Loading...
HomeMy WebLinkAboutC2008-517 - 10/14/2008 - ApprovedCONTINUUM OF CARE GRANT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SALVATION ARMY THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This agreement ("Agreement") is made and entered into by the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its City Manager or the City Manager's designee ("City Manager"), and The Salvation Army ("Subrecipient"), a nonprofit corporation organized under the laws of the State of Georgia. 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 $128,394 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 Twenty-eight Thousand Three Hundred Ninety-four Dollars ($128,394) of COC funds on a reimbursement basis, based on the stated services to be provided pursuant to the approved Application for Federal Assistance, PIN number TX55054, a copy of which is Inr'nrnnrofoll I+.....~-.--.ice and is attached to this Agreement as Exhibit A. 2008-517 Res. 027886 10/14/08 Salvation Army 1.2 Reimbursement. Reimburse COC funds to the Subrecipient according to this Agreement and as follows: (A) Not more than $105,480 will be reimbursed to the Subrecipient for payment of operating costs related to supplying supportive housing services for the homeless. (B) Not more than $16,800 will be reimbursed to the Subrecipient for the provision of essential supportive housing services to the homeless. (C) Not more than one half of $6,114 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 $35,160 must be spent by the Subrecipient to provide for the operating costs related to supplying supportive housing services to the homeless. (B) Not less than $4,200 must be spent by the Subrecipient to provide essential 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- ,~ ~ces t~t~~~r Bless persons, and provide supervision and oversight, by the Subreci- ~; p ent s oafs ~'~~it~ctpr~ 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"). Salvation Army Singles 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 termi- nates on July 31, 2009, unless such date is modified in writing pursuant to subsection 7.4 of this Agreement following the City's timely receipt of a 30-day extension request. 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. Salvation Anny Singles COC Agmt revd FY0708.doc Page 3 of 12 (C) All such communications must only be made to the following: If to the City: City of Corpus Christi Attn: Admin., Community Dev. P. O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 880-3045 Office (361)844-1740 Fax If to the Subrecipient: The Salvation Army Attn: Executive Director 521 Josephine Street Corpus Christi, TX 78401 (361) 884-9497 Office (361)884-7522 Fax (D) Either party may change the address to which notice is sent by using a method set out above. The Subrecipient shall notify the City of an address change within 10 working days after the address is changed. SECTION 4. INSURANCE AND INDEMNITY PROVISIONS 4.1 Liability Insurance. The Subrecipient shall have in force, throughout the term of this Agreement, insurance that complies with the standards in Exhibit B, a copy of which is attached to this Agreement and incorporated in this Agreement by reference. A certificate evidencing the Subrecipient's provision of insurance must be provided to the City's Risk Manager ("Risk Manager") and the Administrator of CDD at least ten (10) days prior to any expenditures of COC funds by the Subrecipient. Failure to maintain any of the types and limits of the insurance required by Exhibit A is cause for the City Manager or the Administrator of CDD to terminate this Agreement and cancel any and all reimbursements of COC funds to the Subrecipient. 4.2 Fire and Extended Coverage. The Subrecipient shall also have in force, through- out the term of this Agreement and during the period which the facilities or building must be maintained as a shelter for the homeless in accordance with Section 5.2 of this Agreement and 24 CFR §576.53, as amended, fire and extended coverage insurance in the amount indicated in Exhibit B. Failure to maintain such insurance is cause for the City to terminate this Agreement and cancel any and all reimbursements of COC funds to Subrecipient. 4.3 Notice to City. Subrecipient shall require its insurance companies, written policies, and certificates of insurance to provide that the City must be given thirty (30) days ad- vance notice by the insurer prior to cancellation, nonrenewal, or material change of the insurance policies required by Exhibit B. 4.4 Right to Re-evaluation and Adjust Limits. The Risk Manager retains the right to re-evaluate the insurance requirements during the term of this Agreement and adjust the types and limits of such insurance upon thirty (30) days written notice to Subrecip- ient. Insurance types and limits may not be adjusted more frequently than once a year. 4.5 INDEMNIFICATION. (A) Subrecipient covenants and agrees that it will indemnify and hold City harmless of, from, and against all claims, demands, actions, Salvation Army Singles COC Agmt FY0708.doc Page 4 of 12 ~ I 1 f ~ i 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 or any 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 Salvation Anny Singles COC Agmt FY0708.doc Page 5 of 12 of any kind whatsoever arising from any said claims, demands, ac- tions, damages, losses, costs, liabilities, expenses, orjudgments. (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 pertormed 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. Salvation Army Singles 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, Salvation Army Singles COC Agmt FY0706.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, Salvation Army Singles 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 contractual parties, provided that all other terms of this Agreement are fulfilled. Salvation Artny Singles 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) Salvation Artny Singles COC Agmt FY0708.doc Page 10 of 12 Executed in duplicate originals this ~ day of - , 200~.°I ATTEST: Armando Chapa City Secretary Approved as to form: CITY OF CORPUS CHRISTI r R. Escobar ity Manager a a3 , 200 er caunci~..,10~1,~~(,~~ SECRETARY ,~J}J Elizabe R. Hundley Assista City Attorney for the City Attorney ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on o~3 , 200,8, by 'Angel R. Escobar, City Manager of the City of Corpus hristi, a Texa municipal home- rule corporation, on behalf of the corporation. ,+ HOLLYHgIONrOH ~"• " ~_ MY CAAVJISSION EI(PIRES ii ~w~ ~ ~ '~• •:~«•~ ~B11ba`~'~2 Notary Pub ,State of xas Salvation Army Singles COC Agmt FY0708.doc Page 17 of 12 SUBRECIPIENT: THE SALVATION ARMY THE SALVATION A H GEORGIA CORPORATION ~rlu~ SECRETARY Title d SignatUr Date VvILLINM K.N. GOOOIER Printed Name ACKNOWLEDGMENT STATE OF GEORGIA § § KNOW ALL BY THESE PRESENTS: COUNTY OF FULTON § This instrument was acknowledged before me on _7~^ ~~ ~, ,3 ~ , 200 by WILLIAM R. N. GOODIER , in his/her capacity as the Acy7A.4 sEr,RETARY of The Salvation Army, a Georgia non-profit corporation, on behalf of the corporation. .~°~~~ PRA '! ~~~''- r CEO/9FS f`t~ a -T, Mq one, .G: Y70, Iq ice; <~ti~tre ?O'° Off, COUN~y ~, No ary Public, State of Georgia Salvation Army Singles COC Agml FY0708.doc Page 12 of 72 . , ___ ,. ._. _...._. EXHIBIT __ 2007 SL?PE'ORTIVE HOUSING PROGRAM RENBVr`AI. GRANT' AGREEMENT This Grant Agreement is made by and between the United States Depattment of Housing and Urban Development. (HL7D) and The City of Corpus Chtsti, the Recipient, whose Tax ID number is 74-60(10574 and address 'rs 1201 Leopard Street, Corpus Christi.'I'X 78401.. for Project Number'PX 59 13 701 004 /Project Identifier Number 55054 ,for project to be located at 50] Josephine. Corpus Christi, TX 78401. -I-he 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 tends" means the assistance provided under this Agreement. This grant agreement will he governed by the Act. the Supportive Housing rule codified at 24 CFR 583. which is auached hereto and made a part hereof as Attachment A, and the Notice of Funding Availability (NOFA) that ~+~as published in two pans. 1'he first part was the General Section of the NOFA, which v,~as published January 18, 2007 at 72 FR 2396, and the second part was the Continuum of Care Homeless Assistance Programs NOFA Section of the NOFA, which was published A9arch 13, 2007 at 72 FR 11742. The term "Application" means the original and renewal application submissions on the basis of which a Grant was approved by HUD, including the certifications and assurances and any information or documentation required to meet any grant award conditions. The Application is incorporated herein as part of this Agreement, however. in the event of conflict between the provisions of those documents and any provision contained herein, this Renewal Grant Agreement shall control. The Secretary agrees, subject to the terms of the Grant Agreement, to provide the grant funds in the amount specified below for the approved project described in the Application. Although this agreement. will become effective only upon the execution hereof by both parties, upon execution the term of this agreement shall run from the end of the Recipient's final operating year under the original Grant Agreement. or, if the original Grant. Agreement was amended to extend its term, the term of this agreement shall run from the end of the extension of the original Grant Agreement teen for a period of one year .Eligible costs, as defined by the Act and Attachrent A, incuned between the end of Recipient's final operating year under the original Grant Agreement, or extension thereof, and the execution of this Renewal Grant Agt-oement may be paid with funds from the first operating year of this Renewal Grant. HUD's total fund obligation for this project is $ 128.394 ,allocated as follows: 1. Grant for Operating $ 705,480 2. Grant for Supportive Se-rvices $ 16,800 3. Grant for Leasing $ 4. HMIS $ __ 5. Grant for Administration $ 6.114 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 Infotmation 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 construction, then, throughout a period of twenty years from the date of initial occupancy or the initial service provision, the Recipient or project sponsor shall continue as general partner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the project site throughout that twenty-year period. If grant funds were not used for acquisition, rehabilitation or new construction, then the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof. Failure to comply with the terms of this paragraph shall constitute a default under the 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 far 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 following actions: (a) direct the Recipient to submit progress schedules for completing approved activities; or (b) issue a letter of warning advising the Recipient of the default, establishing a date by which corrective actions must be completed and putting the Recipient on notice that more serious actions will be taken if the default is not corrected or is repeated; or (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or (d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or (e) reduce or recapture the grant; or (f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or (g) continue the grant with a substitute recipient of HUD's choosing; or (h) other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, specific 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 Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. More specifically, the Recipient shall not change recipients, location, services, or population to be served nor shift more than ]0 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: .- ~~R 3 o zoos Suture amd Dat~ John T. Maldonado Typed name of signatory Director, Office of Community Planning and Development Title RECIPIENT ~/rl aF C~ev~r Crf,us n Name of Organization B y: Signature and Dare Typed name of signatory G`Iry M~tNAarx Title O,e~1~n. ~~.~~ ~~t • I ?sr. Btc.3o,~1 ?ci .~ Official Contact Person and Telephone o. and Rax No. ATTACHMENT A PART 583~SUPPORTIVE HOUSING PROGRAM Subpart A-General Sec 583. I Purpose and scope 583.5 Definitions Subpart B-Assistance Provided 583.100 Types and uses of assistance 583.105 Grants for acquisition and rehabilitation 583.110 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. l35 Administrative costs 583.140 Technical assistance 583.145 Matching requirements 583.150 Limitations on use of assistance 583.155 Consolidated plan Subpart C-Application and Grant Award Process 583.20 Application and grant award 583.230 Environmental review 583.235 Renewal grants Subpart D-Program Requirements Subpart A-General § 583.1 Purpose and scope. (a) General. The Supportive Housing Program is authorized by title N of the Stewart B. McKinney Homeless Assistance Act (the McKinney Act) (42 U.S.C. 11381-I 1389). The Supportive Housing program is designed to promote [he development of supportive housing and supportive services, including innovative approaches to assist homeless persons in the transition from homelessness, and to promote the provision of supportive housing to homeless persons to enable them to live as independently as possible. (b) Components. Funds under this part may be used for: (1) Transitional housing to facilitate the movement of homeless individuals and families to permanent housing; (2) Permanent housing that provides long-term housing for homeless persons with disabilities; (3) Housing that is, or is part of, a particularly innovative project for, or altema[ive methods of, meeting the immediate and long-term needs of homeless persons; or (4) Supportive services for homeless persons not provided in conjunction with supportive housing. (58 FR 13871, Mar. 15, 1993, as amended at 61 FR 51 ] 75, Sept. 30, 1996) 583.300 General operation 583.305 Term of commitment; repayment of grants; prevention of undue benefits 583.31() Displacement, relocation, and acquisition 583.315 Resident rent 583.320 Site control 583.325 Nondiscrimination and equal opportunity requirements 583.330 Applicability of other Federal requirements Subpart E-Administration 583.400 Grant agreement 583.405 Program changes 583.410 Obligation and deobliga[ion of funds. AUTHORITY: 42 U.S.C. 11389 and 3535(d) SOURCE: 58 FR 13871, Mar. I5, 1993, unless otherwise noted § 583.5 Definitions As used in this part: Applicant is defined in section 422(1) of the McKinney Act (42 U.S.C 11382(1)). For purposes of this definition, governmental entities include those that have general govemmental powers (such as a city or county), as well as those that have limited or special powers (such as public housing agencies). Consolidated plat[ means the plan that a jurisdiction prepares and submits to HUD in accordance with 24 CFR part 91. Date of i»iiial 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. 51 Date 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 [hat do not provide supportive housing. Disability is defined in section 422(2) of the McKinney Act (42 U.S.C 11382(2)). Homeless person means an individual or family that is described in section 103 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(a)(4j). In general, metropolitan cities are [hose cities [hat are eligible for an entitlement grant under 24 CFR part 570, subpart D. New cautnmtion means the building of a structure where none existed or an addition to an existing structure that increases [he 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)). Oe+tpatient health services is defined in section 422(6) of the McKinney Act (42 U.S.C. 11382(6)). Penrtanent housing for homeless persons with disabilities is defined in section 424(c) of the McKinney Act (42 U.S.C 11384(cp. Private nonprofit organizntion is defined in section 422(7) (A), (B), and (D) of the McKinney Ac[ (42 U.S.C. 11382(7) (A), (B), and (D)). The organization must also have a functioning accounting system that is operated in accordance with generally accepted accounting principles, or designate an entity that will maintain a functioning accounting system for the organization in accordance with generally accepted accounting principles Project is defined in sections 422(8) and 424(d) of the McKinney Act (42 U.S.C. 11382(8), 11384(d)). Recipient is defined in section 422(9) of the McKinney Act (42 U.S.C. 11382(9)). Rehabilitation means the improvement or repair of an existing structure or an addition to an existing structure that does not increase the floor area by more than 100 percent. Rehabilitation does not include minor or routine repairs. State is defined in section 422(] 1) of [he McKinney Act (42 U.S.C. 11382(11)). Supportive housing is defined in section 424(x) of the McKinney Act (42 U.S.C. 11384(x)). Supportive sernices is defined in section 425 of the McKinney Act (42 U.S.C ] 1385). Trnnsttional 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 llevelopmeN Act of 1974 (42 U.S.C. 5302). Urban county is defined in section 102(x)(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 assistarue. 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 grma assistance. Grant assistance may be used to: (1) Establish new supportive housing facilities or new facilities [o 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 CFR 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. HUD may offer technical assistance, as described in § 583.140. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36891, July 19, 1994) 583.105 Grants for acquisition and rehabilitation. (a) Use. HUD will grant funds to recipients to: (1) Pay a portion of the cost of the acquisition of real property selected by [he 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 cos[ of rehabilitation of structures, including cost effective energy measures, selected by the recipients to provide supportive housing or supportive services; or (3) Pay a portion of the cost of acquisition and rehabilitation of structures, as described in paragraphs (a)(1) and (2) of this section. (b) Amount. The maximum grant available for acquisition, rehabilitation, or acquisition and rehabilitation is the lower of: (1)$2(10,000; or (2) The total cost of the acquisition, rehabilitation, or acquisition and rehabilitation minus the applicant's contribution toward the cost. (c) Lecreased 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 grant funds [o recipients to pay a portion of the cost of new construction, including costcffective energy measures and the cost of land associated with that construction, for use in the provision of supportive housing. If the grant funds are used for new construction, the applicant must demonstrate that the costs associated with new construction are substantially less than [he 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 construction may include the cost of real property acquisition. (b) Amount. The maximum gran[ available for new construction is the lower of: (1) $400,000; or (2) The total cost of the new construction, including the cost of land associated with that conswction, minus the applicant's contribution toward the cost of same. § 583.115 Grants for leasing. (a) General. HIJD will provide grants to pay (as described in § 583.130 of this part) for the actual costs of leasing a swcture or structures, or portions thereof, used to provide supportive housing or supportive services for up to five years. (b)(1) Leasir:g structures. Where grants are used to pay rent for all or pan 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 unitt. Where. grants are used to pay rent for individual housing units, the rent paid must be reasonable in relation to rents being charged for comparable units, taking into account the location, size, type, quality, amenities, facilities, and management services. In addition, the rents may not exceed rents currently being charged by the same owner for comparable unassisted units, and the portion of rents paid with grant funds may not exceed HUD-determined fair market rents. Recipients may use grant funds in an amount up to one month's rent to pay the non-recipient landlord for any damages to leased units by homeless participants. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36891, July 19, 1994] § 583.120 Grants for supportive services costs. (a) General. HUD will provide grants to pay (as described in § 583.130 of [his pan) for [he actual costs of supportive services for homeless persons for up to five years. All or part of [he supportive services may be provided directly by the recipient or by arrangement with public or private service providers. (b) Supportive services costs. Costs associated with providing supportive services include salaries paid to providers of supportive services and any other costs directly associated with providing such services. For a transitional housing project, supportive services costs also include [he 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 FEt 1387(, Mar. 15, 1993, as amended at 59 FR 3689I,July 19,1994] 53 § 583,125 Grants for operating costs. (a) General. HUD will provide grants to pay a portion (as described in § 583. I30) of [he actual operating costs of supportive housing fbr up to five years. (b) Operating costs. Operating costs are those associated with the day-today operation of the supportive housing. They also include [he 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 far operating costs. Assistance for operating costs will be available for up to 75 percent of [he total cost in each year of the grant term. The recipient must pay the percentage of the actual operating costs not funded by HUD. At the end of each operating year, the recipient must demonstrate that it has met its match requirement of the costs for that year. [58 FR 13871, Mar. ]5, 1993, as amended at 61 FR 51175, Sept. 30, 1996; 65 FR 30823, May 12, 2000] § 583.130 Commitment of grant amounts for leasing, supportive services, and operating costs Upon execution of a grant agreement covering assistance for leasing, supportive services, or operating costs, HUD will obligate amounts for a period not to exceed five operating years. The total amount obligated will be equal to an amount necessary for the specified years of operation, less the recipient's share of operating costs. (Approved by the Office of Management and Budget under OMB control number 2506-0112) [59 FR 36891, July 19, 1994] § 583.135 Administrative costs. (a) General. Up to five percent of any grunt awarded under this part may be used for the purpose of paying costs of administering the assistance. (b) Administrative costs. Administrative costs include the costs associated with accounting for [he 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,I99Gj § 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 continuum of care approach, including innovative approaches to assist homeless persons in the transition from homelessness, and promoting the provision of supportive housing to homeless persons to enable [hem 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, far 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 agreerr~nts, when necessary, to implement the technical assistance. [59 FR 36892, July 19, 1994] § 583.145 Matching requirements. (a) General. The recipient must match the funds provided by HUD for grants for acquisition, rehabilitation, and new construction with an equal amount of funds from other sources. (b) Cash resources. The matching funds must be cash resources provided to the project by one or more of the following: the recipient, the Federal government, State and local governments, and private resources. (c) Maintenance of effort. State or local government funds used in the matching contribution are subject to the maintenance of effort requirements described at § 583.150(a). § 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 State or local funds previously used, or designated for use, to assist homeless persons. (b) Faith-based activities. (1) Organizations that are religious or faith-based are eligible, on the same basis as any other organization, to participate in the Supportive Housing Program. Neither the Federal 54 govemment nor a State or hxal 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, Stale, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided [hat it does not use direct Supportive Housing Program funds to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, faith-based organizations 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 i[ 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 [he basis of religion or religious belief. (5) Program funds may not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Program funds may be used for the acquisition, conswction, or rehabilitation of swetures only to the extent [hat those structures are used for conducting eligible activities under this part. Where a structure is used for both eligible and inherently religious activities, program funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to Supportive Housing Program funds in this pan. Sanctuaries, chapels, or other rooms that a Supportive Housing Program-funded religious congregation uses as its principal place of worship, however, are ineligib]e 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 Slate or local govemment has the option to segregate the Federal funds or commingle them. However, if the funds are commingled, [his section applies to all of the commingled funds. (c) Participant control of site. Where an applicant does 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 or individual remains in [he same housing without further assistance under this pan, that applicant may no[ request assistance for acquisition, rehabilitation, or new conswction. [58 FR 1387t, 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 govemment. The applicant must have aHUD- approved complete or abbreviated consolidated plan, in accordance with 24 CFR part 9l, and must submit a certification that the application for funding is consistent with the HUD-approved consolidated plan. Funded applicants must certify in a grant agreement that they are following the HUD-approved consolidated plan. (b) Applicants that are not States or units of general local government. The applicant must submit a certification by the jurisdiction in which the proposed project will be located that the applicant's application for funding is consistent with the jurisdiction's HUD approved consolidated plan. The certification must be made by the unit of general local government or the State, in accordance with the consistency certification provisions of the consolidated plan regulations, 24 CFR part 91, subpart F. (c) Indian tribes and the Insular Areas of Guatn, the U.S. Virgin Islands, American Santoa, and the Northeast Mariana Islands. These entities are not required to have a consolidated plan or to make consolidated plan certifications. An application by an Indian Vibe or other applicant for a project [hat will be 55 located on a reservation of an Indian tribe will not require a certification by the tribe or the State. However, where an Indian tribe is the applicant for a project that will not be located on a reservation, the requirement for a certification under paragraph (b) of this section will apply. (d) Tinting of caesolidated plmt certificatiat 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 bythe funding application submission deadline announced in the NOFA. [60 FR I638Q 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. 1 1386) and the guidelines, rating criteria, and procedures published in the NOFA. [61 FR 5l 176, Sept. 30, 1996] § 583.230 Environmental review. (a) Activities under this part are subject to HUll environmental regulations in part 58 of this title, except that HUD will perform an environmental review in accordance with part SO of this title prior to its approval of any conditionally selected applications for Fiscal Year 20()n and prior years that were received directly from private nonprofit entities and governmental entities with special or limited purpose powers. For activities under a grant that generally would be subject to review under part 58, HUD may make a finding in accordance with § 58.11(d) and may itself perform the environmental review under the provisions of part 50 of this title if the recipient objects in writing to the responsible entity's performing the review under part 58. Irrespective of whether the responsible entity in accord with part 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 cary 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 HLTD approval of the property. HUD will no[ release grant funds if [he recipient or any other party commits grant funds (i.e., incurs any costs or expenditures to be paid or reimbursed with such funds) before the recipient submits and HUD approves its RROF (where such submission is required). [68 FR 56131, Sept. 29, 2003] § 583.235 Renewal grants. (a) General. Grants made under this part, and grants made under subtitles C and D (the Supportive Housing Demonstration and SAFAH, respectively) of the Stewart B. McKinney Homeless Assistance Ac[ as in effect before October 28, 1992, may be renewed on a noncompetitive basis to continue ongoing leasing, operations, and supportive services for additional years beyond the initial funding period. To be considered for renewal funding for leasing, operating costs, or supportive services, recipients must submit a request for such funding in the form specified by HUD, must meet [he 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 [he actual operating and leasing costs in the final year of the initial funding period; (2) Up to the amount of HUD assistance for supportive services in the final year of the initial funding period; and (3) An allowance for cost increases. {c) HUD review. (1) HUD will review the request for renewal and will evaluate the recipient's performance in previous yeazs against the plans and 56 goals established in the initial application for assistance, as amended. HUD will approve the request for renewal unless the recipient proposes to serve a population that is not homeless, or the recipient has not shown adequate progress as evidenced by an unacceptably slow expenditure of funds, or the recipient has been unsuccessful in assisting participants in achieving and maintaining independent living, in determining the recipient's success in assisting participants to achieve and maintain independent living, consideration will be given to the level and type of problems of participants. For recipients with a poor 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 Hl1D's decision to approve a renewal request include the following: a continuing history of inadequate financial management accounting practices, indications of mismanagement on the part of the recipient, a drastic reduction in the population served by the recipient, program changes made by the recipient without prior HUD approval, and loss of project site. (2) HUD reserves the right to reject a request from any organization with an outstanding obligation to HUD [hat is in arrears or for which a payment schedule has not been agreed to, or whose response to an audit finding is overdue or unsatisfactory. (3) HUD will notify the recipient in writing that the request has been approved or disapproved. (Approved by the Office of Management and Budget under control number 2506-0112) Subpart D-Program Requirements § 583.300 General operation. (a) State and Ioca! requirements. Each recipient of assistance under this par[ 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) Hnbitabiliry standards. Except for such vaziations as are proposed by the recipient and approved by HUD, supportive housing must meet the following requirements: (1) Structure oral materials. The Stmctures 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 other private properties. Structures must provide alternate means of egress in case of fire. (3) Space ar:d 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. Stmctures must be free of pollutants in the air at levels that threaten the health of residents. (5) ti'ater supply. The water supply must be free from contamination. (6) Sanitary facilities. Residents must have access to sufficient sanitary facilities that are in proper operating condition, may be used in privacy, and are adequate for personal cleanliness and [he disposal of human waste. (7) Thermal em~ironrnent. The housing must have adequate heating and/or cooling facilities in proper operating condition. (8)1lfumination and electricity. The housing must have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of residents. Sufficient electrical sources must be provided to permit use of essential electrical appliances while assuring safety from fire. (9) Food preparation and refuse disposal. All food preparation areas must contain suitable space and equipment to store, prepare, and serve food in a sanitary manner. (10) Sanitary condition. The housing and any equipment must be maintained in sanitary condition. (11) Fire safety. (i) Each unit must include at least one battery-operated or hard-wired smoke detector, in proper working condition, on each occupied level of the unit. Smoke detectors must be located, to the extent practicable, in a hallway adjacent to a bedroom. If the unit is occupied by hearing- impaired persons, smoke detectors must have an alarm system designed for hearing-impaired persons in each bedroom occupied by a hearing-impaired person. (ii) The public areas of all housing must be equipped with a sufficient number, but not less than one for each area, of battery-operated or hard-wired smoke detectors. Public areas include, but are not limited to, laundry rooms, community rooms, day care centers, hallways, stairwells, and other common areas. (c) Meals. Each recipient of assistance under this part who provides supportive housing for homeless 57 persons with disabilities must provide meals or meal preparation facilities for residents. (d) Ongoing assessment of supportive services. Each recipient of assistance under this part must conduct xn 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) Residential supervision. Each recipient of assistance under this pan must provide residential supervision as necessary [o facilitate the adequate provision of supportive services to [he residents of [he housing throughout the term of the commitment to operate supportive housing. Residential supervision may include the employment of a full- or part-time residential supervisor with sufficient knowledge to provide or to supervise the provision of supportive services to the residents. (f) Participation of homeless persons. (1) Each recipient must provide for [he participation of homeless persons as required in section 426(g) of the McKinney Act (42 U.S.C. 11386(g)). This requirement is waived if an applicant is unable to meet it and presents a plan for HUD approval to otherwise 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 [o race, ethnicity, gender, and disability status data) that HUD may require within the timeframe required. (h) Conf~derrtialiry. 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; attd (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 participant the recipient must provide a formal process that recognizes the rights of individuals receiving assistance to due process of law. This process, at a minimum, must consist of: (I) Written notice to [he 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 [hat person) who made or approved the termination decision; and (3) Protnpt written notice of the final decision to the participant. (j) Lirnitation 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 [he recipient must be approved as appropriate by HLJD 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, Maz. 15, 1993, as amended at 59 FR 36892, July I9, 1994; 61 FR 51176, Sept. 30, 1996] § 583.305 Term of commitment; repayment of grants; prevention of undue benefits. (a) Term of commitment arui conversion. Recipients must agree to operate the housing or provide supportive services in accordance with [his part and with sections 423 (b)(I) and (b)(3) of the McKinney Act {42 LJ.S.C. 11383(b){1), 11383(b)(3)). (b) Repayment of grant and prevention of undue benefits. In accordance with section 423(c) of the 58 McKinney Act (42 U.S.C. 11383(c)). Hl iD will require recipients to repay the grant unless IfiJD has authorized conversion of the project under section 423(6)(3) of the McKinney Act (42 U.S.C. 11383{b)(3)). i61 FR 51176, Scpt. 30, 1996] § 583310 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) Relocatiat assistance for displaced persons. A displaced person (defined in paragraph (f) of this section) must be provided relocation assistance a[ 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) Rea( praperty acquisition requirements The acquisition of real property for supportive housing is subject to the URA and the requirements described in 49 CFR part 24, subpart B. (d) Responsibility of recipient. (1) The recipient must certify (i.e., provide assurance of compliance) that it will comply with the URA, the regulations at 49 CFR part 24, and the requirements of this section, and must ensure such compliance notwithstanding any third party's contractual obligation to the recipient to comply with these provisions. (2) The cost of required relocation assistance is an eligible project cost in the same manner and to the same extent as other project costs. Such costs also may be paid for with local public funds or funds available from other sources. (3) The recipient must maintain records in sufficient detail to demonstrate compliance with provisions of this section. (e) Appeals, A person who disagrees with [he recipient's determination conceming 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. Atow-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 HLJD field office. (f) Definition of displaced person. (1) For purposes of this section, the term "displaced person" means a person (family, individual, business, nonprofit organization, or farm) that tnoves from real property, or moves personal property from real property petmanently 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 [he 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 HIJD the application or application amendment designating the project site. (ii) Any person, including a person who moves before the date described in paragraph (f)(t)(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 m»t who moves permanently from the buildinglcomplex on or after [he date of the "initiation of negotiations" (see paragraph (g) of this section) if [he move occurs before the tenant has been provided written notice offering him or her the opportunity to lease and occupy a suitable, decent, safe and sanitary dwelling in the same building) complex, under reasonable terms and conditions, upon completion of the project. Such reasonable terms and conditions must include a monthly rent and estimated average monthly utility costs that do not exceed the greater of: (A) The tenant's monthly rent before the initiation of negotiations and estimated average utility costs, or (B) 30 percent of gross household income. If 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 rent increases will be modest. (iv) A tenant of a dwelling who is required [o 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 no[ reasonable. , 59 (v) A tenant of a dwelling who moves from the building/complex permanently after he or she has been required [o move to another unit in the same building complex, if either: (A) The tenant is not offered reimbursement for al] 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 [he lease or occupancy agreement, violation of applicable Federal, State, or local or tribal law, or other good cause, and HUD determines that the eviction was not undertaken for the purpose of evading [he obligation to provide relocation assistance; (ii) The person moved into the property after the submission of the application and, before signing a lease and commencing occupancy, was provided written notice of the project, its possible impact on the person (e.g., the person may be displaced, temporarily relocated, or suffer a rent increase) and the fact that the person would not qualify as a "displaced person" (or for any assistance provided under this section), if the project is approved; (iii) The person is ineligible under 49 CFR 24.2(g)(2); or (iv) HUD determines that the person was not displaced as a direct result of acquisition, rehabilitation, or demolition for the project. (3) The recipient may request, at any time, HUD's determination of whether a displacement is or would be covered under this section. (g) Definition of initiation of negotiations. For purposes of determining the formula for computing the replacement housing assistance to be provided 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 ofproject. 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 [hat are integrally related, each essential to the others, are considered a single project, whether or not all component activities receive assistance under this part. [58 FR 13871, Mar. 1.5, 1993. as amended at 59 FR 36892, July 19, 1994] § 583.315 Resident rent. (a) Calculntion of resident rent. Each resident of supportive housing may be required to pay as rent an amount determined by the recipient which may not exceed the highest of: (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, fire calculation of [he 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, [he portion of the payment that is designated for housing costs. (b) Use of rent. Resident rent may be used in [he 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. [n addition to resident rent, recipients may charge residents reasonable fees for services not paid with gran[ funds. 158 FR 13871, Mar. I5, 1993, as amended at 59 FR 36892, July 19, 1994; 66 FR G225, Jan. 19, 21701) § 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 w, ithin 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. (l) A recipient may obtain ownership or control of a suitable site different from [he 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) It 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. [f the recipient is unable to demonstrate to HUD that it is ahle 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. § 583.325 Nondiscrimination and equal opportunity requirements. (a) General. Notwithstanding [he pemvssibility of proposals that serve designated populations of disabled homeless persons, recipients serving a designated population of disabled homeless persons aze required, within [he designated population, [o comply with these requirements For nondiscrimination on the basis of race, color, religion, sex, national origin, age, familial status, and disability. (b) Nondiserimination 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)1f the procedures that the recipient intends to use to make known the availability of the supportive housing are unlikely [o reach persons of any particular race, color, religion, sex, age, national origin, familial status, or handicap who may qualify for admission to the housing, the recipient must establish additional procedures that will ensure that such persons can obtain information concerning availability of the housing. (2) The recipient must adopt procedures to make available information on the existence and locations of facilities and services that are accessible to persons with a handicap and maintain evidence of implementation of the procedures. (d) Accessibility requirements. The recipient must comply with the new construction accessibility requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of 1973, and the reasonable accommodation and rehabilitation accessibility requiremrents of section 504 as follows: (1) Alt 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(x). Other rehabilitation must meet the requirements of 24 CFR 8.23(b). [58 FR 13871, Mar. I5, 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 requiren~nts set forth in 24 CFR part 5, use of assistance provided under this pan must comply with the following Federal requirements: (a) Flood insurance. (])The Flood Disaster Protection Act of 1973 (42 U.S.C 4001-4128) prohibits the approval of applications for assistance for acquisition or construction (including rehabilitation) for supportive housing located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless: (i) The community in which the azea is situated is participating in the National Flood Insurance Program (see 44 CFR parts 59 through 79), or less than a year has passed since FEMA notification regarding such hazards; and (ii) Flood insurance is obtained as a condition of approval of the application. 61 (2) Applicants with supportive housing located in an area identified by FEMA as having special flood hazards and receiving assistance for acquisition or construction (including rehabilitation) are responsible for assuring that Flood insurance under the National Flood Insurance Program is obtained and maintained. (b) The Coastal Barrier Resources Act of 1982 (16 U.S.C. 3501 et seq.) may apply to proposals under this part, depending on the assistance requested. (c) Applicability of OMB Circulars. The policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles Applicable 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 govemmental entities, and OMB Circular Nos. A-110 (Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations) and A-122 (Cost Principles Applicable to Grants, Contracts and Other Agreements with Nonprofit Institutions) apply to the acceptance and use of assistance by private nonprofit organizations, except where inconsistent with the provisions of the McKinney Act, other Federal statutes, or [his 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.4821~846),the Residential Lead- Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851856), 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. (7) In addition to the conflict of interest requirements in 24 CFR part 85, no person who is an employee, agent, consultant, officer, or elected or appointed official of the recipient and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position [o participate in a decisionmaking process or gain inside information with regard [o such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. Participation by homeless individuals who also are participants under the program in policy or decisionmaking under § 583.3(10(f) does not constitute & 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 [he 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 no[ violate Slate or local law. (3) In determining whether to grant a requested exception after the recipient has satisfactorily met the requirement of paragraph (e)(2) of this section, HUD will consider the cumulative effect of the following factors, where applicable: (i) Whether [he 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)(I) of this section; (v) Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (vi) Any other relevant considerations. (t) Audit. The financial management systems used by recipients under this program must provide for audits in accordance with 24 CF1t pan 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 NR 13871. Mar. I5, 1993, as amended at 61 FR 5211, Feb. 9, 1996; 64 FR 50226. Sept. 15, 1999] Subpart E-Administration § 883.400 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 HIID approval. Significant changes include, but are not limited to, a change in the recipient, a change in the project site, additions or deletions in the types of activities listed in § 583.1110 of this part approved fvr 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) Documentation of other changes. Any changes to an approved program that do not require prior HUD approval must be fully documented in [he recipient's records. [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 51176, Sept. 30, ]996] § 583.410 Obligation and deobligation of funds. (a) Obligation 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) Deobllgation. (1) HUD may deobligate all or parts of grants for acquisition, rehabilitation, acquisition and rehabilitation, or new construction: (i) If the actual total cost of acquisition, rehabilitation, acquisition and rehabilitation, or new construction is less than the total cvst 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) Hi1D 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 set forth in detail other circumstances under which funds may be deobligated, and other sanctions may be imposed. (4) HUD may: (i) Readvertise the availability of funds that have been deobligated under this section in a notice of fund availability under § 583.200, or (ii) Award deobligated funds to applications previously submitted in response to the most recently published notice of fund availability, and in accordance with subpart C of this par[. 63 ,,~~,~,, ThF Salva6in Army, a Georgia Corporation -"~x`= Project Bridge far Singles DONS -iU5-103-7950 .~,~ Section I: Project Summary Information Part A: General Project Information (All Pro'rcts) ~--- _ -- €~' 1. Project Priority Number (From Project Priorip~ Chan ~ Previous Grant Number: 2. ~ New Project If renewal: list I in Exhibi[I previous grant number "fX59B601.007 ---- S: project identitier ~ ^ Check box if ro'ect is a p J ~I ~ number (PIN'): PIN Number: ~ Renewal Project , ' #1 Priority Samaritan Bonus i X550.39 Project 4. HUD-Defined CoC Name: ~ ~ ~ ~ ~ 5 CoC Number - Corpus Christi/Nueces County CeC ________ __~ 6 ' TX-50I Applicant s Organization Name (Legal Name from SF-424) ~ _ 8. Applicant's GINS Number , The City of Corpus Christi _ _ __ _ ~ (From SF-424): I 7. -Check box if Applicant is a Faith-Based Organization 0694457786 ~ Check box if Applicant has ever received a federal gran[, either directly from _ a federal agency or through a sta[eilocal a eta~_ 9. Project Applicant's Address (From SF-424} 10. Applicant's Employer - Street: 1201 Leopard S[. U C i Identification Number (EIN) (Frorn ty: orpus Christi _ State: Texas 7_i 78401 ~_ SF-424 ):74-6000574 ___._____ I L Contact person of Project Applicant: (From SF-424) -----' Name: Rudy L. Bentancourt, MPA Phone number: 361-836-3021 12. ^ Check box if project Title: Program Manager Fax number: 361-844-1740 Applicant is the same as Project Communi Develo ment De artment Email Address: rudyhricctexas.com Sponsor i 13. Project Name: Project Bridge for Singles 14. Project's location 6-digit Geographic Code: 489355 i 481206 15. Project Address (S+C SRAs, if multiple sites list all addresses includin g) Street 501 Josephine 18. ~ Check box it Energy Starts f Corpus Christi St t T Zi used in this ro ect ~-- ~~----- ~ a e: exas p: 78401 116. ^ Check box if project is located in a Rural Area 1 19 Pro_lect Congressional Dist; ict(s):' " j ~ 17. [f project contains housing units, are these units: ^ heased? l~ Owned'? _ :: 20 Pro)ecl S onsor's O i ti N f fX-27 _ p rgan za on ame (I different from ApplicanQ _ ' The Salv ti A 22. Sponsor's DUNS Number. a on rm , a Geor is Co oration _ j 21 OS-103-7950 , Check box if Project Sponsor is a Faith-Based Organization ~ ~,. Check box if Project Sponsor has ever received a tederal grant either i ... ': , _ directly from a federal agency or throw h a state%local agency, ~ __ 23. Project Sponsor's Address (if different from Applicant) 1 __ 24. Sponsor's Employer Street: 521 Josephine I Crt Corpus Christi State: Texas Zi 78401 Identification Number (EIN): ^- p ... _ L a8-0660607 _ Name: Captain MichaelrMorton onsor (rr uttterent tro Phonernu bee: 361-884-4497 i Title: Corp Officer Fax number: 361-884-7522 ~ - E-mail Address: michael morton(n',uss.salvationann ~.or> _ -J 1.0 llte'Salvation Army. a Georgia Corporation ~"~'? Project Bridle for Singles . llUNS a0~-10?-~'IJO .~ Part B: Project Summan' Budget ` B1. Supportive Housing Program (5HP) (All SI IP Pto ects) _ - --.._..-_ .__~1 ___ a. ~~.SHI' Program c. Grant Term* (Check only one box) ! b. Component Types (Check only one box) I ~ ^ ^ ^ ^ Safe HavenlTH ~,` ^ ^ TH PH SSO HMIS ^ Safe Haven/PH I fear 2 Years 3 Years d. Proposed ~ e. 5HP Dollars i f. Cash Match '' g. Totals ~ SHP Activities Ttcquest ~ (Col. e + Col. f1 1. Acquisition ;' 0 U -- __ i - - _ -- ~ --r - - 0 - - 0 - 2. Rehabilitation I 3. New Construction - i _-.._ ~ - ---- -- 0 - 0 4. Subtotal ' 0 p 0 fines 1 throw h 3 5. Real Property Leasing 0 E>"F 3~*~ 1 0 I Prom Leasin Budget Chart _ ~_ _ ~'*~Y" r ~ ~ ~: ' 6. Supportive Services 16,800 4,200 21 000 From Supportive Services Budget Chart ~ ~ '~ , 7. Operations 105,480 35,160 140,640 -! . From Operating Budget Chart ~ 8 HMIS ----- ~_.. _ -~ --~- -. 0 _ __ O -l From HMIS Budget Chart 9. SHP Request (Subtotal lines 4 through H) 12~,~80 __ ______ __ ~ Total ~ Total Budget (Total SHP 10. Administrative Costs 6,114 Cash Match Request + Total (Up to 5% of line 9) Cash Match) i 11. Total SHP Request T t l li 9 128,394 39,360 , 167,754 ( o a nes and 10) "New projects must be 2 or 3 years, except new HMIS projects and new hold harmless reallocation projects, which can be 1, 2 or 3 years. B2. Shelter Plus Care (S+C) (All S+C Projects) Noi Applicable B3. Section 8 Single Room Occupancy (SRO) (All Section 8 SRO Projects Not Applicable Part C: Point in Time Housing and Participants Chart (Al] Projects Except Dedicated I-I,YIIS Project j 1. IfousingType* ! la.~Multi-family ~ fib. ^ Scattered Site Check all that a 1 ( PP Y) ^Sfingle-family ~ Project Based ' __ ~~CongregatcFacility a. Current ! b. New Effort or ! c. Projected 2. Units, Bedrooms, Beds ~ ],evel 'Change in Effort Level _ _____.. __ _ _____ ,_-(Point-in-Time ' __~Ap licable _ icolumn a + coi. b1_ ;. Number of Units 1 0 I j --- ~_ Number of Bedrooms __ _ _ ~ 0 5 form HI'D-40090-2 111/ ,«~_ S s?~'"" -- ----- Number of Sods --_ _- ___ ~ llre•S°Ivaticn Anne. a Georgia Corporation ' Prgject Bridee for Singles DIINS X05-103-7JS0 _ --- - - ~ - -- -~ ~ - 3. Participants - (I 0 ~° a. Nwnber of Households with De endent Children i. Number of adults p 0 ii. Number of children p 0 0 Iii. Number of disabled ersons p 0 0 0 b. Number of Households 2b 0 without De endent Children 28 i i. Number of disabled persons 2 0 ~ ti. Of all disabled persons. number I 0 ] of chronically homeless *Hnucino 'Pv~.,o~ ne•. b: a .... a.. -• ---- --......; ~ .............",~, ,,.,N,.,..~.,..~~~~,,, uuier ouuam~s wrth 1 or more units); Single-family; I ConQreRate Facility (donnitorp~, barracks, shared-livin~_ - - .___ Part D: Targeted Subpopulations (All Proiecis L•:xcent DedirarPri urvrrc ar,,;o,...., i 1. Homeless Sub o ulations ~ 2..4 roximate Percents es (% I Chronicall Homeless (as defined by HL?I)~ ~- --- Zp% ' Severely Mentall III - " __ _ ~~_'--------- - - ~S% __ ----~ Chronic Substance Abusers '-- ~----- -- 40 / ° i _ ------ -- Veterans o i _ _ _ - I` Persons with HIV/AIDS ___ 20% u~o~ ---- _ Victims of Domestic Violence _ ~o o '- -i __ I~ Unaccomnanied Vnuth i - ~ ~ j (Under 18 vears of ageL Part )J: Discharge Policy (Only State & Local Government Applicants) Not Applicable Part F: Project Leveraging Chart (All Projects) Type of Source of Identify Source as: Date of Value of j Contribution Contribution (C) Governmenf* Written ~ Written or (P) Private Commitment !Commitment I Mobile Canteen Volunteer Hours P 5/11/07 $9 000 ' Volunteers , Cash Match to Undesignated P Sll U07 ~ $39 360 this CoC rant rants & donations , I _ _ - __ __... _... ,........., ......pp. vp. ~mw uvuars. 'rU`CAL: $4.8,360 i Part G: Project Participation and Data Coverage in Homeless Management Information System (HIVIIS) (All Pro'ec~ is Eixce~t Dedicated HMIS Projects)- r- --- ___ ___ L [s 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 pro~;iding client level data to the 1IMIS? ,If not applicable, briefly explain. I (mtm'YYYY) b. If yes, is the client level data collected on all pers~,ons served by the project provided to the HMIS? L'y Yes ^ No i ~ form HUD-40090-2 ~ 1'he Salvation Army", a Georgia Corporation `"~ Project Bridge for Sineles Dt.TS r0_-103-7§50 Part H: Renewal Performance (All Renewal Projects) .Are there any unresolved HliD monitoring tmdings, or outstanding audit ~' 1. ^ Yes ~ No ~ findings related to this prPject? If "Yes," briefly describe. ,Are there any significant changes in the project since the last funding approval? !Check all that apply: ' ^ Number of persons served: from ____ _ to __ ^ Number of units: from __ to ____ I ^ Location of project sites. 2. ^ Yes ~, No '; ^ Line item or cost category budget changes more than ] 0%. ^ Change in target population. ' i ^ Change in project sponsor. ^ Change in component type. I ^ Other: ---- ----- ~ Please explain changes: i- H: Renewal Performance (Continued) (For all S+C, SHP-PH, SHY-TH SHP-Safe Haven, and SSO Renewals): Use information from the most recently submitted Annual Progress Report (APR} to answer ' ', questions 3, 4, and 5. If an APR. has not yet been submitted for this renewal project, please check the N/A box and ski these uestions. N/A 3. Permanent Housing (PH) Performance ('I'o be filled out by all SHP and S+C renewal j permanent housing projects, including both SHP-PII and SHP-Safe Haven permanent housing).: I Complete the fallowing chart using data based on the most recently submitted APR Questions ] 2(a) and 12(b): Not Applicable. i 4. Transitional Housing (1'H) Performance (To be filled out by all SHP renewal transitional housing projects, including both 5HP-TH and SHP-Safe Haven transitional housing). `. Complete the following chart using data based on the mostxecently submitted APR Question 14: a. _Number of participants who exited TIi project(s)-including unknown destination___ I 3l___ _ b. Number of participants who moved to PH-from any destination identified as perntanent housing 16 c. Of the number of participants who left T'H, what percentage moved to PFI? (b divided by a) x 100 = c Example: (14 / I8) x 100 = ?7J°%.~ 51.64io ', ' S, Supportive Sernces - b~amsh•eam Programs and Employment Chart (To be filled out by all S+C and SHP renewals, except dedicated HMIS projects) '.Based on responses to APR Question 11 complete. the following: I i Number of Adults Who Income Source i Number of Exiting ~ % with Income ' heft (Use the same .Adults with Each Source ~ at Ezit number of Income ~ (Col.3+Col. ] x 100) in each row 31 a SSI ---- I - ---- 3.23 ,,,,,- 31 L6. SSDI 3 9.68 -._ ~-_ ,.____ 31 c.__SocialSecmny_. ;. 1 i 323 3I ~ General Public Assistance p -- - ; ~- _31 e 1'ANP - - - --~ - -t--- a 0 0 -- 31 C SCHIP L__. - --i e. Veterans Benefits - n -~-- ° _-- ~ ~~ form HOD-40090-2 ~-i~ • "1-hey &tlvarian Arnry, a Georgia Corporatiun ' '~"'~ Project C3ridge tirr Singles Dlih'S x05-1P3-79$0 ~ h Em Flo ~me a Income -- - - - ---- --}= Y - --- 3 ' 74 E -- --- ;r"~ -~ t i Unem~lovment Benefiu ~ - ~~~ _._ - p -~--- - . ---_. - _- - _ _.---- - ~ ---- --~- I Veterans Health (' ue _ -__ -___- 0 . ~ 0 ~ __ __- 31 ~k \ledicud ~ -- ----- ---- - -- = --- ' b.45 ;I I Rwdtitunps __-_ --- --- --- II-_. _- . .__ __ -. 35._ 31 ~ m Other (please spectfi) ~ _.--- 0 ... _-- ---- -` 31 n. No Financial Resources ___.._ i. t b.. _..-. _.. _i_. _..-_- ~ ~ 1.6 -_. _--,. Section il: Project Budgets Part I: SHP Project Budgets (Al] SI1P Projects as ,Applicable] Il, SHP Leasing Budget (All SHP Projects with Leasing) Not Applicable. ~. I2. SHP Supportive Services Budget (All SI-IP Projects as Anolicablel f not spectfred, !!re costs wlll be removed from the hndgel. i **Totnl ojLine 14 must match line h, column e., nu the Frojec•t Summnq+ Budget. T he amount ojthe SNIP request entered must be no more Than RO percent ofthe Tntul Sunnnrtire Services L'nccc anrn.nd n.. r :.,., rs SHP Dollars Re nested Supportive Services Costs Y I ear Year 2 Year 3 Total !.Outreach -Quantity: 0.00 0.00 OAO OAO i 2. Case Management Quantity: Case Mana er .5 FTL 16,800.00 U.00 0.00 16,800.00 3. Life Skills (outside oT case management) Quanti 0 00 0.00 0.00 0.00 4. Alcohol and Drug Abuse Services -~ uantity: 0 0O Q00 0.00 0.00 5. Mental Health and Counseling Services Quantity: 0 00 0 00 0 00 0.00 i ', 6. HIV/AIDS Services Quanti 0.00 0.00 0.00 0.00 7. Health Related & Home Health Services ~ uanti ' 0.00 0.00 0.00 0.00 : S. Education and Instruction Quantity: Q,00 0,00 0.00 0.00 9. F.mplopment Services ~ Quantit 0.00 0.00 0.00 0.00 ~ 10. Child Care Quantih•: 0.00 0.00 0.00 0.00 11. Transportation Quantity: 0.00 0.00 0.00 j 0,00 12. Transitional Living Services Quanti 0.00 0.00 0.00 0.00 ' I l3. Other (must specify *j '. Quantii : 0.00 0.00 0.00 0.00 ~ 14. Total SHP dollars requested:** lines 1 to 13 16,800.00 0.00 0.00 16,800.00 */ 15.Total cash match to be spent on SKIP eli 'ble su ortive service activities: 4 200.00 0.00 0.00 4.200.00 '. 16. Total su ortive services costs: *** 21,000.00 0.00 0.00 21,000.00 • •.~ • ~•+., .,..pyv.+,vr oerv+ces ~ osrs meruaes me cash matca enlererl orr line / S, and tke SNP do/tars rege+esled nn'. line /4. The total o Line /6 must match /ine h, cnlunur g., nn the Yro ect Sunrmar~Bud~et_ ___ ~ 1 ~ form HUD-40090-: ~ The Salvauon•:1nnc. aGeorgia Corporation '""""'' Project Bridge for Singles Dl!Nti-,l!-103-.950 :Y?x'-. ,tom i1 C•«~tt n w..raa, v rcauuu nuu et All ]tll" YI'Q _____.___ ___ _.__. _. .__._.- __._... l'(,IS \~.~lln V EratIIl~ OS S _____. __.. .. _.._1=._ _ SAP Dollars Requested O eratin Costs fear ] Year 2 Year 3 Total 1. Maintenance/Repair _ 4,689.75 _ 0.00 _ 0.00 4.689.75 ', 2. Staff ($1.071.58 for 12 months 4 lodge monitors=.50 FTF.; 4 soc svc monitors +.25 1=TE; 1 cook + 1 FTE) 38.5,'6.75 0.00 0.00 38.576.71 ' 3. titilities 19,878.26 U.00 0.00 19.878.26 ~ 4. Equipment (lease/buv) 1 2,946.26 0.00 0.00 2,946?6 5. Supplies (For 12 months, $87056 per month) --~ 7.83>.00 -'- 0.00 0.00 7,835.00 6.Insurance I - 673.50 0.00 0.00 67350 ___ ~ 7. Furnishings (For 12 months, $1,406.61) ] 2,659.>0 0.00 0.00 12,659.50 8. Relocation Quantity: (number of persons} 0,0Q 0.00 Q00 0.00 9. Food (perishable/non-perishable, ii\r 14 months, $1,636.00 ermonth) 14,723.97 0.00 0.00 14,723.97 i 10a, Other Operatin Activi : *Printin 1,663.76 0.00 0.00 1,663.76 lOb.OtherAssoc. Employee Costs 1,000.00 0.00 0.00 1,000.00 lOc. Other Telephone/Postage 833.25 OAO 0.00 833.25 j 11. Total SHP Operating Dollars Re uested lines 1 to 10 : ** 105,480.00 0.00 0.00 105,480.00 ~ ~ •. ~. upc~r~mu, +ne cud/J x4a ae rl'rrrOVea,IrOni lrle nuagef. ' **Tola! of Line 11 must matcG fine 7 cntumn e., on the Prnjecr Summnrn Budget The amount njO:e SIfY request I emered must be rra more Oran 75 ereent n the 1'olnl O feratin ~ Cos'IS enterer! on Line 12. 12. Total cash match to be spent on SHP 35,160.00 0.00 0.00 35,160.00 eli ible o erations activities: 13. Total Operating Costs: *** 140,640.00 0.00 0.00 140,640.00 ~ *** The Total Operating Costs includes the cash match entered on Tine 12 and the SHP dollars requested on line -. 11. The total of Line 13 must match line 7, column g., on [hc Project Summary Budi;et. 14. SHP New Project Multiple titructures Budget (All New SHP Projects as Applicable) Not Applicable. IS. SAP AMIS Budget (All SHP Projects with HM1S Costs) Not Applicable. Part .1: 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. a . l ~ ~t fa,-m H(1D-40090-? 5 -~. The Sr °n Army, a Georgia Corporation Project Bridge for Singles DUNS i! :05_103-7950 THE SALVATION ARMY POLICY STATEMENT ON RELATIONSHIPS WITH OTHER GROUPS AND ORGANIZATIONS The Salvation Army in the United States works cooperatively with many groups -governmental, social service, civic, religious, business, humanitarian, educational, health, character building, and other groups - in the pursuit of its mission to preach the Christian Gospel and meet human need. Any agency, governmental or private, which enters into a contractual or cooperative relationship with The Salvation Army should be advised that: 1. The Salvation Army is an iutemational religivus and charitable movement, °~'" organized and operated on aquasi-military pattern, and is a branch of the Christian church. 2. Al] programs of The Salvation Army are administered by Salvation .Army Officers, who are ministers of the Gospel. 3. The motivation of the organization is love of God and a practical concern for the needs of humanity. 4. The Salvation Army's provision of food, shelter, health services, counseling, and other physical, social, emotional, psychological and spiritual aid, is given on the basis of need, available resources and established program policies. Organizations contracting and/or cooperating with The Salvation Army may be assured that because 'the Salvation Army is rooted in Christian compassion and is governed by Judeo-Christian ethics, The Salvation Army will strictly observe all provisions of its contracts and agreements. Commissioners Conference: May 1996 ,.wh. t ~ .... 1.J.O l~he Salvnriun Ann}~, a Ucorgia Corporation - ` ~~'"'~~aa.. Project Bridge for Singles nn*~s ~ns_u;;_~osn ~ c ~~ " a ., ~ - - 7 : m P u : .. ~ o c R ~ c • > j y = rs .cr ~ c ' w w m ~ ., , c a m a m .R. a m E ~~ lC s 10 e~ " 4{ ~ N ,Q{ y, 6 ~ U- R N 9 ~ R U N u T A N N < ~ r C L G O' 4' '~$ p ~ Y N _ ~ ~ V U N N C S 6` O C1 rn J ~ L y 4 V .O CO `O N 0 y P .'J ~j r p ~ E 0.y Ztl I.~c. ti ° m a 3 __ p ° u O p U l S rJ G a C ~: 44.. d r C L G ~~ ?~ N 4 C Q Q Q Q Q Q C Q Q_ Q Q Q Q Q Q Q u ~ u u ~ u ~ ~ ~& u u a ~ _ ~ u u o M 4 ~ a ~ # ~ N ~ N N ~ 'I° "M1. ~ O y S~' i, r ~ ~ v c 1 ?/ ~ ~ T N ~ E ~ E g r;; ` m $ o ^~ ' E u~ U ~ ~ ° o < o E E N ' c c n n >is s -;; 'u 'u wy. ..K.ioj, n c n ~ ~ N N ~ a ~ 0 = 0 0 2 t C a A ' y C O N '^ ~' a W c c c $ a a y ~ N u 'y ' 2 ik Z # 2 iR Z i! 2 it 2 iR Z Z Z Z Z Z 2 i. ~ m a W m a ^~ n ~ # it iF i! # # # # i! N N a a U m y O v c N W m c ~ ~ ~ U o L E v d ~ ~ ` E E Q c v T ~ ° ~ m _ r _ n cm E r0 C 4 y v 4 ~ C d c w E c E 8 lY > 4 ~ V m ~ ~ m c ~ ~ m = d d m N U Z E E a L C R A W ~ a y Z. F- ~ ` ~ C ~ ~ N Q 4 r m m ryt r N a d ~' C m E o `~ H r ro E +ri 0. x o. . ~o,sv~ c ~~~~~~ v ~ LL LL = S p " c O e a U s 1'v i ,,,,~„ ,a„aThe SOtvution Army. a Qeoreia Corporation - Project Bridee for Sir,elcs DUNS >`0~-103-795p Applicant/Recipient U.S. Department of Housing OMB Approval No. 2510-0011 (exp. 8l3i12C09) ._. and Urban Development sciosure/Update Report rnstructlons. {See Public Reporting Statement and Privacy Act Statement and detailed instructions on page 2.) ~pnGanUKBClplent InTOrmatiOn Indicate whether this is an Initial Report ^ or an Update Report X 1. Apphwnt/Recrprent Name. Address, and Phone (include area code): 2. Social Security Number or The Salvation Army, a Georgia Corporation Employer ID Number: P.O.Box 2507 580-66-0607 521 Josephine Corpus Christi, Texas 78401 (361-) 884-9497 3. Continuum of Care: Supportive Housing Program Requestetl/Received ~ 128, 394 s. state the name and location (street address, City antl Stale) of the project or activity: 501 Josephine Corpus Christi, Texas 78401 Part I Threshold Determinations 1. Are you applying for assistance for a specific project or activityl These terms do not include formula grants, such as public housing operating subsidy or CDBG block grants. (For fudher information see 24 CFR Sr 4.3). X Yes ~ No 2. Have you received or do you expect to receive assistance within the jurisdiction of the Depadment (HUD) ,involving the projeG or activity in this application, in excess of $200,000 during this fiscal year (Dct. 1 - Sep. 30)? For further information, see 24 CFR Sec. 4.9 _. _ ^ Yas 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 ai the end of the report. Part it Other Government Assistance Provided or Requested /Expected Sources and Use of Funds. Such assistance inGudes, but is not limited to, any grant, loan, subsidy, guarantee, insurance. Davment. credit. nr fax hr_nart pa menVState/LOCaIRgency Name and Address Type of Assistance Amount Re nested/Provided Expected Uses of the Funds .-- - , Mcya awaam y.r Part 111 Interested Parties. You must disclose: 1. Ail tlavelopers, contractors, 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 person who has a financial interest in the project or activity for which the assistance is sought that exceeds $50,000 or 10 percent of the assistance (whichever is lower}. Alphabetical list of all persons with a repodable financial interest Social Security No. Type of Participation in Financial Interest in in the ro act or activl For indivitluals, ive the fast name first or Em to ee ID No. Pro ecVActivi Pro ecVACirvi ($ antl ru...... ~r.... ...~:.:___, _____.._ ,.,..,, , yoyoa n rmr-caner y.r Certification blaming: If you knowingly make a false statement on this form, you may be subject to civil or criminal penalties under Section 1001 of Title 18 of the United States Code. In adtlifion, any person who knowingly and materially violates any required disclosures of information, including intentional non- disclosure, is subject to civil money penalty not to exceed $10,000 for each violation. I canify that this infomiaCon i=_ true and complete. .'t i:.!.i~ihd ;i"~;. SCE{;ICR .,..b itu6~-. ~ ~ r~g Form HUD-2880 (3/95j 1 ~_ EXHIBIT B INSURANCE REQUIREMENTS Subrecigient'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 I 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.B (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1)-7) are included or excluded. END 2007 - 2008 Continum of Care Service Grant Program Subrecipient Agreements ins. req. 4-29-08 ep Risk Mgmt. EXHIBIT C COC COMPLIANCE AFFIDAVIT STATE OF TEXAS § COUNTY OF NUECES § Date: ~~~ ~ 7~ no KNOW ALL BY THESE PRESENTS: Afflant: The Salvation Army, Corpus Christi Continuum of Care Grant Subrecipient Affiant, on oath, swears the following statements are true: I, Captain Michael Morton ,am the Corps Officer (title) pf The Salvation Army, Corpus Christi , a Texas nonprofit corporation, which has applied for and been awarded Continuum of Care ("COC") Grant Program funds administered by the City of Corpus Christi ("City"). Prior to the start of the project for which COC funds have been awarded, as the representative of the above- named subrecipient organization ("Subrecipient"), I met with City staff and received copies of the following Federal rules and regulations: OMB Circular A-102 24 CFR Part 1, .3, 5, 8, 24, 35, 45, 84, 85, 107, 135 and 146, as applicable OMB Circular A-110 24 CFR 583 OMB Circular A-122 41 CFR 60.1 and 60.4, as applicable OMB Circular A-133 By execution of this affidavit, I attest that I have received the above-listed Federal rules and regulations, City staff has explained the rules and regulations, and I understand the Subrecipient's obligations of performance under the rules and regulations. Furthermore, 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 Subrecipient must/ oJmply, in ac ordance with Federal laws. Signed: ~ rG~ ~L SWORN TO AND SUBSCRIBED ~prn ~ , 2ooa. ""° ~`R16 MARTU~z .~ ~ (S tary Pudic STATE OF TE7(AS +~~ +Ty ~~ My Canm. Exp. 72-06-2077 ~~~~ before me this the ~ day of No r~Publi ate of Texas ~~ 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: Tha Cal t' A ~ a ('Pnrg' ('~~nratinn P. O. Box: 2507 STREET ADDRESS: 521 Josephine St. CITY: orpus Christi ZIP: 78401 FIRM IS: 1. Corporation ~ 2. Partnership ^ 3. Sole Owner 4. Association ~ 5. Other ® Non-Profit Organization If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interesP' constituting 3% or more of the ownership in the above named "firm." Name 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 Title NA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interesC constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee NA 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 NA 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: 6'rILLIAM R.N. GOODIER Title: ~),~ SECRETF~RY Signature of Jl~fd ~ -f, Certifying Person: ~ i+'•'~- Date: Paan 1 of 7. DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non- profit organizations. d. "Official."The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." f. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Page 2 of 2 / ~._\ City Of Exhibit E ~~ Corpus c Christi ....~.. CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit with this a Standard Form-11, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. THE SALVATION M , CEORC-IA COP.POS~I~ION Signature WILLIAM R.N. GOODIEIi Print Name of Authorized Individual THE SALVATION ARMY, A GEORGIA CORPORATION i~~ ~~" ~y Date Organization Name ACORD CERTIFICATE OF LIABILITY INSURANCE °oi/2s zoos' PRODUCER Serial # 103498 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CHESTERFIELD INSURANCE AGENCY INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE , HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOX 237 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. GREEN, OHIO 44232-0237 INSURERS AFFORDING COVERAGE NAICA INSURED INSURER A: ZURICH AMERICAN INS. CO 16535 THE SALVATION ARMY, A GEORGIA CORP. INSURER B: THE SALVATION ARMY RISK TRUST 1424 NORTHEAST EXPRESSWAY INSURER C: THE SALVATION ARMY AGACORP. ATLANTA, GA 30329-2088 INSURER o: AMERICAN ZURICH INS. CO. 40142 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSB ADDL TYPE OF INSURANCE POLICY NUMBER POLICY FF CT1V POLICY E%PIRATI N LIMITS GENERAL LIABILITY URRENCE E AC H OC C $ 500000 X COMMERCIAL GENERALQABILfTV p T MM pp p C PREMI9ESOEa~rence $ SO0.000 C CLAIMS MADE QX occuR SELF INSURED 01/01/09 01/01/10 MED EXP (Myeneperson) a 5000 RETENTION PERSONALSADVINJURY a 500,000 GENERAL AGGREGATE $ SOO OOO GEN'L AGGREGATE UMR APPLIES PER: PRODUCTS-COMPlOP AGG $ SOO,000 POLICY PE~ LOC AUT OMOBILE LIABILITY COMBINED SINGLE UMIT $ X ANV AUTO BAP 9139858-02 01/01/09 Ol/Ol/10 (Ea xcidenl) A ALL OWNED AUTOS BODILY IWURV 000 $ 500 SCHEDULED AUTOS (Per person) , X HIRED AUTOS BODILY INJURY $ 1 000 000 X NON-0WNEO AUTOR (Par accident) , , PROPERTY DAMAGE IOO 000 (Perexitlenq $ , GARAGE LIABILRY AUTOONLV-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: qGG $ EXCESSNMBRELLA LIABILITY EACH OCCURRENCE § 2000000 X OCCUR ~CWMSMADE TRUST#1937850 01/01/09 01/01/10 AGGREGATE a 2000000 B $ DEDUCTIBLE $ X RETENRON a 500,000 § gg X TVR L MB ER WORKER'S COMPENSATION AND V I EMPLOYERS'LIABILITY IETOIVPARTNERrEXECURVE WC 9300999-07 O1/O1/O9 Ol/Ol/lO EL EACH ACCIDENT § 1000000 A ANV PROPR OFFICER/MEMBER EXCLUDEDT EL DISEASE-EA EMPLOYEE § 1000000 Ii Yyes tleudba under SPEGIIAL PROMSIONS below EL DISEASE-P000V UMR § 1 000.000 OTHER SELF INSURED C AUTO LIABILITY EXCESS RETENTION 01/01/09 01/01/10 $400,000 XS OF $100,000 DESCRIPTION OF OPEMTIONSILOCATIONS/VEHICLEB/EXCLUSIONS ADDED BY ENOORSEMENT/SPECIAI PROVISIONS THE SALVATION ARMY CORPUS CHRISTI TEXAS PROJECT BRIDGE SINGLES HUD - SHP FUNDING LISTED AS ADDITIONAL INSURED: CITY OF CORPUS CHRISTI BLANKET WAIVER OF SUBROGATION: CITY OF CORPUS CHRISTI 'CHANGED OR CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XdUEM151QX>14 MAIL 3O DAYS WRITTEN CITY OF CORPUS CHRISTI ~ C ATTN: ADMIN COMMUNITY DEVELOPMENT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, NIiIE.~ii1SI~~IS~0 E~0UG~ENAIMJ ( P.O. BOX 9277 9pXXB{X%XOtlp7tlt~00 9277 ST TEXAS D4~~ CORPUS CHRI I, 78469- AUTHORIZED REPRE~~BE//NTAT''VF~E..~` ~• /W/KGT(0/~ ACORD 25 (2001/08) ®ACORD CORPORATION 1988 C:\FMPRO\CERTPROS.FP5