HomeMy WebLinkAboutC2008-423 - 4/8/2008 - ApprovedCONTINUUM OF CARE GRANT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
CHARLIE'S PLACE
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This agreement ("Agreement") is made and entered into by the City of Corpus Christi, a
Texas home-rule municipal corporation ("City"), acting through its City Manager or the
City Manager's designee ("City Manager"), and the Coastal Bend Alcohol & Drug
Rehabilitation Center doing business as Charlie's Place ("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 $142,569 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 obligatioi
performances, and accomplishment of the tasks
SECTION 1. CITY'S FUNDING OBLIGATIONS. The City agrees to:
1.1 Funding. Provide the Subrecipient not more than One Hundred Forty-two
Thousand Five Hundred Sixty-nine Dollars ($142,569) of COC funds on a
reimbursement basis, based on the stated services to be provided pursuant to the
~--- ~ 2008-423 ^ederal Assistance, PIN number TX55011, a copy of which is
04/08/08 and is attached to this Agreement as Exhibit A.
M2008-086
Charlie's Place
1.2 Reimbursement. Reimburse COC funds to the Subrecipient according to this
Agreement and as follows:
(A) Not more than $0.00 will be reimbursed to the Subrecipient for payment of
operating costs related to supplying supportive housing services for the homeless.
(B) Not more than $135,780 will be reimbursed to the Subrecipient for the provision
of essential supportive housing services to the homeless.
(C) Not more than one half of $6,789 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 $33,945 must be spent by the Subrecipient to provide essential
supportive housing services to the homeless.
(B) Not less than $0.00 must be spent by the Subrecipient to provide for the operating
costs related to supplying supportive housing services to the homeless.
(C) Not less than $0.00 must be spent by the Subrecipient to provide for HMIS costs
related to supplying supportive housing services to the homeless.
2.2 Staff and Administrative Support. Provide sufficient staff and administrative sup-
port to carry out the stated services, supervise the delivery of supportive housing ser-
vices to homeless persons, and provide supervision and oversight, by the Subreci-
pient's Board of Directors, of professional services provided by the Subrecipient.
2.3 Services and Facilities. Provide services and utilize the facilities or buildings in
accordance with the Continuum of Care Grant Program regulations contained in the
United States Code of Federal Regulations ("CFR"), and including, but not limited to,
those federal requirements contained in Sections 5 and 6 of this Agreement.
2.4 Permits and Licensing. Obtain and maintain any permits, certificates, and licen-
ses that are required of the stated services and of the facility or the services offered
therein by the State of Texas and any other agencies having regu
the facility or services.
Duel
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 tl~1e Administrator of the City's Community Development Department
("CDD").
CBADRC Charlies Place COC Agmt FY0708.doc Page 2 of 12
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.
Subrecipient shall adhere and comply with the reporting requirements mandated for the
Homeless Management Information System (HMIs) administered by the City as a
condition of receiving funds under this Agreement.
2.8 Notification of Change. Notify the City within ten (10) days when the scope,
funding, staffing, or services being provided by the Subrecipient changes from its cur-
rent level.
2.9 Use of Funds. Expend all funds solely for the services described and funded
under this Agreement and in accordance with HUD regulations. The Subrecipient shall
reimburse the City for all City-provided COC funds expended by the 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 final 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 upon final execution, in accordance with the
grant period, provided the City's City Council has approved its execution, and
terminates on July 31, 2009.
3.2 Termination. Either party may terminate this Agreement as of the last day of any
month upon thirty (30) days prior written notice to the other party.
3.3 Notices.
(A) All notices, demands, requests, or replies provided for or permitted under this
Agreement, by either party must be in writing and must be delivered by one of the
following methods: (1) by personal delivery; (2) by deposit with the United States
Postal Service as certified or registered mail, return receipt requested, postage
prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express
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.
CBADRC Charlies Place COC Agmt FY0708.doc
Page 3 of 12
(C) All such communications must only be made to the following:
If to the City:
City of Corpus Christi
Attn: Admin., Community Dev.
P. O. Box 9277
Corpus Christi, Texas 78469-9277
(361) 880-3045 Office
(361)844-1740 Fax
If to the Subrecipient:
CBADRC -Charlie's Place
Attn: Executive Director
24 N. Country Club Place
Corpus Christi, TX 78407
(361) 882-9302 Office
(361)883-3402 Fax
(D) Either party may change the address to which notice is sent by using a method set
out above. The Subrecipient shall notify the City of an address change within 10
working days after the address is changed.
SECTION 4. INSURANCE AND INDEMNITY PROVISIONS
4.1 Liability Insurance. The Subrecipient shall have in force, throughout the term of
this Agreement, insurance that complies with the standards in Exhibit B, a copy of
which is attached to this Agreement and incorporated in this Agreement by reference. A
certificate evidencing the Subrecipient's provision of insurance must be provided to the
City's Risk Manager ("Risk Manager") and the Administrator of CDD at least ten (10)
days prior to any expenditures of COC funds by the Subrecipient. Failure to maintain
any of the types and limits of the insurance required by Exhibit A is cause for the City
Manager or the Administrator of CDD to terminate this Agreement and cancel any and
all reimbursements of COC funds to the Subrecipient.
4.2 Fire and Extended Coverage. The Subrecipient shall also have in force, through-
out the term of this Agreement and during the period which the facilities or building must
be maintained as a shelter for the homeless in accordance with Section 5.2 of this
Agreement and 24 CFR §576.53, as amended, fire and extended coverage insurance in
the amount indicated in Exhibit B. Failure to maintain such insurance is cause for the
City to terminate this Agreement and cancel any and all reimbursements of COC funds
to Subrecipient.
4.3 Notice to City. Subrecipient shall require its insurance companies, written policies,
and certificates of insurance to provide that the City must be given thirty (30) days ad-
vance notice by the insurer prior to cancellation, nonrenewal, or material change of the
insurance policies required by Exhibit B.
4.4 Right to Re-evaluation and Adjust Limits. The Risk Manager retams t e ng o -
re-evaluate the insurance requirements during the term of this Agreement and adjust
the types and limits of such insurance upon thirty (30) days written notice to Subrecip-
ient. Insurance types and limits may not be adjusted more frequently than once a year.
4.5 INDEMNIFICATION.
(A) Subrecipient covenants and agrees that it will indemnify and hold
City harmless of, from, and against all claims, demands, actions,
CBADRC Charlies Place COC Agmt FY0708.doc Page 4 of 12
damages, losses, costs, liabilities, expenses, and judgments re-
covered from or asserted against the City 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 ("Indemnitees"),
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 its agents, servants, employees,
contractors, patrons, guests, licensees, or invitees entering upon
the facilities being used pursuant to this Agreement and with or
without the express or implied invitation or permission of the
Subrecipient, or when any such injury or damage is the result,
proximate or remote, wholly or in part, of the violation by In-
demnitees, the Subrecipient or any of its agents, servants, em-
ployees, contractors, patrons, guests, licensees, or invitees of any
law, ordinance, or governmental order of any kind, or when any
such injury or damage may in any other way arise from or out of
the use or occupancy of the facilities by Indemnitees, the Subre-
cipient orany of its agents, servants, employees, contractors,
patrons, guests, licensees, or invitees, including, but not limited
to, the failure of the Subrecipient to maintain the Facilities.
(B) These terms of indemnification are effective upon the date of exe-
cution of this Agreement and whether such injury or damage may
result from the contributory negligence or concurrent negligence
of Indemnitees, but not if such injury or damage may result from
the gross negligence or willful misconduct of Indemnitees.
(C) The Subrecipient covenants and agrees that, in case the City is
made a party to any litigation against the Subrecipient or in any
litigation commenced by any party other than the Subrecipient re-
a -ng o -s gree t
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 cots and expenses
CBADRC Charlies Place COC Agmt FY0708.doc Page 5 of 12
of any kind whatsoever arising from any said claims, demands, ac-
tions, damages, losses, costs, liabilities, expenses, or judgments.
(D) 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 must be performed by the Subrecipient, or under its supervision. It is
agreed by the parties to this Agreement that the Subrecipient is an independent con-
tractor providing the services on behalf of the City and that the Subrecipient may not
incur any debts or obligations on behalf of the City.
SECTION 5. PROGRAM REQUIREMENTS
5.1 Matching Funds.
(A) The Subrecipient shall match the COC funding providing by the City with an amount
of cash funds from sources other than COC funds. These matching funds must be
provided after the date of the grant award to the Subrecipient and the execution of
this Agreement. Funds used to match a previous COC grant may not be used to
match a subsequent grant award under this Agreement.
(B) The Subrecipient shall request payment from the City on acost-certified basis for
only those services specified in this Agreement and which are matched on a cash
basis in accordance with this Section 5.1 and the regulations contained in the Code
of Federal Regulations. The Subrecipient shall submit matching funds support
documentation which must be provided with each request for payment.
5.2 Use as an Emergency Shelter.
(A) Any building for which COC funds are used by the Subrecipient for use as an
emergency shelter for the homeless must be maintained as a shelter for the
homeless for not less than athree-year period from the date of execution of this
Agreement.
(B) Any building for which COC funds are used for the provision of essential supportive
housing services to the homeless or payment of maintenance, operation, insurance,
utl Ity, or urnls mg cos s mus a marn alned as a she er or a home-less for fhe ---
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.
CBADRC Charlies Place COC Agmt FY0708.doc Page 6 of 12
5.3 Building Standards. Any building for which COC funds are used to provide
supportive housing services for the homeless must meet local government safety and
sanitation standards.
5.4 Assistance to the Homeless. The Subrecipient shall assist homeless individuals
and families in obtaining access to appropriate supportive housing services, including
permanent housing, counseling, supervision, and other services essential 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 Comp., p. 307), as each may be
further amended; Equal Opportunity in Housing Programs and implementing regu-
lations at 24 CFR Part 107, as each may be amended; Title VI of the Civil Rights
Act of 1964 (42 U.S.C. §§2000d-2000d-4), as it may be amended; and, Nondiscrim-
ination in Federally Assisted Programs and implementing regulations at 24 CFR
Part 1, as each may be amended;
(B) The prohibitions against discrimination on the basis of age under the Age Discrimi-
nation Act of 1975 (42 U.S.C. §§6101-07) and implementing regulations at 24 CFR
Part 146, as each may be amended; and the prohibitions against discrimination
against otherwise qualified individuals with disabilities under Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. §794) and implementing regulations at 42
U.S.C. §12101 et seq., and 24 CFR Part 8, as each may be amended. For pur-
poses of the COC funding programs, the term "dwelling units" in 24 CFR Part 8, as
it may be amended, includes sleeping accommodations;
(C) The requirements of Executive Order 11246 and the supplemental regulations
issued in 41 CFR Chapter 60, as each may be amended;
(D) The requirements of Section 3 of the Housing and Urban Development Act of 1968,
12 U.S.C. §1701 u, and implementing regulations at 24 CFR Part 135 and 24 CFR
§570.607(b), as each may be amended;
(E) The requirements of Executive Orders 11625, as amended by Executive Orders
12007 (3 CFR, 1971-1975 Comp., p. 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 Development), as each
may be amended; and Executive Order 12138, as amended 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,
CBADRC Charlies Place COC Agmt FY0708.doc Page 7 of 72
(F) The requirement that the Subrecipient make known that use of the facilities and ser-
vices is available to all persons on a nondiscriminatory basis. Where the proce-
dures that a Subrecipient uses to make known the availability of such facilities and
services are unlikely to reach persons with disabilities or persons of any particular
race, color, religion, sex, age, or national origin within the Subrecipient's service
area who may qualify for them, the Subrecipient shall establish additional proce-
dures that will ensure that these persons are made aware of the 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 that are accessible to persons with disabilities.
6.2 Applicability of OMB Circulars. The Subrecipient shall comply with the policies,
guidelines, and requirements that are applicable to the use of COC funds set forth in the
Code of Federal Regulations, in the United States Office of Management and Budget
("OMB") Circular No. A-122, and in all other OMB circulars as each may relate to the
acceptance and use of COC funds.
6.3 Lead-based Paint.
(A) Subrecipient shall comply with the applicable requirements of the Lead-Based
Paint Poisoning Prevention Act (42 U.S.C. §§4821-4846), the Residential Lead-
Based Paint Hazard Reduction Act of 1992 (42 U.S.C. §§4851-4856), and the
implementing regulations at 24 CFR Part 35, as each may be amended.
(B) In addition, the Subrecipient shall also meet the following requirements relating to
inspection and abatement of defective lead-based paint surfaces:
(1) Treatment of defective paint surfaces must be performed before final inspec-
tion and approval of any renovation, rehabilitation, or conversion activity under
this Agreement; and
(2) Appropriate action must be taken to protect shelter occupants from the
hazards associated with lead-based paint abatement procedures.
6.4 Conflicts of Interest. In addition to the conflict of interest provisions in OMB Cir-
culars A-102 and A-110, no person who is an employee, agent, consultant, officer, 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 adecision-making process, or who may gain
inside information with regard to such activities may obtain a personal or financial inter-
est or benefit from the activity or have an interest in any contract, subcontract, or agree-
ment with respect thereto or business ties during his or her tenure and for one year
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,
CBADRC Charlies Place COC Agmt FY0708.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 Hours and Safety Standards Act, 40
U.S.C. §§329 and 333, as amended and as supplemented by United States Depart-
ment of Labor regulations, 29 CFR Part 5, as amended.
6.10 Audit. The Subrecipient is subject to the audit requirements of OMB Circular
A-133, as set forth in 24 CFR Part 583, 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 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-
rahla to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces
County, Texas, where this Agreement was entered into and must be performed.
7.3 Nonexclusive Services. Nothing in this Agreement may be construed as prohibi-
ting the Subrecipient from entering into contracts with additional parties for the perfor-
mance of services similar or identical to those enumerated in this Agreement, and
nothing in this Agreement may be construed as prohibiting the Subrecipient from re-
ceiving compensation from such additional contractual parties, provided that all other
terms of this Agreement are fulfilled.
CBADRC Charlies Place COC Agmt FY0708.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-
proved 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 waive the Subrecipient's compliance there-
with as required by law.
7.6 Disclosure of Interest. In compliance with Section 2-349 of the City's Code of
Ordinances, the Subrecipient shall complete the City's Disclosure of Interests form,
which is attached to this Agreement as Exhibit D, the contents of which, as a
completed form, are incorporated in this document by reference as if fully set out in this
Agreement.
7.7 Certification Regarding Lobbying. Subrecipient shall complete the Certification
Regarding Lobbying form, which is attached to this Agreement as Exhibit E, the con-
tents of which, as a completed form, are incorporated in this document by reference as
if fully set out in this Agreement.
(EXECUTION PAGES FOLLOW)
CBADRC Charlies Place COC Agmt FY0708.doc Page 10 of 12
rd
Executed in duplicate originals this ~`` day of ~eC`.e~u.~.t , 2008.
ATTEST:
Armando Chapa
City Secretary
Approved as to form
2008
Elizab h R. Hun ley
Assis ant City Attorney
for the City Attorney
CITY OF CORPUS CHRISTI
z`:~Laa
g R. Escobar
ity Manager
dT CAtlRCIL
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OFNUECES §
This instrument was acknowledged before me on ~.(,'~Wl ,. ~ , 2008, by
`Angel R. Escobar, City Manager of the City of Corpus Christi, a Texas municipal home-
rule corporation, on behalf of the corporation.
NpLLYFpI1rfRON
CBADRC Charlies Place COC Agmt FY0708.doc Page 11 of 12
SUBRECIPIENT: COASTAL BEND ALCOHOL & DRUG REHABILITATION CENTER
doing business as CHARLIE'S PLACE
ature
3 ~
Dat
Printed Nam
Title
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2008, by
1..0.r rt 1t't ~ ~ h~L~ (~ , in his/her capacity as the '
of the Coastal Bend Alcohol & Drug Rehabilitation Center doing business as Charlie's
Place, a Texas non-profit corporation, on behalf of the corporation.
~N BAKLIK
Notary Pubfi°~ State of Uasas
MY M oh tl9~ 2011..-- _--
Not'? Public, State df Texas
CBADRC Charlies Place COC Agmt FY0708.doc Page 12 of 12
EXHIBIT
20(17 SUPPORTIVE HOUSING PkOGRAM
RENEWAL GRANT AGREEMEN"I
This Grant Agreement is made by and hehveen the united States Department of Housing
and Llrban Development (HL'D) and The City of Corpus Christi, the Recipient, whose Tax ID
number is 74-6000574 and address is 1201 Leopard Street, Cvrpus Christi, TX 78401, for
Project Number TX 59 B 701 006 /Project ]dentifier Number 55011 ,for project to be located
at 24 North Country Club Place, Corpus Christi, TX 78407.
The assistance which is the subject of this Grant Agreement is authorized by the
McKinney-Vento Homeless Assistance Act 42 U.S.C. } 1381 (hereafter "the Acr"). The term
"grant" or "grant funds" means the assistance provided under this Agreement. This grant
agreement will he governed by the Act, the Supportive Housing rule codified at 24 CFR 583,
which is attached hereto and made a part hereof as Attachment A, and the Notice of Funding
Availability (NOFA) that was published in two pans. The first pats was the General Section of
the NOFA, which ~+~as published January 18, ?007 at 72 FR ?396, and the second part was the
Continuum of Care Homeless Assistance Progratns NOFA Section of the NOFA, which was
published March 13, 2007 at ?2 FR 11742. The tetra "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 pan 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. Tfie Secretary agrees, subject to
the terms of the Grant Agreement, to provide the grant funds in the amount specified below for
the approved project described in the Application.
Although this agreement will become effective only upon the execution hereof by both
parties, upon execution the term of this agreement shall run from the end of the Recipient's final
operating year under the original Grant Agreement or, if the. original Grant Agreement was
amended to extend its term, the term of this agreement shall run from the end of the extension of
the original Grant Agreemem term for a period of one vear .Eligible costs, as defined by the
Act and Attachment A, incurred between the end of Recipient's final operating year under the
origins) Grant Agreement, or extension thereof, and the execution of this Renewal Grant
Agreement may be paid with funds from the first operating year of this Renewal Grant.
HUD's total fund obligation for this project is $ 142 569 ,allocated as follows:
1. Grant for Operating
2. Grant for Supportive Services
3. Grant for Lcttsing
4. HMIS
5. Grant for Administration
$_
$ 135,780
$
$ (i 789
The Recipient must provide a 25 percent cash match for supportive services.
The Recipient agrees to comply with all requirements of this Grant Agreement and to
accept responsibility for such compliance by any entities to which it makes grant funds available.
The Recipient agrees to participate in a local Homeless Management Information System
(HMIs) when implemented.
The Recipient and project sponsor, if any, will not knowingly allow illegal activities in
any unit assisted with grant funds.
HUD notifications [o the Recipient shall be to the address of the Recipient as written
above, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to
the HUD Field Office executing the Grant Agreement. No right, benefit, or advantage of the
Recipient hereunder he assigned without prior written approval of HUD.
For any project 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 for acquisition, rehabilitation or
construction, then, throughout a period of twenty years from the date of initial
occupancy or the initial service provision, 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 Granl 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
Act or Attachment A provisions, any other material breach of the Grant Agreement, or
misrepresen a i ns in e a t i --
in this grant not being provided. Upon due notice to the Recipient of the occurrence of any such
default and the provision of a reasonable opportunity to respond, HUD may take one or more of
the following actions:
(a) direct the Recipient to submit progress schedules for completing approved
activities; or
(b) issue a letter of warning advising the Recipient of the default, establishing a date
by which corrective actions must be completed and putting the Recipient on
notice that more 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; or
(f) direct the Recipient to reimburse the program accounts for costs inappropriately
charged to the program; or
(g) continue the grant with a substitute recipient of HUD's choosing; or
(h) other appropriate action including, but not limited to, any remedial action legally
available, such as affirmative litigation seeking declaratory judgment, specific
petfiormance, damages, temporary or permanent injunctions and any other
available remedies.
No delay or omission by HUD in exercising any right or remedy available to it under this
Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in
any Recipient default.
For each operating year in which funding is received, the Recipient shall file annual
certitications 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 [he parties hereto, and
may be amended only in writing executed by HUD and the Recipient. More specifically, the
Recipient shall not change recipients, location, services, or population to be served nor shift
more than 10 percent of funds from one approved type of eligible activity to another, or make
any other significant change, without the prior written approval of HUD.
SIGNATLiRES
This Grant Agreement is hereby executed as follows:
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
By: ~ ~ ~~~ ~p~ ~ o z~oa
gnature and ate
John T. Maldonado
Typed name of signatory
Director. Office of Community Planning and Development
Title
RECIPIENT
CITY 0~ F~PP~ CNigsfi
Name^of Organization
By. /~' h~„
Au orized Signature and Date
G~tc~ k. (sK~~J ~'ac
Typed name of signatory
CIt'l iN,M~cx
Title
Official Contact Person and Telephone No. anil Fax No.
ATTACHMENT A
PART 583-SUPPORTIVE HOUSING PROGRAM
Subpart A--General
Sec
583.1 Purpose and scope
583.5 Definitions
Subpart B-Assistance Provided
583.100 Types and uses of assistance
583.105 Grants for acquisition and rehabilitation
583.110 Grants for new construction
583.115 Grants for leasing
583.120 Grants for supportive service costs
583.125 Grants for operating costs
583.130 Commitment of grant amounts for leasing,
supportive services, and operating costs
583.135 Administrative costs
583.140 Technical assistance
583.145 Matching requirements
583.150 Limitations on use of assistance
583.155 Consolidated plan
Subpart C-Application and Grant Award Process
583.200 Application and grant award
583.230 Environmental review
583.235 Renewal grants
Subpart D-Program Requirements
Subpart A---General
§ 583.1 Purpose and scope.
(a) General. The Supportive Housing Program
is authorized by title N of the Stewart B. McKinney
Homeless Assistance Act (the McKinney Act) (42
U.S.C. 11381-I 1389). 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 [o 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 6e
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 [hat is, or is part of, a particularly
innovative project for, or alternative methods of,
meeting [he 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 FR
51175, Sept. 3Q 1996J
583.300 General operation
583.305 Term of commitment; repayment of grants;
prevention of undue benefits
583.310 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
§ 583.5 Definitions
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 means the plan that a
tc ton prepares an su mrts to in accordance
with 24 CFR part 91.
583.400 Grant agreement
583.405 Program changes
583.410 Obligation and deobligation of funds.
AUTHORITY: 42 U.S.C. 11389 and 3535(d)
SOURCE: 58 FR 13871, Mar. 15, 1993, unless
otherwise noted '
Dare 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 [o [he residents of supportive
housing with funding under this part.
51
Date of initial service provision means [he date
that supportive services are initially provided with funds
under this part to homeless persons who do not reside in
supportive housing. This definition applies only to
projects funded under this part that do not provide
supportive housing.
Disability is defined in section 422(2) of the
McKinney Act (42 U.S.C 11382(2)).
Homeless person means an individual or family
[hat is described in section 103 of [he McKinney Act (42
U.S.C 11302).
Metropolitan city is defined in section 102(a)(4)
of the Housing and Community Development Act of
1974 (42 U.S.C 5302(a)(4p. In general, metropolitan
cities are those 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 or an addition [o an
existing structure that increases the floor area by more
than 100 percent.
Operating casts is defined in section 422{5) of
the McKinney Act (42 U.S.C 11382(5)).
Outpatient health services is defined in section
422(6) of the McKinney Act (42 U.S.C. 11382(6)).
Permanent housing for homeless persons with
disabilities is defined in section 424(c) of the McKinney
Act(42~U.S.C 11384(c)).
Private nonprofrt organization is defined in
section 422(7) (A), (B), and (D) of the McKinney Ac[
(42 U.S.C. 11382(7) (A), (B), and (D)). The
organization must also have a functioning accounting
system that is operated in accordance with generally
accepted accounting principles, or designate an entity
that will maintain a functioning accounting system for
the organization in accordance with generally accepted
accounting principles
Project is defined in sections 422(8) and 424(d)
of the McKinney Act (42 U.S.C. t 1382(8), 11384(dp.
Recipient is defined in section 422(9) of the
McKinney Act (42 U.S.C. 11382(9)).
Supportive services is defined in section 425 of
the McKinney Act (42 U.S.C 11385).
Trmtsitiona! housing is defined in section
424(6) of the McKinney Act (42 U.S.C.11384(b)). See
also § 583.300(j).
Tribe is defined in section 102 of [he 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 5302(a)(6)). In general, urban counties are
those counties [ha[ are eligible for an entitlement grant
under 24 CFR part 570, subpart D.
[61 FR 51175, Sept. 30, 1996]
Subpart B-Assistance Provided
§ 583.100 Types and uses of assistance.
(a) Grant assistance. Assistance in [he form of
grants is available for acquisition of structures,
rehabilitation of structures, acquisition and
rehabilitation of structures, new construction, leasing,
operating costs for supportive housing, and supportive
services, as described in §§ 583.105 through 583.125.
Applicants may apply for more than one type of
assistance.
(b) Uses ojgrant assistance. Grant assistance
may be used to:
(I) Establish new supportive housing facilities
or new facilities to provide 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
meets State and local government health and safety
standards;.
(4) Provide additional supportive services for
residents of supportive housing or Cor homeless persons
not residing in supportive housing;
(5) Purchase HUD-owned single family
properties currently leased by the applicant for use as a
homeless facility under 24 CFR part 291; and
Rehubilitution means the improvement or repair of an (6) Continue funding supportive housing where
existing structure nr an addition r., :~«:.,.. ..._..,,....,, _~g_rp~6ipt8tit-hfl~rCCeivCd_fVndl __ -
that does not increase the floor area by more than ]00 leasing, supportive services, or operating costs.
percent. Rehabilitation does not include minor or (c) Srru t d
routine repairs.
State is defined in section 422(11) of [he
McKinney Act (42 U.S.C. 11382(t 1)).
Supportive housing is defined in section 424(a) of the
McKinney Act (42 U.S.C. 11384(a)).
cures use for rrrulhple purposes
Structures used to provide supportive housing or
supportive services may also be used for other purposes,
except that assistance under this part will be available
only in proportion to [he use of the stmcture for
supportive housing or supportive services.
52
(d) Teclutirnl assrslmice. HLID may offer
technical assistance, as described in § 583.140.
[58 FR 13871, Mar. 15, 1993, as amended at 59 FR
36891, July 19, 1994]
§ 583.105 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 or supportive services,
including the repayment of any outstanding debt on a
loan made to purchase property that has not been used
previously as supportive housing or for supportive
services;
(2) Pay a portion of 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) Arnount. The maximum grant available for
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) lncrensed amounts. In areas determined by
FIUD to have high acquisition and rehabilitation costs,
grants of more than $200,000, but not more than
$400,000, may he available.
§ 583.110 Grants for new construction.
(a) Use. HUD will grant funds to recipients to
pay a portion of the cos[ of new construction, including
cost-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
(2) The total 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 Grants for leasing.
(a) General HUD will provide grants to pay (as
described in § 583.130 of this part) for the actual costs
of leasing a structure or structures, or portions thereof,
used [o provide supportive housing or supportive
services for up [o five years.
(b)(1) Leasing stntctures. 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 far comparable space.
(2) Leasing individual units. Where.gran[s are
used to pay rent for individual housing units, the rent
paid must be reasonable in relation to rents being
charged for comparable units, taking into account the
location, size, type, quality, amenities, facilities, and
management services. In addition, the rents may no[
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 HUDdetermined
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 teased units by homeless
participants.
[58 FR 13871, Mar. 15, 1993, as amended at 59 FR
36891, July 19, 1994]
§ 583.120 Grants for supportive services costs.
(a) General. HUD will provide grants to pay (as
described in § 583.130 of this part) for the actual costs
of supportive services for homeless persons for up to
five years. All or part of the supportive services may be
provided directly by the recipient or by 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. Fora
avauabte appropriate units that could be rehabilitated at
a cost 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) Amount. The maximum grant available for
new construction is the lower of:
(1) $400,000; or
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 [o six months after they leave the
transitional housing facility.
[58 FR 13871, Mar. 15, 1993, as amended at 59 FR
36891, July 19, 1994)
53
§ 583.125 Crants for operating costs.
(a) Gerternl. HUll will provide grants to pay a
portion (as described in § 583.130) of the actual
operating costs of supportive housing for up ro five
years.
(b) Operating costs. Operating costs are those
associated with the dap-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 costs will be available for
up to 75 percent of the total cost in each year of the
grant term. The recipient must pay the percentage of the
actual operating costs 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 61 FR
51175, Sept. 30, 1996; 65 FR 30823, May 12, 2000]
§ 583.130 Commitment of grant amounts for leasing,
supportive services, and operating costs
Upon 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 2506-0112) [59 FR 36891,
July 19, 1994]
$ 583.135 Administrative costs.
(a) General. Up to five percent of any grant
awarded under this part may be used for the purpose of
paying costs of administering the assistance.
(b) Administrative costs. Administrative costs
include the costs associated with accounting for the use
of grant fiintt c,~rpnarinn r nnrwe r... ~..L..,.:5$'
HUD, obtaining program audits, similar costs related to
administering [he grant after the award, and staff salaries
associated with these administrative costs. They do not
include the costs of carrying out eligible activities under
58
(a) General. HUD tray set aside funds annually
to provide technical assistance, either directly by HUD
staff or indirectly through third-party providers, for any
supportive housing project. This technical assistance is
for the purpose of promoting the development of
supportive housing and supportive services as part of a
continuum of care approach, including innovative
approaches [o 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 may use
these funds to provide technical assistance [o
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 no[ limited to, written inforrnation
such as papers, monographs, manuals, guides, and
brochures; persoo-to-person exchanges; and training and
related costs.
(c) Selection of providers. From time to time, as
HUD determines the need, HUD may advertise and
competitively select providers to deliver technical
assistance. HUD may enter into contracts, grants, or
cooperative agreements, when necessary, to implement
[he technical assistance.
[59 FR 36892, 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 govemment,
State and local governments, and private resources.
(c) Maintenance of effort State or local
government funds used in the matching contribution are
subject to the maintenance of effort requirements
described at § 583.150(a).
§ 583.150 Limitations on use of assistance.
tan-,a---1a13'lairuerwnceef e~`orr. Ne 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 persons.
§§ 3.105 through 583.125. (b) Faith-based activities. (1) Organizations that
[58 FR 13871, Mar. 15, 1993, as amended at 61 FR are religious or faith-based are eligible, on the same
51175, Sept. 30, 1996] basis as any other organization, to participate in the
§ 583.140 Technical assistance. Supportive Housing Program. Neither the Federal
54
government nor a State or local government receiving
funds under Supportive Housing programs shall
discriminate against an organization on [he 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 or
services funded under this part, and participation must
be voluntary for the beneficiaries of [he HUD-funded
programs or services.
(3) A religious organization that participates in
[he 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 [hat 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 tray use space in their
facilities to provide Supportive Housing Program-
funded services, without removing religious art, icons,
scriptures, or other religious symbols. In addition, a
Supportive Housing Program-funded religious
organization retains its authority over its internal
governance, and it may retain religious terms in its
organization's name, select its board members on a
religious basis, and include religious references in its
organization's mission statements and other governing
documents.
(4) An organization that participates in the
Supportive Housing Program shall not, in providing
program assistance, discriminate against a program
beneficiary or prospective program beneficiary on the
basis of religion or religious belief.
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 [he terns of the grant, or any change in use
of the property during the term of the grant, is subject to
government-wide regulations governing real property
disposition (see 24 CFR parts 84 and 85).
(6) If a State or local government voluntarily
contributes its own funds to supplement federally
funded activities, [he Slate or local government has the
option to segregate the Federal funds or commingle
them. However, if the funds are commingled, [his
section applies to all of the commingled funds.
(c) Participant control of site. Where an
applicant does no[ propose to have control of a site or
sites but rather proposes to assist a homeless family or
individual in obtaining a lease, which may include
assistance with rent payments and receiving supportive
services, after which time the family or individual
remains in [he same housing without further assistance
under this pan, that applicant may not request assistance
for acquisition, rehabilitation, or new construction.
[58 FR 13871, Mar. 15, 1993, as amended at 59 FR
36892, July 19, 1993; 68 FR 56407, Sept. 30, 2003]
§ 583.155 Consolidated plan.
(a) Applicm:rs shot are States or units of general
locnl government. The applicant must have aHUD-
approved complete or abbreviated consolidated plan, in
accordance with 24 CFR part 91, and must submit a
certification that the application for funding is consistent
with the HUD-approved consolidated plan. Funded
applicants must certify in a grant agreement that they are
following the HUD-approved consolidated plan.
(b) Applicants that are not States or units of
general local government. The applicant must submit a
certification by the jurisdiction in which the proposed
(5) Program funds may not be used for the
acquisition, construction, or rehabilitation of structures
[o the extent that those structures are used fot inherently
religious activities. Program funds may be used for [he
only to the extent that those structures are used for
conducting eligible activities under this part. Where a
structure is used for both eligible and inherently
religious activities, program funds may not exceed the
cost of those portions of the acquisition, construction, or
rehabilitation that are attributable to eligible activities in
accordance with the cost accounting requirements
applicable to Supportive Housing Program funds in this
project will be located that [he applicant's application
for funding is consistent with the jurisdiction's HUD
approved consolidated plan. The certification must be
made by [he unit of general local government or the
S~* im rtiftcatiotr
provisions of the consolidated plan regulations, 24 CFR
part 91, subpart F.
(e) /radian tribes m:d the hlsularAreus of Guam
the U.S. Virgin Islands, American Samoa, and the
Northern Mariana Islands. These entities are not
required to have a consolidated plan or to make
consolidated plan certifications. An application by an
Indian tribe or other applicant for a project that will be
55
located on a reservation of an Indian tritx will not
require a certification by the tribe or the State. However,
where an Indian tribe is the applicant for a project [hat
will not be located on a reservation, the requirement for
a certification under paragraph (b) of this section will
apply.
(d) Timing of consolidated plan certification
submissions. L)nless otherwise set forth in the NOFA,
the required certification 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 NOFA.
[60 FR 1638Q Mar. 30, 1995]
Subpart C-Application and Grant Award Process
§ 583.200 Application and grant award
When funds are made available for assistance,
HUD will publish a notice of funding availability
(NOFA) in the FEDERAL REGISTER, in accordance
with the requirements of 24 CFR part 4. HUD will
review and screen applications in accordance withthe
requirements in section 42b of the McKinney Act (42
U.S.C. 11386) and the guidelines, rating criteria, and
procedures published in the NOFA.
[61 FR 5117b, Sep[. 30, 1996]
§ 583.230 Environmental review.
(a) Activities under this part are subject to HUD
environmental regulations in part 58 of this title, except
that HUD will perform an environmental review in
accordance with part 50 of this title prior to its approval
of any conditionally selected applications for Fiscal
Year 2000 and prior years that were received directly
from private nonprofit entities and governmental entities
with special or limited purpose powers. For activities
under a grant that generally would be subject [o review
under part 58, HUD may snake a finding in accordance
with § 58.11(d) and may itself perform the
environmental review under the provisions of part 50 of
this title if the recipient objects in writing to the
responsible entity's performing the review under part
58. Irrespective of whether the responsible entity in
accord with part 58 (or HUD in accord with part 50)
performs the environmental review, the recipient shall
the responsible entity (or HUD, if applicable) to perform
for each property any environmental review required by
this part. The recipient also shall carry out mitigating
measures required by the responsible entity (or HUD, if
applicable) or select altema[e eligible property. HUD
may eliminate from 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 for such eligible activities under this pare,
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
[he recipient has received HUD approval of the
property. HUD will not release grant funds if the
recipient or any other party commits grant funds (i. e.,
incurs any costs 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, 2003]
§ 583.235 Renewal grants.
(a) General. Grants made under this part, and
grants made under subtitles C and D (the Supportive
Housing Demonstration and SAFAH, respectively) of
the Stewart B. McKinney Homeless Assistance Act as in
effect before October 28, 1992, may be renewed on a
noncompetitive basis to continue ongoing leasing,
operations, and supportive services for additional years
beyond the initial funding period. To be considered for
renewal funding for leasing, operating costs, or
supportive services, recipients must submit a request for
such funding in the form specified by HUD, must meet
the requirements of this par[, 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 or 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:
(I) Up to 50 percent of the actual operating and
g costs in the final year of the initial funding
(2) Up to the amount of HUD assistance for
supportive services in the final year of the initial funding
period; and
(3) An allowance for cost increases.
(c) HUD review. (1) HUD will review [he
request for renewal and will evaluate the recipient's
performance in previous years against the plans and
56
goals established in the initial application for assistance,
as amended. HUD will approve the request for renewal
unless the recipient proposes to serve a population that
is not homeless, or the recipient has 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. In 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 recocd 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 ro approve a renewal request
include the following: a continuing history of inadequate
financial management accounting practices, indications
of mismanagement o» 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 or for which a payment schedule
has not been agreed to, or whose response to an audit
finding is overdue or unsatisfactory.
(3) HUD will notify the recipient in writing that
the request has been approved or disapproved.
(Approved by the Office of Management and Budget
under control number 2506-0112)
Subpart D-Program Requirements
§ SS3.3110 General operation.
(a) Srnte and local requirements. Each recipient
other private properties. Structures must provide
alternate means of egress in case 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) Interior air grenliry. Every room or space
must be provided with natural or mechanical ventilation.
Structures must be free of pollutants in the air at levels
[hat threaten the health of residents.
(5) Water supply. The water supply must be free
from contamination.
(6) Sanitary facilities. Residents must have
access to sufficient sanitary facilities [hat are in proper
operating condition, may be used in privacy, and are
adequate for personal cleanliness and [he disposal of
human waste.
(7) Thernwl environment. The housing must
have adequate heating and/or cooling facilities in proper
operating condition.
(8) Illun:btation and electricity. The housing
must have adequate natural or artificial illumination to
permit normal indoor activities and to support the health
and safety of residents. Sufficient electrical sources
must be provided to permit use of essential electrical
appliances while assuring safety from fire.
(9) Food preparation and refuse dispasnl. All
food preparation areas must contain suitable space and
equipment to stare, prepare, and serve food in a sanitary
manner.
(10) Sanitary condition. The housing and any
equipment must be maintained in sanitary condition.
of asststance under [his part must provide housing or (11) Fire safety. (i) Each unit must include at
services [ha[ are in compliance with all applicable Slate least one battery-operated or hard-wired smoke detector
and local housing codes, licensing requirements, and any
other requirements in thejurisdiction in which the ,
in proper working condition, on each occupied level of
project is located regarding the condition of the structure the unit. Smoke detectors must be located, to the extent
practicable, in a hallway adjacent to a bedroom
If the
and the operation of the housing or services. .
unit is occupied by hearing- impaired persons, smoke
(b) Habitability standards. Except for such detectors must have an alarm system designed for
variations as are proposed by the recipient and approved hearing-impaired persons in each bedroom occupied by
by t-nm ~,~T..,,:..A t,..,,a..smust meeE the fo}}artnrg
re d t a hearing-i --
q tremen s.
(1) Structure acrd materials. The structures must
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
(ii) The public areas of all 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 rooms, community rooms, day care centers,
hallways, stairwells, and other common areas.
(c) Meals. Each recipient of assistance under
this part who provides supportive housing for homeless
57
persons with disabilities must provide meals or meal
preparation facilities for residents.
(d) Ongoing assess:ent of supportive services.
Each recipient of assistance under this part must conduct
an ongoing assessment of the supportive services
required by [he residents of [he project and the
availability of such services, and make adjustments as
appropriate.
(e) Resideruial supervision. 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 may
include the employment of afull- or part-time
residential supervisor with sufficient knowledge to
provide or to supervise the provision of supportive
services to the residents.
(t) Participation of homeless persons. (1) Each
recipient must provide for the participation of homeless
persons as required in section 426(g) of the McKinney
Act (42 U.S.C. 11386(g)). This requirement is waived if
an applicant is unable to meet it and presents a plan for
HUD approval to otherwise constilt with homeless or
formerly homeless persons in considering and making
policies and decisions. See also § 583.330(e).
(2) Each recipient of assistance under this part
must, to the maximum extent practicable, involve
homeless individuals and families, through employment,
volunteer services, or otherwise, in constructing,
rehabilitating, maintaining, and operating the project
and in providing supportive services for [he project.
(g) Records mrd 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 timeframe required.
(h) Conftderuiality. 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
Recipients may resume assistance to a participant whose
assistance was previously terminated. In terminating
assistance to a participant, the recipient must provide a
formal process that recognizes the rights of individuals
receiving assistance to due process of law. This process,
at a minimum, must consist of:
(1) Written notice [o the participant containing a
clear statement of the reasons for termination;
(2) A review of the decision, in which the
participant is given [he opportunity to present written or
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 [o
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 for a
transitional housing project if more than half of [he
homeless individuals or families remain in that project
longer than 24 months.
(k) Outpatient health 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.
(t) 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 [hat the project will be
operated for the purpose specified in the application.
(Approved by the Office of Management and Budget
under control number 2506-0112) [58 FR 13871, Mar.
I5, 1993, as amended at 59 FR 36892, July 19, 1994; 61
FR 51176, Sept. 30, 1996]
a aasstr~ term of commitment; repayment of _ _
(7) Thar thr addrneo ,,.. t .......:.... ..~ .._. ___: , raven ono un ue nefils.
assisted will not be made public, except with written
authorization of the person or persons responsible for
the operation of the project.
(i) Termination of housing assistance
The recipient may terminate assistance to a participant
who violates program requirements. Recipients should
terminate assistance only in the most severe cases.
(a) Term of commitment artd conversion.
Recipients must agree to operate the housing or provide
supportive services in accordance with this pats and with
sections 423 {b)(1) and (b)(3) of the McKinney Act (42
U.S.C. 11383(b)(I), 11383(6)(3)).
(b) Repayment of grant and prevention of undue
benefits. In accordance with section 423(c) of the
58
McKinney Act (42 U.S.C. 11383(c)), HUD will require
recipients to repay [he grant unless HUD has authorized
conversion of the project under section 423(b)(3) of the
McKinney Act (42 U.S.C. 11383(b)(3)).
X61 FR S l 176, Sept. 30, 19961
$ 583.310 Displacement, relocation, and acquisition.
(a) Minimizing displacement Consistent with
the other goals and objectives of this part, recipients
must assure that they have taken all reasonable steps to
minimize the displacement of persons (families,
individuals, businesses, nonprofit organizations, and
farms) as a result of supportive housing assisted under
this part.
(b) Relocation assistance for displaced persons.
A displaced person (defined in paragraph (f) of this
section) must be provided relocation assistance at the
levels described in, and in accordance with, the
requirements of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (URA)
(42 U.S.C. 4601-4655) and implementing regulations at
49 CFR part 24.
(c) Real property acquisition requirements
The acquisition of real property for supportive housing
is subject to the URA and the requirements described in
49 CFR part 24, subpart B.
(d) Responsibility of recipient. (1) The recipient
must certify (i. e., provide assurance of compliance) that
it will comply with the URA, the regulations at 49 CFR
part 24, and the requirements of this section, and must
ensure such compliance notwithstanding any third
party's contractual obligation to the recipient to comply
with these provisions.
(2) The cost of required relocation assistance is
an eligible project cost in the same manner and to the
same extent as other project costs. Such costs also may
be paid for with local public funds or funds available
from other sources.
(3) The recipient must maintain records in
sufficient detail to demonstrate compliance with
provisions of this section.
(f) Definitiat of displaced person. (1) For
purposes of this section, the term ' `displaced person"
means a person (family, individual, business, nonprofit
organization, or farm) that moves from real property, or
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 term "displaced person" includes,
but may not be limited to:
(i) A person that moves permanently from the
real property after the property owner (or person in
control of the site) issues a vacate notice, or refuses to
renew an expiring lease in order to evade the
responsibility to provide relocation assistance, if the
move occurs on or after the date the recipient submits [o
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 date of the "initiation of negotiations" (see
paragraph (g) of this section) if the move occurs before
the tenant has been provided written notice offering him
or her the opportunity to lease and occupy a suitable,
decent, safe and sanitary dwelling in the same building/
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 do not exceed the
greater of:
(A) The tenant's monthly rent before the
initiation of negotiations and estimated average utility
costs, or
(B) 30 percent of gross household income. If [he
initial rent is at or near [he maximum, [here must be a
reasonable basis for concluding at the time the project is
initiated that future rent increases will be modest.
(e) Appeals. A person who disagrees with the (iv) A tenant of a dwelling who is required to
rnrininnf'e Aaf..rn,:nef:., ..6..~6..- a..... r819EatP t ~~ ._ .~_
qualifies as a "displaced person," or the amount of building/complex, if either:
relocation assistance for which the person is eligible, (A) A tenant is not offered payment for all
may file a written appeal of that determination with the reasonable out-of-pocket expenses incurred in
recipient. Alow-income person who is dissatisfied with connection with the temporary relocation, or
the recipient's determination on his or her appeal may
submit a written request for review of that determination (g) Other conditions of the temporary relocation
to the HUD field office. are not reasonable.
59
(v) A tenant o[ 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
(B) Other conditions of the move are no[
reasonable.
(2) Notwithstanding the provisions of paragraph
(f)(1) of this section, a person does not qualify as a
"displaced person" (and is not eligible for relocation
assistance under the URA or this section), if:
(i) The person has been evicted for serious or
repeated violation of the terms and conditions of the
lease or occupancy agreement, violation of applicable
Federal, State, or local or tribal law, or other good
cause, and HUD determines that the eviction was not
undertaken for the purpose of evading the obligation to
provide relocation assistance;
(ii) The person moved into [he property after the
submission of [he 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 mny be displaced, temporarily
relocated, or suffer a rent increase) and [he fact that the
person would not qualify as a "displaced person" (or
for any assistance provided raider this section), if the
project is approved;
(iii) The person is ineligible under 44 CFR
24.2(8)(2); or
(iv) HUD determines that the person was not
displaced as a direct result of acquisition, rehabilitation,
or demolition for the project.
(3) The recipient may request, at any time,
HUD's determination of whether a displacement is or
would be covered under this section.
(g) Definition of initiation of negotiations. For
purposes of determining the formula for computing the
replacement housing assistance to be provided [o a
residential tenant displaced as a direct result of privately
undertaken rehabilitation, demolition, or acquisition of _
t e rea property, [he 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 term "project" means an undertaking paid
for in whole or in part with assistance under this part.
Two or more activities that are integrally related, each
essential to the others, are considered a single project,
whether or not all component activities receive
assistance under this part.
[58 F12 13871, Mar. 15, 1993, as amended at 59 FR
36892, July 19, 1994]
§ 583.315 Resident rent.
(a) Cnlculntion 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:
(]) 30 percent of the family's monthly adjusted
income (adjustment factors include the number of
people in the family, age of family members, medical
expenses and child care expenses). The calculation of
the family's monthly adjusted income must include the
expense deductions provided in 24 CFR 5.611(a), and
for persons with disabilities, the calculation of the
family's monthly adjusted income also must include the
disallowance of earned income as provided in 24 CFR
5.617, if applicable;
(2) 10 percent of the family's monthly gross
income; or
(3) If the family is receiving payments for
welfare assistance from a public agency and a part of the
payments, adjusted in accordance with the family's
actual housing costs, is specifically designated by the
agency to meet the family's housing costs, the portion of
[he payment that is designated for housing costs.
(b) Use of rent. Resident rent may be used in the
operation of the project or may be reserved, in whole or
in part, to assist residents of transitional housing in
moving to permanent housing.
(c) Fees. In addition [o resident tent, recipients
may charge residents reasonable fees for services not
paid with grant funds.
[58 FR 13871, Mar. I5, 1993, as amended at 59 FR
36892, 7uly 19, 1994; 66 FR 6225, Jan. 19, 2001 ]
§ 583.320 Site control.
(a) Site control. (1) Where gran[ funds will be
used for acquisition, rehabilitation, or new construction
to provide supportive housing or supportive services, or
where grant funds will be used for operating costs of
sappttrti r w ere gran un s wt us to
provide supportive services except where an applicant
will provide services at sites no[ operated by [he
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 control is not demonstrated within one year after
initial notification of [he 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 lease 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 chnnge. (1) A recipient tnay 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 greater than the amount of the grant
awarded for the site specified in the application, the
recipient must provide for all additional costs. If the
recipient is unable to demonstrate to HUD that it is able
to provide for the difference in costs, HUD may
deobliga[e the award of assistance.
(e) Failure to obtabt site control within one
year. HUD will recapture or deobligate any award for
assistance under this part if [he 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 are
required, within the designated population, to comply
with these requirements for nondiscrimination on the
basis of race, color, religion, sex, national origin, age,
familial status, and disability.
(b) Nondiscrimbation mtd equal opportmity
requirements. The nondiscrimination and equal
opportunity requirements set forth at part 5 of this title
apply [o this program. The Indian Civil Rights Act (25
U.S.C. 1301 et seq.) applies to tribes when they exercise
their powers of self-government, and to Indian housing
AUttlnTi tine /TT-Ids\,..6e., a ...LC.. ~._~ ~. _ __
such powers. When an IHA is established under State
law, the applicability of the Indian Civil Rights Act wilt
be determined on a case-by-case basis. Projects subject
to the Indian Civil Rights Act 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) Procedures. (I) [f 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, age, 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
housing.
(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) Accessibiliq~ requirements. The recipient
must comply with the new cons[mction 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 or more of the replacement cost of the
building must meet [he requirements of 24 CFR 8.23(a}.
Other rehabilitation must meet the requirements of 24
CFR 8.23(6).
[58 FR t3871, Mar. 15, 1993, as amended at 59 FR
33894, June 30, 1994; 61 FR 5210, Feb. 9, 1996; 61 FR
51176, Sept. 30, 1996]
$ 583.330 Applicability of other Federal
requirements
In addition to the requirements set forth in 24
CFR part 5, use of assistance provided under this part
must comply with the following Federal requirements:
(a) Flood insurmrce. (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 [he
Federal Emergency Management AEency MA) ac
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.
61
(2) Applicants with supportive housing located
in an area identified by FEMA as having special flood
hazards and receiving assistance for acquisition or
construction (including rehabilitation) are responsible
for assuring that flood insurance under the National
Flood Insurance Program is obtained and maintained.
(b) The Coastal Barrier Resources Act of 1982
(16 U.S.C. 3501 et seq.) may apply to proposals under
this part, depending on the assistance requested.
(c) Applicability of OMB Circulars. The
policies, guidelines, and requirements of OMB Circular
No. A-87 (Cost Principles Applicable [o Grants,
Contracts and Other Agreements with State and Local
Governments) and 24 CFR part 85 apply to [he award,
acceptance, and use of assistance under the program by
governmental entities, and OMB Circular Nos. A-110
(Grants and Cooperative Agreements with Institutions of
Higher Education, Hospitals, and Other Nonprofit
Organizations) and A-122 (Cost Principles Applicable
to Grants, Contracts and Other Agreements with
Nonprofit 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,
room 2200, New Executive Office Building,
Washington, DC 20503, telephone (202) 395-7332.
(This is no[ a toll-free number.) There is a limit of two
free copies.
(d) Lead-based paint. The Lead-Based Paint
Poisoning Prevention Act (42 U.S.C. 4821846), the
Residential Lead- Based Paint Hazard Reduction Act of
1992 (42 U.S.C. 4851-4856), and implementing
regulations at part 35, subparts A, B, ], 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
decisionmaking under § 583.300(f) does not constitute a
conflict of interest.
(2) Upon the written request of [he recipient.
HUD may grant an exception to the provisions of
paragraph (e)(I) of this section on a case-by~case basis
when it detemtines that the exception will serve to
further the purposes of the program and the effective
and efficient administration of the recipient's project.
An exception may be considered only after the recipient
has provided the following:
(i) For States and other governmental entities, a
disclosure of the nature of the conflict, accompanied by
an assurance that there has been public disclosure of the
conflict and a description of how the public disclosure
was made; and
(ii) For all recipients, an opinion of the
recipient's attorney that the interest for which [he
exception is sought would not violate State or local law.
(3) In determining whether to grant a requested
exception after the recipient has satisfactorily met the
requirement of paragraph (e)(2) of this section, 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
decisionmaking process with respect to the specific
assisted activity in question;
person who is an employee, agent, consultant, officer, or (iv) Whether the interest or benefit was present
elected or appointed official of the recipient and who before the affected person was in a position as described
exercises or has exercised any functions or in paragraph (e)(1) of this section;
responsibilities with respect to assisted activities, or who (v) Whether undue hardship will result either to
is in a position to participate in a decisionmaking
process or gain inside information with regard to such the recipient or the person affected when weighed
~ ct the
ac twnes, may o tam a persona or maneta interest or
benefit from the activity. or have an interest in any _ _
prohibited conflict; and
contract, subcontract, or agreement with respect thereto, (vi) Any other relevant considerations.
or the proceeds thereunder, either for himself or herself (f) Audit. The financial management systems
or for those with whom he or she has family or business used by recipients under this program must provide for
ties, during his or her tenure or for one yeaz thereafter. audits in accordance with 24 CFR part 44 or part 45, as
Participation by homeless individuals who also are applicable. HUD may perform or require additional
participants under the program in policy or 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 13871, Mac I5, 1993, as amended at 61 FR
521 1, Feb. 9, 1996; 64 FR 50226, Sept. 15, ] 999]
Subpart E--Administration
§ 583.400 Grant agreement.
(a) Genernl. 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.
(b) Enforcement. HUD will enforce the
obligations in the gran[ agreement through such action
as may he appropriate, including repayment of funds
that have already been disbursed to the recipient.
§ 583.405 Program changes.
(a) HUD approval. (1) A recipient tray not
make any significant changes to an approved program
without prior HUD approval. Significant changes
include, but are not limited 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 or a shift of more than 10
percent of funds from one approved type of activity to
another, and a change in [he category of participants [o
be served. 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 after the
approved change to have been competitively selected for
funding in the year the application was selected.
(b) Docun+entation of other changes. Any
changes to an approved program [hat do not require
prior HUD approval must be fully documented in the
recipient's records.
(58 FR 13871, Mar. 15, 1993, as amended at 6] FR
51176, Sept. 30, 1996]
§ 583.410 Obligation and deobligation of funds.
(c) Deobligarion. (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 than the total cost 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 [he proposed supportive housing
operations are not begun within three months after the
units aze available for occupancy.
(3) The grant agreement may se[ forth in detail
other circumstances under which funds may be
deobligated, and other sanctions may be imposed.
(4) HUD may:
(i) Readvertise the availability of funds [hat
have been deobligated under this section in a notice of
fund availability under § 583.200, or
(ii) Award 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.
(a) Obligation offi~nds. When HUD and the
applicant execute a grant agreement, funds are obligated
to cover the amount of the approved assistance under
--_ _ __
pa o is pan. a rectptent 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.
63
Coastal Bend Alcohol & Drug Rehabilitation Center dba Charlie's Place
~"^.. ;"~ Sunrise Recovery House
DUNS tt 969082676
Section I: Project Summary Information
Part A: General Project Information (All Pro'ects)
- r- .
- 1. Project Priority Number
(From Project Priority Chart
2. ^ New Project ~ Previous Orant Number:
~ 3. If renewal, list ',
in Exhibit)): i previous grant number TX 59 B 601 006
& project identifier
i
^ Check box if project is a ~X Renewal Project ' number (PIN): PIN Number
# 1 Priority Samaritan Bonus TX55011
Project
4. HUD-Defined CoC Name: 5. CoC Number:
Co us Christi / Nueces Count CoC TX-501
6. Applicant's Organization Name (Legal Name from SF-424) 8. Applicant's DUNS Number
The Cit of Co us Christi ~
(Prom SF-424):
7. Check box if Applicant is a Faith-Rased Organization 0694457786
Check box if Applicant has ever received a federal grant, either directly from '
a federal a enc or throw h a state/local a enc
9. Project Applicant's Address (From SF-424) 10. Applicant's Employer
Street: 1201 Leopazd St. Identification Number (EIN) (From
Ci Co us Christi State: Texas Zi :78401 SF-a2a): 74-6000574
1 1. Contact person of Project Applicant: (From SF-424)
I Name: Rudy L. Bentancourt, MPA Phone number: 361-826-3021 12. ^ Check box if Project
Title: Program Manager Fax ntunber: 361-844-1740 Applicant is the same as Project
Community Development Email Address: Sponsor
De artment rud b cctexas.com
13. Project Name: 14. Project's location 6-digit
Sunrise Recovery House Geographic Code:
489355 / 481206
15. Project Address (S+C SRAs, if multiple sites list all addresses including): _
I8. Check box if Energy S[ar is
Street: 24 North Country Club Place used in this ro'ect
Clty: Corpus Christi State: Texas Zlp: 78407 19. Project Congressional District(s):
l6. ^ Check box if project is located in a Rural Area Not Applicable i TX 27
17. if ro'ect contains housin units are these units: Leased? Owned? NA
20. Project Sponsor's Organization Name (If different from Applicant) 22. Sponsor's DUNS Number:
Coastal Bend Alcohol and Dru Rehab Center, dba Chazlie's Place 969082676
21. 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 encv or throw a state/local a enc
23. Project Sponsor's Address (if different from Applicant) 24. Sponsor's Employer
Street: 24 North Country Club Place Identification Number {EIN):
Cit : Co us Christi State: Texas Zip: 78407 74-1595867
25. Contact person of Project Sponsor (if different from Applicant) i
Name: Larry Churn Phone number: 361 -882-9302
Title: Executive Director • 361-RR3-3402
fi
Email Address: lchum(ct~cbadre.org ~
~v t
Coastal Bend Alcohol & Drug Rehabilitation Center dba Charlie's Place
Sunrise Recovery House
DUNS a 9690s2676
Part B: Project Summary Budget
Bl. Supportive Housing Program (SHP) (All SHP Proiectsl
a. SHP Program c. Grant Term* (Chock only one box)
omp
onent Types (Check only one box) ',
^
® ^ ^ Safe Haven/1'H ®
Y
Y
TH PH SSO HMIS ^ Safe Haven/PH 1
ar 2
ears 3
ears
d. Proposed
' e. SHP Dollars ; f. Cash Match , g. Totals
SHP Activities Re uest (Col. e + Coh f)
i. Acquisition 0 0 0
'
2. Rehabilitation 0 ( 0 0
3. New Construction 0 0 0
4. Subtotal 0 0 0
Lines 1 throw h 3
~
5. Real Property Leasing 0 .~~.=
i` .,: 0
From Leasin Bud et Chart --
6. Supportive Services 135,780 33,945 169,725
From Supportive Services Budget Chart
7. Operations 0 0 0
From Operating Budget Chart
8. HMIS 0 0 0
From HMIS Budget Chart
9. SHP Request 135,780 ! Total Budget
(Subtotal lines 4 through 8) Total (Total SHP
10. Administrative Costs 6,789 Cash Match Request + Total
U to 5% of line 9 Cash Match)
il. Total SHP Request 142,569 33,945 176,514
Total tines 9 and 10
"New projects must be 2 or 3 years, except new HMIS projects and new hold harmless reallocation projects, which
can be t, 2 or 3 years.
B2. Shelter Plus Care (S+C) (A115+C Projects)
Not Applicable.
B3. Section 8 Single Room Occupancy (SRO) (All Section 8 SRO Projects)
Not Applicable.
C: Point in Time Housing and Partici ants Chart (All Projects Except Dedicated HMIS Projects)
1. Housing Type* i la. Multi-family Ib
^ S
tt
d Sit
(Check all that apply)
^Single-family .
^ ca
ere
e
p
t B
d ~
i Not A licable. ^ Con re ate Facili rojec
ase
j
2. Units
Bedrooms
Beds a. Current ~ b. New Effort or I c. Projected
L
l Ch
i
Eff
'
,
, eve
ange
n
ort
, Level
Not A licable. Point-in-Time) ~ If A Ilcable ~ column a+col. b
_
Number of Units _
- ~ 0
~ 0 0
Number of Bedrooms ~ _
0 ~ 0 0 1
N mu b r oe f Beds 0 0 0
i
1 ~ (~ form HUD-40090-2
Coastal Hend Alcohol & Drug Rehabilitation Center dba Charlie's Place
~°""~•. !'"'~; Sunrise Recovery House
- Dt1~lS tt 9(190826%
3. Participants 0 0
0
a. Number of Households with
De endent Children
i. Nutnber of adults 0 0 0
ii. Number of children 0 0 0
iii. Number of disabled ersons 0 0 0
b. Number of Households 14 0 14
without De endent Children
i. Number of disabled ersons 13 0 13
ii. Of all disabled persons, number 1 0 1
of chronicall homeless ~
i ~ ~yyos. mwu-iamuy tapartments, auptexes, sRVS, other buildings with 2 or more units); Single-family,
Con re ate Facility (dormito ,barracks shared-livin
g). -- - --
Part D: Targeted Subpopulations (All Projects Except Dedicated HMIS Proiectsl
11. Homeless Sub o ulations 2. A roximate Percenta es
Chronically Homeless (as defined by HUD 17.9%
Severe Mental) Ill 0%
Chronic Substance Abusers 100%
Veterans 10.3%
I Persons with HIV/AIDS p% J
Victims of Domestic Violence 0%
Unaccompanied Youth
,_ (Under 18 years of agej _ 0%
~
Part E: Discharge Policy (Only State & Local Government Applicants)
Not Applicable.
Part F: Project Leveraging Chart (Al] Projects)
Type of Source of Identify Source as: Date of ~ Value of
Contribution Contribution (G) Government* Written Written
or P Private Commitment Commitment
I Treatment for client Treatment costs for P 05/11/2007 $110,800
'
i 40 clients @ $2,770
per client receiving
treatment & housing
assistance
Cash Match to this Unrestricted grants P OS/I 1/2007 ~ 33,945
CoC t ro osal and donations
overnment sources are appropriated dollars._ TOTAL: $144,745
Part G: Project Participation and Data Coverage in Homeless Management Information System
(HMIS) (All Projects Except Dedicated HMIS Proiects)
"' ~ I. Is this project providing client level data to the HMIS either through direct data entry or data
upload/integration at least annually? QYes ^ No
~ n _.
1 v ~ form HUD-40090-2
Coastal Rend Alcohol & Drug Rehabilitation Center dba Charlie's Place
~'"`~- !~, Sunrise Recovery House
` DUNS ~ 9690826?6
~ a. If no, when does the project anticipate ~ b. [f yes, is the client level data collected on all ersona~
,providing client level data to the HMIS? If ;served by the project provided to the HMIS? p
not applicable, briefly explain.
(mmIYYYY) ! ~ Ycs ^ No
Part H:
Renewal Pra
Are there any unresolved FIUD monitoring findings, or outstanding audit
1. ^ Yes ~ No findings related to this project? If "Yes," briefly describe.
~ !Are there any significant changes in the project since the last fitnding ~
approval? Check all that apply:
^ Number of persons served: from _ to
^ Number of units: from to ~
12. ^ Yes ®No ^ Location of project sites. I
~ ^ Line item or cost category budget changes more than 10%.
^ Change in target population. ',
^ Change in project sponsor. ~,
I ^ Change in component type.
^ Other:
I Please explain chances:
H: Renewal Performance (Continued)
j (For all S+C, SHP-PH, SHP-TH, SHP-Safe Haven, and SSO 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 N/A box and skip these questions. ^ N/A j
' 3. Permanent Housing (PH) Performance (To be filled out by all SHP and S+C renewal
permanent housing projects, including both SHP-PH and SHP-Safe Haven permanent
housing). Complete the following chart using data based on the most recently submitted APR
Questions 12 a and 12 b): Not A licable. '~
~. Transitional Housing (TH) Performance (Ta be filled out by all SHP renewal transitional
housing projects, including both SHP-TH and SHP-Safe Haven transitional housing). ~
', Complete the following chart using data based on the most recently submitted APR Question 14: '
Not Applicable.
5. Supportive Services -Mainstream Programs and Employment Chart
(To be filled out by all S+C and SHP renewals, except dedicated HMIS projects) ~
Based on responses to APR Question 11 complete the following: ~
t
~' Number of Adults Who Left
(Use the same number z
' Income Source
I in each row
~__ 25 a. SSl
25 __ b. SSDI
~ _ 25 c. Social Security
~ 25 d. General Public Assistan
25 e. TANF
25 _ f SCRIP
25
-- _
Veterans Benefits_
~~--
25 I h. Emplovmen[ Income
_ 25
25 i. Unem loyment Benefits
i. Veterans Health Care
Number of Exiting
alts with Each Sour e ~ % with Income
~ at Exit
y
of Income I x I00)
0 0
1 i 4%
0 _
0
0 0
0 00
0 _
0
~ r~ , form HL'D-00090-2
i~b
Coastal Bend Alcohol Sc Dnre Rehabilitation Center dba Charlie's Place
~""'~•. ''~ Sunrise Recovery House
DUNS M 969082676
~ 25 I k, Medicaid
0
__ 0 ;
25 _j I~Food Stamps
-__ 0 I 0
- --_ --- -
_ 25 i m. O[her (please specify) __~ p _t p
~__ 25 n No Financial Resources 9 36% i
Section II: Project Budgets
Part I: SHP Project Budgets (All SHP Projects as Applicable)
I1. SHP Leasing Budget (All SHP Projects with Leasing)
Not Applicable.
I2. SHP Supportive Services Beset (All SHP Projects as Applicable)
SHP Dollars Re nested
~ Sup ortive Services Costs Year 1 Year 2 Year 3 Total i
l.0utreach 0 0 0 0
2. Case Management Quantity: Case
Management Quantity: 1 FT I,CDC, 1 FT CI,
3 FT SAT's & 2 PT SAT's
] 07,684
0
0
107,684
i 3. Life Skills (outside of case management) 0 0 0 0
~ 4. Alcohol and Drug Abuse Services 0 0 0 0
5. Mental Health and Counseling Services 0 0 0 0
6. HIV/AIDS Services 0 0 0 0
7. Health Related & Home Health Services 0 0 0 0
1 8. F,ducation and Instruction 0 0 0 0
9. Employment Services 0 0 0 0
10. Child Care 0 0 0 0
I1. Transportation Quantity: Bus Passes,
14 ermo $11 er ass $1,848)
1,478
0
0
1,478
~ IZ. Transitional Living Services 0 0 0 0
,' 13a. Other Food & Housekeeping Supplies
uantit : $1,250 ermonth $15,000 12,000 0 0 12,000
13b. Other Electricity & Utilities Quantity:
For Su ortive Services Buildin ($4,050) 3,240 0 0 3,240 '
~ 13c. Other Essential Supplies Quantity:
Supplies to ensure health hygiene of clients
$1,250
1,000
0
0
1,000
i
~ 13d. Other Phones, Pagers & Equipment
Rental used by Supportive Staff Quantity:
$1,500
1,200
0
0 i
1,200 I
13e. Other Office Supplies used by
Supportive Staff Quantity: $100 per month
960
0
0
960
13f. Other Client Urinalysis to ensure
compliance with treatment objectives
i uantit : ($800
640
0
0
640
13g. Other Pest Control Monthly Services t
ensure safe environment for clients Quantity:
$28.40 r month $343
275
0
0
275 I
~
13h. Other Building Maintenance to ensure
I safe environment for clients Quantity:
i .-- ---
2.000
0
0
2,000 j
~ ,-, ,- form HUD-40090-2 4
1 v
Coastal Bend Alcohol & Drug Rehabilitation Center dba Charlie's Place
>~''- ?''~ Sunrise Recovery House
- DLR~S # 969082fi76
/jnot speclJled, the costs wiU be removed from the budget.
**Total of Line 14 must match line 6, column e., on the Protect Summary Budget The amount ojthe SHP request
entered must be no more than 80percenl of the Total Supportive Services Costs entered nn Line 16.
13i. Other Propeny Insurance on client ~
' buildin Quantit : $80 er month 768 0 0 768
' 13j. Other Service Category: Supportive
j StaffTrainin & Urinal sis 185 0 0 185
er Gen. liability, crime & wnbrella
I surance 4,350 0 0 4,350
14. Total SHP dollars requested:** i
lines 1 to 13 135,780 0 0 135,780
15, Total cash match to be spent on SHP
eli ible su ortive service activities: 33,945 0 0 33,945
16. Total su ortive services costs: ***
- -
169,72
0
0
169,725
~ - -- r ne r urat ~upparrrve ~ervrees costs inc/uaes the cash mntck entered ott line I S, and the SHP dollars requested on
line 14. The total of Line ]6 must matcle Itne 6, column ., on the Pro ect Summary Br~dReL _ _~
I3. SHP Operating Budget (All SHP Projects with Operating Costs)
Not Applicable
14. SHP New Project Multiple Structures Budget (All New SHP Projects as Applicable)
Not Applicable.
_ I5. SHP HMIS Budget (All SHP Projects with HMIS Costs j
Not Applicable.
Part J: Shelter Plus Care and Section 8 SRO Project Budgets {All S+C and SRO Projects as Applicable)
Jl. Shelter Plus Care and Section 8 SRO Rental Assistance Budget
Not Applicable.
J2. New Shelter Plus Care Single Room Occupancy (S+C/SRO) and New Section 8 Single Room
Occupancy (SRO) Project Budget
Not Applicable.
Section IIl: New Project Narratives
Not Applicable.
e
~ .~ : ~ form HUD-40090-2
lt'O
Coastal Bend Alcohol & Drug Reh ' itation Center dba Charlie's Placc
Sunrise Recoverv House
DUNS # 96908267E
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1 v 1
Coastal Bend Alcohol & Drug Rehab' ' [ion CeC'n'ter dba Charlie's Place
Applicant/Recipient ~ us. Department of Housing Meapp4d~rr.~c~~`~6y~ er3vzoos>
and Urban Development Du
Disclosure/Update Repot ~
structions. {See Public Reporting Statement and Privacy Act Statement and detailed instructions on page 2.)
- . ^GanLK@CI tent lnrormanon Indicate whether this Is an Initial Report U or an Update Report X
1. Applicant/Recipient Name, Adtlress, and Phone (include area code): 2. Social Security Number or
Coastal Bend Alcohol & Drug Rehabilitation Center dba Charlie's Place Employer ID Number:
24 North Country Club Place 741-59-5867
Corpus Christi, Texas 78407
(361)882-9302
3. HUD Progrem Name 4. Amount of HUD Assistance
Continuum of Care: Supportive Housing Program Requested/Received
$142,569
o. arere me name and location (street atltlress, Ciry and State) of the project or activity: _
24 North Country Club Place
Corpus Christi, Texas 78407
Part I Threshold Determinations
1. Ara you applying for 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 turther information see 24 CFR Sec. this application, in excess of $200,000 during this fiscal year (Oct. i -
4.3). Sep. 30)? For further intormation, see 24 CFR Sec. 4.9
X Yes ~ No ~ Yes x No.
If you answered "No" to either question 1 or 2, Stopl You do not need to complete the remainder of this form.
However, you must sign the certification at the end of the report.
Part II Other Government Assistance Provided or Requested /Expected Sources and Use of Funds.
~y^~uch assistance includes, but is not limited to, any grant, loan, subaldy, guarantee, insurance, payment, credit, or tax benefit.
~" 'oartmenVState/Local Agency Name and Address Type of Assistance Amount
Reduested/Pro 'dad Expected Uses of the Funds
tnuae. use neomonai pages n necessary.) _ - -
Part III Interested Parties. You must disclose:
1. All developers, wntredors, or wnsultants involved in the application for the assistance or in the planning, development, or implememation of the
project or aIXivgy and
2. any other person who has a fnancial interest in the project or activity for which the assistance is sought that exceeds $50,000 or 10 percent of the
assistance (whichever is lower).
Alphabetical list of all persons with a reportable financial interest
in the ro'ect or aclivit For individuals, ive the last name first Social Security No.
or Em to ee ID No. Type of Participation in
Pro'ect/Adivi Financial Interest in
Pro'ect/Activl $ antl Yo
tnoce: use r+ddmonal pages if necessary.)
Certification
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.
lmrtvcaryyyyi
05/18/20D7
Form HUD-2980 (3199)
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 wriNen notice of cancellation, material Bodily Injury and Property Damage
change, non-renewal or termination is required on Per occurrence /aggregate
all certificates
COMMERCIAL GENERAL LIABILITY including: $1,000.000 Combined Single Limit
1. Commercial Form
2. Premises -Operations
3. Productsl Completed Operations Hazard
4. Contractual Liability
5. Independent Contractors
6. Broad Form Property Damage
7. Personallnjury
C. In the event of accidents of any kind, Subrecipient must furnish the Risk Manager with copies
of all reports of such accidents within 10 days of the accident.
ADDITIONAL REQUIREMENTS
A. Certificate of
The City of Corpus Christi must be named as an additional insured on the liability
coverage, and a blanket waiver of subrogation is required on all applicable policies.
If your insurance company uses the standard ACORD form, the cancellation clause
(bottom right) must be amended by adding the wording "changed or" between "be"
and "canceled", and deleting the words, "endeavor to", and deleting the wording after
"left". In lieu of modification of the ACORD form, separate policy endorsements
addressing the same substantive requirements are mandatory.
* The name of the project must be listed under "Description of Operations"
* At a minimum, a 30-day written notice of cancellation, non-renewal, material
change, or termination is required.
B. If the Certificate of Insurance on its face does not show on its face the existence of
the coverage required by items 1.B (1)-(7), an authorized representative of the
insurance company must include a letter specifically stating whether items 1.6. (1)-7)
are included or excluded.
END
2007 - 2008 Continum of Care Service Grant Program Subrecipient Agreements ins. req.
4-29-OS ep Risk Mgmt.
~.-_ ~ EXHIBIT D
I*r~ii^~ CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
City of
Corpus
Christi
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to
provide the following information. Every question must be answered. If the question is not applicable, answer with "NA".
See definitions on next page. / ~~//~~
COMPANY NAME: ~L~ s ..,1'r,r i"~~ c e. ____
P. O. Box:
STREET ADDRESS: aY ~otiu f/v~I~ITY: ~~~.s r~~irr'ff' 21P: 2~~Q`~
FIRM IS: 1. Corporation 0 2. Partnership ^ 3. Sole Owner ^
4. Association ~ 5. Other
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%
or more of the ownership in the above named "firm."
N ~/~ Job Title and City Department (if known)
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or
more of the ownership in the above named "firm."
Na/me~/~ Title
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting
3% or more of the ownership in the above named "firm."
N ~/ Board, Commission or Committee
~'
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any
matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the
ownership in the above named "firm."
Nam% Consultant
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly
withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City
of Corpus Christi, Texas as changes occur.
Certifying Person: ~a va ~! /_"h ci/'~..
Signature of
Certifying Person•
r ~~~~
Title: ,exec. //,'/~ec nv-
Date: /~/.~~U.~
Pnao 1 of Z
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, industrial or
commercial, and whether established to produce or deal with a product or service,
including but not limited to, entities operated in the form of sole proprietorship, as
self-employed person, partnership, corporation, joint stock company, joint venture,
receivership or trust, and entities which for purposes of taxation are treated as non-
profit organizations.
"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."
"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
EXHIBIT C
COC COMPLIANCE AFFIDAVIT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
Date: d
Affiant: C~a,r ~' es ~ G. c G
Continuum of Care Grant Subrecipient
Affiant, on oath, swears the following statements are true:
I, L.4 d'y ~Lt ~/' ..~ , am the ~ec. !//~'~-G o1~'v~-- (title)
of _/k av I: a ~~4 c ti , a Texas nonprofit
corporation, which has applied for and been awarded Continuum of Care ("COC") Grant
Program funds administered by the City of Corpus Christi ("City"). Prior to the start of the
project for which COC funds have been awarded, as the representative of the above-
named subrecipientorganization ("Subrecipient"), 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, I
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
e u reclplen mus comp y, I anae-wittrF-ed>?ralia --
Signed:
TO AND SUBSCRIBED before me thi the .~ day of
2008.
(seal
~'+"r'o"
8.: .y LAURISA LYNN BAKLIK
Notary Pubilo, State of Texas
My Commieslon Explroa
70
1
OV
~ ~i ~,; 1
,
MtlfCh
Nota Public, State of xas J
,= --~
City Of Exhibit E
~~ Corpus
Christi
......~
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or an employee of any agency, a
member of congress, an officer or employee of congress, or an employee of a member of congress
in connection with the awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing 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 Form-11, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
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