HomeMy WebLinkAboutC2009-214 - 6/9/2009 - ApprovedCONTINUUM OF CARE GRANT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
CORPUS CHRISTI METRO MINISTRIES
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This agreement ("AgreemenY') is made and entered into by the City of Corpus Christi,
Texas home-rule municipal corporation ("City"), acting through its City Manager or the
City Manager's designee ("City Manager"), and Corpus Christi Metro Ministries, Inc.,
("SubrecipienY'), a nonprofit corporation organized under the laws of the State of
Texas.
WHEREAS, there being a genuine need for supportive housing services for persons
who are homeless and for appropriate facilities in which to provide the services in the
City of Corpus Christi;
WHEREAS, providing supportive housing services to persons who are homeless
promotes the public welfare, health, and safety;
WHEREAS, the City is desirous of providing appropriate supportive housing services to
persons who are homeless;
WHEREAS, appropriate supportive housing services include decent, safe, and sanitary
shelter and other services essential for achieving independent living;
WHEREAS, the Subrecipient is able and desirous of providing the appropriate
supportive housing services to persons who are homeless and in need of assistance in
order to improve the quality of their lives; and
WHEREAS, the City has allocated Continuum of Care Grant ("COC") funds in the
amount of $160,255 to the Subrecipient for assistance in providing supportive housing
services for the homeless.
NOW, THEREFORE, the City and the Subrecipient have severally and collectively
agreed and, by the execution of this Agreement, are bound to the mutual obligations,
performances, and accomplishment of the tasks described in this Agreement.
SECTION 1. CITY'S FUNDING OBLIGATIONS. The City agrees to:
1.1 Funding. Provide the Subrecipient not more than One Hundred Sixty Thousand
Two Hundred Fifty-five Dollars ($160,255) of COC funds on a reimbursement basis,
based on the stated services to be provided pursuant to the approved Application for
Federal Assistance. PIN number TX55062, a copy of which is incorporated by reference
2009-214 \greement as Exhibit A.
M2009-155
06/09/09
CC Metro Ministries
1.2 Reimbursement. Reimburse COC funds to the Subrecipient according to this
Agreement and as follows:
(A) Not more than $89,612 will be reimbursed to the Subrecipient for the provision
of essential supportive housing services to the homeless.
(B) Not more than $63,012 will be reimbursed to the Subrecipient for payment of
operating costs related to supplying supportive housing services for the homeless.
(C) Not more than one half of $7,631 will be reimbursed to the Subrecipient for the
provision of administrative costs related to supplying supportive housing services
for the homeless, with the City retaining the remainder for City-related contract
administration costs.
SECTION 2. SUBRECIPIENT'S FUNDING OBLIGATIONS. Subrecipient agrees to:
2.1 Matching Funds. Contribute and provide the following amount of cash as the
required COC grant funding match as shown in Exhibit A:
(A) Not less than $22,403 must be spent by the Subrecipient to provide essential
supportive housing services to the homeless.
(B) Not less than $21,004 must be spent by the Subrecipient to provide for the
operating costs related to supplying supportive housing services to the homeless.
(C) Not less than $1,500 must be spent by the Subrecipient to provide for HMIS costs
related to supplying supportive housing services to the homeless.
2.2 Staff and Administrative Support. Provide sufficient staff and administrative sup-
port to carry out the stated services, supervise the delivery of supportive housing ser-
vices to homeless persons, and provide supervision and oversight, by the Subreci-
pienYs Board of Directors, of professional services provided by the Subrecipient.
2.3 Services and Facilities. Provide services and utilize the facilities or buildings in
accordance with the Continuum of Care Grant Program regulations contained in the
United States Code of Federal Regulations ("CFR"), and including, but not limited to,
those federal requirements contained in Sections 5 and 6 of this Agreement.
2.4 Permits and Licensing. Obtain and maintain any permits, certificates, and licen-
ses that are required of the stated services and of the facility or the services offered
therein by the State of Texas and any other agencies having regulatory jurisdiction over
the facility or services.
2.5 Financial Records. Record financial transactions according to accrual accounting
procedures or develop such accrual information through analysis of the documentation
on hand and provide an independent audit for such expenditures upon request by the
City Manager or the Administrator of the City's Community Development Department
("CDD").
CCMM COC Agmt.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 on April 1, 2009, in accordance with the grant
cycle, provided the City's City Council has approved its execution, and terminates on
March 31, 2010.
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.
CCMM COC Agmt.doc Page 3 of 12
(C) All such communications must only be made to the following:
If to the Citv:
City of Corpus Christi
Attn: Admin., Community Dev.
P. O. Box 9277
Corpus Christi, Texas 78469-9277
(361) 826-3045 Office
(361) 844-1740 Fax
If to the Subrecioient:
Corpus Christi Metro Ministries, Inc.
Attn: Executive Director
1919 Leopard Street
Corpus Christi, Texas 78401
(361) 887-0151 Office
(361)887-7900 Fax
(D) Either party may change the address to which notice is sent by using a method set
out above. The 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 SubrecipienYs 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,
CCMM COC Agmt.doc Page 4 of 12
damages, /osses, 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 may be 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 agenfs ("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, /icensees, 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 ouf 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 sole negligence, contributory negligence, or con-
current negligence of Indemnitees, but not if such injury or dam-
age may result from gross negligence or willful misconduct of In-
demnitees.
(C) The Subrecipient covenants and agrees that, in case the City is
made a party to any litigation against the Subrecipient or in any
litigation commenced by any party other than the Subrecipient re-
lating to this Agreement, the Subrecipient shall, upon receipt of
reasonab/e 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 wit,fi legal counsel satisfactory to the City Attorney,
and pay all charges of attorneys and all other costs and expenses
CCMM COC Agmt.doc Page 5 of 12
of any kind whatsoever arising from any said claims, demands, ac-
tions, damages, /osses, costs, liabilities, expenses, or judgments.
(D) The indemnificafion provisions of this section survive the termina-
tion or expiration of this Agreement.
4.6 Subrecipient Contracts; Independent Contractor Status. In no event is the City
liable for any contracts made by the Subrecipient with any person, partnership, firm,
corporation, association, or governmental body. All of the services required by this
Agreement must be performed by the Subrecipient, or under its supervision. It is
agreed by the parties to this Agreement that the Subrecipient is an independent con-
tractor providing the services on behalf of the City and that the Subrecipient may not
incur any debts or obligations on behalf of the City.
SECTION 5. PROGRAM REQUIREMENTS
5.1 Matching Funds.
(A) The Subrecipient shall match the COC funding providing by the City with an amount
of cash funds from sources other than COC funds. These matching funds must be
provided after the date of the grant award to the Subrecipient and the execution of
this Agreement. Funds used to match a previous COC grant may not be used to
match a subsequent grant award under this Agreement.
(B) The Subrecipient shall request payment from the City on a cost-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 a three-year period from the date of execution of this
Agreement.
(B) Any building for which COC funds are used for the provision of essential supportive
housing services to the homeless or payment of maintenance, operation, insurance,
utility, or furnishing costs must be maintained as a shelter for the homeless for the
period during which such assistance is provided under this Agreement. A substitute
site or shelter may be used during this period so long as the same general
population is served. For purposes of this subsection, the term "same general
population" means either the same types of homeless persons originally served
with COC funds (i.e., battered spouses, runaway children, families, or mentally ill
individuals) or persons in the same geographic area.
(C) Using COC funds for developing and implementing homeless prevention services
does not trigger any period of use requirements.
CCMM COC Agmt.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 Vl 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,
CCMM COC AgmLdoc 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 SubrecipienYs 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 a decision-making process, or who may gain
inside information with regard to such activities may obtain a personal or financial inter-
est or benefit from the activity or have an interest in any contract, subcontract, or agree-
ment with respect thereto or business ties during his 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,
CCMM COC Agmt.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 a drug-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 (families, individuals, and farms) as a result of a
project assisted with COC funds.
SECTION 7. GENERAL PROVISIONS.
7.1 Validity. If, for any reason, any section, paragraph, subdivision, clause, phrase,
word, or provision of this Agreement is held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph, sub-
division, clause, phrase, word, or provision of this Agreement, for it is the definite intent
of the parties to this Agreement that every section, paragraph, subdivision, clause,
phrase, word, and provision of this Agreement be given full force and effect for its pur-
pose.
7.2 Jurisdiction and Venue. The laws of the State of Texas govern and are appli-
cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces
County, Texas, where this Agreement was entered into and must be performed.
7.3 Nonexclusive Services. Nothing in this Agreement may be construed as prohibi
ting the Subrecipient from entering into 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.
CCMM COC Agmtdoc ~ 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 SubrecipienYs compliance there-
with as required by law.
7.6 Disclosure of Interest. In compliance with Section 2-349 of the City's Code of
Ordinances, the Subrecipient shall complete the City's Disclosure of Interests form,
which is attached to this Agreement as Exhibit D, the contents of which, as a
completed form, are incorporated in this document by reference as if fully set out in this
Agreement.
7.7 Certification Regarding Lobbying. Subrecipient shall complete the Certification
Regarding Lobbying form, which is attached to this Agreement as Exhibit E, the con-
tents of which, as a completed form, are incorporated in this document by reference as
if fully set out in this Agreement.
(EXECUTION PAGES FOLLOW)
CCMM COC Agmldoc - Page 10 of 12
Executed in duplicate originals this ~~ day of t,~ , 2009.
ATTEST:
Armando Chapa
City Secretary
Approved as to form:
__~ 0 / `~/ ' 2009
`~T
~L///~C~~i , V~.. ~.1~1 A,NLt'~/,In
Elizab R. Hundley
Assist t City Attorney
for the City Attorney
ACKNOWLEDGMENT
~a ~ ~~~5 qUTHURIZtD
BT 80UNCIL..'~~
SECRefARY
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on ~ ~t iA 4 ~ , 2009, by
'Angel R. Escobar, City Manager of the City of Corpus Christi, a Texas municipal home-
rule corporation, on behalf of the corporation.
~y FqLLYHOUGHTON
y
~ ~ ~ MYCOMMISSIONEXPIRES
erpMroeru~zmz
Notary Public, tate of l as
CITY OF CORPUS CHRISTI
~
//'~~/~ G~G01/~
g~l R. Escobar
ity Manager
CCMM COC AgmLdoc Page 11 of 12
SUBRECIPIENT: CORPUS CHRISTI METRO MINISTRIES, INC.
/1.---~. ~( ~ '
Signature
06 ~ ~'/ zoJ9
Date
~2os~. c. P Zz;
Printed Name
G Eo ~ Ex.e,.,,, f~ .. c 1~, ~u,~+
Title
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
~ This ins u~nt was acknowledged before me on , 2009: b~ '
~ , ~ ~ , in his/her capacity as he ~.~~ ~k ~cl~,,w.~ vuC~,
of Corpus Christi MeN~iJMinistries, Inc., a Texas non-profit corporation, on behalf of the
corporation.
,,,,~~,,,, '~
;~e;.g'!y:;.,, LAURISA LYNN BAKLIK
_ ~ Notary Public, State of Texes
;y~,tor'4y,,s MyCommissionExpirea nJ0 Public, State Texas
%,,,,,,,,,,~" March 09, 2011
CCMM COC Agmt.doc Page 12 of 12
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Rcci~iient Citc of Corpus C:hristi
Addres.: P.O. Box ~7277, Corptts Chri~ti.'Ck 7844N-9277
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Prc~jcct Location:, 1F?19 Le~~pard StcecL Crnpu~ Christi. TX 7t+~169
2008 SLIPPORTIVE HOUSING PROGRAM
RENEVVAL GRANT AGREEMENT
This Grant Agreement is made by and behveen tlie United States Department of Housing
and Urban Development (HUD} and the Recipient, which is descrihed in section 1 of
Attachment A, at[ached hereto and made a part hereof.
The assistance which is the subject of this Grant Agreement is authorized by the
McKinnev-`'~nto Homeless Assistance Act 42 U.3.C. 11381 (hereafter "The AcP'). The term
"gra~iY' or "grant funds" means the assista~~ce pra~~ided under this Agreement. This gr~it
agreement will be govemed by the Act, the Supportive Housing rule codified at 24 CFR 583,
which is attached hereto and made a part hereof as Attachment B, and the Notice of Funding
Availability (NOFA) that was published in two parts. The fiist parl was the Policy Requiremeuts
and Gencral Section of the NUFA, which wus pubiished March 19, 2008 at 73 FR 14A82, and dtc
sewnd part ~vas the Contimuim of Care Homeless Assist~nce Programs NOFA Sectiai of the
NOF:A, w•hich was published 7uly 10, 2008 at 73 FR 39340. The term "Application" means tlie
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 auy grant awnrd conditions. The Application is incoiporated herein as part of this
Agreement, tiowever, in the event of conflict between the provisions of those documents and any
provision wntained herein, this Renewal Grant Agreement shall control. The Secretazy agrees,
subject to the terms of the Grant Agreement, to provide the grant funds in the amount specified at
section 2 of Attachment A for the approved project described in the Application. The Recipient
agrees, subject to the terms of the Grant Agreement, ro use the grant funds for eligible activities
during the grant term specified at section 3 of Attachment A.
The Recipient must provide a 25 percent cash match Por supportive services.
The Recipient agrees to comply with all requirements of this Geant Agreement and to
accept responsibility for such compliance by any enti[ies lo which it m:ilces grant 1'unds available.
The Recipient agrees to pa~ticipate in a local Homeless Management Information System
(HMIS) when implemented.
The Recipient and project sponsor, if any, will not knowingly allow illegal activities in
any unit assisted widi grant funds.
City of Corpus Christi
TX0023B6J010801
The Recipient ;i~rees to draw gra~~l tunds at Icas~ quarterly.
HUD notifications to the Recipient shall be to the address oC the Recipient as written
above, upless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to
the HUD Field OfCice executing the Grant Agreement. No right, benefit, or advantage of the
Recipient hereunder be assigned without prior wntten 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-]ncome Housing Tax Credit. The Recipient or
project sponsor shall be the general partncr of a limited paRnership formed for
that purpose. If grant funds were used for acquisition, rehabiiitation or
consvuction, then, throughout a period of twenty years from the date of initial
occupancy or the initial service provision, the Recipient or project sponsor sliall
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 twenry
years, but shall be for the term of the grant agreement and any renewal thereof.
Failure to comply with tl~e 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 RecipienPs duty to provide the supportive housing for the
minimum term in accordance with the requirements of Attachment A, noncompliance with the
Act or Attachment A provisions, any other material breach of die 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 [o 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
activiEies; or
(b) issue a letter of waming 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 Ihat assigns
responsibilities for carrying out remedial actions; or
City of Corpus Christi
TX0023B6J010801
(d) direct the Recipient to suspend, discontinae or uot incur costs for the affected
activity; or
(e) reduce or recapture ttae grant; or
( fl direct the Recipient to reimburse the program accounts for costs inappropriately
charged to the program; or
(g) continue the grant with a substitcite 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
Gra~u Agreement shalt impair uny such right c~r remedy oe- constituie a waiver or acquieseence 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 accorda~~ce with the
requirements of the Grant Agreement.
This Grant Agreement constitutes the entire agreement between the parties hereto, and
may be amended only in writing executed by HUD and the Recipient. More specifically, the
Recipient shall not change recipients, location, services, or population to be served nor shift
more than 10 percent of funds from one approved type of eligible activity to another, or make
any other signi6cant change, without the prior written approvul of HUD.
City of Corpus Christi
TX0023B6J010801
51GNATURES
This Gram Agreement is hereby executed as fol(ows:
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
BY~ ;, \l~''C~-~~ ~~ APk i 5 CUQ~
.,~
Signature an ate
Richard L. L.o~ez
Print name of signatory
Field Office Director
Title
RECIPIENT
Citv of Corpus Christi
Name of Organization
By:
and Date
Aneel R Escobar
Print name of signatory
City Mana~er
Titte
City of Corpus Christi
TX0023B6J010801
ATTACHMENT A
1. The Recipient is die Ci~y of Corpus Christi.
2. HUD's total fund obligation for this project is $ 160?55 00 , which shall be
allocated as follows
a. Leasing $
b. Supportive services $ 89,612.(~
c. Operating costs $ 63,012.(~
d. HMIS $
e. Administration $ 7,631.00
A-though this agreement will become effective only upon the execution hereof by
both parties, upon ezecution, ihe term of this agreement shall run from the end of d~e
Recipient's final opcrating yeaz under the original Grant Agreement or, if the origi~al
Grant Agreement was amended to extend its term, the term of this agreement shall
run from the end of the eztension of the original Grant Agreement term for a~eriod
of one ~az . Eligible costs, as defined by the Act and Attachment B, incurred
between the end of RecipienPs final operating year under the originnl Grant
Agreement, or extension thereof, and the execution of this Renewal Grant Agreemen[
may be paid with funds from the first operating year o( this Renewal Grant.
City of Corpus Christi
TXb023B6J010801
ATTACHMENT B
24 CFR part 583
PART 583-SUPPORTIVE HOUSING PROGRAM
Subpart A-General
Sec
583.I Purpose and scape
583.5 Definitions
Subpart B-Assistxnce Provided
583.1 W Types and uses of a.ssisiance
SS3.105 Grants for acquisition and rehabilitation
583.1 IO Grants for new construction
SS3.I15 Grantsforleasing
583.120 Grants for supportive service costs
583.125 Grants for operating costs
583.130 Commi[ment of gran[ amounts for leasing, supportive services, and opera[ing costs
583.13_5 Administra[ive cosls
583.140 Technical assistance
583.145 Matching requirements
583.I50 Limitations on use of assistance
583.155 Consolidated plan
Subpart C-Application and Grant Award Process
583.200 Application and grant award
583.230 Environmental review
583.235 Renewal grants
5ubpart D-Progrnm Requirements
,583.300 Genera! operation
583.305 Term of commitment; repayment of grants; prevention of undue benefits
583.3 t0 Dispiacement, relocation, and acquisition
583.315 Resident rent
583.320 Site control
583.325 Nondiserimination and equal opportunity requirements
583.330 Applicabiliry of other Federal requirements
Subpart E-Administration
583.400 Grant agreement
583.405 Program changes
583.410 Obligation and deobligation of funds.
AUTHORTCY; 42 U.S.C. 11389 and 3535(d)
City of Corpus Christi
TX0023B6J070801
SOURCE: 58 FR 13871. Mar. 15. ~y93, unless otherwise noted
Subpart A-General
§ 583.1 Yurpose and scope.
(a) Generul. The Supportive Housing
Program is authorized by tiNe IV of the Srewart
B. McKinney Homaless Assistance Act (the
McKianey Acp (42 U.S.C. I 13B1-] 13A9). The
Supponive Housing program is designed to
promote the development of supportive housing
and supportive services, including innovative
approaches to assist homeless persons in the
transition from homelessness, and to promote
the provision of supportive housing to homeless
persons ro enabie them to live as independently
as possible.
(b) Canponents. Funds under this patt
may be used for:
(1) Transitional housin~ to facilitate the
movement of fiomeless individuais and families
to permanent housing;
(2) Permanent housing that provides
iong-term housing for homeless persons with
diSabilities;
(3) Housing that is, or is part of, a
particularly innovative project for, or aitemative
methods of, meeting the immediate and long-
term needs of homeless persons; or
(4) Supportive services for homeless
persons not provided in conjunetion with
supportive housing.
[58 FR 13871, Mar, I5, I993, as amended at 61
FR 51 175, Sept. 30, 1996J
~ 583.5 Definitions
As used in this part: Applicaru is defined
in section 422( I j of the McKinney Ac[ (42
U.S.C 11382( I p. For purposes of this
definition, governmentat entities include those
that have general governmental powers (such as
a city or counry), as well as those that have
limited or special powers (such as public
housing agencies).
Consolidated p(un means the plan that a
jurisdiction prepares and submits [o HUD in
accordance with 24 CFR part 91. ,
Date of initial nccupnncy means lhe 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 oJinirial
orcupuncy is the date that services are first
provided to the residents of supportive housing
with funding under this part.
Date of tnrtrat servree provision means
the date that supportive services are initially
provided with funds under this part to homeless
persons who do not reside in supponive houcing.
This definition applies only to projects funded
under this paA that do not prnvide supportive
housing.
Disubilary is defined in section 422(2) of
the McKinney Act (42 U.S.C 11382(2p.
Homeless person means an individual or
famity that is described in section 103 of the
McKinney Act (42 U.S.C I 1302).
Merropolitan city is defined in section
102(a)(4) of the Housing and Community
Development Act oC 1974 (42 U.S.C
5302(a)(4)). In general, metropolitan cities are
those cities that are eligible for an entitlement
grant under 24 CFR part 570, subpart D.
New constrrrctro~: means the building of
a strucmre where no~e existed or an addition to
an existing strucwre tfiat increases the floor area
by more than 100 percent.
Operating casts is defined in section
422(5) of the MeKinney Act (42 U.S.C
11382(5)).
Outpatient health services is defined in
section 422(6) of the McKinney Act (42 U.S.C.
I 1382(6)).
Permm~ent housing for home(ess
persons wi[h di.rabilities is defined in section
424(c) of the McKinney Act (42 U.S.C
11384(c)).
Private nonprof+r organization is
defined in section 422(7) (A), (B), and (D) of the
McKinney Act (42 U.S.C. 1 1382(7) (A), (B),
and (Dp. The organization must also have a
City of Corpus Christi
TX0023B6J010801
functioning accounting system that is operatcd
in accordance with gencratly accepted
accounting principles, or designate an entity that
will main[ain a functioning accounting system
for the organization in accordance with
generaily accepted accounting principles
Projerr is defined in sections 422(8) and
424(d) of the McKinney Act (42 U.S.C.
11382(81, I 1384(d?)~
Recipient is defined in section 422(9) of
the MeKinne~y Act (42 U.S.C. I 1382(9)).
Rehahrlilatrar means the improvement or repair
of an existing s[rueture or an addition to an
existing structure that dces not increase the 17oor
are~ by more than 100 percent. Rehabilitation
does not include minor or rou[ine repairs.
Stute is defined in seetion 422(11) of ihe
McKinney Act (42 U.S.C. 11382( I I)).
Snpportive ho~esing is defined in section 424(a)
of the McKinney Aet (42 U.S.C. ] 1384~a)).
Supportive services is defined in sectian
425 ofche MeKinney Act(42 U.S.C 11385},
Transitro~aal Iroi~sing is defined in
section 424(b) of the McKinney Act (42 U.S.C.
I 1384(b}). See also § 583300(j),
Tribe is defined in sertion 102 of ihe
Housing and Community Development Act of
1974 (42 U.S.C. 5302).
Urban counry is defined in section
102(a)(6) of the Housing and Community
Development Act of 1974 (42 U.S.C
5302(a)(6)). In genaral, urban counties are those
counties that are eligeble for an entitlement grant
under 24 CFR part 570, subpart D,
(61 FR 51175, Sept. 30, 1996~
Subpart B-Assistance Provided
$ 583.100 Types and uses of assistance.
(a) Grant assistance. Assistance in the
form of grants is available for acquisition of
strucwres, rehabilitation of structures,
acquisition and rehabilitation of structures, new
constroction, leasing, operating wsts for
supportive housing, and supportive services, as
described in §§ 583.705 through Sg3.125.
Applicants may appty for more than one type of
assis[ance.
(b) U,res of grturt assistmrce. Grant
assistance may be used to:
( I) Establish new supportive housing
facilities or aew facilities to provide supponive
services;
(2) Expand existing faciliues in order to
increase the number of homeless persons served;
(3) Bring existing facilities up to a level
that maets State and local government heaith and
safety standards;.
(4) Provide additional supportive
scrvices for residents of supportive housiag or
for homeless persons not residing in supportive
housing;
(5) Purchase HUD-owned single family
propenies curcenNy leased by the applicant for
use as a homeless Facility under 24 CFR part
291; and
(6) Continue funding supportive housing
wherc the mcipient has received funding under
this part for leasing, supportive services, or
operating costs.
(c) Stn~eture.c nsed for multiple purposes
S[ructures used to provide supportive housing or
supponive services may also be used for other
parposes, except that assistance under this part
will be available only in proportion to the use of
the structure for supportive housing or
supportive services.
(d) Technical us.sistance. HUD may
offer technical assistance, as described in §
5$3.140.
[58 FR 13871, Mar. 15, 1993, as amer+ded at S9
FR 36891, July 19, 1994~
§ 583.105 Grants for acquisiHon and
rehabilitation.
(a) Use. HUD will grant funds to
recipients to:
( I) Pay a portion of the cast of the
acquisition of real property selected by the
recipients for use in [he provision of supportive
housing or suppoRive services, including the
repayment of any outstanding debt on a(oan
made to purchase property that has not been
used previously as supportive housing or for
suppottive services;
City of Corpus Christi
TX0023B6J010801
(2) Pay a portion of the cost of
rehabilitation of structures, including cost
effcctive 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) oC this
secdon.
(b) Amount. The maximum grant
available for acquisition, rehabilitation, or
acquisition and rehabilitation is the lower of:
(1) $200.000; or
(2) The [otal eost of the acquisition,
rchabilitation, or ncqeisition and rehabilita[ion
minus the applicanPs conVibution toward the
COS(.
(e) Inrreased umounts. In areas
determined by HUD to have high acquisition
and rehabilitation costs, grants of more than
$200,000, bu[ not more than $400,000, may be
available.
§ 583.110 Granfs for new wnstruction.
(a) U.se. HUD will grant funds to
recipients to pay a portion of the cost of new
construction, including eost-effective energy
measures and the cost of land associated with
that construction, for use in the provision of
supportive housing, If the grant funds are used
for new construction, the applicant must
demonstrate that the costs associated with new
consirucuon are substanlial(y less thari the costs
associated with rehabilitation or that there is a
lack of available appropriate units that could be
rehabilitated at a cost less than new construc[ion.
For pu~poses of this cost comparison, costs
associa[ed with rehabilitatiort or ttew
construction may include the cost of real
property acquisition.
16) Amou~u. The maximum grant
available for new construction is the lower of:
(1) $4p0,00p; or
(2) The [otal cost of the new
construction, including the cost oP land
associated with that construction, minus the
applicanPs contribution toward the cost of same.
$ 583.115 Grants for leasing.
(a) General. HUD will provide grants to
pay (as described in § 583.130 of this parq for
the actual costs of leasing a stracture or
swctures, or portions thereof, used to provide
supportive housing or supportive services for up
to five years.
(b)(1) Leasing srructures. Where grants
are usad to pay rent for all or part of struetures,
the rent paid must be reasonable in relation to
rents being charged in the area for comparabie
space. In addition, the rent pnid may not exceed
rents currenNy being charged by the same owner
for comparable space.
(2) Leasing individual i~nits. Where
grants are used ro pay rent for individunl
housing units, the rent paid must be reasoaable
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 exeeed
HUD-determined fair market rents. Recipients
may use grant funds in an amount up to one
month's rent to pay the non-recipient landbrd
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. IIUD will provide grants to
pay (as described in § 583.130 of this part) for
the actual costs of supportive services for
homeless persons for up to five years. A!I or part
of the supportive services may be provided
directly by the recipient or by artangement with
public or private service providers.
(b) Supportive services costs. Costs
associared with providing supportive services
include saiaries paid to providers of suppoRive
services and any other costs directly associated
with providing such services. For a transitional
housing project, supportive services costs also
include the costs of services provided to former
residents of transitional housing to assist their
adjustment to independent living. Such services
City of Corpus Christi
TXOQ23B6J010801
may be provided for up to six months after they
leave the transitional housing faciliry.
~58 fiR 13871, Mar. IS, 1993, as amended at 59
FR 36891, July 19, 1994)
$ 583.125 Grants for operaHng costs.
(a) General. HUD will provide grnnts
to pay a portion (as described in § SR3.130) of
the actual opera[ing costx of supportive housing
for up to five years.
(b) Operatirrg co37s. Operating costi are
those associated w~ith the day-roday operation of
the supportive housing. They also indude the
actual expenses that a recipient incurs for
conducting on-going assessments of the
supportive services needed by residents and the
availability of such services; relceation
assistance under § 583310, including paymen[s
and services; and insurance.
(e) Recipient rnatch requirenrent for
~peruting costs. Assis[ance for operating costs
will be available for up to 75 percent of the total
cost in each year of the grant term. The recipient
must pay the percentage of the actual operating
costs not funded by HUb. At the end of each
operating year, the recipient must demonstrate
that it has met its ma[ch requirement of the costs
for that year.
[58 FR 13871, Mar. I5, 1993, as amended a[ 61
FR 51175, Sept. 30, 1496; 65 FR 30823, May
12. 2000)
~ 583.130 Commitment of grant amounts for
Ieasing, supportive servioes, 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 cotal amount obligated will
be equal to an amount necessary for the
specified years of operation, less the recipienP 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~
§ 583.133 Administrative costs.
(a) General. Up to five percent of any
grant awarded under this part may be used for
the purpose of pay+n~ costs of administering the
assistance.
(b) Adrninistrative costs. Administrative
costs include the costs associated with
accounting for the use of grant funds, preparing
reports for submission to HUD, obtaining
program audits, similar costs related to
administering the grant after the award, and staff
salaries associated with these administrative
costs. They do not include the costs of cartying
out eligible aetivities under §§ 583.105 [hrough
583.125.
~58 FR 13871, Mar. I5, 1993, as amended at 6I
FR 51175, Sept. 3Q 1996]
~ 583.140 Technical ossistance.
(a) General. HUD may set aside funds
annually ro provide technicai assistance, either
directly by HUD staff or indirecdy through
third-party providers, for any supponive housing
project. This cechnical assistance is for the
purpose of promoting the development of
supportive housing a~d supportive services as
part of a continuum of care approach, including
innovative approaches to assist homeless
persons in the transition from homclessness, and
promoting the provision of supportive houseng
to homeless persons to enable them to live as
independently as possible.
(b) Uses nf technical assistarice. HUD
may use these funds to provide technical
assistance to prospective applicaats, applicants,
recipients, or other providers of supportive
housing or services for home(ess persons, for
supportive housing projects. The assistance may
include, but is not limited to, written information
such as papers, monographs, manuals, guides,
and brochures; person-to-person exehanges;and
training and related costs.
(c) Selection of providers. From [ime to
time, as HUD determines the need, HUD may
advertise and competitively select providers to
deliver technical assistance. HUD may enter
inro contracts, gran[s, or cooperative
agreements, when necessary, to implement the
technical assistance.
[59 FR 36892, July 19, ! 994]
§ 583.145 Matching requirements.
City of Corpus Christi
TXQ023B6J010801
(a) Genernl. The recipicnt must match
the fwids provided by HUD for grants for
acquisition, rehabilitation, and new constraction
with an equal amount of funds from o[her
sources.
(b) Casit resoiace.r. 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
govemments, and priva[e resources.
(c) Marntenance of efforf. State or loca I
government funds used in [he matching
contribution are subjeet [o the maintenance of
effort requirements described at § 583. I50(a).
§ 583.150 Limitations on use of assistance.
(a) Marruenance of'effort. No assistance
provided under this paR (or any State or local
government funds used to supplement this
assistance) may be used to replace State or Iocal
funds previously used, or designated for use, [o
assis[ homeless persons.
(b) Faitl~-based activiNes. (I )
Organizations [hat are religious or fai[h-based
are eligible, on the same basis as any other
organization, to participate in the Supportive
Housing Program. Neither the Federal
government nor a State or local government
receiving funds under Supportive Housing
programs shall discriminate against an
organization on the basis of the organization's
religious character or affiliation.
(2) Organizations that are direcdy
tunded under the Supportive Housing Program
may not engage in inherendy 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 lime or
location, from the programs or services fimded
under this part, and participation must be
voluntary for the beneficiaries of the HUD-
funded programs or services.
(3) A religious organization that
participates in the Supportive Housing Program
will retain its independence from Federal, State,
and local govemments, and may continue to
carry out its mission, including the definition,
practice, and expression of its religious beliefs,
provided that it dces 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, scripmres, or other
religious symbols. In addition, a Supportive
Housing Program-funded religious organiiation
ret~ins its authoriry over its internal governance,
and it may retain religious rerms in its
organizltion's name, selec[ its board members
on a religious basis, and include religious
reTerences in its organization's mission
s[atements and other governing documents.
(4) An organiza[ion that participates in
the Supportive Housing Program shall no[, in
providing pFOgram assistance, discriminate
against a program beneficiary or prospective
program beneficiary on the basis of religian or
religious belief.
(5) Program funds may not be used for
the acquisition, construction, or rehabilitation of
strucmres to the extent thnt those structures are
used for inherently religious activities. Program
funds may be used for the acquisition,
construction, or rehabilitation of structures only
to the extent that those structures are used for
conducting eligible activities under this paR.
Where a structure is used for both eligible and
inherenNy religious activities, program funds
may not exceed the cost of those portions of the
acquisition, construction, or rehabilitation that
are atvibutable to eligible activities in
accordance with the cost accounting
requiremen[s applicable [o Supportive Housing
Program funds in this part. Sanctuaries, chapels,
or other rooms that a Supportive Housing
Program-funded religious congregation uses as
its principal place of worship, however, ure
ineligible for Supportive Housing Program-
funded improvements. Disposition of real
property after the [erm 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).
City of Corpus Christi
TX0023B6J010801
(6) If a State or local government
voluntarily contributes its own funds tu
supplement federally funded activities, the State
or Iceal government has the option to segregate
the Federal funds or commingle them. However,
if the funds are commingled, this section applies
to all of the commingled funds.
(c) Pnrticipant control nf site. Where an
applicant dces not propose to have convol ot a
site or sites but rather proposes ro 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 the same housing without further
assistance under this part, that applicant may not
request assistance for acquisition, rehabilitution,
or new construction.
(58 FR 13871, Mar. I5, 1993, as amended at 59
FR 36892, July 19, 1993; 68 FR 56407, Sept.
3Q 2003]
§ 583.155 Consolidated plan.
(a) Applicants thut are States or iuiits oj
ge~~era( locul government. The applicant must
have a HUD-approved complete or abbrevi:tted
consolidated plan, in accordance with 24 CFR
part 91, and must submit a certification that the
applieation for funding is consistent with the
HUD-approved consolidated plan. Funded
applicants must ceRify in a grant agreement that
they are following the HL1D-approved
consolidated plan.
(b) Applrcants that are not States or
units nf generul local government. The applicant
must submit a certification by the jurisdiction in
which the proposed project will be Iceated that
the applicant's application for funding is
consistent with the jurisdictiods 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 pan 91, subpart F.
(c) Indian tribes und the /nsuJur Areas
of Guam, the U.S. Virgin Islands, American
Samoa, and the Northern Mariana lsland.r.
These entities are not required to have a
consolida[ed plan or to make consolidated plan
ceRifications. An application by an Indian tribe
City of Corpus Christi
TX0023B6J010801
or other applicant for a project tha[ will be
Iocated on a reservation of an Indian tribe will
not reyuire 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
u mservation, ~he requirement for a certification
under paragraph (b) of this section wili apply.
(d) Timing of consolidated plan
cer'ttfication subrnissions. Unless otherwise set
forth in the NOFA, the required cenification that
the upplication for funding is consistent with the
HUD-approved wnsolidated plan must be
submitted by the funding application submission
deadline announced in the NOFA.
~60 FR 16380, Mar. 30, 1995)
Subpart C-Application and Grant Award
Process
~ 583.200 Application and grant award
When funds are made available for
assistance, HIJD will publish a notice of funding
avaitability (NOFA) in the FEDERAL
REGISTER, in accordance with the
requiremen[s of 24 CFR part 4. HUD will
review and screen applicntions in accordance
with the requirements in section 426 of the
McKinney Act (42 U.S.C. t 1386) and the
guidelines, ruting criteria, and prceedures
pubiished in the NOFA.
[61 FR 51 176, Sept, 3Q 1996]
§ 583.230 Environmental review.
(a) Activities under this part are subject
to HUD environmental regulations in part 58 of
this tide, except that HUD will perform an
environmental review in accordance with part .50
of this title prior to its approval of any
conditionally selected applications for Fiscal
Year 2000 and prior years that were received
directly from private nonprofit entities and
governmental entities with special or limited
purpo.se 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 pedorm the
environmental review under the provisions of
part 50 of this tiNe 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
FILID in accord with part 50) performs the
environmental review, the recipient shall supply
all available, relevant informalion necessary for
the responsible entity (or HUD, if applicable) io
perfonn for each property any environmental
review required by this part. The recipient also
shali carry out mitigating measures reyuired by
the responsible entiry (or HUD, if applicable) or
select alternate eligible property. HUD may
eliminate from consideration any applicn[ion
that wouid require an Emironmental Impact
Statement (EIS).
(b) The recipien[, its project partners and
their contractors may not acquire, rehabilitate,
conveR, lease, repair, dispose of, demolish or
construct property for a project under this pan,
or commit or expend HUD or local funds for
such eligible activities under this part, until the
resppnsible entity (as defined in § 58.2 of this
title) has completed the environmental review
procedures required by part 58 and the
emironmental certification and RROF have
been approved or HUD has perFormed an
environmental review under part 50 and the
recipien[ has received HUD approval of the
property. HUD will not release grant funds if [he
recipient or any other party commits grant funds
(i.e., incurs any costs or expendiwres to be paid
or reimbursed with such funds) before the
recipient submits and HUD approves its RROF
(where such submiesion is required).
[68 FR 56131, Sept. 29, 2003]
$ 583.235 Renewal grants.
(a) General. Grnnts made under this
part, and grants made under subtides C and D
(the Supportive Housing Demonstration and
SAFAH, respectively) of the Stewart B.
McKinney Homeless Assistance Act as in effect
before October 28, 1992, may be renewed on a
noncompetitive basis to continue ongoing
leasing, operations, and supportive services for
additional yeazs 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 HLJD, must
meet the requirements of this part, and must
submit requests within the time period
established qy HUD.
{b) Assrstance uvuilu6le. The firs[
renewai wiil be for a period of time not to
exceed the difference between the end of the
initial funding period and ten years from the date
of initial occupancy or the date of initial service
provision, as applicable. Any subsequent
renewal will be for a period of time not to
exceed five years. Assistance during each year
of the renewal period, subject to maintenance of
effort requirements under § 583.150(a) may be
for:
(1) Up to 50 percent of the actual
operating and leasing costs in the final year of
the initial funding period;
(2) Up to the amount of HUD assislilnce
for supportive serviees in the final year of the
initial funding period; and
(3) An allowance for cost increases.
(c) HUD review. ( I) HUD will review
the request for renewal and will evaluate the
recipient's performance in previous years
against the plans and goals established in the
initial application for assistance, as amended.
HUD will approve the request for mnewal unless
thc recipient proposes to serve a population that
is not homeless, ar 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
recipienPs success in assisting panicipants to
achieve and maintain independent living,
consideration will be given to the level and rype
of problems of participan[s. For recipients with a
poor record of success, HUD will also consider
the recipient's willingness to accept technical
assistance and to make changes suggested by
technical assistance providers. Other factors
which will affect HUD's decision to approve a
renewal request include thefollowing: 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.
City of Cocpus Christi
TX0023B6J010801
(Z) HUD reserves the right to reject a
request from any organiza[ion with an
outstanding obligation ro HUD that is in arrears
or for which a payment schedulc 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 OfPice of Management and
Budget under control nwnber 2506-O1 12)
SubpaM D-Program Requirements
§ 583.3011 Generel operation.
(a) State ~nd local reguirements. Each
recipient of assistance under this part must
provide housing or services that are in
compliance with all applicable State and local
housing codes, licensing requirements, and any
other requirements in the jurisdiction in which
the project is Iceated regarding lhe condi[ion of
the structure and the operation of the housing or
services.
(b) Hubitubility standards. Except for
such variations as are proposed by the recipient
and approved by HUD, supportive housing must
mee[ the following requirements:
(1) Strurture and materials. Tlie
structures must be structurally sound so as not to
pose any threat to the health and safety of the
occupants and so as to protect the residents from
the elemeots.
(2) Access. The housing must be
accessible and capable of being utilized without
unauthoriud use of other private properties.
Structures must provide alternate means of
egress in case of f1re.
(3) Space and security. Each resident
must be afforded adequate space and security for
themselves and their belongings
Each resident must be provided an acceptable
place to sleep.
(4) Interior arr qualiry. Every room or
space must be provided with namral or
mechanical ventilation. Strucmres must be free
of pollutants in the air at levels that threaten the
health of residents.
(5) Water supph~. The wa[er supply must
be free from contamination.
(6) Saniiary facililies. Residents must
have access to sufficient sanitary facilities that
are in proper operating condition, may be used
in privacy, and are adequate for personal
cleanliness and the disposal of human waste.
(7) Thermn! environment. The housing
must have adequa[e heating and/or cooling
facilities in proper operating condition.
(8) Id(umination and electrlciry. The
housing must have adequate nawral or artificial
illumina[ion 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
drsposal. Atl 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 equipmen[ must be maintained in
sanitary condition.
(1 I) Fire safeh~. (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 cecupied 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, bu[ 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 persons with disabilities must
provide meals or meal preparation facilities for
residents.
City of Corpus Christi
TX0023B6J010801
(d) Ongoing assessme~it of supporlive
services. Each recipient of assistance under this
part must conduct an ongoing assessment of the
supportive services required by the residents of
the project and the availability of such services,
and make adjustments as appropriate.
(e) Residentiul.rupen~isiort. Each
recipient of assistance under this part must
provide residential supervision as necessary ro
facilitate the adequate provision of supportive
services to the residents of the housing
throughout the term of the commitment to
operate supportive housing. Residential
supervision may include the employment of a
full- or pan-time residential supervisor with
sufficient knowledge to provide or to supervise
the provision of supportive services to the
residents.
(~ Partiripatiari of honteless persons.
(1) Each recipient must provide for the
participation of homeless persons as required in
section 426(g) of the McKinney Act (42 U.S.C.
I 1386(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 fortnerty hometess 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 reporrs. Each recipient
of assistance under this part must keep any
records and make any reports (including those
pertaining ro race, ethnicity, gender, and
disabiliry status data) that I~UD may require
within the timeframe required.
{h) Confrdentraliry. Each rec:ipient tha[
provides famity violence preven[ion or treatment
services must develop and implement
procedures to ensure:
( l) The confidentiality of records
pertaining to any individual services; and
(2) That the address or location of any
project assisted will not be made public, except
with written authorization of the persan or
persons responsible for the operation of thc
project.
(i) Ternrinution of liousing as.ristunce
The recipient may terminate assistance to a
participant who violates program requirements.
Recipients should termina[e assistance only in
the most xvere 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 l~w. This process, at a minimum, must consist
of:
( I) W ritten notice to the participant
eontaining a clear statement of the reasons for
termination;
(2) A review of the decision, in which
the participant is given the opportunity to
presen[ written or orai objections before a person
other than the person (or a subordinate of tha[
person) who made or approved the termination
decision; and
(3) Prompt written notice of the final
decision to the panicipant.
(j) Limitation of s~ay in Iransitinnal
housing. A homeless individual or family may
remain in transitional housing for a period
longer than 24 months, if permanent housing for
the individual o~ family has not been located or
if the individual or family requires additional
time to prepare for independent ~iving. However,
HUD may discontinue assistance for a
transitional housing project if more than half of
the homeless individuals or families remain in
that project Ionger than 24 months.
(k) Outpatient health sen~ices.
Outpatient health services provided by the
recipient must be approved as appropriate by
HUD and the Department of Health and Human
Services (HHS). Upon receipt of an application
that proposes the provision of outpatient health
services, HUD will consult with HHS with
respect to the appropriateness of the proposed
services.
City of Corpus Christi
TX0023B6J010801
Q) Annt~a! assuranres. 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 2506-01 12) (58
FR 13871, Mar. 15, I993, as amended at 59 FR
36892, July 19, 1994; 61 FR 51176, Sep[. 30,
1996J
~ 583.305 Term of commltment; repayment of
grants; prevention of undue benePts.
(a) Term of eommitment mul ronversion.
Recipients mus[ agree to operate the housing or
provide supportive services in accordance with
this part and with sections 423 {b)(1) and (b)(3)
of Ihe MeKinney Aet (42 U.S.C. 1 1383(b)(1),
11383(b)(3p.
(b) Repayment of grant ~md preventinn
of undue 6enefits. In accordance wi[h secLion
423(c) of the McKinney Act (42 U.S.C.
11383(c)), HUD will require recipients to repay
the grant unless HUD has authorized conversion
of the project under section 423(b)(3) of the
McKinney Act (42 U.S.C. 11383(b)(3p.
[61 FR 51176, SepL 30, 1996]
# 583.310 Displacement, relocation, and
acquisilion.
(a) Mittimizing drsplacement. Consisten[
with the other goals and objectives of this part,
reeipients 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) Relacation nssistance,far displuced
persons. A displaced person (defined in
paragraph (~ of this section) must be provided
relocation assistance at the levels described in,
and in accordance with, the requirements of the
Uniform Relceation Assistance and Real
Property Acquisition Policies Act of I970
(URA) (42 U.S.C. 4601~655) and
implementing regulations at 49 CFR pan 24.
(c) Reu! propeny ucquisition
requirements
City of Corpus Christi
TX0023B6J010801
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) Responsibr7ity nf recipient ( I) The
recipient must certify (i.e., provide assurance of
compliance) Ihat it will comply with the URA,
the regulations at 49 CFR part 24, and the
requirements of [his section, and must ensure
such compliance notwithstanding any third
party's contractual obligation ro the recipient to
compty with these provisions.
(2) The cost of required reloca[ion
assistance is an eligible projeet cost in the same
manner and to the same extent as other project
costs. Such costs also may be paid for wi[h local
public funds or funds available from other
saurces.
(3) The recipient must maintain records
in sufficient detail ro demonstrate compliance
wi[h provisions of this section.
(e) Appe~Js. A person who disagree-s
with the recipient's determination concerning
whether the person qualifies as a"displaced
person," or the amount of relocation assistance
for which the person is eligible, may file a
written appeal of that determination with the
recipient. A low-income person who is
dissatisfied with the recipienCs determination on
his or her appeal may submit a written request
for review of that determination to the HUD
field office.
(~ Definition of displaced person. ( l)
For purposes of this section, the term "displaced
persod' means a person (family, individual,
business, nonprofit organization, or farm) that
moves from real property, or moves personal
property from real property permanently as a
direct result of acquisition, rehabilitation, or
demolidon for supportive housing projects
assisted under this pan. The term "displaced
persod' includes, but may not be limited to:
(i) A person that moves permanentiy
from the real property after the property owner
(or person in control of the site) issues a vacate
notice, or refuses to renew an expiring lease in
order to evade the responsibility to provide
relceation assistance, if the move occurs on or
after the date the recipient submits to HUD the
application or application amendmenl
designating the project site.
(ii) Any person, including a person who
moves ixfore the date described in paragraph
(t~(1)(i) of this section, if the recipient or HUD
determines that the displacement resulted
direcQy from acquisition, rehabilitation, or
demolition for the assisted project.
<iii) A tenant-oceupant of a dwetling
unit who moves permanendy from the
building/complex o0 or after the date of the
"initiation of negotiations" (see paragraph (g)
of thid section) if the move occurs before the
tenant has been provided written notice offering
him or her the opportunity ro lease and occupy a
suitabie, 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 reni and estimated
average monthly utility costs that do not exceed
the greater of:
(A) The tenanPs monthly rent before the
initiation of negotiations and estimated average
utility costs, or
(B) 30 percent of gross househotd
income. If the initial rent is at or near the
maximum, there must be a reasonahle basis for
concluding at the time the project is initiated that
future rent increases will be modest,
(iv) A tenant of a dwelling who is
required to relocate temporarily, but dces not
retum to the buildinglcomplex, if either:
(A) A tenant is not offered payment ior
all reasonable out-of-pocket expenses incurred
in connection with the temporary relocation, or
(B) Other conditions of the [emporary
relocation are not reasonable.
(v) A tenant of a dwelling who moves
from the building/complex permanently after he
or she has been requirecl to move to another unit
in [he same building/complex, if either:
(A) The renant is not offered
reimbursement for all reasonable out-of-pocket
expenses incurred in connection with the move;
or
(B) Other conditions of the niove are nut
reasonnble.
(2) Notwithstanding the provisions of
paragraph (f)(1) of this section, a person dces
not yualify as a"displaced person" (and is not
eligibie for rebcation assistance under the URA
or this sec[ion), if:
(i) The person has been evicted for
serious or repeated violation of the tcrms and
conditions of the lease or occupancy agreement,
viofation of appticable Federal, State, or local or
tribal law, or other good cause, and HUD
determines that the eviction was not uodertaken
for the purpose of evading the ohligation to
provide relocation assistance;
(ii) The person moved into the property
after the submission of the applica[ion and,
before signing a lease and commencing
orcupancy, was provided written notice of the
project, its possible impect on [he person (e.g.,
the person may be displaced, temporarily
relocated, or suffer a rent increase) and the fact
that the person tvouid not qualify as a
' `displ~ced person" (or for any assistance
provided undcr this seclion), 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 resuit of
acquisition, rehabiliGltion, or demolition for the
project.
(3) The recipient may request, at any
leme, HL7D's determination of whether a
displacement is or would be covered under this
section.
(g) Definition of initiation of
negotiutions. For purposes of determining the
formula for compu[ing the replacement housing
assistance ro be provided to a residential tenant
displaced as a direct result of privately
undertaken reha6ilitntion, demolition, or
acquisition of the real property, the term
"initiation of negotiations" means the execution
of the agreement between the recipient and
HUD.
(h) Defrnrtion of project. For purposes of
this section, the term "project" mean3 an
City of Corpus Christi
TX0023B6J010801
undertaking paid for in whole or in pan with
assistance under this part. Two or more ac[ivitieti
that are integrally related, each essential to the
others, are considered a single project, whether
or not all component activities receive assistance
underthis part.
[58 FR 13871, Mar. t5, 1993, as amended at 59
FR 36892, 7uly 19, 1994J
~ 583.315 Restdent rent.
(a) Calculaion of resrdent rent. Each
resident of supportive housing may be req~ired
to pay as rent an amount determined by the
recipient which may not exceed the highesl of:
(t) 30 percent of the family's monthly
adjusted ineome (adjustment factors include the
number of people in the family, age of family
members, medicai expenses and child care
expenses). The calculation of the family's
monthly adjusted income must include the
expense deductions provided in 24 CFR
5.61 I(a), and for persons with disabilities, the
calculation of the family's monthly adjusted
income also must include the disallowance of
earned income as provided in 24 CFR 5.617, if
applicable;
(2) 10 percent of the family's monthly
gross income: or
(3) If the family is receiving payments
for welfare assistance from a public agency and
a part of the payments, adjusced in accordance
with the family's actual housing costs, is
specifically designated by the agency to meet the
family's housing costs, the ponion of the
payment that is designated for housing costs.
(b) Use of renr. Resident rent may be
used in the operation of the project or may be
reserved, in whole or in part, to assist residents
of [ransitional housing in moving to permanent
housing.
(c) Fees. In addition to resident rent,
recipients may charge residents reasonable fees
for services not paid with grant funds.
[58 FR 13871, Mar. I S, 1993, as amended at 59
FR 36892, July 19, 1994; 66 FR 6225, Jan. 19,
2001]
§ 583.320 Site control.
(a) Sire 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 wiil
be used for operating costs of supponive
housing, or where grant funds will be used to
provide suppoRive services except where an
applicant will provide services at sites not
operated by the applicant, an applicant must
demonsvate site control before HUD will
execure a grant agreement (e.g., through a deed,
lease, executed wnvact of sale). If such site
controi is not demonstrated within one year after
initial notification of [he award of assistance
under this part, the grant will be deobliga[ed as
provided in puagraph (c) of this section.
(2) Where grant funds will be used to
lease all or part of a svucwre 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 Ihe uni[s, site
control need not be detnonstrated.
(b) Site change. ( I) A recipient may
obtain ownership or control of a suitable site
different from the one specified in its
application. Retention of an assistance award is
subject to the new site's meeting all
requirements under this part for suitable sites.
(2) If the acquisition, rehabilitation,
acquisition and rehabilitation, or new
construction msts for the substitute site are
greater than the amount of the grant awarded for
the site specified in the application, the recipient
must provide for all additional costs. If the
recipient is unable to demonsvate to HUD that it
is able to provide for the difference in costs,
HUD may deobligate the award of assistance.
(c) Faihere to obtarn site control withiii
one year. HUD will recapture or deobliga[e 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 the
permissibility of proposals that serve designated
populations of disabled homeless persons,
City of Corpus Christi
TX0023B6J010801
recipients serving a designa[ed population of
disabled homeless persons are reyuired, within
the designated population, to comply with these
requirements for nondiscrimination on the basis
of race, color, religion, sex, national origin, age,
familial staws, and disability.
(b) Naidiserimrnution and equal
oppornrnity reyuireme+:ts. The
nondiscrimination and eyual opportunity
requirements set forth at part 5 of this title apply
ro this program. The Indian Civil Rights Act (25
U.S.C. 1301 et seq.) applies ro tribes when they
exen;ise their powers of self-government, and to
Indian housing authorities (IHAs) when
established by the exercise of such po~vers.
When an IHA is es[ablished under State law, the
applicabitity 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 tide VI and the Fair
Housing Act and their implementing regulations.
(c) Procedures. (I) If Ihe procedures
that the recipient intends to use to make known
the availability of the supportive housing are
onlikely to reach persons of any particular race,
color, religion, sex, age, national origin, familial
status, or handicap who may qualify for
admission ro 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) Accessifiiliry requrrernents. The
recipient must comply with the new construction
accessibiliry requirements of the Fair Housing
Act and section 504 of the Rehabilitation Act of
1973, and the reasonable accommodation and
rehabilitation accessibility requirements of
section 504 as follows:
Q) Atl new construction must meet the
accessibility requiremen[s 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 thc
replacement cost of the building must meet the
requirements of 24 CFR A.23(a). Other
rehabilitation must meet the requirements of 24
CF`R 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 51 176, Sept. 30, 1996]
§ 583.330 Applicability of other Federal
requirements
In addition to the requirements set forth
in 24 CFR part 5, use of assistance provided
under [his part must comply with the following
Federal requirements:
(a) Fload insurance. ( I) The Flood
Disaster Protection Act of 1973 (42 U.S.C
4001-4128) prohibits the approval of
applications for assistance for acquisition or
construction (including rehabilitation) for
supportive housing located in an area identified
by the Federal Emergency Management Agency
(FEMA) as having special Flood hazards, unless:
(i) The community in which the area is
situated is participating in the National Flood
Insurance Progrem (see 44 CFR parts 59 through
79), or tess 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.
(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 1952 (16 U.S.C. 3501 er seq.) may apply to
proposals under this part, depending on the
assistance requested.
(c) Applicabi(iry of OMB Circulurs. The
policies, guidelines, and requirements of OMB
Circulaz No. A-87 (Cost Principles Applicable
to Grants, Convacts and Other Agreements with
State and Local Govemments) and 24 CFR part
85 apply to the award, acceptance, and use of
assistance under the program by governmental
City of Corpus Christi
TX0023B6J010801
entities, and OMB Circular Nos. A-1 10 (Grants
and Cooperative Agreements with Institutions of
Higher Education, Hospitals, and Other
Nonprofi[ Organizations) and A-122 (Cost
Principles Applicable to Grants, Contracts nnd
Other Agreements with Nonprofit Institutions)
apply to the acceptance and use of assistance by
private nonprofit organizations, except where
inconsis[ent with the provisions of the
McKinney Act, other Federal scntutes, or this
part. (Copies of OMB Circulars may be obtained
from E.O.P. Publications, room 2200, New
Executive Office Building, Washington, DC
20503, telephone (202) 395-7332. (This is not a
toll-free number.) There is a limit of two free
copies.
(d) Lead-based paint. The L,ead-Based
Paint Poisoning Preveniion Act (42 U.S.C.
4821-4846), the Residential Lead- Based Paint
Hazard Reduction Act of 1992 (42 U.S.C. 4551-
4856), and implementing regulations at part 35,
subparts A, B, J, K, and R of this title apply to
activities under this program.
(e) ConJiicts of ir~terest. (I) [n addition
to the conflict of interest requirements in 24
CFR part 85, no person who is an employee,
agent, consultant, officer, or elected or ap~inted
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 ro participate in a decisionmaking
process or gain inside infortnation with regard to
such activities, may obtain a personal or
financial interest or benefit from the activity, or
have an interest in any convaet, 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
yeaz thereaftec Participation by homeless
individuals who also are participants under the
program in policy or decisionmaking ander §
583300(~ dces not constimte a conflict of
in[erest.
(2) Upon the written request of the
recipient, HUD may grant an exception to the
provisior~s of paragraph (e,)(1) of this section on
a case-by-case basis when it determines that the
exception wi11 serve to further the purposes of
the program and the effective and efficient
administration of the recipienPs project. An
exception may be considered oNy after the
recipient has provided the following:
(i) For States and other governmental
entities, a disclosure of the nature of the conflkt,
accompanied by an assurance that there has been
public disclosure of the conflict and a
description oF how the public disclosure was
made;and
(ii) For ail recipients, an opinion of the
recipient's attorney that the interest for which
the exception is sought would not violate State
orlocailaw.
(3) In determining whether [o 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) Whe~her the exceprion woutd provide
a signit'ican~ 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 eligibte persons
and the exception will permit such person to
receive generally the same interests or benefits
as are 6eing 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
ques~ion;
(iv) Whether the interest or benefit was
present before the affected person was in a
position as described in paragraph (e)(1) of this
section;
(v) Whether undue hardship will result
either to the recipient or tha person affected
when weighed against the public interest served
by avoiding the prohibited conflict; and
(vi) Any other relevant considerations.
(~ Audit. The financial management
systems used by recipients under this program
mus[ provide for audi[s in accordance with 24
City of Corpus Christi
TX0023B6J010801
CFR part 44 or part 45, as appiicable. HUD may
perfarm or require additional audits as it finds
necessary or appropriate.
(g) Davis-Bacon Act. The provisions of
the Davis-Bacon Act do not apply to this
program.
~58 FR 13871, Mar. I5, 1993, as amended at 61
FR 521 1, Feb. 9, 1996; 64 FR 50226, SepL I5.
1999]
Subpart E-Administration
§ 583.400 Grant agreement.
(a) Genera[. The duty Co 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 approprinte, including
repayment of funds that have already been
disbursed to the recipien[.
~$ SS3.405 Program changes.
(a) HUD approvaL (1) A recipient may
not make any significant changex to an approved
program without prior HUD approval.
Significant changes include, but are not limited
to, a change in the recipient, a change in the
project site, additions or deletions in the types of
activities lis[ed in § 583.100 of this part
approved for the program or a shift of more than
10 percent of funds from one approved rype of
activity to another, and a change in the category
of participants [o be served. Depending on the
nature of the change, HUD may require a new
certification of consistency with the consolidated
plan (see § 583.155).
(2) Approval for changes is contingent
upon the application ranking remaining high
enough after the approved change to have been
competitivety selected for funding in the year
the application was selec[ed.
(b) Doeumentation of other change.r.
Any changes to an approved program that do not
require prior HUD approval must be fully
documented in the recipienPs records.
~58 FR 13871, Mac I5, 1993, as amended at 61
FR 51 I76, Sept. 30, 1996]
§ 583.410 Obligation and deobligation of
funds.
(a) Obligateon offimds. 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 wiil be expected to carry out the
supportive housing orsupportive services
activities as proposed in the application.
(b) Increuses. After the initial obligation
of funds, HUD will not make revisions ro
increase the amount obligated.
(c) Deobligution. (1) HUD may
deobligate ail or parts of grants for acquisition,
rehabilitation, acquisition and rehabilitation, or
new construction:
(i) If the actual total cost of acquisition,
rehabilita[ion, acquisition and rehabilitation, or
new construction is less than the totai cost
anticipated in the application; or
(ii) If proposed activi[ies for which
funding was approved are not begun within three
months or residents do not begin to occupy the
facility within nine momhs after grant execution.
(2) HUD may deobligate the amounts
for annual leasing costs, operating costs or
supportive services in any year:
(i) If the acwal leasing coats, operating
cos[s 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 cecupancy.
(3) The grant agreement may set forth in
detnil other circumstances under which tunds
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 part.
City of Corpus Christi
TX0023B6J010801
EXHIBIT B
INSURANCE REQUIREMENTS
SubreciqienYs Liability Insurance
A. Subrecipient must not commence work under this agreement until all insurance required
herein has been obtained and such insurance has been approved by the City. Subrecipient
must not allow any subcontractor to commence work until all similar insurance required of the
subcontractor has been obtained.
B. Subrecipient must furnish to the City's Risk Manager and to the Department or Division
responsible for this agreement; 2 copies of Certificates of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City
must be named as an additional insured for all liability policies, and a blanket waiver of
subrogation is required on all applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day written notice of cancellation, material Bodily Injury and Property Damage
change, non-renewal or termination is required on Per occurrence / aggregate
all certificates
COMMERCIAL GENERAL LIABILITY including: $1 000 000 Combined Sinqle 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.
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
2009 - 2010 Continum of Care Service Grant Program Subrecipient Agreements ins. req.
5-5-09 ep Risk Mgmt.
EXHIBIT C
COC COMPLIANCE AFFIDAVIT
STATE OF TEXAS §
§
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS:
Date: O 6l ay/ z.o o y
-~
Affiant: Cvrpw Cl.n~a~~ YYI~~Fro YY1 ~.;;~1-ic~~ . X H~.
C tino nuum of Care Grant Subrecipient
Affiant, on oath, swears the following statements are true:
I, ~ aS< ~: •'~iz.i; , am the L8G t Ci.e,,,,~;,a 1J,•~C-I-or (title)
of Cor~o~.~ Ci..u"s-F~ m~tio Yrt,A;,1~ne,s ~~n~. , 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 ("SubrecipienY'), I metwith City staff and received copies
of the following Federal rules and regulations:
OMB CircularA-102 24 CFR Part 1, .3, 5, 8, 24, 35, 45, 84, 85, 107, 135
and 146, as applicable
OMB Circular A-110 24 CFR 583
OMB Circular A-122 41 CFR 60.1 and 60.4, as applicable
OMB Circular A-133
By execution of this affidavit, I attest that I have received the above-listed Federal rules and
regulations, City staff has explained the rules and regulations, and I understand the
SubrecipienYs obligations of performance underthe 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 comply, in accordance with Federal laws.
Signed: /~-~-~• ~, '
S RN TO AND SUBSCRIBED before me this
, 2009. -~ ~
ln~
LL~I~o_~
seal) Notary
~,,,,~,,,,,,
,~""f,s .e LAURISA IYNN BAKLIK 1
''.~ ~ 'F"~ Notary Publlc, Stote of 7
_ • • exas
;d,••,,,, ~,~ My Commiaeion Bxplree I
"'%,°;,;;•• Morch 09, 2011 J
~ day of
EXHIBIT D
~ CITY OF CORPUS CHRISTI
- - DISCLOSURE OF INTEREST
c~ty of
co~,.~s
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: 1C oS G E~ 1/22.i
P. o. eox: H 8 5 9
STREETADDRESS: 1~11r1 ~-COPtarB bE. CITY:~pI~u.,)~.~.t~~fi ,%Xk3 ZIP:7~6q
FIRM IS: 1. Corporation ~ 2. Partnership ^ 3. Sole Owner ^
4. Association ~ 5. Other ~~fw~'~e Ncw ~~a~'f
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 interesY' constituting 3% or
more of the ownership in the above named "firm."
N Name Title
~
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interesY' constituting
3°/a or more of the ownership in the above named "firm."
Name Board, Commission or Committee
~
4. State the names of each employee or officer of a"consultanY' for the City of Corpus Christi who worked on any
matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the
ownership in the above named "firm."
~ Name Consultant
N
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly
withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City
of Corpus Christi, Texas as changes occur.
CertifyingPerson: M1o--n L• (/2a-~ Title: C.CO F ~,~~~,,,~~~/e (~ira~-(~a~
Signature of Q
Certifying Person: ~ iC. ~ ~, Date: O 6~ D y~ 20 0 9
Page 1 of 2
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by
the City Council of the City of Corpus Christi, Texas.
"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 estabiished through
voting trusts, proxies, or epecial 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
- = 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 behaif of the undersigned, to
any person for influencing or attempting to influence an o~cer 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 o~cer 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 shali require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
/~. ~~ ~ ~
Signature
IC OS~} L. P, ZZ,
Print Name of Authorized Individual
06-oY'~D`~
Date
L-e"YUJ C~~J~'i 11'1cf'N~'llrl~S~~~eJ ~~MC.
Organization Name