HomeMy WebLinkAboutC2008-493 - 4/8/2008 - ApprovedCONTINUUM OF CARE GRANT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
GOODWILL INDUSTRIES
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 Goodwill Industries of South Texas,
Inc. ("Subrecipient"), a nonprofit corporation organized under the laws of the State of
Texas.
WHEREAS, there being a genuine need for supportive housing services for persons
who are homeless and for appropriate facilities in which to provide the services in the
City of Corpus Christi;
WHEREAS, providing supportive housing services to persons who are homeless
promotes the public welfare, health, and safety;
WHEREAS, the City is desirous of providing appropriate supportive housing services to
persons who are homeless;
WHEREAS, appropriate supportive housing services include decent, safe, and sanitary
shelter and other services essential for achieving independent living;
WHEREAS, the Subrecipient is able and desirous of providing the appropriate
supportive housing services to persons who are homeless and in need of assistance in
order to improve the quality of their lives; and
WHEREAS, the City has allocated Continuum of Care Grant ("COC") funds in the
amount of $142,720 to the Subrecipient for assistance in providing supportive housing
services for the homeless.
NOW, THEREFORE, the City and the Subrecipient have severally and collectively
agreed and, by the execution of this Agreement, are bound to the mutual obligations,
performances, and accomplishment of the tasks described in this Agreement:
SECTION 1. CITY'S FUNDING OBLIGATIONS. The City agrees to:
1.1 Funding. Provide the Subrecipient not more than One Hundred Forty-two
Thousand Seven Hundred Twenty Dollars ($142,720) of COC funds on a
reimbursement basis, based on the stated services to be provided pursuant to the
,,,,,,,,,,,,,., ~....~:__.:__ ~--Federal Assistance, PIN number TX55012, a copy of which is
2008-493 ~ and is attached to this Agreement as Exhibit A.
M2008-086
04/08/08
Goodwill Industries
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 $136,720 will be reimbursed to the Subrecipient for the provision
of essential supportive housing services to the homeless.
(C) Not more than one half of $6,000 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 $34,180 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 regulatory jurisdiction over
the facility or services.
2.5 Financial Records. Record financial transactions according to accrual accounting
procedures or develop such accrual information through analysis of the documentation
on hand and provide an independent audit for such expenditures upon request by the
City Manager or the Administrator of the City's Community Development Department
("CDD").
Goodwill 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 delivery
service, for which service has been prepaid; or (5) by fax transmission.
(B) Notice deposited with the United States Postal Service in the manner described
above will be deemed effective two (2) business days after deposit with the United
States Postal Service. Notice by telegram or overnight express delivery service will
be deemed effective one (1) business day after transmission to the telegraph com-
pany or overnight express carrier. Notice by fax transmission will be deemed effec-
tive upon transmission, with proof of confirmed delivery.
Goodwill COC Agml 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 Subrecioient:
Goodwill Industries of South Texas
Attn: Executive Director
2961 S. Port Avenue
Corpus Christi, TX 78405
(361) 884-4068 Office
(361)884-4090 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-
outthe term of this Agreement and during the period which the facilities or building must
be maintained as a shelter for the homeless in accordance with Section 5.2 of this
Agreement and 24 CFR §576.53, as amended, fire and extended coverage insurance in
the amount indicated in Exhibit B. Failure to maintain such insurance is cause for the
City to terminate this Agreement and cancel any and all reimbursements of COC funds
to Subrecipient.
4.3 Notice to City. Subrecipient shall require its insurance companies, written policies,
and certificates of insurance to provide that the City must be given thirty (30) days ad-
vance notice by the insurer prior to cancellation, nonrenewal, or material change of the
insurance policies required by Exhibit B.
4.4 Right to Re-evaluation and Adjust Limits. The Risk Manager retains the right to
re-evaluate the insurance requirements during the term of this Agreement and adjust
the types and limits of such insurance upon thirty (30) days written notice to Subrecip-
ient. Insurance types and limits may not be adjusted more frequently than once a year.
4.5 INDEMNIFICATION.
(A) Subrecipient covenants and agrees that it will indemnify and hold
City harmless of, from, and against all claims, demands, actions,
Goodwill COC Agmt FY0708.doc Page 4 of 12
r
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-
lating to this Agreement, the Subrecipient shall, upon receipt of
reasonable notice regarding commencement of litigation and at its
own expense, investigate all claims and demands, attend to their
settlement or other disposition, defend the City in all actions
based thereon with legal counsel satisfactory to the City Attorney,
and pay all charges of attorneys and all other costs and expenses
Goodwill COC Agmt FY0706.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,
utility, or furnishing costs must be maintained as a shelter for the homeless for the
period during which such assistance is provided under this Agreement. A substitute
site or shelter may be used during this period so long as the same general
population is served. For purposes of this subsection, the term "same general
population" means either the same types of homeless persons originally served
with COC funds (i.e., battered spouses, runaway children, families, or mentally ill
individuals) or persons in the same geographic area.
(C) Using COC funds for developing and implementing homeless prevention services
does not trigger any period of use requirements.
Goodwill 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,
Goodwill COC Agmt FY0708.doc Page 7 of 12
(F) The requirement that the Subrecipient make known that use of the facilities and ser-
vices is available to all persons on a nondiscriminatory basis. Where the proce-
dures that a Subrecipient uses to make known the availability of such facilities and
services are unlikely to reach persons with disabilities or persons of any particular
race, color, religion, sex, age, or national origin within the Subrecipient's service
area who may qualify for them, the Subrecipient shall establish additional proce-
dures that will ensure that these persons are made aware of the 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,
Goodwill 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-
cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces
County, Texas, where this Agreement was entered into and must be performed.
7.3 Nonexclusive Services. Nothing in this Agreement may be construed as prohibi-
ting the Subrecipient from entering into contracts with additional parties for the perfor-
mance of services similar or identical to those enumerated in this Agreement, and
nothing in this Agreement may be construed as prohibiting the Subrecipient from re-
ceiving compensation from such additional
terms of this Agreement are fulfilled.
contractual parties, provided that all other
Goodwill 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)
Goodwill COC Agmt FY0706.doc Page 10 of 12
Executed in duplicate originals this ~~"`day of , 2009.
ATTEST:
~(~~C~_
Armando Chapa ~
City Secretary
Approved as to form: , 2009
Eliz eth R. Hundl y ~
As ~ tant City Attorney
for the City Attorney
CITY OF CORPUS CHRISTI
wlr
'An I .Escobar
Ci Manager
a o -o~~ . AU ~ twKlct.
8Y COUNCIL ....,~~~.-
~._.........~»:C~
SECRETARY~b'
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2009, by
'Angel R. Escobar, City Manager of the City of Corpus Christi, a Texas municipal home-
rule corporation, on behalf of the corporation.
~~~~ Hour NouaNroN
~ y MY COMMISSION EXPIRES
gepbllipBR4,2Ot2
Notary Publ ,State of~xas-
Goodwill COC Agmt FY0706.doc Page 11 of 12
SUBRECIPIENT: GOODWILL INDUSTRIES OF SOUTH TEXAS, INC.
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Date
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Printed Name
p~es1"~y~'G ~wJ G~~
Title
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrumennt was acknowledged before me on / , 2009, by
John 17l , L/~lph , in his/her capacity as the _ Ye~ILEu2/ Ct nCC CAD
of Goodwill Industries of South Texas, Inc., a Texas non-profit corporation, on behalf of
the corporation.
,.a w.o.
,,o,~; .y,~y DEBRA H. BOVI
L Notary Publk, State of Tezas /~~~
-f° My Commission Expires /~ ,n p (ice
''~;;.;, ~@al) March 31, 2009 (~ /~X
Notary Public, State of Texas
Goodwill COC Agmt FY0708.doc Page 12 of 12
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2007 SUPPORTIVE HOUSING PROGRAM
RENEWAL GRANT AGREEMENT
This Grant Agreement is made by and between the United States Department of Housing
and Urban Development (HUD) and The Citv of Corous Christi the Recipient, whose Tax ID
number is 74-6000574 and address is 1201 Leopard Street, Corpus Christi, TX 78401, for
Project Number TX 59 B 701008 /Project Identifier Number 55012 ,for project to be located
at 2961 South Port Avenue, Corpus Christi, TK 78405.
The assistance which is the subject of this Grant Agreement is authorized by the
McKinney-Vento Homeless Assistance Act 42 U.S:C. 11381 (hereafter "the Act"). The term
"grant" or "grant funds" means the assistance provided under this Agreement. This grant
agreement will be governed by the Act, the Supportive Housing rule codified at 24 CFR 583,
which is attached hereto and made a part hereof as Attachment A, and the Notice of Funding
Availability (NOFA) that was published in two parts. The first part was the General Section of
the NOFA, which was published January I8, 2007 at 72 FR 2396, and the second part was the
Continuum of Care Homeless Assistance Programs NOFA Section of the NOFA, which was
published March 13, 2007 at 72 FR 11742.. The term "Application" means the original and
renewal application submissions on the basis of which a Grant was approved by HUD, including
the certifications and assurances and any information or documentation required to meet any
grant award conditions. The Application is incorporated herein as part of this Agreement,
however, in the event of conflict between the provisions of those documents and any provision
contained herein, this Renewal Grant Agreement shall control. The Secretazy 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 yearunder the original Grant Agreement or, if the original Grant Agreement was
amended to extend its tertn,xhe term of this agreement shall run from the end of the extension of
the original Grant Agreement term for a period of one yeaz .Eligible costs, as defined by the
Act and Attachment A, incurred between the end of Recipient's final operating year under the
original Grant Agreement, or extension thereof, and the execution of this Renewal Grant
Agreement may be paid with funds from the first operating year of this Renewal Grant.
HUD's total fund obligation for this project is $ 142.720 ,allocated as follows:
1. Grant for Operating $
2. Grant for Supportive Services $_136.720
3. Grant for Leasing $
4. HMIS $
5. Grant for Administration $_6.000
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 to the Recipient shall be to the address of the Recipient as written
above, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to
the HUD Field Office executing the Grant Agreement. No right, benefit, or advantage of the
Recipient hereunder be assigned without prior written approval of HUD.
For any 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
constnuction, then, throughout a period of twenty. years from the date of initial
occupancy or the igifia] service provision, the Recipient or project sponsor shall
continue as general partner and shall ensure thatthe 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 pazagraph shall constitute a default under
the Grant Agreement.
A default shall consist of any use of grant funds for a purpose other than as authorized by
this Grant Agreement, failure in the Recipient's duty to provide the supportive housing for the
minimum term in accordance with the requirements of Attachment A, noncompliance with the
Act or Attachment A provisions., any other material breach of the Grant Agreement, or
misrepresentations in the application submissions which, if known by HUD, would have resulted
in this grant not being provided. Upon due 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 tollowing 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
(fj direct the Recipient to reimburse the program accounts for costs inappropriately
charged to the program; or
(g) continue the grant with a substitute recipient of HUD's choosing; or
(h) other appropriate action including, but not limited to, any remedial action legally
available, such as affirmative litigation seeking declaratory judgment, specific
performance, damages, temporary or permanent injunctions and any other
available remedies.
No delay or omission by 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
certifications with HUD that the supportive housing has been provided in accordance with the
requirements of the Grant Agreement.
This. Grant Agreementconstitutes the entire agreement between the parties hereto, and
may be amended only in writing executed by HUD and the Recipient. More specifically, the
Recipient shall not change recipients, location, services, orpopglation to be served nor shift
more than 10 percent of funds from one approved type of eligible activity to another, or make
any other significant Change, without the prior written approval of HUD.
SIGNATURES
This Grant Agreement is hereby executed as follows:.
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
By: ~tP€? 1 d 2008
fffgnature and D ~ -~~3
John T. Maldonado
Typed name of signatory
Director. Office of Commtmity Plannine and Develo ment
Title
RECIPIENT
~r~ Gt (',a>zl'us ~Hiys~r
Name of Organization
By:
Authorized Si~natute and Date
Typed name of
L/tY A1~/azot
Title
lliltJltd. ~iitCtcL~f CTR. / ~+<1 • BZG ~o/} ~ 3~ l ~
Official Contact Person an Telephone No. and Fax No.
ATTACHMENT A
PART 583~UPPORTiVE HOUSING PROGRAM
Subpart A-General
Subpart A-General
Sec
583.1 Purpnse 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 Proc
ess
583.200 Application and grant award
583.230 Environmental review
583.235 Renewal grants
Subpart D-Program Requirements
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
Subpart E-Administration
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
51
§ 583.1 Purpose aad scope.
(a) General. The Supportive Housing Program
is authorized by title IV of the Stewart B. McKinney
Homeless Assistance Act (the McKinney Act) (42
U.S.C. 11381-11389). The Supportive Housing program
is designed to promote the development of supportive
housing and supportive services, including innovative
approaches to assist homeless persons in the transition
from homelessness, and to promote the provision of
supportive housing to homeless persons to enable them
to live as independently as possible.
(b) Components. Funds under this part may be
used for:
(I) Transitional housing to facilitate the
movement of homeless individuals and families to
permanent housing;
(2) Permanent housing that provides long-term
housing for homeless persons with disabilities;
(3) Housing that is, or is part of, a particularly
innovative project for, or alternative methods of,
meeting the immediate and long-term needs of homeless
persons; or
(4) Supportive services for homeless persons not
provided in conjunction with supportive housing.
[58 FR 1387], Mar. 15, 1993, as amended at GI FR
51175, Sept. 30, 1994]
§ 583.5 Definitions
As used in this pari: 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
jurisdiction prepares and submits to HUD in accordance
with 24 CFR part 91.
Date of initial occupancy means the date that the
supportive housing is initially occupied by a homeless
person for whom HUD provides assistance under this
part. If the assistance is for an existing homeless
facility, the date of initial occupancy is the date that
services are first provided•to the residents of supportive
housing with funding under this part.
Dute of initial ,service provision means the date
that supportive services are initially provided with funds
under this part to homeless persons who do not reside in
supportive housing. This definition applies only to
projects funded under this part that do not provide
supportive housing.
Di:rability 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 ]03 of the McKinney Act (42
U.S.C 11302).
Metropolitan city is defined in section 102(x)(4)
of the Housing and Community Development Act of
1974 (42 U.S.C 5302(x)(4)). In general, metropolitan
cities are those cities that are eligible for an entitlement
grant under 24 CFR part 570, subpart D.
New constructiai means the building of a
structure where none existed or an addition to an
existing structure that increases the floor area by more
than 100 percent.
Operating costs is defined. in section 422(5) of
the McKinney Act (42 U.S:C 11382(5)).
Outpatient health services is defined in section
422(6) of the McKinney Act (42 U.S.C. 11382(6)).
Pernianent housing for homeless persons with
disabilities is defined in section 424(c) of the McKinney
Act (42 U.S.C 1I384(c)).
Private nonprofit organization is defined in
section 422(7) (A), (B), and {D) of the McKinney Acl
(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. 11382(8),11384(d)).
Recipient is defined in section 422(9) of the
McKinney Act (42 U.S.C. 11.382(9)).
Rehabilitation means [he improvement or repair of an
existing structure or an addition to an existing structure
that does not increase the floor area by more than 100
percent. Rehabilitation does not include minor or
routine repairs.
State is defined in section 422(11) of the
McKinney Act (42 U.S.C. 11382(11)).
Supportive housing is defined in section 424(x) of the
McKinney Act (42 U.S.C. ] 1384(x)).
Supportive ,services is defined in section 425 of
the McKinney Act (42 U.S.C 11385).
Transitional housing is defined in section
424(6) of the McKinney Act (42 U.S.C. 11384(6)). See
also § 583.300(j).
Tribe is defined in section 102 of the Housing
and Community Development Act of 1974 (42 U.S.C.
5302).
Urban county is defined in section Ip2(a)(6) of
the Housing and Community Development Act of 1974
(42 U.S.C 5302(x)(6)). In general, urban counties are
those counties that are eligible for an entitlement grant
under 24 CFR part 570, subpart D.
[61 FR 51175, Sept. 30, 1996]
Subpart B-Assistance Provided
§ 583.100 Types and uses of assistance.
(a) Grant assistance. Assistance in the form of
grants is available for acquisition of structures,
rehabilitation of structures, acquisition and
rehabilitation of structures, new construction, leasing,
operating costs for supportive housing, and supportive
services, as described in §§ 583.105 through 583.125.
Applicants may apply for more than one type of
assistance,
(b) Uses of grant assistance. Grant assistance
may be used to:
(1) 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 for homeless persons
not residing in supportive housing;
(5) Purchase HUD-owned single family
properties currently leased by the applicant for use as a
homeless facility under 24 C1R part 291; and
(6) Continue funding supportive housing where
the recipient has received funding under this part for
leasing, supportive services, or operating costs.
(c) Structures used for multiple purposes
Structures used to provide supportive housing or
supportive services may also be used for other purposes,
except that assistance under this part will be available
only in proportion to the use of the structure for
supportive housing or supportive services.
52
(d) Technical assistance. HUU may offer
technical assistance, as described in § 583.140.
[58 FR 1.3871, Mar. I5, 1993, as amended at 59 FR
36891, July 19, 1994]
§ 583.105 Grants for acquisition and rehabilitation.
(a)' Use. HLJD 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) Amowu. 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) btrreased amounts. In areas determined by
HUD to have high acquisition and rehabilitation costs,
grants of more than $200,000, but not more than
$400,000, may be available.
§ 583.110 Grants for new construction.
(a} Use. HUD will gran[ funds to recipients to
pay a portion of the cost of new construction, including
cost-effective energy measures and [he cost of land
associated with that construction, for use in the
provision of supportive housing. If the grant funds are
used for new construction, the applicant must
demonstrate that the costs associated with new
construction are substantially less than the costs
associated with rehabilitation or that there is a lack of
available appropriate units that could be rehabilitated at
a cost less than new construction. For purposes of this
cost comparison, costs associated with rehabilitation or
new constmction may include the cost of real property
acquisition.
(b) Amount. The maximum grant available for
new construction is the lower o£
(1) $400,000; or
(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 to provide supportive housing or supportive
services for up to five years.
(b)(1) Leasing structures. Where grants are used
to pay rent for all or part of structures, the rent paid must
be reasonable in relation to rents being charged in the
area for comparable space. In addition, the rent paid may
not exceed rents currently being charged by the same
owner for comparable space.
(2) Leasing individual units. Where, grants are
used to pay rent for individual housing units, the rent
paid must be reasonable in relation to rents being
chazged for comparable units, taking into account the
location, size, type, quality, amenities, facilities, and
management services. In addition, the rents may not
exceed rents currently being charged by the same owner
for comparable unassisted units, and the portion of rents
paid with grant funds may not exceed HIJD-determined
fair market rents. Recipients may use grant funds in an
amount up to one month's rent to pay the non-recipient
landlord for any damages to leased units by homeless
participants.
[58 FR 13871, Mar. 15, 1993, as amended at 59 FR
36891, July 19, 1994]
§ 583.120 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 arcangement
with public or private service providers.
(b) Supportive services costs. Costs associated
with providing supportive services include salazies paid
to providers of supportive services and any other costs
directly associated with providing such services. For a
transitional housing project, supportive services costs
also include the costs of services provided to former
residents of transitional housing to assist their
adjustment to independent living. Such services may be
provided for up to six months after they leave the
transitional housing facility.
[58 FR 13871, Mar. 15, 1993, as amended at 59 FR
36891, July 19, 1994]
53
~ 583.125 Grants for operating costs.
(a) General. HUD will provide grants to pay a
portion (as described in § 583.130) of [he actual
operating costs of supportive housing for up to five
years.
(b) Operating casts. Operating costs are those
associated with the day-today operation of the
supportive housing. They also include the actual
expenses that a recipient incurs for conducting on-going
assessments of the supportive services needed by
residents and the availability of such services; relocation
assistance under § 583.310, including payments and
services; and insurance.
(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
yeaz.
[58 FR 13871, Mar. 15, 1993, as amended at 61 FR
S l 175, Sept. 30, 1996; 65 FK 30823, May 12, 2000]
§ 583.130 Commitment of grant amounts fur 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 [his par[ may be used for the purpose of
paying costs of administering the assistance.
(h) Administrative costs. Administrative costs
include the costs associated with accounting for the use
of grant funds, preparing reports for submission to
HUD, obtaining program audits, similar costs related to
administering the grant after the award, and staff salaries
associated with these administrative costs. They do not
include the costs of carrying out eligible activities under
§§ 583.105 through 583.125.
[58 FR 13871, Mar. 15, 1993, as amended at 61 FR
51175, Sept. 30, 1996]
§ 583.140 Technical assistance.
(a) General. HUD may set aside funds annually
to provide technical assistance, either directly by HUD
staff or indirectly through third-party providers, for any
supportive housing project. This technical assistance is
for the purpose of promoting the development of
supportive housing and supportive services as part of a
cominuum of care approach, including innovative
approaches to assist homeless persons in the transition
from homelessness, and promoting the provision of
supportive housing to homeless persons to enable them
to live as independently as possible.
(b) Uses of technical assistance. HUD may use
these funds to provide technical assistance to
prospective applicants, applicants, recipients, or other
providers of supportive housing or services for homeless
persons, for supportive housing projects. The assistance
may include, but is not limited to, written information
such as papers, monographs, manuals, guides, and
brochures; person-to-person exchanges; and training and
related costs.
(c) Selection of providers. From time to time, as
HUD determines the need, HUD may advertise and
competitively select providers to deliver technical
assistance. HUD may enter into contracts, grants, or
cooperative agreements, when necessary, to implement
the technical assistance.
[59 FR 36892, July ]9, 1994]
§ 583.145 Matching requirements.
(a) General. The recipient mustmatch 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 fhe project by one or more of
the following: the recipient, the Federal government,
State and local governments, and private resources.
(c) Maintenance of effort. State or local
government funds used in the matching contribution are
subject to the maintenance of effort requirements
described at § 5$3.150(a).
§ 583.150 Limitations on use of assistance.
(a) Maintenance of effort. No assistance
provided under this part (or any State or local
government funds used to supplement this assistance)
may be used to replace Slate or local funds previously
used, or designated for use, to assist homeless persons.
(b) Faith-based activities. (1) Organizations that
are religious or faith-based are eligible, on the same
basis as any other organization, to participate in the
Supportive Housing Program. Neither the Federal
54
government nor a State or local government receiving
funds under Supportive Housing programs shall
discriminate against an organization on the basis of the
organization's religious character or affiliation.
(2) Organizations that are directly funded under
the Supportive Housing Program may not engage in
inherently religious activities, such as worship, religious
instruction, or 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 the. HUD-funded
programs or services.
(3) A religious organization that participates in
the Supportive Housing Program will retain its
independence from Federal, State, and local
governments, and may continue to carry out its mission,
including the definition, practice, and expression of its
religious beliefs, provided that it does not use direct
Supportive Housing Program funds to support any
inherently religious activities, such as worship, religious
instruction, or proselytization. Among other things,
faith-based organizations may use space in their
facilities to provide Supportive Housing 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.
(5) Program funds may not be used for the
acquisition, construction, or rehabilitation of structures
[o the extent that those structures are used for inherently
religious activities. Program funds may be used for the
acquisition, construction, or rehabilitation of structures
only to the extent that those structures are used 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
cast of those portions of the acquisition, construction, or
rehabilitation that are attributable to eligible activities in
accordance with the cost accounting requirements
applicable to Supportive Housing Program funds in this
part. Sanctuaries, chapels, or other rooms that a
Supportive Housing Program-Funded religious
congregation uses as its principal place of worship,
however, are ineligible for Supportive Housing
Program-funded improvements. Disposition of real
property after the term of the grant, or any change in use
of the property during the term of the grant, is subject to
government- wide regulations governing real property
disposition (see 24 CFR parts 84 and 85).
(6) If a State or local government voluntarily
contributes its own funds to supplement federally
funded activities, the State or local govemment has the
option to segregate the Federal funds or commingle
them. However, if the funds are commingled, this
section applies to all of the commingled funds.
(c) Participant control of site. Where an
applicant does not propose to have control of a site or
sites but rather proposes to 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 orindividual
remains in the same housing without further assistance
under this part, 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) Applicants that are States or units of general
local governmettt. The applicant must have aHUD-
approved complete or abbreviated consolidated plan, in
accordance with 24 CFR part 91, and must submit a
certif cation 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
project will be located that the applicant's application
for funding is consistent with the jurisdiction's HUD
approved consolidated plan. The certification must be
made by the unit of general local govemment or the
State, in accordance with the consistency certification
provisions of the consolidated plan regulations, 24 CFR
part 91, subpart F.
(c) Indian trihes and the Insular Areas of Guam,
the U.S. Virgin Islands, American Samoa, amt the
Northern Mariana Islands. These entities are not
required to have a consolidated plan or to make
consolidated plan certifications. An application by an
Indian tribe or other applicant for a project that will be
55
located on a reservation of an Indian tribe will not
require a certification by the tribe or the State. However,
where un Indian tribe is the applicant for a project that
will not be located on a reservation, the requirement for
a certification under paragraph (b) of this section will
apply.
(d) Timing of consolidated plan certification
submissions. Unless 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 16380, 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 with the
requirements in section 426 of the McKinney Act (42
U:S.C. 11386) and the guidelines, rating criteria, and
procedures published in the NOFA.
[61 FR 51176, Sept..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 to review
under pan 58, HUD may make a finding in accordance
with § 58.1 1(d) and may itself perform the
environmental review under the provisions of part 50 of
this title if the recipient. objects in writing to the
responsible entity's performing the review under part
58. Irrespective of whether the responsible entity in
accord with part 58 (or HUD in accord with part 50)
performs the environmental review, the recipient shall
supply all available, relevant information necessary for
the responsible entity (or HUD, if applicable) to perform
for each property any environmental review required by
this part. The recipient also shall carry out mitigating
measures required by the responsible entity (or HUD, if
applicable) or select alternate 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 part,
until the responsible entity (as defined in § 58.2 of this
title) has completed the environmental review
procedures required by part 58 and the environmental
certification and RROF have been approved or HUD has
performed an environmental review under part 50 and
the recipient has received HUD approval of the
property. HUD will not release grant funds if the
recipient or any other party commits grant funds (i. e.,
incurs any costs or expenditures to be paid or
reimbursed with such funds) before [he 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 casts, or
supportive services, recipients must submit a request for
such funding in the form specified by HUD, must meet
the requirements of this part, and must submit requests
within the time period established by 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:
(1) Up to 50 percent of the actual operating and
leasing costs in the final year of the initial funding
period;
(2) Up to the amount of HUD assistance for
supportive services in the final year of the initial funding
period; and
(3) An allowance for cos[ increases.
(c) HUD review. (1) HUD will review the
request for renewal and will evaluate the recipient's
performance in previous years against the plans and
56
goals established in ttte 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 record of success, HUD will
also consider the recipient's willingness to accept
technical assistance and to make changes suggested by
technical assistance providers. Other factors which will
affect HUD's decision to approve a renewal request
include the following: a continuing history of inadequate
financial management accounting practices, indications
of mismanagement on the part of the recipient, a drastic
reduction in the population served by the recipient,
progratn 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 reyuesthas been approved or disapproved.
(Approved by the Office of Management and Budget
under control number 250(r-0112)
Subpart D-Program Requirements
§ 583.300 General operation.
(a) State and local requirements. Each recipient
of assistance under this pazt must provide housing or
services that are in compliance with all applicable State
and local housing codes, licensing requirements, and any
other requirements in the jurisdiction in which the
project is located regarding the condition of the structure
and the operation of the housing or services.
(b) Habitability standards. Except for such
variations as are proposed by the recipient and approved
by HUD, supportive housing must meet the following
requirements:
(1) Structure and 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
57
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 quality. Every room or space
must be provided with natural or mechanical ventilation.
Structures must be free of pollutants in the air at levels
that threaten the health of residents.
(5) Water supply. The water supply must be free
from contamination.
(ti) Sanitary facilities. Residents must have
access to sufficient sanitary facilities that are in proper
operating condition, may be used in privacy, and are
adequate for personal cleanliness and the disposal of
human waste.
(7) Thermal environu:ent. The housing must
have adequate heating and/or cooling facilities in proper
operating condition.
(8) Illumination and electricity. The housing
must have adequate natural or artificial illumination to
permit norms( 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 oral refuse disposal. All
food preparation areas must contain suitable space and
equipment to store, prepaze, and serve food in a sanitary
manner.
(10) Sanitary corutition. The housing and any
equipment must be maintained in sanitary condition.
(11) Fire safety. (i) Each unit must include at
least one battery-operated or hard-wired smoke detector,
in proper working condition, on each occupied level of
the unit. Smoke detectors must be located, to the extent
practicable, in a hallway adjacent to a bedroom. If the
unit is occupied by hearing- impaired persons, smoke
detectors must have an alazm system designed for
hearing-impaired persons in each bedroom occupied by
a hearing-impaired person.
(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 azeas 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
persons with disabilities must provide meals or meal
preparation facilities for residents.
(d) Ongoing ussessrnent of supportive services.
Each recipient of assistance under this part must conduct
an ongoing assessment of the supportive services
required by the residents of the project and the
availability of such services, and make adjustments as
appropriate.
(e) Reridetttial 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.
(f) Participation of homeless persons. (1) Each
recipient must provide for the participation of homeless
persons as required in section 426(8) of the McKinney
Ac[ (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 consult 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 the project.
(g) Records and reports. Each recipient of
assistance under this part must keep any records and
make any reports (including those pertaining to race,
ethnicity, gender, and disability status data) that HUD
may require within the timeframe required.
(h) Confidentiality. Each recipient that provides
family violence prevention or treatment services must
develop and implement procedures to ensure:
(1) The confidentiality of records pertaining to
any individual services; and
(2) That the address or location of any project
assisted will not be made public, except with written
authorization of the person or persons responsible 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.
Recipients may resume assistance to a participant whose
assistance was previously terminated. In terminating
assistance to a pazticipant, the recipient must provide a
forma( process that recognizes the rights of individuals
receiving assistance to due process of law. This process,
at a minimum, must consist of:
(1) Written notice to the participant containing a
clear statement of the reasons for termination;
(2) A review of the decision, in which the
participant is given the opportunity to present written or
oral objections before a person other than the person (or
a subordinate of that person) who made or approved the
termination decision; and
(3) Prompt written notice of the final decision to
the participant.
(j) Limitation of stay in transitional housing. A
homeless individual or family may remain in transitional
housing for a period longer than 24 months, if
permanent housing for the individual or family has not
been located or if the individual or family requires
additional time to prepare for independent living.
However, HUD may discontinue assistance for a
transitional housing project if more than half of the
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 IiIJD and the Department of Health and
Human Services (HHS). Upon receipt of an application
that proposes the provision of outpatient health services,
HUD will consult with HHS with respect to the
appropriateness of the proposed services.
(1) Annual assurances. Recipients who receive
assistance only for leasing, operating costs or supportive
services costs must provide an annual assurance for each
year such assistance is received that the project will be
operated for the purpose specified in the application.
(Approved by the Office of Management and Budget
under control number 2506-0112) [58 FR 13871, Mar.
15, 1993, as amended at 59 FR 36892, July 19, 1994; 61
FR 51176, Sept. 30, 1496]
$ 583.305 Term of commitment; repayment oP
grants; prevention of undue benefits.
(a} Term of commitment and conversion.
Recipients must agree to operate the housing or provide
supportive services in accordance with this part and with
sections 423 (b)(1) and (b)(3) of the McKinney Act (42
U.S.C. 11383(b)(1), 11383(b)(3)).
(b) Repayment ofgrant 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 the grant unless HUD has authorized
conversion of the project under section 423(6)(3) of the
McKinney Act (42 U.S.C. 11383(6)(3)).
i61 FR 51176, Sept. 30, 1996)
§ 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 pazagraph (t) 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) Reul property acyuisition reyuirements
The acquisition of real property for supportive housing
is subject to the iJRA and the requirements described in
49 CFR patt 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 requiretents of [his section, and must
ensure such compliance notwithstanding any third
party'scontractual obligation to the recipient to comply
with these provisions.
(2) The cost. of required relocation assistance is
an eligible project cost in the same manner and to the
same extent as other project costs. Such costs also may
be paid for with local public funds or funds available
from other sources.
(3) The recipient must maintain records in
sufficient detail to demonstrate compliance with
provisions of this section.
(e) Appeals, A person who disagrees with the
recipient's determination concerning whether the person
qualifies as a "displaced person," or the amount of
relocation assistance for which the person is eligible,
may file a written appeal of that determination with the
recipient. Alow-income person who is dissatisfied with
the recipient's determination on his or her appeal may
submit a written request for review of that determination
to the HUD field office.
(f) Deftnilion ofdisplaeed 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 to
HUD the application or application amendment
designating the project site.
(ii) Any person, including a person who moves
before the date described in paragraph (f)(1)(i) of this
section, if the recipient or HUD determines that the
displacement resulted directly From acquisition,
rehabilitation, or demolition for the assisted project.
(iii) Atenant-occupant of a dwelling unit who
moves permanently from the building/complex on or
after the 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, underxeasonable terms and conditions, upon
completion of the project. Such reasonable terms and
conditions must include a monthly rent and estimated
average monthly utility costs that do not exceed the
greater of:
(A) The tenant's monthly rent before the
initiation of negotiations and estimated average utility
costs, or
(B) 30 percent of gross household income. If the
initial rent is at or near the maximum, there must be a
reasonable basis for concluding at the time the project is
initiated that future tent increases will be modest.
(iv) A tenant of a dwelling who is required to
relocate temporarily, but does not return to the
building/complex, if either:
(A) A tenant is not offered payment for all
reasonable out-of-pocket expenses incurred in
connection with the temporary relocation, or
(B) Other conditions of the temporary relocation
are not reasonable.
59
(v) A tenant of a dwelling who moves from the
building/complex permanently after he or she has been
required to move to another unit in [he 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 not
reasonable.
(2) Notwithstanding the provisions of paragraph
(f)(1) of this section, a person does not qualify as a
"displaced person" (and is not eligible for relocation
assistance under the URA or this section), if:
(i) The person has been evicted for serious or
repeated violation of the terms and conditions of the
lease or occupancy agreetent, 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 the property after the
submission of the application and, before signing a lease
and commencing occupancy, was provided written
notice of the project, its possible impact on the person
(e.g., the person may be displaced, temporarily
relocated, or suffer a rent increase) and the fact that the
person would not qualify as a "displaced person" (or
for any assistance provided under this section), if the
project is approved;
(iii) The person is ineligible under 49 ('FR
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 tnay request, at any time,
HUD's determination of whether a displacement is or
would be covered under this section.
(g) Dejnition of initiation of negotiations. For
purposes of determining the formula for computing the
replacement housing assistance to be provided to a
residential tenant displaced as a direct result of privately
undertaken rehabilitation, demolition, or acquisition of
the real property, the term "initiation of negotiations"
means the execution of the agreement between the
recipient and HUD.
(h) 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.
(S8 FR 13871, Mar. 15, 1993, as amended at 59 FR
36892, July 19, 1994)
§ 583.315 Resident rent.
(a) Calculation of resident ret:t. 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:
(1) 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
the payment that is designated for housing costs.
(b) Use of rent. Resident rent may be used in the
operation of the project or may be reserved, in whole or
in part, to assist residents of transitional housing in
moving to permanent housing.
(c) Fees. In addition to resident rent, recipients
may charge residents reasonable fees for services not
paid with grantfunds.
(S8 FR 13871, Mar. IS, 1993, as amended at 59 FR
36892, July 19, 1994; 66 FR 6225, Jan. 19, 2001 ]
§ 583.320 Site control.
(a) Site control. (1) Where grant funds will be
used for acquisition, rehabilitation, or new construction
to provide supportive housing or supportive services, or
where grant funds will be used for operating costs of
supportive housing, or where grant funds will be used to
provide supportive services except where an applicant
will provide services at sites not operated by the
applicant, an applicant must demonstrate site control
before HUD will execute a grant agreement (e.g.,
through a deed, lease, executed contract of sale). If such
site control is not demonstrated within one year after
initial notification of the award of assistance under this
60
part, the grant will be deobligated as provided in
paragraph (c) of this section.
(2) Where grant funds will be used to 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 change. (1) A recipient may obtain
ownership or control of a suitable site different from the
one specified in its application. Retention of an
assistance award is subject to the new site's meeting all
requirements under this part for suitable sites.
(2) If the acquisition, rehabilitation, acquisition
and rehabilitation, or new construction costs for the
substitute site are 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
deobligate the award of assistance.
(c) Failure to obtain site control within one
year. HUD will recapture or deobligate any award for
assistance under this part if the recipient is not in control
of a suitable site before the expiration of one year after
initial notification of an award.
§ 583325 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) Nondiscrimination and equal opportunity
requirements. The nondiscrimination and equal
opportunity requirements set forth at part 5 of this title
apply to this program. The Indian Civil Rights Act (25
U.S.C. 1301 et seq.) applies to tribes when they exercise
their powers of self-government, and to Indian housing
authorities {IRAs) when established by the exercise of
such powers. When an IRA is established under State
law, the applicability of the Indian Civil Rights Act will
be determined on a case-by-case basis. Projects subject
to the Indian Civil Rights 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. (1) If the procedures that the
recipient intends to use to make known the availability
of the supportive housing are unlikely to reach persons
of any particular race, color, religion, sex, age, national
origin, familial status, or handicap who may qualify for
admission [o 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 ure accessible to persons with
a handicap and maintain evidence of implementation of
the procedures.
(d) Accessibility requirements. The recipient
must comply with the new construction accessibility
requirements of the Fair Housing Ac[ 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 the requirements of 24 CFR 8.23(a).
Other rehabilitation must meet the requirements of 24
CFR 8.23(b).
[58 FR 13871, 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 parf5, use of assistance provided under this part
must comply with the following Federal requirements:
(a) Fload insurance. (1) The Flood Disaster
Protection Act of 1973 (42 t1.S,C 4001-4128) prohibits
the approval of applications for assistance for
acquisition or construction (including rehabilitation) for
supportive housing located in an area identified by the
Federal Emergency Management Agency (FEMA) as
having special flood hazazds, 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 yeaz 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
constrttction (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 to Grants,
Contracts and Other Agreements with State and Local
Governments) and 24 CFR part 85 apply to the award,
acceptance, and use of assistance under the program by
governmental entities, and OMB Circular Nos. A-I10
(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 not atoll-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. 4821-4846), 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, J, K, and R of this
title apply to activities under this program.
(e) Conflicts of interest. (1) In addition to the
conflict of interest requirements in 24 t'FR part 85, no
person who is an employee, agent, consultant, officer, or
elected or appointed official of the recipient and who
exercises or has exercised any functions or
responsibilities with respect to assisted activities, or who
is in a position to participate in a decisionmaking
process or gain inside information with regard to such
activities, may obtain a personal or financial interest or
benefit from the activity, or have an interest in any
contract, subcontract, or agreement with respect thereto,
or the proceeds [hereunder, either for himself or herself
or for those with whom he or she has family or business
ties, during his or her tenure or for one year thereafter.
Participation by homeless individuals who also are
participants under the program in policy or
decisionmaking under § 583.300(f) does not constitute a
conflict of interest.
(2) Upon the written request of the recipient,
HUD may grant an exception to the provisions of
paragraph (e)(1) of this section on a case-by-case basis
when it determines that the exception will serve to
further the purposes of the program and the effective
and efficient administration of the recipient's project.
An exception may be considered only after the recipient
has provided the following:
(i) For States and other governmental entities, a
disclosure of the nature of the conflict, accompanied by
an assurance that there has been public disclosure of the
conflict and a description of how the public disclosure
was made; and
(ii) For all recipients, an opinion of the
recipient's attorney that the interest for which the
exception is sought would not violate State or local law.
(3) !n determining whether to grant a requested
exception after the recipient has satisfactorily met the
requirement of pazagraph (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;
(iv) Whether the interest or benefit was present
before the affected person was in a position as described
in paragraph (e)(1) of this section;
(v) Whether undue hardship will result either to
the recipient orthe person affected when weighed
against the public interest served by avoiding the
prohibited conflict; and
(vi) Any other relevant considerations.
(f) Audit. The financial management systems
used by recipients under this program must provide for
audits in accordance with 24 CFR part 44 or part 45, as
applicable. HUD may perform or require additional
audits as it finds necessary or appropriate.
62
(g) Davis-Bacon Act. The provisions of the
Davis-Bacon Act do not apply to this program.
[58 FR 13871, Mar. 15, 1993, as amended at G1 FR
5211, Feb. 9, 1996; 64 FR 50226, Sept. 15, 1999)
Subpart E-Administration
$ 583.400 Grant agreement.
(a) General. The duty to provide supportive
housing or supportive services in accordance with the
requirements of this part will be incorporated in a grant
agreement executed by HUD and the recipient.
(b) Enforcement. HUD will enforce the
obligations in the grant agreement through such action
as may be appropriate, including repayment of funds
that have already been disbursed to the recipient.
§ 583.405 Program changes.
(a) HUD approval. (1) A recipient may not
make any significant changes to an approved program
without prior HUD approval. Significant changes
include, bu[ 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. (00 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 the category of participants to
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) Durunaentation of other changes. Any
changes to an approved program that do not require
prior HUD approval must be fully documented in the
recipient's records.
(58 FR 13871, Mar. 15, 1993, as amended at 61 FR
51176, Sept. 30, 1996]
§ 583.4].0 Obligation and deobligation of funds.
(a) Ob[igatia~ of funds. When HUD and the
applicant execute a grant agreement, funds are obligated
to cover the amount of the approved assistance. under
subpart B of this part. The recipient will be expected to
carry out the supportive housing or supportive services
activities as proposed in the application.
(b) /ncreases. After the initial obligation of
funds, HUD will not make revisions to increase the
amount obligated.
(c) Deobligation. (t) 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 the proposed supportive housing
operations are not begun within three months after the
units are available for occupancy.
{3) The grant agreement may serforth in detail
other circumstances under which funds may be
deobligated, and other sanctions may be imposed.
(4) HUD may:
(i)12eadvertise the availability of funds that
have been deobligated under this section in a notice of
fund availability under § 583.2pp, 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 [his par[.
63
Es", oodwill Industries of South Texas
+ ~ WORK 2000
DUNS 110802721 G4
Section I: Project Summary Information
Part A: General Pro.iect Information (All Proiectsl
1. Project Priority Number
2. ^ New Project Previous Grant Number:
3. If renewal
list
(From Project Priority Chart
~ ,
in Exhihitl): previous grant number TX 59 B 601 005
& project identifier
^ Check box if project is a ~
®Renewal Project number (PIN): PIN Number:
# 1 Priority Samaritan Bonus TJ{ 55012
Project
~i
4. HUD-Defined CoC Name: ~
S. CoC Number: ~
Co us Christi/Nueces Count CoC TX-501 ~
6. Applicant's Organization Name (Legal Name fiom SF-424) 8. Applicant's DUNS Number
The Ci of Co us Christi (From SF-d24):
7. Check box if Applicant is a Faith-Based Organization 0694457786
® Check box if Applicant has ever received a fedeml grant, either directly from
a federal a enc or throu h a state/Iocal a enc
_
9. Project Applicant's Address (From SF-424)
10. Applicant's Employer
Street: 1201 Leopard St. identification Number (EITJ) (From
Ci Co us Christi State: Texas 'Lip: 78401 SF-424): 74-6000574
11. Contact person of Project Applicant: (From SF-424)
Name: Rudy L. Bentancotut, MPA Phone number: 361-826-3021 12. ^ Check box if Project
Title: Program Manager Fax number: 361-844-1740 Applicant is the same as Project
Community Development Email Address: Sponsor
De artment rud b cctexas.com
73. Project Name: ld. Project's location 6-digit
WORK 2000 ; Geographic Code:
489355 /481206
15. Project Address (S+C SRAs, if multiple sites list all addresses including): 18. Check box if Energy Star is
Street: 296.1 South Port Avenue used in this ro'ect
City: Corpus Christi State: TX Zip: 7$405 i9. Project Congressional Disvict(s):
16. ^ Check box if project is located in a Rural Area Not Applicable TX 27 i
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:
Goodwill Industries of South Texas, Inc. 080272164
21. Check bpx if Project Sponsor is aFaith-Based Organization
Check box if Project Sponsor has ever received a federal grant, either
duectl from a federal enc or thrau h a state/local a enc
23. Project Sponsor's Address (if different from Applicant) 2d. Sponsor's Employer
Street: 2961 South Port Avenue Identification Number (ElN):
Cit : Co us Christi State: TX 7.i :78405 74-1223056
25. Contact person of Project Sponsor (if differem from Applicant)
Name: John W. Owen Phone number: 361-884-4068
Title: President Fax number: 361-884-4090
-
Email Address: 'owen oodwillsouthtexas.com
1J~
~»..
R"'`
~`
Part B: Project Summary Budget
Bl. Su ortive Housin Pro ram SHF All SHP Projects)
'New projects must be 2 or 3 years, except new tIMIS projuts and new hold harmless reallocation projects, which can be 1, 2 or 3 years.
Goodwill Industries of South Texas
,;~"**. WORK 2000
DUNS # 080272164
a. SHP Pro ram c. Grant Term* (Check only one box)
b. Component Types (Check only one box)
^ ^ ~ ^ ^ Safe Haven(I'H ~
Y
Y
TH PH SSO HMIS ^ Safe HavenlPH i year 2
ears 3
ears
d. Proposed e. SHP Dollars f. Cash Match g. Totals j
SHP Activities Re west Col. e + Col.
1. Acquisition _
0
_ 0 0
I
2. Rehabilitation 0 0 0
3. New Construction 0 0 0
4. Subtotal 0 0 0
roes 1 throw h 3
5. Real Property Leasing 0 :`'~ ' 0
From Leasin Bud et Chart ." ~ d
-.rz.
6. Supportive Services
't6~,'Ti3~
~},~9-- nnn cih
~,;o~L-
F7om Supportive Services Budget Chart 13(p 2D 3 O o goo
7. Operations 0 0
From Operating Budget Chart _
8. HMIS _
0
0
0
From HMIS Budge[ Chart
9. SHP Request ~~,~~3- Total Budget
(Subtotal lines 4 through 8) 13 t. ~ 20 Total (Total SHP
10. Administrative Costs i -~t-,38fr- Cash Match Request + Total
to 5% of line 9 (n pon Cash Match)
11. Total SHP Request -1.7994 ~4};92H- -3}g-,~~3-- I
Totat lines 9 and 10 1 1 0 ~ 7to y oo
B2. Shelter Plus Care (S+C) (All S+C Projects)
Not Applicable.
B3. Section 8 Single Room Occupancy (SRO) (All Section 8 SRO Projects)
Not Applicable.
Part C: Point in Time Housing and Participants Chart (All Projects Except Dedicated HMIS
Projects)
1. HousingType*
a l
~ Multi-family (lb
^ S
tt
d Sit
(Check all that apply) .
^Smgle-family ~
^ ere
ca
e
i
P
t B
d
Not A licable. i ^ Con re ate Facili i rojec
ase
j a. Current b. New Effort or c. Projected
2. Units, Bedrooms, Beds Level j Change in Effort i Level
Not A licable,. (Point-in-Timo) (lt Applicable) ~ (column a + col b) ':.
Number of Units 0
0 ~ 0
Number of Bedrooms _
0 _ 0 __
-- 0 _~
Nttmber of Beds 0 0 0 j
1 v ~ Funn HUD-40090-2
€`"
i
Goodwill Industries of South Texas
WORK 2000
DUNS # 0802"]2164
3. Participants
a. Number of Households with
De endent Children 54 0 54 i
i. Number of adults 50 0 50
ii. Number of children 0 0 0
iii. Number of disabled ersons 4 0 4
b. Number of Households
without IIe endent Children 126 0 126
i. Nttmber of disabled ersons 104 0 104
ii. Of all disabled persons, ntunber
of chronicall homeless 14 0 14
'Housing Types; Ivtulti-family (apartments, duplexes, SROs, other buildings with 2 or more units); Single-family;
Congregate Facility (dormitory, barracks, shared-living).
Part D; Targeted 5ubpopulations (All Projects Except Dedicated HMIS Projects)
1. Homeless Sub o ulations 2. A roximate Percents es
Chronicall Homeless as defined b HUD 34.6%
Severel Mentall Ill 44.4%
Chronic Substance Abusers 23.1%
Veterans 2.6%
Persons with. AIV/AIDS 0.4%
Victims of Domestic Violence 13.2% ,
Unaccompanied Youth
(Under 18 years of age) _ 0.0%
_ _
Part E: Discharge Policy (Only State & Local Government Applicants)
Not Applicable.
Part F: Project Leveraging Chart (All Projects)
Identify Source
Date of I
Value of
Type of Source of as: (G) I
I
Contribution Contribution Government* Written Written
or (P) Private Commitment Commitment i
Volunteer Hours Board of Directors P OS!I 112007 $96U
meetings (4 meeting
x 24 members x t hr
x$10
Volunteer Hours Executive Committe P 05/1112007_ ( $700
meetings (7 meeting- !
~ x 10 members x 1 hr ~ ~
~ x $10 ~
Occupancy Costs 7.8%oftheagency' P 05/11/2007 j $10,086
annual occupancy
costs as identified in
our annual bud et ( w
Cash Match to this Undesignated grants P U5I11/2007 $41,929
CoC ant and donations i
*Government sources are appropriated dollars. TOTAL: $53,675.00
1 ~ ~ Fonn nUD-40090-2 2
Goodwill Industries of South Texas
"""h. WORK 2000
DUNS # 080272164
Part G: Project Participation and Data Coverage in Homeless Management Information System
'!
1. Is this project providing client level data to the HMIS either through direct data entry or data
upload/integration at least annually? ~ Yes ^ No
a. If no, when does the project anticipate
providing client level data to the HMIS? If
not applicable, briefly explain.
(mmlyyyy)
b. If yes, is the client level data collected on all
served by the project provided to the HMIS?
®Yes ^ No
Part H: Renewal Performance (Ail Renewal Projects)
1. ^Yes ~ No Are there any unresolved HUD monitoring findings, or outstanding audit
findings related to this project? If "Yes," briefly describe.
- - - ---~
Are there any significant changes in the project since the last finding
approval? Check all that apply:
^ Number of persons served: from to
^ Number of units: from to
2. ^Yes ®No ^ Location of project sites.
^ Line item or cost category budget changes more than 10%.
~ ^ Change in target population.
^ Change in project sponsor. !
^ Change in component type.
i ^ Other:
Please explain changes:
H: Renewal Performance For al] S+C, SHP-PH, SHP-TH, SHP-Safe Haven, and SSO Renewals : I
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 i
check the N/A box and ski these uestions. N!A
3. Permanent Housing (PH) Performance (To be filled out by all SHP and S+C renewti
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 : Not A licable
!
4. Transitional Housing (TH) Performance (To be filled out by all SHP renewal transition
housing projects, including both SHP-TH and SHP-Safe Haven transitional housing).
Complete the following chart using data based on the most recently submitted APR Question 14:
Not A licable.
5. Supportive Services -Mainstream Programs and Employment Chart (To be filled out by all
S+C and SHP renewals, except dedicated HMIS projects)
$ased on res onses to APR uestion 11 con lete the followin
t ~ z s ; 4
i Number of Adults Who Left I Income Source ~ Number of Exiting I % with Income
(Use the same number ! ~ Adults with Each Source at Exit
in each row) I of Income ~ (Col. 3 T Col I x
100
156 a. SSI _ ~ 13 ~ 6.l% I
~
` 166 b. SSDI
5 ! 3.2%
i~tb
Form HLD-40090-2
r".,.`°r
~^"
Goodwill Industries of South Texas
WORK 2000
DUNS # 080272164
156 I e. Social Security
-
- 0 ~ 0
~ 156
---
I 156
156 ~ d.
i e.
~ £ General Public Assi
stancj
TANF
SCHIP ~
I
~- 0
----
3
0 - 0 '
i
1.9%
~ p
I 156
_
-
~ g. 7
Veterans Benefits I
~ ---
3 -
+ 1.9%
i
~
156
h.
Employment Income __
~
39 _
~ 25%
156 i. Unemployment Benefits
-
- 0 ! 0
156 ; j. Veterans Health Car
a r- 0 0
156 ' k. Medicaid 0 ~~ _0 ~
156 1. Food Stamps 47 ~- 30.1
~
156
m. _
Other (please specify)
2 _
__
1.3% ~,
156 I n. No Financial Resources 49 .31.4%
Section II: Project Budgets
Part I: SHP Project Budgets (All SHP Projects as Applicable)
Il. SHP Leasing Budget (All SHP Projects with Leasing)
Not Applicable.
IZ. SHP Supportive Services Budget (All SHP Projects as Aoolicablel
- -^-- SHP Dollars Re nested
Su ortive Services Costs Year 1 Year 2 Year 3 Totat I
L Outreach 0 0 0 0
2. Case Management Case Manager ~~ 0 0
uan6 1 100%FTE
i ' 2 -z~-3-5-i
3. Life Skilis (ontaide of case management) 0 0 0 0
14. Alcoholand Drug Abuse Services 0 p 0 0
S. 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
8a. Education and Instruction Facilitator - 0 0 k9;H8Fi-
uanti : 1100% FTE 2 1 2 3 .~{_ i
$b. Education and Instruction Retention -8;3~, p 0 0 x$;3-73- j
S ecialist uanti : (1) 50% FTE
j 9. Employment Services Employment 0 0
Consultant Qtaanti 1 100%.FTE -la-t;•33
10. Child Care 0 0 0 0 i
11. Transportation 0 0 0 0
~ 1Z. Transitional Living Services 0 0 0 0 i
13a. Other Director-Workforce ~-~&9`s 0 0 -19~J5- i
Develo ment uanti 1 30%FTE ~tp
13b. Other Administrative Assistant ti~7n- 0 0 -~6~`23-
uatrtity: (1) 50%FTE Sy $
1 ~ r~ Form Illill-40090-2 4
I$t221
21,Z~l3
O
1H tS3~
~~'S?a
5~N 81
e«""",
Goodwill Industries of South Texas
^"+_. WORK 2000
DUNS # 0$0272164
13c. Other Social Security Quantity:
! WORK 2000 Staff ~;6~9-
5- 3 0 0 .6;699
13d. Other Health Insurance Quantity:
WORK 2000 Staff
1 3 8$ 3 0 0 3;&30
13e. Other Workers Compensation
Quanti :WORK 2000 Staff ~-
S ~ / o 0 0 ~-
13f. Other Unemployment Instvance
uanti :WORK 2000 Staff ~~ 0 0 ~&6 I
13 .Other Medicare -1;44#- 0 0 -1•;444-
13h. Other Administrative Match -14,G58- 0 0 -X4;65$-
13i. Other Staff & Trainin Develo ment ~8 p 0 ~49--
13'.Other Client Service Su lies 1;~52~ g 0 0 ~Sz
13k. Other Basic Tele hone -1;63- 0 0 0 -1-63-2-
131.Other Lon Distance Tele hone -336- 0 0 -336
13m. Other Posta e & Shi in 479- Q 0 0 47@-
13n.Other General & Liabilit Insurance -Er24 0 0 ~4
130.Other E ui ment Rental ^~r y I 0 0 ^~- !
13 .Other Recruitment Advertisin -t#4- 0 0 -td4
13 .Other In-house rintin /du lication 3&} 0 0 399
13r. Other Outside rintin du lication 4'7~ 0 0 499
13s. Otter Local Travel -1•,'x,38- lyo 0 0 ~@-
13t.Other S ecific Assistance-clients ~;8ifs~ J 30 0 -2;6-FCr ':
13u. Other A enc Membershi Dues -88 2. 0 0 -68,
13v. Other Drug Testing/Employ.
Ph sicals
X44 0
I I'1 0
-1.44
~ 13w. Other Program Manager Quantity: (1)
l00%FTE ~^-e-r^m"r-
/9 9 9 0 0
ld. Total SIIP dollars requested:"*
Hues 1 to 13 ~,~ 0 0 1 L
~
•If nat speclfed, the costs wNl be removed from the budget.
"*Total of Llne l ~ must match line b, column e., on the Project Summary Budget. The amount of the SHP request
tnrered mast be no more than 8o ercent o the Tota(Su or/ive Services Costs entered on Line I b. I
15. Total cash match to be agent on SHP
eli ible su ortive service activities: 0 0 !
'
16. Total su orttve services casts: *** 4'L, O 00 0 $
sy 3 7
13,YY3
S S/o
77/
11 t 7'1
11,999
33
9s 9
1133 ~
2.7 y
3~3
so9
2,Zy/
I I1
>to 3q
iyo 9
l , b'd3
'~ 2
111
l9, ~'e19
1310,'1 Lo
3N,1$~
17019 00
~ *"" The Total Supportive Services Costs includes the case matck entered on line 1 S, and the SHP dailars requested mt'
I line /4. The rota! orLlne I6 must match line b, column p., an the Pro ect.Summary Bud>:et
I3. SHP Operating Budget (All SHP Projects with Operating Costs)
Not Applicable
I4. SHP New Project lYlultiple Structures Budget (All New SHP Projects as Applicable)
Not Applicable.
I5. SHP HMIS Budget (Al] SHP Projects with HMIS Costs)
Not Applicable.
a [" ~
1 i1 Z1 Form trUD-40090-2 5
"',
Part. J: Shelter Plus Care and Section 8 SRO Project Budgets
(All S+C and SRO Projects as Applicable)
Not Applicable.
Section III: New Project Narratives
Not Applicable.
~^
Goodwill Industries of South Texa;
^"~4,, 4VOAK 2000
DUNS N 080272164
'y ~ `~ 1=0~ xuo-aoosa-z 6
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Goodwill Industries of South Texu
r"""+~ WORK 2000
DI,R~IS # 0802721b4
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1 V V
Goodwill Industries ofyS~otvutthr(T~exas
Applicant/Recipient ~ U.S. Department Of Housing !MB Approval No. 2yl(Yl7trl't 8131/2009)
DISCIOSUI'e~Update Rept,r s and urban Development DUNS #1)80272164
tructions. (See Public Reporting Statement and Privacy Act Statement and detailed instructions on page 2.)
_' ~plcant/Recipient Information Indieate whether this la ah Initial Report ^ or an Update Report X
1. ApDhcenUReGpient Name, Address, and Phone (include area code): 2. Soda/ sarurkv Number or
Goodwill Industries of South Texas Employer ID Number
2961 South Port Avenue 74-1223056
Corpus Christi, Texas 78405-2098
361-884-4068
Continuum of Care: Supportive Housing Program I Requested/Received
Sns,oss
5. state the name and location (street address, City and State) of the project or activity:
Goodwill Industries of South Texas, Inc.
2961 South Port Avenue
Corpus Christi, Texas 78405-2098
Part I Threshold Determinations
t, Are you applying for assistance for a specific project or activky? These 2. Have you received or tlo you expect to receive assistance within the
terms do not include formula greets, such as public housing operating jurisdiction of the Department (HUD) ,involving the project or activty in
subsidy or CDBG block greets. (For further Information see 24 CFR Sec. this application, in excess of 5200,000 during this fiscal year (Oct. i
4.3). Sep. 30)? For further information, see 24 CFR Sec. 4.9
X Yes ^ No ~ Yes X No.
If you answered "No° to either question 1 or 2, Stop! You do not need to complete the remainder of this form.
However, you must sign the certification at the end of the report.
Part Il Other Government Assisti<
.Such assistance indludes, but is not limited
or
and Use of Fu
edit, or tax benefit.
Part lit Interested Parties. You must disclose:
1.A11 tlevelopere, comrectore, or consultants involved in the application for the assistance or in the planning, development, or implementation of the
project or activity and
2. any other parson who has a finandel interest in the project or activity for which the assistance is sought that exceeds 550,000 or 10 percent of the
assistance (whichever is loweq.
Alphabetical list of altpersons with a reportable financial interest
in the ro act or a For individuals, ive. the last name first Social Security No.
or Em to ee ID No. Type of Partictpation in
Pro ecf/Aetivft Financial Interest in
Pro ect/Activit 5 and %
(Note: Use Additlonai pages ff necessary.)
CertHication
blaming: If yeu knowingly make a false statement on this form, you may be subject to civil or criminal penalties under Section to01 of Title 18 of the
United States Code. In addkion, any parson who knowingly and materialty violates any required disclosures of information, including intedtionai non-
disclosure, is subjeG to evil money penalty not to exceed 510,000 for each violation.
I certify tfiat this informaton is true and complete.
V W~
05/1
1 n 1 Form HUDd860 (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 written 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. Products/ 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.
II. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the liability
coverage, and a blanket waiver of subrogation is required on all applicable policies.
If your insurance company uses the standard ACORD form, the cancellation clause
(bottom right) must be amended by adding the wording "changed or" between "be"
and "canceled", and deleting the words, "endeavor to", and deleting the wording after
"left". In lieu of modification of the ACORD form, separate policy endorsements
addressing the same substantive requirements are mandatory.
The name of the project must be listed under "Description of Operations"
At a minimum, a 30-day written notice of cancellation, non-renewal, material
change, or termination is required.
B. If the Certificate of Insurance on its face does not show on its face the existence of
the coverage required by items 1.6 (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.
4-29-08 ep Risk Mgmt.
EXHIBIT C
STATE OF TEXAS
COUNTY OF NUECES
Date: /- l~- Zna q
Affiant: (3-oa ~r,a~ ~~ ~,
Continuum of C
COC COMPLIANCE AFFIDAVIT
§ KNOW ALL BY THESE PRESENTS:
~HJlr~ef O~rSou.-1~ ~~-'~tl ~nc.
are Grant Subrecipient
Affiant, on oath, swears the following statements are true:
I, O~ti
of P.-ns
am the /~i~cJ,'c/,.7 cK./ Cf U (title)
a Texas nonprofit
corporation, which has applied for and been awarded Continuum of Care ("COC") Grant
Program funds administered by the City of Corpus Christi ("City"). Prior to the start of the
project for which COC funds have been awarded, as the representative of the above-
named subrecipient organization ("Subrecipient"), I met with City staff and received copies
of the following Federal rules and regulations:
OMB CircularA-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
the Subrecipie ust comply, in accordance with Federal laws.
Signed: ~
SWORN 1 TO AND SUBSCRIBED before me this the ~ day of
N 1U1,1,1 RJ2l , 2008. ~~~
,,,~,u,,,, ~X~L.YL4 C~ l~
,.:1) DEBRA H. BOVLE Notary Public, State of Texas
?~' s_ Notary Public, State of Texas
" ' My Commission Expires
„~ a,.~~„
~;'""~4°' March 31, 2009
~-- EXHIBIT D
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:
P. O. Box:
~r~-j~~wc~ .Lh~u~rrc~ 6~ Sat,.`bl. TrXal y cr+~
STREET ADDRESS: 21G/ ,C, ~'c~ Avc+M- CITY: ~eraai C6~',~~ ZIP: 7
FIRM IS: 1. Corporation [~] 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 Carpus Christi having an "ownership interest" constituting 3%
or more of the ownership in the above named "firm."
Name
Nonc
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."
Name
No~-~
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."
Name Board, Commission or Committee
N~~
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any
matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the
ownership in the above named "firm."
Name Consultant
N~~
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: l,n dJ Uh
Signature of \ O~
Certifying Person: I.~J
Title: pnJ%~..Y sue/ CEu
Date: ~'lte-2QOS
Paaa 1 of ~
% ~~
City Of Exhibit E
~~ COY'pUS
c Christi
w...
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.
GJ 1-/~-20o s
i nature Date
Print Name of Authoriz d Individual
lr0o 0l[J ~ ~ ~ ~di.l Y/'fc~l 6'r fdw~~ /'~`l~~.c.
Organization Name