirty(30)days written
notice to SUBRECIPIENT. Insurance types and limits may not be adjusted more frequently than once a
year.
SECTION XVI
Procurement
SUBRECIPIENT agrees to follow the statues and rules governing the CITY in the procurement of
services,supplies or non-real property in relation to CITY-funded projects. The legal standards that will
apply include the procurement standards of the City of Corpus Christi,which includes procurement
standards established by 2 CFR part 200.
SUBRECIPIENT must comply with ESG-CV applicable requirements covered in this AGREEMENT.
Procurement by the SUBRECIPIENT must follow a written code of conduct and establish procurement
procedures that provide an open and free competition in accordance with 2 CFR part 200.
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SUBRECIPIENT shall comply with current ESG-CV policy and 2 CFR part 200,concerning the
purchase of equipment and shall maintain inventory records of all non-expended personnel property
as defined by such policy as may be procured with funds provided herein.
SECTION XVII
Conflict of Interest
SUBRECIPIENT covenants that members of its organization or staff members who exercise
influence on the decision-making process will not have any interest,direct or indirect,with any person,
corporation,company or association that is hired to carry out any of the activities so listed in the
Statement of Work(Exhibit A),24 CFR Part 576.404,and 2 CFR part 200.
SUBRECIPIENT agrees that no person who is an elected official,officer,director,employee,
consultant, or agent of the SUBRECIPIENT's organization or the CITY's organization shall gain any
interest in any corporation, company,or association that is hired to carry out any of the activities so
listed in Statement of Work during their tenure or for a period of one year thereafter.
SUBRECIPIENT agrees to comply with Chapter 176 of the Texas Local Government Code and file
Form CIQ with the City Secretary's Office, if required. For more information and to determine if you
need to file a Form CIQ please review the information on the City Secretary's website at
htt www.cctexas.com de artments cit - ecretar conflict-disclosure .
SUBRECIPIENT is responsible for repayment of funds associated with any conflict of interest
that may occur either knowingly or unknowingly.
No CITY employee,elected official,consultant and/or agent shall solicit nor accept gratuities,
favors,or anything of monetary value from any person,corporation,company,or association that has
been hired or expects to be hired to perform any of the activities so described in the Statement of
Work.
In compliance with Section 2-349 of the City's Code of Ordinances,the SUBRECIPIENT shall
complete the City's Disclosure of Interests form,which is attached to this AGREEMENT as Exhibit I,the
contents of which,as a completed form,are incorporated in this document by reference as if fully set
out in this AGREEMENT.
SECTION XVIII
Participation in HMIS and Coordinated Access System
SUBRECIPIENT agrees that projects receiving funding under Emergency Solutions Grants("ESG-CV")
program will participate in the Homeless Management Information System(HMIS). Section 416(f)of
the McKinney-Vento Act and HEARTH Act(24 CFR Part 580)requires that projects receiving funding
under Emergency Solutions Grant(ESG-CV)program participate in HMIS pursuant to 24 CFR 576.107.
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SUBRECIPIENT must ensure that data on all persons served,and all activities assisted under
ESG-CV are entered into the applicable community-wide HMIS in the area in which those persons and
activities are located,or a comparable database,in accordance with HUD's standards on participation,
data collection,and reporting under a local HMIS.
If SUBRECIPIENT is a victim service provider or a legal services provider, it may use a
comparable database that collects client-level data over time(i.e., longitudinal data)and generates
unduplicated aggregate reports based on the data. Information entered into a comparable database
must not be entered directly into or provide to an HMIS.
SUBRECIPIENT must report all client statistical data using the Sage HMIS Reporting Repository
for CAPER submission. SUBRECIPIENT MUST ensure that all client data is entered into Sage and
produce the statistical information required by HUD on program participants served with ESG-CV
funds. SUBRECIPIENT will provide City their final statistical report no later than October.M 2023.
SUBRECIPIENT shall work with the Continuum of Care to ensure the screening,assessment and
referral of program participants are consistent with the written standards required by the CITY. A
victim service provider may choose not to use the Continuum of Care's centralized or coordinated
assessment system as set forth in 24 CFR§576.400(d).
SUBRECIPIENT shall coordinate and integrate,to the maximum extent practicable, ESG-CV
funded activities with other programs targeted to homeless people in the area covered by the
Continuum of Care or area over which the services are coordinated to provide a strategic,community-
wide system to prevent and end homelessness for the area as set forth at 24 CFR§576.400(b).
System and Program Coordination with Mainstream Resources. SUBRECIPIENT must
coordinate and integrate,to the maximum extent practicable, ESG-CV funded activities with
mainstream housing, health,social services,employment,education,and youth programs for which
families and individuals at risk of homelessness and homeless individuals and families may be eligible
as set forth in 24 CFR§576.400(c).
Participation of Homeless Persons in Policy-Making and Operations,The SUBRECIPIENT
understands they are required by federal rule to provide for the participation of at least one homeless
or formerly homeless person(s)in a policy-making function within the organization as required in 24
CFR§576.405.This might include,for example, involvement of a homeless or formerly homeless
person on the Board of Directors or similar City that considers and sets policy or makes decisions for
the recipient agency.
If SUBRECIPIENT is unable to meet requirement, it must instead develop and implement a plan
to consult with homeless or formerly homeless individuals in considering and making policies and
decisions regarding any facilities, services,or other assistance that receive funding under Emergency
Solutions Grant(ESG-CV).The plan must be included in the annual action plan required under 24
CFR 91.220.
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SUBRECIPIENT also agrees that to the maximum extent practicable,they will involve,through
employment,volunteer services,or otherwise, homeless individuals and families in constructing,
renovating, maintaining,and operating facilities assisted under this AGREEMENT and in providing
services for occupants of facilities assisted under this AGREEMENT as listed in 24 CFR§576.405 in
accordance with 42 U.S.C.11375(c) (7)and 42 U.S.C. 11375(d).
SECTION XIX
Legal Action and Venue
SUBRECIPIENT agrees to notify the CITY when a problem arises that may lead to legal action or
claim against the SUBRECIPIENT.The SUBRECIPIENT agrees to furnish to the CITY any and all
information with respect to such action or claim.The SUBRECIPIENT agrees not to take any action with
respect to any legal action or claim sought against the SUBRECIPIENT without the advice and written
consent of the CITY.
Venue and jurisdiction of any suit,right or cause of action arising under or in connection with
this AGREEMENT shall lie exclusively in Corpus Christi,Nueces County,Texas,where this AGREEMENT
was entered into and must be performed.
SECTION XX
Miscellaneous Provisions
(A) Conflict with Applicable Law. Nothing in this AGREEMENT shall be construed so as to require
the commission of any act contrary to law,and whenever there is any conflict between any provision
of this AGREEMENT and any present or future law,ordinance or administrative,executive or judicial
regulation,order or decree,or amendment thereof,contrary to which the parties have no legal right to
contract,the latter shall prevail,but in such event the affected provision or provisions of this
AGREEMENT shall be modified only to the extent necessary to bring them within the legal
requirements and only during the time such conflict exists.
UB Savings Clause. If,for any reason,any section, paragraph,subdivision,clause,phrase,word,or
provision of this AGREEMENT is held invalid or unconstitutional by final judgment of a court of
competent jurisdiction, it shall not affect any other section, paragraph,subdivision,clause,phrase,
word,or provision of this AGREEMENT,for it is the definite intent of the parties to this AGREEMENT
that every section, paragraph,subdivision,clause, phrase,word,and provision of this AGREEMENT be
given full force and effect for its purpose.
U No Waiver. No waiver by CITY of any breach of any provision of this AGREEMENT shall be
deemed to be a waiver of any preceding or succeeding breach of the same or any other provision
hereof. Unless specified on Exhibit L("CARES"Act)or notice to grant waivers of and specify alternative
requirements for statutes and regulations and administration in connection with the use of E5G-CV
funds authorized by HUD.
FY19 ESG-CV The Salvation Army Agreement-Gymnasium
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(D) Entire Agreement. This AGREEMENT contains the entire contract between the parties hereto,
and each party acknowledges that neither has made(either directly or through any agent or
representative)any representations or agreements in connection with this AGREEMENT not
specifically set forth herein. This AGREEMENT may be modified or amended only by agreement in
writing executed by CITY and SUBRECIPIENT,and not otherwise.
(E) Texas Law to Apply. THIS AGREEMENT SHALL BE CONSTRUED UNDER AND IN ACCORDANCE
WITH THE LAWS OF THE STATE OF TEXAS,AND ALL OBLIGATIONS OF THE PARTIES CREATED
HEREUNDER ARE PERFORMABLE IN NUECES COUNTY,TEXAS. THIE PARTIES HEREBY CONSENT TO
PERSONAL JURISDICTION IN NUECES COUNTY,TEXAS.
IF1 Notice. Except as may be otherwise specifically provided in this AGREEMENT,all notices,
demands,requests or communications required or permitted hereunder shall be in writing and shall
either be (i)personally delivered against a written receipt, or(ii)sent by electronic mail,or(iii)sent by
registered or certified mail, return receipt requested,postage prepaid and addressed to the parties at
the addresses set forth below,or(iv)sent by facsimile or at such other addresses as may have been
theretofore specified by written notice delivered in accordance herewith:
If to CITY: If to SUBRECIPIENT:
City of Corpus Christi The Salvation Army of the Coastal Bend
Attn: Linda Stewart, Director Attn: Maj. Russell Czajkowski,
Neighborhood Services Department Commanding Officer
1201 Leopard Street,2nd Floor 1802 Buford St
Corpus Christi,Texas 78401 Corpus Christi,TX 78404
Phone: (361)826-3862 Phone: (361)884-9497
Fax: (361)826-3005 Fax: (361)884-7522
Email: Lind aS20cctexas.com Email: russell.czaikowski@uss.salvationarmv.org
Each notice, demand, request or communication which shall be delivered or mailed in the manner
described above shall be deemed sufficiently given for all purposes at such time as it is personally
delivered to the addressee or,if mailed, at such time as it is deposited in the Unites States mail.
(G) Certificate of Interested Parties(Exhibit J). SUBRECIPIENT agrees to comply with Texas
Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part
of this AGREEMENT.
Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/filinginfo/1295/. The form must then be printed,signed, notarized and
filed with the City. For more information, please review the Texas Ethics Commission Rules at
https:/hvwxv.etliics.state.tx.us/filinginfo/1295/. (Your web browser must beat a minimum browser
level: Chrome 4, Firefox 15, Internet Explorer 9, Opera 12.1, or Safari 4.)
FY19 ESG-CV The Salvation Army Agreement-Gymnasium
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(H) Copies of Rules and Regulations. Copies of some of the rules and regulations referenced in this
AGREEMENT have been provided to the SUBRECIPIENT as evidenced by the SUBRECIPIEWS ESG-CV
Compliance Affidavit,which is attached to this AGREEMENT as Exhibit K and is incorporated into this
AGREEMENT by reference. Any failure by the CITY to supply the SUBRECIPIENT with any other
applicable laws,regulations, ordinances,rules,or policies not stated in Exhibit K does not waive the
SUBRECIPIENT'S compliance there-with as required by law.
(1) Additional Documents. The parties hereto covenant and agree that they will execute such
other and further instruments and documents as are or may become necessary or convenient to
effectuate and carry out the terms of this AGREEMENT.
(J) Successors. This AGREEMENT shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs,executors,administrators, legal representatives,successors,and
assigns where permitted by this AGREEMENT.
(K) Assignment. This AGREEMENT shall not be assignable by SUBRECIPIENT. The CITY may assign
this AGREEMENT without the consent of SUBRECIPIENT.
(L) Headings. The headings and captions contained in this AGREEMENT are solely for convenient
reference and shall not be deemed to affect the meaning or interpretation of any provision or
paragraph hereof.
(M) Gender and Number. All pronouns used in this AGREEMENT shall include the other gender,
whether used in the masculine,feminine or neuter gender,and the singular shall include the plural
whenever and as often as may be appropriate.
(N) Authority to Execute. The execution and performance of this AGREEMENT by the CITY and
SUBRECIPIENT have been duly authorized by all necessary laws,resolutions or corporate action,and
this AGREEMENT constitutes the valid and enforceable obligations of the CITY and SUBRECIPIENT in
accordance with its terms.
SECTION XXI
Effective Date
The effective date of this AGREEMENT shall be such date being
the date the authorized representative of the City of Corpus Christi executed this AGREEMENT with
SUBRECIPIENT, and the AGREEMENT shall terminate on the 30th day of September 2023 unless
terminated earlier as provided in Section X11 of this AGREEMENT.
[SIGNATURE PAGE TO FOLLOW]
FY19 ESG-CV The Salvation Army Agreement-Gymnasium
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ATTEST: CITY OF CORPUS CHRISTI,TEXAS
,-DocuSigned by: cDocuSigned by:
Rebeooa34eitierta.. Linelsr,StewartpDirector
Secretary Neighborhood ServiceseDepartment
A sagas to form: Authorized By
K,uat McIG Council P- " -
f `c, Assistant City Attorney 1�-Y�rQa(1�� >(1_,`*/ 6
ATTEST: THE SALVATION ARMY,a Georgia Corporation
for THE SALVATION ARMY OF THE COASTAL
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(Corporate Seal) SECRETARY Name Mdf,.3wyeA
Title: ASSISTANT TRFncURER
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FY19 ESG-CV The Salvation Army Agreement-Gymnasium
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EXHIBIT A
STATEMENT OF WORK
This Statement of Work is issued by SUBRECIPIENT with the objective of providing urgent
housing and related needs,as described below. (PLFASECHECKand 1NITML ALL THATAPPLY)
/6576.102 Emergency Shelter Component
ESG Funds may be used for costs of providing services to homeless families and
individuals in emergency shelters. Funds may be used for renovating the shelter and
operating the emergency shelter. This activity is subject to the expenditure limit as set
out In§576.100(b). These services are designed to increase the quantity and quality of
temporary shelters provided to homeless people,through the renovation of existing
shelters or conversion of buildings to shelters,paying for the operating costs of shelters,
and providing essential services,as set out in 24 CFR 576.102
❑ §576.103 Homeless Prevention Component
ESG funds may be used to provide housing relocation and stabilization services and
short-and/or medium-term rental assistance necessary to prevent an individual or
family from moving into an emergency shelter or another place described in paragraph
(1)of the"homeless"definition in§576.2.This assistance,referred to as homelessness
prevention,may be provided to individuals and families who meet the criteria under the
"at risk of homelessness"definition,or who meet the criteria in paragraph(2),(3),or(4)
of the"homeless"definition in§576.2 and have an annual income below 30 percent of
median family income for the area,as determined by HUD.The costs of homelessness
prevention are only eligible to the extent that the assistance is necessary to help
the program participant regain stability In the program participant's current permanent
housing or move into other permanent housing and achieve stability in that housing.
Homelessness prevention must be provided in accordance with the housing relocation
and stabilization services requirements in§576.105,the short-term and medium-term
rental assistance requirements in§576.106,and the written standards and procedures
established under 24 CFR 576.400. These services are designed to prevent an individual
or family from moving into an emergency shelter or living in a public or private place not
meant for human through housing relocation and stabilization services and short-
and/or medium-term rental assistance,as set out in 24 CFR 576.103
❑ §576.104 Rapid Re-housing Assistance Component
ESG funds may be used to provide housing relocation and stabilization services and
short-and/or medium-term rental assistance as necessary to help a homeless Individual
or family move as quickly as possible into permanent housing and achieve stability in
that housing.This assistance, referred to as rapid re-housing assistance,may be
provided to program participants
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EXHIBIT A(coned.)
who meet the criteria under paragraph (1)of the"homeless"definition in§576.2 or
who meet the criteria under paragraph(4)of the"homeless"definition and live in
an emergency shelter or other place described in paragraph(1)of the"homeless"
definition.The rapid re-housing assistance must be provided in accordance with the
housing relocation and stabilization services requirements in§576.105,the short-and
medium-term rental assistance requirements in§576.106,and the written standards
and procedures established under§576.400. These services are designed to move
homeless people quickly to permanent housing through housing relocation and
stabilization services and short-and/or medium-term rental assistance,as set out in 24
CFR 576.104
The following table identifies the projected target populations to be provided services,
and which services anticipated to be provided to them.
PROJECTED TARGET POPULATION
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EENtGENY kHLLIE
> Essential Services 150 200 0 0
> Renovation 'Rehab
> Assistance Under URA 1970
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> Rental Assistance
> Other Financial Assistance
> Services Casts
HQMftg_SSN0S P E' EN N(for I ouseholds In which the total Income does not exceed the HUD 30%
AM'i
> Rental Assistance
> Other Financial Assistance
> Services Costs
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EXHIBIT B-1
Grant Budget
As identified through the Statement of Work
Housing relocation and stabilization services
ESG funds may be used to pay housing owners,utility companies,and other third parties for
the following costs.
Financial Assistance**
Formula/irequirements Project Formulas Total ESG Request
Rental application
fees
Security Deposit Less than value of two
months of rent
Last month's rent Value of one month; EX: 2 mos rent x EX:$10,000
counts toward 24-month $500 ave FMR x 10
maximum HH
Utility deposits Must be standard
Utility payments Up to six months of
(gas,electric,water, arrears—24-month total
sewage)
Moving costs Truck rental,movers,
storage for 3 mos.
Services costs
Housing search and EX:0.5 FTE @
placement $4S,000 including
benefits
Housing stability
case management
Mediation
Legal services
Credit repair
Total Request $
**Financial assistance cannot be provided to program participants who are receiving the
same type of assistance through other public sources(see S76.10S for more details)
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EXHIBIT B-1(contd.)
Projected Rental Assistance
Short-term and medium-term rental assistance*
ESG funds may be used to pay for up to 24 months of rental assistance during any 3-year
period Rent cannot exceed FMR and must meet rent reasonableness standards,subject to
change.
Tenant-basad rental assistance
Unit Size #Units #Months FY 2022 ' Total
FMR** Requested
Studio/Efficiency $822
1-bedroom $909
2-bedroom $1,11$
3-bedroom
Project-based rental assistance
Studio/Efficiency $822
1-bedroom _._...._.
$909
2-bedroom $1,118
3-bedroom -
............. _ ......__ $1,474.
Total Request
SUBRECIPIENT must complete a Lead-Based Paintvisual
* visu p .. _.al assessment on all units being
assisted with ESG funds by state certified lead-based paint health inspectors and must maintain
in the client's file documentation that said inspection passed and met all requirements as
referenced in Section VN of this Agreement.
**FMR amounts based on FY2022 FMR Guidelines.
ESG FY2022 Proposed Activity
Eligible Activity
(add rows if ESG Amount Match Amount Match Source Budget Total
necessary)
__......_......_.... _._.. .._.. ...--------.
Emergency $1,144,611.54 $.00 NJA $1,144,611.54
Shelter
Homeless
Prevention
.... -- - ------
Rapid Re-
Housing
Totals $1,144,611.54 LO 0 $1.,144,61.1.54$
_.�...._ _ _._. _.._.. ....,
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EXHIBIT B-1(contd.)
Projected Rental Assistance
Short-term and medium-term rental assistance*
ESG funds may be used to pay for up to 24 months of rental assistance during any 3-year
period. Rent cannot exceed FMR and must meet rent reasonableness standards,subject to
change.
Tenant-based rental assistance
Unit Size #Units #Months
FY 2022 Total
FMR** Requested
Studio/Efficiency $822
1-bedroom $909
2-bedroom $1,118
.._
3-bedroom $1,474
Project-based rental assistance
Studio/Efficiency $822
1-bedroom $909
2-bedroom $1,118
3-bedroom $1,474
Total Request
*SUBRECIPIENT must complete a Lead-Based Paint visual assessment on all units being
assisted with ESG funds by state certified lead-based paint health inspectors and must maintain
in the client's file documentation that said inspection passed and met all requirements as
referenced in Section V11 of this Agreement.
**FMR amounts based on FY2022 FMR Guidelines.
ESG FY2022 Proposed Activity
Eligible Activity
(add rows if ESG Amount Match Amount Match Source Budget Total
necessary)
Emergency $1,144,611.54 $.00 N/A $1,144,611.54
Shelter
Homeless
Prevention
Rapid Re-
Housing
Totals $1,144,611.54 10 10 1 $1,144,611.54$
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EXHIBIT B-2
PAYMENT SCHEDULE
Ks
October Eer �hYtt+�i i/�o, e
October $
2022
November
2022
December $
2022
January
2023
February $143,076.443 $143,076.443
2023
March $143,076.443 $143,076.443
2023
$143,076.443 $143,076.443
April 2023
...._ �.... �� ...... .......__._ .._.._wwwww_. �.�...._ ..._._www
$143,076.443 $143,076.443
May 2023
$143,076.443 �.. ._.
$143,076,443
June 2023
$143,076.443 $143,0.....
76.443
July 2023
443076
43
$1 , .
August $143,076.443
2023
September $143,076.443 $143,076.443
2023
TOTALS $1,?144,611.54 $ 1,144,6 .1.54
NOTE. Payment requests must be submitted monthly by the 15t� If no payment request will
be submitted by the 15th of any given month,Agency MUST notify CITY.
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EXHIBIT C
Schedule of Activity
SUBRECIPIENT hereby agrees to perform services as outlined in Exhibit A.
A proposed monthly schedule of activity should be provided in this space. Schedule should not
exceed SUBRECIPIENT contract time frame of 12 months from contract date.
2'2; "Z02,3 Nmbel`refirri $
Fb the Months of.,. N ertet c awrl
October 2022
November 2022
December 2022
January 2023
February 2023 25 Emergency Shelter
March 2023 25 Emergency Shelter
April 2023 25 Emergency Shelter
May 2023 25 Emergency Shelter
June 2023 25 Emergency Shelter
July 2023 25 Emergency Shelter
August 2023 25 Emergency Shelter
September 2023 1 25 Emergency Shelter
7nduplicated 200 Emergency Shelter
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EXHIBIT D
RECORDS&REPORTS
SUBRECIPIENT must maintain all records and reports submitted to the City for a period of five
years.
Period of record retention. All records pertaining to each fiscal year of ESG funds must be
retained for the greater of 5 years from final ESG payment, or the period specified below.Copies made
by microfilming,photocopying,or similar methods may be substituted for the original records.
(1) Documentation of each program participant's qualification as a family or individual at risk of
homelessness or as a homeless family or individual and other program participant records
must be retained for 5 years after the expenditure of all funds from the grant under,which
the program participant was served;
(2) Where ESG funds are used for the renovation of an emergency shelter involves costs
charged to the ESG grant that exceed 75 percent of the value of the building before
renovation,records must be retained until 10 years after the date that ESG funds are first
obligated for the renovation;and
(3) Where ESG funds are used to convert a building into an emergency shelter and the costs
charged to the ESG grant for the conversion exceed 75 percent of the value of the building
after conversion, records must be retained until 10 years after the date that ESG funds are
first obligated for the conversion.
SUBRECIPIENT must participate in the Housing Inventory Count(HIC)and the Point-In-Time(PIT)
data collection.
SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG
are entered into the applicable community-wide HMIS in the area in which those persons and activities
are located,or a comparable database,in accordance with HUD's standards on participation,data
collection,and reporting under a local HMIS.
If the SUBRECIPIENT is a victim service provider or a legal services provider,it may use a
comparable database that collects client-level data over time(i.e., longitudinal data)and generates
unduplicated aggregate reports based on the data. Information entered into a comparable database
must not be entered directly into or provided to an HMIS.
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EXHIBIT E
REQUEST FOR PAYMENTS
A. Matching Funds 24 CFR 576 requires that each grantee and/or SUBRECIPIENT must match the
funding provided by HUD under 24 CFR 576 with an equal amount of funds from sources other than
under Part 576.SUBRECIPIENT must include documentation to support source of match,with each
request for payment, be with either cash,volunteer time,in-kind,office space,or donations. Failure to
submit match source documentation,will be cause for City to refuse payment request. Please refer
to matching requirements for more information. The requirements for matching ESG funds are
described in section 576.201 of the ESG Interim Rule, and the requirements for documenting matching
contributions are described in section 576.500(0).
B. Insurance.SUBRECIPIENT must submit copy of a current Certificate of Insurance at least ten(10)
days prior to any expenditure of ESG funds by the SUBRECIPIENT. Certificate of Insurance must cover
the period of funding agreement,and meet all requirements stated in Section XV and Exhibit H of this
AGREEMENT. Failure to timely submit Certificate of Insurance will be cause for CITY to refuse
payment request.
C. Payment Request Checklist: For Each payment reimbursement, please provide the following:
• Signed cover letter summarizing the reimbursement for each funded activity
Detailed Summary of Costs Breakdown
• Copies of Invoices and/or receipts
• Copies of cancelled checks responding to invoices and/or receipts
• Other Supporting Documents as requested by CITY
NO Payment requests must be submitted to the CITY by the 151h of each month. ESG funds may
be recaptured by the CITY if SUBRECIPIENT falls to expend funds timely and future funding requests
may be affected.
1. SUBRECIPIENT must submit a complete monthly reimbursement requests as approved on the
Schedule of Payment hereto attached as Exhibit B-2(the"Schedule of Payment")due on or
before the 15th of each month.
2. SUBRECIPIENT must inform the CITY in writing if the reimbursement request will not be
submitted by the due date.
3. The CITY will return incorrect and/or incomplete reimbursement requests to SUBRECIPIENT as
soon as possible and note which corrections need to be made or additional documents needed.
Please note that this may delay payment reimbursement.
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EXHIBIT E(contd.)
4. SUBRECIPIENT must resubmit a Payment Request Cover Letter with revised or additional
documentation as requested by the CITY, no later than 5 days from notification by the CITY.
5. SUBRECIPIENT must submit FINAL reimbursement request to the CITY 30 days prior to
expiration date of AGREEMENT.
6. SUBRECIPIENT must submit all required documentation as stated on the City Reimbursement
Checklist.
7. Should the SUBRECIPIENT fail to comply with timely submittals of monthly reimbursement
requests the CITY may consider termination of the SUBRECIPIENT AGREEMENT as per Section
XII"Suspension and Termination."
8. All reimbursement requests and reports submitted to the CITY must be originals signed with
blue ink. Documentation must be neatly organized per the Summary of Costs Breakdown
provided with each reimbursement request and documents must be legible.
9. Reimbursement requests maybe sent via e-mail in pdf format(color).
10. Reimbursement requests are processed by the CITY on a first come first serve basis,providing
all support documentation is submitted.
11.Payments to SUBRECIPIENT will be mailed, unless SUBRECIPIENT notifies the CITY in writing the
name of individual who will be authorized to pick up checks.
12.Checks will be available 30 days from the date the reimbursement request is submitted the
CITY providing all required documentation has been submitted to the CITY.
13.Checks may be delayed if required documentation is not provided to the CITY.
14.As per Section IV of this AGREEMENT,the CITY Monitoring Division will conduct on-site
monitoring visits to ensure compliance with applicable Federal requirements-are being met for
ESG funds expended.
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EXHIBIT F
Other Federal Requirements
24 CFR 576.407
(a) General.The requirements in 24 CFR part 5,subpart A are applicable, including the
nondiscrimination and equal opportunity requirements at 24 CFR 5.10S(a).Section 3 of the Housing
and Urban Development Act of 1968, 12 U.S.C. 1701u,and implementing regulations at 24 CFR part
135 apply,except that homeless individuals have priority over other Section 3 residents in accordance
with §576.405(c).
(b)Affirmative outreach. The recipient or SUBRECIPIENT must make known that use of the facilities,
assistance, and services are available to all on a nondiscriminatory basis. If it is unlikely that the
procedures that the recipient or SUBRECIPIENT intends to use to make known the availability of the
facilities,assistance,and services will to reach persons of any particular race,color, religion,sex,age,
national origin,familial status,or disability who may qualify for those facilities and services,the
recipient or SUBRECIPIENT must establish additional procedures that ensure that those persons are
made aware of the facilities,assistance, and services.The recipient and its SUBRECIPIENT must take
appropriate steps to ensure effective communication with persons with disabilities including,but not
limited to,adopting procedures that will make available to interested persons information concerning
the location of assistance,services,and facilities that are accessible to persons with disabilities.
Consistent with Title VI and Executive Order 13166, recipients and SUBRECIPIENT are also required to
take reasonable steps to ensure meaningful access to programs and activities for limited English
proficiency(LEP)persons.
(c) Uniform Requirements. The requirements of 2 CFR Part 200 apply to the recipient and
SUBRECIPIENT,and:
(1) Program income may be used as matching contributions,subject to the requirements in
§576.201;
(2) The disposition of real property for which ESG funds are used for major rehabilitation,
conversion, or other renovation under§576.102 is governed by the minimum period of use
requirements under§576.102(c).
(d)Environmental review responsibilities. (1)Activities under this part are subject to environmental
review by HUD under 24 CFR part 50.The recipient shall supply all available,relevant information
necessary for HUD to perform for each property any environmental review required by 24 CFR part 50.
The recipient also shall carry out mitigating measures required by HUD or select alternate eligible
property. HUD may eliminate from consideration any application that would require an Environmental
Impact Statement(EIS). (2)The recipient or SUBRECIPIENT,or any contractor of the recipient or
SUBRECIPIENT, may not acquire, rehabilitate,convert, lease, repair,dispose of,demolish,or construct
property for a project under this part, or commit or expend HUD or local funds for eligible activities
under this part, until HUD has performed an environmental review under 24 CFR part 50 and the
recipient has received HUD approval of the property.
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EXHIBIT F(Contd.)
(e)Davis-Bacon Act.The provisions of the Davis-Bacon Act(40 U.S.C.276a to 276a-S)do not apply to
the ESG program.
(f) Procurement of Recovered Materials. The recipient and its contractors must comply with Section
6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act.The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency(EPA)at 40 CFR part 247 that contain the highest percentage of
recovered materials practicable,consistent with maintaining a satisfactory level of competition,where
the purchase price of the item exceeds$10,000 or the value of the quantity acquired by the preceding
fiscal year exceeded$10,000;procuring solid waste management services in a manner that maximizes
energy and resource recovery,and establishing an affirmative procurement program for procurement
of recovered materials identified in the EPA guidelines.
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EXHIBIT G
2 CFR Part 200
FINAL GUIDANCE PUBLISHED BY THE MANAGEMENT AND BUDGET(OMB)OFFICE ON 12/26/2013
EFFECTIVE DECEMBER 26,2014.
AUDITS,ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES OF STATES,LOCAL
GOVERNMENTS,AND NON-PROFIT ORGANIZATIONS
2 CFR Part 200-Uniform Administrative Requirements,Cost Principles,and Audit Requirements for
Federal Awards, Final Guidance supersedes,consolidates eight(8)grant related circulars into a
uniform regulation applicable to all grant recipients.
A-21 A-110
A-87 A-122
A-89 A-133
A-102 A-50
To view Notice SD-2015-01 Issued by the U.S. Department of Housing and Urban Development,
please visit the following link:
www,hudexchan e.ilfw resures documents notice-DC-2015.0 l-"I""ransition-12-2-CFR-Par -200-
G�lidance. f
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EXHIBIT
INSURANCE REQUIREMENTS
I. 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 $2,200,000 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 fumish the Risk Manager
with copies of all reports of any accidents within 10 days of the accident.
II. 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 frill 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
B. 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 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.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this contract.
2023 Insurance Requirements
Ins. Req. Exhibit
Professional Services—Crime-Employee Dishonesty
01/19/2023 Risk Management—Legal Dept.
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EXHIBIT I
CITY OF CORPUS CHRISTI-DISCLOSURE OF INTERESTS
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 11-general Information.
COMPANY NAME: The Salvation Army
P.O.BOX:
STREET ADDRESS: 1804 Buford St. CITY: Corpus Christi 21P: 78404
FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Me Owner F14. Association S. Other
DISCLOSURE QUESTIONS
If additional space is necessary,please use the reverse side of this page or attach 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)
None
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
None
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
None
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EXHIBIT I(Coned.)
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
None
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will
confer an economic benefit on any City official or employee that is distinguishable from the
effect that the action will have on members of the public in general or a substantial segment
thereof,you shall disclose that fact in a signed writing official or employee in the matter is
apparent. The disclosure shall also be made in a signed writing filed with the City Secretary.
[Ethics Ordinance Section 2-349(d)]
CERTIFICATION
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: Major Russell Czajkowskl Title: Commanding Officer
(Type or Print)
Signature of Certifying Date:
Person:
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by
the City Couricil of the City of Corpus Christi,Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to
have an effect on that interest that is distinguishable from its effect on members of the
public in general or a substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full
or part-time basis,but not as an independent contractor.
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EXHIBIT 1(Coned.)
d. "Firm." Any entity operated for economic gain, whether professional, industrial or
commercial,and whether established to produce or deal with a product or service,including
but not limited to, entities operated in the form of sole proprietorship, as self-employed
person,partnership,
corporation,joint stock company,joint venture,receivership or trust,and entities which for
purposes of taxation are treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers,Department and Division Heads,and Municipal Court Judges of the
City of Corpus Christi,Texas.
f. "Ownership Interest." Legal or equitable Interest,whether actually or constructively held,in
a firm, including when such interest is held through an agent,trust,estate,or holding entity.
"Constructively held"refers to holdings or control established through voting trusts,proxies,
or special terms of venture or partnership agreements."
g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.
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EXHIBIT J
Certificate of Interested Parties
Certificate of Interested Parties(Form 1295)**
** Form 1295 MUST BE FILED EILEC"I'RO ICALLYI Paper copies and PDF copies oft this sample
form are not acce tedl
Form 1295 must be electronically filed with the Texas Ethics Commission at
1tt s; vtir r c ,hics.st te.tx.ta lNnirm into -, fj . The form must then be printed,signed, notarized
and filed with the City. For more information, please review the Frequently Asked Questions at
11 t tp s LW WW gthlCs st L(-.t .ca r spa, Ls F4 � LLn 9 m (Your web browser must be at a
minimum browser level: Chrome 4, Firefox 15, Opera 12.1, or Safari 4. Internet Explorer 9 is no
longer supported by Microsoft and is not recommended)
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EXHIBIT K
Subrecipient's ESG Compliance Affidavit
STATE OF GEORGIA §
A;A §§ KNOW ALL BY THESE PRESENTS:
COUNTY OF
Date: MAR 0 8 2023
Affiant: The Salvation Army,a Georgia Corporation
Emergency Solutions Grant Subrecipient
Affiant,on oath,swears the following statements are true:
Phillip Swyers ASSISTANT TREASURER
I, am the (title)of
The Salvation Army a Georgia nonprofit corporation,which has applied for
and been awarded Emergency Solutions Grant("ESG")Program funds administered bythe City of Corpus
Christi ("City"). Prior to the start of the project for which ESG funds have been awarded, as the
representative of the above named subrecipient organization ("Subrecipient"), I met with City staff and
received copies of the following Federal rules and regulations:
2 CFR Part 200
24 CFR 570 and 576 41 CFR 60.1 and 60.4
By execution of this affidavit, I attest that 1 have received the above-listed Federal rules and
regulations, City staff has explained the rules and regulations, and I understand the Subrecipient's
obligations of performance under the rules and regulations. Furthermore,l acknowledge that there may
be additional Federal rules and regulations,beyond the rules and regulations listed above,to which the
Subrecipient may be subject to and with which the Subrecipient must comply,in accordance with Federal
laws.
By:
SWORN TO AND SUBSCRIBED before me this the day of � ' , 23
2f
\tAA A �y
( ��•, sloy I
��y!. o Public,State of J/ Regina Adair
%a° Ta41�► �' GEORGIA .. .
-_
;". � �-
Exhibit K r r ��� Page 1 of 1
COUN�`l``��
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EXHIBIT L
,,yuNr,,r
Ii.S.DEP,IRTIIE\T OF fIOI SLNG AND URBA1 DEI'ELOP,IIE\T
II WASHNOTON.DC 20410.7600
PRINCIPAL DEPLITY A3'SISTANT SECRETARY
FOR CoNaRAITYPL.i-\'\TO A\DDjM0P\lL\T
MEMORANDUM FOR: All Community Planning and Development Field Office Directors,
Deputy Directors and Program Managers
FROM: James A.Jemison,Il,Principal Deputy Assistant Secretary,Office JAMES 0'0*""
of Community Planning and Development,D JEMI50 ��.mo
N „
SUBJECT: Availability of Additional Waivers for Community Planning and
Development(CPD)Grant Programs to Prevent the Spread of
COVID-19 and Mitigate Economic Impacts Caused by COVID-19
PURPOSE
This memorandum explains the availability of waivers of certain regulatory requirements
associated with several Community Planning and Development(CPD)grant programs to prevent
the spread of COVID-19 and to facilitate assistance to eligible communities and households
economically impacted by COVID-19. This memorandum covers program-specific waivers for
the following CPD programs,including for grants that have not yet been awarded(e.g.,finds
awarded under the FY 2021 Appropriations Act):
• Continuum of Care(CoC);
• Youth Homelessness Demonstration Program(MHDP);
• Emergency Solutions Grants Program;and
• Housing Opportunities for Persons With AIDS(HOPWA).
This memorandum also announces a simplified notification process for recipients of these
programs to use this waiver flexibility to expedite the delivery of assistance. CPD Field Office
Directors,Deputy Directors,and Program Managers are instructed to inform CPD recipients
operating within their jurisdictions of the content of this memorandum.
NOTIFICATION PROCESS
Recipients may use the waivers described in this memorandum to assist affected CPD
program beneficiaries and CPD program eligible households to prevent the spread of COVID-19
and to mitigate against the economic impact caused by COVID-19 for eligible households. To
use the waiver flexibility provided in this memorandum,the recipient must provide notification
in writing,either through mail or e-mail,to the CPD Director of the HUD Field Office serving its
isimllud.gov espanot.hud.gov
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jurisdiction no less than two days before the recipient anticipates using the waiver flexibility.
Further directions on notifying HUD can be found in Attachment#1.
WAIVER AUTHORITY
Despite the availability of COVID-19 vaccinations and the reopening of schools and local
businesses,many CPD recipients are continuing to face challenges in ensuring appropriate
shelter and housing options are available for program participants experiencing and at risk of
homelessness as well as those living with HN.COVID-19 has been shown to rapidly spread in
shelter settings'. Recent studies also show that people experiencing homelessness with
confirmed COVID-19 were more likely to be hospitalized and have more severe COVID-19
outcomes than those with COVID-l9 in the general population.At the same time,a Centers for
Disease Control and Prevention(CDC)study'released this month found that people
experiencing homelessness had significantly lower vaccination coverage compared to residents
living in the same geographic areas.Further,in a recent study,people living with HIV
experienced poorer COVID-related outcomes relative to persons living without HIV and HIV
diagnosis was associated with higher rates of severe disease requiring hospitalization 4
Low vaccination rates and poorer health outcomes,compounded by the increased risk for
COVID-19 infection in congregate settings,$such as emergency shelters,speak to the ongoing,
critical need to provide regulatory relief to CoC,MHDP,ESG,and HOPWA Program recipients
to expedite program participants'transition from homelessness to housing and to ensure
adequate assistance is available to prevent a return to homelessness. Additional regulatory
flexibility is needed to expand the availability of housing in tight rental markets nationwide,
minimize the time needed to rehouse people experiencing homelessness,and permit the
continued provision of supportive services to maintain housing stability.
In accordance with 24 CFR 5.110,HUD may,upon a determination of good cause and
subject to statutory limitations,waive regulatory provisions.
On March 31,2020,CPD issued its first waivers of regulatory authority to help recipients
prevent and mitigate the spread of COVID-19. On May 22,2020,CPD issued its second set of
waivers of regulatory authority to prevent and mitigate the spread of COVID-19.On September
30,2020,CPD issued its third set of waivers of regulatory authority to prevent and mitigate the
(Bagget et al.,2020;Imbert et al.,2020)
2(Cha et al.,2021;Han et al.,2021;Hsu et al.,2020;Leilheit et al.,202 1)
3 Montgomery MP,Meehan AA,Cooper A,et al.A'otes floral the Field. COVID-19 Vaccination Coverage Among
Persons Experiencing Homelessness—Six U.S.Jurisdictions,December 2020-August 2021.MMWR Morb Mortal
Wkly Rep 2021;70:1676-1678.DOI:httn://dx.doi.ore/10,15585humwr.nun7048a4
4 Tesoriero,J.M.,Swain,C.E.,Pierce,J.L.,Zamboni,L.,Wu,M.,Holtgrave,D.R.,Gonzalez,C.J.,Udo,T.,
Morrie,J.E.,Hart-Malloy,R.,Rajulu,D.T.,Leung,S.J.,&Rosenberg,E.S.(2021).COVID-19 Outcomes Among
Persons Living With or Without Diagnosed HIV Infection in New York State.JAIhl network open,4(2),e2037069.
https://doi.org/10.lool/jaivaiietrvorkopen.2020.37069
3 Self JL,Montgomery MP,Tows KA,et al.;COVID-19 Homelessness Response Team.Shelter characteristics,
infection prevention practices,and universal testing for SARS-CoV-2 at homeless shelters in 7 US urban areas.Am
J Public Health 2021;111:854-9. t t :/dQ"og/ 195JAJ.f HfflL8gxt-cn Ut Ph I1D:33734836exterual
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spread of COVID-19.On December 30,2 020,CPD issued its fourth set of waivers of regulatory
authority to prevent and mitigate the spread of COVID-19. On January 7,2021,CPD issued a
fifth waiver of requirements related to the Point-in-Time Count to prevent and mitigate the
spread of COVID-19.On March 31,2021,CPD issued a sixth set of waivers of regulatory
authority to prevent and mitigate the spread of COVID-19.On July 1,2021,CPD issued a
seventh set of waivers of regulatory authority to prevent and mitigate the spread ofCOVID-19.
This memorandum extends select waivers from these earlier waivers set to expire on December
31,2021 and re-introduces previously expired waivers providing flexibility to recipients in
conducting Housing Quality Inspections(HQS).
CPD anticipates that this is the last time it will offer extensions of these waivers to all
recipients on an opt-in basis where recipients notify HUD and document specific conditions
consistent with HUD's stated justifications for these waivers.Recipients who will need
continued regulatory flexibility must submit a regulatory waiver request pursuant to 24 CFR
5.110.Each regulatory request must identify the regulation from which relief is sought and
present a good cause justification pursuant to 24 CFR 5.110.These requests must be submitted to
the recipient's local HUD field office.
WAIVER AVAILABILITY
To provide additional flexibility to communities to prevent the spread of COVID-19 and
better assist individuals and families,including those experiencing homelessness infected with
the virus or economically impacted by the virus,I hereby find good cause to provide the
regulatory waivers below. To use each waiver,each recipient must follow the notification
process described above and update its program records to include written documentation of the
specific conditions that justify the recipient's use of the waiver,consistent with the justifications
and applicability provisions below. Provisions that are not specifically waived remain in full
effect.
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CONTINUUM OF CARE PROGRAM and YOUTH HOMELESSNESS
DEMONSTRATION PROGRAM
Unless otherwise specified in the waiver,the following waivers are available to CoC
Program and YHDP recipients.
1. Housing Quality Standards—Initial Inspection of Unit
Requirement: Recipients are required to physically inspect any unit supported with
leasing or rental assistance funds to assure that the unit meets the housing
quality standards(HQS)before any assistance will be provided on behalf
of a program participant.
Citation: 24 CFR 578.75(b)(1)
Explanation: 24 CFR 278.75(b)(1)requires that recipients or subrecipients physically
inspect each unit to assure that it meets HQS before any assistance will
be provided for that unit on behalf of program participant.
Justification: On March 31,2020,HUD waived the physical inspection requirement at
24 CFR 578.75(b)(1)for 6-months so long as recipients or subrecipients
were able to visually inspect the unit using technology to ensure the unit
met HQS before any assistance was provided and recipients or
subrecipients had written policies in place to physically reinspect the unit
within 3 months after the health officials determined special measures to
prevent the spread of COVID-19 are no longer necessary.On September
30,2020,HUD waived the physical inspection requirement at 24 CFR
578.75(b)(1)until December 31,2020,which HUD then extended until
March 31,2021 and again until June 30,2021 and again until September
30,2021,so long as recipients and subrecipients could meet certain
criteria outlined in the waiver. Since the original waiver flexibility
expired on September 30,2021,recipients report that it is challenging to
physically inspect units for HQS because of staffing shortages and
program participants being uncomfortable with other people entering
their units out of fear of contracting COVID-19.Due to the increased risk
of COVID-19 infection, low vaccination rates and poorer health
outcomes of people experiencing homelessness if they contract COVID-
19, it continues to be important to move people quickly into their own
housing to enable social distancing and prevent the spread of COVID-l9.
Additionally,recipients need time to prepare staff to inspect(and re-
inspect as discussed below)units for HQS.Therefore,HUD is again
waiving the initial inspection requirement at 24 CFR 578.75(6)(1)as
further specified below to allow recipients to move people from the
streets and shelters into housing more quickly.
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Applicability: This waiver of the requirement in 24 CFR 578.75(b)(1)that the recipient
or subrecipient physically inspect each unit to assure that the unit meets
HQS before providing assistance on behalf of a program participant is in
effect until March 31,2022 for recipients and subrecipients that are able
to meet the following criteria:
a. The recipient is able to visually inspect the unit using technology,such
as video streaming,to ensure the unit meets HQS before any assistance
is provided;and
b.The recipient or subrecipient has written policies that require physical
inspection of the units not previously physically inspected by June 30,
2022.
2.Suitable Dwelling Size and Housing Quality Standards
Requirement: Units funded with CoC Program or YHDP funds must have at least one
bedivom or living/sleeping room for each two persons.
Citation: 24 CFR 578.75(c)and 24 CFR 982.401(d)(2)(ii)as required by 24 CFR
578.75(b)
Explanation: 24 CFR 578.75(c),suitable dwelling size,and 24 CFR 982.40 1(d)(2)(ii)as
required by 24 CFR 578.75(b),Housing Quality Standards,requires units
funded with CoC Program funds to have at least one bedroom or
living/sleeping room for each two persons.
Justification: On September 30,2020,HUD 8vaived the requirements at 24 CFR
982.401(d)(2)(ii)and 24 CFR 57835(c)to allow households experiencing
homelessness to obtain permanent housing that is affordable and that they
assess is adequate.HUD extended these flexibilities on December 30,2020 to
the later of 1)the end of the initial term of the lease or occupancy agreement;
or 2)March 31,2021.HUD again extended these flexibilities on March 31,
2021,to the later of 1)the end of the initial tern of the lease or occupancy
agreement;or 2)June 30,2021.HUD again extended these flexibilities on
July 1,2021,to the later of 1)the end of the initial term of the lease or
occupancy agreement;or 2)December 31,2021.As of the date of this
memorandum,there continues to be a limited supply of affordable housing in
many jurisdictions across the country and this has been made even more
challenging due to the economic impact ofCOVID-19.Further,low
vaccination rates and poorer health outcomes,compounded by the increased
risk for COVID-19 infection,require that we expedite program participants'
transition from homelessness to housing.Therefore,HUD is waiving the
requirements at 24 CFR 982.401(d)(2)(ii)and 24 CFR 578.75(c)as further
specified below to reduce the spread of COVID-19 by allowing households to
move into housing instead of staying in congregate shelter. However,
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consistent with the Executive Order on Fighting the Spread of COVID-19 by
Providing Assistance to Renters and Honreorvners,grantees should balance
use of this waiver with the recommendations ofpublic health officials to limit
community spread,and reduce risks to high-risk populations. For example,a
large unit with rooms than can be partitioned for privacy and distancing,or
the waiver can be applied for units that will house only one family household.
Applicability: The requirement that each unit assisted with COC Program funds or YHDP
funds have at least one bedroom or living/sleeping room for each two persons
is waived for recipients providing Permanent Flouring-Rapid Re-housing
assistance for leases and occupancy agreements executed by recipients and
subrecipients between the date ofthis memorandum and March 31,2022.
Assisted units with leases of occupancy agreements signed during the waiver
period may have more than two persons for each bedroom or living/sleeping
room until the later of 1)the end of the initial tern of the lease or occupancy
agreement;or 2)March 31,2022.As a reminder,recipients are still required
to follow State and local occupancy laws.
3.Fair Market Rent for Individual Units and Leasing Costs
Requirement: Rent payments for individual units with leasing dollars may not exceed Fair
Market Rent(FMR)
Citation: 24 CFR 578.49(b)(2)
Explanation: The CoC Program regulation at 24 CFR 578A9(b)(2)prohibits a recipient
from using grant funds for leasing to pay above FMR when leasing
individual units,even if the rent is reasonable when compared to other
similar,unassisted units.
Justification: HUD originally waived this requirement fort-months on March 31,2020.
On September 30,2020 HUD again waived this requirement until December
31,2020.On December 30,2020,HUD again waived this requirement until
March 31,2021.On March 31,2021,HUD again waived this requirement
until June 30,2021.On Judy 1,2021,HUD again waived this requirement
until December 31,2021.Extending this waiver of the limit on using grant
leasing finds to pay above FMR for individual units,but not greater than
reasonable rent,will assist recipients in locating additional units to house
individuals and families experiencing homelessness in tight rental markets.
This is necessary due to the increased risk of COVID-19 infection,the low
vaccination rates and poorer health outcomes from COVID-19 experienced
by individuals and families experiencing homelessness when compared to
the general population.Permanent housing allows for social distancing and
reduces the risk of COVID-19 infection.
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Applicability: The FMR restriction continues to be waived for any lease executed by a
recipient or subrecipient to provide transitional or permanent supportive
housing until March 31,2022.The affected recipient or subrecipient must
still ensure that rent paid for individual units that are leased with leasing
dollars meet the rent reasonableness standard in 24 CFR 578A9(b)(2).
4.One-Year Lease Requirement
Requirement: Program participants residing in permanent housing(including Rapid Re-
housing and Permanent Supportive Housing)must be the tenant on a lease
for a term of at least one year that is renewable and terminable for cause.
Citation: 24 CFR 578.3,definition of permanent housing,24 CFR 578.51(1)(1)
Explanation: The CoC Program regulation at 24 CFR 578.3,definition of permanent
housing,and 24 CFR 578.51(1)(1)requires program participants residing in
permanent housing to be the tenant on a lease for a term of one year that is
renewable and terminable for cause.
Justification: HUD originally waived this requirement for 6-months;on March 31,2020,
again until December 31,2020 on September 30,2020,again until March
31,2021 on December 30,2020,again on March 31,2021 until June 30,
2021,and again on July i,2021 until December 31,2021 to help recipients
more quickly identify permanent housing for individuals and families
experiencing homelessness,which is helpful in preventing the spread of
COV1D-19.Extending this waiver is necessary because recipients report
challenges in identifying housing for program participants in tight rental
markets due to the economic impact of COV1D-19.Additionally,helping
program participants move into housing quickly will continue to decrease the
risk of people experiencing homelessness of contracting COVID-19 even
after special measures are no longer necessary to prevent the spread of
COVID-19 since people experiencing homelessness are at increased risk of
COVID-19 infection,show lower rates of vaccination and poorer health
outcomes from COVID-19 when compared to the general population.
Applicability: The one-year lease requirement is waived for leases executed between the
date of this memorandum and March 31,2022,so long as the initial term of
all leases is at least one month.
5.HQS—Re-Inspection of Units
Requirement: Recipients and subrecipients must inspect all units for which leasing or
rental assistance funds are used,at least annually to ensure they continue
to meet HQS.
Citation: 24 CFR 578.75(b)(2)
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Explanation: 24 CFR 578.75(b)(2)requires that recipients or subrecipients are required
to inspect all units supported by leasing or rental assistance funding under
the CoC and YHDP Programs at least annually during the grant period to
ensure the units continue to meet HQS.
Justification: HUD originally waived the requirement for 1-year on March 31,2020 to
help recipients and subrecipients prevent the spread of COVID-19.On
March 31,2021,HUD extended the waiver until June 30,2021.On July 1,
2021,HUD extended the waiver until September 30,2021.Since the
original waiver flexibility expired on September 30,2021,recipients
report that it is challenging to physically re-inspect units for HQS because
of staffing shortages and program participants being uncomfortable having
other people enter their units out of fear of contracting COVID-19.It
continues to be important to maintain housing for people to enable social
distancing and prevent the spread ofCOVID-19.Therefore,H UD1 is again
waiving the requirement to inspect all units supported by leasing and
rental assistance finds at least annually as described below.
Applicability: The requirement at 24 CFR 578.75(b)(2)is waived until March 31,2022
for recipients and subrecipients that are able to visually re-inspect the unit
using technology,such as video streamlining,to ensure the unit meets
HQS.
6.Homeless Definition—Temporary Stays in Institutions of 90 Days or Less
Requirement: The definition of homeless in 24 CFR 578.3 includes tinder paragraph
(1)(iii)an individual who is exiting an institution where he or she resided
for 90 days or less and has resided in an emergency shelter or place not
meant for human habitation immediately before entering that institution,
which is an interpretation of§I03(a)(4)of the McKinney-Vento Act which
includes an individual who resided in a shelter or place not meant for
human habitation and who is exiting an institution where Ire or she
leml)orarily resided(emphasis atkleeO,
Citation: 24 CFR 578.3,definition of"homeless"(1)(iii)
Explanation: An individual who is exiting an institution where he or she resided for 90
days or less and who resided in an emergency shelter or place not meant for
human habitation immediately before entering that institution is considered
homeless per 24 CFR 578.3,definition of"homeless."
Justification: HUD originally waived this requirement on September 30,2020,until
March 31,2021 to keep housing options open for individuals who
otherwise would have been homeless but were reporting longer stays in
institutions as a result of COVID-19(e.g., longer time in jail due to a
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postponed court dates due to courts closings or courts operating at reduced
capacity and longer hospital stays when infected with COVID-19).HUD
again waived this requirement on March 31,2021 until June 30,2021 and
again on July 1,2021 until December 31,2021.Allowing someone who
was residing in an emergency shelter or place not meant for human
habitation prior to entering the institution to maintain their homeless status
while residing in an institution for longer than 90 days is necessary to
prevent the spread of and respond to COVID-19 by expanding housing
options for people who were experiencing homelessness and
institutionalized for longer than traditionally required due to COVID-19.
Recipients continue to report potential program participants are staying in
institutions for longer periods of time due to COVID-19.Additionally,
since people experiencing homelessness are at higher risk of COVID-19
infection,showing lower vaccination rates and poorer health outcomes
when compared to the general population it is important that they be able to
exit to permanent housing when they exit an institution to allow for social
distancing and prevent the spread ofCOVID-19.Therefore,HUD is
extending this waiver to allow someone who was residing in an emergency
shelter or place not meant for human habitation prior to entering the
institution to maintain their homeless status while residing in an institution
for longer than 90 days.
Applicability: An individual may qualify as homeless tinder paragraph(1)(iii)of the
homeless definition in 24 CFR 578.3 so long as he or she is exiting an
institution where they resided for 120 days or less and resided in an
emergency shelter or place not meant for human habitation immediately
before entering that institution.This waiver is in effect until March 31,
2022.
7.Permanent Housing Rapid Re-housing Limit to 24 Months of Rental Assistance
Requirement: CoC Program finds may be used to provide short-term(up to 3 months)
and/or medium term(for 3-24 months)tenant-based rental assistance.
Citation: 24 CFR 578.37(a)(1)(ii),24 CFR 578.37(a)(1)(ii)(C),and 24 CFR
578.5 1(a)(1)(i)
Explanation: The CoC Program regulation at 24 CFR 578.37(a)(1)(ii)and 24 CFR
578.5 1(a)(1)(i)defines medium-term rental assistance as 3 to 24 months
and 24 CFR 578.37(a)(1)(ii)and 24 CFR 578.37(a)(I)(ii)(C)limits rental
assistance in rapid re-housing projects to medium-term rental assistance,or
no more than 24 months.
Justification: HUD originally waived this requirement on May 22,2020 until 3 months
after a state or local public health official has determined special measures
are no longer necessary to prevent the spread ofCOVID-19.Recipients
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continue to report program participants are experiencing difficulty
affording rent even after receiving 24 months of rental assistance.On July
1,2021,HUD established an end date of this waiver of December 31,2021.
However,continuing to waive the limit on using rental assistance in rapid
re-housing projects to pay more than 24 months will ensure that individuals
and families currently receiving rapid re-housing assistance do not lose
their assistance,and consequently their housing,during the COVID-19
public health crisis and the subsequent economic downturn.Because
COV1D-19 has been shown to rapidly spread in shelter settings,which is
where many individuals and families will reside if they lose their housing,
this will reduce the number of people who become homeless again due to
the economic impact of COVID-19 and thus decrease the risk of COVID-
19 infection.
Applicability: The 24-month rental assistance restriction is waived for program
participants in permanent housing rapid re-housing project who will have
reached 24 months of rental assistance until March 31,2022.Program
participants who have reached 24 months of rental assistance during this
time and who will not be able to afford their rent without additional rental
assistance will be eligible to receive rental assistance until March 31,2022.
8.Disability Documentation for Permanent Supportive Housing(PSH)
Requirement: A recipient providing PSH must serve individuals and families where one
member of the household has a qualifying disability(for dedicated projects
and DedicatedPLUS projects that individual must be the head of
household).Further,the recipient must document a qualifying disability of
one of the household members.When documentation of disability is the
intake worker's observation,the regulation requires the recipient to obtain
additional confirming evidence within 45 days.
Citation: 24 CFR 578.103(a)and 24 CFR 578.103(a)(4)(i)(B)
Explanation: 24 CFR 578.103(a)requires recipient to maintain records providing
evidence they met program requirements and 24 CFR 578.103(a)(4)(i)(B)
establishes the requirements for documenting disability for individuals and
families that meet the"chronically homeless"definition in 24 CFR 578.3.
Acceptable evidence of disability includes intake-staff recorded
observations of disability no later than 45 days from the date of application
for assistance,which is confirmed and accompanied by evidence in
paragraphs 24 CFR 578.103(a)(4)(i)(13)(1),(2),(3),or(5).HUD is waiving
the requirement to obtain additional evidence to confirm staff-recorded
observations of disability.
Justification: On March 31,2020 HUD waived the requirement to obtain additional
evidence within 45 days and instead allowed recipients up to 6-months
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from the date of application for assistance to confirm intake staff-recorded
observations of disability with other evidence because recipients were
reporting difficulty obtaining third-party documentation of disability in the
middle of a pandemic,impacting their ability to house potential program
participants quickly.On September 30,2020,HUD waived,in its entirety,
the requirement to obtain additional evidence to verify intake staff-recorded
observations of disability until public health officials determine no
additional special measures are necessary to prevent the spread of COVID-
19.On July 1,2021,HUD extended this waiver until December 31,2021.
Many communities continue to experience substantial rates of COVID-19
and hospitalizations and resulting in staff shortages for non-COVID related
concerns.As a result of this and of reduced hours of agencies and providers
that can provide disability documentation,recipients are reporting that
obtaining documentation of a disability still takes longer than usual.
Because of the increased risk of COVID-19 infection and poorer health
outcomes from COVID-19 experienced by people experiencing
homelessness when compared to the general population it remains
important to house people quickly to allow for social distancing and
decrease the risk of COVID-19 infection.Therefore,HUD is continuing
this waiver flexibility until March 31,2022.
Applicability: The requirement that staff-recorded observation of disability be confirmed
and accompanied by other evidence no later than 45 days from the
application for assistance documentation requirement is waived until
March 31,2022.
Note: A written certification by the individual seeking assistance that they have a
qualifying disability will be acceptable documentation approved by HUD
under 24 CFR 578.103(a)(4)(i)(13)(5)until March 31,2021.
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EMERGENCY SOLUTIONS{GRANTS(ESG)PROGRAM
The following waivers are made available to FY 2021 ESG finds,but do not apply to
ESG grants funded under the CARES Act(ESG-CV)or FY 2020 or earlier fiscal year ESG
grants.For waivers of the following ESG requirements that were already provided for ESG-CV
finds and FY 2020 or earlier fiscal year ESG grants,see Notice CPD-21-08:Waivers and
Alternative Requirements for the ESG Program Under the CARES Act(Notice CPD-21-08).
9.Homeless Definition—Temporary Stays in Institutions of 90 Days or Less
Requirement: The definition of homeless in 24 CFR 576.2 includes under paragraph
(1)(iii)an individual who is exiting an Institution where he or she resided
for 90 days or less and has resided in an emergency shelter or place not
meant for human habitation immediately before entering that institution,
which is an interpretation of§I03(a)(4)of the McKinney-Vento Act
which includes an individual who resided in a shelter or place not meant
for human habitation and who is exiting an institution where he or she
temporardy resided(emphasis added).
Citation: 24 CFR 576.2,definition of"homeless,"(1)(iii)
Explanation: An individual who is exiting an institution where he or she resided for 90
days or less and who resided in an emergency shelter or place not meant
for human habitation immediately before entering that institution is
considered homeless per 24 CFR 576.2,definition of"homeless."
Justification: HUD originally waived this requirement on September 30,2020 until
March 31,2021 to keep housing options open for individuals who
otherwise would have been homeless but were reporting longer stays in
institutions as a result ofCOVID-19.HUD waived this requirement again
on March 31,2021 until June 30,2021.Additionally,this waiver
flexibility was applied ESG-CV fiends and FY 2020 annual ESG finds
that are used to prevent,prepare for,and respond to coronavirus,subject to
the requirements in Notice CPD-21-08:Waivers and Alternative
Requirements for the ESG Program Under the CARES Act.Allowing
someone who was residing in an emergency shelter or place not meant for
human habitation prior to entering the institution to maintain their
homeless status while residing in an institution for longer than 90 days is
necessary to decrease the risk of COVID-19 infection by expanding
housing options for people who were experiencing homelessness and
institutionalized for longer than traditionally required due to COVID-19.
Recipients continue to report potential program participants are staying in
institutions for longer periods of time due to COVID-19.Additionally,
since people experiencing homelessness are showing an increased risk of
COVID-19 infection, lower vaccination rates and poorer health outcomes
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when compared to the general population it is important that they be able
to exit to permanent housing when they exit an institution to allow for
social distancing and decrease the risk of COVID-19 infection.Therefore,
permitting this waiver for FY 2021 ESG funds will allow someone who
was residing in an emergency shelter or place not meant for human
habitation prior to entering the institution to maintain their homeless status
while residing in an institution for longer than 90 days.In addition,
because FY2021 ESG grant funding will remain available for longer than
ESG-CV funding and FY2020 and earlier Oscal year ESG grants,
extending this waiver to FY2021 ESG grants will maximize the time and
opportunities to facilitate stable housing outcomes for program
participants who are housed through this regulatory waiver and may need
a longer period of ESG assistance than the expenditure deadlines for ESG-
CV and FY2020 and earlier fiscal year grants would allow.
Applicability: An individual may qualify as homeless under paragraph(1)(iii)of the
homeless definition in 24 CFR 576.2 so long as he or she is exiting an
institution where they resided for 120 days or less and resided in an
emergency shelter or place not meant for human habitation immediately
before entering that institution.This waiver is in effect for individuals
whose homeless status is determined between the date of this
memorandum and March 31,2022.
10.Assisting Program Participants with Subleases
Requirement: With respect to rental assistance and certain housing relocations and
stabilization services,the references to"owner"and"lease"in 24 CFR
576.105 and 576.106 restrict program participants from receiving
assistance in units they sublease from a person other than the owner or the
owner's agent.
Citations: 24 CFR 576.105,24 CFR 576.106
Explanation: The use of"owner"and"lease"in 24 CFR 576.105 and 576.106 restrict
program participants from receiving rental assistance under 24 CFR
576.106 and certain services under 24 CFR 576.105 with respect to units
program participants sublease or lease from a person other than the owner
or the owner's agent.
Justification: Notice CPD-21-08:Waivers and Alternative Requirements for the ESG
Program Under the CARES Act allows ESG rapid re-housing and
homelessness prevention assistance to be provided to program participants
who are legally subleasing housing from a primary leaseholder.However,
this waiver flexibility only applies to ESG-CV funds and FY 2020 and
earlier fiscal year ESG grant fiunds that are used under the conditions
provided in Notice CPD-21-08. HUD has determined good cause exists to
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allow certain ESO recipients to use a similar waiver with respect to their
FY 2021 ESG grant filnding,because being able to offer ESO assistance
beyond the expenditure deadlines for ESG-CV grants,FY2020 ESG
grants,and earlier fiscal year ESO grants will improve recipients and
subrecipients chances of helping more program participants move into
housing quickly,and as explained in the general justifications provided at
the beginning of this memorandum,quickly identifying housing in tight
rental markets and helping people obtain or maintain housing during this
critical time period is necessary to prevent the spread ofCOVID-19.In
addition,because FY2021 ESG grant funding will remain available for
longer than ESG-CV finding and FY2020 and earlier fiscal year ESO
grants,extending this waiver to FY2021 ESG grants will maximize the
time and opportunities to facilitate stable housing outcomes for program
participants who are housed through this type of waiver and may need a
longer period of ESG assistance than the expenditure deadlines for ESG-
CV and FY2020 and earlier fiscal year grants would allow.
Applicability: To the extent that the references to"owner"and"lease"in 24 CFR
576.105 and 576.106 restrict program participants from receiving
assistance in units they sublease from the primary leaseholder,that
restriction is waived under the following conditions:
1. The recipient documents that it meets the conditions for applying this
waiver to FY21 grants fiends,consistent with the justification
paragraph above;
2. a program participant chooses to rent a runt through a legally valid
sublease with the primary leaseholder for the unit;and
3. the recipient has developed written policies to apply the requirements
of 24 CFR 576.105,24 CFR 576.106,24 CFR 576.409,and
576.500(h)with respect to that program participant by reading the
references to"owner"and"housing owner"to apply to the primary
leaseholder and reading the references to"lease"to apply to the
program participant's sublease or lease with the primary leaseholder.
This waiver is only made available with respect to leases and subleases
entered into between the date of this memorandum and March 31,2022.
However,unless HUD notifies the recipient otherwise,the recipient may
continue to use its FY2021 ESG grant finds to assist program participants
housed under this waiver through the end of their otherwise allowable
term of assistance.
11.Helping Current Program Participants Maintain Housing—Housing Relocation and
Stabilization Services.
Requirement: 24-month limits on housing relocation and stabilization services.
Citations: 24 CFR 576.105(a)(5),(b)(2)and(c).
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Explanation: Section 576.105(a)(5)prohibits a program participant from receiving more
than 24 months of utility payments under ESG during any three-year
period.Section 576.105(b)(2)limits the provision of housing stability case
management to 30 days while the program participant is seeking
permanent housing and to 24 months during the period the program
participant is living in permanent housing. Section 576.105(c)limits the
total amount of time a program participant may receive services under
section 576.105(b)to 24 months during any 3-year period.
Justification: Notice CPD-21-08:Waivers and Alternative Requirements for the ESG
Program Under the CARES Act provides flexibility to provide housing
relocation and stabilization services to program participants for more than
24-months during any 3-year period.However,that flexibility only applies
to ESG-CV finds and FY 2020 and earlier fiscal year ESG grant funds
that are used under the conditions provided in Notice CPD-21-08.HUD
has determined good cause exists to allow certain ESG recipients to use a
similar waiver with respect to their FY2021 ESG grant funding,for the
following reasons:(1)Those residing in congregate settings,where many
people who lose their housing reside after losing their housing,are at
increased risk of COVID-19 infection;(2)Helping program participants
maintain housing will therefore continue to decrease the risk of people
experiencing and at risk of homelessness from contracting COVID-19;
and(3)although this waiver flexibility can already be used with respect to
ESG-CV and FY2020 and earlier FY funds,making this waiver flexibility
applicable to the newer FY2021 ESG grant funds will minimize the
chances that service providers will run out of usable ESG funds to help
their existing program participants remain stably housed during these
critical winter months when people are spending most of their time
indoors and the risk of spread is at its highest
Applicability: For recipients that can document they meet the conditions for applying
this waiver to FY21 grants fields,consistent with the justification
paragraph above,the 24-month limits on housing relocation and
stabilization services under 24 CFR 576.105(a)(5),(b)(2)and(c)are
waived for program participants receiving rapid re-housing and
homelessness prevention assistance who will have reached these 24-month
limits between the date of this memorandum and March 31,2022,as long
as the assistance provided under this waiver does not extend beyond
March 31,2022 and is limited to program participants who will not be
able to obtain or maintain housing without the benefit of this waiver.
12.Helping Current Program Participants Maintain Housing—Rental Assistance.
Requirement: Restriction of rental assistance to 24 months during any 3-year period.
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Citations: 24 CFR 576.106(a).
Explanation: 24 CFR 576.106(a)limits the total amount of time a program participant
may receive rental assistance to 24 months in a 3-year period.
Justification: 1�lotice C1D-21-0 : Jaiv r sled Alternative Re azirernents ort.e
Program Under the CARES Act provides flexibility to provide rental
assistance to program participants for more than 24-months during any 3-
year period.However,that flexibility only applies to ESG-CV fiends and
FY 2020 and earlier fiscal year ESG grant funds that are used under the
conditions provided in Notice CPD-21-08.HUD has determined good
cause exists to allow certain ESG recipients to use a similar waiver with
respect to their FY 2021 ESG grant finding,for the following reasons:(1)
those residing in congregate settings,where many people who lose their
housing reside after losing their housing,are at increased risk of COV1D-
19 infection;(2)helping program participants maintain housing will
therefore continue to decrease the risk of people experiencing and at risk
of homelessness from contracting COV1D-19;and(3)although this
waiver flexibility can already be used with respect to ESG-CV and
FY2020 and earlier FY finds,making this waiver flexibility applicable to
the newer FY2021 ESG grant finds will minimize the chances that service
providers will run out of usable ESG finds to help their existing program
participants remain stably housed during these critical winter months
when people are spending most of their time indoors and the risk of spread
is at its highest.
Applicability: For recipients that can document they Iinect the conditions for applying
this waiver to FY21 grants finds,consistent with the justification
paragraph above,the 24-month in a 3-year period restriction on rental
assistance is waived for program participants receiving rapid re-housing
and homelessness prevention assistance who will have reached their 24-
month limit between the date of this memorandum and March 31,2022,as
long as the assistance provided under this waiver does not extend beyond
March 31,2022 and is limited to program participants who will not be
able to obtain or maintain housing without the benefit of this waiver.
13.Restriction of Rental Assistance to Units with Rent at or Below FMR
Requirement: Restriction of rental assistance to units with rent at or below FMR.
Citation: 24 CFR 576.106(d)(1)
Explanation: Under 24 CFR 576.106(d)(1),rental assistance cannot be provided unless
the total rent is equal to or less than the FMR established by HUD,as
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Provided under 24 CFR Part 888,and complies with HUD's standard of
rent reasonableness,as established under 24 CFR 982.507.
Justification: HUD already provided a waiver of this requirement in Notice CPD-21-08:
Waivers and Alternative Requirements for the ESG Program Under the
CARES Act.However,that flexibility only applies to ESG-CV funds and
FY 2020 and earlier fiscal year ESG grant finds that are used under the
conditions provided in Notice CPD-21-08. HUD has determined good
cause exists to allow certain ESG recipients to use a similar waiver with
respect to their FY2021 ESG grant funding,because being able to offer
ESG assistance beyond the expenditure deadlines for ESG-CV grants,
FY2020 ESG grants,and earlier fiscal year ESG grants will improve
recipients'and subrecipients'chances of quickly identifying housing in
tight rental markets and helping people obtain or maintain housing during
this critical period;and as explained in the general justifications provided
at the beginning of this memorandum,quickly identifying housing in tight
rental markets and helping people obtain or maintain housing during this
critical time period is necessary to prevent the spread of COV1D-19
among people experiencing homelessness.in addition,because FY2021
ESG grant funding will remain available for longer than ESG-CV funding
and FY2020 and earlier fiscal year ESG grants,extending this waiver to
FY2021 ESG grants will maximize the time and opportunities to facilitate
stable housing outcomes for program participants who are housed through
this type of waiver and may need a longer period of ESG assistance than
the expenditure deadlines for ESG-CV and FY2020 and earlier fiscal year
grants would allow.
Applicability: For recipients that can document they meet the conditions for applying
this waiver to FY21 grants funds,consistent with the justification
paragraph above,the FMR restriction is waived for any individual or
family receiving Rapid Re-housing or Homelessness Prevention assistance
who executes a lease for a unit during the period beginning on the date of
this memorandum and ending on March 31,2022.The ESG recipient or
subrecipient must still ensure that the units in which ESG assistance is
provided to these individuals and families meet the rent reasonableness
standard.
This waiver is only made available with respect to leases and subleases
entered into between the date of this memorandum and March 31,2022.
However,unless HUD notifies the recipient otherwise,the recipient may
continue to use its FY2021 ESG grant finds to assist program participants
housed under this waiver through the end of their otherwise allowable
term of assistance.
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HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS(HOPWA)
The following waivers are made available with respect to all HOPWA grants,whether
funded under the CARES Act,annual HOPWA formula allocations,or under a HOPWA
Renewal Notice or competitive Notice of Funding Opportunity.
19.HOPWA—Property Standards
Requirement: Property Standards for HOPWA
Citation: 24 CFR 574.310(bx2),Housing Quality Standards(HQS)
Explanation: Section 574.310(b)(2)of the HOPWA regulations provides minimum
housing quality standards that apply to all housing for which HOPWA
finds are used for acquisition,rehabilitation,conversion,lease,or repair;
new construction of single room occupancy dwellings and community
residences;project or tenant-based rental assistance;or operating costs
under 24 CFR 574.300(b)(3),(4),(5),or(8).
Justification: On March 31,2020 HUD waived the physical inspection requirement for
tenant-based rental assistance at 24 CFR 574.310(b)for one year so long
as grantees or project sponsors were able to visually inspect the unit using
technology to ensure the unit met HQS before any assistance was provided
and grantees or project sponsors had written policies in place to physically
reinspect the unit after health officials detennined special measures to
prevent the spread of COVID-19 were no longer necessary.
On May 22,2020 HUD waived the physical inspection requirement for
acquisition,rehabilitation,conversion,lease,or repair;new construction of
single room occupancy dwellings and community residences;project or
tenant-based rental assistance;or operating costs for one year so long as
grantees or project sponsors met the criteria outlined in the waiver.On
March 31,2021,HUD again waived this requirement for all applicable
housing types until June 30,2021.On June 30,202 1,HUD extended the
waiver until September 30,2021.
Since the original waiver flexibility expired on September 30,2021,
grantees report that it is challenging to physically inspect units for HQS
because of stay-at-home orders for many grantee workplaces,staffing
shortages,and program clients feeling uncomfortable with other people
entering their units out of fear of contracting COVID-19.As people
experiencing homelessness are at higher risk of COVID-19 infection,and
people living with HIV experience disproportionately poor health
outcomes and higher hospitalization rates due to COVID-19,it continues
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to be important to move people living with HIV quickly into their own
housing. Therefore,HUD is extending the waiver as described below.
Applicability: This waiver is in effect until March 31,2022 for grantees and project
sponsors that can meet the following criteria:
I. The grantee or project sponsor can visually inspect the unit using
technology,such as video streaming,to ensure the unit meets HQS
before any assistance is provided;and
2. The grantee or project sponsor has written policies that require
physical reinspection of the units not previously physically
inspected by June 30,2022.
20.HOPWA—FMR Rent Standard
Requirement: Rent Standard for HOPWA Rental Assistance
Citation: 24 CFR 574.320(a)(2),Rent Standard
Explanation: Grantees must establish rent standards for their rental assistance programs
based on FMR(Fair Market Rent)or the HUD-approved community-wide
exception rent for unit size.
Justification: HUD originally waived the FMR rent standard requirement for tenant-
based rental assistance for one year on March 31,2020.On May 22,2020,
HUD waived this requirement for one year for all rental assistance types.
On March 31,2021,HUD again waived this requirement for all rental
assistance types until June 30,2021. On June 30,2021,HUD again
waived this requirement until December 31,2021.As people experiencing
homelessness are at higher risk of COVID-19 infection,and people living
with HIV experience disproportionately poor health outcomes and higher
hospitalization rates due to COVID-19, it continues to be important ensure
people living with HIV can obtain and maintain housing.Extending this
waiver of the FMR rent standard limit,while still requiring that the unit be
rent reasonable in accordance with §574.320(a)(3),will assist grantees and
project sponsors in ensuring low-income people living with HIV can
obtain and maintain safe,stable housing in tight rental markets.
Applicability: The FMR requirement continues to be waived until March 31,2022.
Grantees and project sponsors must still ensure the reasonableness of relit
charged for a unit in accordance with §574.320(a)(3).
21.HOPWA—Space and Security
Requirement: Adequate Space and Security
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Citation: 24 CFR 374.310(b)(2)(iii),Space and Security
Explanation: This section of the HOPWA regulations provides that each resident must
be afforded adequate space and security for themselves and their
belongings.
Justification: When HUD originally waived this requirement on March 31,2020,an end
date was not established.Grantees and project sponsors operating housing
facilities and shared housing arrangements still report need for flexibility
to use optional appropriate spaces for quarantine services of eligible
households affected by COVID-19.Optional spaces may include the
placement of families in a hotel/motel room where family members may
be required to utilize the same space not allowing for adequate space and
security for themselves and their belongings.Therefore,HUD is
continuing to offer this waiver flexibility,but is establishing an end date of
March 31,2022.
Applicability: This space and security requirement is waived until March 31,2022,for
grantees addressing appropriate quarantine space for affected eligible
households during the allotted quarantined time frame recommended by
local health care professionals.
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Attachment#1 to Memorandum:
Procedure for Using Available Waivers of Program Requirements to Prevent the Spread of
COVID-19 and Mitigate Economic Impacts Caused by COVID-19
This attachment provides further information on the process that grantees must follow to use the
waiver flexibility provided in the memorandum.
Grantees must mail or email notification to the Community Planning and Development Director
of the HUD Field Office serving the grantee.
The email notification must be sent two o days before the grantee anticipates using waiver
flexibility,and include the following details:
• Requestor's name,title,and contact information;
• Date on which the grantee anticipates first use of the waiver flexibility;and
• A list of the waiver flexibilities the grantee will use:
1. CoC/YHDP:Housing Quality Standards—initial Inspection of Unit
2. CoC/YHDP:Suitable Dwelling Size and Housing Quality Standards
3. CoC/YHDP:Fair Market Rent for Individual Units and Leasing Costs
4. CoC/YHDP:One-Year Lease Requirement
S. CoC/YHDP:HQS-Re-inspection of Units
6. CoC/YHDP:Homeless Definition—Temporary Stays in Institutions of 90 Days
or Less
7. CoC/YHDP:Permanent Housing Rapid Re-housing Limit to 24 Months of Rental
Assistance
8. CoC/YHDP:Disability Documentation for Permanent Supportive Housing(PSH)
9. ESG:Homeless Definition—Temporary Stays in Institutions of 90 Days or Less
10.ESG:Assisting Program Participants with Subleases
11.ESG:Helping Current Program Participants Maintain Housing—Housing
Relocation and Stabilization Services
12.ESG:Helping Current Program Participants Maintain Housing—Rental
Assistance
13.ESG:Restriction of Rental Assistance to Units with Rent at or Below FMR
14.HOPWA—Property Standards
15.HOPWA—FMR Rent Standard
16.HOPWA—Space and Security