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HomeMy WebLinkAboutC2009-343 - 9/8/2009 - ApprovedCONTINUUM GF CARE GRANT AGREEMENT BETWEEN THE CITY GF CGRPUS CHRISTI AND GGGDWILL INDUSTRIES THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This agreement ~"Agreement"} is made and entered into by the City of Corpus Christi, a Texas home-rule municipa{corporation ~"City"}, acting through its City Manager or the City Manager's designee ~"City Manager"}, and Goodwill Industries of South Texas, Inc. ~"Subrecipient"}, a nonprofit corporation organized under the laws of the State of Texas. WHEREAS, there being a genuine need for supportive housing services for persons who are homeless and for appropriate facilities in which to provide the services in the City of Corpus Christi; WHEREAS, providing supportive housing services to persons who are homeless promotes the public welfare, health, and safety; WHEREAS, the City is desirous of providing appropriate supportive housing services to persons who are homeless; WHEREAS, appropriate supportive housing services include decent, safe, and sanitary shelter and other services essential for achieving independent living; WHEREAS, the Subrecipient is able and desirous of providing the appropriate supportive housing services to persons who are homeless and in need of assistance in order to improve the quality of their lives; and WHEREAS, the City has allocated Continuum of Care Grant ~"CDC"} funds in the amount of $142,120 to the Subrecipient for assistance in providing supportive housing services for the homeless. NGW, THEREFQRE, 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. SECTfON 1. CITY'S FUNDING GBLIGATIGNS. The City agrees to: 1.1 Funding. Provide the Subrecipient not more than One Hundred Forty-two Thousand Seven Hundred Twenty Dollars x$142,120} of CGC funds on a reimbursement basis, based on the stated services to be provided pursuant to the "~ -'- ~- - - ~ ~ 'Application for Federal Assistance FY08-09, a copy of which is ZOOS-343 a and is attached to this A reement as Exhibit A. g n~ZOO9-Z44 09/08/09 1ND~t~ Goodwill Industries 1.2 Reimbursement. Reimburse COC funds to the Subrecipient according to this Agreement and as follows: (A) Not more than $136,720 will be reimbursed to the Subrecipient for the provision of essential supportive housing services to the homeless. (B) Not more than $0.00 will be reimbursed to the Subrecipient for payment of operating costs related to supplying supportive housing services for the homeless. (C) Not more than one half of $6,000 will be reimbursed to the Subrecipient for the provision of administrative costs related to supplying supportive housing services for the homeless, with the City retaining the remainder for City-related contract administration costs. SECTION 2. SUBRECIPIENT'S FUNDING ~BLIGATIGNS. Subrecipient agrees to: 2.1 Matching Funds. Contribute and provide the following amount of cash as the re- quired CSC grantfunding match as shown in Exhibit A: (A) Not less than $34,180 must ~e spent by the Subrecipient to provide essential supportive housing services to the homeless. (B) Not less than $0.00 must be spent by the Subrecipient to provide for the operating costs related to supplying supportive housing services to the homeless. (C) Not less than $0.00 must be spent by the Subrecipient to provide for HMIS costs related to supplying supportive housing services to the homeless. 2.2 Staff and Administrative Support. Provide sufficient staff and administrative sup- port to carry out the stated services, supervise the delivery of supportive housing ser- vices to homeless persons, and provide supervision and oversight, by the Subreci- pient's Board of Directors, of professional services provided by the Subrecipient. 2.3 Services and Facilities. Provide services and utilize the facilities or buildings in accordance with the Continuum of Care Grant Program regulations contained in the United States Cade of Federal Regulations ~"CFR"}, and including, but not limited to, those federal requirements contained in Sections 5 and 0 of this Agreement. 2.4 Permits and Licensing. Obtain and maintain any permits, certificates, and licen- ses that are required of the stated services and of the facility or the services offered therein by the State of Texas and any other agencies having regulatory jurisdiction over the facility or services. 2.5 Financial Records. Record financial transactions according to accrual accounting procedures or develop such accrual information through analysis of the documentation on hand and provide an independent audit for such expenditures upon request by the City Manager or the Administrator of the City's Community Development Department ~"CDD"}. Goodwill CDC Agmt.doc Page 2 of 12 ~.6 Access to Records. Provide access to all records, documents, reports, or audits regarding the services funded underthis 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.l Information and Reports. Provide any informatian 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 reporking requirements mandated far 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 ~1 g} 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 forthree 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 October 1, 2009, in accordance with the grant period, provided the City's City Council has approved its execution, and terminates on September 30, 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} Ail notices, demands, requests, or replies provided for or permitted under this Agreement, by either party must be in writing and must be delivered by one of the following methods: ~1} by personal delivery; ~2} by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; ~3} by prepaid telegram; ~4} by deposit with an overnight express delivery service, for which service has been prepaid; or ~5} by fax transmission. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight. express delivery service will be deemed effective one (1) business day after transmission to the telegraph com- pany or overnight express carrier. Notice by fax transmission will be deemed effec- tive upon transmission, with proof of confirmed delivery. Goodwill CDC Agmt.~oc Page 3 of 12 (C) All such communications must only be made to the following: If to the _C~: 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 Subreci lent: Goodwill Industries of South Texas Attn: Executive Director 2961 S. Port Corpus Christi, TX 78405 (361) 884-4068 Office (361) 884-4090 Fax (D) Either party may change the address to which notice is sent by using a method set out above. The Subrecipient shall notify the City of an address change within 10 working days after the address is changed. SECTION 4. INSURANCE AND INDEMNITY PR4VIS14NS 4.~ Liability insurance. The Subrecipient shall have in force, throughoutthe term of this Agreement, insurance that complies with the standards in Exhibit B, a copy of which is attached to this Agreement and incorporated in this Agreement by reference. A certificate evidencing the Subrecipient's provision of insurance must be provided to the City's Risk Manager ~"Risk Manager"}and the Administrator of CDD at feast ten X10} days priorto any expenditures of COC funds by the Subrecipient. Failure to maintain any of the types and limits of the insurance required by ExhibitA is cause forthe City Manager or the Administrator of CDD to terminate this Agreement and cancel any and all reimbursements of COC fundsto the Subrecipient. 4.2 Fire and Extended Coverage. The Subrecipient shall also have in force, through- outthe term of this Agreement and during the period which the facilities yr 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 forthe 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 X30}days ad- vance notice by the insurer priorto 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 thisAgreementand adjust the types and limits of such insurance upon thirty X34}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, Goadw~ll COC Agmt.doc Page 4 of 12 damages, losses, costs, liabilities, expenses, and judgments re- covered from or asserted against the City on account of injury or damage to persons or property (including, without limitation on the foregoing, workers' compensation, death, and premises de- fects) to the extent any such injury or damage maybe incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the City, its officers, employees, or agents ("Indemnitees"), acting pursuant to this Agreement and with or without the express or implied invitation or permission of the Subrecipient, or on the part of the Subrecipient or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the facilities being used pursuant to this Agreement and with or without the express or implied invitation or permission of the Subrecipient, or when any such injury or damage is the result, proximate or remote, wholly or in part, of the violation by In- demnitees, the Subrecipient or any of its agents, servants, em- ployees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the use or occupancy of the facilities by Indemnitees, the Subre- cipient orany ofits agents, servants, employees, contractors, patrons, guests, licensees, or invitees, including, but not limited to, the failure of the Subrecipient to maintain the Facilities. (B) These terms of indemnification are effective upon the date of exe- cution of this Agreement and whether such injury or damage may result from the contributory negligence or concurrent negligence of /ndemnitees, but not if such injury or damage may result from the gross negligence or willful misconduct of Indemnitees. (C) The Subrecipient covenants and agrees that, in case the City is made a party to any litigation against the Subrecipient or in any litigation commenced by any party other than the Subrecipient re- lating to this Agreement, the Subrecipient shall, upon receipt of reasonable notice regarding commencement of litigation and at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend the City in all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs end expenses GoodwEll CSC Agmt.doc Page 5 of 12 of any kind whatsoever arising from any said claims, demands, ac- tions, damages, losses, costs, liabilities, expenses, or judgments. (D) The indemnification provisions of this section survive the termina- tion or expiration of this Agreement. 4.6 Subrecipient Contracts; Independent Contractor Status. In no event is the City liable for any contracts made by the Subrecipient with any person, partnership, firm, corporation, association, or governments! body. Ali of the services required by this Agreement must be performed by the Subrecipient, or under its supervision. It is agreed by the parkies to this Agreement that the Subrecipient is an independent con- tractvrproviding the services on behalf of the City and that the Subrecipient may not incur any debts or obligations on behalf of the City. SECTION 5. PROGRAM REQUIREMENTS 5.1 Matching Funds. (A) The Subrecipient shall match the COC funding providing by the City with an amount of cash funds from sources other than COC funds. These matching funds must be provided after the date of the grant award to the Subrecipient and the execution of this Agreement. Funds used to match a previous COC grant may not be used to match a subsequent grant award under this Agreement. (B) The Subrecipient shall request payment from the City on acost-certified basis for only those services specified in this Agreement and which are matched on a cash basis in accordance with this Section 5.1 and the regulations contained in the Code of Federal Regulations. The Subrecipient shall submit matching funds support documentation which must be provided with each request for payment. 5.2 Use as an Emergency Shelter. (A) Any building for which COC funds are used by the Subrecipient for use as an emergency shelter for the homeless must be maintained as a shelter for the homeless for not less than athree-year period from the date of execution of this Agreement. ~B} Any building for which GOC 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 genera! 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} yr persons in the same geographic area. (C) Using COC funds for developing and implementing homeless prevention services does not trigger any period of use requirements. Goodwill CDC Agmt.doc Page 6 of 12 5.3 Building Standards. Any building for which GOG 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 Federak, State, local, and private aid that may be necessary to such individuals and families. SECTION 6. ADDITIONAL FEDERAL REQUIREMENTS. fi.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 GFR Part 100 et seq., as each may be amended; Executive order 11063, as amended by Executive Order 12259 ~3 GFR, 1959-1963 Comp., p. 652, and 3 CFR,1980 Gomp., p. 307}, as each maybe further amended; Equal opportunity in Housing Programs and implementing regu- lations at 24 CFR Part 107, as each may be amended; Title VI of the Civil Rights Act of 1964 X42 U.S.C. §§20004-20004-4}, as it may be amended; and, Nondiscrim- ination in Federally Assisted Programs and implementing regulations at24 CFR Park 1, as each may be amended; ~B} The prohibitions against discrimination on the basis of age under the Age Discrimi- nation Act of 1975 X42 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 X29 U.S.C. §794} and implementing regulations at 42 U.S.C. §12101 et seq., and 24 CFR Part 8, as each maybe 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} ~IVomen's Business Enterprise}, as each may be further amended; and, Goodwill COC Agmt.dac Page 7 of 12 w ~.. -~~ ~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- duresthat aSubrecipient uses to make known the availability of such facilities and services are unlikely to reach persons with disabilities or persons of any particular race, color, religion, sex, age, or national origin within the Subrecipient's service area who may qualify for them, the Subrecipient shall establish additional proce- duresthat 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 FMB Circulars. The Subrecipient shall comply with the policies, guidelines, and requirements that are applicable to the use of CSC funds set forth in the Code of Federal Regulations, in the United States office of Management and Budget ~"FMB"} Circular No. A-122, and in all other 4MB 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 a royal of an renovation, rehabilitation, or conversion activity under pp Y 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 4MB 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 CaC funds and who exer- cises orhas exercised any functions or responsibilities with respect to assisted activi- ties, or who is in a position to participate in adecision-making process, or who may gain inside information with regard to such activities may obtain a personal or financial inter- est orbenefit from the activity or have an interest in any contract, subcontract, or agree- mentwith 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. fi.5 Use of Debarred, Suspended, or Ineligible Contractors. The provisions of 24 CFR Part 24, as amended, relating to the employment, engagement of services, Goodwill COC Agmt.doc Page 8 of 12 awarding of contracts, and funding of any contractors or subcontractors during any eriod of debarmen#, suspension, or placement in ineligibility status, are applicable to p the Subrecipient. fi.6 Coastal Barriers. I n accordance with the Coastal Barrier Resources Act, 16 U.S.C. 3501, as amended, no CSC funds may be made available within the Coastal Barrier Resources System. 6.7 Dru Free Workplace Act of 1988. The Subrecipient shall certify that it will main- g tain a dru -free workplace in accordance with the requirements of 24 CFR Part 24, 9 Subpart F, as amended. 6.8 Co eland Act. The Subrecipient shall comply with the Copeland "Anti-Kickback" p Act 18 U.S.C. 874, as amended and as supplemented by United States Department of Labor regulations, 29 CFR Part 3, as amended. fi.9 Contract Work Hours and Safety Standards Act. The Subrecipient shall comply with Sections 103 and 107 of the ContractVllork Hours and Safety Standards Act, 40 U.S.C. 329 and 333, as amended and as supplemented by United States Depart- §§ meat of Labor regulations, 29 CFR Part 5, as amended. 6.10 Audit. The Subrecipient is subject to the audit requirements of FMB 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 A regiment, the Subrecipient shall ensure that it has taken all reasonable steps to 9 minimize an dis lacement of persons as a result of a project assisted with CSC funds. Y p SECTION 7. GENERAL PR4VISI~NS. l.1 Validi If, for any reason, any section, paragraph, subdivision, clause, phrase, tY word or rovision of this Agreement is held invalid or unconstitutional by final judgment p of a court of com etent 'urisdiction, it shall not affect any other section, paragraph, sub- p J division clause, hrase, word, or provision of this Agreement, for it is the definite intent p of the arties to this Agreement that every section, paragraph, subdivision, clause, p hrase word, and provision of this Agreement be given full force and effect for its pur- e pose. l.2 Jurisdiction and Venue. The laws of the State of Texas govern and are appli- cable to an dis ute arising under this Agreement. Venue is in Corpus Christi, Nueces Y p Count Texas, where this Agreement was entered into and must be performed. Y, l.3 Nonexclusive Services. Nothing in this Agreement may be construed as prohibi- tin the Subreci lent from entering into contracts with additional parties for the perfor- g p mance of services similar or identical to those enumerated in this Agreement, and nothin in this A regiment may be construed as prohibiting the Subrecipient from re- g 9 ceivin com ensation from such additional contractual parties, provided that all other g p terms of thisAgreement arefulfilled. Gaadwill C4C Agmt.doc Page 9 of 12 l.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. l.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 CSC Compliance Affidavit, which is attached to this Agreement as Exhibit C and is incorporated into this Agreement by reference. Any failure by the City to supply the Subrecipient with any other applicable laws, regulations, ordinances, rules, or policies not stated in Exhibit C does not waive the Subrecipient's compliance there- with as required by law. ?.6 Disclosure of Interest. Incompliance 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 com feted farm, are incorporated in this document by reference as if fully set out in this p Agreement. 1.1 Certification Regarding Lobbying. Subrecipient shall complete the Certification Regarding Lobbying form, which is attached to this Agreement as Exhibit E, the con- tents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. (EXECUTION PAGES FOLLOW) Goodwill C4C Agmt.doc Page 10 of 12 i f Executed in duplicate originals this ,~ day of - .I~ , 2009. ATTEST: Armando Chapa City Secretary Approved as to form: F l 2009 , v Eliza ' th R. Hundley Assi ant City Attorney for the City Attorney ACKN~wLEDGMENT 1~i~TH~R~~E~ ~ Cti~I~ClI., •r M e p• _. *irulr~l..«~.........r . SF~~~TII~Y , STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § knowled ed before me on ~~~ , 2009, by Thls Instrument was ac g `An el R. Escobar, City Manager of the City of Corpus Christi, a Texas municipal home- 9 rule corporation, on behalf of the corporation. ~~~~~~„~ ~- ~, HolLYHOUGHTQN ~`= MY C~MMlSSIQN ~J(PIR~S .. ...fir '*"' Seplember~4, X112 _~~~~ Notary Publi , State o exas CITY OF CORPUS CHRISTI r ~%d~~'~ `A .Escobar ity Manager Goodwill COC Agmt.doc Page 11 of 12 SU~RECIPIENT: G4~DVIIILL INDUSTRIES OF SQUTH TEXAS, INC. hJ ignature ~_ i.- zu~ y Date I~w ~S Qw~~. Printed Name Pre~~d~'T~ C~~ ~E ° Title ACKNGwLEDG~IENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § r a ' rument was acknowled ed before mean ry ~ ~ , 2049, by This inst g , ~~}~ ~ ~/, - , in hislher capacity as the of Goodwill Industries of South Texas, inc., a Texas non-profit corporation, on behalf of the corporation. -~~~f,,, D~B~A H. 80Y1~ r ~~~~.~. `'`,'~'~~ Not~~yPublic, 5tateofT'sxas :~ My Commission ~xpi~es ~' ~~~:~' Ma~Ch 31, ~0 i 3 a~ _... Notary Public, State of'fexas Goadwili CSC Agmt.doc Page 1 ~ of 12 .. ~~~~ 11~ ~: i~-~t~~~~~~~ ~~ ~Uppt~~Ti~'~ ~GUS~~~G p~GGR~AM ~~~~wa~ GIANT" r~GR~~M~NT This Grant Agreen~~nt i~ made ~y and bct~een the ~Jnited Mates ~]epartrnent of ITousing and urban .~cve~o n~ent ~~UI~} and _the ~ecipient4 which ~~ described in section ~ ot` P 1~ttachrnent a, attached hexeto and made a part. hereof`, Tlhe assistance. ~~hich is ~e s~~bject of .this Grant agreem.~nt is authorized by the Mc:~inne ~'~enta ~omeie~s Assistance Act ~~ U.S.G~ 1 ~ ~ ~ ~ thereafter ".the apt"~. fine terra .I F ~ ~ ~ `;gram" ~r "gra~~t funds" means the assistance prav~ded under this ..Agreement. ~h~s grant a reement. will be governed by the .Act, the ~~uppo~~ive ~~o~using rule ~odi~'ied at ~4 Cpl ~~s g which is attached hereto and ma~:e a part hereof a~ AttachYnent ~, and. the l~vtice o~ Funding ~r ilabilit NC~~a that vas r~b~ished in t.wa arts, r~"he First. part way the PE~iicy ~eq~tire~nc~~ts a a y~ } p p atad General sect ion of~ the ~lG~ A, which ~~as p~.~biishe~ Marc~~ ~ ~, ~~~~~ a~. 7~ p`R ~ ~~~~, and tine second art ~°as the ~dnti~au~~.n~ of Fare ~:o~~eiess ,~s~~ist~ance ~prc~gra~~s Goa Sec~txr~~~ ~~f the p N~.~~'a, w~~iLh ~r~~s p~;tbiisltec~ duly 1~, ?~}~~~ at'~~ ~ ~3~~~. T"he tertn ,fappiicaton~, ~nean~ .the c~ri inai and rene~vai app~i~atian snh~tissons an the basis of which a Grant was approved by g ~U~~ inciudin the certifications and assurances and any it~~rmati~n or dacu~.entatian re~nired ~ ., , . to meet an rant award cond~tlans, The ppitcat~an is ~ncorpc~rated hereto as part +~f this yg ~ reernent, however., in the event of conf~i~t: between the pravisic~ns of t~~~se documents aid a~~y g rov~sion c~ntaincd herein, his Renewal grant Agreement sham cantr~i. T'he 5eer~tary agrees., p ~~ sub'ect to the tetras of the Grant agreement, to provide the .grant f ands in the. a~nQunt spe~~ftcd at section ~ of Attach~n.ent ~ for the approve project de,~crbed in the a~~iic~ation. 'T'he Recipient r ~ ertns of the Grant ~ Bement, to use the grant fads for eligible activities agrees s u~ ~ ect t~ the t durin the .grant term specified at section ~ of attachment ~. g ~~he Rc~ipient must prc~~vide ~a 25 percent cash match far supporti~re services. The Reci dent a reel to comply with alI re~uirenients of this Grant Agreement and to p g. acre. t res onsibilit far such compliance by any entities to which it makes grant ft~nds available. p p y ~'he Reci lent agrees to participate in a local ~orneless Management information System p ~~MIS~ when implemented. ~"he ~:ecipient and project sponsor, ifi any, will ~~at knowingly allow iltegal a~:tivities in any unit assisted with grant fonds. ~~hc 1~~:~:ipicnt ,~gr~:~'s tc~ cir~~uF grant ~f~~~~ds at iea~t cl~~~~rtcrly. . u~ Christi EXHIBIT ~ qty of ~vrp T'~~~~~B~J~1~~~1 ~t~~ notil~cation~ t~~ the ~.cc.°ii~ic~~t ~h~al he tc~ ~:hc ~~ddre~~ ~~ the ~.ecipicnt a~ ~r~itten above, ~~nle~~ l~[~D i~ otherwise advi~cd ~~~ ~~~x~itin~. Re~~il~ient ~~~~ti#ications tc~ I~UI~ shall he to the I~UI~ ~`ield office cxecwutin~ the ~ran~. ~~reenxent. ~]~~ ~~i~l~t, l~cnefi.t, or advant~~e of the Recipient hereunder be a~si~~ted without prier ~~~ri~ten t~pproval of ~~~. For any pra~~ect funded by this ~~~ant, which ~~ also financed through the use of the low Income lousing "Tax Credit, the i"ollowi~~~ applies: ~I.TD reeogni~e~ tizat tl~e Recxpie~~t or the pro~cct sp~~nsor wild yr has ~"xnanced this pr~aje+~t through the use cal' the Low-Income Dousing `~~~. ~'redit. T}~e Recipient or project. sponsor Khali he tine general partner of a Ii~nited pa~.~er~hip farmed for that.. ose. If' grant funds we~~e use-d .for acquisition., rehabilitation or. construction, then, throughout a period of twenty years from the date of ~~a~t~al oc:cu a~tc ox the initial service pro~rision, the Recipient c-r project. sponsor shall p Y cont.in~te as ,general partner anal shall cnst~re that the pray ect is operated in accordance ~c~rith fihe requirements of this grant ,~greeme~~t, the ~.pplicahle re ulation~ a~.d statutes. p'u~~;h~:r, the said l.i,rnit~.ed partnership shall own the ~ x project site tl~~ro~ghc~~ut that. twcn~ y_year pcr~od. tf grant l~unds were. nit used for acc~uisit~on, rehabilitation or new? cc~nstruction¢ then the period :hall not be twen:t.y ~e~.rs, bc~t shall he for the teen. of the gx~~~nt agreement anal any renewal thereof. failure to comply ~=ith the ter~r~~ ~f this par~.raph ~ha~~ cc~n~tit~.ute a default under the grant Agreenaente default shall consist of any use of grant :funds for a p~u-pose .other than as authorized by this grant ,~ r~e~ment, failure ~~~ the Recipient"s duty to prc~vidc the supparti~3e housing for tl~.e ,. ~ , ~n~mu~ turn ~n accordance ~?ith the rc~uiren~ent~ cif' ~'~ttach~nent A, nor~co~r~pliance v~ith the pct or ~.ttachr~ent ~. rovision~, any ~~t,her n~at,eri~l breach off' the rata. Agreement, or • y ~ f ~ y ~ • ~~~~i~re reserttat~ons ~n the appl~cat~on subn~~ss~ons ~thich, ~f known by ~tl~, would have resulted p in phis rant not being provided. upon due noti~;e to the ~~cipient of the occurrence of and s~~ch de~`ault .and the rovisior~ cif a reasonable opportunit~~ to ~°espond, BUD fnay take one or more of p the l~ollo~?~ng, actions: ~~,} direct the Recipient to submit progress schedules for corr~plet.g approved aGti~rities; ar fib} issue a .letter of warning advisi~~g the Re~~ipient of the default, establishing a date b which corrective actions must he completed and puttinl~ the Recipient on Y notice that more serioti~s actiotas ~,iil be taken if the default is not corrected car ~s repeated; ter f e} direct the Recipient. to e4tabli~h and maintain a ~nanagen~ent plan that assigns responsibilities for carrying. out remedial actions; or ~d} direst the Recipient to suspend. disc~c~nti.nu.e or not incur costs fc~r the affected activ its; or fie} reduce or ~•ecapture the grant; or +~i.ty of ~'orpus Christi T;~~~.4l~b~o 1 X80 1. I ~~~ d~re~~t the ~e~~~~i~~~~t to rei~~~ur~~ clue ~~•a~,ran~~ a~:~;aunt~ ~"~~~~ ~ast~ ~naP~r~~~r~ate ~{ ~ha~~~;ed to ~~te ~~rr~~rr~~t a~~ 4,~ eatatinue the ~~•ant v~ith a ~uh~~.itute rc~i~ient c~~' ~~tJI~`s cl~aa~in~; ar ~.h~ ether a prala~•~at~e ac~tiun inel~~din~, lout ~~at ~ix~~zted to, any remedial action legally 3 ~ available, such a~ aff~r~r~ati~F~ lit~at~t~r~ ~ee~~ja~ dec~aratory.lud~~ex~t., ~~ec~fic .. . ~e~c~r•manGC. damae~. tern~arar~~ car ~e~~ancnt ~n~r~nct~.~an~ ~ncl acv ~t ~-r available remedies. No dela ~ a~ arnis~i.a~~ by Hl~~~ ~~~ c~erci4i~~~ ~u~y ra~ht ~r r~n~ecly a~~ailable t~ it ender tl~i~ ~ran.t A ~~reeme~~t ~l~~ll im air any ~~ucl~: rtht ar remedy car canst~t~~te d v~ai~~r car acquie~cen~e gin. ~ ~ an~~ recipient ~el^aul.t.. Fir each o rating year i~~ w~~ieh fuiadir~~, i~ re~;ei~jed, tl~e ~ec~xpient ~~~11 file annual eertificatia~~~ ~~ith ~~~ drat the su~pa~ive hawing hay bee~~ provided in aecardane+~ ~i~ tl~e r~~uiret~~nt~~ ~l` dae ~~r~t ~reement. 1'bi~ grant A reer~~ent con~titute~ tl~e e~~~ire agreement betv~een ~e parties hereto, ar~d ~ s • ~ ~ ~ ificall .the ma l he a~~ended anl~ ~n ~~~t~~~ e~.~cut. by ~~~ and the ~ec~p~ex~t. l~~re ~ pee ~.. ~eci i~nt shall ~~ot ~}1~~~ a re~~ ~ie~~t~. lc~ea~~ar~~ ~er~~ic:e~, ~r pa~~l~tian to ~e seree~ nar ~~,i~~ ~ ~ ~ ,. .. more than 10 extent ol` funds from one ap~ro~~ed .:type of eltxhie act~1r~ty to another, or make • r an other ~ignifieant change, ~1rthc~ut e prior ~~~•~tten appra~al of ~U~. y ~it~ of ~arpu~ +~hri~ti ~"~~O~~~b~al~~al t ~ ~1I'~'~~ ~ TA~'~S C~~ .~M~R I~.~ ~e~:~e~ary ~~~ ~ous~~~ ~~~ ~xb~ ~~~~~~apm~nt -~~~ ~~n.atut ~ a~n~ ~3ate ` P~~~~t na~n~ ~f` ~ig~ta~~~•y ~~et~ t~ffi~~ Dir~~~.~r 'Ti ~i~ ~~ ~~NT ", a~~ a~ ~~~~,ni~a~i~an ~y: ~~ A~ ~I . E~~~ba~ ~ri~~~ ~~an~~ of ~~~~~~r~ ~i~ I~an~ ~r T~... ~`~tl~ ~`~~~ oaf corpus Christi '~~~4BbJ0 ~O~Q 1 ~~~~w~~~~~~A.4r~ 1.. `~~~ ~~~~~~~~~~~ €~ the ~'i~~ ~~ ~"~~~~.~~ ~"~risti. ~ ~~~~~ ~~ta~ ~~~~t~ ~~~l~~ta~~r1 ~~i' C~liw ~ '~ ~ ~ -i:r uiiu~.~.L~:t1 i~~ ~~~~L~~~; a. L~a~~ ~n~ ~ Fl ~'. C~ratit~~ c~,~cs c~, H~~ -~~~~i.i~lJ ~lii~~~ ~. ~~~~~~~ t~i~ ~~re~t~~r~t ~~~~~ ~~~~~~~a~ ~f`ec~i~~ ~~~ u n ~~a~ exe ~ ~ ~ut~~r~ ~~~~~`~~ ~~ ~~~t~e~ urn ~~:~~:utia~n, t~~~ tee ~~' ~~~~ ~~rz~~en~ ~~al~ gun from Re~~p~~~~t'~ ~i~~ ~~-~~•~~~~~ ~a~ ~r~~~r chi ~~~iu~~ ~~~~t A ~eu~e~t ~r ' ~" , ~f ~h~ L~r~g~nal. ~ran~ Ar~~~~nt ~j~~ ~~~~~~~~~~ t~ ~x~~~~~ ~~~ ~.~~, the t~r~~~ ~ Ch~~ ~ rem ran ~rat~ ~~~ ~n~ cif ~~+~ ~n~ ~~~,~~ ~~~n~x~~ ~~~' tie t~rz~~i~a1 C~r~t ~~~rn~ut ~~ru~ far a ~~iu~ ~~ ~n~ gar ~~i i~l~ ~~~t~, ~~ ~e~n~d j ~ ~~ the ~~t a~~ ~~t~~~hm~ut ~, ru~~~red h~~~~ra t~~~ ~r~~ ~f R.~~~~i~n~'~ ~`~nn~ ~~~ra~in~ ~ und~~ ~ Sri Ana ~~~r~em~~~, ~~ ~~t~u~i~r~ t~~r~~~~, ar~±~ ~~~~ ~~~~u~ic~~~ ~~' this ~~u~w~~ ~~n t ~,~r~~meu~ a~~ay ~e ~~~~t~ ~~~ ~un~~ r~~~ the ~~~~ ~~~~n,~ ~~~r ~f phis ~:~~~~u:~~ ~.~ nt. ~i~~r ~~ ~c~~au~ ~hr~~-t~ ~'~„r~~~~~~~~~T ~ P~~~ ~~~--~-S~PP±~RTI~E ~~~~~~.~~ P~C~~RAM ~~ul~purt A~~neral Sc~~~ . ~.~..j. ~ t~X~,1U~~ tlili.~ ~#.tfE1L ~~~,~ ~e~initions ~ul~par~ ~---~~~~~tanee Prn~7id~d ~~3: Ioo T~~pes .and uses of assi5~~nce ~:3. i ~~ Grants i~or ac~uisitior~ and roh~~il nation ~~~.11o Grants for. ncv~~ construction ~~:~.1 ~ ~ Grants for ~ea~in~ ~~:~. ~ ?0 G~yar~ts for su~r~.iWe .~er~~ice eons ~~.] ~~ Grants #~~r o~eratin costs ~~.13o C~omnaitment of grant a~r~ounts for lcasin~, s~~p~c~rtive serrrices, aE~d operating costs ~~~.1 ~5 ,~dmini~tratve cosfis ~8~,1 ~~ Tecl~rsica~ as~ist;ance ~~:~.1~5 latehin~ requirements ~~.t5o Lirn~itations on use of assist~~nce ~8~.1 ~5 C"onsolida~ed plan ~u~par~ ~--App~icatiun and grant Award Fraees~ ~~~,~~~1 ~~pplieation and grant award ~~.~~~ ~n~-ironrne~~tal review ~~:~.~~~ renewal pants ~u~part ~~Pra~ra~ R~qu~remen~~ ~~~,~if~o General operative 5~~.3~~ Term o~.con~mitmer~t; rep~~n~ent of rant; pre~ienti~n of endue benefit ~~~.~ ~ o ~isplaee~nent, relocation, end ac9uistion ,~~3,~ ~ ~esic~ent rent ~~~,~~~ bite cantrol 58~.2~ ~ondiscriminat~on and e~~~al tippo~.unity requirements ~8~,~:~o Applicabxlit}r of other Federal re~uiretnents ~ubpaxt ~~-dmi~u~tra~iun 5'~~ .4~o Grant a~reernent ~1~:~.405 prv~ram changes ~~~.41o Gbli~ation and deohli~ation of funds. At~'T~iC~~ITY: ~~ LJ.S.G. l 139 and ~~;~~~d} ~C~G~R~~: S~ F'R 13~?1, l~ar,1~, ~~~~, un.less otherv~ise noted pity of ~vrptts ~hr~st~ T~oo~4B~101o~01. '~u~part A-~-C~enern~ ~~~~ l Purpose and sc~upe. ~a~ C~e~~~~a~. "The Supportive Hausin~ Program is at~th~.~ri~~;d by title IV ~f the ~te~~~art B. M~~~.inney f~omeless Assistance Act the Ivic~inney Act) (~~ t~.~,t;~, I t .~~ ~ ~ I l w~h~l. 'i~he Suppacti~°e Hawing pr~gran~ is designed tc~ primate the deg{elopment of suppo~ive h~?~~~in~ and. s~~ppc~rtive ~e~r~{ices, ineludtng innovative ~~pproaches to assist han~eless persons irr tlae transitic~rr from homelessness., and to promote the pravisic~n of .supportive hosing tc~ homeless persan;s to enable them to live as independently a~ passible. the ~"c~rrr~~c~nc~rr~:~'. ~ut~ds under €his parc .nay he used far; 1 ~ Transitiorral hat~sing tc~ facilitate the move.€xrent of ~honl~less individuals and families to permanent h~using; ~?;) Permanent housing that provides fang-terra hu~~~ing for homeless persons with disabilities; ~3} ffousing that is, ar is part af~ a particularty innovative proj~t fdr, ar~ aiternati~}e methods af, nrteeting the. irnn~ediate and lang. tern needs of homeless persons; or ~4} ~upparti~e services far hon~el.ess persons oat provided ire ct~~~unctiar~ with supportive hauling. :~8 x.13571, Mar, l ~, ~ 9~3, as amended at ~1 1~1Z ~ ~ l ~5, Sept, ;~~, l ~~~~ ~ 53.5 ~Jef n~#lons As used in this part; A~p~r'ea~rt is defined in section ~~?~ ~} of the N1cKit~rtey Act ~~~ l~.S~ l 13~~~1 ~), Far purposes of this definition, gv~=er~i~ent~i entities include th~a that have general gc~ver~nmental powers such as ~ cit.y ar caunty~), a~ ~wel1 as those that boric limited or special powers .such as public hauling agencies. ~~ansQ~~d~ted Starr means the plan that a ~urisdictian prepares and submits tv Ht~1] in accordance with ?4 ~F~ part ~I . ~~te of irt~tt~ut crc~crcpurxc~ means the date that .the supportive housing is initially occupied by a hvrn~less person far ~~ham HI.~L~ provides , assistance under this part. ~~ the assistance is fc~r a~ existing hr~meless facility, the c~~r:~~c~ ~a, f inr'~~~I v~~~tr~,~nc'~7 is the date that services .are first prc~~~ided to the residents of supportive housing v~ith funding unde~~ this part, .. ~~~~' ~ Iit~tl~ .t"~T`1!`lG~ ~I~C)~'~s~UY! 1T1~'~an~ the date that .suppartivye services are initially prUVided with funds under this pay. to homeless persons who da oat reside in supportive housing. This definition applies only to projects fended under this part that da nc~t provide supportive ht~t~sir~g. ~i~s~Iai~r~~~ is defined in section 4~~~2} of floe 1~1~41~in~ey Act ~~~ ~',5:~ 1 l3~?~~~~. ~Q~e~~s~s ~~~r.~~c~~r n~e~ns are individual or family that is described in ~se~tion 1~3 of the Mc~inn~y Act (~~ ~.~.C l l~a~}. I~~~rop~Iitc~n rit1, is defined in section l a?~a}~~} of the Housing and community l~ev~elopn~ent Act of ~ 97~ ~4~ ~l~.S,C ~~0?~a~~~;~~~. fn general, metropolitan cities are tho4e cities that'are eligible far an entitlement: grant under ~4 C~ part 7Q, subpart D. ~~~f ~~xtstr~~~ti~n means the building of ., a structure where none e~c~yted ar an addrtran to an exrstrng structur:~ that increases the oar area by mare than l percent. ~p~r~tin~ r~s~st is .defined xn seGtian. ~~~~~~ of the Mc~in~ey Act ~~~ Cl.~.~ l l ~~~~~~}~. ~t~rpatr'e~t~ i~!e~~th s~r~~rp.s is defined in 4ectian ~~~~~} of the h~:c~.inney Act ~~~ ~.5,~. l 1352~h3~,. ~~~rnr~n~~t 1~~~s~n~ far hr~~c~t~~cs ~~r-#sc~ns ~#i~h drsa~i~~tie~~ is defined ~n seetic~n 4~~4~c~ of the McKinne~r Act ~~Z ~~,~.~ ~ 13~4~c~~, . , ~'rrvc~e n~~~ar~fif ~,rgc~r~r,~a~i~n is def~n~ed in sectia~n ~~2~7'~ ~~-~, ~B l~ and ~~~ of the Mc~inney Act f~~ tJ.S~C, l 138~~7} ~A~, (~~, and ~~~~, The organi~atian roust also have a functioning accQUntin.g system that is :operated in accrrrdance pith generally accepted accc~untirrg principles, ar designate an errtity that will maintain a functioning accounting system far the organisation in a~cardance v~ith generally accepted accounting principles pity of corpus ~hri~ti T~oa~~~ X10 ~ osa ~ ~'r~~~~c~~'~ is defined in s~~ctic~ns ~~'~~~~ and ~~~~d} u~"the ~~c~inn~y Act ~~2 f•i.~.~:'. Ic'~~~r'~r~~t is defined in section 4~~{~} of clue Mc~~it~ney .A~1t ~~2 U.S.~'. ! ~ ~$~~~}~. It'~~hc~~~i~~~~rttt~rt mean4 the in~p~•ove mej~t c?r rep~.ir ~7f a.n existing structu~"~ or an additit~~1 tt~ an ~'~-l~t~n~ ~trtl~'~tlr~ that does nc~t increase the fi`I~~ar area by ~n~~re than SOD pe~•cent. Rehabilitation d~~s nc~t include minor or routine repairs. S~ut~~ is defr~~ed in st~ctian ~~?(11 ~ Cal' tl`~e ~lc.inney Act (4~ t).5.~. 1 ~ :~~?~ 1 l ~)~. Sup~~r~rt~~~~~ l~c~~srrr~ is defi~~c~d in se~.~tian ~~~~a ~~f tl~e I~~rl~.inne~F A~~t ~~2 ~,5.~. l 131~4(a}). ~S'u,~~~~r~i~yc~ ;~~rr~ir~~~ is defined in 4e~:ti~a1~ ~~~ of the Mcl~inney A~:t ~~? t~.S.~ ~ l :~$~,~~. T i~~..s~~ior~al i~rau.~~r2~ is defined in section ~~~~b} cat' the l~cl~in~ne~j .Act ~~Z tx.S,~. ~ t ~~$~~b~~. See also ~ ~$3.~~~~j)~ *rr~i~~~ is defined in se~.~tic~n 1 t)~ of the l~~usi~g and ~;ammunity I~eveloprnent Act: of ~Ir~~ur~ c~f~~r2~~3 is defined in section ~ D?~a)(~j of the lousing and ~c~~n»ur~ity :l~~velal~ment Act of 1 ~7~ ~~~ C.1.S~~` ~~~~~a)~~}~. F,~ general, u~:ban counties a~•e Those counties ghat are eligi~te for an e~~titlement grant under 2~4 APR part ~~~, subpart ~. ~i l P,P .~ l l ~ ~, Sept. ~~.19!~~;~ 5nb~art ~-~~s~is~nc~ ~'ro~ided ~~3.laa ~`~rpes ..and u~@S of s~s~ance. Via} ~rc~r~t a~s~~i~~~arrc~. Assistance in the foam of grams is available far a~guisitio~ of structures, rehabilitation of structures, aGquistic~n and rehabilitation of structu~~es, neuJ construction, leasing,, operati~~g costs far supportive housing, and supportive services, as descried in ~§ ~S~.l~,~ through 58.1 ~~. App! rants may appl }' far mare khan o~~e ly pe of assistance. ~b~ ~}~GS v~`~r~~t (~.~"`~is't~r~~.yr~. grant assistance may be used ta: ~ l ,l Establish new supportive housing facilities or new facilities !o provide supportive ser~~ices; ~2) Expand existing facilities in order to increase the nr~mber of homeless persons se~•ved; ~ ~ ~ Brim e x fisting facil ities ~tp to a lev~ei tljat t~~~~tts State and lc~ccal gnvernme~~t health tend sai~~ty standardsf. i4) Provide additional supparti~~e ~er~~i~~:~ for xe~ident~ +of ~uppc~rtiv~ housing ar for homeless persons not residing in suppa~~tive hc~~~s~ng, ~:~}Purchase HUI~-aurned single family properties currently leased by the applic~.r~t for use as a homeless facilixy under ?~ C~ pa~~. ~9l ; a~~d (b} ~on~inue funding supportive h©using where the recipient has received funding under this .part for leasing, supportive se~•viGes, ar operating cysts. ~~} ~'~rrucrtur~~° us~~ f ar rrruirti~t~ ~ur,~r~~~~~~ Struc.~tut~s used to provide supportive housing car suppo~~ivc services nay also be used for other purpc~~ses, except that. assistance under this pair will be a~lailable only in proportir~~ to the use of the structure ter supportive housing or suppa~•tive services. ~d~ ~~~c~~r~i~cr~ ~,~s~r~°tur~ce. ~~~I~ may offet~ technical assistance, as dascrbed i~~t (~$ ~ 1 ~$~ ~, :ar. ~ ~, ~~9~, as arnended at S~ I~R ~:~~~ ~ ,July 19, ~ ~~~ ~ 5~3,1~~ C rams far acquisition and ~r~habiti~atinn. ~a~ ~'~~. ~l~D will grant Funds to reci~ent.s ta: 1 ~ Pay a portion of the cost of the acquisition of read property selected by the rc~ipier~ts for u~ in the provi~ian of s~ppQrtive housing or suppvrti~je services, including the repayment. of any outstanding debt an a loan ~.ade to purchase ~rope~y that has not lien used prev~ivusly as supportive hausi~g ar Fob su~part~ve ~ervires; ~~~ Pay a port~vn aF the cast off` r~habilitatian of structures, including cost ~Ff~~ti~~e energy measures, ~e~ected by tie recipients to pravi~de supportive housing or supportive services; or ~~~ Pay a portion of the cast. of acquisition and rehabilitation of ~truCtures, as de.sc~~ibe.~l in paragraphs {a}~ l }and ~2j of this section. pity of corpus Christi T?~t~~4B~~D i D$~ 1. ih~~~~r~r~~~~rr~. Tl~e ~~~~~xi~~~u~j~ gra~jt ~~~~~tilE3blc fa~~ a~~quisitic~t~, rcha.l~ilit.atit~a~. ~~r ai:~uisitic~n and ~•ehabilitation is the lower ~~f~; l .f $~~~.~~; ar f: ~} 'i'l~e total cost of thc~ ac~uisitiotx, rehabilitation, ar acquisition and rehahiiitation minus the applicant' ~ contribution tawa.~'d the cast. ~C~ ~~i-C~'~~.4~l~ ~~~~rUt~~~.ti. ~n ~r~a4 d~~termit~ed by ~~IC~D to have high acquisition E~~~d rehabilitation casks, grants cyf mare than ~'~,~1~. but not nlc~re than ~~~1,(l~), may° he available. ~~~.l~v [~r~n~s fvr new canstruc~vn. Via) t~se. H~1D will grant funds to recipients tc~ pav a pc~rtit~n ref the cost cif nee' canstructir~n! including cost-ef~eeti~=e e~et•g~ rnea~ures and the east of land associated v~~ith that cr~nstruetion, for ust~ in the provision of supparti~~e hauling. If the grant fu~~ds are ~~se~ fc~r new €:an~tru~}tian, the applicant must demonstrate that the costs associated with new construction are substantially less than the costs associated with rehabilitation o~° that there is ~~ la~~l~ al' available appropri€~te units that could he rehabilitated at a cost. less than ~xew constru~~tiolx. liar purposes of this cast cnn~parison, casts ass~aciated with r~habi~it~.tion car nev~j cc~nst~-uction gay include the cost of real property acquisition, fib} A~~~~u~~r. The maximum grant available for new canstructiart is the lower t~f: ~~} The fatal cast of the new const~etion, including the cast of land associated with that construction., rn~nus the applicant's contribution toward the cast of same. ~~~.1.1~ ~rant~s far easing. Via} ~n~rui, ~~~~ will provide grants to p~Y has described in ~ ~8~.13~ of this part} for the actual costs of leasing a structure or structures, or portions thereof, used to p~•ovide supportive housing ar supportive services far up to five ~~'ars. ~b~i, l } ~.sr'r~~ s~r~cc~tr~rc~s. where grants a~•e used to pay rent for all ar part of structures, the rent paid roust be reast~nable in ref atian to rents being charged in the area far comparable space. In adtiiCi~n, the rent paid may not exceed rents ~~urE°er~tly tieing t~harged hy! the same ov-#ner ~~~~- comparable space. (?~ ~~r~.~irr.~ izdr'~~ir~r~a~ xxnits. 'There g~•~ti~t:s are used to pay rent far i~adividual housing units, the rent .paid must he reasonable ~~~ relation tQ rents being charged for ~;~~mpa.rable units, taping into acco~~nt the location, sire, tripe, quality, amenities, facilities, a~ad ~a~~agemenr ~ervic~es. in addttiort, the rents r~na~~ not exceed rents t.~u~~ently being charged by the same Uwner for cam arable unassisted units, and the po~•tian of rants paid with gra~~t fttnds may not exceed. ~U~-determined fair market. ~ent°s. Recipients may use grant funds i~ an amount up to one month' ~ rent to pay the non-recipient landlord far any damages tc~ iea4ed units by ho~cl~~ss A part~crpant~. j.~8 I~ ] ~~~' 1, ~~~~r. l ~, ~ ~9~~, as amended at 9 pR ~~g~l, July 1~, l~~~J 83.~~0 C~ra~ts ~'or supporhve servie~ cvs~~. ~a} e~~~r~r~~. ~~U~ will provide grar~ta to pay t,as described in § g~• 1 ~~ of this partl fir the actual casts of supportive ~;er~~ices far l~~meless persons far up to five years, Ali or part of the supportive services may be pr~avided directly by the recipient or by arrangement ~~~ith public or .private service pviders. fib} ,~t~~~~~iv~ .~~~r~~ices rc~.slis, Costs asa~iated with providing supportz~ve ser~°ir~es include salaries paid to prt~viders of 5uppartir~e ser~*ces and any ether costs directly associated with pra~riding surf services. far a trantiitic~nal housing profit, supportive services costs also include the casts o~ services provided ~a farrne:r residents of tra~ta~itianal hawing to assist their a~~ttstment to independent living. Such services tray be provided far up to six months after they lea~re the transitional housitag facility. ~8 l~R 13g~' 1 ~ Mar.1 ~, l ~~~, as amended. at 5~ ~'~. ~~8q l, 3 ul y l 9, l ~~~~ ~ ~~3,~~~ bran for nperat~n~g cvs~s~ ~a} tx~r~~~•aI. ~D will pra~'ide grants to .pay a portion has described in 5g3. l ~~~ of the actual operating costs of suppa~tive housing fc~r tip to five years° bbl C~peratrn~ roars: Operating costs are those associated with the day~taday operation cif the supportive housing. They also include the actual expenses that a recipient incurs for City of Carpus Christi T~~~4~~iJQ l Ul~~l c~}ndu~~ting an-4~t~ing assess~net~ls of the supportive se~~~~i~;es needed .b~~ residents a~~d th~~ a~la.ilability of such services; rc~locatiora assistance under ~ ~R~,31~, including pa~lments anal se~•vices; and insurance: {c~ ~?~ei~i~1~# ~natc~~ r~ga~r.r ~-n~rrt fca~• ~~~~rar~n~ ~.~~sr.s. }assistance far aperating costs will be available far up to 75 percent of the fatal ~~st ire ~a~~ yc~di ul~ ii~c ~~a~r1 u~~~f~. `I~iE~: i~c;itti~~~~ must pay the percentage al' the actual operating c~~sts nc~t fuT~ded by l~C~~. ~t the end ~f each N operating ~+ear, the recipient must demonstrate that it has met its match requirement of the cas~.s far that year, ~ ~ $ l~`R 1 ~ ~~ 1, .Mar.1.5, l 9'~:~, as amended at ~ l ~.l 1 "~~, dept. ~~,1 ~9f ; ti.5 ~ 3~8~~, May 1 Z, ?00~~ ~~~,~ C+arnrnitment of grant amounts for basing, supportive services, and operating cash Upon execution of a grant agreement eaverxn~ assistance for leasing, su:pparti~=e. services, or operating costs, I~~JD will obligate arnaunts for a ,period nat. to e~tceed five operating years. The total amount abligated will oe equal to an amount necessary far the sp~efied years of operation, less the recipient': share of. operating casts. ~~ppraved b~ the Office of Manageme~~t and Budget under ~M~ control nu~n~ber ~Sd~l 1?} [~9 ~ :~.~~91, duly i9, ~~9~}~ 5~3~~~~ ~dmini~trative cvst~s. ~a~ ~Fr~~~a~. Up to five percent of any grant. awarded under this part tnay be used for the purpose of plying casts of administering the assistance, tb} A~~~ninis~rrur~~1~ c~.srs. ~d~ninistrative costs include the e*asi~ assacxated with accounting for the use at' grant funds, preparing . .. reports far. subm~sstan to ~~ nbtatn~ng pragram audits, similar costs, related to administering the grant after the award, and staff salaries associated with these administrative casts. They da not include the costs of carrying out eligible activities under ~~ ~83.1~~ through Sg3.l ~~, [~~ FR l 38'1 1, N[ar. I ~,19~:3, as amended at ~ i .p`R ~ l l 7~, dept, 3~, l 99b~ 58~~1~ Technical ass~stancc. Via) ~`r:~raPru~, ~U~ may ~~t ay~de ~trnds annu~aliy tc~ p~~ovide technical assistanc~~~, eitl~~e~~ directly by HUD staff' or indirectly through thix'd-party ptaviders, for any supportive housing project. This techr~ica! assistance is far the purpose of promoting the development of supportive housing and supportive se~~rices as part cif a continuum of care approach, including inno~~ ti~~e ::pp~~aach~~~ tc ~~s~i ~t hcr~clc~~, personas in the transition from homelessness, and promoting the provision of supportive hauling to homeless persat~s to enabte them to live as independently as pc~ssihle. ~b~ ~,~°~~~s n,~ t~~e~nic~c~ a;~~~~tartc~~. ~L~3 nay use these :funds to provide technical assistance to prospective applicants, applicants, recipients, or other pray=idea of supportive hau~ii~g or sere-iGes far ham~less persons, for supportive housing. projects. The assistance may include, but i~; nt~t lirn~ited ta, v~~ritten infarmatian such as papers, ~nanographs, manuals, ,guides, and brochures; person-ta-person e~cohanges; and training .and irelated costs. ~c~ ~S~~ectia~r r~~'~a~•av~~~r~~, From tine to time, as H~ determines the need, Hlw.~ ~na~! advertise and ca~npetitively select pror~it~ers tc~ deliver teek~nical assistance. I~L~D nay enter ~n~i! contracts, gCantse ar 1,, 1.+Vp~~~Lt~~=~,• agreements,. vuhe~n necessar~~, to~ implement the technical assistance, ~~~ ~`R ~~8q2, duly l~,1994~ ~5;~. ~~~ Matching requr~rnents. ~a~ ~~r~~rr~t. The. recipient must match the funds provided by ~~fl for grants far acc~ui~ition, rehabilitation, and never construction with a~a equal amount of funds frc~mi other .sources, ~b~ ~~sh r~~.so~~rc+~:~. The matching ftcnds must be cash r~sc~urces ,provided to the praje~t by one or mare of tl~e fallowing: the recipient, the federal government Mate and .local governments, and private resources. Vic} ~uin,~~nar~ce ref e~vrt. State a~~ local government. funds. used in the matching. cantrihutian ore subject to the maintenance of e~fart requirements de4cribed at ~ ~53.15~~a). § 583.10 Limitations an use a~ assistancc. ~a~ ~larr~tenar~~e of effort. No assistance provided under this part far any State or local gay=ernn~ent fu~~ds used to supplement this pity ol` ~a~pus Christi TXU~24B~~O i 08~ 1 ~~ssista~~ce~ play be used t~~ repla~~e 5t.atf~ o~~ Is~~~~a1 funds pI•evic~usl~~ used, or design~~ted fc3r usc~, tc~ assist homeless persc~l~~. (b~ .~"~rr1r-~c~~~~d cu~ri~;rri~~s. ~ 1) C~rga~~i~at ions that. ale religious or l~r~ith-based are e.ligil~le, un the salve basis as any c~tl~er organisation, to participate in the SE~ppc~rti4~e Housing Program. Neither the Federal gavern~nellt Il(~t' a Mate car Ic~Cal gc~ve~-nment. rccciving fllnd~ ullder ~uppc~I•tive 1~~~}using programs shall discriminate against dI7 organisation on the basis of the orgal~i;~a.tical~'s rel~igiaa~s character ar affiliation. ~~~ C~rgani~atians that are directly ft~Itde~I under the ~upparti~~e Housing ~'r'ogr~tnrl Inay vat engage in inherently religi~~u~~ activiti~.ks, silc:h as ~u~arship, rel igau4 inst~•u~°tion, or prc~selyti~ation as pay al" the programs car ser~~iecs funded under thin part. If an organi~atic~n conducts ,such activities, the activities must be offered separately, in time ~~t. lacatiol~, fl~an~ the prog~~al~ns ar services funded. under this part, and participation n~:ust be ~~aluntary far the beneficiaries Qf the HL'l~- funded praral~s or services. t3~ ~ religious nrgani~ation that par~ticipate~ its the Supportive Housing Program will retain its .independence fraln Federal, .Mate, .and local g~~verntnents, and nay continue to carry out its Inissic~n, including the definitir~I~, practice; and expression of its.re~ligious befiefs, provided that it des n+ot use direst Supportive pausing Program funds to support. any inherently religious activities, such as worship, I~eligiaus ilastru~tian, pr proselyti~atian..~mang ether ~thin,gs, fath~based organizations may use space in their facilities to provide Supportive i~ausing ~'rogcam-funded services, without removing religit~us art, icons, srript.ures, or ether religious syl~l~ols.ln addit:i~an, a Supportive Hausin~ Program-#unded r~l igic~us organisation retains its authority aver its .internal guverr-anc;e, and it may retain religious terms in its organi~atian's valve, select its board tnen~be:rs can a religious basis, and il~elude religious references i~~ its organi~atian's mission statements and +other governing dacument.s. ~4} ~n argani~atian that participates in the Supportive Housing pra~rax~ shall not, in providing program assistance, discri€ninate against a program beneficiary or pta5pective prc~gl~a~n benel~~~iary° ~~n tlae bads of religit~n car religious b~'lief. ~,~} Program funds may ~~ot be used fc~r the ~~c~uiitial~, ranstrurtic~n, or rehabilit.atiol~ of structures tc~ the extent that those structures are used fc~r inherently religious activities, Pragralr~ funds may be used f~~r the acquisition, canstruc~tiany or rehabilitation of structures c~nl~F to the extent that those structures are used ~~ar conducting eligible activities under this part. ~S-'here a str~~rture is used for both eligible al~d inherently religious ac:ti~jities, program ~ful~ds may not exceed the cast of those. portions of the acquisition, constr»ction, or rehabilitation that are .attributable to eligible activities i~~ accorda~~ce with the cost a.ceounting requirel~~e~nt.~ applicable to Supportive Hauling program ful~ds in th%s .part, anrtuarie~, chapels, or ~~er raf.~ms that a Supportive H.t~using Frag~am-funded I'eligiaus congre.gativn uses as its principal place of worship, h~~wever, aI•~ ineligible far Supportive Housing l'rc~g~~a~n- fund~d improvements. l7ispasit:ian of real property after the term cif the grant, ar arty c~l~ange in use of the property during the term of the grant, is st~bject to government- wide .regulations governing real property disposition ~~~~cj 2~ ~ parts ~~ and 8~ }, (:~} if a Mate ar local government voluntarily contributes its owr~ funds t:o supplerrlent f ederally funded ktctl~f~t~es, the Mate car heal government has the option to segregate ..the Federal funds ar comt~Iingle them.. However, if the funds are cnlnmingled, this seetit~n applies to .all of the commingled funds., fir} ~~~rrt~ip~rrt c~~trvi ~f 'site.where an applicant does vat prapa~e to have conical of a .site or sites but rather proposes to assist a homeless family ter individual in obtaining a lease, which may ~rtclude assistance ~~iith ant pa~rlnentS and recetv~ng Suppc~rtlve services, after ~vhich tune the fancily or individual remains in the same hou;~ing without further .assistance under this part, that .applicant may nc~t request assistance .far acquisition, rehabilitation, or new canstructiol~. r.~$ Fri l ~13~' l , ~ar.1.5, l X93, as amended at 59 F>~ 3~5~~~ July l ~,1993; ~S FR ~~4€~'~, :Sept. ~~, ~0~~1 583.E 55 ~anso~i~nted ~~nn, f:1ty of corpus ~`hI•isti T0~24~~~1~08~i ~a'~ A~~f~~ic~a~rt.~~ t~r~t ~rr~~ :.~'r~t~~fi c:~1' i~rtr~ ~~ ~f ~~~~rr~:3~a1 i~~ra~ ~}~~~~~~~~r~7.~r~t. Thy ap-pli~dr~t ~nu~t h~~ve a ~-iC.~D_appra~led complete or abbreviated consolidated plan, in accorda~~ce with ~~ tr'p'R part. gl, and mint submit a certification that the application for funding i4 consistent u~ith the H~7D-approved ~~ans~alidated plan. funded applica~;ts ~r~ust certify in a grant agreement that ~h~;' ;u•P fr~rl~;~~~r~g t~-~ HC~~ `~ppf;a~<<e~ ~a •. v 44. rt A i 4 L consolidated flan. #,b~) .~~~~ii~=arits t1~~t c~r~ trot Stut~~s c~~• ~~n~t~r ~~~'~crn~r~a~ J~cal ~o~r~rr~rn~n~. Th~~. applicant must .submit a ~:ertificatiot~ by the ~urisdictioa~ in which the proposed project will be located that the applicant's application ft~r fending is consistent with the .~ urisdiction's k11~`~3 approved consolidated ..plan. The certification must be r~ad~ by the unit of general lacai gaver~~r~errt ar the :Mate, in accordance with the cc~n~istenc:~~ certific~tic~n prc~vi~ions of the cansolidatc~d plan reg~;rlatians, ~~ +CFR. part. ql, subpart l~, ~ c) ~n~art t r~c~,~~ r~.nd t~~ ~~tE~l~tc~r ~. r°E~c~~~ n;~' ~~~r~, rho ~:~ S'. Vir•,~in Ts~c~~ds, Arlr~rrr~rn ~~rnn~, c~~rd rye Nnrt~t~~t ~~ri~~~~r ~'s~c~nd~. These entities are not required to.have a consolidated ~la.n yr to make consolidated plan cert.ificaitions. ~n application by ~n Indian tribe or other applicant far a project that will be loG~:~ted on a reservation ~f an ludian trine will not require a certification by the gibe or tl~e Mate.. However. where an Indian tribe is the applicant for a project that will rat be located on a reser'vatian, the ~~equirement fc~r a certification under paragraph fib) of this section wild apply. ~d~ ?~i~zn~ ~~'cart~~~~~ir~d pun c.•~rrrfc~~tvn ~~~brni~si~vn~sT. Unless otherwise set Earth in the N~F~, .the required certification :that the ~p~~catvn far funding is consistent with the H~T~-appr+oved ~c~n~olidated .plan must .submitted by the funding appli~catian ~uhmission deadline announced in the N~~~`A. :~~ ~ 1b3~~, Mar. ~~, #~9~. ~u~part ~~--~ppliea~c~n and grant sward praees~ ~g~.2~ ~pplicabon and grunt award V~hen funds are made available far assistance, .HUD will pttblish a notice of funding avaiialaility ~N~~~} in the ~I~~~~ RE~ISTET~, in accordance with the requirements Qf ~~ C~ part ~. H1JU will review and screen applications in accordance with the ~~equirement.s ire section ~;~~~ a#~ th~~ cl~in~~ey .pct t4~ li.~.C, l l ~~~) and the guid~4lines, rating criteria, and pr~~cc.dur•c~s published ita the N~.I~A. G l FR ~ 1 l ~~. dept. ~~, # ~~f 5~3.~~ii ~nv~ronmenta~ rep-~ew. ~a3 Actirjities under this pare are subject ~~! ~~~...~ ~'~:;'~I"~J~n'),~~~t~l r;~~alali,~r~~z +~i ~uii .~~~ ~3: this title., e~-cepl that HC~~ will perform an environmental review in accordance with pair ~D of this .title prior to itc approval of any ~~ar~ditic~ttally selected applications far 1=~i5cal Fear ~ and prior y°ears that v~lere received directly f~~c~rn private nonprofit entities and gc~~rernrnental entities with special ur limited. put~pose powers. paE~ activities under- a grant that generally would be subject to review under part ~8, ~~~~~ may make a finding in accordance ~~ith ~ ~~..1 l (d~ anal ma.y itself perfn~ the environme~~tal review under the provi5ians of part ~~ of this title if the reoipient objer~ts in writing to the respoiasible entity's perl'arm:ir~g the review under part ~~. Trres~pective of whether the responsible entity in accord with p~ 5$ ~c~r ~tl~ in accord with part ~~) perfarrns the cnv.ironmental review, the reCipie~~t shall supply all available, relevant infonrnation necessary far tyre responsible entity for HUB, if applicable to perform far .each property .any e~~vironmenti~l review required by this partE The recipient. also shall cagy out mitigating measures required by the responsible entity ~vr HUB, if applicable or select ~lt~er~~ate eligible property. HU~.may eliminate from consideration any applicaCion that would require an ~nviron~nental Impact ~taternent ~~I~}. fib) 'The recipient, its project .partners and their contractors may not acquire., reh~biiitate, +~onvert, lean:, ie~air, dispose of, demolish or construct pra~ty fc~r a project under this part, or comfit yr expend HU~7 or local .funds for .such eligible activities under this part, until the respans~ble entity ~a~ defined in ~ 5~.~ of this title} has completed the environmental revieu1 procedures required by part ~~8 a:nd the environmental certification and RRt]~ have been approved or H~~~ has performed are en~riranmental review under part ~~ and the recipient has received HUD approval of the property. HUU gill not release grant funds if the recipient: ar any other party commits grant funds ~i,e,, incurs any costs or expenditures to be pain City Df Corpus Christi T~~~2~~~~~ ~. ~S~ 1 or rc~in~burs~~d with such t'u~~ds~ bcfc~r~° t~r~s recipient srrb~nit~ and l~l1l~ apprc~~~es its l~l~~F (v~~here su~i~ subrr~issic~n is required}. ~t~~ F.l~ ~b l ~ l ,Supt, ?~, ~~~~~ ~~3.~ Reny>v~~a~ grants. ~a} ~~~~ra~. grants made under this part, and graE~ts made ~rnder subtitles t~ a~~d D (the Su~pc~rt.~~rca l~n~~sing ~~tt~r~n~tr~ti~t~ ~r~~~ SAFAH, respectively of the Stewart ~. l~[c~rnney Homeless Assistance Act as in ~;1f~ect before ~etober ~~, l ~~?, may be rcnewcd on a nc~nct~rr~petiti~rc~ basis to contin~~e ongoing lasing, opcration~, and supportive services for additional years beyond the initial funding period, ~'c~ be considered for renewal fundi~~g fear ie.asing, operating costa, or supporti~~c scr~Iices, ~•ecipients must submit a request ~'or such funding in the form .specified b}' ~L'D, rn~~st meet the regr~irements of this part, and must submit regr~est~- within the ti~~~e pe~~iod established by ~[.JD. ~b~ A.~.~rs~~~nc~~ r~}~c~i~~l~~. The fiat renev~ral will be for a period of tune oat to exceed the .difference between the end cif the initial funding period and ten years from the date of initiail occupancy or the date of initi;~! ser~rice pro~lision, as applicable. Any subsequent renewal ~°ilf be ft~r a period of time not t~ exceed five gears. Assistance during each year oaf the ~•enewal period, subject to maintenance of effort requircrn~nts under ~ 583.1~~~a) nray be for: t I } lip to ~~ percent of the actual operating and leasing costs in the firral year Uf .the initial funding period; ~z~ tlp too the amount a~' ~l~ assistance for supportive ser~~ices in the. final y°ear of the initial funding period; and ~ ~ An allowance for c~t~4t increases, ~c~ ~~~3 rev~e~~. { 1 } HAD will review the request for renewal and will evaluate the rccipient7 s perl`ormance in previous years against the plans and goals established in the initial a:pplieation for assistance, as ameT~ded. HHD will approve the request for renewal i~nless the recipient proposes to serve a populaticin that is not homeless, or the recipient has not shown adequate progress as evidenced by an unacci:ptably slowl expenditure of funds, car the r{ecipient has been unsuccessful in assisting participants in achieving and maim.dining i«dc;pe~rd~snt 1 i~~i~~g. In de.termi~~'rng the ~'ccipient' ~ s~~ccess in assisting pa~•ticip~~~ts to achie~~e aid ~t~aintain independent living, ~;~~nsidcration will be given to the level and t}ape of problems of participants. For recipients with a poor record of success, HUD will also consider the recipient's willingness to accept technical assistance and to make changes suggested by .~ t:c~l,~~~~a, ~ssisi~dtic~e pr~c~vicfers. ether factors which will offect ~U~D'~ decision to appro~~e a renev~°al re~ue~t include the following: a cantinuir~g :hititory of inadequate financial mana~en~ent accounting practices, ind.icatio~~s of mismanagement on the :part of the recipient, a drastic reduction in the population served. by the recipient, pro~r~m changes made by the recipient ~rithout prior HIED approval4 and lass of pr4~ect site. ~2~ HIJD reservefi th~~ right to reject a request from any organization with an. outstanding r~bligatit~rt to HAD that is in arrears or for which a payn~ient schedule hay not been agreed to, or v~hose res.panse tti an audit. l"'inding r ~ ~~ c~~erdue or unsatisfactory. ~:~) ~i~ID Mill noti f y the recipient in writing that the request has been appro~recl car . d~sappr'oved. ~Al~~roved by the ~lffice of l~anagetnent and budget under control number 2~~~0.1 l~~ ~ub~art ~---P'ragrnrn Requ~ren~ent~ a~.~.~QU ~~~er~ ~pern~ion. t;a~ S't~t~ ~n~~ ~nc~~aj r~quir~~er~ts. each recipient of assistance under this pad must larovide l~ot~sing or services that acre in compliance v~~i~h ill applicable State and local h~~usir~g codes, licensing requirements, and any other requirements in the jurisdiction in which the prp jeer i~ lbcat~d ~egardi~g ~l~e condition of the structure and the operation tai"` the housing or services. fib} F~~~irc~bidit~, ~t~n.~ur~s. l~xcept for such variati~rn~~ as are proposed by the recipient and approved by HIED, supportive housing must meet the following requirements: ~ 1 ~ ;~~r`xtcture a~~ ~!reria~s. The structures roust be. structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the residents from the elements, City of Corpus Christi T:~~~~~~TOI(~gol . ?) ~~~c~c~s's. ~'hw housing nest lac ac~~~.~ssible and. ~~ttp~tbl~~ o~ being utilized witltaut ut~authori~c~d use of c~tlaer pri~~~tte properties. ~tru~.~tures trust provide alternate means of cgtess in case of 1'ite. (3~ S,~cxcc~ u1tc~ .~~c~c•r~riry. Each resident must be afforded adequate space and sec~~rity, f~~r themselves and their belongings each t•estdent must he provided an acceptable place to sleep. (~} ~rt.tc~r~tc~r ~~a• c~~tr~li~~~. Ev~'~ rc~~tn~ ~~r space must be provided ~v ith natural car mechanical ventilation. ~t~.tctures must be free at pollutants in the air at lever that thr~yat~;t~ the health of residents. ~~~ W~~~~r.s~~~rr~'. The ~at~xr suppl~J roust be f ree from contatninatian, ~b~ Sc~rtit~r~=,~r~r.~~rrre~s. residents must have access tc~ sufficient sanitarv~ i'acilitie~s that are in pros operating canditiota, may be used its privacy, and. are adequate for persc,~nal cleanliness and the disposal of human waste, ~~~ T~r~rrn~~ art ti~rrvn.~r~~rtt. The lac~using must ha~~e adequate heat.i,~g andlc~r caolit~g facilities in proper apperating c~Qnditian. ~~~ I~Ia~~n~~~rr~r. ~rt~' ~~~c~r~ri~~. Tl~e hausit~g must :have adequate natural car art:ificiak illumination to per~it rtarma.l indar~r activities and to support the health and .safety of t°esidents, Sufficient electrical aurces must be provided to permit use of essential electrical appliances while assuring ~f e~y fr~c~m fire. ~ ~ F~n~d ~r~~p~ratr~rn ~rtc~ r~~'i~,s~ r~~:~~~~~~~I. ill foal preparation areas must contain suitable space and equipment to stare, prepare, and se~•ve fnod in a sanitary rrtartner. ~ l q;l ~~an~~ar~~ ~~nditivn. The laausing and any equipment must be maintained ix~ ~anitar~~ conditi`an, x:11} ~'irc~ s~•f~jt~~, l:i}.Each unit must include a~ least one battery-operated or hard u~ired smoke detector, in proper working condition, nn each accupie~d level of the unit Smvkt detectors trust be located, to the extent. .practicable; in a hallway adjacent to a bedrac~n3. ~f the unit is occupied by hearing- impaired persons, smoke detectors must have an alarrrx. system designed for hearing-impaired persons in each bedroom occupied ley a hearing-unpaired person. (ii ~ The public ar~;as ~ji~ all ltc~ttsing mina, b~~ ~~quipptci ~~~ith a sufficient nutt~ber, but ~~tr~t less than one fot• each area., ctt battery-operat~~~l ~?r hard^wtred sn]ol`.e detectors. ~'vl~l~c areas include, but are not. limited to, laundry rrrams, community rooms, day care centers, ltallways, stairwells, and other cc~rnmon areas. (c~l 11~1~~1.s. fiach recipient of assistance unt~er this part who prarrides supportive ho~ising fc~r ht~tneless rsotts with disabilities .must provide meals car meal preparatiuta f`acilit.ies for residents. (dl ~n~n. s~r~ c~~~a4~~ssrn~nt ~r~'st~~,~c~rtr7~~~ ,S'~'~~x~.`eS. Each recipient of a.ssis~nce under this part trust conduct an ongoing assessment of the supportive services required by the residents ~~f the :project attd the availability of su~~h services, and Male adjustments as appropriate. l,e l R~~~•ic~~rxtic~~ a~'t~~~r~~t~sir~n. Each recipient of assistance under this part must provide residential supervision as necessary to f~~cilitate the adequate provision of support~.ive services to the t'esidents of the housing throughout the term o~~ the cot~~mittnet~t to operate: supportive housing. Residential su~e~`~~ision may include tl~e etnplo~~n~ent ol" a fall- yr part-time. residential super~~isar with sufficient l~no~ledge to .provide car t~~ super~~ise the prc~visit~n af'supportve services to the t~eside~nt.s. ~f) ~'~tr~t~t~c~ti,~r~ ~~' 1x~m~~e,~~s ~~r•~~c~ns. ~ l ~ Eaclt recipient trust provide for the participatirr~n cif homeless .persons as required in section 42~~,~) of the l~Ic~inne~r :pct (4~ ~.~,~. l l ~~G~g~}.This requirement is v~raived if an applicant is unable tQ meet it and presents a plan fir HUB approval to otherwise consult with homeless ar formerly homeless persons in considering and making policies and decisions, See also ~ 5~~.~~D(e3. ~~?Each .recipient of assistance under . t is part trtust, to the ma~tmum extent practicable, involve homeless individuals and ~an~ikies, .through employment, volunteer services, yr otherwise, in constructing, rehabilitating, maintaining, and operating the project and in providing supportive services for the project, fig) .~~c~rds ~~f~d r~~o~ts, Each rec; ipient of assistance under this part must beep any records and ma;~e any reports including those ~it.y of corpus Christi T~0~24~fiJ~ 1 ESQ ~ pe~~ta~~~:rx~ to ~'~~ce, ctl~n~c~t~r, ,ender, a~~d ~lisability st~t~~s data) that l~~l~ m~~y t~egttir~= u~'~tl~tn tl~~, t1iT~~I'~.me r~'~tl~re~l, ~h~ ~o~~'rc~~lnti~z~ir~~. each recipient that provides family violence pre~vtntian o~- treatm~.~nt ser~rices must develop and in~ple~net~t pCacedUres to ensure; 1 }The c~anfidentiality of records perta~n~n~ to any lndlvidual services; and ~2~ That the addressor lnGa.tic~n of an~~ project as.~isted will not bG made public, c?~-eept with written auth~rri~atian of the person ar persons responsible fc~~• the c~peratio~l cif r.l~c pr~~jeci. ~:i) ~'~~r~nir~~tic~n o~'1~~r~~~r~~~ ~~.~.~ri~~~~c~r~~.~~ . T e re~:ipient nay t~~rl~n~nate assistance to a pat~i:cipant v~-~hc~ vi~~lates prtc~~r~~m rcq~~irc~~~ents. ~.ecip~ents sh~ulc~ te~•n~inate a.4sistance only in the most severe cases. l;~ecipients may resun~e assis~an~e to a pa~•ticipa.~~t ~Fhose a.ssistt~~~ce~ was previousl~r terfninatcd. to ~rm~i~~atin; assistar~cc in a participant; ~e recipient must provid~y ~ l'r~rm~l process that ~:~cagni~es the rights ol= individuals r+~ceivin~ assistance to due pru~:ess of law. This proeess, at ~ n~ir~irnum. must cc~c~sist cif: ~ 1 ~ 1~ritten ~~Qtice to the participant containing a clear statement of the rc;asons for ter min ation; ~~~ ~. review of tl~e decision, in whit/h the ~partic~pant is liven the vpp~~rtunity to present written ar oral c~~jections befo~•e ~ persc~r~ ~th~r khan tie person far a subordinate of .that roan} ~rha mu.de or approved the tcrrrti~~atir~n decision; and ~~~ f'rc~mpt written notice of the final decision to the participant. ~ ~ - . r . ~j~ ~ir~rt~ttnn ~~ ,st~~, i~ rran:sttc~rau~ hv~.~iy~~. ~ h~omele~s individual u~• family nay remain in transitional hnusin~ for a period l~n~er than ?4 months, if permanent lac~usin.g for the in~ivid~al ar family has not been located or if the individual or family' requires additional time to prepare fQr independent living..How~~ver~ l~[~~3 may discontinue assista~ncc f tar a transitional housing project if rna~~e than half ol` the homeless individuals or families remain in that project longex than ~~ months. ~k~ ~t~~~~ctient ~~~~ttl~ st~rti~rc~~.~. ~ntpatient health services provided by the ~'~y~c~il~ic.~~~t tt~t~st be ~ppr[)~'c'd as appr~~p~-iate by~ HI.~~ a~ad tl~e ~epartrne~at of health and ~-~~~n~a~~ ~er~~iccs QI~~-~~;}. ~pr~n receipt of an appli~~ati~~n that propose the prc~visic~n of outpatient health sc~rvic~~s, I~~~~ wi ll cansuit with ~~~ «=ith respect t~~ the apprapr•iatG~ness of the prop~~sed ~~~ ~r~ra~~u~ as~stsrunc~~,~. Rccipie~~ts wh~~ r~t~cxve as~rstance ~~n(y ~~ar leasing, aperatin~ ct~sts ar supportive services costs rr~t~st provide an annum ass~~rance for each year such assistance is rtceivcd that tie project will be operated far th~A purpose specified in the xtpplic~ation. lAppt:oved by the ~f~c~e of ~ana~ement and l~~~d~et u~ader control number Z~~11 ~.j ~5~ ~~. :~~~ l , l~!lar. l ~d 1 ~9~, as an~encled at ~~ fill ~fi~~~, duly ~1~, 194; ~~ p~ ~l 17G, ~ept.:~~, l ~~b~ ~ 5~~.~ '~~cm of commitment; re~u~Fm~nt n~f ~rants~ prevention of undue bene~t~. (a~ ~ ~rrn ~ f ~c~~rr~~~~~trr~nt and c~~~rt ~~~r~~r~~~n. l~ecipic~nts must agree to orate the housing or p~a~=ide ~upporti~~e serviGe~ in accordance Frith this part and with sections ~4?~ ~b}(1 ~ and {b~(3~~ of this l~c~in~aey Act, (4~ ~wS.~. 'l l 31~~~b}(l ~, 1. I w~8~~b~~~~}. ~'~~ ,~~a~~n~nt~ ~~gr~!~~.t ~nd,~re~r~~~rl~r~ r#~` ~~n~u~ ~~~n~,~t:~. ~n acct~r~ance with sec~ian ~~~~c) of the cinncy ~.ct ~~~ ~1~.~~.~. l ~~~~~~~~, ~~D will require recipients to repay the giant unless ~U~ has authorised conversion ~~f the project ~tn~er ~~c~tion 4~,~~h}~~~ of the l~icl~.~nney pct X42 i~.~.~`. 11 ~~8~~b}~3~~. (f~ l l~R 51 l ?~, dept, ~~,199~~ ~ ,~$~~~~.~ Di~p~cennent, rela~~io~, end ., nc~u~~~tion~ (a~ :h~inrrn~~~~a~ ~'i,~~~ac~~~ni. consistent with the ether ~a~ls and objectives cif this part, recipients must assure that they have tal~en all reasai~abte steps to rri~nimi~e the displacement of persons ~fami~ies, indiviau~ls, busittesses, nanprol~it organizations, and farn~s~ as a result of supparti~1e hou~in~ assisted under this part. fib} T~~~~c~~tion assistun~Te~f~r ~~~s~~c~~'~~~ ~~r`.s~~~ns. ~ dspl~:ced person ~def inch in .paragraph ~f} of this section} must be provided rel~x;atian assistance at th+~ levels described in, at~d in accr~rdancc wiih, .the requirements of the L~niform Rel;atian assistance and Deal ~~t~r of ~c~rpus ~hr~sti TX~~~~B~J~f ~ l P~•c~p~;rty A~;~luisiti~~n f~olicies r'~.ct cif 1 ~3~(:1 tt~A} 4.~~? ~.~.~5.~'. ~~C~l~b~~3 and in~pleR~cnti~~g regulations at 4~ ~'FR part ?~. ~ct~ ~t~~! ~a~~~s~?rf~~~~ r~.~~c~~ti~~iti~~n r~~~i~ r.'rr~r~~~r~ts The acquisition of real prope~•ty far sUppc~rti~-e housing is subject to the I~R.A and the ~~egt~irements des~:~~bed in ~9 Cp`R pa~~t ?~. sut~part :~, ~d) ~~~:spr~ni~~rhi~~t~~ ref r~f~si~i.~~j~~~i 4.1 ~ ':'he ~~ec~pient rr~ust certify (i.~., prc~vidt~ assurant~e t~f c~~z~nplia.nce) that it will comply with tl~e l~~l~A, the r~gulatians at 4q ~~R pad ?4, and the requarcrnents o ~ this section, a~~d m~rst ensure such compliance t~r~twithstaaadi~i~g ~n~t third party's contractual obligation to the recipient cc~ comply ~°ith these pt'airisions, (~} The cast of required relocation ~~ssistanc~e is an eligible project. cast in the sar~~e manner ~~id to the same extent as othe~~ pr~~ject. costs, Su~.~l~ costs also may be paid fc~r ~~~ith lac~al p~~blie f ands ar funds available from other sources. ~:~~ The .recipient must ntaintai~l ~~ecc~rds i~~ sa.fficicnt clc~tail to den~nnstrate ~:c~mplianc:e Y i i i ~ Vl~~~th p1'C3vIS1011~ of this scct~on. (e~ ~~~is. A person ~~ho disagrees with.the recipient's d~tern~inatiQn cunce~-ning whether tht~ person qualifies as a "displ.ac~ed person," or the amount of relocation assistance for which the person is eligible, may bile a ~n~~•iCtett appeal of that determination with the recipient. p A ow-~n~:ame erson who is dissatisfied with the recipient's determination on hid or har appeal mad{ 4ubmt a written request fur review of that deteriminatiar~ to the THUD field office. ~f`l ~~~~tt~r'c~~ n~'~is~~ac~~ ~ei,~c~r~, t; l l'~r purposes of this section, the term "displaced person' ~ n~ea~r~ a person tfarrrily, individual, business., nonprofit argani~ation, or farms that moves from real property, ar ~~aoves personal property ftc~m real property pe~rrna~~ently as a direct result of acquisition, rehabilitation, or de~mc~litian for sapportive hou~irtg prajec~ts assisted under this part. 't'he term "displaced person." includes, but may not ire limited to. . ~ ~ } A person that moves permanent 1 y from the real property after the property owner far person in cantroi of the situ issues a vacate nati~ee, or refuses to renew an expiring lease in ardor to ~~v~~de the rc~spo~~sihility to l~rs~~~ict~a ~'elaLatic~n ass~sta~~Ce, ~f the mo~~e occurs an r-r~ a~Ctcr the date the recipient submits to I~L~D the application or application amendment. designating the pro~+~ct site. (iii Any parson, including ~- person whn moves before the date described in paragraph ~~~~ 1 ~~i~ of this .action., if the recipient car H[ ~~ determines that the displac~etne~~t resulted diz•ectly from acquisitinn, rehabilitation, car detnolitian for the assisted project. t;iii} A tenant-occupant of a dwelling r~nit who moves pet-manently ~~om the b~~ildinglcorrtplex can or after the date ul' the Y ki.nitlat.ipn c~~f negotiations" use--e paragraph ~g.l t~i~ this sectinn} if tie move c~curs before the tenant has. been provided ~~ritten notice c~fferir~g him or .her the opportunity to lease and c~c~c~apy ~~ suitable, decent, safe and sanitary d~ijelli~~g in the sa.rrte buildingl corr~plex, under reasonable terms and conditian~, upon crarnpletion of the pr~a~ect. Such reasonable terms and conditions must xnclUde a monthly rent and estimated a~~erage monthly utility casts that do not. exceec# the greater of: (A~ The tenant's monthly rent before the initiation of negc~tiati~ns and estimated a~°era.ge ut~#ity c~ast~s, or ~~~ ~~ percent of gross household i~~come., ~f the initial rent is at car near the rna~imum, there must lie a reasonable basis far concluding at the time the prc~~ect is initiated that future rent increases will be modest. ~iv~ A tenant ref a. dwelling who is required tv ~;eloeate temporarily, but .does not return to the building'Gomplex, if either: tA~ A tenant is not offered payment far all reasonable ~ut~o~ docket expenses incurred in coinnection with the temporary relc-cation, of t;B~ Other conditions of the temporary ~~elacation a~•e not reasonable. (~~ A tenant of a dwelling wlaa Hooves tram the buildingicomplex :permanently after he ar she has been required to move to another unit in the same bt~ilding~co~nplex, if either: ~,A~ The tenant is not offered reimbursement for atl reasonable out-vf-pocket expenses inc~~rred in co~~nectian with the move; or pity of carpus Christi 7'~~[~~4 BbJ~ 1 LSD 1. ~~? ~tl~e~' cc~nditiur~s of~ tl~e ~~~c~~-~x ar~1 ~~~~t r~s~~s~~nabl~~. {~! I~otwithstal~din~ the pruvisia~~,~ cat paragraph {~~! } of this section, a person does rat qualify as a ``displaced person" (and is ~~ot eligible for relacation assistance t.~nder thG L~kA A nl' thlS ~eCt:l~r~},1~'; ~ i ~l The arson has been ev is ted fear ~~-er~uus or repeats vialatian of the terns ar~d canditi~~ns of the lean car occupant}r agreement, v~olatlon of a livable federal State ' pp ~ , oI lac,~l ti~~~ tribal .law, or other food cause, a~~d JJLIi~ detern~incs that. the evict:ion was n~~t t~nclertake~~ fur the purpose of evading the ~~bli~atian to provide relocation assistance, iii}The persa~r mo~~ed into tl~e p~•aperty ~t`ter the sr~bmission of the applicati~~n anal, before si~nir~ a lease and conrmen~;in g ~ occupancy, was pro~~id~d writtel~ notice. ~~f th~a project, its possiE~le impact on the person ~ e.g.,. the persona may be dis laded tem . orari! l~ ~ p y relocated, or ~ufter a rent increased .and. th~~ f~~c~t that the person would not qualify as a. `displa.ced person" ~ol~ for any assistance provided under this se~tion~, if the project is approved: viii) ~.'he person is ineli~iblc ulide~r• ~9 ~ ~~.~~~~)(~} or (i~'~ HUB determines that. the person was I~ot displaced as a direct result of acquisition, rehabilitation, or demt~litiot~ for t:he project, (~}The recipient may request, at any tune, ~1~~'s determination of u~hether a disp~aeement is or would he covered under this section. ,. (~} ~7~~t~rr.~~~ Q~'r~~r~~rrorr off. rz~~~rict~r~~s: For purposes of detern~i~~itr~ tho formula far computil~g the replacernc~r~t housin , assistance to l7e provided to a residential tenant displaced as a direct result of privately undertaken rehabilitation, dernolitio~~, or' acquisition of the real property:, tl~e terra ``initiation of negotiations" means the exe~:utior~ ai° the agreement between the recipient ar~d ~1~, ~h} ~e~nit~:nn Q,~prr~j~c~r, For purposes of this section, the term "project" means an ~lndertaking paid f~~r in whale or in part with assistance under this part. Two ar more at~tivities that are integrally related, each essential tc~ the others, a.r~ ~'t3ll~idered a single proje~~t, whether car I~at al! ca~npponent acti~~ities receive ~~ssist~~nce uncler thls part. (FAR ~ ~ ~8~' 1, far. ~,1 ~~3, as amended at ~~ :~~~~~, July i 9, l 99~~ 583.35 ~tesident rent. ~d} Ca~c~u~~xrit~n ref 'r~.~t~~c~txr rc~rtr, Each ~: houst~i ~ ~ q~ IGu tc~ pay as rent an amount determined by the rec~ipitnt which nay not exceed the highest of. ~: l ~ ~~ .pea°cenr ref the family's Y~nnnt:hly adjUSted inc~jlr~e (adjustment factors include the aumher of people in the family, ~~ge of family members, tl~edical expenses and r~hild care expenses}. The cal~culalion of tl~e family's monthly ada~usted income must incl~Ide the expense deductions ,provided in ?~ C~ ~,~ ! l ~a}, anti for persons with disabilities, the cai~~ulatican~af the fal~ily's rnonthlyf ad~utited ~ncc~me also ~r~ust include the disallowance cif earned income as provided in ~~ ~~R ~•fi~ ~1. if applicable; ~;?} ! o per~:ent of the family's rr~c~nthly gross income; or ~} If the family is re~:eivil~g p~yrnents l~or welfal°~ .assistance from. a public agency and a pad of the payrt~ents, adjusted in accord~~nc~e with the family's a~tu~l housing costs, is ~specificdlly de~i.gtaated by the agen~~y to n~e~t tl~e fartaily's housing costs, the portion of the payment that is designated far housil~g casts. (b} ~I.~~ c~'rp~zr, kesident rent maybe used In the ope~a~ion of the prc~~ect or ma r be I•eserved, in v~hole or in part, tt~ assist residents of transitional hc~usi~~ in naov~ng to permanent laottsrn~, ~c} ~'Cj~',~, In addition to resident rent, I~cipients may charge residents reasonable fees far services ~~ot paid with .grant funds. [ 58 F~ l 38~ l , ]I`Iar. l ~, ! 99~, as amended at 5~ FR 3~$~~, July l ~, ~ ~9~; ~~ F`l~ ~~~5, fan. l ~, ~~01 J § 583.3~~ its ~antro~. {a~ ,~r'~e cc~r~r~-r~l. t~ l }where grant funds will be used fir acquisition, rehabilitation, or new construction to provide s'apPottive housing or supportive services, or where grant funds will be used for aperattng posts of supportive housing, or where grant funds will be used to provide ~I~pp~t'tive services eXCept ~rhel~ an ~lty Of ~orpuS ~~1~'1~t1 T,~o0~4~ ~JD 1 X801 applicar~t will pra~~idc :cer•~~ic~~;s at sites ra~jt c~peratcd by the applicant, an applicar~t r~~ust demonstrate site antral before ~~~ ~~ill cxec~ute a grant agreement ti~~.~~., thrc~~rgh a c~~'Gd. lease, executed contract tsf sale}. If such sit:c~ c~ontrc~l i~ not demanstrattd within anc ~~'ar~ t~ftcr initial notification cif the award of assistance ut~cl~~r this part., tl~e grant. will Ue d~~Ubligat.ed as nr(~~f~[lc~ri i~ ri~rrw~T~~~1~ (("~ f~~~~~~~ w.~,,~t€C~!l. (:2} Wht~•e grant funds will l~ used to lease all ar part of~ a structure tc~ prt~vide st~ppartiv~~ housing or supparti~~e scr~~ic~ts, 07, u-.here grant funds wil! be used to lease individual housing units for homeless persons who will e~ventuall~~ control the units, site ~~antral need riot .be ciemonstratcd. t:l~) Sir~f ~~1rr~rr~~~. ~ 1 } A recipient €nav abtain ownership or control cif a suitable sil~a dil~fer~nt from the one specified in its E~pplication. Retention cif an assistar~~~e award is subje-ct to the new site° s rne~ting a!1 requirements under this part. for suitable sites., ~~} ~f the acquisition, i•~l~abilitation, acquisition and rehabilitation, or new cc~nstr~~ct~on costs far the substitutes site aic greater than t:he amount of the. grant aw~.rded for t~~e site spified in the aPl~lication, the recipient ~~ust ,provide fay ail additional casts, If tl~e recipient is unable to demonstrate to Ht~t~ that it is ahle to pra~~ide fur the difference in casts, ~:I? t~tay deobligate the award of assi~tai~ce. ~e~ ~'c~ii~urt~ t~ ~~~at~i~r .sits ~~{~ntr~~1 ~~i~~xin ~~~~~~ ~~~~~-, HUI~ wil! recapture or deahligate an~r award far assistance under this part if the recipient is not in contxol of asuitable 4ite before the expiration of one year after initial n~tificatic~n of a~~ award. 5~3,~2 l~lnrn~~sc~~n~nat~nn~ and eyu~l o~~rtunty re~u3r+~ment~. Via} G~~~r~~ad, Notwithstanding the perimissibility ofproposals that serve desig~iated populations of disabled harrieless persons, reci;pient~ serving a designated pppulation of disabled homeless persons. are required, within the designated population, to campl~f with these requirements for nondisci•iminati~n on the basis of race, valor, religion, sex, national origin, age, familial status, and disability. fib} .~t~rt~i.~"c~rr"mi~tatio.~ t~xc~ ~r~~~crl ct~~purt~~nity rc~~~irerr~~nts, The nondiscrimination .and equal appartunity r~cquircn~cnt4~ set forth at part ~ ~~1~ this title apply t~~ this pr~c~gram. `t'he Indian ~"i~~il Rigl~ts Act ~? t.1.5.C'. l :~~ l et seg.}applies to tribes whe~~ the~~ cxercist their powers of self'wgovernment, and to lr~diat~ ht~using authorities {1HAs~ when e~~tablishcd by the e~erci~c of such powers. when an lN~ is e4tablished under Mate laws the applical~.ility c~f.the Indian Civil Rights Act will ~~ Cl~tw~i'lliit~Li~ ~i~ u u~S~:_~y~~~~s~ ~d~l~, ~t't7)rC`l~ subject to .the tndiar~ Civil Rights Act n~trst be des~eioped and orated i~~ c~ampliance with its prt~~Fisic~ns and a!1 implementing HtJD regt~irert~ents, instead of title 'VI. and the fair Housing ~.~~t and. their implementing regulations. ~c~ ~ri~c~r~d~~~~~~~. ~ 1 ~ If the procedures that tl~~ re~~ipient intends to use to make knav~~rr the availability of the supportive housing are ~rnlil~ely to ~•each persons of any .particular race, cnlo~, religion, sex, age,, national origin, fax~ilial status, or handicap ~rha may gt~ali~y for ~ . admissr~r~ to th.e hc~ust~ag, the recipient must establish additional procedures that will ei~surc that ~ut~h persons can abtain ini'rarmatYan concerning availability of the housing, ~~.~ The recipient must adapt prc~cGdui~s to m~-ke available in~'r~rmation an the exi4terlc~~~ and locations of facilities and services that are ~~~ct.~essible to persons with a haz~dicap and maintain evidence of impl~n~entatian of the ~racedures. ~d) Acx~~~~:~°i~i~irs= r~~u~r~~~t~r~rs. The t~ecip~ent must comply with the new con~trtrctian accessibility re~uirem~nts o-f tl~e F~i~r Housing Act and section ~~~ of ~e Rehabilitation A.ct cif ~'~~'~, attd the reasonable accom~nadatic~n and rchabititatian acee~sibitity requirements of section :~~ as follows: 1 }All new construction must meet the accessibility requirements of ~~ ~F"R ~, ~~ a:nd, a.s applicable, ?~ MFR lf3o.~~~. {?~ Projects in which costs of rehabilitation are ~~ percent ar mare of the ~place~nettt cost of the braiildiug must meet the requirements of ~4 MFR 8.2~~a1. ether rehabilitation must meet the requirements al '4 G.I~R ~.?3{b}R ~ ~ $ FR l :i~71, liar. l ~,19~3, as amended at ~~ ~R ~~~~~, 3une ~D,1994: Gl ~R 5~1~, Feb. ~, l9gfi, ~! FR ~l 1?6, dept. 3~,1~~~~ ~~~.3~U ~-pplics~bi~ity of atber F'ederat requirement City cif ~`orpus ~'hristi T~t~D~~B~~JQ1~~17~ try additinn to thy' requiren~~~nts ~~~~ l~o~~h i~~ ~~ ~~FP l~~ ~, use cif assi5tar~c~~ p~•a~~id~~d. ~~r~c~er this part njtYSt ctamplr~ witl~ the l~c~ilur~~it~g Feder~~l reyui~•etr~ents; ta} ~~~~~~ i.r~.~~r~rc~~~~c~. ~ l } Tl~e F1t~c~c~ 1)i~aster Protection 1~ct of ~~~'~ t4? U.S.~ ~~ ~ ~ l ?~} prohibits the applo~~al of ~.~plications far assistance for acquisition. or +..LR .,,~Ttl4 ~,r4 i.11R. ~~~1r ~1~/~~~ ~Ir fu 1~~16ct~lltl,i/ 111 supportive housing located in an area identified by the Federal Emergency Management Agency, ~1~~~N~~-~~ as ha~7i~ag special flood hazards. unlcYss: ~~}The con~~nun~ty tit which tl~e area ~4 situated is faarticipating in the rational Flood tnst~rance .Program see ~4 MFR parts :~~ t.hrough ~~~, ~r .less than a year has passed: since FE~A notif ieation ~~arding such hazards; and tii) Flood ins~uranc;e is obtai~~ed as a condition of approval of t'he ap.plicati~~. ~~~ Applicants with suppo~ive housing located in an area identif ~e~d by ~~I~~A as ha.vir~g special flood ha~a~~ds a:nd recei~~ing assista~~ce `for acqui~itio~~ or construction (inclt~dir~g reh~~bilitatior~} .are responsible for assuring: that flood insurance under the 1~fational Flood Insurance Program is obtai~~ed and maintained. t:b~ The Coastal Ba~~ier l~csour~~es pct ~~f 19~~ ~Ib ~,~.~`. 3S~I ~t sT~c~.~ nay apply try proposals under this part, depending on the assistance requested. ~~'~ Ap~Zi~~~itrt~~ ~~~' ()1~~ ~'~rcztl~~r•:s, The pt~licies, guidelines, and requirements rrf ~~1~ Ciretrlar o. A~~7 host Principles Applicable to ~~rants, ~Contract~ ~trd ~th,er Agreements with Mate ar~d Local Gor~erntnents} and ~4 CFR part ~:~ apply to the ~wa~rd, acceptance, and use of assistance under the grogram by go~ernn~ental entities, artd ~NfB ~irc~tlar~os. A~l l~ ~~rarrt,s a~~d ~`oc~per~ttive Agreements with institutions of higher Education, hospitals, and ether ~onprc~fit t3rganizatvns,~ and A~-l ?? l~`ost Principles Applicable to grants, Cont~•ac~ts and Qther Agreements with l~anprafit rnstitutions} apl~l~' to the acceptance a.nd use of assistance by private nonprofit orga~rizations, except ~~he~~e inconsiste~rt with the provisio~xs of tht M~Kirrney .Act, other Federal statutes, o~~ this part, t;Copies of ~M13 Circulars may be obtained from E,~.P. Publications, room ~~UO, dew Executive Office Building, ashingtt~n, DC ~o~o~, telephone (2a?} 395-'~~~2. tTlris is not a toll-f'r~~~~ nu~~~ber. ~ "~"here is a limit ~~~ ~~°ca #'r~ye (d~ ~c~c-I~~aAti~~c~~arr~t, Th~~ Lea.d~Based Paint Pc~isor~ing Prevention Act 1.~~ U.S.~'. ~~? l ~~~f~~, the ~e5idential dead- lased Paint Hazard Reduction Act of 1'q9? ~4? U.S,~`. 4~~ l ~~~~~, and implementing regulations at laart ~5, subparts A, ~, ~, ~, at~d ~ of this title apple to ~~~~ir~ ii~~4 t~~i~ai~t~ this program. Vie) C"vn,rc<~.~• u~'irrt,~r~e~st. ~ 1) In ac~ditic~~n tc~ the conflict of interest requirements in ?~ ~'FR part ~~, noperson who is an en~plo~~ee, age~~t, ct}nsultant. ofificer, or elected er appair~ted o~ffic ial of the ~•ecipient and who exercises ar has exercised and functions or responsibilities with ,. r~esl~ct to as;~~ste: acttvttes, o~• why is ~n a po5itiat~ to participate in a decisionmal~ing processor gain inside :information with regard to such acti~riti~s, may obtain a personal or financial it~terest or benefit from the acti~~ity, ar . have an interest to any contract, subcontract. or agree~-en~ ~fith xespc~ct thereto, ar the proceeds thereunder i either for himself or herself or far those with whoa he or she has family or b~~siness ties, during Iris or her tenure or for ~~~~e gear thereafter. Pat~icip~.tian by hornele4s izrdiv'iduals who also are pa~ticYpants under the :program in policy ar decisonmaking under g~.~~~f} does Prot constitute a conflict of interest. ~~) ~pot~ the written request of the recipient, :~~ nay .,grant an exception to tric provision; of paragraph (e}4~~ of this section orx a case-by~ea.se basis when it: determines that the exception will serve to further the ~purpQSes of the .program and tlae effective and elf icient a~dtrrini~tt~tion of the recipient's project. An exception ,may be considered only after the reci~ierit has provided the following, (i~ For States and other goWernmental entities, a disclosure of the nature of the canflict, accompanied by an assurance that there has been public disclosure of the conflict and. a description of how the public disclosure was made; and {iii For a!l recipients, an opinion of the recipient's attorney that the interest for which the exception is sought would not violate State or local law. ~3~ ~n determining whether to grant a requested exception after the recipient has t~ity of corpus Christi Too24B~~Q~f3~~~ ~~~ti~f ~c~tarily met the r~~~~rirement ~~f~ l~t~r~~~~r~~i~~~ {~}~`~[~ c~fthis se~:tic~n. H~~~D will cc~rasider th~~ cr.~rr~r~lativ~~ ci'f~ect trl' the ~i~llo~~vir~g tractors, «~1~Gre applicable; ~ i } ~j Nether the exception wotrld prt~~~idc a significant cost benefit c}ran essential degree of expertise to the pxo~ect which would ~~ther~r~ise not. be~ xrvailable; ~rr~ Vvi~etl~er the per4an at~~ecteo iy a member cif ~t gro~rp or class of eiigil~le per'sc~n4 ~~ud the ex~.~ept.ian will permit such persc~r~ to r~eceir~~e ger~er'ally thc~ same interests or benefit. a.s are being made a~>ailable c~r* paRovided to the ~~~up orelan; ~rll} w,hetller tht' a~~~Gt.Gd per'sc~n has withdrawn tom leis or her funet.ions r~r respnr~sibilities, f~t• the dec.isic~nrr~aking prc~~~ess w~tl~ respect to thy: specrl"'~c ass~stcd ac~tr~irty rn question; (i'~'}'i~hether the intert~st c~r~ her~efit wars present before the affected person was in a. laositi~~n as dcsc;rilaed irr paragraph ~e}~ "l) cif this ~l~~c~ro~~M (~~) ~'hether• undue hardship ufill res~~lt ~~it~aer tc~ the recipient or the pers~~n a~f~~cte~d when weighed ~ga~nst the public interest ser~fed by avoiding the :prohibited ~cantlict; arrd ~~'r~ Any ether relevant. ~:orrsideratic~n~s. ~f~ At~r~rt, 'the financial rnanagenrent systerrts used by recipients under this pt~ograrn roust provide tt~r aud~t~ in accordance with ?~ ~~ part ar part 4~, as applicable, H(~rD may pertor~m or require additit~nal audits ~s it finds necessary or appropriate.. ~~~ Davis-Bacon pct. The provisions of the Davisw~aec~n ~~ct do not apply to this program. ~~ ~ l ~ 8~ l , M.ar. l 5, l ~3~~, a~ amended at ~ 1. ~R. ~?1 1, deb, 9, 19~~; b4 ~'~ 5~~?G, Sept. (~, ~1 ~~~] subpart E-~--~dminis~rntian ~~~.4UD C rs~nt ngreetmen~. ~a~ ~~r~~r~t. The duty to provide supportive housing ar supporti~le :set•vices in accordance with the re9uir~n~ents of this part will be incorporated irr a grant agreement exec~rited by HUD and .the recipient. {b~ ~r~c~rc~~~~tent. HUD will enforce the obligations in the grant agreement through such ac'tian pis may h~~ 4~ppropr~iate, in~yluding r•ept~yn~cnt ~~f rund.s that Dave already been disbursed to the r'eeipier~t. 5~3.4[~~ Pro~ra~n change. ~a;) .i~l'J~ ~~~arc3t3~~, ~l ~ A recipient n~a~, not rn~rke any signifiCanl. changes to an appr•ov~3d pr~o~~~a~n without priar HUD approval, Si~niticant changes include, b~rt are. oar limited t~~, a change in the recipient, a change irr the praject site. additiUns or deletions in the type of activities listed In ~ ~8~.1 ~lD of this part lppraved for the program or a ship of nrore than l ~ portent of funds tram ane approved type ot" activity to another. and a change in the ctrtegary of participa~~ts to be served. Depending an the. t~at>are al' the change, HL~D may require a new certification of` cansi5tency with the- cortEsc~lidated plan {sec~~' ~~~.1 ~~~. i2} approval far changes is contingent upon tt~e application ra~~~ing ren~ainin~ high en~u~h of ter the appr~avcld charge to ha~~e been carr~pe.titively selected fc~r tundin~ !n the year t ~e app icatron was selected. fib;) ~ac~r~rr~~~ar~ti~~r~ c~A f' ~th~r c~~~r~~~j,~. any changes tv are appro`~ed pr~ograrn that do riot require prier HUD approval r~~~rst be l~ully daeun~ented in the recipicnt',s records, ~~ ~. ~3~7'1, far, l~. ~~~3, as an~ended at b1 .~~ ~ ~ 1 ~~, Sept, 3~, ~ 9~~~ ~~~.~~ ~~li~ar~io~n and dec~fi~~~a~ion of funds. {a} ~~~r`~~ria~ c~ f ~~r~c~~. 'hen H~]D aid the applicant execute a grant ~rgreement, ~'€rnds are obligated to cover the amount of the approvrNd assistance under subpart B df this part, The re-cpient witl be e~pect~d to cam out. the ~uppartive housing car suppot~.ive ser~ice.s activities as proposed in the application. {h~ lr~cr~~~~,~~~. ~~fter the initial obligation of fund, HUD will .:not snake revisions to it~crea~ the ama~int obligated. tc ~ I3~~~i1 i~a~i~n. ~ 1 ~ HUD may dcobligate all or parts of grants for acquisition, rehabilitation, acquisition and rehabilitation, or nGU' CCII~trllCtiQ~t; (i~ ~f the actual total cost of acquisition, rehabilitation, .acquisition and rehabilitation, or new construction is less than the total cast anticipated in the application; ar t/ity o~~~rpus Christi. T~~~~~4,B~J~ ~ ~Sl~~ ~ i i ~ If ~~~~~~~eci ~~ ti ~7 i die ~ ~~~~~~ ~fla i~ ~~~ I~~taaclit~~; ~~;t~ a~p~~~ver are tact ~~e~~~n ~~~itl~iaa t.~aree ~aac~nth~ cap' r~~~ident~ dca nit ~~e~in ~:~ c~c.~c~~~ thr~ ~~~~;i~it~~= u~,thl~~ n~iae m~ntla~ ~~t:c~~' grant ~~ee~~tic~~. ~?~ ~I.~~ ~aai~y c~et~bli~ate the a~a~rau~~t ~~~~ annual i~:a~i~a~ ec~~~t~, o~c~~ai.in~ ~~o~ts oz' ~uppt~rti~e ~er~~iees in ~n~, ~°eaa-; ti} I.~ the at4tua~ ic~i~i~a~ e~~:~t~, ~a~~3rat.in~ c~t~~t~ cr ~u~~caa-tree ser~~a~~es t~~r ttaat }~e~a~~ ~tre 1e5 khan the t~.~tal eo~t arati~i~aled in the app~i~~~atiaaa; t~~~ ~,ii) If the ~ro~~sed ~tt~~ortive la~u~ita~. o~~1ratir~n~ are nat he~ui~ ~~ithin three! r~nantl~ af~e.r the urai~~ are a~aila~ale far c~~~c~u~araey. ~~~'~'he grant ~~~reen~en~ n~a~~ ~~t #~~~h in ~iet~~i~ ~t.la~~r c~i~~cvn~t~t~,nces undo- v~hie~l fund ~aaa~f he d~~c~1~1i,~at~d, and other :~a~~~tiaj~~ ~aay~ he irnp~~~i~d, ~~~ ~~'D ma~~; ~ i) ~ead~erti5e the a~vailabi~it~ of funds tl~<at h~~~e bc~~xn deca~~iat~d under t~ii~ se~~tis~ra in aacatiec cif farad availability und~~• ~ ~~:~,~E~~}, ter ~ii;3 Av~~ard deabligated funds to ~~~frli~ation~ previousi~ ~uhmitted in r~spon~e t.o th~~ ra~c.~~i rect~n~ly ~r~hli~hed r~otGe ~~ fund a~iailabilit}~, and in a~cflrda~a~~ v~~ith ~uh~art ~ of this ~ar-t; C~it~. ~~ ~c~~~tt~ C~l~ris~i ~~~~~~o~a~~~ EXHIBIT B INSURANCE REQUIREMENTS I. Subrecipient's,,,,L,iabilitylnsurance 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 tothe 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 3o-Day written notice of cancellation, material Bodily Injury and Property Damage change, non-renewal ortermination is required on Per occurrence) aggregate all certificates COMMERCIAL GENERAL LIABILITY including: $1,DDD,DDD Combined Single Limit 1. Commercial Form 2. Premises - Gperations 3. Products) Completed operations Hazard 4. Contractual Liability 5. Independent Contractors 6. Broad Form Property Damage 1. Personallnjury C. In the event of accidents of any kind, Subrecipient must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of lnsurance: The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanketwaiver of subrogation is required on all applicable policies. If your insurance company uses the standard ACQRDform, the cancellation clause bottom right} must be amended by adding thewording "changed or" between "be" and "canceled",and deleting thewords, "endeavor to",and deleting thewording after "left". In lieu of modification of the ACRD form, separate policy endorsements addressing the same substantive requirements are mandatory. E '~ ~ 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. '~ ~ STATE GF TEXAS COUNTY GF NUECES Date: ~'~ ~~~ EXHIBIT C COC COMPLIANCE AFFIDAVIT KNG1~V' ALL BY THESE PRESENTS: Affiant: ~~ro ~r,~ ~'~I ~o/r~s7'r'~ ~ 0'~ So ~.Z~i ~tk ~ t , ,~c . Continuum of Care Grant Subrecipient Affiant, on oath, swears the following statements are true: I, ~o ~„ ~ ~W c h , am the ~rc .~ ~ ~Y ~^ 7 a K ~ ~ ~~ (title) of l'r oo-~~.r~ ~1 ~.~i~ f `r~ o.~ .jda.`~~ ~eh~_~~- , 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"}. Priorto the start of the project for which CGC furls have been awarded, as the representative of the above- named Subrecipient organization ~"Subrecipient"}, I met with City staff and received copies of the following Federal rules and regulations: GMB Circular A-102 24 CFR Part 1, .3, 5, 8, 24, 35, 45, 84, 85,107,135 and 146, as applicable OMB CircularA-110 24 CFR 583 GMB Circular A-122 41 GFR 60.1 and 64.4, as applicable GMB CircularA-133 By execution of this affidavit, I attest that I have received the above~listed Federal rules and regulations, City staff has explained the rules and regulations, and I understand the Subrecipient's obligations of performance under the rules and regulations. Furthermore, acknowledge that there may be additional Federal rules and regulations, beyond the rules and regulations listed above, to which the Subrecipient may be subject to and with which the Subrecipient st comply, in accordance with Federal laws. Signed: Sw4RN TG AND SUBSCRIBED before me this the ~~. day of ~' , 2009. ~ ~~tillilll/~ y.~~~r~ p~ ~~- I -- - -- DEBRA H. BOYI~ } ^ Notary Pubfic, State of Texas ,~~. ; y r'jq '"' ~!' My Commission Expires ~~~ ~Np ~~~~ ~~~ March 31, 2013 Notary P u b I ic, State of Texas '~.. 1 SUPPLIER NUMBER TG BE ASSIGNED BY CITY ,~,,.. ~' PURCHASING DIVISIQN City of Corpus Christi EXHIBIT D CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Carpus Christi Ordinance 11112, 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 reverse side for Filing Requirements, Certification and definitions. COMPANY NAME P. O. Box. ~-~ ~ ~ ~• ~ ~''~ ~e ~ ~~ STREET ADDRESS: CITY: ~ ~ ~ ZIP: ~ FIRM IS: 1. Corporation ~ 2. Partnership ^ 3. Sole Owner ^ 4. Association [] 5. Other ^ if additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3°/° or more of the ownership in the above named "firm." Name Job Title and City Department cif known} ~~i 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3°/° or more of the ownership in the above named "firm." Name Baard, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Nance Consultant ~~ Page 1 of Z 1 ~ FILING REQUIREMENTS If a person who request official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effectthat the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics ordinance Section 2-349~d~] 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 wil! be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certi in Person: ' ~~ t„ fY g Signature of Certifying Pers • Title: ~~ef- NL'~~ ~n/ ~~~ Date: ' ~~ ~.~ ~ DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit." An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a fiull or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established tv produce ordeal 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. e. "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. f. "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 contra! established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "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 y 'I 1 City Of Exhibit E CO US CI]~riStl ~~r CERTIFICATi~N REGARDING LQBBYING CERTIFiCATIGN FC~R CONTRACTS, GRANTS, LOANS, AND CGGPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: ~1 } No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. ~2} If any funds other than federal appropriated funds have been paid orwill be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, ar cooperative agreement, the undersigned shall complete and submit with this a Standard Form-11, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. W ~~ ~ z-too g gnature Date ,~6~-^ ~ ~GJY~~ prct~QKw~ ~'wc~ ~~'U Print Name of Authorized Individual Organization Name