HomeMy WebLinkAboutC2005-747 - 9/13/2005 - ApprovedFY05 HOME FUNDING AGREEMENT
COASTAL BEND CENTER FOR INDEPENDENT LIVING
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
SECTION 1. PARTIES TO AGREEMENT
(A) This agreement ("AgreemenY') is made and entered into by and between the Cor-
pus Christi Community Improvement Corporation, a non-profit corporation organized
under the laws of the State of Texas ("CCCIC"), and the Coastal Bend Center for lnde-
pendent Living, Inc., a non-profit corporation organized under the laws of the State of
Texas ("Center").
(B) The parties have severally and collectively agreed, and by the execution of this
Agreement are bound, to the mutual obligations and to the perFormance and accom-
plishment of the tasks described in this Agreement.
SECTION 2. AGREEMENT PERIOD
This Agreement commences on the date of execution by the CCCIC and shall ter-
minate on July 31, 2009, unless as otherwise specifically provided by the terms of this
Agreement.
SECTION 3. GRANT FUNDS
(A) The CCCIC agrees to grant the Center up to $125,500 of federal HONIE funds
subject to the terms and conditions in this Agreement.
(B) The Center may utilize up to a maximum of $2,500 for administrative expenses
directly related to the purpose of providing tenant-based rental assistance and any
necessary and associated structural modifications under this Agreement.
SECTION 4. CENTER'S PERFORMANCE
(A) The grant proceeds must be used by the Center to provide low-to-moderate income
families with tenant-based rental assistance, including utility and security deposits, and
any necessary structural rehabilitation of the assisted dwelling units in order to meet
accessibility requirements for individuals with disabilities, up to a maximum of $123,000
("ProjecY'). Each property assisted and rehabilitated constitutes a portion of the
Center's Project.
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(B) All Project dwellings must be located within the territorial limits of the City of Corpus
Christi, Texas.
(C) In this Agreement, low to moderate income families are defined in accordance with
24 CFR 922 and calculated based on 24 CFR 92.203(b)(1), ("Housing"), as these
provisions may be amended.
(D) The Center shail adhere to the Budget, Project Schedule, and Tenant-Based Rental
Assistance Statement of Work (such Statement to be referred to as the "Guidelines"),
copies of which are attached to this Agreement as Exhibits A, B, and C, respectiveky,
and which are incorporated in this Agreement by reference. Any deviation of
pertormance from that stated in the exhibits by the Center must be approved in writing
by the Community Development Administrator on behalf of the CCCIC.
(E) The Center shali administer the Project in accordance with all federal, State, and
Eocal laws, rules, and regulations including, but not limited to, the HOME Investment
Partnerships Act at Title II of the Cranston-Gonzalez National Affordable Housing Act,
as amended, 42 U.S.C. 1z701, et seq., and implementing federal regulations contained
in 24 CFR Part 92; the published federal HOME Program Guidelines; and Exhibit D,
entitled "Other Federal Requirements," which is attached to this Agreement and which is
incorporated in this Agreement by reference.
(F) The Center agrees to acknowledge the sponsorship of the Corpus Christi Com-
munity Improvement Corporation at any event promoting the Project or any other
Project sponsor.
(G) The Center shall perform all activities in accordance with the terms of the assur-
ances, certifications, and all other statements made by the Center in its application to
the City of Corpus Christi for the Project funded under this Agreement; and with all other
terms, provisions, and requirements set forth in this Agreement.
(H) The parties agree that, in the event of a confiict between or contained in any law,
rule, regulation, or any document attached to this Agreement, the federal HOME laws,
rules, and regulations take precedence.
(I) The Center shall execute Exhibit E, entitled "Certification Regarding Lobbying," at
the time of execution of this Agreement, which exhibit is attached to this Agreement
and, once executed, is incorporated into this Agreement by reference.
SECTION 5. CCCIC'S OBLIGATIONS
(A) In consideration of the Center's full and satisfactory performance of the activities
referred to in this Agreement, the CCCIC shall make payments under the grant for the
actual and reasonable costs incurred by the Center during the Agreement period for
performances rendered under this Agreement by the Center, subject to the limitations
set forth in this Agreement.
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(B) It is expressly understood and agreed by the parties that the CCCIC's obligations
under this Section 5 are contingent upon the actual receipt of adequate federal funds to
meet the CCCIC's liabilities under this Agreement. If adequate funds are not available
to make payments under this Agreement, the CCCIC shall notify the Center in writing
within a reasonable time after such fact is determined. The CCCIC shall then terminate
this Agreement and will not be liable for failure to make payments to the Center under
this Agreement.
(C) The CCCIC shall not be liable to grant the Center money for any costs incurred by
the Center which are not allowabie costs, as set forth in 24 CFR 92.206 and Section 7
of this Agreement. Funds provided under this Agreement may not be used for payment
of prohibited activities as defined in 24 CFR 92.214.
(D) The CCCIC shall not be liable to grant the Center money for any costs incurred by
the Center or any performances rendered by the Center which are not strictly in accor-
dance with the terms of this Agreement.
(E) The CCCIC shall not be liable to grant the Center money for costs incurr~d or per-
formances rendered by the Center before commencement of this Agreement or after
termination of this Agreement.
SECTION 6. DISBURSEMENT OF FUNDS
(A) The CCCIC will provide funds under this Agreement in accordance with the require-
ments of 24 CFR 92.502. The Center may not request disbursement of funds under this
AgreemenY until the funds are needed for payment of eligible costs. All work related to
a request for disbursement wiil be inspected prior to disbursement of funds. Funds will
be disbursed within ten (10) working days following completion of an inspection re-
sulting in a favorable review and approval by representatives of the CCCIC.
(B) It is expressly understood and agreed by the parties that payments under this
Agreement are contingent upon the Center's full and satisfactory performance of its obli-
gations under this Agreement. The CCCIC reserves the right to recapture unexpended
funds provided under this Agreement in the event the CCCIC determines that the Cen-
fer will be unable to expend funds within the prescribed time as determined by repre-
sentatives of the CCCIC.
SECTION 7. ADMINISTRATIVE REQUIREMENTS, COSTS PRINCIPLES, AND
PROGRAMINCOME
(A) The Center must comply with federal regulations including, but not limited to, appli-
cable regulations under OMB Circular No. A-122 and the following requirements of 24
CFR part 84: §§ 84.2, 84.5, 84.13 through 84.16; 84.26 through 84.28; 84.30; 84.31;
84.34 through 84.37; 84.40 through 84.48; 84.51; 84.60 through 84.62; 84.72; and
84.73 pursuant to 24 CFR 92.505(b).
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(B) The Center shall maintain records of the receipt, accrual, and disposition of all Proj-
ect and program income funds in the same manner as required for in Section 7.A.
above for all funds provided under this Agreement. The Center shall provide reports of
program income as requested by representatives of the CCCIC and at the termination
of this Agreement.
(C) AI~ program income must be reinvested by the Center and applied towards housing
initiatives for low to moderate income individuais and families, as approved by the
CCCIC and in accordance with federal laws, rules, and regulations, including, but not
limited to, rehabilitation of other rental properties.
SECTION 8. RETENTION AND ACCESSIBILITY OF RECORDS
(A) The Center must establish and maintain those records listed under 24 CFR 92.508
and other records as may be determined by the CCCIC.
(B) The Center shall give representatives of the CCCIC, the Comptroller of the United
States, or any other duly authorized representatives, access to and the right to examine
all books, accounts, records, reports, files and other papers, things, or property belong-
ing to or in use by the Center pertaining to this Agreement. Such rights to access shall
continue as long as the records are retained by the Center. The Center agrees to main-
tain such records in an accessible location.
(C) All records pertinent to this Agreement must be retained by the Center for five
years following the date of termination of this Agreement or of submission of the finai
close-out report, whichever is later, with the following exceptions:
If any litigation, claim or audit is started before the expiration of the five-year
period and extends beyond the five-year period, the records must be main-
tained until all litigation, claims or audit findings involving the records have
been resolved.
2. Records relating to real property acquisition must be retained for the period of
affordability required under 24 CFR 92.254 or 24 CFR 92.252 as applicable,
plus five years.
3. Records covering displacement and acquisitions must be retained for at least
five years after the date on which all persons displaced from the property and
all persons whose property is acquired for the Project have received the final
payment to which they are entitled in accordance with 24 CFR 92.353.
(D) The Center shail include the substance of fhis Section 8 in all subcontracts.
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SECTION 9. REPORTING REQUIREMENTS
(A) The Center shall submit to the CCCIC such reports on the operation and perFor-
mance of this Agreement as may be required by the CCCIC including, but not limited to,
the reports specified in this Section 9. The Center shall provide the CCCIC with all re-
ports necessary for the CCCIC's compliance with 24 CFR 92.509 and 24 CFR Part 92,
Subpart L.
(B) In addition to the limitations on liability otherwise specified in this Agreement, it is
expressly understood and agreed by the parties hereto that if the Center fails to submit
to the CCCIC in a timely and satisfactory manner any report required by this Agree-
ment, the CCCIC may, at its sole option and in its sole discretion, withhold any or all
payments otherwise due or requested by the Center, upon notice in writing of its de-
cision and the reasons. Payments withheld pursuant to this section may be held by the
CCCIC until the delinquent obligations for which funds are withheld are fulfilled by the
Center.
(C) Acknowledgment of Funding Source. The Center shall give credit to the CCCIC as
the Project funding source in all presentations, written documents, publicity and adver-
tisements regarding the Project.
SECTION 10. MONITORING
The CCCIC reserves the right to, from time to time, carry out field inspections to ensure
compliance with the requirements of this Agreement. After each monitoring visit, the
CCCIC shall provide the Center with a written report of the monitor's findings. If the
monitoring reports note deficiencies in the Center's perFormances under the terms of
this Agreement, the monitoring report will include requirements for the timely correction
of the deficiencies by the Center. Failure by the Center to take the action(s) specified in
the monitoring report may be cause for suspension or termination of this Agreement, as
provided in Sections 19 and 20 of this Agreement.
SECTION 11. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties to this Agreement that the CCCIC
is contracting with the Center as an independent contractor, and that the Center, as
such, agrees to hold the CCCIC harmless and to indemnify the CCCIC from and against
any and all claims, demands, and causes of action of every kind and character which
may be asserted by any third party occurring or in any way incident to, arising out of, or
in connection with the services to be performed by the Center uncfer this Agreement.
SECTION 12. INDEMNIFICATION
(A) The Center agrees that it sha/l indemnify the City of Corpus Christi
and the CCCIC (collective/y, "Indemnitees"), their ofiicials, otficers,
employees, representatives, and agents and ho/d the Indemnitees
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harm/ess of, from, and against all claims, demands, actions, dam-
ages, /osses, costs, liabilities, expenses, and judgments recovered
from or asserted against the Indemnitees on account of injury or
damage to person or property to the extent any damage or injury may
be incident to, arise out of, or be caused, either proximate/y or re-
mote/y, wholly or in part, by an act or omission, negligence or mis-
conduct on the part of fhe Center or any of its agents, servants, em-
p/oyees, contractors, patrons, guests, licensees, or invitees entering
upon the Project being assisted or improved pursuant to this Agree-
ment or when any such injury or damage is the result, proximate or
remote, of the violation by the Center or any of its aqents, servants,
emp/oyees, contractors, patrons, guests, licensees, or invitees of any
law, ordinance, or governmental order of any kind, or when any injury
or damage may in any other way arise from or out of the acquisition,
rehabilitation, modification, or construction at the Project or out of the
use or occupancy of tHe Project 6y the Center, its agents, servants,
employees, contractors, patrons, guests, licensees, or invitees, in-
c/uding, without limitation, any damages or costs which may occur as
a result of the design of the rehabilitation, modification, or construc-
tion of fhe Project; the bidding process, actual rehabilitation, modifi-
cation, or construction of the Project; administration of the rehabili-
tation or construction contracts by the Center, the CCC/C or its
designee; failure of the Project prior to completion and acceptance of
the rehabilitation, modification, or construction by the Center; failure
of the rehabilitation, modification, or construction of the Project to
work as designed; failure of any contractor, subcontractor, or manu-
facturer to honor its warranties; or failure of the Center to maintain
the Project.
(B) These terms of indemnification are efiective upon the date of final
execution of this Agreement and regardless of whether the injury or
damage may resu/t from the contributory or concurrent neg/igence of
/ndemnities, but not if the damage or injury may resu/t from the sole
or gross negligence or willful misconduct of /ndemnitees.
(C) The Center covenants and agrees that, if the /ndemnitees are
made a party to any litigation against the Center or in any litigation
commenced by any party other than the Center re/ating to this
Agreement and the Project contemp/ated under this Agreement, the
Center sha/l and wil/ pay all costs and expenses, including reasonable
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attorneys' fees and court costs incurred by or imposed upon the
Indemnitees by virtue of any such /itigation.
(D) The Center, for and in consideration of the CCC/C's participation
in this Agreement, hereby agrees and covenants that the Center will
never insfitute any suit or action at /aw against the Indemnitees, or
their respective officia/s, ofiFicers, agents, representatives, servants,
or emp/oyees related to the performance by any party under this
Agreement, nor institute, prosecute. or in any way aid in the
institution or prosecution of any c/aim, demand, action, or cause of
action for damages, costs, expenses, or compensation related to the
performance by any party under this Agreement.
SECTION 13. SUBCONTRACTS
(A) Except for subcontracts to which the federal labor standards requirements apply,
the Center may not subcontract for performances described in this Agreement without
obtaining the CCCIC's prior written approval. The Center shall only subcontract for per-
formances described in this Agreement to which the federal labor standards require-
ments apply after the Center has submitted a Subcontracfor Eligibility form, as specified
by the CCCIC, for each such proposed subcontract, and the Center has obtained the
CCCIC's prior written approval, based on the information submitted, of the Centers
intent to enter into such proposed subcontract. The Center, in subcontracting for any
performances described in this Agreement, expressly understands that in entering into
such subcontracts, the CCCIC is not in any manner liable to the Center's subcon-
tractor(s).
(B) In no event shall any provision of this Section 13, specifically, the requirements that
the Center obtain the CCCIC's prior written approval of a subcontractor's eligibility, be
construed as relieving the Center of the responsibility for ensuring that the perfor-
mances rendered under all subcontracts are rendered so as to comply with all of the
terms and conditions of this Agreement, as if such performances rendered by a sub-
contractor were rendered by the Center. The CCCIC's approval of a subcontractor's
eligibility under this Section 13 does not constitute adoption, ratification, or acceptance
of the Center's or the subcontractor's perFormance. The act of approval of a subcon-
tractor's eligibility under this Section 13 does not waive any right of action which may
exist or which may subsequently accrue to the CCCIC under this Agreement. The
CCCIC retains at all times the right to insist upon the Center's full compliance with the
terms and conditions of this Agreement.
(C) The Center shall comply with all applicable federal, State, and locai laws, regula-
tions, and rules when making procurements under this Agreement.
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(D) The Center shall comply with all applicable federal, state, and local laws, regula-
tions, and rules during the term of this Agreement.
SECTION 14. CONFLICT OF {NTEREST
The Center shall ensure that no person who (1) is an employee, agent, consultant,
officer or elected or appointed official of the Center that receives funds and who
exercises or has exercised any functions or responsibilities with respect to activities
assisted with funds provided under this Agreement or (2) who is in a position to
participate in a decision making process or gain inside information with regard to such
activities may obtain a personal or financial interest or benefit from a HOME assisted
activity, or have an interest in any agreement, subcontract, or contract (or the proceeds
thereof~ with respect to a HOME assisted activity either for themseives or those with
whom they have family or business ties, during their tenure or for one year thereafter.
The Center shall ensure compliance with applicable provisions under 24 CFR 92.356
and OMB Circular A-110 in the procurement of property and services.
SECTION 15. NONDISCRIMINATION
(A) The Center shall ensure that no person shall on the grounds of race, color, religion,
sex, age, handicap, familiai status, or national origin be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any program or ac-
tivity funded in whole or in part with funds provided under this Agreement.
(B) In addition, funds provided under this Agreement must be made available in accor-
dance with the requirements of Section 3 of the Housing and Urban Development Act of
1968 (12 U.S.C. §170u) such that:
To the greatest extent feasible, opportunities for training and employment
arising in connection with the planning and carrying out of any Project as-
sisted with HOME funds provided under this Agreement be given to low-
income persons residing with the general local government area or metro-
politan area or nonmetropolitan county in which the Project is located; and
2. To the greatest extent feasible, agreements for work to be performed in
connection with any such Project be awarded to business concerns, in-
cluding, but not limited to, individuals or firms doing business in the field of
planning, consulting, design, architecture, building construction, rehabili-
tation, maintenance, or rapair, which are located in or owned in substantial
part by persons residing in the same metropolitan area or nonmetropolitan
county as the Project.
SECTION 16. LEGAL AUTHORITY
(A) The Center assures and guarantees that the person signing this Agreement, on
behalf of the Center, possesses the legal authority to enter into this Agreement, receiva
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funds authorized by this Agreement, and to perForm the services the Center has
obligated itself to perform under this Agreement.
(B) The person or persons signing and executing this Agreement on behalf of the
Center, or representing themselves as signing and executing this Agreement on behaif
of the Center, do hereby warrant and guarantee that he, she, or they have been duly
authorized by the Center to execute this Agreement on behalf of the Center and to
validly and legally bind the Center to all terms, performances, and provisions in this
Agreement.
(C) The Center shali not employ, award contract to, or fund any person that has been
debarred, suspended, proposed for debarment, or placed on ineligibility status by. the
U.S. Department of Housing and Urban Development. In addition, the CCCIC shall
have the right to suspend or terminate this Agreement if the Center is debarred, sus-
pended, proposed for debarment, or is determined to be ineligible from participating in
the HOME Program.
SECTION 17. LITIGATION AND CLAIMS .
The Center shall give the CCCIC immediate notice in writing of (i) any action, including
any proceeding before an administrative agency filed against the Center in connection
with this Agreement and (ii) any claim against the Center reasonably related to this
Agreement. Except as otherwise directed by the CCCIC, the Center shall furnish
immediately to the CCCIC copies of all pertinent papers received by the Center with
respect to such action or claim.
SECTION 18. CHANGES AND AMENDMENTS
(A) Except as specifically provided otherwise in this Agreement, any aiterations, addi-
tions, or deletions to the terms of this Agreement must be by amendment to this docu-
ment in writing and executed by both parties to this Agreement. Modifications which do
not change the essential scope and purpose of this Agreement may be approved on be-
half of the CCCIC by the General Manager.
(B) It is understood and agreed by the parties to this Agreement that performances
under this Agreement must be rendered in accordance with the HOME Investment
Partnership Act of 1990 (the "AcY'), 42 U.S.C. §§12701 et. seq., the regulations pro-
mulgated under the Act, the assurances and certifications made to the CCCIC by the
Center, and the assurances and certifications made to the United States Department of
Housing and Urban Development by the CCCIC with regard to the operation of the
HOME Program. Based on these considerations, and in order to ensure the legal and
effective performance of this Agreement by both parties, it is agreed by the parties that
the performances under this Agreement are amended by the provisions of the HOME
Program, and any future amendments thereto, and may further be amended in the
following manner: The Department of Housing and Urban Development may from time
to time during the term of this Agreement establish, interpret, or clarify performance
Coastal 8end Ctr for Indep Lvg HOME Agmt 072307.doc Page 9 of 17
requirements mandated under this Agreement. The policy directives promulgated in the
form of HOME Issuances shall have the effect of modifying the terms of this Agreement
and shall be binding upon the Center, as if written and included in this Agreement;
provided, however, that said policy directives and any amendments shall not alter the
terms of this Agreement so as to release the CCCIC of any obligation specified in
Section 6 of this Agreement to reimburse costs incurred by the Center prior to the
effective date of the amendments or policy directives, unless othervvise directed or
permitted under federel law.
(C) Any alterations, additions, or deletions to the terms of this Agreement which are
required by changes in federal law or regulations are automatically incorporated into this
Agreement without written amendment and shall become effective on the date desig-
nated by the law or regulation. The CCCIC or the Center may require written changes
or amendments to this Agreement when any substantial alterations, additions, or
deletions to the terms of this Agreement are required by changes in federal law or
regulatians.
SECTION 19. SUSPENSION .
I n the event the Center fails to comply witfi any terms of this Agreement, the CCCIC
may, in accordance with 24CFR 85.43 and upon written notification to the Center,
suspend this Agreement in whole or in part and withhold further payments to the Center,
and prohibit the Center from incurring additional obligations of funds under this
Agreement.
SECTION 20. TERMINATION
(A) The CCCIC may terminate this Agreement, in whole or in part, in accordance with
24 CFR 85.43 and this Section 20.
(B) The CCCIC may terminate this Agreement for convenience in accordance with 24
CFR 85.44. I
(C) In the event the Center materially faiis, as determined by the CCCIC, to comply with
any term or condition of this Agreement, whether stated in a federal statute or regula-
tion, an assurance, in a State plan or application, a notice of award, or elsewhere, the
CCCIC may take one or more of the following actions:
Temporarily withhold cash payments pending correction of the deficiency
by the Center or take more severe enfarcement action against the Center.
2. Disallow all or part of the cost of the activity or action not in compliance.
3. Wholly or partly suspend or terminate the current award for the Center's
Project.
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4. Withhold further HOME awards from the Center.
5. Take other remedies that may be legally available.
(D) Additionally, this Agreement may be cancelled upon a thirty-day notice of
cancellation by mutual agreement of the parties, prior to the receipt of any portion of the
funds to the Center.
SECTION 21. AUDIT
(A) Unless otherwise directed by the CCCIC, the Center shall arrange for the pertor-
mance of an annual financial and compliance audit of funds received and performances
rendered under this Agreement, subject of the following conditions and limitations:
1. The Center shall have an audit made in accordance with 24 CFR 92.506,
24 CFR Part 44. or OMB Circular A-133 for any of its fiscal years included
within the Agreement period specified in Section 2 of this Agreement in which
the Center receives more than $500,000 in federal financial assistance pro-
vided by a federa3 agency in the form of grants, agreements, loans, loan
guaraniees, property, cooperative agreements, interest subsidies, insurance
or direct appropriations, but federal financial assistance does not inciude
direct federal cash assistance to individuals. The term includes awards of
federal financial assistance received directly from federal agencies, or in-
directiy through oiher units of state and local government.
2. At the option of the Center, each audit required by this section may cover
either the Center's entire operations or each department, agency, or estab-
lishment of the Center which received, expended or otherwise administered
federal funds.
3. Notwithstanding Section 5(a)(4), Section 5(a)(5), and Section 6 of this Agree-
ment, the Center may utilize funds budgeted under this Agreement to pay for
that portion of the cost of such audit services properly allocable to the activi-
ties funded by the CCCIC under this Agreement; provided, however, that the
CCCIC shall not make payment for the cost of such audit services until the
CCCIC has received such audit report from the Center.
4. Unless otherwise specifically authorized by the CCCIC in writing, the Center
shall submit the report of such audit to the CCCIC within thirty (30) days after
completion of the audit, but no {ater than one (1) year after the end of each
federal fiscal period included within the period of this Agreement. Audits
performed under subsection A of this Section 21 are subject to review and
resolution by the CCCIC or its authorized representative.
5. As part of its audit, the Center shail verify expenditures according to the
Guidelines attached and incorporated as Exhibit B.
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(B) Notwithstanding subsection A of this Section 21, the CCCIC reserves the right to
conduct an annual financial and compliance audit of funds received and pertormances
rendered under this Agreement. The Center agrees to permit the CCCIC or its
authorized representative to audit the Cente~'s records and to obtain any documents,
materiais, or information necessary to facilitate such audit. Should an audit not be
required by subsection A of this Section 21, the Center shall provide an annual audit to
the CCCIC of funds received in pertormance of this Agreement.
(C) The Center understands and agrees that it shall be liable to the CCCIC for any
costs disallowed pursuant to financial and compliance audit(s) of funds received under
this Agreement. The Center further understands and agrees that reimbursement to the
CCCIC of such disallowed costs shall be paid by the Center from funds which were not
provided or othervvise made availabie to the Center under this Agreement.
(D) The Center shall take all necessary actions to facilitate the performance of such
audit or audits conducted pursuant to this Section 21 as the CCCIC may require of the
Center.
(E) The Center shal{ ensure that all approved HOME audit reports are made available
for public inspection within 30 days after completion of the audit.
SECTION 22. ENVIRONMENTAL CLEARANCE REQUIREMENTS
The Center understands agrees that, by the execution of this Agreement, it shall as-
sume the responsibilities for environmental review, decision making, and other actions
in accordance with and to the extent specified in 24 CFR 92.352 and 24 CFR, Part 58.
SECTION 23. LABOR STANDARDS
All laborers and mechanics employed in the rehabilitation of a Project assisted under
this Agreement that contains 12 or more dwelling units shall be paid wages at rates as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act
(40 U.S.C. §276a-5), and contracts involving their employment shail be subject to the
applicable provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C.
§§327-333). Construction contractors and subcontractors must comply with regulations
issued under these acts and with other federal laws and regulations pertaining to labor
standards and HUD Handbook 1344.1 (Federal Labor Standards Compliance in
Housing and Community Development Programs), as applicable.
SECTION 24. SPECIAL CONDITIONS
(A) Release of Funds. The CCCIC shall not release any funds for any costs incurred
by the Center under this Agreement until CCCIC has received certification from the
Center that its fiscal control and fund accounting procedures are adequate to assure the
proper disbursal of and accounting for funds provided under this Agreement. The
CCCIC shall specify the content and form of such certification.
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(B) Housing Quality Standards. The Center shail ensure that all parts of the Project as-
sisted with funds provided under this Agreement shall meet the requirements of 24 CFR
92.251.
(C) Affirmative Marketing. The Center shall adopt and submit for the CCCIC's approval
affirmative marketing procedures and requirements not later than 30 days after the date
this Agreement is executed. The affirmative marketing procedures and requirements
shali include, but need not be limited to, those specified in 24 CFR 92.351
(D) Reversion of Assets. Upon termination of this Agreement, all funds remaining on
hand on the date of termination and all accounts receivable attributable to the use of
funds received under this Agreement shall revert to the CCCIC. The Center shall return
these assets to the CCCIC within seven (7) business days after the date of termination.
(E) Flood Insurance. Funds provided under this Agreement may not be used in con-
nection with the acquisition or rehabilitation of a development located in an area
identified by the Federal Emergency Management Agency (FEMA) as having special
flood hazards, unless the locality in which the site is located is paRicipating in the .
National Flood Insurance Program.
(F) Displacement, Relocation, and Acquisition. The Center must ensure that it has
taken all reasonable steps to minimize the dispiacement of persons (individuals,
families, and business and nonprofit organizations) as a result of any Project assisted
with funds provided under this Agreement. The Center must comply with the applicable
provisions of 24 CFR 92.353.
SECTION 25. INSURANCE
(A) Liability Insurance. The Center shall have in force throughout the term of this
Agreement comprehensive general liability insurance coverage with a personal/badily
injury endarsement in the minimum amount of $500,000 per person/$1,000,000 per
occurrence and $100,000 for property damage arising out of each occurrence. The
comprehensive general liability shall include a Contractual Liability endorsement. The
insurance policy must name the CCCIC as an additional insured. A certificate to that
effect shall be provided to the CCCIC at least ten (~0) days prior to start of modification
of the dwelling units.
(B) Notice to CCCIC. The Center shall require its insurance policies to provide that the
General Manager of the CCCIC shall be given thirty (30) days advance written notice by
the insurer prior to cancellation, nonrenewal, or material change of the insurance
policies required by this Section 25. The insurer shall be subject to approval by the
CCCIC. Failure to maintain such insurance will be cause for the CCCIC to take control
of the Project and will cancel any claim that the Center may have to the use of the
Project or the Project funds. The Center shall provide the CCCIC with certificates of
insurance reflecting all the required coverages and shall, upon request of the CCCIC,
promptly provide the CCCIC with copies of all such insurance policies.
Coastal Bend CV for Indep Lvg HOME Agmt 072307.doc Page 13 of 17
(C) Right to Re-evaluate and Adjust Limits. The General Manager, and his respective
designees, retain the right to re-evaluate the insurance requirements and adjust the
coverage limits, up or down, upon thirty (30) days written notice to the Center.
Insurance coverage limits shall be adjusted no more frequently than once per year.
SECTION 26. ORAL AND WRITTEN AGREEMENTS
(A) All oral and written agreements between the parties to this Agreement, relating to
the subject matter of this Agreement, that were made prior to the execution of this
Agreement have been reduced to writing and are contained in this Agreement.
(B) The attachments enumerated and denoted below are made a part of this Agree-
ment, are incorporated by reference into this Agreement as if fully set out herein, and
constitute promised performances by the Center in accordance with this Agreement:
1. Exhibit A, Budget
2. Exhibit B, Project Sch~dule
3. Exhibit C, Tenant-Based Rental Assistance HOME Program Guidelines
4. Exhibit D, Other Federal Requirements
5. Exhibit E, Certification Regarding Lobbying
SECTION 27. NOTICES
(A) All notices, demands, requests, or replies provided for or permitted, under this
Agreement by either party must be in writing and must be delivered by one of the follow-
ing methods: (1) by personal delivery; (2) by deposit with the United States Postal Ser-
vice as certified mail, return receipt requested, postage prepaid; (3) by prepaid tele-
gram; (4) by deposit with an overnight express delivery service, for which service has
been prepaid; or, (5) by fax transmission.
(B) Notice deposited with the United States Postal Service in the manner described
above will be deemed effective two (2) business days after deposit with the United
States Postal Service. Notice by telegram or overnight express delivery service in the
manner described above will be deemed effective one (1) business day after trans-
mission to the telegraph company or overnight express carrier. Notice by fax will be
deemed effective upon transmission with proof of delivery to the receiving party. All
such communications must only be made to the following:
Coastal Bend Ctr for Indep Lvg HOME Agmt 072307.doc Page 14 of 17
IF TO CCCIC:
Community Development Office
Attn: Administrator
P. O. Box 9277
Corpus Christi, TX 78469-9277
(361) 880-3186 Office
(361) 844-1740 Fax
IF TO CENTER:
Coastal Bend Center for
Independent Living, Inc.
1537 Seventh Street
Corpus Christi, TX 78404
(361) 883-8461 Office
(361) 883-4820 Fax
(C) Either party may change the address to which notice is sent by using a method set
out above. The Center shall notify the CCCIC of an address change within 10 calendar
days after the address is changed.
SECTION 28. JURISDICTION AND VENUE
The laws of the State of Texas shall apply to any dispute arising under this Agreement.
For purposes of litigation pursuant to this Agreement, venue shall lie in Corpus Christi,
Nueces County, Texas, where this Agreement was entered into and shall be performed.
SECTION 29. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
The Center shall compiy with all federal, State, and local laws, statutes, ordinances,
rules, and regulations and with the orders and decrees of any court, administrative
body, or tribunal related to the activities and performances of the Center under this
Agreement. Upon request by the CCCIC, the Center shall furnish satisfactory proof of
its compliance with this section of the Agreement.
SECTION 30. REMEDIES
It is expressly understood and agreed by the parties to this Agreement that any right or
remedy provided for in this Agreement will not act to preclude the exercise of any other
right or remedy provided under this Agreement or under any provision of law, nor will
any action taken in the exercise of any right or remedy be deemed a waiver of any other
rights or remedies. Failure to exercise any right or remedy under this Agreement does
not constitute a waiver of the right to exercise that or any other right or remedy at any
time.
(EXECUTION PAGES FOLLOW)
Coastal 8end Ch for Indep Lvg HOME Agmt 072307.doc Page 75 of 17
Executed in duplicate originals this ~day of , 2007.
ATTEST:
Corpus Christi Community Improvement
Corporation
~CQ~
Armando Chapa ~
Secretary
Joh . Marez -
Pre i en
ACKNOWLEDGMENTS
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF EVUECES §
This instrument was acknowledged before me on th~" day of ~,
2007, by John E. Marez, President of the Corpus Christi Community Improve nt Corp-
ration, on behalf of the corporation. ~
~ J ~ ~iI1HUKILt-
~ /
T ~OtlNGL -
~
SEC1REfRRJVJ~,
Q~ `
Coastal Bend CV for Intlep Wg HOME Agmt 072307.doc
e
V~~`~
NOTARY PUBLIC, State of Texas
re:^~°~.~n TAMERA L RILEY
~ Notary Pu61ic
i.
SiATE OF TEXAS
~~'•.?,,,;;i~ My Comm. Exp. 05-26-2008
Page 16 of 17
COASTAL BEND CENTER FOR INDEPENDENT LIVING
( /
Ju Telge
Ex utive ~rector
ACKNOWLEDGMENTS
7 27 ~
Dat
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on the ~'1 day of
2007, by Judy Telge, Executive Director of Coastal Bend Center for Indep nden Living,
a nonprofit corporation, on behalf of the corporation.
`,5:~~. LAURISA LYNN BAKLIK
..s.. ... w
a?.°~ `~'s_ Notary Public, State of Texas
' i ~ MY Commission Expires
~~;;f~i ~ :.~ March 09, 2011
NO Y PUBLIC, ~ate of Texas
Coastal Bend Ctr for Indep Lvg HOME Agmt W2307.doc Page 17 of 17
VI/VJ/GVUI 1(~JV~ Ju ~~ ~~~~
Tenant Based Rental Assistance Proiect
City of Corpus Christi - FY05 HOME
Budget
10 vouchers for rental assistance/related $123,000
depasits and utility deposits
Adminisfration amount 2.500
Total budgefi amount $125,500
EXHIgIT "~0-"
CV / VJ/ cVV / 1 r..~v ' .~ -~~+c•• ~•~•~•~~
Tenant Based Rental Assistance Proiect
City of Corpus Christi - FY05 HOME
Projec# Schedule
Begin Date 08/2007
End Date 07/2009
EXHIBIT "B"
EXHIBIT "C"
Coastal Bend Center for Independent Living
Home Investment Partnerships (HOME) Program
TENANT-BASED RENTAL ASSISTANCE (TBRA)
STATEMENT OF WORK
I. PURPOSE
Tenant Based Rental Assistance (TBRA) assists eligible, very low-income and extxemely low income pexsons
with disabilities in paying rental costs for leasing eligible housing of the household's choosing. Corpus
Chiisti Community Impxovement Corpoxation may contract with a Subxecipient to opexate the pzogxam.
The program will assist eligible individuals and households receiving assistance through the Coastal Bend
Centex fox Independent Living, aka Accessible Communities, inc.
This progxam will be opexated in accordance with all applicable rules and zegulations of the funding agency,
the Corpus Chrisu Community Impxovement Corporation and the U.S. Depaxtment of Housing and Uxban
Development (HUD).
As a Subxecipient, the Coastal Bend Centex for Independenc Living will be xequue~ ~o:
1. Ensuxe that tenants axe selected in accoxdance with wxitten tenant selection policies and that
selection critexia meets the above xeferenced HOME pxogram requixements
2. Detexmine xental subsidies based on household income and eligibility
3. Ensute that nondiscxnnination and equal opportunity are offexed to tenants in accoxdance to 24
CFR 5.105 (a).
4. Conduct uutial screening to veiify client eligibility fox HOME TBRA:
a. Establish that tenant ox someone in the household has a disability
b. Document client income using Section 8/Annual Income Detexmination method as outlined
in the publication, Determining Income andAllomancer Under the HOME Prngram
5. Conduct annual tenant tecertification to detexmine assistance based on household size and income
6. Determine amount of secuxity deposits issued on behalf of eligible household/tenant.
7. Have proceduxes to offex/piace HOME TBRA clients eligible for Secuon 8 vouchers on waiting
lists fox Section 8(U.S. Housing Act of 1937 Section 8) and all waiting lists fox Section 8 and
public housing.
CBCIL will also conduct an annual `Recextification of Residency' on the applicant fox the duxation of the
TBRA conttact pexiod.
II. ELIGIBILITY FOR SERVICES
All households xeceiving assistance undex the Agxeement must meet the following cxitexia:
1. This pxogxam will serve only households whose annual gsoss household income, adjusted foc
household size does not exceed 60% of the determined median household income (MFnand/ox
axea median income (AMI), as updated by the Depaxtment of Housing and Uxban Development
(HUD) on annual basis (See Attachment 1). Total Household Income shall be deterinined
accoxding to the Secuon 8/Annual Income method as defined at 24 CFR 5.609.
TENANT BASEO RENTAL ASSISTANCE (TBRA) STATEMENT OF WORK
REVISED OB/07/07
2. The TBRA tenant oT member of the household must meet the Americans with Disabiliues (ADA)
definition of being a person with a disabiliry.
3. TBRA tenants must be woxking towaxd self-sufficiency, with an independent living plan developed
with the Coastal Bend Center for Independent Living's Independent Living staff or with a case
manager fxom a social service agency.
4. TBRA tenants may tequice structuxal modifications to units ox common axeas that are needed to
allow the tenant to have effective use of the housing pzogxam and will be refexced for home
modifications.
5. CBCIL must approve lease as stated on 24 CFR 92.253. CBCIL shall inspect housing initially and
determine compliance with Housing Quality Standards (HQS) as indicated on 24 CFR 982.401.
The CBCIL shall re-inspect annually through a cecertificauon process.
III. ELIGIBLE COSTS AND MAXIMUM ASSISTANCE
1. CBCIL shall be pxovided pxoject costs Teunbuxsements based on the actual rental, secuxity and utility
deposits. CBCIL shall provide xental assistance to ownexs, on behalf of eligible households,
puxsuant to an executed TBRA Agxeement between the Corpus Christi Community Impxovement
Coxporation and CBCIL.
2. The Rent Standard shall consdtute the HUD Published Fau Macket Rents (1~MR) for the Corpus
Chtisti MSA (See Attachment 1). The Rent Standaxd shall detextnine subsidy payments/rental
assistance. Exception to the established FMR tent standard shall not be made without prioc review
and appxoval, and may exceed FMR by ten percent, in accordance with xent xeasonableness and/or
by HUD.
3. Monthly rental assistance shall be paid direcdy to the pxopexty ownex on behalf of the participating
household. Monthly xental assistance may not exceed the diffexence between the established Rent
Standazd adjusted fox unit size as established by HUD, and 30% of household's monthly Adjusted
Gxoss Income (AGI).
4. CBCIL shall establish and requize a minimum tenant contribution to the xent, in accotdance with
those provisions specified at 24 CFR 92.209(h)(2). C$CIL shall detezmine xent xeasonableness as
defuied at 24 CFR 92.209(~, and shall maintain adequate xecords to document occuPancy standards
and rent reasonableness standaxds have been met.
5. CBCIL may pxovide security deposits fox eligible tenants/households. CBCIL may appxove
xeasonable securiry deposits, and shall dixect all security deposit disbuxsements to the pxopexty
ownex, but shall not pxovide ox appxove any sec~ity deposit which exceeds two (2) month's xent, as
deternvned accotding with the established TBRA Rent Standacd. CBCIL shall maintain adequate
tecosds of secutity deposit disbuxsals.
6. Eligible households shall xeceive rental assistance fox a peciod not [o exceed 24 months.
7. Rental assistance shall not exceed the diffexence between the Rent Standaxd and 30% of tenant's
monthly Adjusted Uxoss Income (AG~. The Rent Standaxd shall be the Fait Maxket Rent foi the
Corpus Christi MSA as pxovided by HUD and updated annually.
TENANT BASED RENTAL ASSISTANCE (fBRA) STATEMENT OF WORK
REVISED 06/07/07
IV. ELIGIBLE PROPERTIES AND PROPERTY INSPECTION
TBRA tenants shall select rental housing of their own choosing. All tenant based rental-assisted pxopexties
must be located within the Corpus Chrisu, Tl. CBCIL shall xequixe inspecuon of all properties to ensuxe
propexties meet Secdon 8 Housing Qualiry Standaxds and pexformance and acceptability requixements,
specified at 24 CFR 982.401. Inspectoxs shall have completed trauilng by the Texas Department of
Housing and Communiry Affaixs. CBCIL shall xequire annual pxopexry inspections be conducted on all
tenant based tental-assisted properties, to ensuxe that the propexties meet HQS and pexfoxmance and
acceptability requixements pxiox to tenant move-in.
All pxospective tenant based rental-assisted properties built priox to ]978, that may be occupied by
households having any childxen undex the age of 6, must be inspected fox cracking, peeling, chipping ox
other paint deteriorations pxiox to occupancy. A visual assessment of properties for lead-based paint and
detexioxative condi[ions shall occux initially. IE deterioxating paint is identified, the ptoperty ownex shall, be
xesponsible fox paint stabilization and the CBCIL shall be xesponsible to pexfoxm a clearance exam, after all
paint stabilizarion woxk has been completed. All testing and paint stabilizarion work on the propexty must
be completed in accordance with applicable HUD and EPA xegulations, by personnel with adequate and
appropiiate certiflcauous in inspection, risk assessment, lead maintenance, and/or clearance. The property
ownec shall be xesponsible for incorpoxaring ongoing lead-based paint maintenance into xegular building
maintenance opexations. CBCIL shall follow all applicable HUD and EPA reguladons to ensure pxoper
lead-based paint tesdng and stabilization and/ox abatement. ~
V. LEASING REQUIREMENTS
1. CBCIL shall xeview all feases between a property ownet and an assisted household and shall ensute all
lease pxovisions benveen a pxopetty ownex and assisted household axe in keeping with HUD
xequ~ements under Section 92.252(a) and (b).
2. The lease agzeement as established by and between the tenant and pcoperty ownex, shall be established
fox a pexiod of at least one year, unless by mutual agreement of the tenant and owner, the lease texm
may be established fox less than one yeax.
a. The term of xental assistance must begin on the f~st date of the lease, as evidenced in the lease
agxeement and executed by and between the property owner and the tenant, and as evidence in the
agxcement executed by and between CBCIL and the pxopexty ownen CBCIL may provide ot
resume xental assistance on behalf of the tenant only when the lease is cuxrendy in effect; rental
assistance shall not be pxovided to the propetty owner after the lease has tecminated.
3. CBCIL shall ptovide infarmaaon and guidance governing pxopcxty ownec's right to texuzinate tenancy
ox xefusal of lease xenewal that shall:
a. meet tegulatory Tenant and Paxticipant pxotection tequuements specified at 24 CFR 92.253;
b. include notification xequixements;
c. pxovide tenant pxotecuons to ensuce compliance with Faiu Housuig as speciEed at 42 USC 3601-
3G31;
d. be provided in the propexry lease.
TENANT BASED RENTALASSIS7ANCE (TBRA) STATEMENT OF WORK
REVISED 06/P7/07
VI.PROPERTY OWNER/LANDLORD RELATIONS
CBCIL shall provide zental assistance on behalf of the eligible households, dicecdy to the ]andlord. CBCIL
shall act as liaison between assisted households and their Pxoperty Owner/Landloxd and Corpus Chxisti
Community Improvement Corpoxation and shall:
1. Ensure Propexry Owner/Landlord is notified that clients xeceiving assistance under this pxogxam are
only eligible fox TBRA as long as clients follow their independent living plan as developed through the
appxopxiate paxry;
2. Inform clients and Pxopexry Owner/Landloc~ that all clients axe ptovided tental assistance fox up to
twenry-four (24) months;
3. Inform properry owners/landloxds that all security deposits will avaIlable be to the tenant; (see III (5)
fox xeversion of security deposits)
4. Pxovide xeasonable notice to clients and Pxopexry OwneL/Landlocd if clients are at xisk of losing rental
assistance;
VII. DOCUMENTATION
1. CBCIL shall maintain client documentarion on property eligibility for all units subsidized under this
program. Documentation shall miniinally include:
a. Souxce documentation sufficient fox initial cextification of tenant income/infoxmation
b. Souxce documentation adequate fox xecextification of tenant income/infoxmation
c. Pzoof of tenant paxticipation in self-sufficiency activities adininistered throuph a participating agency
d. HQS inspections completed at initial occupancy evidencing minimum property standards have been
satisfied
e. Annual HQS inspections that evidence minimum property standacds have been satisfied
f. Proof of tental subsiciies/rental payments on behalf of tenant to payee
2. All C$CIL files xelated to the TBRA program shall be made available fox xeview and inspection, by
Community Development staff.
VIII. PROCUREMENT OF TBRA SERVICES
1. Request fox Pxo~osal - A Request fox Pxoposals shall be developed annually by CoLpus Chcisti
Community Improvement Corpoxation staff for the availability of HOME, CDBG and ESG funds. The
City shall follow its' established pxocedures fox notification, deadlines and submission of pxoposals.
2. HOME TBRA Pxogxam - Based on Consolidated Plan needs, goals and objectives and other means of
citizen input it was detexmined that HUD HOME funds may be used for the support of TBRA pxogxams.
3. Contxactual Requixement - A wcitten contract agreement ("The Agreement") between Corpus Chrisu
Community Impxovement Corpoxation and CBCIL is xequ~ed. CBCIL must agTee to pxovide and cacry
out all of the activiues and woik 3escribed in the Agreement. Community Development must authorize
the negotiation and execurion of the Agxeement.
Unless othenvise specified, the tetm of [he Agxeement shall be for a tetm of two yeaxs.
TENANT BASFO RENTAL ASSISTANCE (TBRA) STATEMENT OF WORK
REVISED OB/07/07
IX. PROGRAM OPERATIONS
CBCIL shall develop and maintain progxam pxocedures ihat demonstxate how the progxam shall be
carried out. The pxoceduxes shall be based upon this statement of woxk and other requirements of [he
HOME progxam as applicable and the adopted policies of CBCIL.
X. PAYMENTS TO SUBRECIPIENT
1. Community Devclopmcnt shall provide payments to CBCIL for eligible costs incurred. One (1)
teimbursement xequest shall be submitted per month, unless otherwise autharized by Community
Development staff.
2. Adequate souxce documentauon shall be requixed to Pxovide draw request to CBCIL. Source
documentadon may include, but will not be limited to: xeport oE tenant subsidy payments; xeport of
secuxity and utility deposits approved and issued; and receipts fox appxoved costs incutced.
3. Payments may be withheld by Coiiununity Development staff for failuxe to comply with the terms of
the Agseement. Costs determined ineligible must be xeturned to Community Development by CBCIL,
within ten (10) calendar days fxom the date of notification.
4. If TBRA funding will no Ionger be avaIlable under the Agreement, Communicy Development shall
notify CBCIL in wxiting, within a reasonable tune, which shall not exceed thirty (30) days aftex such a
fact, has been detexmuied. Community Development shall noufy CBCIL no less than sixty (60) days
fxom the date such a change shall be made effecuve.
XI. ADDITIONAL REQUIREMENTS
1. Community Development and/ox HUD shall monitox CBCIL pexfocmance undex the Agreement. T'he
texms of monitoring, xecoxd keeping, and accessibility to recoxds shall be set foxth in the Agreement.
CBCIL must maintain all recoxcls related to the TBRA progxam fox a xninimum of 5 yeaxs.
2. CBCIL shall comply with applicable fedexal, state, and local laws in its perfotmance of the Agxeement.
CBCIL shall comply with all applicaUle equal employment oppoxtunity and affixmarivc action laws ox
regulations in all matexial xespects.
3. CBCIL must adhexe to the audit xequuements as applicable in the Agxeement.
4. CBCIL, its govexning body and employees must have no conflict of interest in the pexfoxmance of the
Agxeement In addition, CBCIL shall not employ in any paid capacity a pexson who is a member of the
umnediate family of: 1) a Community Development curxent employee who has discreuonary authoxity
with tespect to this Agxeement; ox 2) a membet of Community Development ox CBCIL's goveming
body.
Any news release, sign, bxoch~e, ox othex advexdsing medium disseminating information pcepaxed by ox
distributed for CBCIL, shall contain a statement that the pxoject is made possible by funding from the
U.S. Depastment of Housing and Urban Development HOME Investment Parmexships Pxogxam
(H(~ME) thcough the Corpus Chxisti Community Impxovement Corpocation/Communiry
Development.
TENANT BASED RENTAL ASSISTANCE (TBRA) STATEMENT OF WORK
REVISED O6/07/07
5. Monthly Reports. CBCIL shall prepaxe and submit to Communiry Development monthly reports
detailing contract acuvity, secuxity and utility deposits issued duxing the tepoxring month. The xepoxt
shall be submitted to Coinmunity Development at the time of the billing for cental subsidy
reimbursement. Monthly xepoxts may be submitted elecrronically.
6. Performance Measucement System Report in formats specified by the Community Development will
be requiied befoce pxoject and after projcct is completed.
7. Client and Demogranhics Report profiling the clients served will be xequixed of this Statement of
Work. The xepoxt shall include only infocmation on unduplicated clients assisted during the pxogxam
year.
8. Closeout Re~ort. At tetmination of the Agxeement or on the last executed extension, whichevez occuxs
first, CBCIL shall subxnit a closeout xepoxt on the housing units and clients served by the TBRA
pxogxam. The closeout tepart shall piovide in naxxative format, a xepoxt of new and continuing subsidies
maintained during xhe term of the Agreement. The narrauve shall clarify any variations in pxojected
subsidies and actual subsidies maintained, and any market ox economic or other factox(s) which
significantly ixnpacted the pxoject, subsidies ox tenant assistance. CBCIL shall confex with the
Community Development contract administratox in pxepaxauon of closeout infoxmation. The closeout
shall be conducted and xeported to Community DeveloPment, no latex than thixty (30) days fxom the
date of tetmina[ion.
9. Any publication pxepared by ox distributed fox CBCIL shall contain language evidencing the
commiunent of compliance with Amesicans with Disabilities Act, and Section 504 of the RehabilitaUOn
Act of 1973. The statement must also include the following language: "this project is made possible by
funding fxom the U.S. Depactment of Housing and Urban Development HOME Investment
Paxtnexships Pxogxam (HOME) thzough the Coxpus Chxisti Community Impxovement Corporadon
/Community Development"
XII. DEFINITIONS:
1. Household is defined as all persons occupying the same housing unit, xegatdless of their xelationship to
each othex.
2. New or Unduplicated Household/Count: is a pexson/household xeceiving tenant based xental
assistance undex the TBRA HOME program fox the fust time, ot a person/household which has not
xeceived tenant based xental assistance within the past 24 months, fxom the date of application. An
unduplicated subsidy also refexxed to as a new subsidy has not been counted or xepoxted, within iast 24
months.
3. A subsidy is defined as xental assistance payment made to the landloxd/ownex on behalf of the eligible
tenant. A TBRA subsidy continues for a 12-month pexiod and is counted only once ducing the progxam
year. The new subsidy count would xeElect the number of households assisted ducuig a peiiod.
4. Duplicate Subsidy Count:l) is a rental subsidy that began duxing a previous xeporting period and 2)
the subsidy has been pxeviously recoxded and repoxted as a subsidy and 3) the subsidy has continued
duxing the cuxxent pxogxam year xepoxted. Any subsidy to a household that has been xecoxded and
xepoxted during any pcevious xeporring period (within the last 24 months) would be considered a
duplicate count.
TENAN7 eASED RENTALASSISTANCE (TBRA) STATEMENT OF WORK
REVISED 08/07/07
5. Progtam Cost is a dixect cost and is the xental subsidy paid on behalf of the tenant/household as
TB1ZA. Adininisrrative costs are not pxogram costs and axe not eligible HOME TBRA costs.
6. Administrative Costs axe the costs associated with accounting fot the use of grant funds, pcepazing
reports, obtaining pxogram audits and othex sunilax costs xelated to administxauon of the gxant aftet
award. TBRA adrnuiistrative costs do include costs of carrying out eligible acuvities far the HOME
TBRA; any cost othcx than the cost of the xental assistance/subsidy is an administrative cost.
7. Annual income also refexted to as Section 8/Annual Income Determination, as defined at 24 CFR Part
5.609, will be used to determine the household income.
8. Adjusted Gross Income (AGI) is defined as annual income minus those deducuons specified at 24
CFR Paxt 5.611. Adjusted income shall be used in calculating maximum xent subsidies to be paid on
behalf of eligible tenants. Rent subsidy is calculated as diffexence between the xent standaxd and 30% of
household AGI.
9. IDIS is the Integxated Disbuxsement and Infoxmation System. IDIS is the draw down and xeporting
system fot the foux CPD foxmula gxant pxogcams. Tenant subsidy ieports pxovided by CBCIL are
xeported to HUD by way of IDIS.
10. Gtoss Rent shall be calculated as followed: appxoved contract rent + urility allowance
11. Contract Rent is defined as the Tent/lease amount approved by the SUBRECPI~NT. Contract xent
shall not exceed 100% cuxrent FMR established for the Corpus Christi Coimnunity Impxovement
Corpoxation (detexmined annually).
12. Rental Assistance is defined as financial assistance in the foxm of xental payment(s) and if applicable a
secuxity dcposit, paid dixecdy to Property Ownet/Lan3loxd on behalf of the tenant.
13. Project cost: any pxogxam delivery costs ox xental subsidy (rent and secuxity deposits) payments, made
on behalf the eligible household/tenant. Administxative costs are not considexed pxogxam delivery ot
pxoject costs. All pxoject costs arc xeunbuxsed on a cost plus zexo basis.
14. Administtative cost: defined as ovexhead and/or adtninistration costs (i.e. supplies, salaxies, gas) and
any costs other than pcogram delivery or project costs.
TENANT BASED RENTALASSISTANCE (TBRA) STATEMENT OF WORK
REVISED O6/07/07
.
Attachment 1
2007 HOME Program Rents
Corpus Christi, TX HUD Metro FMR Area
PROGRAM EFEICIENCY Efficiency 1 SR 2 BR 3 BR 4 BR 5 BR 6 BR
LOW HOME RENT LIMIT 921 951 592 626 698 771 893
HIGH HOME RENT LIMIT 529 560 683 781 851 921 991
For Information Only:
FAIR MARKET RENT 545 560 695 959 1090 1196 1352
50$ RENT LIMIT 921 951 592 626 698 771 893
65$ RENT LIMZT 529 568 683 781 S51 921 991
2007 Adjusted Home lncome Limits
Cotpus Christi, TX HUD Metio FMR Area
1 2 3 9 5 6 7 8
Person Person Person Person Person Petson P2ison Person
308 LIMITS 10,100 11,550 13,000 19,950 15,600- 16,750 17,900 19,050
VERY LOW INCOME(508) 16,850 19,300 21,700 29,100 26,050 27,950 29,900 31,800
60~ LIMITS 20,220 23,160 26,040 28,920 31,260 33,590 35,880 38,160
LOw INCOME (804) 27,000 30,850 39,700 38,550 91,650 44,700 9i,800 50,900
TENANT BASED RENTAL ASSISTANCE (TBRA) STATEMENT OF WORK
REVISED 08/07/07
EXHIBIT D
OTHER FEDERAL REQUIREMENTS
Center shall comply with all federal, state, and local laws and regulations
applicable to the activities and performances rendered by Center undcr this Agreement
including, but not limited to, the laws and the regulations specified in Section I through
VI of this Exhibit C.
I. CIVIL RIGHTS
The Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100;
Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1958-1963 Cornp.,
p. 652 and 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing) and implementing
regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d)
(Nondiscrimination in Federally Assisted Programs) and implementing regulations issued
at 24 CFR Part 1; ~
Executive Order 11063, as amended by Executive Order 12259, and 24 CFR Part 107,
"Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063."
The failure ar refusal of Center to comply with the requirements of Executive Order .
11063 or 24 CFR Part 107 shall be a proper basis for the imposition of sanctions
specified in 24 CFR 107.60;
The prohibitions against discrimination on the basis of age under the Age Discrimination
Act of 1975(42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, and
the prohibitions against discrimination against handicapped individuals under section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24
CFR Part 8;
The requirements of Executive Order 11246 (3 CFR 1964-65, Comp., p. 339) (Equal
Employment Opportunity) and the implementing regulations issued at 41 CFR Chapter
60;
The requirements of Executive Orders 11625 and 12432 (concerning Minority Business
Enterprise), and 12138 (concerning Women's Business Enterprise). Consistent with
HUD's responsibilities under these Orders, each applicant must make efforts to
encourage the use of minority and women's business enterprises in connection with
HOME funded activities. Center must prescribe procedures acceptable to the CCCIC to
establish activities to ensure the inclusion, to the maximum extent possible, of minorities
and women, and entities owned by minorities and women. Center will be required to
identify contracts which have been bid by minority owned, women owned, and by small
disadvantaged businesses;
EXHIBIT D
Page 2 of 3
The Age Discrimination Act of 1975 (42 U.S.C. §~6101 et seq.); and
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and "Nondiscrimination
Based on Handicap in Federally-Assisted Programs and Activities of the Department of Housing
and Urban DevelopmenY', at 24 CFR Part 8. By signing this Agreement, Center understands and
agrees that the activities funded herein shall be operated in accordance with 24 CFR Part 8; and
the Architectural Barriers Act of 1968 (42 U.S.C. Section 4151 et. seq.), including the use of
a telecommunications device for deaf persons (TDDs) or equally effective
communication system.
II. LEAD-BASED PAINT
Title IV of the I,ead-Based Paint Poisoning Prevention Act (42 U.S.C. Sec. 4831).
III. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CPR Part 58, as amended in 47 Fed. Rcg. 15750 (April 12, 1982);
National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et. seq.) and 40 CFR
Parts 1500-1508;
The National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et. seq.) as amended;
particularly Section 106(16 U.S.C. Sec. 470fl;
Executive Order ll 593, Protection and Enhancement of the Cultural Environment, May
13, 1971(36 Fed. Reg. 8921), particularly Section 2(c);
The Reservoir Salvage Act of 1960 (16 U.S.C. Sec. 469 et seq.), particularly Section 3
(16 U.S.C. Sec. 469a-1), as amended by the Archeological and Historic Preservation Act
of 1974;
Flood Disaster Protection Act of 1973, (42 U.S.C. Sec. 4001 et. seq.) as amended,
particularly Sections 102(a) and 202(a) (42 U.S.C. Sec. 4012a (a) and Sec. 4106(a));
Executive Order ll988, Floodplain Management, May 24, 1977 (42 Fed. Reg. 26951),
particularly Section 2(a);
EXHIBIT D
Page 3 of 3
Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 Fed. Reg. 26961),
particularly Sections 2 and 5;
The Coastal Zone Management Act of 1972 (16 U.S.C. Sec. 1451 et seq.) as amended,
particularly Section 307(c) and (d) (16 U.S.C. Sec. 1456(c) and (d));
The Safe Drinking Water Act of 1974 (42 U.S.C. Sec. 201. 300(fl et seq.) and (21 U.S.C.
Sec. 349) as amended, particularly Section 1424 (e) (42 U.S.C. Sec. 300h-303(e));
The Endangered Species Act of 1973 (16 U.S.C. Sea 1531 et seq.) as amended,
particularly Section 7(16 U.S.C. Sec. 1536);
The Wild and Scenic Rivers Act of 1968 (16 U.S.C. Sec. 1271 et seq.) as amended,
particularly Sections 7(b) and (c) (16 U.S.C. Sec. 1278(b) and (c));
The Clean Air Act (41 U.S.C. Sec. 7401 et seq.) as amended, particularly Sections 176(c)
and (d) (42 U.S.C. Scc. 7506(c) and (d)):
Farmlands Protection and Policy Act of 1981 (7 U.S.C. Sec. 4201 et seq.); and
24 CFR Part 51, Environmental Criteria arid Standards.
IV. ACQUISITION/RELOCATION
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C., Sec. 4601 et. seq.), 49 CFR Part 24, and 24 CFR Section 570.496a (55 Fed.
Reg. 29309 (July 18, 1990)).
EXHIBIT E
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or an employee of any agency, a
member of congress, an o~cer or employee of congress, or an employee of a member of congress
in connection with the awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of congress,
an officer or employee of congress, or an employee of a member of congress in connection with this
federal contract, grant, loan, or cooperafive agreement, the undersigned shall complete and submit
with this a Standard Form-11, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accord i ng ly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
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Organization Name