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HomeMy WebLinkAboutC2008-151 - 4/8/2008 - ApprovedCONTINUUM OF CARE GRANT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI METRO MINISTRIES THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: 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 Corpus Christi Metro Ministries, Inc., ("Subrecipient"), a nonprofit corporation organized under the laws 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 $160,255 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 mare than One Hundred Sixty Thousand Two Hundred Fifty-five Dollars ($160,255) of COC funds on a reimbursement basis, based on the stated services to be provided pursuant to the approved Application for Federal Assistance. PIN number TX55062, a copy of which is incorporated by reference 2008-151 9reement as Exhibit A. M2008-086 04/08/08 CC Metro Ministries 1.2 Reimbursement. Reimburse COC funds to the Subrecipient according to this Agreement and as follows: (A) Not more than $89,fi12 will be reimbursed to the Subrecipient for the provision of essential supportive housing services to the homeless. (B) Not more than $fi3,D12 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 $7,631 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 for 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 $22,4D3 must be spent by the Subrecipient to provide essential supportive housing services to the homeless. (B} Not less than $21,OD4 must be spent by the Subrecipient to provide for the operating costs related to supplying supportive housing services to the homeless. (C) Not less than $1,5DD 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 aut 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, those federal requirements contained in Sections 5 and fi 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 accounting 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 ("CDD"). CCMM COC Agmt FY0708 20080429.doc Page 2 of ] 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, for 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. Subrecipien# shall adhere and comply with the reporting requirements mandated for the Homeless Management Information Sys#em (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 al! 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 C4C funds expended by the Subrecipient 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 #inal payment made under this Agreement or until all pending matters are closed, whichever is later. SECTION 3. TERM; TERMINATION; NOTICES. 3.1 Term. This Agreement commences on April 1, 2008, in accordance with the grant cycle, 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 ar 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. CCMM COC Agmt FY0708 20080429.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 } 826-3045 Office (3fi1 } 844-1740 Fax If to the Subreci ient: Corpus Christi Metro Ministries, Inc. Attn: Executive Director 1919 Leopard Street Corpus Chris#i, Texas 78401 (361) 887-0151 Office (361) 887-7900 Fax (D) Either party may change the address to which notice is sent by using a method set out above. The Subrecipien# 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-er-aluation and Adjust Limits. The Risk Manager re#ains 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 al! claims, demands, actions, CCMM COC Agmt FY0708 20D80429.doc Page 4 of 12 damages, losses, costs, liabilities, expenses, and judgments re- covered from or asserted against the Cify on account of injury or damage to persons or property (including, without limitation on the foregoing, workers' compensation, death, and premises de- fects) to the extent 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 ("lndemnitees"), acting pursuant to this Agreement and with or without the express or implied invitation or permission of the Subrecipient, or on the part of the Subrecipient or any of ifs agents, servants, employees, contractors, pafrons, 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 result, proximate or remote, wholly or in part, of the violation by ln- demnitees, the Subrecipient or any of ifs agents, servanfs, 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 lndemnitees, the Subre- cipient or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees, including, but not limited to, the failure of fhe 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 sole negligence, contributory negligence, or con- currentnegligence of lndemnitees, but not if such injury or dam- age may result from gross negligence or willful misconduct of ln- demnitees. (C) The Subrecipient covenants and agrees that, in case the City is made a party to any litigation against the Subrecipient or in any litigation commenced by any party other than the Subrecipient re- lating to this Agreement, the Subrecipient shall, upon receipt of reasonable notice regarding commencement of litigation and at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend the City in all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses CCMM COC Agmt FYg7q$ 200$0429.doc Page 5 of 12 of any kind whatsoever arising from any said claims, demands, ac- fions, damages, losses, costs, liabilities, expenses, or judgments. (D} The 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, or governmental body. All of the services required by this Agreement mus# 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- tractorproviding the services on behalf of the City and that the Subrecipient may not incur any deb#s 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 shaft 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 shelter 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. CCMM COC Agmt FY0708 20080429.doc Page 6 of 12 3.3 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 for achieving independent living. Additionally, the Subrecipient shall assist homeless individuals and families in obtaining access to other Federal, State, local, and private aid that may be necessary to such individuals and families. SECTION 6. ADDITIONAL FEDERAL 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 Code ("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 Camp., 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. §12'101 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 $, as it may be amended, includes sleeping accommodations; (C) The requirements of Executive Order 11246 and the supplemental regulations issued in 41 CFR Chapter fi0, 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.fi07(b), as each may be amended; (E} The requirements of Executive Orders 11fi25, as amended by Executive Orders 12007 (3 CFR, 1971-1975 Camp., p. 616, and 3 CFR, 1977 Comp., p. 139) (Minor- ity Business Enterprises}, as each may be amended; Executive Order 12432 (3 CFR, 1983 Comp., p. 198) (Minority Business Enterprise Develapment), as each may be amended; and Executive Order 12138, as an',ended by Executive Order 12608 (3 CFR, 1977 Comp., p. 393, and 3 CFR, 1987 Comp., p. 245) {Women's Business Enterprise), as each may be further amended; and, CCMM COC Agmt FY0708 2D08D429.doc Page 7 of 12 (F) The requirement #hat 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 far them, the Subrecipient shall establish additional proce- dures that will ensure that these persons are made aware of the facilities 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 tha# 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. §§48.21-4846), 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, or 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 a decision-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 ar her tenure and for one year thereafter. 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, CCMM COC Agmt FY0708 20480429.doc Page 8 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. 6.6 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. 6.7 Drug Free Workplace Act of 1988. 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. 6.8 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. 6.9 Contract Work Hours and Safety Standards Act. The Subrecipient shall comply with Sections 103 and '107 of the Contract Work Haurs and Safety Standards Act, 40 U.S.C. §§329 and 333, as amended and as supplemented by United Sta#es Depart- ment of Labar regulations, 29 CFR Part 5, as amended. 6.10 Audit. The Subrecipient is subject to the audit requirements of OMB Circular A-133, as set forth in 24 CFR Part 5$3, as amended. 6.11 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 (families, individuals, and farms) 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 cantracts 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 from re- ceiving compensation from such additional contractual parties, provided that all other terms of this Agreement are fulfilled. CCMM COC Agmt FY0708 20D80429.doc Page 9 of 12 7.4 Modifications. Modifications to this Agreement are not effective unless signed by a duly authorized representative of each of the parties to this Agreement. Modifications which do not change the essential scope and purpose of this Agreement may be ap- pro~ed on behalf of the City by the City Manager. 7.5 Copies of Rules and Regulations. Copies of some of the rules and regulations referenced in this Agreement have been provided to the Subrecipient as evidenced by the 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 wane 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) CCMM COC Agmt FY0706 20080429.doc Page 10 of 12 Executed in duplicate originals this _~ day of ~L(.~t.e. , 2008. ATTEST: Armando Chapa City Secretary Approved as to form: liza h R. Hundley Assis nt City Attorney for the City Attorney CITY OF CORPUS CHRISTI eorge K. Noe City Manager qtr ~unri~ .. ~`~,~©~,~,D, ~~~ ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on ~- ~ , 2008, by George K. Noe, City Manager of the City of Corpus Chri ti a Texas municipal home- rule corporation, on behalf of the corporation. 1d Notary Public, State of Texas ~¢~ E Pl1RKS ti! _~~,f,•, i•= MY CO~MM~1^~510N EXPkRES ~: S ; j'~,_b,` November 9,201 i CCMM COC Agmt FY0706 2D080429.doc Page 11 of 12 SUBRECIPIENT: CORPUS CHRISTI METRO MINISTRIES, INC. Signature 3~ 'Z~ d Date Printed Name G ~~a ~ ~- x eu~.~~ ;~ ~, r~ c ~-vY Title ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrume~i~vas acknowledged before me on ~ ~~ , 2DD$, by 'b r , in hislher capacity as the of Corpus Christi Metro inistries, Inc., a Texas non-profit corporation, on behalf of the corporation. '`"` ~~' ` ` '~ ~~ ~ ~~ Notary blic, State of Texas ~ ~-~_ , . ~ .k ~` ~ ~ -- / ,~ -' CCMM COC Agmt FY0708 20080429.doc Page 12 of 12 l;orpus t;hnsn Metro Mlnlstnes, Inc, Rustic »ouse DUNS #112698584 Section I: Project Summary Information Part A: General Proiect Information (All Proiects) 1. Project Priority Number 2 ^ New Project 3. Ifrenewal, list Previous Grant Number: {From•Project Priority Chart previous grant number TX 59 B b01 008 in Exhibitl}: d: project identifier ^ Check box if project is a ®Renewa] Project number (PiN): PIN Number: #1 Priority Samaritan Bonus - TX SSOb2 Project 4. HUD-Defined CoC Name: Corpus Christi/Nueces County CaC S. CoC Number: TX-501 6. Applicant's Organization Name (Legal Name from SF-424) 8. Applicant's DUNS Number The City of Corpus Christi (From SF-424): 7. Check box if Applicant is a Faith-Based Organization #0694457786 ® Check box if Applicant has ever received a federal grant, either directly from a federal a en or throu h estate/local a enc ` 9. Project Applicant's Address (From SF-424) 10. Applicant's Employer Street: i20i Leopard St. Identification Number {EIN) (From City: Corpus Christi State: TX Zip: 78401 5F-424): 74-6000574 I l .Contact person of Project Applicant: (From SF-424} 12. [] Check box if Project Name: Rudy L. Betancourt, MPA Phone number: (361)826-3021 applicant is the same as Project Title: Program Manager Fax number: (361)844-i 740 Sponsor Communi Develo meat De artment Email Address: tud b cctexas.com 13. Project Nan;e: 14. Project's location 6-digit Rustic House Geographic Code: 489355 1481206 15. Project Address (S+C SRAs, if multiple sites list all addresses including): 18. ®Check box if Energy Star is Street: 1919 Leopard St. ~ used in this project City: Corpus Christi State: TX Zip: 78408 16. ^Check box if project is located in a Rural Area 19. Project Congressional District(s): 17. If project contains housing units, are these units: ^ Leased? ®Owned? TX 27 20. Project Sponsor's Organization Name (If different from Applicant) 22. Sponsor's DUNS Number: Co us Christi Metro Ministries #I I2698584 21. Not Applicable ® Check box if Project Sponsor is a Faith-Based Organization ® Check box if Project Sponsor has ever received a federal grant, either direct) from a federal a enc or throu h a state/local a enc 23. Project Sponsor's Address (if different from Applicant} 24. Sponsor's Employer identificatio Street: 1919 Leopard St. Number (EIN): City: Corpus Christi State: Tx Zip: 7840$ 74-2247261 25. Contact person of Project Sponsor (if different from Applicant) Name: Sean-Michael Hazuda Phvne number: (361) 887-0151 Title: Chief Executive Officer Fax number: (361 } 887-7900 Email Address: smhazudaQccmetro.org EXHIBIT A ~ ~~ Form }~ U D-40090-2 Corpus Christi Mefro Ministries, inc. Bostic House DUNS #'i<12698584 Part B: Project Summary Budget B1, Supportive Housing Program (SHP} (All SHP Projects) a. SHP Pro ram c. Grant Terms {Check only one box) - b. Component Types (Check only one box) ® ^ ~ ` '~ . ~ ® ^ ^ ^ ^ Safe Haven/TH ~~ ~ 2 Years : 3 dears' , TH PH SSO HMIS ^ Safe Haven/PH 1 Fear d. Proposed e. SHP Dollars f. Casti Match g.. ~ ~ . Tofal~ SHP Activities Re nest Co'1. e + Col. 0 0 0' 1, Acquisition a o a :o 2. Rehabilitation 0 0 ~ ~ 0 3. New Construction ~ a. subtotal a o o ~ . Lines 1 throw b 3 . 5. Reai Property Leasing ~ti `~ ' k ~~ ~ `~ `~~ f .. „V From I:easin Bud et Chart ~ ,r ~~ ~' 6. Supportive Services 89,612 22,403 1 12,0'15 From Supportive Services Budget Chart 7. Operations 63,012 21,004 84,016 From Operating Budget Chart 8. HMIS ~ 0 1;500 1,500 . From HMIS Budget Chart 9. SHP Request 152,624 Total Bt<dget (Subto#ai lines 4 through S) Total .(Total SHP 10. Administrative Costs 7,63 I Cash Match Request + Total to 5% of line 9 Cash Match) ~ 1. Total SHP Request 160,255 44,907 205,162 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 S Single Room Occupancy {SRO) (AlI Section 8 SRO Projects) Not Applicable Part C: Point in Time Housing and Participants Chart tAll Projects Except Dedicated HMIS Projects} 1. Housing Type* 1a. Multi-family lb. ^ Scattered Site (Check all that apply) ^S1ngle-family ® Project Based ® Con a ate Facili a. Current b. New Effort or c. Projected 2. Units, Bedrooms, Beds Level Change in Effort Level Point-in-Time If A [icable column a + col. b Number of Units 1 0 1 Number of Bedrooms 1 0 ~ 1 ~ ~ ~ Form Hi1D-40090-2 Corpus Christi Mefro Ministries, Inc. Rustic Nouse i3llNS #i'i2698584 Number of Beds 28 0 28 3. Participants a. Number of Households with De endent Children 0 0 0 i. Number of adults 0 0 0 ii. Number of children 0 0 0 iii. Number of disabled ersons 0 0 0 ' b. Number of Households without De endent Children 2S 0 28 i. Number of disabled ersons 25 0 25 ii. Of all disabled persons, number of chronically homeless 4 0 4 "`Housing Types: Multi-family (apartments, duplexes, SROs, other buildings with 2 or more units); Single-family; Con re ate Facili dormito ,barracks, shared-livin Part D: Targeted Subpopulations (All Projects Except Dedicated HMIS Projects) List the approximate percentages far each homeless subpapulation you expect to serve. If you expect to serve subpopulations that fit more then one category (i.e. Severely Mentally Ill Persons with Chronic Substance Abuse}, you may place overlapping approximate percentages on the appropriate lines. I, f thds u a #I priority project, it must serve I00% chronically homeless persons to receive the Samaritan bonus. . 1. Homeless Sub o ulations 2. A roximate Percenta es Chronicall Homeless as defined b HUD 40% Severel Mentall Ill 46% Chronic Substance Abusers 35% Veterans 34% Persons with HIV/AIDS 2% Victims of Domestic Violence 0% Unaccompanied Youth Under 18 ears of a e 0% Part E: Discharge Policy {Only State & Local Government Applicants) Not Applicable ~,.~~~ Part F: Project Leveraging Chart (All Projects} HUD homeless program funding is limited and can provide only a portion of the resources needed to successfully address the needs of homeless families and individuals. HUD encourages applicants to use supplemental resources, including state and local appropriated funds, to address homeless needs. Please be aware that undocumented leveraging claims may result in a re-scoring of your application and possible withdrawal of your conditional awards}. For further instructions for filling out this section, see the Instructions section. i %~ `~ x,,,,,, urEn~nnon_~. Corpus Chr9sti Metro Ministries, Inc. Rustic House DUNS #112898584 Identify Source as: Date of Value of Type of Source of CG) Government* Written Written Contribution Contribution P P t i Commitment Commitmen# r va e or Volunteer Hours to Volunteer Hours P 04/19f2007 $200,000 various CC Metro (20,000 hours @ Ministries programs $10.00 per hour) for the homeless Cash Match to this Undesignated general P 4/19/2407 $44,907 CoC rant ivin *Governme~t sources area ro rioted dollars, TOTAL: $244,907. 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 h S? If b. If yes, is the client level data collected on all e HMI providing client level data to t persons served by the project provided to the HMIS? not applicable, briefly explain. ®yes ^ No {mm/yyyy) Part H: Renewal Performance All Renewal Projects Are there any unresolved HUD monitoring findings, or outstanding audit findings related to this project? If "Yes," briefly describe. 1. ^Yes ®Na 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 ^ Location of project sites. 2. ^Yes ®No ^ 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: . r Corpus Christi Metro Ministries, Inc. ' Rustic House DUNS #11698584 H: Renewal Performance (Continued) ~ ..~ E For all S+C, SHP-PH, SHP-TH, SHP-Safe Haven, and SSA Renewals Use information from the most 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}. Not Applicable ~ ' 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 Questiom 14: a. Number of artici ants who exited TH ro'ect s includin unknown destination 43 b. Number of participants who moved to PH-from any destination identified as permanent 40 . housin ' c. Of the number of participants who left TH, what percentage moved to PH? F 93% b divided b a) x 100 = c Exam le: (141 18 x 100 = 77.7%. 5. Supportive Services -Mainstream Programs and Employment Chart (To be filled out by all S+C and SHP renewals, except dedicated HMIS projects) . HUD will be assessing the percentage of clients in your renewal project who gained access to mainstream services and, especially, who gained employment. Based on responses to Al'R Question 11 com fete the followin : ~ ` 1 2 ~ 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 (Col. 3 = Col.1 x 100_ 43 a. SSI 7 16% 43 b. SSDI 0 0 43 c. Social Securi ! 2% 43 d. General Public Assistance 0 ~ 0 43 e. TANF 0 0 43 f. SCHIP 0 0 • , 43 .Veterans Benefits ~ 5% 43 h. Em to ment Income 31 ~ 72°~ . 43 i. Unem to ent Benefits 0 0 43 '. Veterans Health Care 0 ~ ~ 43 k. Medicaid 0 0 43 1. Food Stain s 6 0 43 m. Other leases eci 0 0 43 n. No Financial Resources 2 5% Section II: Project Budgets Part ~: SHP Project Budgets {All SHP Projects as Applicable) ~1. SHP Leasing Budget (All SHP Projects with Leasing) Not Applicable ~2. SHP Sunoortrve Services Budget (All SHP Projects as Applzcable) SHP Dollars Re nested Sup ortive Services Costs Year 1 Year 2 Year 3 Total 1.Health & Human Services Director (salary, payroll taxes & mileage) Quanti 35% x 1 FTE x 80% $12,224 0 0 $12,224 Z.Case Management i THP (Residential) $ I $,$90 0 0 $18,890 . r, .: Form HUD-40090-2 Corpus Christi Metro Ministries, Inc. Rustic House DUNS #'~ 12698584 (wages, payroll taxes & mileage} Quanti : [ 100% x 1 FTE x 80% 3. Case Management 1 THP (Residential) ~ (wages, payroll taxes & mileage) $18,890 0 0 $18,590 , Quanti 100% x 1 FTE x 80% ~ 3 4.Other Health Care {any medical assistance, including _ t dental, vision, physical, mental, hearing, counseling, $4,490 0 0 $4,490 medications, etc.) _ . ' Quanti :108 anent visits x $52 x 80% 5. Employment Assistance (i.e. work clothes, work shoes, work boots, work tools, work equipment, work $800 0 0 ~ $800 readiness course fees, safety gear, etc.) f nanti : $l,ooa x 8a°i° ' 6. Transportation {i.e. bus tokens, bus passes, moving van rentals, bus tickets, taxi fees, ride-sharing fees, car $1,588 0 0 ~ ~ $1,5$8 repairs, etc.) Quanti : $1,9851 r x 80% 7. Follow-Up: Rent, deposits & utilities $13 146 ' 0 0 $13,146 Quanti $16,4321 r x 80% 8. Follow-up: Food assistance, nutritional counseling $3,360 0 0 $3,360 Quanti $4,200/ x 80% 9. Service Category: Follow-up Household goads (i.e. furniture, appliances $ other household items) $16,224 0 0 $16,224 Quanti : $20,2801 r x 80% 10. Child Care 0 0~ 0 0 11. Transportation 0 0 0 0 12. Transi#ional Living Services 0 0 0 0 13. Other {must specify *) 0 o a a 14. Total SHP dollars requested:** ~~1z $89,612 lines 1 to 13 *If not specked, the costs will 6e removed from the budget. **Tota! of Line l4 must match line b, column e., on the Protect Summary Budget. The amount of the SHP request entered must be no more than 80 ercent o the Total Su ortive Services Casts entered on Lure I ~ 15.Tatal cash match to be spent on SHP X2,403 ~~ eli ibie su active service activities: $112,015 .$112,015 16. Total sn ortive services costs: *** *** The Total Supportive Services Costs includes the cash match entered on line IS, andlhe,5'HP dollars requested on line 14. The total o Line 16 must match line 6, column ., an the Protect Summa Bud ex Y3. SHP O eratin Bud et All SHP Pro'ects with O eratin Costs SHP Dollars Requested O eratin Costs Year i Year 2 Year 3 Total 1. Maintenance/Repair (non-deferred repair and $1,050 0 0 $1,050 routine maintenance as items break and/or need repair, including but not limited to HVAC systems, plumbing, electrical, masonry, cabinetry minor painting work, walls, doors, locks, fencing '° and dumpster fees Quanti $1,440/ r x 75% 2.Staff (wages and payroll taxes only) $50,558 0 0 $SO,SS8 1 50% FTE Residential Manager and a total of 4 FTE 100% Residential Su ervisors combined '! ~ ~; Form HUD~0090-2 Carpus Christi Metro Ministries, lnc. Rustic House fllJ~iS #'E'i2698584 work hours from up to 8 FTE Residential Supervisors that are shared positions) Quanti $67,4111 r x 75% 3. Utilities $3,333 0 0 $3,333 Quanti $4,4441 r x 75% 4.Equipment - [including purchase of any $1,333 0 0 $1,333 necessary capital items (i.e. $500 or more} or other equipment items, such as replacement of HVAC inside & outside units; andlor purchase and installation of computer equipment (i.e. processors, monitors andlor printers} andlor computer software. {exclude HMIS system fees}] Quanti : [$1,7771 r x 75% 5. Supplies [including but not limited to HVAC $1000 0 0 $1000 filters, office supplies, cleaning supplies, and other non-capital items (less that $500) used by SHP-funded staff {i.e. chairs, calculators, & monitors)] uanti $1,333/ r x 75% 6. Insurance 0 0 0 0 Quanti 7. Furnishings 0 0 0 0 Quanti 8. Relocation 0 0 0 0 Quanti number of ersons 9. Food [Perishable &non-perishable food $4,500 0 0 $4,500 (calculated at approximately $3.501THF participant per meal)] Quanti $6,0001 r x 75% 10.Other Operating Activity: $734 0 0 $734 a. Telephones {up to 3 cell phones & other tele hone fees or char es $979/ r x 75% b. Security (fire, burglary, and other security $504 0 0 $504 service fees $6721 r x 75% 11. Total SHP Operating Dollars $63,012 $63,{312 Re nested lines 1 to 10 : ** *If not specifred, the costs will 6e removed from the 6udge~ **Total of Line II muss match line 7 column e., on the Protect Summary Budged The amount of flee SHP request entered must 6e na more than 75 ercent o flee Total O eratin Casts entered on Line I2. 12. Total cash match to Ibe spent on SHP $21,004 $21,004 ell ible o erations activities: 13. To#al Operating Costs: *** $84,016 $84,016 *** The Total Operating Costs includes the cash match entered on line 12 and the SHP dollars requested on line l 1. The total of Line 13 must match line 7 column on the Pro'ect Summer Bud et. I4. SHP New Projec# Multiple Structures Budget (All New SHP Projects as Applicable} Nofi Applicable I5. SHP HMIS Bud et All SHP Pro'ects with HMIS Costs SHP Dollars Requested HMtS Costs Year 1 Year 2 Year 3 Tote! i ~ 6 FRS, r~iro-aoo9o-z Corpus Christi Metrp Ministries, Inc. Rustic House QUNS #142696584 E uipment 1. Central Server(s) 0 0 0 0 2. Personal Computers and Printers o 0 0 0 3. Networking o 0 0 0 4. Security o 0 0 0 Subtotal: 0 0 Software 0 0 5. Software/User Licensing 0 0 0 0 6. Software Installation o 0 0 0 7. Support and Maintenance o 0 0 0 8. Supporting Software Tools o 0 0 0 Subtotal: o 0 0 0 Services 9. Training by Third Parties o 0 0 0 10. Hosting/Technical Services o 0 0 0 11. Programming: Customization o 0 0 0 12. Programming: System Interface o 0 0 0 13. Programming: Da#a Conversion o 0 0 0 14. Security Assessment and Setup o 0 0 0 1 S. On-line Connectivity (Internet Access) 0 0 0 0 16. Facilitation o 0 0 0 17. Disaster and Recovery 0 0 o a Subtotal: o a o a Personnel 18. Project Management/Coordination o 0 0 0 19. Data Analysis o 0 0 0 20. Programming o 0 0 0 21. Technical Assistance and Training 0 a a o 22. Administrative Support Staff o o a o Subtotal: 0 0 0 0 HMIs Space and Operations 23. Space Costs 0 0 0 0 24.4perational Costs 0 0 0 0 Subtotal: o o a o 25. Total SHP HMIS dollars requested: * 0 0 0 0 * Total o Line 25 must 6e no more than 80 ercent o the Total IIMIS Costs entered on Line 27. z6. Total cash match to be spent on SHP eligible Ii1VIIS activities: 51.500 0 0 $1,500 27. Total HMXS Costs** sl,soo 0 0 ~l,soa '~*Tlre Total HMIs Costs Includes the SHP dollars requested on line 25 and the cash match entered on line 26. The fatal on line 27 must match Ilnc $, column g., on the Protect Summary Budget Part J: Shelter Plus Care and Section 8 SRO Project Budgets (All S+C and SRO Projects as Applicable) Not Applicable J1. Shelter Plus Care and Section S SRO Rental Assistance Budget { n r--. ~,...., xr~ rn_.ennon_~ Corpus Christi Metro Ministries, Enc. Rustic House DtJNS#1'12698584 Not Applicable J2, New Shelter Plus Care Single Room Occupancy {S+C/SRO) and New Section S Single Roorn Occupancy {SRO) Project Budget Not Applicable Section III: New Project Narratives Part K: General Project Narrative Information {All New Projects Except Dedicated HMIS Projects) Not Applicable i?~ c......, ~r~m Afinnfl_? c ~ ~ m S A i2 9$ ?? G W „ m N y on m E e ' o .~ G e E€ m u~ o 1 N O O = m O$ m=~ a L' ~a N m 0 o ei = 1- ~ ~ ~ W e m ~ ~ ~ '~ ~ 8 as ~;~ p ~~ :'gym ~~~ `0v ~ ~~° ~ ~~ci R C ~" ~ w 3 m ~ ~ ~ m ~ ~ ~ ~ Q m ~ ~SmAU ~ ~ ~ G m ~. °~ y ~ ~ y `o w ~ Q C ~ ~ m g s ~ ~ ~ ~ g m~ ~~ [i Q ffi ~ ~' m U$ ~ w W sv ~ o e a ~~ S g~ ~ N ~ ~ ~ U .oM U d m ~ d ui 2 N o :e <q ~ Q :a ~ ~ o. H~ a ¢ a a g a ¢_ ¢_ a_ a_ a a _¢ a a~ a ~.Q ~ ~~ ~ ~ Z Z z Z z z Z ~ Z ~ ~ ~ z Z U1 LL A -• ~O ~~. ,~: c m c W 9 ;.E _ ~ ~' O ~ m `~ , ~ • - ~a ~i ~ m .. m~ ~,, i ~ ~o ~ m o a mQ° •4~ ~' 4~~ ~ ,~ ~~ a a g a a a g a~ a g a a a a a a ~ L~ ` ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ v c 0 o r o ~ L ii w g E ~ ~; E ~ GC ~ $ ~ Z Z ~ `ai C :o c £`m~i i ~" O i C~~ b aGa ~ ~ ~ ~?N C ~ y9~ E L ~ ~ yyn° 1c O ~ N l0 ~ C •Q 0. _ `N d m~ ~ c ~- _~~~~ ~~. ~ ~'~'~ _ m .. ~ ~ ~.._ '?,~ : ~ 1 n .-~ [:orpus (;hnsti Metro Mrn~strres, inc. ~s Chris~~~r~'~°~~~~,,3eInc. u is Ouse DUNS # :112698584 pp~icantlRecipient us. Department of Housing and Urban Development visclosurelUpdate Report OMB Approval No. 2510-0011 (exp. 813112009) Instructions. (See Public Reporting Statement and Privacy Act Statement and detailed instructions on page 2.) ApplicantlRecipient Informa#ion Indicate whether this is an Initial Report ^ or an Update Report 1. ApplicantlRecipient Name, Address, and Phone (include area code): 2. Social Security Number or Corpus Christi Metro Ministries, Inc. Employer ID Number. 1919 Leopard St. 74-2247261 Carpus Christi, Texas 78408 (361) 887-0151 3. HUD Program Name 4. Amount of HUD Assistance Continuum of Care: Supportive Housing Program (SHP} Requested/Received 5160,255 5. State the name and location (street address, City and State) of the project or activity: 1919 Leopard Corpus Christi, TX 764D8 Part 1 Threshold Determinations t . Are you applying far assistance for a specific project or activity? These 2. Have you received or do you expect to receive assistance within the terms do not include formula grants, such as public housing operating jurisdiction of the Department (HUD) ,involving the project or activity in subsidy or CDBG block grants. (For further information see 24 CFR Sec. this application, in excess of $200,000 during this fiscal year {Oct. 1 - 4.3). Sep. 30}? For further information, see 24 CFR Sec. 4.9 ® Yes ^ No ^ Yes ® No. If you answered "No" to either question 1 or 2, Stop! You do not need to complete the remainder of this form. However, you must sign the certification at the end of the report. ''art Il Other Government Assistance Pirovided or Requested 1 Expected Sources and Use of Funds. ~h assistance includes, but is not limited to, any grant, loan, subsidy, guarantee, insurance, payment, credit, or tax benefit. uepartment/StatelLacalAgmcy Name and Address Type of Assistance Amount Re uested/Provided F~cpeded Uses of the Funds (Note: Use Additional pages if necessary.} Part 111 Interested Parties. You must disclose: 1. Ail developers, contractors, or consultants imoived in the application for the assistance or in the planning, development, or implementation of the project or activity and 2. any other person who has a financial interest in the projector activity for which the assistance Is sought that exceeds 550,000 or 10 percent of the assistance (whichever is lower). Alphabetical list of a!I pereons with a reportable financial interest in the ro'ect or actin' For individuals, ive the last name first Social Security No. or Em to ee ID No. Type of Participation in Pro ectlActiv Financial Interest in Pro ecUActivit 5 and (Note: Use Additional pages if necessary.) Certification Warning: If you knowingly make a false statement on this form, you 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 non- disclosure, 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: (mrrvddlyyyyr) 5102107 i '? c'~ Form HUD-2880 (3199) Certification of Consistency with the Consolidated Plan U.S- department of Housing and U~ 9~htl~pMel~~ Miniseries, Tue. Rustic House DUNS # :112698584 I certify that the proposed activities/projects in the application are consistent with the jurisdiction's current, approved Consolidated Plan. Applicant Name Corpus Christi Metro Ministries Project Name Rustic House Location of the Project 1919 Leo and Street Corpus Christ. TX 78408 Name of the Federal Program to which the applicant is applying l~D Continuum of Care: Sunnortive Housing Program fSHP) Name of Certifying Jurisdiction Ci of Co us Christi Certifying Official of the 3urisdiction Name Daniel Gallegos Jr. Title CD Adm'nistrator Signature ,~. Date May 10.2007 form HUD-2991(3198) Page 1 of 1 ~n~ s inrist~ avaetro ministries, lnc. SURVEY ON ENSURING +. DEPARTMENT OF HOUSING ~ R4Y5~~l~It~'1~014 EQUAL OPPORTUNITY AND URBAN DEVELOPMENT DUNS # : 1~6~>'~i~b9~ ~'OR APPLICANTS Yurnt~se: The Federal government is committed to ensuring that all qualified applicants, small or large, pan-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 (not including private universities) to fill out this survey. Upon receipt, the survey will be separated from the application: Information providec'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 Survey: If you are applying using a hard copy application, please place the completed survey in an envelope labeled "Applicant Survey." Seal.the envelope and include it along with your application package. Ifyou are applying electronically, please submit this survey along with your application. Applicant's {Organization) Name: Corpus Christi Metro Ministries, Inc. Applicant's DiTNS Number: 112698584 Grant Name: Continuum of Care: Suuportiye Hausin~ Program (SHP) CFDA Number: 14.235 i. 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 boxJ. ^ 3 or 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. Is the applicant an intermediary that will manage the grant on behalf of other organizations? ^ Yes X No (Check only one box.) ^ Less Than $ l 50,000 7. Has the applicant ever received a government grant or contract (Federal, State, or local )? ^ $150,000 - $299,999 ^ $300,000 - $499,999 X Yes ^ No ^ $500,000 - $999,999 + 8. is the applicant a local affiliate of a national organir~tion? X $1,000,000 - $4,999,999 ^ Yes X No ^ $5,000,000 or more SF 424-SUPP {412004) a n r~ 1~~ ~~~~ 2007 SUPPORTIVE HOUSING PROGRAM RENEWAL GRANT AGREEMENT This Gram Agreement is made by and between the United States Department of Housing and Urban Development (HUD} and The City of Corpus Christi, the Recipient, whose Tax ID numbers 74-6UOOS74 and address is 1.201 Leopard Street, Corpus Christi, TX 78401, for Project Number TX 59 B 701005 /Project Identifier Number S50b2 ,for project to be located at 1919 Leopard Street, Corpus Christi, TX 78408. The assistance which is the subject of this Gram Agreement is authorized by the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter "the Act"). The term "grant" or "grant funds" means the assistance provided under this Agreement. This grant agreement will be governed by the Act, the Supportive Hauling 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 N4FA Section of the NOFA, which was published March 13, 2007 at 72 FR 71742. 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 far the approved project described in the Application. Although this agreement will became 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 agreement shall run from the end of the extension of the original Grant Agreement term for a period of one year .Eligible costs, 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 Pram the first operating year of this Renewal Grant. HUD's fatal fund obligation for-this project is $_160,255 ,allocated as follows: 1. Grant for Operating $_63,012 2. Grant for Supportive Services $ 8989 6~___ 3. Grant for Leasing $ 4. HMIS $ 5. Grant for Administration $_7,631 The Recipient must provide a 25 percent cash match far supportive services. The Recipient agrees to comply with ail requirements of this Grant Agreement and to accept responsibility for sucl~ compliance by any entities to which it makes grant funds available. The Recipient agrees to participate in a local Homeless Management Information System {HM1S} when implemented. The Recipiez~t 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 wrtten above, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HL1D Field Office executing the Grant Ag~~eement. No right, benefit, or advantage of the Recipient hereunder be assigned without prior written approval of HUD. For any pt~oject funded 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 or the project sponsor will or has financed this project through the use of the Low-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 far acquisition, rehabilitation or construction, then, throughout a period of twenty years from the date of initial occupancy or the initial service pr•ovisian, 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 project 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 paragraph 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 duty to provide the supportive housing for the minimum term in accordance with the requirements of Attachment A, noncompliance with the Aet or Attachment A provisions, any other material breach of the Grant Agreement, or misrepresentations in the application submissions which, if known by HUD, would have resulted in this grant not being provided. Upon due nniice to the Recipient of the occurt•ence 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 {h) 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 mare serious 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 or not incur costs for the affected activity; or (e) reduce or recapture the grant; ar (f) direct the Recipient to reimburse the program accounts far costs inappropriately charged to the program; ar (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. Na delay or omission lay HUD in exercising any right or remedy available to it under this Grant Agreement shall impair any sack right or remedy or constitute a waiver ar 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 pa~•ties hereto, and rriay 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 Agreement is hereby executed as follov~~s: UNITED STATES OF AMERICA Secretary of Housing and Urban De~~elopment B)r: ~ ~~ ~ 24I~~ S gnature and Da e .lohn T. Maldnnada Typed name o#' signatory Director Oftice of Cmm~~unit ~ Plannin ~ and Der~elo ment Title RECIPIENT t 1 Narr~e of Organization gy: Austi~orized Signature and Date r~r . Typed name of signatory ___- ~l t~1 IVt~ln~it{~n Title Telephone No ATTACHMENT A PART 583--Si1PPORTfVE HOUSING PROGRAM Subpart A~eneral Sec 583. i Purpose and scope 583.5 Definitions Subpart B Assistance Provided 583.100 Types and uses of assistance 583.105 Grants for acquisition and rehabilitation 583.1 IO Grants fcrr new construction 583.1 I S Grants for teasing 5$3.12[} Grants for supportive service costs 583. i25 Grants for operating costs 583. ! 34 Commitment of grant amounts for leasing, supportive services, and operating costs 5$3.135 Administrative costs 583.140 Technical assistance 583.145 Matching requirements 583. i50 limitations on use of assistance 583.155 Consolidated plan Subpart i;-Application and Grant Award Process 583.`?00 Application and grant award 583.230 Environmental review 583.235 Renewal grants Subpart D--Program Regerlremeuts Subpart A-w-Genera[ § 5831 Purpose and scope, (a) General. The Supportive Housing Program is authorized by title 1V of the Stewart B. McKinney Homeless Assistance Act (the McKinney Act) (42 U.S.C. 11381_11389). The Supportive Housing program is designed to promote 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) Components. 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 park 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 61 F"12 51175, Sept. 30, 1996] 583.300 General operation 583.3(}5 Term of commitment; repayment of grants; prevention of undue benefits 583.31(} Displacement, relocation, and acquisition 583.315 Resident rent 583.320 Site control 583.325 Nondiscrimination and equal opportunity requirements 583.330 Applicability of other Federal requirements Subpart E-Administration 583.400 Grant agreement 583.405 Program changes 583.410 Obligation and deobligation of funds. AUTHORITY: d2 U.S.C. 11389 and 3535(d) SOURCE: 58 FR 13871, Mar. 1S, 1993, unless otherwise noted § 583.51)efinitions As used in this part; Applicant is defined in section 422{1) of the McKinney Act (42 U.S.C 11382(1)), For purposes of this definition, governmental entities include those that have general governmental powers {such as a city or county), as well as those that have limited or special powers (such as public housing agencies}. Consolidated plan [Weans the plan that a jurisdiction prepares and submits to HUD in accordance with 24 CFR part 91. Date of initial occupancy means the date that the supportive housing is initially occupied by a homeless person for whom HUD provides assistance under this part. if the assistance is for an existing homeless facility, the date of initial occupancy is the date that services are first provided to the residents of supportive housing with funding under this part. SI ,Date of initial service provision means the date that supportive services are initially provider! with funds under this part to homeless persons who do not reside in supportive hauling. This definition applies only to projects funded under this part that da not provide supportive housing. Disability is defined in section 422(2) of the McKinney Act (42 U,S.C 11382(2}). Honre.Iess person means an individual or family that is described in section lU3 of the McKinney Act (42 L~.S.C 11302). Metropolitan city is defined in section i02(a){4) of the Housing and Community Development Act of 1974 {42 U.S.C 5302(x){4)}. In general, metropolitan cities are Chase cities that are eligible for an entitlement grant under 24 CFR part 570, subpart D. New construction means the building of a structure where none existed ar an addition to an existing structure that increases the floor area by more than 100 percent. Operating costs is defined in section 422(5) of the McKinney Act (42 U.S.C 11382(5)). Outpatient health sen~ices is defined in section 422(6) of the McKinney Act (42 U.S.C. i 1382{b)). Permanent housing for homeless persons with disabilities is defined in section 424{c) of the McKinney Act {42 U.S.C 11384(c}}. Privute nonprofit organization is defined iri section 422(7) {A}, ($), and (D} of the McKinney Act (42 U.S.C. 11382(7) (A}, ($), 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(d) of the McKinney Act (42 U.S.C. 11382(8), 11384(d)). Recipient is defined in section 422{9} of the McKinney Act (42 U.S.C. 11382(9)}. Rehabilitation 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. Rehabilitation does not include minor or routine repairs. State is defined in section 422{11) of the McKinney Act {42 U.S.C. 113$2(11)). Supportive housing is deftned in section 424(x) of the McKinney Act (42 U.5.C. 11384(x)). Supportive services is defined in section 425 of the A4eKinney Act {42 U.S.C 11385). 7"ransitionul housing is defined in section 424(b) of the McKinney Act (42 U.S.C. 11384{b)). See also § 583.300(]}. Tribe is deftned in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302}. Urban county is defined in section 102(a)(6) of the Housing and Community Development Act of 1974 {42 U.S.C 53U2(a)(ti}). In general, urban counties are those counties that are eligible for an entitlement grant under 24 CFR part 570, subpart D. [61 FR 51175, Sept. 30, 1996] Subpar# B-Assistance Provided § 583.10(} 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 casts for supportive housing, and supportive services, as described in §§ 583.105 through 583.125. Applicants may apply for more than one type of assistance. (b} Uses of grant assistance. Grant assistance rrtay be used to: { 1) Establish new supportive housing facilities ar new facilities to pravide supportive services; (2) Expand existing facilities in order to increase the number of homeless persons served; (3}Bring existing facilities up to a level that meats State and local government health .and safety standards;. (4) Provide additional supportive services far residents of supportive housing or for homeless persons not residing in supportive housing; (5) Purchase 1-ICTD-owned single family properties currently leased by the applicant for use as a homeless facility under 24 CFR part 291; and (6) Continue funding supportive housing where the recipient has received funding under this part for ]easing, supportive services, or operating costs. (c} Strictures used for multiple purposes Structures used to provide supportive housing or supportive services tray also be used far other purposes, except that assistance under this part will be available only ir, proportion to the use of the structure for supportive housing or supportive services. 52 (d) Terhr~ical assistance. HLID may offer technical assistance, as described in § 583.14f?. [SS FR 13871, Mar. 1S, 1993, as amended at S9 FR 36$91, July 19, 1994] § S83.IOS Grants for acquisition and rehabilitation. (a} Use. HUD will grant funds to recipients to: (1) Pay a portion of the cost of the acquisition of real property selected by the recipients for use in the provision of supportive housing ar 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} Pay a portion oC the cost of rehabilitation of structures, including cost effective energy measures, selected by the recipients to provide supportive housing or supportive services; or {3} Pay a portion of the cost of acquisition and rehabilitation of structures, as described in paragraphs (a}(1}and (2) of this section. (b} Amount. The maximum grant available fox acquisition, rehabilitation, or acquisition and rehabilitation is the lower of: {2) The total cost of the acquisition, rehabilitation, or acquisition and rehabilitation minus the applicant's contribution toward the cost. (c) Increased nmounts. In areas determined by HUD to have high acquisition and rehabilitation costs, grants .af more than $20(},(}()(l, but not mare than $4()0,0[1f}, may be available. § 583.110 Grants for new construction. (a} Use. HUD will grant funds to recipients to pay a portion of the cost of new construction, including cast-effective energy measures and the cost of land associated with that construction, for use in the provision of supportive housing. If the grant funds are used for new construction, the applicant must demonstrate that the costs associated with new construction are substantially less than the costs associated with rehabilitation or that there is a lack of available appropriate units that could be rehabilitated at a east less than new construction. For purposes of this cost comparison, costs associated with rehabilitation or new construction may include the cost of real property acquisition. (b} ~lrrtc~unt. The maximum gran[ available for new eanstruction is the lower of: (2) The tole] cost of the new construction, including the cost of land associated with that construction, minus the applicant's contribution toward the cost of same. ~ 583.115 Greats for leasing, (a) General. HUD will provide grants to pay (as described in § 583.13f) of this part} for 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)(I) 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 comparable space. In addition, the rent paid may not exceed rents currently being charged by the same owner for comparable space. (2} Leasing individual ur:its. Where, grants are used to pay rent for individual housing units, the rent paid roust be reasonable in relation to rents being charged for comparable units, taking into account the location, size, type, quality, amenities, facilities, and management services. ht 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 HUD-determined fair market rents. Recipients may use grant funds in an amount up to one month's rent to pay the non-recipient landlord for any damages to leased units by homeless participants. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36891, July 19, 1994] § 583.12Q Grants for supportive services costs. (a} General. HUD will provide grants to pay (as described in § 583.130 of this par[) 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 arrangement with public or private service providers. (b) Supportive 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 for up to six months after they leave the transitional housing facility. [5$ FR 13871, Mar. 15, 1993, as amended at 59 FR 36891, Juiy 19, 1994] 53 583.125 Grants for operating costs, (a} Ge-ieral. 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 casts. Operating costs are those assac:iated 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. (c) Recipient match requirement for operating costs. Assistance for operating casts will be available fnr up to 75 percent of the total cost in each year of the granE term. The recipient must pay the percentage of the actual operating costs not funded by HUD. At the end of each operating year, the recipient must demonstrate that it has met its match requirement of the costs for that year. [58 FR 13871, Mar. 15, 1993, as amended at bl FR 51175, Sept. 3D, 1996; 65 FR 30$23, May 12, 2(}00] § 583.130 Commitment of grant amounts for (easing, supportive services, and operating casts Upan execution of a grant agreement covering assistance for leasing, supportive services, or operating costs, HUD will obligate amounts for a period not 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 costs. (Approved by the Office of Management and Budget under OMB control number 250b--0112} [59 FR 36891, July l9, f 9941 § 583135 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, (b) Administrative casts, 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 admnistering the grant after the award, and staff salaries associated with these administrative costs. They do not include the casts of carrying out eligible activities under §§ 583.105 through 583.]25. [58 FR 13871, Mar. 15, 1993, as amended at 6I FR S 1175, Sept. 3fl, 199t5] § 583.140 Technical assistance, (a) General. HUD may set aside funds annually to provide Eechnical 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 services as part of a continuum of care approach, including innovative approaches to assist homeless persons in the transition from homelessness, and promoting the provision of supportive housing to homeless persons to enable them to live as independently as possible. (b} Uses of technical assistance. HUD tnay 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, manuals, guides, and brochures; person-to-person exchanges; and training and related costs. (c) Selection of providers. From time to time, as HUD determines the need, HUD tnay 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 36$92, July 19, 1994] § 583.145 Matching requirements. (a) General. 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 more 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. l S0(a}. § 583.150 Limitations an use of assistance. {a} Mai~tterrance of effort. No assistance provided under this part (or 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 persans. {b} Faith-based activities. (1) Organizations that are religious or faith-based are eligible, on the same basis as any other organisation, to participate in the Supportive Housing Program. I4'either the Federal S4 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 proselytization 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, from the programs ar services funded under this part, and participation must be voluntary for the beneficiaries of the 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 Prograrn- funded services, without removing religious ark, icons, scriptures, yr other religious symbols. In addition, a Supportive Housing Program-funded religious organization retains its authority over its internal gaventanee, and it may retain religious terms in its organization's name, select its beard 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 rehabilitat'tvn of structures only to the extent that those structures are used for conducting eligible activities under this part. Where a struciure 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, ar any change in use of the property during the term of the grant, is subject to government- wide regulations governing real property disposition {see 2a CFR parts $4 and $S). (6) If a State or local government voluntarily contributes its own funds to supplement federally funded activities, the State or local government has the option to segregate the Federal funds or commingle them. However, if the funds are 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 or sites but rather proposes to asss`st a homeless fantily or individual in obtaining a lease, which may include assistance with rent payments and receiving supportive services, after which time the family or individual remains in the same housing without further assistance under this part, that applicant may oat request assistance for acquisition, rehabilitation, or new construction. (58 FR 13871, Mar. 1S, 1993, as amended at 54 FR 36892, July 19, 1993; 58 FR 56407, Sept. 30, 2003] § 5$3.IS$ Consolidated plan. (a) Applicants that are States or units of 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 fallowing the HUD=approved consolidated plan. (b}Applicants that are not States or units of general local government. The applicant must submit a certification by the jurisdiction in which the proposed project will be located that the applicant's application for 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 Insular Areas of Guam, the U.S Virgin lslartds, Anserican Samoa, and the Northern Mariana lslar:ds. These entities are not required to have a consolidated plan ar to rrt~ke consolidated plan certifications. An application by an Indian tribe or other applicant for a project that will be SS 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 an a reservation, the requirement for a certification under paragraph (b) of this section will app! y. (d) Tinning of consolidated plena certifiratiort submissiUras. Unless otherwise set forth in the NOFA, the required certi~catian that the application for funding is consistent with the HUD-approved consolidated plan must be submitted by the funding application submission deadline announced in the NOrA. [fit? FR ] fs3$0, Mar. 3U, 1995 Subpart C--Application and Grant Award Process § 583.200 Application and grant award When futrds are made available for assistance, HUD will publish a notice of funding availability (N~FA) in the FEDERAL. REGISTER, in accordance with the requirements of 24 CFR part 4. HUD will review and screen applications in accordance with the requirements in section 426 of the McKinney Act (42 U.S.C. 1 I386) and the guidelines, rating criteria, and procedures published in the NOFA. [61 FR 51176, Sept. 3f}, 1996] § 583.230 Environrtrental review. (a) Activities under this part are subject to HUD environmental regulations in part 5$ of this title, except that HUD will perform an environmental review in accordance with part SD of this title prior to its approval of any conditionally selected applications for Fiscal Year 2000 and prior years that were received directly from private nonprofit entities and governmental entities with special or limited purpose powers. Fnr activities under a grant that generally would be subject to review under part 58, HUD may make a finding in accordance with § 5$.I 1(d} and may itself perform the environmental review under the provisions of part 50 of this title if the recipient objects in writing to the responsible entity's performing the review under part 58. Irrespective of whether the responsible entity in accord with part 5$ (or HUD in accord with part 50) performs [he environmental review, the recipient shall supply all available, relevant information necessary for the responsible entity (ar 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 (or HUD, if applicable) or select alternate eligible property. HUD may eliminate fratn consideration any application that would require an Environmental Impact Statement (EIS). (b) The recipient, its project partners 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 far 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 ether party commits grant funds (i. e., incurs any casts or 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, 2(103) § 583.235 Renewal grants. (a) General. Grants made under this part, and grants made under subtitles C and D (the Supportive Housing Demonsvatian and SAFAH, respectively) of the Stewart B. McKinney Homeless Assistance Act as in effect before October 2$, 1992, may be renewed on a noncompetitive basis to continue ongoing leasing, operations, and supportive services far additional years beyond the initial funding period, To be considered far renewal funding for leasing, operating costs, ar 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 HUD. (b) Assistance available. The first renewal will be for a period of time not to exceed the difference between the end of the initial funding period and ten years from the date of initial occupancy yr 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: (l) 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 far cost increases. ,(c} NUD review. (1}HUD will review the request for renewal and will evaluate the recipient's performance in previous years against [he 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 ss not homeless, or the recipient has not 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. Tn determining 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 recipients 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 will affect HUD's decision to approve a renewal request include the following: a continuing history of inadequate financial management accounting practices, indications of mismanagement on the part of the recipient, a drastic reduction in the population served by the recipient, program changes made by the recipient without prior HUD approval, and loss of project site. (2) HUD reserves the right to reject a request from any organization with an outstanding obligation to HUD that is in arrears nr for which a payment schedule has not been agreed to, or whose response to an audit finding is overdue ar unsatisfactory. {3) HUD will notify the recipient in writing that the request has been approved ar disapproved. (Approved by the Office of Management and Budget under control number 2SOb-0112} Subpart D-Program Requirements § 5$3.340 General operation. (a) State and local requirements. Each recipient of assistance under this part must provide housing or services that are in compliance with all applicable State and local housing codes, licensing requirements, and any other requirements in the jurisdiction in which the project is located regarding the condition of the structure and the operation of the housing or services. (b} Habitability standards. Except for such variations as are proposed by the recipient and approved by HUD, supportive housing must meei the following requirements: (1) Structure and materials. The structures rraust be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the residents from the elements. (2) Access. The housing must be accessible and capable of being utilized without unauthorized use of other private properties, Structures must provide alternate means of egress incase of fire. (3}Space and security. Each resident must be afforded adequate space and security for themselves and their belongings Each resident must be provided an acceptable place to sleep. (4) lrtterior crir duality. Every room or space must be provided with natural or mechanical ventilation. Structures must be free of pollutants in the air at levels that threaten the health of residents. {5) Water supply. The water supply must be free from contamination. (5} Sanitary facilities. Residents must have access to sufficient sanitary facilities that are in proper operating condition, may be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. (7) TFter»ral em~ironrnent. The housing must have adequate heating andlor cooling facilities in proper operating condition. ($) illumination rind electricity. The housing must have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of residents. Sufftcient electrical sources must be provided to permit use of essential electrical appliances while assuring safety from fire. (9) Food preparation oral refuse disposal. Ail food preparation areas must contain suitable space and equipment to store, prepare, and serve food in a sanitary manner. (10) Sanitary condition. The housing and any equipment must be maintained in sanitary condition. (11) 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-impaired person. (ii) The public areas of ail housing must be equipped with a sufficient number, but not less than one for each area, of battery-operated or hard-wired smoke detectors. Public areas include, but are not limited to, laundry roams, community roams, day care centers, hallways, stairwells, and other common areas. (c} hfeals. Each recipient of assistance under this part who provides supportive housing for homeless 57 perst~ns with disabilities must provide meals or meal preparation facilities for residents. (d) Ongairtg usse.rsnrerrt of srcppvrtiti~e sen~ices. Each recipient of assistance under this part must conduct an ongoing assessment of the supportive services requited by the residents of the project and the availability of such services, and make adjustments as appropriate. (e) Residential serpervision. Each recipient of assistance under 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 znay include the employment of afull- ar part-time residential supervisor with sufficient knowledge to provide or to supervise the provision of supportive services to the residents. {f) Participation of homeless persons, {1) Each recipient roust provide far the participation of homeless persons as required in section 426(g) of the McKinney Act (42 iJ.S.C. 11386(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$3.33t)(e}. (2) Each recipient of assistance under this part must, to the maximum extent practicable, involve Homeless individuals and families, through employment, volunteer services, yr otherwise, in constructing, rehabilitating, maintaining, and operating the project and in providing supportive services for the project. {g) Retards and reports. Each recipient of assistance under this part must keep any records and make any reports (including those pertaining to race, ethnicity, gender, and disability status data) that HUD may require within the timefrarnc required. (h) Canfidenriatity. Each recipient that provides family violence prevention or 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 or persons responsible far the operation of the project. (i) Terrni>aariorr of hversing assistance The recipient may terminate assistance to a participant why violates program requirements. Recipients should terminate assistance only in the most severe cases. Recipients tray 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 far termination; (2) A review of the decision, in which the participant is given the opportunity to present written ar oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination decision; and (3) Prompt written notice 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 for the individual or family has not been located or if the individual or family requires additional time to prepare for independent living. However, HUD may discontinue assistance far a transitional housing project if mare than half of the homeless individuals or families remain in that project longer than 24 months. (k) Dutpatient healt{e services. Outpatient health services provided by the recipient must be approved as appropriate by HUD and the Department of Health and Human 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 must provide an annual assurance for each year such assistance is received that the project will be operated for the purpose specified in the application. (Approved by the Of#ice of Management and Budget under control number 2506-0112) [58 ER 13871, Mar. I5, 1943, as amended at 59 FR 36892, 3uly 19, 1994; 61 FR 51176, Sept. 30, 1996] § 583.305 Term of commitment; repayment of grants; preventlon of undue benefits, (a) Term of commitment oral conversion. Recipients must agree to operate the housing or 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. 113$3(b)(1), l 1383(b)(3)). ' (b) Repayment of grant aced prevention of undue benefits, In accordance with section 423(c) of the 58 McKinsey Act (42 U.S.C. 11383(c)), HUD will require recipients to repay the grant unless HUD has authorized conversifln of the project under section 423(b)(3} of the McKinney Act (42 U.S.C. 11383(b){3)). [fil FR 5117b, Sept. 30, 199b] § S$3.310 Displacement, relocation, and acquisition. (a} Mirrirnizirrg dispCrtcement. 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 this part. (b) Relocatior3 assistnnte for displaced personas. 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 Policies Act of 197(1 (URA) (42 U.S.C. 4601-3655) and implementing regulations at 49 CFR part 24. (c) Real prnperty acrluisitipn requirements The acquisition of real property for supportive housing is subject to the LIRA and the requirements described in 49 CFR part 24, subpart B. (d) Resparrsibility of recipient. (1) The recipient must certify {i. e., provide assurance of compliance) that it will campIy 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 cast of required relocation assistance is an eligible project cost in the same manner and to the same extent as other project costs. Such casts 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, may mile a written appeal of that determination with the recipient. Alow-income person who is dissatisfied with the recipient's determination an his or her appeal may submit a written request for review of that determination to the HUD field office. ' (f) De, fi'rrition o, f displaced person. (i) For purposes of this section, the term "displaced person" means a person (family, individual, business, nonprofit organization, or farm} that moves from real property, vt moves personal property from real property permanently as a direct result of acquisition, rehabilitation, or demolition for supportive housing projects assisted under this part. The terns "displaced person" includes, but may not be limited to: (i) A person that moves permanently from the real property after the property owner (vr 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 ar 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 (f)(1)(i) of this section, if the recipient or HUD determines that the displacement resulted directly from acquisition, rehabilitation, or demolition for the assisted project. (iii) Atenant-occupant of a dwelling unit who moves permanently from the building/complex on or after the bate 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 yr her the opportunity tv lease and occupy a suitable, decent, safe and sanitary dwelling in the same building/ complex, 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 da slat 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 or near the maximum, there must be a reasonab[e 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, but does not return to the buildinglcvmplex, if either: (A) A tenant is not offered payment far all reasonable out-af-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 or 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 ($) 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 far 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 ar occupancy agreement, vialatian of applicable Federal, State, yr local pr tribal law, or other good cause, and HUD deletrrtines 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 lease 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 for any assistance provided under this section), if the project is approved; (iii} The person is ineligible under 49 CFR 24.2(g)(2); ar (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) Defrnitiun of initiation of negutiatio~ts. Far purposes of determining the €ormula for computing the replacement housing assistance to be provided to a residential tenant displaced as a direct result of privately undertaken rehabilitation, demolition, ar acquisition of the real property, the term "initiation of negotiations" means the execution of the agreement between the recipient and HUD. (h) Definition of project. For purposes of this section, the terra "project" means an undertaking paid for in whole or in part with assistance under this part. Two or more activities that are integrally related, ehch essential to the others, are considered a single project, whether or not all component activities receive assistance under this part. (58 FR 13871, Mar. 15, 1993, as amended at 59 FR 35892, 7uly 19, 1994] . § 583.315 Resident rent. (a) Calcerlation of resident rent. Each resident of supportive housing may be required to pay as rent an amount determined by the recipient which may not exceed the highest of: {l) 34 percent of the family's monthly udjusted income (adjustment factors include the number of people in the family, age of family members, medical expenses and child care expanses). The calculation of the family's monthly adjusted income must include the expense deductions provided in 24 CFR 5.611(x), 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 5,617, if applicable; (2) i0 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 pats of the payments, adjusted in accordance with the family's actual housing costs, is specifically designated by the agency to meet the family's housing costs, the portion of the payment that is designated for housing costs. (b} Use of rent. Resrdertt rent may be used in the operation of the project or may be reserved, in whole ar in part, to assist residents of transitional pausing in moving to permanent housing. (c} Fees. In addition to resident rent, recipients may charge residents reasonable fees far services not paid with grant funds. [58 FR 13871, Mar. i5, 1993, as amended at S9 FR 36892, July 19., 1944; G6 FR 6225, .Ian. 19, 2Q(? I ] $ 583.320 Site control, (a) Site control. (1) Where grant funds will be used for acquisition, rehabilitation, or new construction to provide supportive housing ar supportive services, or where grant funds wilt be used for operating costs of supportive housing, or where grant funds will be used to provide 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), If such site contro3 is not demonstrated within one year after initial notification of the award of assistance under this 60 part, the grant will be deobligated as provided in paragraph {c) of this section. (2) Where grant funds will be used to Iease all or part of a structure to provide supportive housing or supportive services, or where grant funds will be used to lease individual housing units for homeless persons who will eventually control the units, site control need not be demonstrated. (b) Site 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, or new construction costs for the substitute site are greaser than the amount of the gram awarded far the site specified in the application, the recipient must provide for all additional casts. 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) Failtere to obtain site control within une year. HUD will recapture or deobligate any award far 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 opportunity requirements. (a) General. Notwithstanding the permissibility of proposals that serve designated populations of disabled homeless persons, recipients serving a designated population of disabled homeless persons era required, within the designated population, to comply with these requirements for nondiscrimination on the basis of race, solar, religion, sex, national origin, age, familial status, and disability. {b) Nondiscrimination and equal opportunety requirements. The nondiscrimination and equal opportunity requirements set forth at part S of this title apply to this program. The Indian Civil Rights Act (25 U.S.C. 1301 et seq.) applies to tribes when they exercise their powers of self-gavemment, and to Indian housing authorities {IRAs) when established by the exercise of such powers. When an IRA 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 Aci must be developed and operated in compliance with its provisions and all implementing HUD requirements, instead of title VI and the Fair Housing Act and their implementing regulations. (c) Pr©cedures. (1} If the procedures that the recipient intends to use to make known the availability of the supportive housing are unlikely to reach persons of any particular race, color, religion, sex, agc, national origin, familial status, or handicap who may qualify for admission to the housing, the recipient must establish additional procedures that will ensure that such persons can obtain information concerning availability of the hauling. {2) The recipient must adopt procedures to 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} Accessibidiry requiremer:ts. The recipient must comply with the new construction accessibility requirements of the. Fair Housing Act and section 504 of the Rehabilitation Act of 1973, and the reasonable accommodation and rehabilitation accessibility requirements of section 504 as follows: (1) All new construction must meet the accessibility requirements of 24 CFR 8.22 and, as applicable, 24 CFR 100.205. (2) Projects in which costs of rehabilitation are 75 percent ar more of the replacement cost of the building must meet the requirerrtents of 24 CFR 8.23{a). Other rehabilitation must meet the requirements of 24 CFR 8.23{b). [5$ FR 13871, Mar. 15, 1993, as amended at 59 FR 33894, rune 30, 1994; b I FR 52117, Feb. 9, 1995; 61 FR 51175, Sept. 30, 1996] $ 583.33t? Applicability of ©ther 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) Flaad insurance, (1) The Flood Disaster Protection Act of 1973 (42 U.S.C 4001-4128} prohibits the approval of applications for assistance for acquisition or 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 FEMA notification regarding such hazards; and (ii) Flood insurance is obtained as a condition of approval of the application. fil (2) Applicants with supportive housing located in an area identified by FEMA as having special flood ]razards and receiving assistance far acquisition or construction (including rehabilitation) are responsible for assuring that flood insurance under the National Flood Insurance Program is obtained and maintained. (b) 7'he Coastal Barrier Resources Act of 1982 (l6 U.S.C. 3501 erseq.) may apply to proposals under this part, depending on the assistance requested. (~) Applicability of OMB Circulars. The policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles Applicable to C'~rants, Contracts and Other Agreements with State and Local Governntents) and 24 CFR part $S apply to the award, acceptance, and use of assistance under the program by governmental entities, and OMB Circular Nas. A-11{1 (Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations) and A--122 (Cast Principles Applicable to Grants, Contracts and Other Agreements with Nonprofit Institutions) apply to the acceptance and use of assistance by private nonprofit organizations, except where inconsistent-with the provisions of the McKinney Act, other Federal statutes, or this part. (Copies of OMB Circulars may be obtained from E,O:P. Publications, rapm 2200, New Executive Office Building, Washington, DC 20503, telephone (202) 395--7332. (This is not atoll-free number.) There is a limit of two free copies. (d} Lead-haled paint. The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4845), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 48S 1~3$S6), 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 85, 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 ar 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 thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure or far one year thereafter. Participation by homeless individuals who also are participants under the program in policy or deeisionmaking under § 583.3Q0(f) does not constitute a conflict of interest. {2) Upon the written request of the recipient, HLTD may grant an exception to the provisions of paragraph (e)(1 } 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 haw the public disclosure was made; and {ii}For all recipients, an opinion of the recipient's attorney that the interest for 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 rnet the requirement of paragraph (e}{2) of this section, HUD 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 or provided to the group or class; (iii) Whether the affected person has withdrawn from his or her functions or responsibilities, or the deciss`onmaking process with respect to the specific assistexl activity in question; (iv) Whether the interest or 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 result 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) Audit. The financial management systems used by recipients under this program must provide far 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. 62 {g) Davis-Bacon Act. The provisions of the Davis-Bacon Act do not apply to this program. [58 FR 138X, Mar. 15, 1993, as amended at 61 FR 5211, Feb. 9. 1996; G4 FR 5022G, Sept. 15, 1999] Subpart E---Administration § 583,400 Grrant agreement. (a) General. The duty to provide supportive housing or supportive services in accordance with the requirements of this part will be incorporated in a grant agreement executed by HUD and the recipient. fb) Enforc~e-tierrt. HiJ17 will enforce the obligatiatrs in the; grant agreement through such action as may be appropriate, including repayment of funds that have already bean disbursed to the recipient. § SS3.405 Program changes. (a) HUD approval. (1) A recipient may not make any significant changes to an approved program without prior HUD approval. Significant changes include, but are not [!mired to, a change in the recipient, a change in the project site, additions or deletions in the types of activities listed in § 583.100 of this part approved for the program ar a shift of more than 10 percent of funds from one approved type of activity to another, and a chattge in the category of participants to be sowed. Depending on the nature of the Change, HUD 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 afier [he approved change to have been competitively selected far funding in the year the application Duos selected. (b) Dncumentatlnn of other changes. 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. 15, 1993, as amended at til FR 51176, Sept. 30, 199Gj § 583.430 Obligation and deobligation of funds, (a) 4bligarion of fu~Yds. When HUD and the applicant execute a grant agreement, funds are obligated to cover the amount of the approved assistance under subpart B of this part. The recipient will be expected to carry out the supportive housing or supportive services activities as proposed in the application. (b) Increases. After the initial obligation of funds, HUD will not make revisions to increase the amount obligated. {c) Deobligation. (1) 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 titan the total cast anticipated in the application; or (ii) If proposed activities for which funding was approved are not begun within three months or residents do not begin to occupy the facility within nine months after grant execution. (2) HUD may deobligate the amounts for annual leasing costs, operating costs or supportive services in any year: (i) if the actual leasing costs, operating costs 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 afier the units are available for occupancy. (3) The gran! agreement may set forth in detail other circumstances under which funds may be deobligated, and other sanctions may be imposed. (4) HUD tray: (i) Readyertise the availability of funds that have been deobligated under this section in a notice of fund availability under § 583.200, or (ii) Awat'd deobligated funds to applications previously submitted in response to the most recently published notice of fund availability, and in accordance with subpart C of this part. G3 EXHIBIT B INSURANCE REQUIREMENTS Subrecipient'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 subcontractor 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 Sin_ le Limik 1. Commercial Form 2. Premises -Operations 3. Products) Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors 6. Broad Form Property Damage 7. Personallnjury C. !n 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. I!. ADDITIONAt_ 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 nat 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 Cantinum of Care Serrrice 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: j~3c~J 2aog Affiant: C-atpU.J C-~ui~~""~ ~'Y1e~ 11'1+h~s~'/!mss Continuum of Care Grant Subrecipient Affiant, on oath, swears the following statements are true: I, ~ g- ~ , ~ Z`?.! ~ , am the C~~ a ~ ~,~eck,,c~t.~... ]~~ ru.~~. (title) of Car~pc,c,s C~,~,; a ~; 1'YL~rf ra ~/y1, k a~~-r~ ~ ~ , ]r'vt ~ , , 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 subrecipient organization ("Subrecipient"), I 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, 84, 85, 107, 135 and 146, as applicable OMB Circular A-110 24 CFR 583 OMB Circular A-122 41 CFR 60.1 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, acknowledge that there may be additional Federal rules and regulations, beyond the rules and regulations listed above, to which the Subrecipient may be subject to and with which the Subrecipient must comply, in accordance with Federal laws. Signed: t ~ t SWORN TO AND SUBSCRIBED before a this the ,, 2008. _ . ~~ M1r'ru271-+A A. TQV~ (seal) %~ `v°t~~' ~~n~~~Notary Pu lic, State of Texas S7A~ E O!= -I `:XAS # F. ?ay Corrrn. G, (;=3-~6.2U1f~ day of -~ EXHIBIT D ~~ CITY OF CORPUS CHRISTI ~~=- DISCLOSURE OF INTEREST City of Corpus Christi City pf Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the fallowing information. Every question must be answered. If the question is not applicable, answer with "NA". See definitions an next page. COMPANY NAME: f l z ~k ~ ~~ , ~ ~J .~h P. O. Bax: _ ~ Ir~ ! STREET ADDRESS: _.__1. I.1 ~I ~4~I.cQ ~5~. CITY: GiS~L,Pw~ C--~1~J'f~ .! ~ ZIP: ~~~ FIRM IS: 1. Corporation [~] 2. Partnership ^ 3. Sole Owner 4. Association ^ 5. Other If additionai space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Carpus Christi having an "ownership interest" constituting 3% or mare of the ownership in the above named "firm." ~~ Name Job Title and City Department (if known) 2. State khe names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N~ 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N ~- ~F. State the names of each employee or officer of a "consultant" for the Ciry of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant i~ 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 submit#ed to the City of Corpus Christi, Texas as changes occur. Certifying Person: ~J,9- ~ y 2 Z! Title: li~ ~ ~~ mac. ~~ u c ,D~,*ac~a/' Signature of Certifying Person: ~ ~ ~ Date: ~ ~a 2aZ] ~' Page 1 of 2 1 , DEFINITIONS 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, industriak or commercial, and whether established to produce or deal with a product or service, including but not limited ta, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non- profit organizations. 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 ~ S s /rte / ~5 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 far influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit with this a Standard Farm-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 certifica#ion 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 Sec#ion 1352, Title 31, U.S. Cade. Any person who fails to file fhe required certification shall be subject to a civil penalty of not less than $10,000 and no# more than $100,000 for each such failure. G ~~ o Signature ~O Lr r f ~ ZZf. Print Name of Authorized Individual 3 a z. . Date Organ~Name