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C2008-150 - 4/8/2008 - Approved
CONTINUUM OF CARE GRANT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND WESLEY COMMUNITY CENTER THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This agreement ("Agreement") is made and entered into by 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 Wesley Community Center, Robstown, Texas ("Subrecipient"), a nonprofit corporation organized under the Paws of the State of Texas. WHEREAS, there being a genuine need for supportive housing services for persons who are homeless and for appropriate facilities in which to provide the services in the City of Corpus Christi; WHEREAS, providing supportive housing services to persons who are homeless promotes the public welfare, health, and safety; WHEREAS, the City is desirous of providing appropriate supportive housing services to persons who are homeless; WHEREAS, appropriate supportive housing services include decent, safe, and sanitary shelter and other services essential for achieving independent living; WHEREAS, the Subrecipient is able and desirous of providing the appropriate supportive housing services to persons who are homeless and in need of assistance in order to improve the quality of their lives; and WHEREAS, the City has allocated Continuum of Care Grant ("COC"} funds in the amount of $134,971 to the Subrecipient for assistance in providing supportive housing services for the homeless. NOW, THEREFORE, the City and the Subrecipient have severally and collectively agreed and, by the execution of this Agreement, are bound to the mutual obligations, performances, and accomplishment of the tasks described in this Agreement. SECTION 1. CITY'S FUNDING OBLIGATIONS. The City agrees to: 1.1 Funding. Provide the Subrecipient not more than One Hundred Thirty-four Thousand Nine Hundred Seventy-one Dollars ($134,971} of COC funds on a reimbursement basis, based on the stated services to be provided pursuant to the --~~-....,,.~ nn.,,,~~+~.,,, fnr Federal Assistance, PIN number TX55013, a copy of which is 2008-150 a and is attached to this Agreement as Exhibit A. M2008-086 oaro8ias Wesley Community Center 1.2 Reimbursement. Reimburse COC funds to the Subrecipient according to this Agreement and as follows: (A) Not more than $128,544 will be reimbursed to the Subrecipient for the provision of essential supportive housing services to the homeless. (B) Not more than $0.00 will be reimbursed to the Subrecipient for payment of operating costs related to supplying supportive housing services for the homeless. {C) Nat more than one half of $fi,427 will be reimbursed to the Subrecipient for the provision of administrative costs related to supplying supportive housing services for the homeless, with the City retaining the remainder far City-related contract administration costs. SECTION 2. SUBRECIPIENT'S FUNDING OBLIGATIONS. Subrecipient agrees to: 2.1 Matching Funds. Contribute and provide the following amount of cash as the required COC grant funding match as shown in Exhibit A: (A) Not less than $32,13fi must be spent by the Subrecipient to provide essential supportive housing services to the homeless. (B) Not less than $0.00 must be spent by the Subrecipient to provide for the aperating costs related to supplying supportive housing services to the homeless. (C) Not less than $O.OD must be spent by the Subrecipient to provide for HMIS costs related to supplying supportive housing services to the homeless. 2.2 Staff and Administrative Support. Provide sufficient staff and administrative sup- port to carry out the stated services, supervise the delivery of supportive housing ser- vices to homeless persons, and provide supervision and oversight, by the Subreci- pient's Board of Directors, of professional services provided by the Subrecipient. 2.3 Services and Facilities. Provide services and utilize the facilities or buildings in accordance with the Continuum of Care Grant Program regulations contained in the United States Code of Federal Regulations ("CFR"), and including, but not limited to, Chase federal requirements contained in Sections 5 and 6 of this Agreement. 2.4 Permits and Licensing. Obtain and maintain any permits, certificates, and licen- ses that are required of the stated services and of the facility or the services offered therein by the State of Texas and any other agencies having regulatory jurisdiction over the facility or services. 2.5 Financial Records. Record financial transactions according to accrual accoun#ing procedures or develop such accrual information through analysis of the documentation on hand and provide an independent audit for such expenditures upon request by the City Manager or the Administrator of the City's Community Development Department ("C D D") . Wesley COC Agmt FY0708.doc Page 2 of 'k 2 2.6 Access to Records. Provide access to all records, documents, reports, or audits regarding the services funded under this Agreement, during regular business hours, #or purposes of the United States Department of Housing and Urban Development ("HUD"), the City, or CDD, in order to conduct audits or monitoring. 2.7 Information and Reports. Provide any information pertinent to this Agreement as the City Manager, the Administrator of CDD, or HUD may from time to time request. Subrecipient shall adhere and comply with the reporting requirements mandated for the Homeless Management Information System (HMIs} administered by the City as a condition of receiving funds under this Agreement. 2.8 Notification of Change. Notify the City within ten (10) days when the scope, funding, staffing, or services being provided by the Subrecipient changes from its cur- rent level. 2.9 Use of Funds. Expend all funds solely for the services described and funded under this Agreement and in accordance with HUD regulations. The Subrecipient shall reimburse the City for all City-provided COC funds expended by the Subrecipien# on services not authorized under this Agreement or that are expended in violation of HUD statutory and regulatory provisions. 2.10 Record Retention. The Subrecipient shall retain all required records for three years following the final payment made under this Agreement or until all pending matters are closed, whichever is later. SECTION 3. TERM; TERMINATION; NOTICES. 3.7 Term. This Agreemen# commences April 1, 2007, in accordance with the grant period, provided the City's City Council has approved its execution, and terminates on March 31, 2009. 3.2 Termination. Either party may terminate this Agreement as of the last day of any month upon thirty (30} days prior written notice to the other party. 3.3 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 following methods: (1) by personal delivery; (2} by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (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 will be deemed effective one (1 }business day after transmission to the telegraph com- pany or overnight express carrier. Notice by fax transmission will be deemed effec- tive upon transmission, with proof of confirmed delivery. Wesley COC Agmt FY0708.doc Page 3 of 12 (C} All such communications must only be made to the following: If to the City: City of Corpus Christi Attn: Admin., Community Dev. P. O. Box 9277 Corpus Christi, Texas 78469-9277 {361) 880-3045 Office (361) 844-1740 Fax If to the Subrecipient: Wesley Community Center Attn: Executive Director P. O. Box 586, Robstown, TX 78380 4015 MacArthur Street, CC, TX 78416 {361) 826-8300 Office (361) 880-6763 Fax (D) Either party may change the address to which notice is sent by using a method set out above. The Subrecipient shall notify the City of an address change within 10 working days after the address is changed. SECTION 4. INSURANCE AND INDEMNITY PROVISIONS 4.1 Liability Insurance. The Subrecipient shall have in force, throughout the term of this Agreement, insurance that complies with the standards in Exhibit B, 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 Administrator of CDD at least ten (10) days prior to any expenditures of COC funds by the Subrecipient. Failure to maintain any of the types and limits of the insurance required by Exhibit A is cause for the City Manager or the Administrator of CDD to terminate this Agreement and cancel any and all reimbursements of COC funds to the Subrecipient. 4.2 Fire and Extended Coverage. The Subrecipient shall also have in force, through- out the term of this Agreement and during the period which the facilities or building must be maintained as a shelter for the homeless in accordance with Section 5.2 of this Agreement and 24 CFR §576.53, as amended, fire and extended coverage insurance in the amount indicated in Exhibit B. Failure to maintain such insurance is cause for the City to terminate this Agreement and cancel any and all reimbursements of COC funds to Subrecipient. 4.3 Notice to City. Subrecipient shall require its insurance companies, written policies, and certificates of insurance to provide that the City must be given thirty (30) days ad- vance notice by the insurer prior to cancellation, nonrenewal, or material change of the insurance policies required by Exhibit B. 4.4 Right to Re-evaluation and Adjust Limits. The 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 Subrecip- ient. Insurance types and limits may not be adjusted more frequently than once a year. 4.5 INDEMNIFICATION. (A) Subrecipient covenants and agrees that it will indemnify and hold City harmless of, from, and against all claims, demands, actions, Wesley COC Agmt FY0708.doc Page A of 'f 2 damages, losses, costs, liabilities, expenses, and judgments re- covered from or asserted against the City on account of injury or damage fo persons or property (including, without limitation on the foregoing, workers' compensation, death, and premises de- fects) to fhe exfenf any such injury or damage maybe incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the City, its officers, employees, or agents ("Indemnitees"), acting pursuant to this Agreement and wifh or without the express or implied invitation or permission of the Subrecipient, or on the part of the Subrecipient or any of its agents, servants, employees, contracfors, patrons, guests, licensees, or invitees entering upon the facilities being used pursuant to this Agreement and with or without the express or implied invitation or permission of the Subrecipient, or when any such injury or damage is the resulf, proximate or remote, wholly or in parf, of the violation by In- demnitees, the Subrecipient or any of its agents, servants, em- ployees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the use or occupancy of the facilities by Indemnitees, the Subre- cipient orany of ifs agents, servants, employees, contractors, patrons, guests, licensees, or invitees, including, but not Limited to, the failure of the Subrecipient to maintain the Facilities. (B) These terms of indemnification are effective upon the date of exe- cution of this Agreement and whether such injury or damage may result from the contributory negligence or concurrent negligence of Indemnitees, buf not if such injury or damage may result from the gross negligence or willful misconduct of Indemnitees. (C) The Subrecipient covenants and agrees that, in case the City is made a party to any litigation againsf fhe Subrecipient or in any Iifigation commenced by any party other than the Subrecipient re- lating to this Agreement, the Subrecipient shall, upon receipt of reasonable notice regarding commencemenf of Iifigafion and at ifs own expense, investigate all claims and demands, attend to their settlemenf or other disposition, defend fhe City in a!1 acfions based thereon with Legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses Wesley COC Agmt FY0708.doc Page 5 of 12 of any kind whatsoever arising from any said claims, demands, ac- tions, damages, Losses, costs, liabilities, expenses, or judgments. (D) Fhe indemnification provisions of this section survive the termina- tion or expiration of this Agreement. 4.6 Subrecipient Contracts; Independent Contractor Status. In no event is the City liable for any contracts made by the Subrecipient with any person, partnership, firm, corporation, association, ar governmental body. All of the services required by this Agreement must be performed by the Subrecipient, or under its supervision. It is agreed by the parties to this Agreement that the Subrecipient is an independent con- tractor providing the services on behalf of the City and that the Subrecipient may not incur any debts or obligations on behalf of the City. SECTION 5. PROGRAM REQUIREMENTS 5.1 Matching Funds. {A) The Subrecipient shall match the COC funding providing by the City with an amount of cash funds from sources other than COC funds. These matching funds must be provided after the date of the grant award to the Subrecipient and the execution of this Agreement. Funds used to match a previous COC grant may not be used to match a subsequent grant award under this Agreement. (B) The Subrecipient shall request payment from the City on acost-certified basis for only those services specified in this Agreement and which are matched on a cash basis in accordance with this Section 5.1 and the regulations contained in the Code of Federal Regulations. The Subrecipient shall submit matching funds support documentation which must be provided with each request for payment. 5.2 Use as an Emergency Shelter. {A) Any building for which COC funds are used by the Subrecipient for use as an emergency shelter for the homeless must be maintained as a shelter for the homeless for not less than athree-year period from the date of execution of this Agreement. {B) Any building for which COC funds are used for the provision of essential supportive housing services to the homeless or payment of maintenance, operation, insurance, utility, or furnishing costs must be maintained as a shel#er for the homeless for the period during which such assistance is provided under this Agreement. A substitute site or shelter may be used during this period so long as the same general population is served. For purposes of this subsection, the term "same general population" means either the same types of homeless persons originally served with COC funds (i.e., battered spouses, runaway children, families, or mentally ill individuals} or persons in the same geographic area. (C) Using COC funds for developing and implementing homeless prevention services does not trigger any period of use requirements. Wesley COC Agmt FY0708.dac Page 6 of 12 5.3 Building Standards. Any building for which COC funds are used to provide supportive housing services for the homeless must meet local government safety and sanitation standards. 5.4 Assistance to the Homeless. The Subrecipient shall assist homeless individuals and families in obtaining access to appropriate supportive housing services, including permanent housing, counseling, supervision, and other services essential far achieving independent living. Additionally, the Subrecipient shall assist homeless individuals and families in obtaining access to other Federal, State, local, and private aid #hat may be necessary to such individuals and families. SECTION 6. ADDITIONAL 1=EDERAL REQUIREMENTS. 6.1 Nondiscrimination And Equal Opportunity. The Subrecipient shall comply with the following requirements: (A) The requirements of the Fair Housing Act, 42 United States Cade ("U.S.C.") §3601-19, and implementing regulations at 24 CFR Part 100 et seq., as each may be amended; Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959-1963 Comp., p. 652, and 3 CFR, 1980 Comp., p. 307), as each may be further amended; Equal Opportunity in Housing Programs and implementing regu- lations at 24 CFR Part 107, as each may be amended; Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§2000d-2000d-4}, as it may be amended; and, Nondiscrim- ination in Federally Assisted Programs and implementing regulations at 24 CFR Part 1, as each may be amended; (B} The prohibitions against discrimination on the basis of age under the Age Discrimi- nation Act of 1975 (42 U.S.C. §§6101-07) and implementing regulations at 24 CFR Part 146, as each may be amended; and the prohibitions against discrimination against otherwise qualified individuals with disabilities under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and implementing regulations at 42 U.S.C. §12101 et seq., and 24 CFR Part 8, as each may be amended. For pur- poses of the COC funding programs, the term "dwelling units" in 24 CFR Part 8, as it may be amended, includes sleeping accommodations; (C) The requirements of Executive Order 11246 and the supplemental regulations issued in 41 CFR Chapter 60, as each may be amended; (D) The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. §1701 u, and implementing regulations at 24 CFR Part 135 and 24 CFR §570.607(b}, as each may be amended; (E) The requirements of Executive Orders 11625, as amended by Executive Orders 12007 (3 CFR, 1971-1975 Comp., p. fi16, and 3 CFR, 1977 Comp., p. 139) (Minor- ity Business Enterprises), as each may be amended; Executive Order 12432 (3 CFR, 19$3 Comp., p. 198) (Minority Business Enterprise Development}, as each may be amended; and Executive Order 12138, as amended by Executive Order 1260$ (3 CFR, 1977 Comp., p. 393, and 3 CFR, 1987 Comp., p. 245} (Women's Business Enterprise), as each may be further amended; and, Wesley COC Agmt FY0708.doc Page 7 of 12 (F) The requirement that the Subrecipient make known that use of the facilities and ser- vices is available to all persons on a nondiscriminatory basis. Where the proce- dures that a Subrecipient uses to make known the availability of such facilities and services are unlikely to reach persons with disabilities or persons of any particular race, color, religion, sex, age, or national origin within the Subrecipient's service area who may qualify for them, the Subrecipient shall establish additional proce- dures that will ensure that these persons are made aware of the #acilities and ser- vices. The Subrecipient shall also adopt and implement procedures designed to make available to interested persons information concerning the existence and location for services and facilities that are accessible to persons with disabilities. 6.2 Applicability of OMB Circulars. The Subrecipient shall comply with the policies, guidelines, and requirements that are applicable to the use of COC funds set forth in the Code of Federal Regulations, in the United States Office of Management and Budget {"OMB") Circular No. A-122, and in all other OMB circulars as each may relate to the acceptance and use of COC funds. 6.3 Lead-based Paint. {A) Subrecipient shall comply with the applicable requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4821-4846), the Residential Lead- Based Paint Hazard Reduction Act of 1992 (42 U.S.C. §§4851-4856), and the implementing regulations at 24 CFR Part 35, as each may be amended. (B) In addition, the Subrecipient shall also meet the following requirements relating to inspection and abatement of defective lead-based paint surfaces: (1) Treatment of defective paint surfaces must be performed before final inspec- tion and approval of any renovation, rehabilitation, or conversion activity under this Agreement; and (2) Appropriate action must be taken to protect shelter occupants from the hazards associated with lead-based paint abatement procedures. 6.4 Conflicts of Interest. In addition to the conflict of interest provisions in OMB Cir- culars A-102 and A-110, no person who is an employee, agent, consultant, officer, ar elected or appointed official of the Subrecipient that receives COC funds and who exer- cises or has exercised any functions or responsibilities with respect to assisted activi- ties, or who is in a position to participate in adecision-making process, or who may gain inside information with regard to such activities may obtain a personal or financial inter- est or benefit from the activity or have an interest in any contract, subcontract, or agree- ment with respect thereto or business ties during his or her tenure and for one year #hereafter. HUD may grant an exception to this exclusion, upon prior written approval, as provided in 24 CFR §583.330, as amended. In the event the Subrecipient desires to obtain an exception to the exclusion from HUD, the Subrecipient must comply with 24 CFR §583.330 and file a written application, containing full disclosure of the facts, with HUD and the Administrator of CDD. 6.5 Use of Debarred, Suspended, or Ineligible Contractors. The provisions of 24 CFR Part 24, as amended, relating to the employment, engagement of services, Wesley COC Agmf FYU708.doc Page $ of 12 awarding of contracts, and funding of any contractors or subcontractors during any period of debarment, suspension, or placement in ineligibility status, are applicable to the Subrecipient. fi.fi Coastal Barriers. In accordance with the Coastal Barrier Resources Act, 16 U.S.C. §3501, as amended, no COC funds may be made available within the Coastal Barrier Resources System. fi.7 Drug Free Workplace Act of 198$. The Subrecipient shall certify that it will main- tain adrug-free workplace in accordance with the requirements of 24 CFR Part 24, Subpart F, as amended. fi.8 Copeland Act. The Subrecipient shall comply with the Copeland "Anti-Kickback" Act, 18 U.S.C. §874, as amended and as supplemented by United States Department of Labor regulations, 29 CFR Part 3, as amended. fi.9 Contract Work Hours and Safety Standards Act. The Subrecipient shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. §§329 and 333, as amended and as supplemented by United States Depart- ment of Labor regulations, 29 CFR Part 5, as amended. fi.1 a Audit. The Subrecipient is subject to the audit requirements of OMB Circular A-133, as set forth in 24 CFR Part 583, as amended. fi.11 Relocation and Acquisition. Consistent with the other goals and objectives of this Agreement, the Subrecipient shall ensure that it has taken all reasonable steps to minimize any displacement of persons as a result of a project assisted with COC funds. SECTION 7. GENERAL PROVISIONS. 7.1 Validity. 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, sub- division, 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 pur- pose. 7.2 Jurisdiction and Venue. The laws of the State of Texas govern and are appli- cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces County, Texas, where this Agreement was entered into and must be performed. 7.3 Nonexclusive Services. Nothing in this Agreement may be construed as prohibi- ting the Subrecipient from entering into contracts with additional parties for the perfor- mance of services similar or identical to those enumerated in this Agreement, and nothing in this Agreement may be construed as prohibiting the Subrecipient #rom re- ceiving compensation from such additional contractual parties, provided that all other terms of this Agreement are fulfilled. Wesley COC Agmt FY0708.doc Page 9 of 12 7.4 Modifications. Modifications to this Agreement are not effective unless signed by a duly authorized representa#ive of each of the parties to this Agreement. Modifications which do not change the essential scope and purpose of this Agreement may be ap- proved on behalf of the City by the City Manager. 7.5 Copies of Rules and Regula#ions. Copies of some of the rules and regulations referenced in this Agreement have been provided to the Subrecipient as evidenced by the Subrecipient's COC Compliance Affidavit, which is attached to this Agreement as Exhibit C 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 C does not waive the Subrecipient's compliance there- with as required by law. 7.6 Disclosure of Interest. 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 D, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. 7.7 Certification Regarding Lobbying. Subrecipient shall complete the Certification Regarding Lobbying form, which is attached to this Agreement as Exhibit E, the con- tents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. (EXECUTION PAGES FOLLOW) Wesley COC Agmt FY0708.doc Page 10 of 12 Executed in duplicate originals this ATTEST: Armando Chapa City Secretary Approved as fo form: ~ ~, 2OD$ Eliz th R. Hundley" Ass tant City Attorney for the City Attorney ACKNOWLEDGMENT .. ~ ~ ~ ~.SL :.~ AUTHURI[t~ ~Y fvQUIYCII ....~.g~~ gam, ............. 3E(;itFrA~tY f ~ . STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on `~- , 2DD8, by George K. Noe, City Manager of the City of Corpus Chris i, Texas municipal home- rule corporation, on behalf of the corporation. Notary Public, State of Texas •'"" •~'~; C~JNEE PARKS e~' '.: •#= MY COMMISSION EXPIRES ~~~~'~,•I'~*t~ htavertiher8,2E111 "T" day of lch~t , 2DO8. CITY OF CORPUS CHRISTI rge K. Noe City Manager Wesley COC Agmt FY0708.doc Page 11 of 12 SUBRECIPIENT: WESLEY COMMUNITY CENTER, ROBSTOWN, TEXAS Signature ate ~- Printed Name ~~ ~, ~~~- Title ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was a c owledged before me on ~ 3 , 2008, b~Y F.d,d ~ < .~~c-~~i~ ~~tiaS, in hislher capacity as the f"xee~-Fide. ~-~'~~tn!' of Wesley Community Center, Robstown, Texas, a Texas non-profit corporation, on behalf of the corporation. .F ~,~.,, ~`,.~e,~~- LAURfSA LYNN BAKLIK Nota Public State o e s 3>~ ^= Notary Public, State of Texes ' ?,€ My Commission Expires ~ ~, MOr~h 09, 701 t Wesley COC Agmt FY0708.doc Page 12 of 12 Wesley Community Center ~y Community Center Child Care DUNS # 114244242 Section I: Project Summary Information Part A: General Project Information {All Proiects) 1. Project Priority Number 2 ^ New Project list Previous Grant Number: 3. if renewal (Pram Project Priority Chart in Exhibitl): , previous grant number TX 59B601 003 & project identifier ^ Check bax if project is a ®Renewal Project number {PIN): PIN Number: #1 Priority Samaritan Bonus TX55013 Project 4. HiJ - ed CoC Name: 5. CaC Number: us Chrts ' ueces Co o TX-501 6. A 's Organization me (Leal Name.from SF-424) 8. A licant's DUNS Number ' CO us Christi ~ - 4 rom~ - 7. Check box if Applicant is a Faith-Based Organization ~~06944577$~ ® Check box if Applicant has ever received a federal grant, either directly from a federal enc or throw a statellocal a enc ' 9. Project Applicant's Address (From SF-424) 10. A li foyer Stree#: 1201 Leopard St. ratification Number ) (From Ci Co us Christi State: Texas Zi :78401 SF-424j: 74-6000574 1 1. Contact person of Project Applicant: (From SF-424) Name: Rudy L. Bentancourt, MPA Phone number: 361-826-3021 12. ^ Check box if Project Title: Program Manager Fax number: 361-844-1740 Applicant is the same as Project Community Development Email Address: Sponsor De artment rud b cctexas.com 13. Project Name: ~ 14. Project's location 6-digit Wesley Community Center Child Care Geographic Code: 484355148120b 15. Project Address (SfC SRAs, if multiple sites list all addresses including): 18. ^ Check box if Energy Star is Street: 4015 MacArthur used in this project Ctty: Corpus Christi State: TX Zip: 7841616. 19. Project Congressional District(s): ^ Check box if project is located in a Rural Area Not Applicable ~ 27 l7. if ro'ect contains housin units, are these units: ^ Leased? ^ Owned? NA 20. Project Sponsor's Organization Name (lf different from Applicant) 22. Sponsor's DUNS Number: Wesle Communi Center - # 114244242 ~ 21. Check box if Project Sponsor is a Faith-Based Organization Check box if Project Sponsor has ever received a federal grant, either directly from a federal a enc or throw a statellocal a enc 23. Project Sponsor's Address (if different from Applicant) 24. Sponsor's Employer Street: 401 S MacArthur Identifcation Number {EIN): Ci Co us Christi State: TX Zi :78416 74-1185657 25. Contact person of Project Sponsor (if different from Applicant} Name: EddieJackson-Mathis Phone number: 361-$$0-8300 Title: Executive Director Fax number: 361-880-6763 Email Address: wcc 1942 aal.com EX~IBIT i~~ Wesley Community Center ~y Community Center Child Care DUNS # 114244242 Section I: Project Summary Information Part A: General Proiect Information (AII Proiects~ l . Project Priority Number 2 ^ New Project list Previous Grant Number: 3. if renewal (From Project Priority Chart in Exhibitl): , previous grant number ~ 59B601 003 & project identifer ^ Check box if project is a ®Renewal Project number {PIN): PIN Number: #1 Priority Samaritan Bonus TX5S013 Project 4. Hi.1 - ed CoC Name: 5, CoC Number: us Chris ' ueces Co o ' TX-501 6. A Organization me (Leda] Name from SF-424) 8. A licant's DUNS Number O Lis C11rISti - rom ~ 7. Check box if Applicant is a Faith-Based Organization ~ -06944577 ®Check box if Applicant has ever received a federal grant, either directly from a federal a enc or throw a statellocal a enc ` 9. Project Applicant's Address {From SF-424) 10. A lie foyer Street: 1201 Leopard St. ratification Number ) {From Ci Co us Christi State: Texas Zi :78401 -424 : 74-600057Q 11. Contact person of Project Applicant: (From SF-424) Name: Rudy L. Bentancourt, MPA Phone number: 361-$26-3021 12. ^ Check box if Project Title: Program Manager Fax number: 361-844-1740 Applicant is the same as Project Community Development Email Address: Sponsor De artment rud b cctexas.com 13. Project Name: ~ 14. Project's location 6-digit Wesley Community Center Child Care Geographic Cade: 489355/481206 15. Project Address (5+C SRAs, if multiple sites list all addresses including}: i8. ^ Check box if Energy Star is Street: 401 S MacArthur used in this project City: Corpus Christi State: TX Zip: 7841616. 19. Project Congressional District{s): ^ Check box if project is located in a Rural Area Not Applicable TX 27 l7. ]f ro'ect contains housin units, are these units: ^ Leased? ^ Owned? NA 20. Project- Sponsor's Organization Name (lf different from Applicant) 22. Sponsor's DUNS Number: Wesle Cornmunit Center # 114244242 ~--- 21. Check box if Project Sponsor is a Faith-Based Organization Check box if Project Sponsor has ever received a federal grant, either directly from a federal a enc or throw a statellocal a enc 23. Project Sponsor's Address {if different from Applicant) 24. Sponsor's Employer Street: 4015 MacArthur Identification Number (EIN): Ci Co us Christi State: TX Zi :78416 74-1185657 25. Contact person of Project Sponsor (if different from Applicant) Name: Eddie Jackson-Mathis Phone number: 361-$80-8300 Title: Executive Director Fax number: 361-880-6763 Email Address: wcc1942 aal.com 1 ~ e~7 Wesley Community Center `'•Vesley Community Center Child Care DUNS # 1 14244242 Part B: Project Summary Budget B1. Supportive Housing Pra~ram (BHP) (All SHP Projects) a. SHP Pro ram c. Grant Term* (Check only one box) b. Component Types (Check only one box) ^ ^ ® ^ ^ Safe Haven/TH ^ ^ TH PH SSO HMxS ^ Safe Haven/PH 1 Year 2 Years 3 Years d. Proposed e. SHP Dollars f. Cash Match g. Totals SHP Activities Re uest Col. e + Col. 1. Acquisition 0 0 0 2. Rehabilitation 0 0 0 3. New Construction 0 0 0 4. Subtotal 0 0 0 Lines 1 throu h 3 5. Real Property Leasing 0 0 ' From I.easin Bud et Chart 6. Supportive Services 128,544 32,13b 160,680 From Supportive Services Budget Chart 7. Operations 0 0 0 From Operating Budget Chart 8. HMIS 0 0 0 From HIviIS Budget Chart 9. SHP Request 128,544 Total Budget (Subtotal lines 4 through 8) ~ Total (Total SHP 10. Administrative Costs 6,427 Cash Match Request + Total U to 5% of line 9 Cash Match) 11. Total SHP Request 134,971 32,135 167,107 otal lines 9 and 10 "New projects must be 2 or 3 years, except new HMIS projects and new hold harmless reallocation projects, which can be I, 2 or 3 years. B2. Shelter Plus Care (S+C) (All S+C Projects) Not Applicable. B3, Section 8 Single Raom Occupancy (SRO) (All Section 8 SRO Projects) Not Applicable. Part C: Point in Time Housing and Participants Chart {All projects Except Dedicated HMIS Projects} 1. Housing Type* Ia. Multi-family lb ^ Scattered Site (Check all that apply) ^Bingle-family . ^ Project Based Not A licable. ^ Con re ate Facili a. Current b. New Effort or c, Projected 2. Units, Bedrooms, Beds Level Change in Effort Level Not A livable. (Point-in-Time) (If Applicable) '(column a + col. b) Number of Units 0 0 0 Number of Bedrooms 0 0 0 Number of Beds 0 0 0 i ~ tj form Ht~n-aoa9o-2 Wesley Community Center vesley Community Center Child Care DUNS # 114244242 3, Participants a. Number of Households with 35 0 35 De endent Children i. Number of adults 30 0 30 ii. Number of children 35 0 35 iii. Number of disabled ersons 12 0 i 2 b. Number of Households 0 0 0 without De endent Children i. Number of disabled ersons 0 0 0 ii. Of all disabled persons, number 0 0 0 of chronicall homeless "`Housing Types: Multi-family (apartments, duplexes, SROs, other buildings with 2 or more units); Single-family; Con re ate Facili dormito barracks shared-li~in Part D: Tar eted Sub o ulations {All Projects Exce t Dedicated HM1S Projects 1. Homeless Sub o ulations 2. A roximate Percents es Chronicall Homeless as defined~b HUD 0% Severel Mentall Ill 10% Chronic Substance Abusers 48% Veterans 0% Persons with HIV/AIDS 0% Victims of Domestic Violence 20% Unaccompanied Youth ~ Under l.$ ears of a e 0 Part E: Discharge Policy (Only State & Local Government Applicants) Not Applicable. Part F: Project Leveraging Chart {AI1 Projects) Identify Source Date of Value of P Source of Contributio Written Written Cont ibu# on Government* Commitment Commitment or P Private Volunteer Hours Volunteer hours from P 05/11/2007 $ 3,000 Boazd of Directors (average attendance of 25 members, 6 meeting per year for 2 hours eac meetin $10 er hour Operating Funds Annual grant from the. P 05/11/2007 24,000 General Baazd of Globs Ministries Cash Match to this Funds from our P 05/11/2007 32,136 CoC grant proposal Worksource contract fees *Government sources area ro riated dollars. TOTAL: $59,136.00 i ~'. ~ farm HitD-4009U-2 2 Wesley Community Center 'Vesley Community Center Child Care DUNS # 114244242 Part G: Project Participation and Data Coverage in Homeless Management Information System (HMIS) (All Projects Except Dedicated HMIS Projects) 1. Is this project providing client level data to the HMIS either through direct data entry or data upload/integration at least annually? ®Yes ^ No a. If no, when does the project anticipate providing client level data to the HMIS? If b. If yes, is the client level data collected on al! not applicable, briefly explain. persons served by the project provided to the HMiS? ®Yes ^ No (m~yyyy} Part H: Renewal Performance (All Renewal Projects) Are there any unresolved HUD monitoring findings, or outstanding audit 1. ^Yes ®No Endings related to this project? If "Yes," briefly describe. Are there any significant changes in the project since the last funding approval? Check all that apply: ^ Number of persons served: from to ^ Number of units: from to 2. ^Yes ®No ^ Location of project sites. ^ Line item or cost category budget changes more than 10%. ^ Change in target population. ^ Change in project sponsor. ^ Change in component type. ^ Other: Please explain changes: H: Renewal Performance (P'or all S+C, SHP-PH, SHP-TH, SHP-Safe Haven, and SSO Renewals Use information Pram the mast recently submitted Annual Progress Report (APR) to answer questions 3, 4, and 5. If an APR has not yet been submitted for this renewal project, please check the NIA box and ski these uestions. ^ NIA 3. Permanent Housing (PH) Performance (To be filled out by all SHP and S+C renewal permanent housing projects, including both SHP-PH and SHP-Safe Haven permanent housing}. Complete the following chart using data based on the most recently submitted APR Questions 12(a) and 12 b): Not A licable: 4. Transitional Housing (TH) Performance {To be filled out by all SHP renewal transitional housing projects, including both SHP-TH and SHP-Safe Haven transitional housing}. Complete the following chart using data based on the most recently submitted APR Question 14: Not A licable. 5. Supportive Services -Mainstream Programs and Employment Chart (To be filled out by aIi S+C and SHP renewals, except dedicated HMIS projects) Based on responses to APR Question l l complete the following: 1 2 3 4 Number of Adults Who Left Income Source Number of Exiting % with Income {Use the same number Adults with Each Source at Exit in each row) of Income (CoI.3 = Col. 1 x w >I ao 42 a. SSI i 2.4% 42 b. SSDI 0 0 42 c. Social Security 0 0 i ,~ ,;-, form HUD-40090-2 3 Wesley Community Center `yesley Community Center Child Care DUNS # I I4244242 42 d. General Public Assistance fl 0 42 e. TANF 16 3 8.1 42 £ SCHiP 0 0 42 g. Veterans Benefits 0 0 42 h. Employment Income l3 31.0% 42 i. Unemployment Benefits 2 4.8% 42 j. Veterans Health Care 0 0 42 k. Medicaid 31 73.8% 42 1. Food Stamps 37 88.1% 42 m. Other (Child Support) 5 14.3% 42 n. No Financial Resources 15 35.7% Section II: Project Budgets Part I: SHP Project Budgets (All SHP Projects as Applicable} I1. SHP Leasing Budget (All SHP Projects with Leasing) Not Applicable. I2. SHP Supportive Services Budget (All SHP Projects as Applicable) SHP Dollars Re nested Supportive Services Costs Year i Year 2 Year 3 Total 1. Qutreach ~ 0 0 0 0 2. Case Management 0 0 0 0 3. Life Skills (outside of case management) 0 0 0 0 4. Alcohol and Drug Abuse Services 4 0 4 0 5. Mental Health and Counseling Services 0 0 0 0 6. HIVIAIDS Services 0 0 0 0 7. Health Related & Home Health Services 0 0 0 0 8. Education and Instruction 0 0 0 0 9. Employment Services 0 0 0 0 l0a .Child Care Quantity: 1 Director @ $25,000 @ 44%= 8,800.00 0 0 8,$00.00 $11,aoo 10b. Child Care Quantity: 1 Supervisor @ $19,000 @ 6,588.00 0 0 &,588.00 44%=$8,360 10c. Child Care Quantity: 10 Caregivers @ average wage of Sg 573.00 0 0 58 573 00 $8.00 per hour @ 40 hours for 52 weeks , , . $1 b5,40 44%=$73,21 d lla. Transportation Quantity: i Van Driver @ $8.00 per hour for 10 3,328.00 0 0 3,32$.00 hours er week for 52 weeks=$4,1 GO 116. Transportatiod Quantity: 1 Van Aide @ $7.00 per hour for 10 2,912.00 0 0 2,912.00 hours er week for 52 weeks=$3,540 llc. Transportation 240.00 0 0 240 00 ~ uanti : 5 child safe seats $b0 each=$300 . ~ r! ~`~ form HUD-00090-2 4 Wesley Community Center 'vesley Community Center Ghild Care DUNS # 114244242 11d. Transportation 6,260 00 0 0 260.00 6 Quanti :Van as and maintenance , 12. Transitional Living Services 0 0 0 0 Quanti 13a. Other {must specify *) Quantity: Quantity: l Records and Enrollment 6,336.00 0 0 6,336.00 Clerk $18,000 44%=$7,322 13b. Other (must specify *} Quantity: 1 Building and Grounds Caretaker @ 5,632.00 0 0 5,632.00 $16,000 44%= $7,040 13c. Other (must specify *} Quantity: 1 Cook @ $8.00 for 40 hours for S2 5,857.04 0 0 5,857.00 weeks=$16,640 44%=$7,321.60 13d. Other {must specify *) Supplies Quantity: Toys, books, chairs, crayons, paste, construction paper, paper towels, diapers, diaper 23,406.00 0 0 23,406.00 wipes, facial tissues, washing supplies, blankets, etc. $66,495 er ear 44%=$29,257 13e. Other {must specify *) Printing Quantity: 80 each day 5 days a week for 52 512.00 0 0 512.00 weeks 0.07=$1,456 44%=640 14. Total SHP dollars requested:** 128,544 0 0 128,544 lines 1 to 13 *If not specified, the costs will be removed from the budge **Total of Line .l4 must match -ine b, column e., on the Project Summary Budget The amount of the SHP request entered must be no more than 80 ercent o the Total Su ortlve Services Costs entered on Line I6. 15.Total cash match to be spent an SHP 32,136 0 0 32,136 ell ible su ortive service activities: 16. Total su ortive services costs: *** 160,6$0 0 0 160,680 *** The Total Supportive Services Costs includes the cash match entered on line IS, and the SHP dollars requested on line 14. The total o Lltte 16 must match line 6, column ., on the Project Summa Bud et. I3. SHP Operating Budget (All SHP Projects with Operating Costs) Not Applicable I4. SHP New Project Multiple Structures Budget (All New SHP Pro,~ects as Applicable} Not Applicable. I5. SHP HMIS Budget (All SHP Projects with HMIS Costs) Not Applicable. Part J: Shelter Plus Care and Section 8 SRO Project Budgets (All S+C and SRO Projects as Applicable) Not Applicable. Section III: New Project Narratives Not Applicable. s :~ ~ form HUD-40090-2 5 Wesley Community Center ~y Community Center Chiid Gaye DL1N5 # 1 !4244242 `~ C 'r 1 ~ d d C ~ a. ~., ~ ~ u C ~ O ~ .• G ~ O ~ .~ M (J 2 N O ~ ~ ~ ~ ~ 49 d d o ~O 3 ~ ~ 3 ~ ~ ~ Y ~ ~ ~ .- Q~~~ ~ ~ ~ ~ ~ ~ {{~~ ~ d y V m Ti ~ ~ c ~ a E Q y '~ G7 a ~ O ~ q~p ~ Q ~ IL '~ ~ m qo a ,~ j ~ ~ ~ 0. F ~ a ~ ` C N d m ci ~I C ~ a g a ¢ a a a a af°i~ ~ ~ ~ ~ ~ ~ ~ ~a ~ M M ~~=1c 1 ~. '~ o „. m ~ 4 N N s ~,F t N W w 4 ~ ~ ~ ~ R R W p~ zz~ a ~ a V ~^ Q a a" x b o *. sp .O Y ,~,~. M o d `d ~ L ~ m ~ ~ 0 o O ~ H m ~ a O ~ ~ U a L] LLI -#~HH~HH~H~H~H#~ ~H~H~H#H#H#H~H~H~H~H#H~H~H~H N lp ~ C C ~ ~ ~ '~'- N ~ ~ 'E ~i' Y p C H N R ~ ~ ~L3 mmm~'m:~ m$ ~ ~ c ~ _ ~ ~ ~ o vii lei = C3 ~ Wesley Cornmuriity Centar ApplicantlRecipient tJ•S. Department of Housing 'i,Pl~fi~i~->tEDo~tero64 4~ 23tr2oo9) and Urban Development DisclosurelUpdate Report structions. {See Public Reporting Statement and Privacy Act Statement and detailed instructions on page 2.} r~ IicantlReci lent Information Indicate whether this is an Initial Re{rart ^ or an Update Report X 1 AnnlinanTlRa~iniant NiamP at[d-ess. and Rhone {include area code): 2. Social Security Number or Wesley Community Center 4015 MacArthur Corpus Christi, TX 78498 (369) 880-8300 3. HUD i'rograrn Name Continuum of Care: Supportive Housing Program (SHP) Employer ID Number: 74-1185657 RequestedlReceived $134,971 5. State the name and location (street address, City and Skate) of the project or activity: 4015 MacArthur Corpus Christi, TX 78416 Part I Threshold Determinations 1. Are you applying For assistance for a specific project or activity? These 2. Have ou received ar do you expect to receive assistance within the terms do not include formula grants, such as public housing operating i, of the Department (HUD) ,involving the project or activity in subsidy or CDBG block grants. (For further information see 24 CFR S this app'1i ion, in excess of $200,000 during this fiscal year (oct. 1 - 4.3). Sep. 30)? or further information, see 24 Cf R Sec. 4.9 X Yes ^ No ^ Yes X No. If you answered "No" to either question 1 or 2, Stop! You do not'nee~d`~ complete the remainder of this form. However, you must sign the certification at the end of the report. Part II Other Government Assistance Provided or Requested 1 Expected Sources and Use of Funds. Such assistance includes, but is not limited to, any grant, loan, subsidy, guarantee, insurance, payment, credit, or tax benefit. Agency Type Amount of the (Note: Use Additional pages if necessary.) Part 111 Interested Parties. You must disclose: 1. AI[ developers, contractors, or consultants involved in the application for the assistance or in the planning, development, or implementation of the project ar activity and 2. any other person who has a financial interest in the projector activity for which the assistance is sought that exceeds $50,000 or 10 percent of the assistance {whichever is Iower). Alphabetical list of all persons with a reportable financial interest in the protect or activity {For individuals, give the last name first st in and (Note: Use Addtionat pages it necessary.) tiertlflCation Warning: If you knowingly make a false statement on #his form, yeu may be subject to civil or criminal penalties under Section 1001 of Title 18 of the United States Code. In addition, any person who knowingly and materially violates any required disclosures of information, Including intentional rion- disclasure, is subject to civil money penalty not to exceed $10,000 for each violation. I certify that this information is true and complete. Signature --., Date: (mrNddlyyyyj ~- c~ ~. r r A !~ 05/18/2007 x ~ [; ;°`t Fonn HUD-2880 (3199) Certification of Consistency with the Consolidated Plan U.S. nepartment of Housing and U~ )evT~a~l~~mmunity Center W. ,Community Center Child Care DUNS # 11x244242 I certify that the proposed activitieslprojects in the application are consistent with the jurisdiction's current, agpraved Consolidated Plan, Applicant Name Wesley Community_ Center Project Name Wesley Community Center Child Care Location of the Project 4015 MacArthur Corpus Christ, TX 78416 Name of the Federal Program to which the applicant is applying HUD Continuum of Care: Supportive Housing Program (SHP} Name of Certifying Jurisdiction Ci of Co us Christi Certifying Official of the Jurisdiction Name Danie! Galle og s Jr. Title CD Administrator Signature ,4 . Date May l0, 2007 form HUD-2991(3/98} Page 1 of 1 iJ _ Wester Community Center w Community Center Child Care SURVEY ON ENSURING J.S. DEPARTMENT OF HOUSING DUNS # lglt~~ll~o-aoia EQUAL QPPORTUNITY AND URBAN DEVELOPMENT (Exv. zrzsnao9j FOR APPLICANTS ~'urpose: The Federal government is committed to ensuring that all qualified applicants, small or large, non-religious or faith- based, have an equal opportunity to compete for Federal funding, In order for us to better understand the population of applicants for Federal funds, we are asking nonprofit private organizations (nat including private universities) to fill out this survey. Upon receipt, the survey will be separated from the application. Information provided on the survey will not be considered in any way in making funding decisions and will not be included in the Federal grants database. While your help in this data collection process is greatly appreciated, completion of this survey is voluntary. Instructions for Submitting the 5urvey: if you are applying using a hard copy application, please place the completed survey in an envelope labeled "Applicant Survey." 5ea1 the envelope and include it along with your application package. if you are applying electronically, please submit this surrey along with your application. Applicant's (Organizateon) Name: Wesle Communi Center Applicant's DUNS Number: 114244242 Grant Name: Continuum of Care: Supportive Housing Program , CFDA Number: 14.235 1. Does the applicant have 501(c)(3) status? X Yes ^ No 2, How many full-time equivalent employees does the applicant have? (Check only one boa). ^ 3 ar Fewer X 15-50 ^ 4-5 ^ 51-100 ^ 6-14 ^ over 100 3. What is the size of the applicant's annual budget? 4. Is the applicant afaith-based/religious organization? X Yes ^ No 5. Is the applicant anon-religious community-based organization? ^ Yes X No 6. [s the applicant an intermediary that will manage the grant on behalf of o#her organizations? ^ Yes X No (Check only one box.) ^ Less Than $150,000 ^ $150,000 - $299,999 7. Has the applicant ever received a government grant or contract {Federal, State, or local )? X Yes ^ No ^ $300,000 - $499,999 ^ $500,000 - $999,999 8. Is the applicant a local affiliate of a national organization? X $1,000,000 - $4,999,994 ^ $5,000,000 ar more Yes X No u SF 424- UPP {4RD04} 1~l~ ~~ 2DD7 SUPPORTIVE HOUSING PROGRAM RENEWAL GRANT AGREEMENT This Grant Agreement is made and between the Unite totes Department of Housing and Urban Development (HUD) a The Cit of Co us Christi a Recipient, whose Tax ID number is 74-6000574 and addr s i 1201 Leopard Street, Ca s Christi, TX 78401, far Project Number TX 59 B 7D1 7 fPro~ 'fie er 55D13 ,far project to be located at 4015 MacArthur, Corpus Chri i, TX 78416. The assistance which is the subject of this Grant Agreement is authorized by the McKinney-Vento Homeless Assistance Act 42 U.S.C. 113$1 (hereafter "the Act"). The term "grant" or "grant funds" means the assistance provided under this Agreement. This grant agreement wilt be governed by the Act, the Supportive Housing rule codified at 24 CFR 583, which is attached hereto and made a part hereof as Attachment A, and the Notice of Funding Availability (NOFA) that was published in two parts. The first part was the General Section of the NOFA, which was published January 18, 2007 at 72 FR 2396, and the second part was the Continuum of Care Homeless Assistance Programs NOFA Section of the NOFA, which was published March 13, 2007 at 72 FR 11742. The term "Application" means the original and renewal application submissions on the basis of which a Grant was approved by HUD, including the certifications and assurances and any information or documentation required to meet any grant award conditions. The Application is incorporated herein as part of this Agreement, however, in the event of conflict between the provisions of those documents and any provision contained herein, this Renewal Grant Agreement shall control. The Secretary agrees, subject to the terms of the Grant Agreement, to provide the grant funds in the amount specified below for the approved project described in the Application. Although this agreemenk will become effective only upon the execution hereof by both parties, upon execution the term of this agreement shall run from the end of the Recipient's final operating year under the original Grant Agreement or, if the original Grant Agreement was amended to extend its term, the term of this agreemen! shall run from the end of the extension of the original Grant Agreement term for a period of one year .Eligible casts, as defined by the Act and Attachment A, incurred between the end of Recipient's final operating year under the original Grant Agreement, or extension thereof, and the execution of this Renewal Grant Agreement may be paid with funds from the first operating year of this Renewal Grant. HUD's total fund obligation For this project is $ 134 971 ,allocated as follows: 1. Grant for Operating $ 2. Grant for Supportive Services $_128,544 3. Grant for Leasing $ 4. HMIS 5. Grant for Administration $ 6,427 The Recipient must provide a 2S percent cash match for supportive services. The Recipient agrees to comply with ail requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available. The Recipient agrees to participate in a local Homeless Management Information System (I~MIS) when implemented. The Recipient and project sponsor, if any, will not knowingly allow illegal activities in any unit assisted with grant funds. HUD notifications to the Recipient shall be to the address of the Recipient as written above, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Field Office executing the Grant Agreement. No right, benefit, or advantage of the Recipient hereunder be assigned without prior written approval of HUD. For any praject i'unded by this grant, which is also financed through the use of the Low Income Housing Tax Credit, the following applies: HUD recognizes that the Recipient ar the project sponsor will ar has financed this project through the use of the Law-Income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilitation or construction, then, throughout a period of twenty years from the date of initial occupancy or the initial service prevision, the Recipient or project sponsor shall continue as general partner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the praject site throughout that twenty-year period. If grant funds were not used for acquisition, rehabilitation or new construction, then the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof. Failure to comply with the terms of this pac•agraph shall constitute a default under the Grant Agreement. A default shall consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement, failure in the Recipient's dut to ovide the supportive housing for the minimum term in accordance with the requirements of Attachment A, noncarttpliance with the c ar ac rnent A provisions, any other material breach of the Grant Agreement, or misrepresentations in t]-~e application submissions which, if known by HUD, would have resulted in this grant not being provided. Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following actions: (a) direct the Recipient to submit progress schedules for completing approved activities; or (b} issue a letter of warning advising the Recipient of the default, establishing a date by which corrective actions must be completed and putting the Recipient on notice that more scrious actions will be taken if the default is not corrected or is repeated; or (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or (d} direct the Recipient to suspend, discontinue ar not incur costs for the affected activity; ar (e} reduce or recapture the grant; or {f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or {g} continue the grant with a substitute recipient of HUD's choosing; or (h} other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. No delay or omission by 1:IUD in exercising any right or remedy available to it under th.i5 Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in .any Recipient default. For each operating year in which funding is received, the Recipient shall file annual certifications with HUD that the supportive housing has been provided in accordance with the requirements of the Grant Agreement. This Grant Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. More specifically, the Recipient shall not change recipients, location, services, or population to be served nor shift more than 10 percent of funds from one approved type of eligible activity to another, or make any other significant change, without the prior written approval of HUD. SIGNATURES This Grant Agreen~rc~~t is hereby executed as follo~+ts; LrNITED STATES OF AMERICA Secretary of Hot~sine and Urban Develol7rne~~t sy: Si taturc a~~d Date Dolan Z`. Maldonado Typed name of signatory Di~•cetnr, Office of Coinmunity_Planniri~and Development. Title RECIPIENT C tY 6G ~ rua Naive of Orgartizatiort B y: Autlrc~'ized Signature grid Date G~~tGf k, S p NEE Typed name of signatory ~! tx. Title [m~97t.CGoS Jft, I~Lt. ~2L. 3~~~ 1` X61. ,#114. ! Ofl'icia] Contact Pcrson acid Telephone No. aiid Fax No. ATTACHMENT A PART 58:~1`~PPORTIVI HQI;S[NG PROGRAM Subpart A-•Generat Subpart A-General SeC 583.1 Purpose and scope 583.5 Definitions Subpart B-Assistance Pror~7ded 583• ] 0(1 Types and uses of assistance 583.105 [:rants far acquisition and rehabilitation 5$3.310 Grants for new construction 583.115 Grants for leasing 583,120 Grants for supportive service costs 5$3.125 Grants for operating costs 583.130 Cornmitnten[ of grant amounts for leasing, supportive services, and operating costs 583.135 Administrative costs 5$3. i40 Technical assistance 583.145 Matching requirements 583.150 Limitations on use of assistance 583.155 Consolidated plan StEbpart C-Application and Grant Award P rocess 583.2U0 Application and grant award 583.230 Environmental review 8$3.235 Renewal grants Subpart D-Program Requirements § 5$3,1 Purpose and scope. (a) General. The Supportive Housing Program is authorized by title IV of the Stewart B. McKinney Homeless Assistance Act (the McKinney Aci} (42 U.S.C. 11381-11389). The Supportive Housing program is designed to protttote the development of supportive housing and supportive services, including innovative approaches to assist homeless persons in the transition from homelessness, and to promote the provision of supportive housing to homeless persons to enable them to live as independently as possible. (b) Conepaneitts. Funds under this part may be used for: (1) Transitional housing to facilitate the movement of homeless individuals and families to permanent housing; (2}Permanent housing that provides long-term housing for homeless persons with disabilities; (3} Housing that is, or is part of, a particularly innovative project for, or alternative methods of, meeting the immediate and long-term needs of homeless persons; or (4) Supportive services for homeless persons not provided in conjunction with supportive housing. [58 FR 13871, Mar. l5, 1993, as amended at 6i FR 51175, Sept. 30, 1996) 583300 General operation 583.305 Term of commitment; repayment of grants; ~ 5~•5 Definitions 583.310 prevention of undue benefts Displacement, relocatioYi and ac uisiti As used in this part: Applicant is defined in section 422 1 f 583.315 , q o^ Resident rent ( ) o the McKinney Act (42 U.S.C 11382(1)). For purposes of this definiti 583.320 583.3?5 Site control Nondiscrimination and equal o ortunit on, governmental entities include those that have general governme t l 5 pp y requirements n a powers (such as a city or county), as well as those that have limited or special powers (such 83.330 Applicability of other Federal requirements as public housing agencies). Subpart E--Adtnlnistration Consolidated plan means the plan that a jurisdiction prepares and subnvEs to HUD in accordance 583.40(1 Grant agreement with 24 CFR part 91, 583.4[15 Program changes Date of initial occupant;~ means the date that the 583.410 Obligation and deabligatian of funds, supportive housing is initially occupied by a homeless AUTHORITY: 42 U.S.C. i 1389 and 3535{d} Person for whom HUD provides assistance under this SOURCE; 58 FR l3$71, Mar. l5, 1993, unless P~• if the assistance is for an existing homeless otherwise noted facility, the date of iniiia! occupancy is the date that services are first provided to the residents of supportive housing with funding under this part. 51 Date of irtiticrl service pro~~isian means the date that supportive services are initially provided with funds under this part to homeless persons who do not reside in supportive housing. This definition applies only to projects funded under this part that do not provide supportive pausing. Disabilir;~ is defined in section 422(2) of the McKinney Act {42 U.S.C 113$2(2)). Norneless person means an individual or fancily that is described in section lU3 of the McKinney Act (42 li.S.C 11302?. A1etr•c~politmt city is defined in section 1U2(a)(4j of the Housing and Community Development Act of 1974 {42 U.S.C 5302(a)(4}). In general, metropolitan cities are those cities that are eligible for an entitlement grant under 24 CFR part S7U, subpart D. New construction means the building of a structure where none existed or an addition to an existing structure that increases the floor area by mare than 10[? percent. Dpercrting costs is defined in section 422(5} of the McKinney Act (42 U.S.C 11382(5}}. Uutpatierrtheulth services is defined in section 422(6) of the McKinney Act (42 U.S.C'. 11382(6)}. Pernrcrlaenr housing for homeless persarts with disabilities is defined in section 424(c) of the McKinney Act (42 ll.S.C 11384(c}). Private nonprofit organizcrtian is defined in section 422(7) (A), (B}, and (17} of the McKinney Act (42 U.S.C. ! 1382(7) (A}, {B), and {D)). The organization must also have a functioning accounting system that is operated in accordance with generally accepted accounting principles, or designate an entity that will maintain a functioning accounting system for the organization in accordance with generally accepted accounting principles Project is defined in sections 422(8) and 424(4) of the McKinney Act {42 U.S.C. 11382(8), 113$4(d)}. Recipier:t is defined in section 422(9) of the McKinney Act (42 llS.C. 11382(9}). Rehabilitutiorz means the improvement or repair of an existing structure or an addition to an existing structure that does not increase the floor area by more than 100 percent. Rehabititatipn does not include minor or routine repairs. State is defined in section 422{1 i) of the McKinney Att (42 U.S.C. 11382(11)). Supportive Irarrsing is defined in section 424(a) of the McKinney Act {42 U.S.C. 11384(a}). Supportive services is defined in section 425 of the McKinney Act (42 U.S.C 11385}. Transitional housing is defined in section 424(b} of the McKinney Act {42 U.S.C. 11384{b)). See also § 583.300U). Tribe is defined in section 102 of the Housing and Community Development Aci of I974 (42 U.S.C. 5302}, Urbrxn carrntt~ is defined in section IU2(a}(6) of the Housing and Community Development Act of 1974 {42 LI.S.C 5302(a)(5)). in general,- urban counties are those counties that are eligible for an entitlement grant under 24 CFR part 57U, subpart D. f 6I FRS [ 175, Sept. 30, 1996] Subpart B-Assistance Provided $ 583.)EtHI Types and uses of assistance. {a} Grant assistance. Assistance in the form of grants is available for acquisition of structures, rehabilitation of structures, acquisition and rehabilitation of structures, new construction, leasing, operating costs for supportive housing, and supportive services, as described in §§ 583.105 through 5$3.125. Applicants may apply for more than one type of assistance. (b) Uses of grant assistm7ce. Grant assistance may be used to: (1) Establish new supportive housing facilities or new facilities to provide supportive services; {Z) Expand existing facilities in order to increase the number of homeless persons served; (3}Bring existing facilities up to a level that meets State and local government health and safety standards;, (4) Provide additional supportive services for residents of supportive housing or for homeless persons not residing in supportive housing; (5) Purchase HUD-owned single family properties currently leased by the applicant for use as a homeless facility under 24 CFR part 291; and (G} Continue funding supportive housing where the recipient has received funding under this part for leasing, supportive services, or operating costs. (c) Structures used far rr:ultiple purposes Structures used to provide supportive housing or supportive services may also be used for other purposes, except that assistance under this part will be available only in proportion to the use of the structure for supportive housing or supportive services. S2 (d) 7echnicsil assistance, HUD may offer technical assistance, as described in § 583.140. [5$ FR 13871, Mar. 15, 1993, as amended at 59 FR 36$91, July 19, 1994] § 5$3.1 US Grants for acquisition and rehabilitation. (a) Use. HUD will grant funds to recipients to: (1) Pay a portion of the cast of the acquisition of real praperty~selected by the recipients for use in the provision of supportive housing or supportive services, including the repayment of any outstanding debt on a loan made to purchase property that has not been used previously as supportive housing or for supportive services: (2) Fay a portion of the cost of rehabilitation of structures, including cost effective energy measures, selected by the recipients to provide supportive housing ar supportive services; ar (3} Fay a portion of the cast of acquisition and rehabilitation of structures, as described in paragraphs (a)(1) and (2) of this section. (b) amount. The maximum grant available for acquisition, rehabilitation, or acquisition and rehabilitation is the lower of: { 1) $200,000; or (2) The total cost of the acquisition, rehabilitation, or acquisition and rehabilitation minus the applicant's contribution toward the cost, (c} Increased amounts. In areas determined by HUD to have high acquisition and rehabilitation costs, grants of more than $200,000, but not more than $400,00(), may be available, 583.110 Grants fctr new c©nstruction, (a) Use. HUD will grant funds to recipients to pay a portion of the cost of new construction, including cost-effective energy measures and the cost of land associated with that construction, far use in the provision of supportive housing. If the grant funds are used far new construction, the applicant must demonstrate that the costs associated with new construction are substantially less than the costs associated with rehabilitation ar that there is a lack of available appropriate units that could be rehabilitated at a cost less than new construction. Far purposes of this cost cornparisan, costs associated with rehabilitation or new construction may include the cost of real property acquisition. (b) Amount. The maximum grant available for new construction is the lower of: (1) $400,000; or (2}The total cost of the new construction, including the cost of Sand associated with that construction, minus the applicant's contribution toward the cost of saute. § 583.115 Grants for (easing. (a) General. HUD will provide grants to pay (as described in § 583.130 of this part} far the actual costs of leasing a structure or structures, or portions thereof, used to provide supportive housing or supportive services for up to five years. (b)(1) Leasing structures. Where grants are used to pay rent for all or part of structures, the rent paid must be reasonable in relation to rents being charged in the area for tamparable space. In addition, the rent paid may nai exceed rents currently being charged by the same owner for comparable space. (2} Leasing individual units. Where, grants are used to pay rent for individual hauling units, the rent paid must be reasonable in relation to rents being charged for comparable units, taking into account the location, sire, type, quality, amenities, facilities, and management services. In addition, the rents may not exceed rents currently being charged by the same owner for comparable unassisted units, and the portion of rents paid with grant funds may not exceed HUQ-determined fair market rents. Recipients may use grant funds in an amount up to one rttanth's rent to pay the non-recipient landlord for any damages to leased units by homeless participants. [S8 FR 13871, Mar. 15, 1993, as amended at 59 FR 36891, July 19, 1994] § 583.120 Grants Ivor supportive services costs. (a) General. HUD will provide grants to pay (as described in § 583.130 of this part) for the actual costs of supportive services for homeless persons for up to five years. All or part of the supportive services may be provided directly by the recipient or by arrangennent with public or private service providers. (b) Su~portiue services costs. Costs associated with providing supportive services include salaries paid to providers of supportive services and any other costs directly associated with providing such services. For a transitional housing project, supportive services costs also include the costs of services provided to former residents of transitional housing to assist their adjustment to independent living. Such services may be provided far up to six months after they leave the transitional housing facility. [5$ FR 13871, Mar. 15, I993, as amended at 59 FR 36891, July 19, 1994] 53 § 583.125 Grants far operating casts. (a) General. HUD will provide grants to pay a portion (as described in § 583.130) of the actual operating costs of supportive housing for up to five years. (b) Operating costs. Operating costs are those associated with the day-today operation of the supportive housing. They also include the actual expenses that a recipient incurs for conducting on-going assessments of the supportive services needed by residents and the availability of such services; relocation assistance under § 583,310, including payments and services; and insurance. (cj Recrpie,rt match reguiren~errt for operatirr~r,J costs, Assistance for operating costs will be available for up to 75 percent of the total cost in each year of the grant term. The recipient must pay the percentage of the actual operating costs net funded by HUD, At the end of each operating year, the recipient must demonstrate that it has met its match requiremen[ of the costs for that year. [5$ FR 13$71, Mar. 15, 1993, as amended at 61 FR 51175, Sept. 30, 1995; fi5 FR 30$23, May 12, 20(H?~ ~ 583.130 C©mmittnent of gran# amounts for leasing, supportive services, and operating costs i.ipon execution of a grant agreement covering assistance for leasing, supportive services, or operating costs, HUD will obligate amounts far a period net to exceed five operating years. The total amount obligated will be equal to an amount necessary for the specified years of operation, less the recipient's share of operating casts. (Approved by the Office of Management and Budget under OMB control number 25(}fi-0112) {59 FR 35$91, July 19, 1994] $ 583.135 Administrative costs. {a) General. Up to five percent of any grant awarded under this part may be used for the purpose of paying costs of administering the assistance, (bj Ad,riirai.strative costs. Administrative costs include the costs associated with accounting for the use of grant funds, preparing reports for submission to HUD, obtaining program audits, similar costs related to administering the grant after the award, and staff salaries associated with these administrative costs. They do not include the costs of carrying out eligible activities under §§ 583.105 through 583.125. (58 FR 13$71, Mar. 15, 1993, as amended at fit FR 51175, Sept. 30, 1996) § 583.140 Tech~vcal assistance. {a) General. HUD may set aside funds annually to provide technical assistance, either directly by HUD staff or indirectly through third-party providers, for any supportive housing project. This technical assistance is for the purpose of promoting the development of supportive housing and supportive sen~ices as pan of a continuum of care approach, including innovative approaches to assist homeless persons in the transition from homelessness, and promoting the prevision of supportive housing to homeless persons to enable them to live as independently as possible. (b) Uses of technrcal assistance. HUD may use these funds to provide technical assistance to prospective applicants, applicants, recipients, or other providers of supportive housing or services for homeless persons, for supportive housing projects. The assistance may include, but is not limited to, written information such as papers, monographs, tnanuaIs, guides, and brochures; person-to-person exchanges; and training and related costs. (c) Selection of l,raviders. From time to time, as HUD determines the need, HUD may advertise and competitively select providers to deliver technical assistance. HUD may enter into contracts, grants, or cooperative agreements, when necessary, to implement the technical assistance. [59 FR 36892, duly 19, 1994 § 583.145 Matching requirements. (a) Ceneral. The recipient must match the funds provided by HUD for grants for acquisition, rehabilitation, and new construction with an equal amount of funds from other sources. (b) Cash resources. The matching funds must be cash resources provided to the project by one or mare of the following: the recipient, the Federal government, State and local governments, and private resources. (c) Maintenance of effort. State or local government funds used in the matching contribution are subject to the maintenance of effort requirements described at § 583.150{a). $ 5$3.15© Limitations ota use of assistance. (a) Mairrter~ance of efffort. No assistance provided under this part (ar any State or local government funds used to supplement this assistance) may be used to replace State or local funds previously used, or designated for use, to assist homeless persons. (b) Faith-based activities. (1) Organizations that are religious or faith-based are eligible, on the same basis as any other organization, to participate in the Supportive Housing Program. Neither the Federal 54 government nor a State or local government receiving funds under Supportive Housing programs shall discriminate against an organization on the basis of the organization's religious character or affiliation. (2} Organizations that are directly funded under the Supportive Housing Program may not engage in inherently religious activities, such as worship, religious instruction, or prosely[ization as part of the programs or services funded under this part. If an organization conducts such activities, the activities must be offered separately, in time or location, #'rom the programs ar services funded under this part, and participation must be voluntary fat the beneficiaries of tl~e HUD-funded programs or services. (3} A religious organization that participates in the Supportive Housing Program will retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct Supportive Housing Program funds to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, faith-based organizations may use space in their facilities to provide Supportive Housing Progratn- futtded services, without removing religious art, icons, scriptures, or other religious symbols. In addition, a Supportive Housing Program-funded religious organization retains its authority over its internal governazrce, and it may retain religious terms in its organization's name, select its board members on a religious basis, and include religious references in its organization's mission statements and other governing documents. {4} An organization that participates in the Supportive Housing Program shall not, in providing program assistance, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. (5) Program funds may not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Program funds may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used far conducting eligible activities under this part. Where a structure is used for both eligible and inherently religious activities, program funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements ' applicable to Supportive Housing Program funds in this part. Sanctuaries, chapels, or other rooms that a Supportive Housing Program-funded religious congregation uses as its principal place of worship, however, are ineligible for Supportive Housing Program-funded improvements. Disposition of real property after the term of the grant, or any change in use of the property during the term of the grant, is subject to government- wide regulations governing real property disposition (see 24 CFR parts 84 and 85}. (6} If a State or local government voluntarily contributes its own funds to supplement federally funded activities, the State or local.gavernment has the option to segregate the Z~ederal funds or commingle them. However, if the funds atic commingled, this section applies to all of the commingled funds. (c} Participant control of site, Where an applicant does not propose to have control of a site ar sites but rather proposes to assist a homeless family or individual in obtaining a lease, which may include assistance with rent payments and receiving supportive services, after which time the family ar individual remains in the same housing without further assistance under this part, that applicant may not request assistance for acquisition, rehabilitation, or new construction. j58 FR 13$71, Mar. 15, 1993, as amended at 59 FR 35892, July 19, 1993; 68 FR 5ta407, Sept. 30, 20(13] § S$3.15~ Consolidated plan. {a) Applicants that are States or units Qf general local government. The applicant must have aHUD- approved complete or abbreviated consolidated plan, in accordance with 24 CFR part 91, and must submit a certification that the application .for funding is consistent with the HUD-approved consolidated plan. Funded applicants must certify in a grant agreement that they are following the HUD-approved consolidated plan. (b) Applicants that are not States ar units of general local government. The applicant must submit a certiftcadon by the jurisdiction in which the proposed project will be located that the applicant's application far funding is consistent with the jurisdiction's HUD approved consolidated plan. The certification must be made by the unit of general local government or the State, in accordance with the consistency certification provisions of the consolidated plan regulations, 24 CFR part 91, subpart F. (c) Indian tribes and the hrsularAreas of Guant, the U.S Virgin Islands, Arriericari Samoa, and the Northern Mariana Islands. These entities are not required to have a consolidated plan or to make consolidated plan certifications, An application by an Indian tribe or other applicant for a project that will be 55 located on a reservation of an Indian tribe will not require a certification by the tribe or the State. However, where an Indian tribe is the applicant for a project that will not be located on a reservation, the requirement for a certification under paragraph (b) of this section will apPIY- {d) 7imi~zg~ of consolidated plant certificatiair .subrnrssic~ris. Unless otherwise set forth in the NOFA, the required certification that the application far funding is consistent with the HUD-approved consolidated plan rrrust be subrrritted by the funding application subrrtissican deadline announced in the NOFA. l60 FR 153$(}, Mar. 3U, 1995] Subpart C-Application and Grant Award Process § 583.200 Application and grant award When funds are made available for assistance, HUD will publish a notice of funding availability (NO)~A) in the FEDERAL REGISTER, in accordance with the requirements of 24 CFR part 4. HUD will review and screen applications in accordance with the requirements in section 426 of the McKinney Act (42 U.S.C. 1 l3$5) and the guidelines, rating criteria, and procedures published in the NOFA. [51 FR 51176, Sept. 3fl, 1996] § 583.230 Environmental review. (a) Activities under this part are subject to HUD environmental regulations in part S8 of this title, except that HUD will perform an environmental review in accordance with part 50 of this title prior to its approval of any conditionally selected applications for Fiscal Year 20fH1 and prior years that were received directly from private nonprofit entities and governmental entities with special or limited purpose powers. For activities under a grant that generally would be subject to review under part 58, HUD may make a finding in accordance with § 58.11(d) and may itself perform the environmental review under the provisions of part 50 of this title if the recipient objects in writing to the responsible entity's performing the review under part 58. Irrespective of whether the responsible entity in accord with part 5$ {or I~IIJ17 in accord with part 50) performs the environmental review, the recipient shall supply all available, relevant information necessary for the responsible entity (or HUD, if applicable) to perform for each property any environmental review required by this part. The recipient also shall carry out mitigating measures required by the responsible entity {ar HUD, if applicable) or select alternate eligible property. HUD may,eliminate from eonsideratian any application that would require an EnviroErmental Impact Statement (EIS}. (b) The recipient, its project par7ners and their contractors 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 such eligible activities under this part, until the responsible entity (as defined in § 58.2 of this title) has completed the environmental review procedures required by part 58 and the environmental certification and RROF have been approved or HUD has performed an environmental review under part 50 and the recipient has received HUD approval of the property, HUD will not release grant funds if the recipient or any other party commits grant funds (t.e., incurs any casts ar expenditures to be paid or reimbursed with such funds} before the recipient submits and HUD approves its RROF (where such submission is required}. [68 FR 56131, Sept. 29, 2f303] § 583.235 Renewal grants. {a) General. Grants made under this part, and grants made under subtitles C and D (the Supportive Housing Demonstration and SAFAH, respectively) of the Stewart B. McKinney Homeless Assistance Act as in effect before October 28, 1992, may be renewed on a noncompetitive basis to continue ongoing leasing, operations, and supportive services for additional years beyond the initial funding period. To be considered for renewal funding far leasing, operating costs, or supportive services, recipients must submit a request for such funding in the form specified by HUD, must meet the requirements of this part, and must submit requests within the time period established by KUD. (b) Assistc~rzce available. The first renewal will be for a period of time oat to exceed the difference between the end of the initial funding period and ten years from the date of initial occupancy ar the date of initial service provision, as applicable. Any subsequent renewal will be for a period of time not to exceed five years. Assistance during each year of the renewal period, subject to maintenance of effort requirements under § 583.150(a) may be for: { 1) Up to 50 percent of the actual operating and leasing costs in the final year of the initial funding period; (2} Up to the amount of HUD assistance for supportive services in the final year of the initial funding period; and (3) An allowance for cost increases. (c) HUD review. (1) HUD will review the request for renewal and will evaluate the recipient's performance in previous years against the plans and 56 goals established in the initial application for assistance, as amended. HUD will approve the request for renewal unless the recipient proposes to serve a population that is not homeless, or the recipient has eat shown adequate progress as evidenced by an unacceptably slow expenditure of funds, or the recipient has been unsuccessful in assisting participants in achieving and maintaining independent living. In detet•rnining the recipient's success in assisting participants to achieve and maintain independent living, consideration will be given to the level and type of problems of participants. For ~•ecipients with a poor record of success, HUD will also consider the recipient's willingness to accept technical assistance and to make changes suggested by technical assistance providers. Other factors which wit] affect HUD's decision to approve a renewal request include the following: a continuing history of inadequate financial management accounting practices, indieatians of mismanagement on the part of the recipient, a drastic reduction in the population curved by the recipient, program changes made by the recipient without prior HUD approval, and lass of project site. {~) HUD reserves the right to reject a request From any organization with an outstanding obligation [a HUD that is in arrears or for which a payment schedule has not been agreed to, or whose response to an audit finding is overdue or unsatisfactory. (3) HUD will notify the recipient in writing that the request has been approved or disapproved. (Approved by the Office of Management and Budget under control number 25U5-~(111Z) Subpart D-~-Pragratn Requirements § 583.3t)0 General operation. (a) State and local requirements. Each recipient of assistance under this part Foust provide housing or services that are in compliance with all applicable State and local housing codes, licensing requirements, and any other requirements in the jurisdiction in which the project is located regarding the condition of the Structure and the operation of the housing or services. (b) Ilahirabilit)~ starulards. Except for such variations as are proposed by the recipient and approved by HLJD, supportive housing must meet the following requirements: (1) Structure and ~rtaterials. The structures must be struUurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the residents from the elements. (Z) Access. The housing must be accessible and capable of being utilized without unauthorized use of 57 other private properties. Structures must provide alternate means of egress incase of fire. (3) Space m:d seeurin~. Each resident must be afforded adequate space and security for themselves and their belongings Each resident must be provided an acceptable place to sleep. (4}Interior air yualiry. Every room or space must be provided with natural ar mechanical ventilation. Structures must be free of pollutants in the air at levels that threaten the health of residents. (~l Water supply. The water supply must be free from contamination. {6} Sanitary facilities. Residents must have access to sufficient sanitary facilities that are in proper operating condition, may be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. (?}Thermal enviro~unent. The housing roust have adequate heating and/or cooling facilities in proper operating condition. (8}Illumination and electricity. The housing must have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of residents. Sufficient electrical sources must be provided to permit use of essential electrical appliances while assuring safety from fire. (9) Food preparation and refuse disposal. All food preparation at1eas must contain suitable space and equipment to store, prepare, and serve food in a sanitary manner. (1t}} Sanitary cottditiott. The housing and any egwpment must be maintained in sanitary condition. (1 l) Fire safety. (i} Each unit must include at least one battery-operated or hard-wired smoke detector, in proper working condition, on each occupied level of the unit. Smoke detectors must be located, to the extent practicable, in a hallway adjacent to a bedroom. If the unit is occupied by hearing- impaired persons, smoke detectors must have an alarm system designed for hearing-impaired persons in each bedroom occupied by a hearing-unpaired person. (ii}The public areas of all housing must be equipped with a sufficient number, but eat less than one far each area, of battery-operated or hard-wired smoke detectors. Public areas include, but are not limited io, laundry rooms, com~rnunity rooms, day care centers, hallways, stairwells, and other common areas. ' (c) Meals. Each recipient of assistance under this part who provides supportive housing for homeless persons with disabilities must provide meals or meal preparation facilities for residents. (d) Ongoirtb~ assessment of suppar•tire sen~ires. Each recipient of assistance under this part must conduct an ongoing assessmenE of the supportive services required by the residents of the project and the availability of such services, and make adjustments as appropriate. (e) Residential supervision. Each recipient of assistance tinder this part must provide residential supervision as necessary to facilitate the adequate provision of supportive services to the residents of the housing throughout the term of the commitment to operate supportive housing. Residential supervision tray include the employment of a full- or part-time residential supervisor with sufficient knowledge to provide or to supervise the provision of supportive services to the residents. (fj Participation of homeless perso~rs. { 1) Each recipient must provide for the participation of hameIess persons as required in section 426(8} of the McKinney Act (4211.S.C. 11385(8)), This requirement is waived if an applicant is unable to meet it and presents a plan for HUD approval to otherwise consult with homeless or formerly homeless persons in considering and making policies and decisions. See also § 5$3.330(0). (2) Each recipient of assistance under this part must, to the maximum extent practicable, involve homeless individuals and families, through etnplayment, volunteer services, or otherwise, in constructing, rehabilitating, maintaining, and operating the project and in providing supportive services for the project. (g} Records and reports. Each recipient of assistance under this part must keep any records and make any reports {including those pertaining to race, ethnicity, gander, and disability status data) that HUD may require within the timeframe required. (h) Confidentiality. Each recipient that provides family violence prevention ar treatment services must develop and implement procedures to ensure: (1) The confidentiality of records pertaining to any individual services; and (2) That the address or location of any project assisted will not be made public, except with written authorization of the person ar persons responsible far the operation of the project. {i) Termination of housir:g assistm~ce The recipient may terminate assistance to a participant who violates program requirements. Recipients should terminate assistance only in the most severe uses. Recipients may resume assistance to a participant whose assistance was previously terminated. In terminating assistance to a participant, the recipient must provide a formal process that recognizes the rights of individuals receiving assistance to due process of law. This process, at a minimum, must. consist of: (1) Written notice to the participant containing a clear statement of the reasons for termination; (2} A review of the decision, in which the participant is given the opportunity to present written or oral objections before a person other than the person (ar a subordinate of that person} who made or approved the termination decision; and (3) Prompt written native of the final decision to the participant. (j}Limitation of stay in transitional housing, A homeless individual or family may remain in transitional housing for a period longer than 24 months, if permanent housing far the individual or family has not been located ar if the individual or family requires additional time to prepare for independent living. However, HUD may discontinue assistance for a transitional housing project if more than half of the homeless individuals or families remain in that project longer than 24 tr~anths. (k) Outpatient health services, Outpatient health services provided by the recipient must be approved as appropriate by HUf3 and the Department of Health and Hutrtan Services (HHS). Upon receipt of an application that proposes the provision of outpatient health services, HUD will consult with HHS with respect to the appropriateness of the proposed services. (1 } Annual assurances. Recipients who receive assistance only for leasing, operating costs or supportive services costs trust provide an annual assurance for each year such assistance is received that the project will be operated far the purpose specified in the application. (Approved by the Office of Management and Budget under control number 2506-01 l2) [Sg FR 13871, Mar. 15, 1993, as amended at S9 FR 3b892, July 19, 1994; 57 FR 5117G, Sept. 30, 1995] § 5$3.305 Tenn of comn~itmeat; repavmenti of grants; prevention of undue benefits. (a}Terre of commitment and conversion. Recipients must agree to operate the housing ar provide supportive services in accordance with this part and with sections 423 (b)(1) and (b)(3} of the McKinney Act {42 U.S.C. 11383(b)(1}, 11383(b)(3)), (b) Repayment of grant rind prevention of undue henefirs, !n accordance with section 423(c} of the 58 McKinney Art (42 U.S.C. ! I383(c)}, H1:,tD wit! require recipients to repay the grant unless HUD has authorized conversion of the project under section 423(b)(3} of the McKinney Act (42 U.S.C. 11383(b){3)). (G1 FRS 1176, Sept. 30, 199bj ~ 583.310 Displacement, relocation, and acquisition. (a} Mfninrizing displacement. Consistent with the other goals and objectives of this part, recipients must assure that they have taken all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit organizations, and farms) as a result of supportive housing assisted under ibis part. (b) Relocation assistance for displaced persons. A displaced person {defined in paragraph (f} of this section) must be provided relocation assistance at the levels described in, and in accordance with, the requirements of the Uniform Relocation Assistance and Real Property Acquisition 1'aiicies Act of 1970 (URA} (42 U.S.C. 4601-4655) and implementing regulations at 49 CFR part 24. (c) Real property acquisition requirements The acquisition of real property for supportive housing 'ts subject to the URA and the requirements described in 49 CFR part 24, subpart B. (d) Responsibility of recipient. (1) The recipient must certify (i. e., provide assurance of compliance) that it will comply with the URA, the regulations at 49 CFR part 24, and the requirements of this section, and must ensure such compliance notwithstanding any third party's contractual obligation to the recipient to comply with these provisions. (2} The cost of required relocation assistance is an eligible project cost in the same manner and to the same extent as other project costs. Such costs also may be paid for with local public funds or funds available from other sources. {3}The recipient must maintain records in sufficient detail to demonstrate compliance with provisions of this section. (e} Appeals. A person who disagrees with the recipient's determination concerning whether the person qualifies as a "displaced person," or the amount of relocation assistance far which the person is eligible, tray file a written appeal of that determination with the recipient. A lowancame person who is dissatisfied with the recipient's determination on his or her appeal may submit a written request for review of that determination to the HUD field office, (f) Def nitiatr of displaced persort. (1) For purposes of ibis section, the term "displaced person" means a person (family, individual, business, nonprofit organization, or farm) that moves from real property, or moves persona! property from real property permanently as a direct result of acquisition, rehabilitation, or demolition for supportive housing projects assisted under this part. The term "displaced person" includes, but may not be limited to; (i) A person that moves permanently (rain the real property after the property owner (or person in control of the site] issues a vacate notice, or refuses to renew an expiring lease in order to evade the responsibility to provide relocation assistance, if the move occurs on or after the date the recipient submits to HUD the application or application amendment designating the project site. (ii) Any person, including a person who moves before the date described in paragraph (fj{1}(i) of this section, if the recipient ar HUD determines that the displacement resulted directly from acquisition, rehabilitation, or demolition far the assisted project. (iii) Atenant-occupant of a dwelling unit who moves permanently from the buildinglcomplex on or after the date of the ' `initiation of negotiations" {see paragraph (g} of this section) if the move occurs before the tenant has been provided written notice offering him or her the opportunity to lease and occupy a suitable, decent, safe and sanitary dwelling in the same building/ camplex, under reasonable terms and conditions, upon completion of the project. Such reasonable terms and conditions must include a monthly rent and estimated average monthly utility costs that do not exceed the greater of: (A) The tenant's monthly rent before the initiation of negotiations and estimated average utility costs, or (B) 30 percent of gross household income. If the initial rent is at ar near the maximum, there must be a reasonable basis for concluding at the time the project is initiated that future rent increases will be modest. (iv) A tenant of a dwelling who is required to relocate temporarily, buE does not return to the building/complex, ifeither: (A) A tenant is not offered payment for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation, or (B) Other conditions of the temporary relocation are not reasonable. 59 (v) A tenant of a dwelling who moves from the building complex permanently after he ar she has been required to move to another unit in the same building/complex, if either: (A}The tenant is not offered reimbursement for all reasonable out-of-pocket expenses incurred in connection with the move; or (13) Other conditions of the move are not reasonable. (2) Notwithstanding the provisions of paragraph (f)(1) of this section, a person does not qualify as a ' `displaced person" (and is not eligible for relocation assistance under the URA or this section), if: (i}The person has been evicted for serious or repeated violation of the terms and conditions of the lease or occupancy agreement, violation of applicable Federal, State, or local or tribal law, or other goad cause, and HUD determines that the eviction was not undertaken for the purpose of evading the obligation to provide relocation assistance; (ii} The person moved into the property after the submission of the application and, before signing a ]ease and commencing occupancy, was provided written notice of the project, its possible impact on the person (e.g., the person may be displaced, temporarily relocated, or suffer a rent increase) and the fact that the person would not qualify as a "displaced person" {or far any assistance provided under this section), if the project is approved; (iii} The person is ineligible under 49 CFR 24.2{g)(2); or {iv} HUD determines that the person was not displaced as a direct result of acquisition, rehabilitation, or demolition for the project. (3) The recipient may request, at any time, HUD's determination of whether a displacement is or would be covered under this section. (g) Defrtition of initiation of negotiations. For purposes of determining the formula for computing the replacement housing assistance to be provided to a residential tenant displaced as a direct result of privately undertaken rehabilitation, demolition, or acquisition of the real property, the term "initiation of negotiations" means the execution of the agreement between the recipient and HUD. (h) Defrnition of project. For purposes of this section, the term "project" means an undertaking paid for in whole or in part with assistance under this part. Twa or more activities that are integrally related, each essential to the others, are considered a single project, whether or not all component activities receive assistance under this part. [S$ FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19, 1994] $ S$3,3iS Resident rent. (a) Calculation of resident rent. Each resident of supportive housing may be required to pay as rent an amount deternvned by the recipient which may not exceed the highest of: (1) 3U percent of the family's monthly adjusted income (adjustment factors include the number of people in the family, age of family rnembecs, medical expenses and child care expenses}. The calculation of the €amily's monthly adjusted income must include the expense deductions provided in 24 CFR 5.61 t(a), and for persons with disabilities, the calculation of the family's monthly adjusted income also must include the disallowance of earned income as provided in 24 CFR 5.61"1, if applicable; (2) XO percent of the family's monthly gross income; or (3) if the family is receiving payments for welfare assistance from a public agency and a part of the payments, adjusted in accordance with the family's actual housing costs, is specifically designated by the agency to meet the fanuly's housing costs, the portion of the payment that is designated for housing costs. (b} Use of rent. Resident rent may be used in the operation of the project or may be reserved, in whole or in part, to assist residents of transitional housing in moving to permanent housing, {c) Fees. In addition to resident rent, recipients may charge residents reasonable fees for services not paid with grant funds. [S$ FR 13$71, Mar. 15, 1993, as amended at 59 FR 3b$92, July 19, 2994; 66 F'R 6225, Jan. 19, 2tlOl j § 583.32U Site control. (a}Site control. (1 }Where grant funds will be used for acquisition, rehabilitation, or new construction to provide supportive housing or supportive services, or where grant funds will be used for operating costs of supportive housing, or where grant funds will be used to prayide supportive services except where an applicant will provide services at sites not operated by the applicant, an applicant must demonstrate site control before HUD will execute a grant agreement (e. g., through a deed, lease, executed contract of sale). !f such site control is not demonstra'ed within one year after initial notification of the award of assistance under this 60 part, the grant will be deohligated as provided in paragraph (c) of [his section. (2} Wltere grant funds will be used to lease all or part ofa structure to provide supportive housing or supportive services, ar where grant funds will be used to lease inclividuaE housing units for Nameless persons who will eventually control the units, site control need not be demonstrated. (b}Sire change, (1) A recipient may obtain ownership or control of a suitable site different from the one specified in its application. Retention of an assistance award is subject to the new site's meeting all requirements under this part for suitable sites. (2} If the acquisition, rehabilitation, acquisition and rehabilitation, ar new construction costs far the substitute site are greater than the amount of the grant awarded for the site specified in the application, the recipient must provide far all additional costs. if the recipient is unable to demonstrate to HUD that it is able to provide for the difference in costs, HUD may deobligate the award of assistance. (c) Failure to obtain sire control within nne year. HUD will recapture or deobligate any award for assistance under this part if the recipient is not in control of a suitable site before the expiration of one year after initial notification of an award. § 583.325 Nondiscrimination and equal ©pportunity requf rerrtents. (a} Genera[. Notwithstanding the permissibility of proposals that serve designated populations of disabled homeless persons, recipients serving a designated population of disabled homeless persons are required, within the designated population, to comply with these requirements far nondiscrimination on the basis of race, color, religion, sex, natiana! origin, age, .familial status, and disability. {b) Nondiscrimination and equal opportunity require~rtents. The nondiscrimination and equal opportunity requirements set Earth at part 5 of this title apply to this program. The Indian Civil Rights Act (25 U.S.C. 13Q1 et seq.) applies to tribes when they exercise their powers of self-government, and to Indian housing authorities {¢IAs) when established by the exercise of such powers. When an IHA is established under State law, the applicability of the Indian Civil Rights Act will be determined on a case-by-case basis. Projects subject to the Indian Civil Rights Act must be developed and operated incompliance with its provisions and all implementing HUD requirements, instead of title VI and the Fair Housing Act and their implementing regulations. {c) Procedures. { 1 } if the procedures that the recipient intends to use to make known the availability of the supportive housing aze unlikely to reach persons of any particular race, color, religion, sex, age, national origin, familial status, or handicap who tray qualify far admission to the housing, the recipient must establish additional procedures that will ensure that such persons can obtain information concerning availability of the housing. (2}The recipient must adopt procedures tv make available information on the existence and locations of facilities and services that are accessible to persons with a handicap and maintain evidence of implementation of the procedures, (d}Accessibility requirements. The recipient must comply with the new construction accessibility requirements of ttie Fair Housing Act and section 5Q4 of the Rehabilitation Act of 1973, and the reasonable accommodation and rehabilitation accessibility requirements of section S{}4 as follows: (1) All new construction must meet the accessibility requirements of 24 CFR 8.22 and, as applicable, 24 CFR 10(}.205. (2) Projects in which casts of rehabilitation are 75 percent or more of the replacement cost of the building must meet the requirements of 24 CFR $.23{a}. Other rehabilitation rrtust meet the requirements of 24 CFR 8.23(b). [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 33894, June 30, 1994; 6i FR 5210, Feb. 9, 1996; 61 FR 51176, Sept. 30; 199b) § 583.33U Applicability of other Federal requirements In addition to the requirements set forth in 24 CFR part S, use of assistance provided under this part must comply with the following Federal requirements: (a) Flood insurance. (1) The Flood Disaster Protection Act of 1973 (42 U.S.C 4001-~4i28) prohibits the approval of applications for assistance for acquisition ar construction (including rehabilitation) for supportive housing located in an area identified by the Federal Emergency Management Agency {FEMA) as having special flood hazards, unless: (i}The community in which the area is situated is participating in the National Flood insurance Program (see 44 CFR parts 59 through 79}, or less than a year has passed since FF.1V1A notification regarding such hazards; and (ii) Flood insurance is obtained as a condition of approval of the application. 61 (Z} Applicants with supportive housing located in an area identified by FEMA as having special flood hazards and receiving assistance for acquisition or construction (including rehabilitation} are responsible for assuring that flood insurance under the National Flood Insurance Program is obtained and maintained, (b) The Coastal Barrier Resources Act of 1982 (16 U.5.C. 3501 et seq.) may apply to proposals under this part, depending on the assistance requested. (c) Applicrtbility of OM8 Circulars. The policies, guidelines, and requirements of OMB Circular No. A-87 (.Cast Principles Applicable to Grants, Contracts and Other Agreements with State and Local Governments} and ?4 CFR part SS apply to the award, acceptance, and use of assistance under the program by gaverntrrental entities, and 4MB Circular Nas. A-1 !0 (Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations} and A-122 (Cost Principles Applicable to Grants, Contracts and Other Agreements with Nonprofit ]nstitutions) apply to the acceptance and use of assistance by private nonprofit organizations, except where inconsistent with the provisions of the McKinney Act, other Federal statutes, ar this part. (Copies of OMB Circulars may be obtained from E.O.P. Publications, room 2200, New Executive Office Building, Washington, DC 20503, telephone (202} 395-7332. (This is not atoll-free number.} There is a limit of two free copies. (d} L,eacl-fiased paint. The Lead-Based Paint Poisoning Prevention Aet (42 U.S.C_ 4$21-4$46}, the Residential Lead- Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4$51-X856), and implementing regulations at part 35, subparts A, B, J, K, and R of this title apply to activities under.this program. {e) Conflicts of interest. {1) In addition to the conflict of interest requirements in 24 CFR part $S, no person who is an employee, agent, consultant, officer, or elected or appointed official of the recipient and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decisionmaking process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect therein. or the proceeds thereunder, either far himself or herself or for those with wham he or she has family or business ties, during his or her tenure or for one year thereafter. Participation by homeless individuals ~vho also are participants under the program in policy or decisionmaking under § 583.3()()(f}does not constitute a conflict of interest. (2) Upon the written request of the recipient, HUD tray grans an exception to the provisions of paragraph {e}(I) of this section on a case-by-case basis when it determines that the exception will serve to further the purposes of the program and the effective and efficient administration of the recipient's project. An exception may be considered only after the recipient has provided the following: (i}For States and other governmental entities, a disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (ii) For all recipients, an opinion of the recipient's attorney that the interest far which the exception is sought would not violate State or local law. (3) In determining whether to grant a requested exception after the recipient has satisfactorily met the requirement of paragraph (e){2) of this section, HCTD will consider the cumulative effect of the following factors, where applicable: {i) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the project which would otherwise not be available; (ii) Whether the person affected is a member of a group or class of eligible persons and the exception will permit such person to receive generally the same interests or benefits as are being made available ar provided to the group or class; (iii) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decisionmaking process with respect to the specific assisted activity in question; (iv} Whether the interest ar benefit was present before the affected person was in a position as described in paragraph (e}{1) of this section; {v) Whether undue hardship will resul[ either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and {vi) Any other relevant considerations. {f) Aud#. The financial management systems used by recipients under this program must provide for audits in accordance with 24 CFR part 44 or part 45, as applicable. HUD may perform or require additional audits as it finds necessary or appropriate. tit {g} Davis-Bacon Act. The provisions of the Davis-I3econ Act do not apply to this program. [58 FR 13$71, Mar. I5, ]993, as amended at til FR 5211, Feb. 9, 1996; fi4 FR 50226, Sept. 15, 1999) Subpart 1--Admirtistratlon § 583.400 Grsnt agreement. (a) ClP1iPJ'Ul, The duty to provide supportive housing or supportive services in accordance with the requirements of this parr will be incorporated in a grant agreement executed by HUD and the recipient. {b) Ertfnrcerrier~t. HUD wil! enforce the obligations in the grant agreement through such action as may be appropriate, including repayment of funds that have already been disbursed to the recipient. 583.x05 Program changes. (a) HUD approval. (1) A recipient may not make any significant Changes to an approved program without prior HUD approval, Signif cant changes include, but are not limited ta, a change in the recipient, a change in the project site, additions or deletions in the types of activities listed in § 583.1(X} of this part approved for the program ar a shift of more than I0 percent of funds from one approved type of activity to another, and a change in the category of participants to be served. Depending an the nature of the change, HT.TD may require a new certification of consistency with the consolidated plan (see § 583.155). (2) Approval for changes is contingent upon the application ranking remaining high enough after the approved change to have been competitively selected for funding in the year the application was selected. {b) Documefttatinra of other rhnnges. Any changes to an approved program that do not require prior HUD approval must be fully documented in the recipient's records. [58 FR 13871, Mar. I5, 1993, as amended at 61 FR 51176, Sept. 30. 1996) $ 583.410 ©bligation and deobligation of funds. {a) Obligation of fi~nrls. When HL)D and the applicant execute a grant agreement, funds are obligated to cover thc. amount of the approved assistance under subpart B of this part. The recipient will be expected to carry out the supportive housing yr supportive serviccs activities as proposed in the application. (b} hicreases. After the initial obligation of funds, HifD will not make revisions tv increase the amount obligated. (c) Deabligatio~t. (I) HUD may deobligate all or parts of grants for acquisition, rehabilitation, acquisition and rehabilitation, or new construction; (i) If the actual total cost of acquisition, rehabilitation, acquisition and rehabilitation, or new construction is Less than the total cast anticipated in the application; or (ii} If proposed activities for which funding was approved are not begun within three trtanths or residents do not begin to occupy the facility within nine months after grant execution. (2) HUD may deabligate the amounts for annual leasing casts, operating costs or supportive services in any year: {i} If the actual leasing costs, operating casts or supportive services for that year are less than the total cost anticipated in the application; or (ii) If the proposed supportive housing operations are not begun within three months after the units are available for occupancy. {3) The grant agreement may set Earth in detail other circumstances under which funds may be deobligated, and other sanctions may be imposed. {4) HUD may: (i) Readvertise the availability of funds that have been deobligated under this section in a notice of fund availability under § 583.200, or {ii) Award deobligated funds to applications prey; iausly submitted in response to the most recently published notice of fund availability, and in accordance with subpart C of this part. 63 EXHIBIT B INSURANCE REQUIREMENTS Subreci~ient's Liability Insurance A. Subrecipient must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Subrecipient must not allow any subcon#ractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Subrecipient must furnish to the City's Risk Manager and to the Department or Division responsible for this agreement; 2 copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s} acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notice of cancellation, material Bodily Injury and Property Damage change, non-renewal or termination is required on Per occurrence 1 aggregate all certificates COMMERCIAL GENERAL LIABILITY including: $1,000,000 Combined Single Limit 1. Commercial Form 2. Premises -Operations 3. Products) Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors 6. Broad Form Property Damage 7. Persanallnjury C. In the event of accidents of any kind, Subrecipient must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled",and deleting the words, "endeavor to", and deleting the wording after "left". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. The name of the project must be listed under "Description of Operations" At a minimum, a 30-day written notice of cancellation, non-renewal, material change, or termination is required. B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.B (1)-{7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1)-7) are included or excluded. END 2007 - 2008 Continum of Care Service Grant Program Subrecipient Agreements ins. req. 4-29-OS ep Risk Mgmt. EXHIBIT C COC COMPLIANCE AFFIDAVIT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § Date: Affiant: .li~ Continuum f Care Grant Sub ecipient Affiant, on oath, swears the following statements are true: ,,// ~' I, ,~~a~t ~1~~-{~s'c~i ~~L~' , arr~he CrC . ~7t~~ ~I~Gr,X~'~ (title} N of a Texas nonprofit corporation, which has applied for and been awarded Continuum of Care ("COC"} Grant Program funds administered by the City of Corpus Christi ("City"). Prior to the start of the project for which COC funds have been awarded, as the representative of the above- named subrecipientorganization ("Subrecipient"), 1 met with City staff and received copies of the following Federal rules and regulations: OMB Circular A-102 24 CFR Part 1, .3, 5, 8, 24, 35, 45, $4, 85, 107, 135 and 146, as applicable OMB Circular A-110 24 CFR 583 OMB Circular A-122 41 CFR fi0.1 and 60.4, as applicable OMB Circular A-133 By execution of this affidavit, I attest that I 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, I acknowledge that there maybe additional Federal rules and regulations, beyond the rules and regulations listed above, to which the Subrecipient may be subject to and with which the Subrecipie omply, in accordance with Federal laws. Signed: ~~'~-~ SWORN TO AND SUBSCRIBED before me this the ~ day of 2aa8. seal Nota Public, State f Texas a~'~'r'~e'.'~. z~o,~,. ,,;~,, LAURISA LYNN BAKLtK ?! '~`: Notary Puhlic, State of Texas %,j~, i }, My Commission Expires ,,, ,,,. March 09, 4011 f ~ ~ -- -, EXHIBIT D CITY OF CORPUS CHRI5TI =~-~= DISCLOSURE OF INTEREST City of Corpus Christi 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 questio snot applicable, answer with "NA". See definitions on next page. I ~ /~ COMPANY NAME: P. O. Bpx: STREET ADDRESS: Flo/s~n~e ,.~ FIRM IS: 1. Corporation 0 2. Partnership [] 3. Sole Owner [~ 4. Association ~ 5. Other If additional space is necessary, please use the reverse Side of this page or attach separate sheet. 1. State khe names of each "employee" of the City of Corpus Christi having an "ownership interest" constikuting 3% or more of the ownership in the above named "firm." `-~r~-y ~ja Name Jab Title and City Department (if known) 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." rn Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or mare of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an 'ownership interest" constikuting 3% or more of the ownership in the above named "firm." Name Consultant 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: f Q itle: 'l~-~ ~ ~- Signature of ~ Certifying Person: Date: ~~ ~t~i ~U __ Page 1 of Z 7 ~I DEFINITIONS ~ ~ ~ ti a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "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. c. "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 sale 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. d. "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. e. "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." f. "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. Page 2 of 2 ~ } t /~ ,1 City Of Exhibit E ~~ Corpus .Christi 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 officer 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 ar attempting ko 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 cooperative 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 accordingly. 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. Signature ~ '~ d~~Ja.~ ~~~~ Print Name of Authorized Individual Organizati n Name Date