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HomeMy WebLinkAboutC2009-348 - 9/8/2009 - ApprovedCoNT1NUUM of CARE GRANT AGREEMENT BETWEEN THE CITY of CORPUS CHRISTI AND SALVATION ARMY ri~~UI~UIr1 ~~~~Pu~r,jiG~I THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This agreement ~"Agreement"} is made and entered into by the City of Corpus Christi, a Texas home-rule municipal corporation ~"City"}, acting through its City Manager or the City Manager's designee ~"City Manager"}, and The Salvation Army ~"Subrecipient"}, a nonprofit corporation organized under the laws of the State of Georgia. WHEREAS, there being a genuine need for supportive housing services for persons who are homeless and for appropriate facilities in which to provide the services in the City of Corpus Christi; WHEREAS, providing supportive housing services to persons who are homeless promotes the public welfare, health, and safety; WHEREAS, the City is desirous of providing appropriate supportive housing services to persons who are homeless; WHEREAS, appropriate supportive housing services include decent, safe, and sanitary shelter and other services essential for achieving independent living; WHEREAS, the Subrecipient is able and desirous of providing the appropriate supportive housing services to persons who are homeless and in need of assistance in order to improve the quality of their lives; and WHEREAS, the City has allocated Continuum of Care Grant ~"CDC"} funds in the amount of $~ 81,143 to the Subrecipient for assistance in providing supportive housing services for the homeless. NOW, THEREFORE, the City and the Subrecipient have severally and collectively agreed and, by the execution of this Agreement, are bound to the mutual obligations, performances, and accomplishment of the tasks described in this Agreement. SECTION 1. CITY'S FUNDING OBLIGATIONS. The City agrees to: 1.1 Funding. Provide the Subrecipient not more than one Hundred Eighty-one Thousand one Hundred Forty-three Dollars ~$181,143~ of CGC funds on a reimbursement basis, based on the stated services to be provided pursuant to the approved Application for Federal Assistance, PIN number TX55039, a copy of which is 2049-348 ~e and is attached to this Agreement as Exhibit A. M2009-244 !~~~ 09/08/09 lN~~:1~-GV salvation Army ~,~ Reimbursement. Reimburse COC funds to the Subrecipient according to this Agreemeht and as follows: ~A} Not more than $~~1,452 will be reimbursed to the Subrecipient for payment of operating costs related to supplying supportive housing services for the homeless. ~S} Nat more than $45,065 will be reimbursed to the Subrecipient for the provision of essential supportive housing services to the homeless. ~C} Not mare than one halfof$8,62~ will be reimbursed to the Subrecipientforthe provision of administrative costs related to .supplying supportive housing services for the homeless, with the City retaining the remainderforCity-related contract administration costs. SECTION 2. SU~~~CIPIENT'S FUNDING C~DLIGA~'lDNS. Subrecipient agrees ta: ~,~ Matching Funds, Contribute and provide the following amount of cash as the required C~OC grantfunding match as shown in Exhibit A. ~A} Not less than $2,484 must be spent by the Subrecipient to provide for the operating casts related to supplying supportive housing services to the homeless. ~~} Not less than $~ ~,~61 must be spent by the Subrecipient to provide essential supportive housing services to the homeless. ~C} Not less than $6.66 must be spent by the Subrecipient to provide for HM1S costs related to supplying supportive housing services to the homeless, ~.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 ~ ~i~~`~'~d~s, of professional services provided by the Subrecipient, Advisory 2,~ Services and Facilities. Provide services and utilize the facilities or buildings in accordance with the Continuum of Care Grant Program regulations contained in the United States Code of Federal Regulations ~"CFR"}, and including, but not limited to, those federal requirements contained in Sections 5 and 6 of this Agreement, 2.4 Permits and Licensing. Obtain and maintain any permits, certificates, and licen~ ses.that are required of the stated services and of the facility ar 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 ~n 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 ~"C D D"} . Salvation Army Families CCC Agmr.doc Page ~ of 12 2.6 Access to Records. Provide access to all records, documents, reporks, or audits regarding the services funded under this Agreefent, 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 information pertinent to this Agreement as the City Manager, the Administrator of CDD, or HUD may from time to time request. Subrecipient shall adhere and comply with the reporting requirements mandated for the Homeless Management Information System ~HMIS} administered by the Gity as a condition of receiving funds under this Agreement. 2.8 Notification of Change. Notify the City within ten X10}days when the scope, funding, staffing, or services being provided by the Subrecipient changes from its cur- rentlevel. 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 CSC 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.~0 Record Retention. The Subrecipient shall retain all required records fvrthree 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.~ Term. This Agreement commences on September 1, 2009, for a term in accor- dance with the grant period, provided the City's City Council has approved its execution, and terminates on August 31, ZD10, unless such date is modified in writing pursuant to subsection l.4 of this Agreement following the City's timely receipt of a 30-day extension request. 3.2 Termination. Either party may terminate this Agreement as of the last day of any month upon thirty X30}days prior written notice to the other party. 3.3 Notices. ~A} All notices, demands, requests, or replies provided for or permitted under this Agreement, by either party must be in writing and must be delivered by one of the following methods: ~1} by personal delivery; ~2} by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; ~3} by prepaid telegram; ~4} by deposit with an overnight express delivery service, for which service has been prepaid; or ~5} by fax transmission. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the l7nited 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- Salvation Army Families COC Agmt.~oc Page 3 of 12 pany or overnight express carrier. Notice by fax transmission will be deemed effec- tiveupon transmission, with proof of confirmed delivery. (C) All such communications must only be made to the following: If to the Cit City of Corpus Christi Attn: Admin., Community Dev. P. O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 880-3045 Office (361) 844-1740 Fax If to the Subrecigient: The Salvation Army Attn: Executive Director 521 Josephine Street Corpus Christi, TX 78401 (361) 884-9497 Office (361) 884-7522 Fax (D) Either party may change the address to which notice is sent by using a method set out above. The Subrecipient shall notify the City of an address change within 10 working days after the address is changed. SECT1oN 4. INSURANCE AND INDEMNITY PROVISIONS 4.1 Liability insurance. The Subrecipient shall have in force, throughout the term of this Agreement, insurance that complies with the standards in Exhibit B, a copy of which is attached to this Agreement and incorporated in this Agreement by reference. A certificate evidencing the Subrecipient's provision of insurance must be provided to the City's Risk Manager ~"Risk Manager"} and the Administrator of CDD at least ten X10} da s priorto any expenditures of CSC funds by the Subrecipient. Failure to maintain Y an of the types and limits of the insurance required by Exhibit A is cause for the City Y Manager orthe Administrator of CDD to terminate this Agreement and cancel any and all reimbursements of CSC funds to the Subrecipient. 4.2 Fire and Extended Coverage. The Subrecipient shall also have in force, through- outthe term of this Agreement and during the period which the facilities or building must be maintained as a shelter for the homeless in accordance with Section 5.2 of this A reement and 24 CFR X516.53, as amended, fire and extended coverage insurance in g the amount indicated in Exhibit B. Failure to maintain such insurance is cause forthe Cit to terminate this Agreement and cancel any and all reimbursements of CSC funds Y to Subrecipient. 4.3 Notice to City. Subrecipient shall require its insurance companies, written policies, and certificates of insurance tv 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 this Agreement and adjust the t pes and limits of such insurance upon thirty X30}days written notice to Subrecip- Y ient. Insurance types and limits may not be adjusted more frequently than once a year. Salvation Army Families C4C Agmt.dac Page 4 afi 12 i ~ 4.5 INDEMNIFICATION. (A) Subrecipient covenants and agrees that it will indemnify and hold City harmless of, from, and against all claims, demands, actions, 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- p/oyees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the use or occupancy of the facilities by Indemnitees, the Subre- cipient or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees, including, but not limited to, the failure of the Subrecipient to maintain the Facilities. (B) These terms of indemnification are effective upon the date of exe- cution of this Agreement and whether such injury or damage may result from the contributory negligence or concurrent negligence of /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 Salvation Amoy Families COC Agmt,doc Page 5 of 12 f based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses 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.fi Subrecipient Contracts; Independent Contractor Status. In no event is the City liable for any contracts made by the Subrecipient with any person, parknership, firm, corporation, association, or governmental body. All of the services required by this Agreement must be performed by the Subrecipient, or under its supervision. It is agreed by the parties to this Agreement that the Subrecipient is an independent con- tractorproviding 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 IVlatching 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-cerkified 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 Re ulations. The Subrecipient shall submit matching funds support g documentation which must be provided with each request for payment. 5.~ 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 forwhich CSC funds are used for the provision of essential supportive housing services to the homeless or payment of maintenance, operation, insurance, utilit or furnishin costs must be maintained as a shelter for the homeless for the Y~ g period during which such assistance is provided under this Agreement. A substitute site or shelter may be used during this period so long as the same general population is served. For purposes of this subsection, the term "same general population" means either the same types of homeless persons originally served with CSC funds ~i.e., battered spouses, runaway children, families, or mentally ill individuals} or persons in the same geographic area. Salvation Army Families C4C Agmt.dac Page 5 of 12 (C) Using COC funds for developing and implementing homeless prevention services does not trigger any period of use requirements. 5.3 Building Standards. Any building for which CMG 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 ermanent housing, counseling, supervision, and other services essential far achieving p inde endent living. Additionally, the Subrecipient shall assist homeless individuals and p families in obtaining access to other Federal, State, local, and private aid that may be necessary to such individuals and families. SECTION fi. ADDITIaNAL FEDERAL REQUIREMENTS. 6.1 Nondiscrimination And Equal opportunity. The Subrecipient shall comply with the following requirements: A The requirements of the Fair Housing Act, 42 United States Code ~"U.S.C."} ~} 3601-19, and implementing regulations at 24 CFR Part 100 et seq., as each may be amended; Executive order 11063, as amended by Executive order 12259 ~3 CFR, 1959-1963 Comp., p. 652, and 3 CFR,198D Comp., p. 307}, as each maybe further amended; Equal Opportunity in Housing Programs and implementing regu- lations at 24 GFR Part 107, as each may be amended; Title VI of the Givil 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 Part 1, as each may be amended; B The rohibitions against discrimination on the basis of age under the Age Discrimi- ~} p nationAct of 1915 X42 U.S.C. §§6101-07}and implementing regulations at 24 CFR Part 146, as each may be amended; and the prohibitions against discrimination a ainst otherwise qualified individuals with disabilities under Section 504 of the 9 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- oses of the CSC funding programs, the term "dwelling units" in 24 CFR Part 8, as p 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 re uirements of Executive orders 11625, as amended by Executive Orders ~} q 12047 3 CFR,1971-1975 Comp., p. 616, and 3 CFR,1977 Gamp., p. 139} ~Minor- it Business Enterprises}, as each may be amended; Executive order 12432 ~3 Y CFR, 1983 Comp., p. 198} Minority Business Enterprise Development}, as each ma be amended; and Executive order 12138, as amended by Executive order Y Salvation Army Families COC Agmt,doc Page 7 of 12 r 12608 ~3 CFR,1977 Comp., p. 393, and 3 CFR,1987 Comp., p. 245} ~UVomen's Business Enterprise}, as each may be further amended; and, F The requirement that the Subrecipient make known that use of the facilities and ser- ~} vices is available to al! persons on a nondiscriminatory basis. Where the proce- dures that a Subrecipient uses to make known the availability of such facilities and services are unlikely to reach persons with disabilities or persons of any particular race, color, religion, sex, age, or national origin within the Subrecipient's service area who may qualify for them, the Subrecipient shall establish additional proce- dures that will ensure that these persons are made aware of the facilities and ser- vices. The Subrecipient shall also adopt and implement procedures designed to make available to interested persons information concerning the existence and location for services and facilities that are accessible to persons with disabilities. 6.Z A livability of FMB Circulars. The Subrecipient shall comply with the policies, pp uideiines, and requirements that are applicable to the use of CQC funds set forth in the 9 Code of Federal Regulations, iri the United States Qffice of Management and Budget "FMB" Circular No. A-122, and in all other QMB circulars as each may relate to the ~ } acceptance and use of CQC funds. fi.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- ~} tionand approval of any renovation, rehabilitation, or conversion activity under this Agreement; and (2) Appropriate action must be taken to protect shelter occupants from the hazards associated with lead-based paint abatement procedures. fi.4 Conflicts of Interest. In addition to the conflict of interest provisions in QMB 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 CDC funds and who exer- cises or has exercised any functions or responsibilities with respect to assisted act~v~- 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 orfinancial 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 rovided in 24 CFR X583.330, as amended. Ire the event the Subrecipient desires to p 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. Salvation Amoy Families COG Agmt.doc Page 8 0# 12 ! ~ 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, awarding of contracts, and funding of any contractors or subcontractors during any period of debarment, suspension, or placement in ineligibility status, are applicable to the Subrecipient. fi.6 Coastal Barriers. In accordance with the Coastal Barrier Resources Act, 16 U.S.C. X3501, as amended, no COC funds may be made available within the Coastal Barrier Resources System. 6.l Drug Free Workplace Act of ~ 988. The Subrecipient shall certify that it will main- tain adrug-free workplace in accordance with the requirements of 24 CFR Part 24, Subpart F, as amended. fi.8 Copeland Act. The Subrecipient shall comply with the Copeland "Anti-Kickback" Act, 18 U.S.C. X874, as amended and as supplemented by United States Department of Labor regulations, 29 CFR Part 3, as amended. 6.9 Contractl~ork Hours and Safety Standards Act. The Subrecipient shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. §§329 and 333, as amended and as supplemented by United States Depart- ment of Labor regulations, 29 CFR Part 5, as amended. 6.~ 0 Audit. The Subrecipient is subject to the audit requirements of OMB Circular A-133, as set forth in 24 CFR Part 583, as amended. 6.~1 Relocation and Acquisition. Consistent with the other goals and objectives of this Agreement, the Subrecipient shall ensure that it has taken all reasonable steps to minimise any displacement of persons as a result of a project assisted with COC funds. SECTION 7. GENERAL PRaVIS14NS. l.1 Validity. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, sub- division, clause, phrase, word, or provision of this Agreement, for it is the definite intent of the porkies to this Agreement that every section, paragraph, subdivision, clause, phrase, word, and provision of this Agreement be given fu11 force and effect for its pur- pose. l.2 Jurisdiction and Venue. The laws of the State of Texas govern and are appli- cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces County, Texas, where this Agreement was entered into and must be performed. l.3 Nonexclusive Services. Nothing in this Agreement maybe construed as prohibi- ting the Subrecipient from entering into contracts with additional parties for the perfor- mance of 'services similar or identical to those enumerated in this Agreement, and nothing in this Agreement maybe construed as prohibiting the Subrecipient from re- ceiving compensation from such additional contractual parties, provided that all other terms of this Agreement are fulfilled. Salvation Amoy Families COC Agmt.doc Page 9 of 12 r j ~ ~ ~ 7.4 Modifications. Modifications to this Agreement are not effective unless signed by a dui authorized representative of each of the parties to this Agreement. Modifications Y which do not change the essential scope and purpose of this Agreement maybe ap- proved on behalf of the City by the City Manager. l.5 Co ies of Rules and Regulations. Copies of some of the rules and regulations p referenced in this Agreement have been provided to the Subrecipient as evidenced by the Subrecipient's C4C 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 su I the Subrecipient with any other applicable laws, regulations, ordinances, rules, pPY , or olicies not stated in Exhibit C does not waive the Subrecipient s compliance there- p with as required bylaw. l.6 Disclosure of Interest. In compliance with Section 2-349 of the City's Code of ordinances, the Subrecipient shall complete the City's Disclosure of ~r~ferests form, which is attached to this Agreement as Exhibit D, the contents of which, as a com feted form, are incorporated in this document by reference as iffulfy set out in this p Agreement. l.7 Certification Re arding Lobbying. Subrecipient shat! complete the Cert~flcat~or~ 9 .. Re ardin Lobb Ong form, which is attached to this Agreement as Exhibit E, the ton- g g Y tents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. (EXECUTION PAGES FOLLOW) Salvation Army Families COC Agmt.doc Page 10 of 12 ~ a i i Executed in quadruplicate originals this day of , 2009. ATTEST: Armando Chapa City Secretary • Approved as to form. , 2009 Elizab h R. Hundle Assn nt Ci Attorr tY for the City Attorney CITY OF CORPUS CHRISTI `A el scobar C y Manager " ~THDKI~E1~ A !~ ~dl~~IL ,. ~.. .... r~I~KN 14 ~G41~~~111 s ACKNGINLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on , 2009, by `Angel R. Escobar, City Manager of the City of Corpus Chr ti, a Texas municipal home- rule corporation, on behalf of the corporation. HoII.YH000HTON ' MY COMMISSION EXPIRES ',~' ~ ge~'Ib9r~4, ~0#~ VI.J~ Notary Pu c, StateTexas Salvation Army Families COC Agmt.doc Page 11 of 12 ~ t 1 i SUBRECIPIENT: THE SALVATION ARMY A c~o~c~~ co~po~A~~N Signatu ~ ~/ ~ Date SYEPHEN EL~-15 Printed Name ASSISTANT TREAS~~~~ Title ACKNgWLEDGMENT STATE OF GEORGIA § COUNTY OF FULTON § KNOW ALL BY THESE PRESENTS: ~~ This instrument was acknowledged before me on , 2009, by STEPHEN EL~I~ , in hislher capacity as the ~ssisTA~T T~~~sl~~r of The Salvation Army, a Georgia non-profit corporation, o hal tion. R seal} ry Public, State of G rgia ~. ~~~~~~~~~~~~rr~~~ ~ ~,. ,~$- *~~ Q~,* ~,1S51Q~y •,~ ~;~ ~"~PR~L v~;- f ...fir . .. ' ~9 "~~' .,. 20~D ~` ~, ,~"~C.f ti -a~;~~w 'r~l # ~ '. ~t,~ ~~~ ~~ PV~~~~~~ r~~~~ Y ~~~~ti Salvation Army Families CSC Agmt.doc Page 12 of 12 EXHIBIT r~"a~ ~~ #: t~~~~~~~~~1~~~ ?~~~ StJ~P~JRTI~~ HCJUSiNG pR~GRAM R~N~wAL GRANT AGRE~M~N~T This Giant A.•eerr~ent is ~r~a.de by and between the ~.~nited States Department of ~o~~sing end urban Development ~~~.~~~ and. the Recipient, u~hiGh is descr~hed in section 1 of ~.ttacl~ment A., attached hereto and made a pals. hereof. The assista~~ce vrJhicl~ is the su~~e~~t of this Grant Agreement ~s a~~tho~ri~ed by the 1~~~.inney~~e:~tr~ ~iomeless Assistance Act. ~~ L.S.. ~~~1 thereafter i4~~ Act''}. 1~~e term. ``grant" ar ".grant. funds" mews the assita~~ce pro~~ided u~ader this Agreer~~~nt:. This gr~.nt ~rgreement ~~~~~ be gover~ied by the Acct, the StrPPortlve ~Iausing rule cad~f~ed at ~~ ~~FR ~~~, which is attached. hereto and made a part hereof as Attachtn~nt ~, aid the Notice of Funding. A~Tai~ahiiity (DFA} that was published icy tv~fc~ l~ar~s. Thy First part was the ~'alicy~ Re~~rre~~e~~~ts and Grs~~c~~~~l Section of tl~e N~FA~ ~f:hich ~~as pt~bli~lted larch ~ ~, ~~~ at ~3 F~ ~~~~~, ~~~~ the ~e~r~~~.d part was the ~'rtx~tinu~:~n ~~f ~ar~ .~to~neless As~istan~:e Prc~~;t~arn~ti Nt~~'.~. Section. of the Nt~F~, v~°l~icla was p~iblisi~ed ~r~l~° l C), ~~~~)~ at "~~ l~".R :~~~~. The term "Application" means the arig~~a~ and renewal application submissions on ~ basis of which a Grant was appxtiv~d by l~r~, nci~ding the cert~'ication~ aid a~suxance~ and and informa~~on or d~cutnenta~ian rewired to meet ~~ giant award conditions. `The application is ii~eorparnted herein a~ part of this Agrecrr~ent, however, in the ey~ent car conflict betv~~een the provisions of those documents and and provisiar~ contained herein, this Renewal Grant ~~reement shall control. The Secretary agrees, subject to the terns of the Grant Agreement, to pr~vi~e the grant. funds in the a~nou~t ~pecifi±~d at section ~ of A:ttachrr~.cnt ~ for the approved plroject described in the Application, The Recipient ag~•ees, ~ub~ect to the ter~.s of the Grant Agreement, to use ~.e grant funds far eligible actirritie~ during the grant term s~ecif ied at sec;tia~. ~ r3f Atta~hmer~~ A. The Recipient must provide a 25 percent cash mach far supportive :services. The Recipient agrees to co~nply with all r~yuirerr~ents cif this Grant Agreement and to a~yc~ept responsibility far sur~h compliance by any entities to which it makes grant .funds available. The Recipient ag~'ees to participate in a local Horneiess Management information System ~I~MIS~ when imple~.ented. The Recipient and project sponsor, ii' any, will not knowingly allow illegal activities in any unit assisted with grant funds, Tt~~ Re~::p~ent ~~~~~ces try d~~~~~~ ~,~~~ant fc~~ic~s ~~t lc;a~t clr~art~~rl~~. pity of ~arpns Christi T~o~2~R~~0 ~DS~ 1 HUD notifications to the Recipient shall be to the address of the Recipient as written above, unless HUD is otherwise advised in writing. Recipient .notifications to HUD shall be to the MUD Field Office executin the Grant Agreement, Ida right, benefit, ar advantage of the g Recipient hereunder be assigned without prior written approval of HUD. For any project funded by thi4 grant, which is also financed through the use of the Low Income Mousing Tax credit, the followying applies: MUD recognises that the Recipient or the project sponsor will or has financed this project through the use of the Low-ncame Housing Tax. credit. 'The Recipient or reject sponsor shall be the general partner of a limited partnership formed far . . r ~ + x that purpose. If grant funds we~~e used far ac~u~sat~on, rehab~l~tatton ar construction, then, throughout a period of twenty years from the date of initial au ant or the initial service provision, the Recipient or project sponsor shall P y continue as general partner and shall ensure ghat ~e project is ~aperated ~n accordance with the requirements of this Grant Agreement, the applicable re ulations anal statutes. Furthher, the said limited pa.nership shall own the g reject site throughout that twenty~year period. if grant funds were not used for 1 • . • • . ~ 1 acclu~s~t~on, reh~b~l~tat~on or new construction, then ~e period shall not be twenty years, ~-ut shall be for the term. of the grant agreernent and any renewal thereof. failure to comply with the terms of this paragraph shall constitute a default under the Grant A greernent. A default shall consist of any use of grant funds for a purpose other than. ~s authorised by this Grant A reement, failure in the Recipient`s duty to provide the suppa~tive housing for the g minimum term in accordance with the re~uirernents of Attachment A, noncompliance with the Act ar Att~chn~ent A revisions, any other material breach of the Grant Agreement, or P misre resentations in the application submissions which, if known by HUD, would have resulted p ' . such in this grant not being provided. Upon due nonce to the Rec~p~ent of the occurrence of any default and the provision of a reasonable opportunity to respond, HUD nay take one or more of the following actions: Via} direct the Recipient to submit progress schedules for carr~pleting approved activities; or {b) issue a letter of warming advising the Recipient of the default, establishing a date by which corrective actions must be completed and putting the Recipient an native that more serious actions will be taken if the default is n+at corrected or is repeated; or (c} direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying vut remedial actions; or ~d) direct the Recipient ro suspend, discontinue ar net incur costs for the affected activity; or ~e~ ~ reduce or recapture the grant, or pity of Corpus Christi Ta~~~~o ~ flea ~ 4 p ~ ~ ' ~ ~f ~ direct the ~eeipient to rein~bur~e tie prc~grarn :counts far costs inappropriately charged to the program; ar ~~~ continue the grant with a subsCitute recipient of I~U~'s chaosing; ar ~h} other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigatian seeking declaratory udgment~ specific performance, damages, temporary or permanent injunctions and any other mailable remedies. loo delay ar omission by BUD in exercising any right or remedy available to it under thiti grant ~ eerr~ent shall im air an such right or rerny or constitute a waiver or acquiescence in ~' p ~' any l~.ecipient default. Far each operating year in v`rhich funding is received, the Recipient shall file annual certifications with ~l~l~ that the supportive housing has been provided in accordance with the requirements of ~e ~ra~t ,~gree~nent. This grant agreement constitutes the entire agreement between the parties hereto, and ma be amended onl in ~rriting executed bar bi~i~ and the Recipient. lore specifically, the Y y' recipient shall not change recipients, location, services, or population to be served nor shift mare khan 1~ percent of funds franc one approved type of eligible activity tc~ another, or make an ether significant change without the prior written approval. of ~UI~. y pity of carpus Christi T~~~~ ~~ ~ ogo 1 ~ ~ ~ ~ ~ ` S~NATUR~ T~i~ grant A~reen~ent i~ bereb~ executed as ~olla~vs: UNITED ~TATE~ OF ANERI~A ~ecretar~ o~ Hnu~in~ and Urban De~~elopment ~y. i 5 ~~nature and Date Richard L. I~a z Print name o~ ~i~natar~ Field ~~ice Director Tine RE~II'~E~T fit a~ ~~ us ~hri~ti N~n~e ~f Dr~ani~ation B~: ~- red ~i~nature and Date A.n ~~ ~. E~c4bar ~rir~t name of ~i~nator~ e ~~t ana er Title ~it~ ~f corpus ~hriti T~~l~~~~~ I ~8~ I ~ ~3 1 ~~A L~l ~~~~~ 1. ~'he Recipient ~~ the City of Carpus Christi. ~, HC~D's total fund ahli~atian far this ~zoject is ~ ~ ~ ~ ~3,aa , which sha~i be allc~ate~ as follows: at leasing $ b, ~uP~rtive se~ices ~ 45,a~~~ c, operating casts $ 2~',~~~.t~ d, I~M~S ~ e. Admir~istratian ~ 8,~~~. 3. ~lthau~ this agreement will became effective only upon the execution hereof by bob parties, urn e~ecutiart, the. term ~f this ag~em.+~nt shad run from ~e end of .the ~eci~ient~s final aerating year ender the original grant A~reerr~ent ar, if the original +~rant Agreement was amended. to extend its tern., the tee +of this agreement shah from the end of the extension of the original rant Agreement term far a perm of one year _ _- ~ligibie costs, a~~ def~n~ by the Act and Attachment ~, incur betw~n the end of Re~i~ient's Final ~~erating year under ~.~ arigin~l grant Ag~errient, ar ext~nsian ~ere~f, and the e~cecutian ~~ this renewal grant A~reemer~t ~n~y be paid wi~a f't~nds ~an~ ~e fit aerating dear of this ~.e~ewal grant. City ~f Corpus Christi T.~~~6Jaagaf ;~TTA~~i~NT ~ PART ~S;~UPPC~RT~~'~ H[lU~IN~ P~~G~~~ ~uhpart A-~-Ge~nera~ Sec 583, ~ Pure and scope ~~~.~ definitions ~u~part B-~~si~nce Pro~~ded ~~~, ~ C30 Types and ups of assistance ~$~. ~~;~ Giants for acq~~isition and rehabilitation 583. ~ 1 ~ Grants far new construction 553.1 l ~ Grants for leasing 583.120 Grants for supportive service casts SS3.125 Grants far operating costs 553. ~ 3~ ornn~itment of grant amounts for leasing, supportive services, and operating .costs 583.135 Administrative casts 583 , ~ ~Q Technical assistance 553, l~5 hatching requirements 583.1.5Q Limitations on use of assistance 553,155 consolidated plan ~ubpar~ ~---~ppliea~ian and grant Awurd Praces~ 583.~OO .Application and grant award 583.230 ~nvironrnental review SS3.~35 Renewal grants Subpart D~--P~rugru~ Rec~u~re~nents 583,300 General operation. 583.35 Term of commitment; repayment of grants; prevention of undue benefits 583.3.10 T3isplacement, relocation, and acquisition 583.31.5 Resident rent 583.30 ~itc control 583.35 l~ondiscrin~ination and equal opportunity requirements 553.330 Applicability of other Federal requirements Subpart ~Adrn~in~stratiun 583.~~ Grant agreement 553.~f15 Program changes 5$3.10 obligation and deobligation of Funds. AUTHGRrTY: 42 t1.S.C.1138~ and 3S35~d} SG~.~R~E: 58 ~ 1.38' 1, far. 15,1 X93, unless otherv~~ise noted pity of carpus Christi T~OO~~B~JO~O~Ot ~ubpari A--energy ~ 5$x,.1 ~'urpose and seope~ ~a) C~n~r~~. The Supportive .Housing l'rograrn is authorized by title I~ of the ,~tewart ,B. McKinney Hvme~less Assistance Act (;the McKinney Acts (~~ U.S.C. l l 381-11 X89). The Supportive Hauling program is designed to promote the development of supportive housing and. supportive services, including innovative approaches to assist homeless persons in the transition from. homelessness, and to promote the provision of supportive housing to homeless persons to enable them to live as independently as passible. {b~ ~'~rnp~~nen~s. Funds under this part maybe used for: (1 ~ Transitional housing to facilitate the movement of homeless individuals and families to permanent housing; ~~~ Permanent housing that provides long-term housing for hom+~less persons with disabilities; ~~~~ Housing that is, yr is part of, a particularl} innovative project for, or alternative methods of, meeting the immediate and lang. term needs of homeless persons; or {4} Sup~rtive services far homeless persons not provided in conjunction with supportive housing, [58 F'~ l 38'l 1, Mar. l ~,1 ~~, as amended at b 1 4 ,4~. ~ .l ~ ~ J, -~/epLr ~~~ ~ ~~~~ ~ ~8~.~ De~inibon~ A used in this part: ~;ppl#cant is defined in section ~22~ l} of the McKinney Act (42 t~.S.C 1 l ~8~(l ~). FQr .purposes of this definition, governmenthl entities include those that have general governmental powers such as a city or county}, as well as those that have limited or social powers (such as public housing a~gencies~. C'ons~tid~ed Ptarz means the plan that a jurisdiction prepares and submits to Ht1D in accordance with ~4 CFB part 91. Drz~e ~,~ in~t~al ~ecuPanc~ means the date that the supportive housing is initially occupied by a homeless person for wham H111~ provides assistance under this part. if the assistance is for an existing homeless facility, the dc~t~ c f inr~i~r~ ~c~~~P~ncy is the date that services are first provided to the residents of suppartisle housing with funding under this part. ,~u~~ ~f inr~i~~ s~r~si~e Pro~~isivn means the date that supportive services .are initially provided with funds under this part to homeless persons who do oat reside in supportive housing. This definition applies only to projects funded under this part that do not provide supportive housing, I~i~af~ili~, is defined in section ~~2~~~ of the McKinney Act ~~~ U.S.C l 138~~~}). ~'~~.e~~saw P~rs~n means an individual or family that is described in section l~~ of the McKinney Act ~~~ tJ.S.C 1 l ~Q2.}. ~~trr~~r~li~un ~*i~~= is defined in section la~~a~f~~ of the Housing and Community .l~evelaprnent Act of 19~~ ~4Z U.S.C 5~~~~a~~~}}. in general, metropolitan cities are those cities that are eligible for an entitlement. grant under 24 ~~ past 5'1~, subpart fJ. ~~~ c~nstr~~t~c~r~ means the building of a structure where none existed or an addition to an existing structure that increases the floor area by more than l ~3 percent. ~Perating r.~st~ is defined in section ~~~~~) of the McKinney Act ~4~ U.S.C l 1382~5~~. Uu~Pa~i~nt i~e~rt~h .~~~rvi~°~.s is defined in section 4~2~~} o the McKinney Act ~~2 C~.S,C. l l ~g2~b~). P~r~nar~ent ~t~using,~vr ~un~e~e~s P~r~san.s -~~it~ di.~abi~ttr~s is defined in action 4~4~c~ of the McKinney Act 4~2 U.S,C Private n~n~rn~t ~rguni~a~i~n is defined in section 4~2~'~~ €A~, (B}, and ~U~ of the McKinney Act ~4~ ~,~.~,1138~~~} ~A}, ~H~e and ~~~~, The organization must also have a functioning accounting system that is operated in accordance with generally accepted accounting principles, or designate an entity that will maintain a functioning accounting system City ~f Carpus Christi T~Q~~~B~~I~S~I fir the organisation in accordance with generally accepted accounting principles ~r~~~~~t is defined in sections ~?~~~}and ~4~~~d} of the McKinney Act ~~2 [.~.S.C. l l 38~~8}, ~ 13~~(d}}. I~QCi~i~nt is defined in section ~~~~~} of the l~cK.inney Act ~4~. U.S.G> ~ 131~~1:~}}. R~~a~~l~~~~~n~r means the improvement or repair of an existing structure or an addition to an existing structure that does nQt increase the door area by .more than i €~ percent. rehabilitation does neat include minor ar routine repairs. ~'tut~ is defined in section ~~?~ 11 ~ of the l~c~ inney Act ~~~ t.J'~.S.C. l i :~5~(1 i }}. Su~,~~rtr~~e ht~usin~ is defined in section ~?~4~a.} of the ~o~inney Act ~~~ [~.~.~. l 1:~g~~a}}. Su~~~rti~~e s~rvi~es is defined in sectia~n ~~~ of the I~cl~inney .Act {~~ ~JRS,C l i ~~~}. ~"r~nsit~t~~I ~c~usin~ is defined in section ~~~~b} of the h~IcKinney Act X42 U.Q.C. l 1 ~8~{b~}. See also ~ 5$3.~~}. ~`r~he is defined in section 10~ of the Housing and Cvm~rrunity l~evelapment Act ai' lq'~~ ~~1~ C.SRC. 53~~}, ~r~~ ~~u~~t is defined in section. 1 ~~~a}~~} cif the l"Iousing and Community ~evelvprnent Act of l q7~ ~~2 U.S,C 5~~~(a~~~}}. ~n general, urban counties are those counties that are eligible for an entitlernen~ grant under ~~ CFR part 5~~, subpart f3. ~~ l ER ~ i 1 ~~, Sept. 3a, l ~~ subpart B-•-~i~t~n~e Provided § ~8~.~~ Types and u~ o~ assis~n~. ~~} ~r~nt c~'~~ist~nc~. Assistance in the form of grants is available for acquisition of structure, rehabilitation of .structures, acquisition and rehabilitation of structures, new construction, leasing, operating casts for supportivve housing, anal .supportive services, as described in ~§ Sg~.l4~ through 5g3. i ~5. Applicants may apply fir mare than one type of assistance. fib} ~I.~es o,~~rctnr assist~n~e. grant assistance may be used to: ~l }Establish new supportive housing facilities Qr new facilities to provide supportive services; i (?}Expand existing facilities in arder to increase the number of hameltss persons ,served; ~3}Bring existing facilities up to a level that meets State and local government health and safety standards;. ~4} Pro~r ide additional supportive ser~1ices far residents of supportive hauling or far homeless persons not residing in supportive hauling; (~} Purchase HUI~-awned single family properties currently leased by the applicant fnr use as a homeless facility uhder ~~ Cl~ part ~~l ~ and ~~}Continue funding supportive housing v~Jhere the recipient. has received funding under this part for leasing, supportive services, or aperat~ng GostiJR ~c} ~truc~tures r,~s~d ~r~r rn~~tipl~ pu~pose~~~ Structures used t.o provide supportive housing ar supportive services may alsp be used far other purposes, except that assistance under this part will be available only in proportion to the use of the structure for supportiti~e housing ar supportive services. ~d} ~"~c~r~~r~~~ r~4~~s~.~~t~r~~e. H~1~ may offer technical assistance, as described in ~ ~8~.1~~. ~~8 l 1 ~8~ 1, lVlar, i 5,1 ~~4 as amended at ~q PR ~og'~l, July 1~,1~~4] ~ ~$~.~~~ grants for acquisition and rel~d~ilita~on. ~a} Use. ~CIL~ will grant funds to recipients tv: ~ l } Pay a portion o~ the cost of the acquisition of real property selected by the recipients for use in the provision of supportive housing ar supportive servi~e.s, including the repayment of any outstanding debt an a loan made to purchase property that has not been used previously as supportive hauling or for sup~rtive servicesf ~~} Pay a portion of the cost of rehabilitation of structures, including cost effective energy measures, selected by the recipients to provide supportive hauling ar supportive services; or ~~} Pay a portion o% the cost of acquisition and rehabilitation of structures, as City of Corpus Christi ~'~Q~~BbJO ~ ~8~ ~ described in paragraphs ~al~ [ ~ and ~~.} of this section. ~b~ Amount. The maximum grant available far acquisition, rehabilitation, ar ac:quisitian and rehabilitation is the lower of: ~ 1 ~ $?i~a,~aa; or ~~}The total cast of the acquisitir~n, rehabilitation, car acquisition and rehabilitation minus the applicant's contribution toward the cost, lc l In~r~us~~ ~crnnunt~s. ~~~ areas determi~~ed by HUD to have high acquisition and rehabilitation costs, grants of more than ~~(~,€~, but not mare than ~~aa,af~, may be available. ~ x$3.1 ~~ grants for new construction. ~a.} ~`se. HUD will grant funds to recipients to pay a portion of the cast of new construction, including cost.-effective energy measures and the cost of land associated with that ct~ns~uction, for use in the provision cif supportive housing. ~tf the grant funds are used far nev~1 construction, the applicant must demonstrate that the cots ass~iated with new construction are substantially less than the casts associated with rehabilitation or that. there is a lack of available appropriate units that could be rehabilitated at a cost less than new construction, For purposes of this cost comparison, costs associated with. rehabilitation or new construction may include the cost of real property acquisition. ~b~ Arnrrun#. The m~xinnum grant available for new construction is the rawer of: ~2~ the total cost of the .new construction, including the cost of land assaciate~d with that construction, minus the applicant's contribution toward the cast of same. ~ 5~3,~5 grants for leasing. ~a) ~en~ru~. HUD will provide grants to pay has described in ~ 583.13 of this part} far the actual costs of Teasing a structure ar structures, or portions thereof, used to provide supportive housing ar supportive services far up to f;ve years, fib)€1) ~e~sin.~ structures. where grants amused to pay rent for all or part of structures, the rent paid must be reasonable in relation to rents being charged in the area for comparable space, In addition, the rent paid may not exceed rents currently being charged by the sa~ae owner for comparable space, ~~} ~~~,sin~ irtr~rvi~~uui uni#.~~. where grants are used to pay rent far individual housing units? the rent paid must be reasonable in relation to rents being charged for comparable units, taking into account the location, si~,e, ty~, quality, amenities, facilities, and management services, fn addition, the rents may not exceed rents currently being charged by the same owner for comparable unassisted units, and the portion of rents paid with grant funds may not exceed HUD-determined fair market mats. Recipients may use grant funds in an amount up to o~~e month's rent to pay the non»recipient landlord for any damages to leased. units by homeless participants, X58 ~ l 38~ 1, star. 1 ~,1 ~~3, as amended at Sq 3~8~1, duly lq,19~~] ~ ~83.12A ~raot~ fnr supportive services cos#~. ~a} ~~n~erc~~. HUD will provide grants to pay has described in ~ 583,13a o~ this part} far the actuhl casts of supportive services for harneless arsons far up to five years. All or part of the sup~rtive services may be provided dir~tly by the recipient or by .arrangement with public or private service providers. (b} Su~p~~rrti~~e ~s~r~ic~i~~r casts. Costs associated with providing supportive services include salaries paid to prodders of supportive. services and any other costs directly assisted with .providing such services, F`or a transitional housing project, supportive services costs also include the costs of services provided to former residents of transitional housing to assist their adjustment to independent living. Such services may be provided. for up to six months after they leave the transitional housing facility, X58 F~ 13871, Nfar, 1.5,13, as amended at 59 FR 3891, July l q, t 994} ~ ~~3~1~ grants fur operating costs. ~a~ ~enerr~. HUFJ will provide grants to pay a portion has described in ~ 583.130 of the actual operating casts of supportive housing for up to five years. (b~ ~perarin~ ~osrs. Qperating costs are these assc~cciated with the day-today operation of the supportive housing. They also include the City of Corpus Christi T~aa~~~~~aa~a~ actual expenses that a recipient incurs for conducting on-going assessments of tl~e supportive ser~lices needed by residents and the availability of such services; relocation assistance under ~ 5~~.31~, including payments and services; and insurance. (~~ ~eci~ier~t jru~tc~ requr'r~rMCnt; fc~r c~~cratin~ coats, Assistance far operating casts will ~ available far up to ~S percent of the total cost in each gear of the grant term, The recipient must pay the percentage of the actual operating costs not funded by HAD. At the end ref each operating year the recipient must demonstrate that it has met its match requirement of the costs for that year. ~~~ ~ 1571, Mar,1S,1~g3, as amended at b1 Fit ~ l 1 ~~, Sept, ~o,1g9~; h5 l~R ~~5~~, May l ~, ~~ 5~3.~3~ ~ammitmen~ ~f grant a~noun~ far ~ea~ing, ~upp~xtiYe services, and Qpern~ng cost l~pan execution of a grant agreement cQVet~ing assistance for leasing, supportive services, or operating casts, BUD will obligate airrtot~nCs for a period not to exceed ~ ve operating years. The. fatal amount obligated will be equal to an amount necessary far the specified years of operation, less the recipient's share of operating casts. . Approved by the office of Management and Budget under ~MMB control .number ~~~1 l ?~ ~~q ~. 3~5~ 1, ~ul~i l 9,1 q~ 583.~3~ Administrative costs. ~a} ~er~era~, t~P to five percent of any grant awarded under this part may be used ft~r the .Purpose of paying costs of administering the assistance. fib} Ad~nxr~isxrativ~ costs. Administrative costs incl ode the casts assoc fated with acc~unti~~ for the use of grant funds, preparing reports for ~ubmissian to ~iJ~, obtaining program audits, similar casts related tv administering the grant after the award, and staff salaries associated with these administrative costs. They do not include the costs of carrying out eligible activities under §~ X53.1 aS through X53,1 ~.,5. ~ ~ 5 ~R 138 1, Mar.1 ~,1 3, as amended at ~ l ~ 1 l ?~, Sept. 3~,1 ~~h~ ~ ~~3.1~U Technieai asstance. ~a~ ~~n~ra~. HUI~ may set aside funds a~~nually to prvv ide technical assistance, either directly by ~~ staff or indirectly through third-party pr~aviders, for any supportive housing project. This technical assistance is for the purpose of promoting the development of supportive housing and supportive services as part of a continuum of care approach, including innovative approaches to assist homeless persons in the transition from homelessness, and prornating the provision of supportive, housing to homeless persons to enable them to live as independently as passible. fib) ~Is~.~ of t~c~rnic~al assr~sta~~cc. ~'~~ may use these funds to provide technical assistance to prospective applicants, applicants, recipients, or other providers of supportive hauling ar ser~lices far harneless persons, far supportive hauling projects. The assistance nay include, but is not limited to, written infvrmatian such as papers, monographs, manuals, guides, and brochures; person•to-Person exchanges; and training and related. costs. ~c} ~e~ecti~n r~fprvuir~t~~~s. from time to time, as Ht~ determines the need, ~tJD may advertise and competitively select providers to deliver technical assistance Hl~ may enter into contracts, grants, yr cooperative agreements, v~hen necessary, to i~rnplement the technical assistance. [~~ l~R ~~Sq2, duly 1 q, l 9~4~ ~ ~~3.~4~ Mat~hin~ xequiremen~€. ~a~ ~en~rat. The recipient must. match the funds provided by 13~ far .grants for acquisition, reh~biltatian, and new constr~~ctian ~vith an equal amount of funds from other sources. fib) Gash res~vurc~s. The matc.hxng funds must be cash resources provided to the project by one or mare of the following: the recipient, the ~`ederal governnnent, State and local governments, an private resources. ~c~ hfa~ntenar~c~ of ~~'vrt. Mate ar local government funds used in the matching contribution are subject to the maintenance of effort requirements described at ~ SS3.1~~~a~. ~ ~8~.1~~ ~in~itadans pan use of assistance. ~a} ~iatnt~n,an~x~ of ~ffvrt. l*1o assistance provided under this part for any State or local government funds used to supplement this City of Corpus Christi T2~B~~~ ~~~ ~ a,~sistance) may be used to replace State or luc~al funds previously used, ar designated for ~~se, to assist homeless persons. ~h} F~it~~-~as~~ cacti vi~i~~.~. (1 } Organizations that are religious or faith-based are eligible, on the same basis as any other organization, to participate in the Supportive Housing Program. Neither the Federal government nor a State or local government receiving funds under Supportive Housing programs shall discriminate against an organization on the basis Qf the organization's religious character or affiliation. ~~}Organizations that are directly funded under ~e Supportive HQUSing Program may not engage in inherently religious acti~~ities, such as v~orship, religious instruction, car prt~selytization as part of the programs ar services funded under this part. If an organization conducts such activities, the activities must be offered separately, in time or location, frvn~ the programs or services funded under this part, and participation must be voluntary far the beneficiaries of the Ht~l~- funded programs yr services. . ~~ } ~- rel igloos organ iLatian that participates in the Supportive Hauling P~~ogram will retain its indepencnce from Federal, State, and local governments, and nay continue to carry out its mission, including the definition, practice, and expression of its rel igloos bel ief s, provided that it does .not use direct Supportive Housing Program funds to support any inhently religious activities, such as worship, religious instruction, or proselytizatian. among other things, faith-based arganizatians .may use spice in their facilities to provide Suppa~ive Housing Program-funded services, without removing religious art, icons, scriptures, ar other religious symbols. ~n addition, a ~uppartive Housing Pragram-Funded religious arganizativn retains its authority aver its internal governance, and it may retain religious terms in its arganization~s name, select its board members on a religious basis, and include religious references in its organization's mission statements and other governing documents. ~~~ ~n organization that participates in the Supportive Housing .Pragram shall not, in providing program assistance, discriminate against a program beneficiary or pras~etive program beneficiary on the basis cif religion ar religious belief. (~) Program funds may not be used fur the ac~uisitian, construction, or rehabilitation of structures to the extent that thane structures are used for inherently religious activities. Program funds may be used for the acquisition, construction, or ~rehabilitatian of structures only to the extent that those structures are. used for conducting eligible activities under this part. '"here a structure is used. for both eligible and inherently religious activities, program funds may net exceed the east of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cast accounting requirements applicable to Supportive Housing Program funds in this part. Sanctuaries, chapels, or ether rooms that a Supportive Housing Pragram~funded religious congregation uses as its principal place of worship, however, are ineligible f`or Supportive Housing Pragra~n- funded irnprovernents. Disposition of real property after the term of the grant, or any change in use of the property during the term of the grant, i subject to government-wide regulations ,governing real pro~rty disposition ~.~~~ ~~ MFR parts g4 and 8~~. ~~~ ff a State or local government voluntarily contributes its awn funds to supplement federally funded activities, the State or local gavernn~ent has the option t4 segregate the Federal funds ar commingle them.. However, if the funds are commingled, this section applies to all of the commingled funds. (c~ ~'ar~t~c~~~~r~t c~ntrat of sirs. where an applicant does not propane to have control of a site or sites but rather proposes to assist a homeless family ar individual in obtaining a .lease, which may include assistance with rent. payments and receiving supportive .services, after which time the family or individual remains in the same housing without further assistance under .this part, that applicant nay not request assistance for acquisition, rehabilitation, ar new construction. [~l~ FR 138 l , Near, l ~,1 ~3, as amended at ~~ FR 3~g~2, duly 1 ~, l 9~3; ~S FR SG40'1, Sept. 3U, ~~3~ ~83.~~ ~on~o~idated p~~n. Katy cif ~orpu~ ~hrtsti T.~t~1261~~~Qfl~gO n ~a} App~icar~~s ~l~a~ are States ar ur~~r't~ ~~' ~,~~neral ~r~ca~ gn~errrment. The applicant must have aHUD-approved complete ar abbreviated consolidated plan, in accordance with ?4 ~~ part 9l, and mint submit a certification that the application far funding is consistent with. the HUD-approved consolidated plan. Funded applicants must certify in a grant agreement that they are following the HUD-approved consolidated plan. ~b~ Ap~licant.~ t~a~ are riot Sttzlc~.s ~~r ~rtits v~~~~terut irx~ai ~aver~ment, The applicant must submit a certification by the jurisdiction in ~lhich the proposed project will be located that the applicant's application far funding is consistent with the jurisdiction's HUD approved consolidated plan, The certification must be made by the un it of general ln-cal govern meat or the State, in accordance with the cot~sitency certification provisions of the consolidated plan regulations, ~~ ~ part ~l, subpart F. ~c~ Indian tries c~rtd t ~~u~ar Areas a~ f ~~r~a-n, the ~'.~'. virgin Islands, Arnerrctan Sarna~ c~nd the ,~art~err~ .Mariana Ixr~ands. These entities are not required to have a consolidated plan ar to male consolidated plan certificatio~~s. An application by an Indian tribe ar other applicant far a project that will located on a reservation of an Indian tribe will .nat. require a certif nation by the tribe car the Mate. However, where an fndian tribe is the applicant far a project that will not be located on a reservation, the requirement for a certif~catian under paragraph fib} of this section will apply. ~d~ ~'ir~ing of cr~n~o~idated plan eerti rcarion .su~rnssians. Unless otherwise .set. Earth in the N(~FA, the required certification that the application far funding is consistent with the BUD-approved consolidated plan must be submitted by the funding application submission deadline annaunce~ in the NDFA. [dU FR l b:3~Q, Mar, ~~,1995] Subpart C~--Applica?don .and grant Award Proce~ ~ a8~~2~ Appliea~on and grant award when funds are made available far assistance, HUD will publish a notice of funding availability ~N~aFA~ in the FEDERAL RE~I.STER, in accordance with the requirements of ~ Cam. part 4, HUD will view and screen applications in accordance with the requirements in section ~~b of the Nlcl~inney Act ~~2 LT.S.C. l 138}and the guidelines, rating criteria, and procedures published in the Nt]FA, [6l FR ~ l ~ fib, Sept. 3Q, ~ 99b~ ~ ~83.23o Environmental review. ~a~ Activities under this part are subject to HUD environmental regulations in part ~~ of this title, except that HUD will pe~'arm an environmental review in accordance with part ~~ of this title prior to itss approval cif any conditionally selected applications far Fiscal Fear ~t and prior years that were received directly from private nonprofit entities and governmental entities with special or limited purrp~ase powers. For activities under a grant that generally would be subject to review under part. 5~, HUD may make a finding i~~ accordance with ~ 5~, l l ~d~ and may itself pertorrn the environmental review under the pravts~ans of part ~~ of this title if the recipient objects in writing to the responsible entity's performing the review under part ~~, irrespective of whether the responsible entity in accord with part ~g for HUI~ in .accord with part 5~j performs the environmental review°, the recipient shall supply all available, relevant information necessary far the responsible entity {or ~~, if applicable} to perform far each prorty any environmental review required by this part. The recipient also shall carry out mitigating measures required by the responsible entity far HUD, if applicable) ar select alternate eligible property. HUD may eliminate from consideration any a~plicatian that would require an Environmental Impact Statement ~EIS~. ~'b~ The recipient, its project partners and their contractors may not acquire, rehabilitate, convert, lease, repair, dispose off, demolish or construct pro~rty fora project under this part, ar commit or expend HUD or local f ands far such eligible activities under this part, until the responsible entity has defined in ~ 5g.2 of this titled has completed the environmental review procedures required by part 58 and the environmental certification and RRDF have been approved car HUD has performed an environmental review under part ~~ and the recipient has received ~ appraval_ of the property, ~ will not release grant funds if the recipient or any other party commits grant funds ~i.e., incurs any casts or expenditures to be paid City of Carpus Christi TXt~~~t~~4 ~ 0801 car reimbursed with such funds before the recipient submits and HUD approves its .Rl~dl where such submission is required~~ [b8 F~ 5131, Sept. ~9, ?~~] ~ S$~~~3~ Renewal grurn~. Via) ~~n.er~~. Grants made under this part, and grants made under subtitles ~ and ~ the ,Supportive Housing .Demonstration and SAFAH, respectively} of the Stewart B. Mc~inney l~iomeless Assistance Act as in effect before Goober X8,1 q92~, may be renewed on a noncompetitive basis to continue ongoing .leasing, operations, and supportive services far additional years beyond the, initial funding ~riod. Tc~ be considered for renewal funding fdr leasing, operating casts, car supportive services, rec ipient must submit a request far such funding in the farm specified by ~t.lD, must meet the requirements of this part, and must submit requests within the tune period established by Ht,~i. ~b~ Ass~~~tane~ ~avai~r~bte. The first renewal will be far a period of tirr~e not to ea~ceed the difference between the end of the initial funding period and ten years from the date of initial occupancy ar the date of initial service provision, as applicable. ~y subsequent renewal will be for a period of time not to exceed five yearns Assistance during each year of the renewal period., subject to maintenance of effort requirements under X83.1 Soia~ may be far: { l } Cep to 5~D percent of the actual operating and leasing casts in the Einar year of the initial funding period; ~~} Up to the amount of HUD assistance for sup~rtive services in the final year of the initial funding period;. and (~~ An allowance far cast increases. (c} HAD review. ~l}HUD will review the request far renewal and will evaluate the recipient's perfarn~ance in previous years against the plans and goals established in the initial application for assistance, as amended. HUD will approve the request for renewal unless the recipient proposes tv serve a population that is not .homeless, or the recipient has not shown adequate progress as .evidenced ley an unacceptably slow expenditure of funds, or the recipient has been unsuccessful in assisting participants in at~hieving and maintaining independent living. l.n determining the recipient's success m assisting participants to achieve and maintain independent living, cc~nsideratian will l~ given to the level and type cif problems of participants, for recipients with ~ poor record of success, HUD will also consider the recipient's willingness to accept technical assistance and to make changes suggested by technical assistance providers, ~3ther factors which will affect HUD's decision to approve a renewal request include the following; a continuing history of inadequate f financial management accounting practices, indications of mismanagement on the part of the recipient, a drastic reduction in the population served by the recipient, program changes made by the recipient. without prior ~ approval, and los.° of project site.. (~} BUD reserves the right to reject a request from any organization with an outstanding obligation to .HUD that is in arrears or far which a payment schedule has not been agreed to, or whose res~nse to an audit finding is overdue ar unsatisfactory. ~;~~ HUD will notify the recipient in writing that the request has been approved or disapproved, Approved by the office of l~artagement and audget under central number ~S~ l 1 ~) ~ubpar~ ~Prra~ Requirements ~ ~5~.~ ~n~ral operation. (a~ ~ta~~ ~n~ ~~ca~ re~~ircm~r~rs. Each recipient of assistance under this part must provide housing or services that are in compliance with all applicable State and local housing codes, licensing requirements, and any other requirements. in the jurisdiction in which the project is located regarding the condition of the structure and the operation of the housing ar services. ~b~ ~a.~itc~iiiry sta~ards. Except fpr such variations as are proposed by the recipient and approved by HUTS, supportive housing must. meet the fallowing requirements: 1 } Stricture aid ~r~,ri~~.~. The structures must be structurally sound sa as not to pose any threat to the health and safety of the occupants and so as to protect the residents from the elements, pity of corpus ~haristi ~'(~~~~~~~ 1 dS~ 1 ~2) A~c~~s.~, The hauling mint be accessible and capable of Ding utilised ~~lithaut unauthc~ri~ed use of other private properties, structures mint provide alternate means of egress incase of fire. 4~~ Space a~~d s~c~r~ry~. Each resident must be afforded adequate space and security far themselves and their belongings Each resident must be pravlided an acceptable place to sleep, (~ Interior sir ~~~~iity, Every roam or space must ~e provided with. natural ar mechanical ventilation, structures must free of pollutants in the air at levels that threaten the health of residents. ~~~ w~a~er .~~~pp~~F, The water supply must be free iram contamination. .., ~~~ Sunitar~t~a~~i~tt~s. Resi eats must have access to sufficient sanitary facilities that are in prc~r aerating ca~ditian, may be used in privacy, and are adequate for personal cleanliness and the disposal of human waste, ~7'~~ ~~r~nui ~n~?iran~rtent. The housing must have adequate heating andlar cooling facilities in .proper operating condition. ~~~ ~iiuir~~tian and ~i~c~tri~ity~. The housing gust have ade+~uate natural ar artificial llutnnatian to permit normal indoor activities and to support the health and safety of residents. Sufficient electrical sources must be provided to ~rmit use of essential electrical appliances while assuring safety from fire. ~~} ~"c~ad pr~~araticar~ end re,s~ di~pt~sai, All food :preparation areas must contain suitable space and equipment to store, prepare, and serve fwd in a sanitary manner. ~ i a}Sanitary ~c~nditi~n. The housing and any equipment must be maintained in sanitary condition, (l l ~ Firs sa~~rvr ~i~ .Each unit must include at least one battery-operated ar hard- wired smoke detector, in proper working condition, an each occupied level of the unit. Smoke detectors must be heated, to the extent practicable, in a hallway adjacent to a bedroom. ~f the unit is occupied by hearing- impaired persrans, smoke detectors must have an alarm system designed far hearing-impaired persons in each l~droam occupied by shearing-impaired person. iii) The public areas of all hawing must be equip~d with a sufficient number, but not less than cane for each area, of battery-operated or hard-wired smoke detectors. Public areas include, but are not limited ta, laundry roams, community rooms, day care Centers, hallways, stairwells, and other common areas. ~c} '~ral,~. Each recipient cif assistance under' this part who provides supportive hauling far homeless persons with disabilities must provide meals or meal preparation facilities far residents. ~d~ f~n~c~ir~~ as~~~ssri~ent a~s~~pprrrti~~r~ ~~~rvrc~~~~. Each recipient of assistance under this part must conduct an ongoing assessment of the supportive services required by the residents of the ,project and the availability of such services, and make adjustments as appropriate, {e~ R'~sidentt~i superviR~i~n, Each recipient of assistance under this part must provide residential supervision as necessary to facilitate the adequate provision of supportive services to the residents of the hauling throughout the term. of the cam~nitrnent to operate supportive housing. Residential supervision may include the employment of a fullW car partMtime residential supervisor with sufficient knowledge to provide ar to supervise the provision of supportive services to the resid-ents, ~f~ ~'ar~icipativn a~ha~~i~s5s persons. ~ i ~ 1 each recipient must provide far the pa~~ticipation of homeless persons as required in section ~~~~g} of the NtcKinney Act ~4~ 1wS.,~.~. i l 3g~g~~. This requirement is waived if an applicant is unable to meet it and presents a plan far ~ approval to otherwise consult with hanreless ar formerly homeless persons in considering and making policies and decisions, fee also ~ 5~3.~3~e~. ~~'~ Each recipient of assistance under this part must, to the maximum extent practicable, involve .homeless individuals and fatuities, through employment, volunteer services, or otherwise, in constructing, rehabilitating, maintaining, and operating the project and in providing supportive services for the project, (g~ ~t~c~ar and r~parts, Each recipient of assistance under this part must keep any retards and make any repots (including those pity ~f corpus ~hrtsti T~t~l~f~l~~Ja 1 ~g~ rtaining to race, ethnicity, gender, and disability status data that HC.~D may re~alire within the timeframe required. (h} ~'nn~"~t~nti~~i~, each recipient t1~at provides family violence prevention or treat~~nent services must develop and implement prc~edures to ensure: l }The confidentiality of records pertaining to any individual services; and ~2) That the address or location of anyr project assisted will not be made public, except with written authorisation of the person or persons responsible for the operation of the prajeGt. ~i} ~'er~ir~ari~n r~~'~~vu.~°irt~ assi.sta~c~~~ The recipient may terminate assistance to a participant who violates program recluirements~ Recipients should terminate as~ista~ce only in the roast severe cases. Recipients may resume , assistance to a participant whose assistance was previously terminated. ~n terminatirtg assistance to a participant, the recipient must provicJe a formal. process that recognises the rights of individuals receiving assistance to due press of law, This process, at a minimum, must consist af, ~ 1 }written notice to the participant containing a clear statement of the reasons for termination; {2~ A review of the decision, in which the participant is given the opportunity to present written Qr oral objections before a rsan other than the person (ar a subordinate of that persons who made or approved the terrninatian decision; ana ~~} Pran~pt written notice of the final decision to the participant. ~~ Li~ita~ian ~f s~acy~ try trunsitinrtal ~~oxisirt~. A .homeless individual or family may r~tr~aln in transitional housing far a .period longer than 24 months, if permanent hauling fox the individual or family h~ oat been located ar if the individ~ial or family requires additions[ time to prepare far indendent living. However, IUD day discontinue assistance for a transitional housing project if mare than half of the homeless indiviaual ar families remain in that project longer than months. ~k) ~ut~a#ient ~eui~~t services. f}utpatient health services provided by the recipient must be approved as appropriate by HUD and the Department of Ht~alth and Human Services IHH~}. upon receipt~af an application that proposes the provision aT outpatient health services, HUD will consult with HHS with respect to the apprt~priateness of the prapafied services. {l~ ~~nuul a,~~surur~~Res. Recipients who receive assistance only fc~r leasing, operating cans or supportive services costs muss provide an annual assurance far each year such assistance is received that the project will be operated far the purpose spec if led i n the application. Approved by the af~ce of Management and Budget under control number ~5(~ 1 l ~,~ X58 lwR 1 ~$~ l ,Mar, l 5,1 X93, as amended at 5~ FR ;~hB~Z, July 1 ~,19g4; ~ 1 FR ~ l 1 ?~, Sept. ~4, l~~f~ ~8~.3~5 Term of commitn~e~nt; repayment o~ grants; ~revenlon off' undue henef~. ~a~ ~CE~- ~~Ll/~~€~~~~ ~~ l~lxJrFYG~+.3rF~!!~a Recipients must agree to operate the hauling or pray°ide supportive services in accordance ~vith this part anal with ,sections ~~~ fib,}~ l }and (b~~3~ of the McKinney Act ~~~ U.S.C.11 ~$~~b~)~ l ~, l 1~~~~b~~~)~~ ~~ .~epa~irnent off' grant and ~rever~ra~n ~,~`uu~ ben~~ts. In accordance with section 4~~~e~ of the McKinney Act ~~~ U,S:~. 11 ~83(c~}, HUD wild require recipients to repay the grant unless HUD has authorised conversion of ~e project under section ~~~~b~~3} of the I~cKit~ney Act ~4~ U.S,~. l 1383~b~~~~}. ~ ~R ~11'1h, Sept. 3±~,1~~~ ~ al~~~~~D Displacement, r~~ttion, and ucquisi~iori. (a} ,MtiZXi~!'~t~~ r~~sy~~acernent. ~ons~stent with the other goals and o~je,ctives of this part, recipients must assure that they have taken all reasonable steps to minirni2e the dispiac~ment. of persons families, Individuals, businesses, nonprofit organizations, and farms as a result of supportive housing assisted under this part. (b;} ~e~~clatr`~n assistar~re~or ~is~iace~ persons. A displaced person (defined in paragraph ~f~ of this section} must be provided relQCation assistance at the levels described in, and in accordance with, the requirements of the Uniform Relocation Assistance and Real pity ~f corpus Ch~st~ T~~~a~~a~a~~~ l~~operty Acquisition Policies Act of l q~~ (URA} (42 U.S,C~ ~t~1~6~~}and implementing regulations at 49 CFR part 2~. ~c) deal ~rc~p~rty ac~uisit~on r~t~u~r~~ter~ts The acquisition of real property far supportive housing is subject to the URA and the requirements described in 4q ~~ part ~4, subpart B, (d} ~~~~ot~s ibitity of rer, i~~~r~r. ~ l ~ The recipient must certify (t.e., provide assurance of compliance} that it will comply with the URA, the regulations at 44 MFR part ~~, and the r~qu~rernents o this section, and must ensure such compliance notwithstanding any third party's contractual obligation to the recipient to comply with these provisions (~}The cost of required relocation assistance is an eligible project cast in the same manner and to the same extent as other project casts. such costs also may lie paid for with local public funds or funds available from other sources. (~}The recipient must maintain records insufficient detail to demonstrate compliance v~3ith provisions cif this section. {e} A~~~,~. A person who disagrees with the recipient's determin~tiQn concerning whether the person qualifies as a "displaced person,,' or the amount of relocation assistance for which. the person is eligible, may file a written appeal of that determination with the recipient. Alaw-income person who is dissatisfied with the recipient's deterrrtination an his ar her appeal may submit a written request for review of that determination to the BUD field office. ~~ ~e~ntivr~ a~'displ~eed;p~r~sr~r~. ~ l ~ Far purposes of this section, the-term "displaced person" means a person (family, individual, business, nonprofit organi~tion, or t'arm~ that moves from real property, yr rnaves personal property from real property .permanently as a direct result of acquisition, rehabilitation, ar demolition far supportive housing projects assisted under this part, The term "displaced person" includes, but may not be limited ta, ~ i} ,~ person that moves permanently from the real property after the property owner ~~r person in control of the site) issues a vacate notice, or refuses tv renew an expiring lease in order to evade the responsibility to provide re ovation assistance, tf the move occurs on ar after the date the recipient submits to HUD the application ter application amendment. designating the project site. (iii Any person, including a person who moves before the date described in paragraph t,f}(1 }~i~ of this section, if the recipient or HUD determines that the displacement resulted directly .from acquisition, rehabilitation, or demolition for the assisted pro°ect. viii) A tenant~occupant of a dwelling unit who naves permanently from the building/camplex on ar after the date of the ``initiation of negotiations" (see paragraph (g) of this sectiox~~ if the wave occurs before the tenant has been provided written notice offering him ~r her the opportunity to lease and occupy a suitable, decent, safe and sanitary dwelling in the same buildings carnple~c, under reasonable terms and conditions, upon carnpletian of the project. such reasonable terms and conditions must. include a monthly rent and estimated average monthly utility casts that do not exceed the greater af: ~A~ The tenant's monthly rent before the initiation of negotiations and estimated average utility costs, Qr ~~} ~Q percent of gross household income. ~f the initial rent is at or near the maximum, there must be a reasonable basis for conci~ding at the time the project is initiated that future .rent increases will be modest, (ivy A tenant of a dwelling who is required to relocate tem~rarily, but does nit return to the buildinglc~amplex, if either (A~ .~ tenant is not offered payment far all. reasonable out-of-pocket exnses incurred in connection with the ten~parary relocation, or ~B} Uther conditions of the temporary relocation are not reasonable, (v} A tenant of a dwelling who moves from the building~co~plex permanently after he or she has been required to move to another unit in the same buildingfcomplex, if either: ~A) T'he tenant is not offered reimbursement for all reasonable out~of-pocket expenses incurred in connection with the move; or City of Corpus Christi T~~~~~B~.~~~~81~1 ~~~ ether conditiar~s of the n~ovc are not reasonable. ~~} l~otwithstanding the provisions of paragraph ~~{ l ~ of this section, a person does not goal ify as a ' `displaced person" hand is not eligible for relocation assistance under the BRA ar this section}, if: ~i~ The person has been evicted for serious ar repeated violation of the terms and conditions of the lease or occupancy agreeme~xt, violation of applicable Federal, State, or local or tribal law, ar ether good cause, and ~t~D determines that the eviction was not undertal~en i'or the purpose of evading the abli~atian to provide relocation assistance ~ii~ The person moved into the property after the submission o the application and, before signing a lease and can~n~encing occupancy, was provided written notice of the project, its possible irrapact on the person ~e:g,, the person may be displaced, temporarily relocated, or suffer a rent increased and the fact. that the pe~rsvn would not qualify as a "displaced person" far for any assistance provided under this section, if the project is approved; (iii} The person is ineligible under ~9 CFR ~4:~~g}~~); or Div) ~UfJ determines that the person was not displaced as a direct result of acquisition, rehabilitation, or demolition for the project. ~~~ The recipient may request, at any time, ~.UL~'s determination of whether a displacement is or would !~ covered under this section. ~g~ ~3e~ntti~an o~'initEatia~ a,~ negatiot~a~s. For purposes of determining the formula for computing the replacement housing assistance to be provided to a residential tenant displaced as a .direct result of privately undertaken rehabilitation, demolition, ar acquisition of the real property, the term "initiation of negotiations" means the execution of the agreement between. the recipient and ~lJl]. ~h~ ~e~nition of prajec~t, For purposes of this section, the term "project" means an undertaking paid far in whole or in part. with assistance under this part. Tv~o ar more activities that ark integrally dated, each essential to the ~~thers, are considered a single project, whether ar not al! component a~,t~v~t~es ~"eCG1v~ a4~l~tance under this part. 5 ~ FR 13 S 7' l , Mar. l ~, 19q 3, as amended at ~~ FR 3689, July l ~, ~ ~9~] 583,31 resident rent. ~a~ ~"alcutattt~t~ f~f r~~i~'~rr1 rc3~t. l~~ch resident of supportive housing may be required to pay as rent an amount. determined by the recipient which may not exceed the highest af: ~ 1 3a percent of the family's rnanthly adjusted income adjustment factors include the number of people in the family, age of family members, medical expenses and child care expenses}. The calculation of the family's monthly adjusted income must include the expense deductions provided in ~4 CFR x.611 ~.a~, and fr~r persons with disabilities, the calculation of the family's monthly adjusted income also must include the disallowance of earned income as provided in ~4 MFR 5.61 ~, if applicable; (2} 1 a percent of the ran~ily's monthly gross income; ar ~3) tf the family is receiving payments far welfare assistance from a public agency and a part of the payments, adjusted in accordance with the family's actual housing casts, is specifically designated by tie agency tv meet the family's housing costs, the portion of the payment that is designated far housing costs. ~b~ ~~e of rest, Resident rent may be used in the operation of the project or may be reser`red, ~n whale or ~n part, t(3 assist residents of transitional hauling in moving to permanent hausingf ~c} Fees, to addition to resident rent, recipients may charge residents reasonable fees far services not paid with grant funds. ~~~ FR l 38~ 1, Mar. l ~, l ~, as amended at 59 FR 3~8~~, Juiy l 9, l 99~; f~ FR d2~~, Jan. 1 ~, ~{H~l 5~3.3~U Site central. ~a) Site cc~ntra~, (1) where grant funds will be used for acquisition, rehabilitation, or new construction to provide supportive housing ar supportive services, or where grant funds will be used far operating costs of supportive housing, or where grant funds will be used to provide supportive services except where an City of Carpus Christi T~bI~~Q1~~~ applicant will provide services at sites 1~©~ operated by the applicant, an applicant mint demonstrate site control before HU~I~ will execute a grant agreement ~e.g., through a deed, lease, executed contract of sale}. If such 4ite control is not demonstrated within one year after initial notification of the award of assistance ender this part, the grant will be deobligated as provided in paragraph (c} of this section. ~?}where grant funds will be used to lease all or part of a structure to provide supportive housing or supportive services, or where grant funds will be used to lease individual housing units for homeless persons who will eventually control the units, site control need not be de~monstrated~ fib} ~S~t~ ~~h~~~. { 1 } A recipient may obtain ownership or control of a suitable site different franc the one specified in its application. Retention of an assistance award is subject to the new site's meeting ail requirements under this pant for suitable sites. ~~~ If the acquisition, rehabilitation, acquisition and rehabilitation, or new construction costs for the substitute site are greater than the amount of the grant awarded for the site specified in the application, the recipient must provide far all additional costs. If the recipient is unable to demonstrate to AHD that it is able to ptavide for the difference in costs, HI~I~ may deoblgate the .award of assistance. ~C} ~~ilur~ ra ~~t~in sits ~~~~ttrol wathi~a ~n~ ~y~~r. ~D will recapture or deobligate any award for assistance under this part if the recipient is not in control of a suitable site before the expiratio~a of one year after initial notification of an award. ~ ~83.~2~ l~andisrrimna~an and e~uai ~~~n~~' r@t~U1r~n1~n~Si. ~a~ Cen~r~t. Notwithstanding the permissibility of proposals that serve designated populations of disabled homeless persons, recipients serving a designated population of disabled. homeless persons are required, within the designated pa~ulation, t~ comply with these requirements for nondiscrimination on the basis of race, color, religion, sex, national origin, :age, familial status, and disability. ~b~ 1~Qr~dis~r~rnin~tidn ~n€~ equal ~~-~artur~ity requirements. The nondis~cr~n~ination and equal opportunity requirements set forth at part ~ of this title apply to this program. The Indian Civil Rights Act l2~ H.S.C. 13~ 1 et seq.} applies to tribes when they exercise their powers of self-go~Pernment, and to Indian housing authorities ~IHAs} when established by the exercise of such powers. when an IHA is established under State law, the applicability of the Indian Civil Rights Act will be determined on a case~by~case basis. P'rv~ec~s subject to the Indian Civil Rights Act must be developed and operated incompliance with its provisions and all implementing H11I~ requirements, instead of title ~I and the Fair Housing Act and their implementing regulations. ~c~ ~'rr~~e~'ur~s, ~ 1 ~ If the procedures that the recipient intends to use to make known the availability of the supportive housing are unlikely to reach persons of any particular race, color, religion, sex, age; national origin, familial status, or handicap why may qualify for admission to the housing, the recipient must establish additional procedures that will ensure that such persons can obtain information concerning availability of the housing. ~~~ The recipient must adopt procedures to nnake available information an the existence and Ic~ations of facilities and services that are accessible to persons with a handicap and maintain evidence of implementation of the pr~edures. ~d} ~c~r~ssibt~it~ re~-uir~e~m~:~rs, The recipient must comply with the new construction accessibility requirements of the Fair .Housing Act and section 50~ of the Rehabilitation Act of 1-91~, and the reasonable accommodation and rehabilitation accessibility t~quirements of section 50~ as follows. ~i~ Ail new construction must meet the accessibility requirements of ~4 CFR ~.~2 and, as appl icable, ~~ ~~ ~ oo.~a~ (2~ ~ro~ects in which costs of rehabilitation are '~5 percent or more of the replacement cast of the building must. meet the req~irem~ents of ~# CSR $.2~~a~. ether rehabilitation must meet the requirements of ?~ C~ 8,~~~b}, ~S FR 1 ~$? 1, ~ar.1~,19g~, as amended at ~9 ~. 33~~,1une ~o, l q9~#; ~ 1 FR 5~ 10, Feb. 9, l ~~; G l FR ~ l 17b, Sept. ~D, l q~~i ~ ~~~»~ Applicab~ity of offer ~edera~ re~r~rements City of Carpus Christi To(~~~B~~olo8U1 ~n addition to the requireme~~ts set. forth in 2~ CFR part ~, use of assistance pruVided. under this part must comply with the following Federal requirements: ~a} .~~nar~ ins~~rar~cle. (1 }The Flac~d Disaster Protection Act of 1q?3 ~~21..1.5.~ ~a(l l ~ l 28~ prohibits the approval al" applications for assistance for acquisition or construction including rehabilitation} for supportive pausing located in an area identified by the Federal Emergency h~lanage~nent Agency (FFI~IA} as having special t~aad hazards, unless: ~i}The community in which the area is situated is participating in the National Flood insurance .Program see 4~ ~;FR parts ~~ through ~9~; ar less than a year has passed since Fl~.~IA notification regarding such ha~rds; and (ii} Flo~ad insurance is obtained as a condition of approval of the application. ~2~ Applicants with supportive housing la~;ated in an area identified by FEMA as having special flood hazards and receiving assistance for acgr~isitian ar construction including rehabilitation}ere responsible far assuring that flood insurance under the National Flood insurance Program is obtained and maintained. ~b}The ~aastal farrier Resources Act of l ~g2 ~ l b U,~.~, 3~~1 ~t seq.) may apply to proposals under this part, depending an the assistance requested, ~c} APP~i~~~~it~= ~~~~ ~"ire°~l~r,~~. The policies, .guidelines, and requirements of GIB ~ir~ular lea. A~-S? ~~ost Principles Applicable to Grants, ~dntracts and t~the~ Agreements with State and Local Governments}and ~~ MFR part g~ apply t~ the .award, acceptance, and use ~f assistance under the pragran~ by governmental entities, and GIB Circular Nas. A- l l ~ (Grants and Cooperative Agreements with fn:stitutians of higher Education, l~aspitals, and Other N~onprafit Grgani~atians~ and A-l ~~ (Cast Principles Applicable to grants, Contracts and Other Agreements with Nonprofit ~nstitutians} apply to the acceptance and use of assistance by pri~rate nanpro~t argani~atiQns,except where inconsistent with the pravxsions of the l~c~inney Act, other Federal statutes, ar this part. ~Capies of +~l~B Circulars may be obtained. from B.t~.P. Publications, raarn ~~{~, New Executive ~3ffice Building, washingtan, ~ 2x503, telephone {242} 3~5-~~~2. This is not a F tall-free number.) There is a limit of two free copies. ~d} 1'.~a~`~~a~.~~d ~c~ir~tt The Lead-Based Paint Poisoning Prevention Act ~~~ t.~.S.~. ~~~ 1--~5~~~, the Residential Lead-Based Paint ~a~ard Reduction .Act off` 1992 (4? U.S.Q. ~~~1-- ~5;~~~, and implementing regulations at part , subparts A, B, ~, K, and R of this title apply to activities under this program. le} ~'~r~~r`~~ts o~'i~rer~,st. ~ 1 } n addition to the conl'~ict of interest requirements in 24 ~~ part S~, na person who is an employee, agent, consultant, officer, or elected or appointed official of the recipient and who exercises ar has exercised any functions or responsibilities with respect to assisted activities¢ ar who is in a p~asitian to participate in a decisianmaking prc~ess or gain inside information with regard to such activities, may obtain a personal ar financial interest or benefit from the activity, ar have an interest in ~,ny contract., subcontract, or agrce~nent w nth respect thereto, ar the proceeds thereunder, either far himself ar herself ar far these with wham he ar she has family or business ties, during his ar her tenure or far one year thereafter. participation by homeless individuals who also are participants under the program in policy ar decisiantna~iug under ~1~~.~aD~f} does not constitute a conflict. of intare~t. ~~} Upon the written request of the recipient, HAD may grant an exception to the pravis~~ons of paragraph ~e}(l } of thus section on a ease-by-case basis ~vhen it determines that the exception will serve to further the purposes of the progrann and the effective and efficient adn~inistratian of the recipient"s project. An exception may be considered only after the recipient has provided the fallowing: ~i}For States and Other governmental entities.,. a disclosure of the nature of the conflict, accompanied by an assurance that there has laeen public disclosure of the conflict and a description of how the public disclosure was madef and iii}For all recipients, an opir~ian of the recipient's attorney that the interest far which the exception is sought would not violate State ar local law. (3} fn determining whether to grant a requested exception after the recipient has City of corpus Christi T~~2~B~~a o~~ ~ satisfactorilym~t the requireme~at of paragraph ~e}~~} ~f this section, Hi~1D will consider the cumulative effect ofthe following factors, u~l~ere applicable: {i~ Whether the exception Would pr~~vide a significant cast benefit or an essential degree of expertise to the project which Would otherwise not be available; iii}'~hether the person affected is a member of a group or class of eligible persons and the exception will permit such person to receive generally the same interests ar benefits as are being made available or provided to the group or class; Viii} Whether the affected rsc~n has withdrawn from his or her functions or responsibilities, or the decisionmaking process with respect to the. specific assisted activity in question; Div} ~Ihether the interest or benefit was present More the affected person was in a position as described in paragraph ~e)~ 1) of this .section; (~v~ Whether undue hardship will result either to the recipient ar the person affected v~hen vueighed against the public interest sserved by avoiding the prohibited conflict; and (vi}Any other relevant considerations. ~f} ~u~it. The financial management systems tared by recipients under this pragrana must provide far audits in accordance with ~~ ~.~ part ~4 or part 45, as ~pplicabie. ~D may perfarrn yr require additional audits as it finds necessaa«y dr appropriate. ~g~ Davis-Bacon ALt.'The provisions of the Davis-~acan Act da not apply to this program. X58 ~ 135? 1, I~ar.1.5,1 ~3, as amended at iii l~R ~~ 11, deb. 9,199; b41~R 5a~~b, Sept. l 5, l ~~~ Subpart ~~Admi~s#ratian ~ ~8~.40~ grant ag~reen~+~nt. ~a~ ~er~er~r. Tne duty tc~ provide supportive housing or supportive services in accordance with the requirements of this part. v~ill be incorporated in a grant agreement executed by HAD and the recipient, (b~ ~ra,~orcement. ~~D will enforce the obligations in the grant agreement through such action as maybe appropriate, including repayment of funds that have already been disbursed to the recipient. ~ ~$3.4~~ Program changes. ~a~ BUD a~~ravc~~. ~1;~ A recipient may not make any significant changes to an approved program without prior ~ilD approval. Significant changes include, but are not limited to, a change in the recipient, a change in the project site, additions ar deletions in the types of activities listed in ~ 553.10 cif this pa~~ approved far the prag~ram ar a shift of mare than 10 percent of funds Pram one approved type of activity to another, and a change in the category of participants to be served. De~nding on the nature of the change, ~~D may require a new certification of consistency with the consolidated plan see 583.155}. ~~) Approval fior changes is contingent upon the application ranking remaining high enough after the approved change to have been com~titively selected far funding in the year the application was selected. ~b~l ~7a~~r~e~~t~tian ~~ other c~an~e~. Any changes to an appravea program that do not. require prior H~~D approval must be fully dacu~nented in the recipient's records. 55 F~.13 S'~ 1, Mar.15, l 3, as amended at 1 5 ~l 1 ~ fi, Sept. 30, 1 ~qfi~ 5g~.~0 ~bl~gatlon and deobligutiQn Qf fund. ~~~ ~~la~at~~~ ~f ~d~r, then ~ dnd the applicant execute a grant agreernertt, funds are obligated to cover the amount of the approved assistance under subpart ~ o this part. The recipient will be exacted to carry out the suprtive housing ar supportive- services activities as pro~sed in the application. ~b~ ~nere~.~e,~. After the initial obligation of funds, ~ v~ill not mane revisions to increase the amount obligated. ~c~ Deabl~~ation. ~ l ~ ~~D may devbiigate all ar parts of grants for acquisition! rehabilitation, acquisition and rehabilitation, or new consfrt~ctian: ~i} If the actual total cost of acquisition, rehabilitation, acquisition and rehabilitation, or new construction is less than the total cost anticipated in the application; or City of Corpus Christi ~T~aQ~~~~1414801 ~,ii} If prapa~ed atytivities for whi€~h funding eras apprc~~ed are r~c~t begun. u~iChi:~ thret~ months or residents da not begin to occupy the facility within nine months after grant. e~e~'utian. ~~~ I~U~ may deabligate the amounts for annual leasing cosh, operating casts or supportive services in and year: (i} If the actual leasing casts, operating casts ar s~~ppartive ser~~ices far that year are less than the fatal cost anticipated ix~ the application; or ~ iii If the proposed supportive pausing ~aperations are net begun within three months after the units are available far occupancy. (3) T`he grant agreen~ent maf set Earth in detail ether circumstances under which funds naay be ~eabligated, and ether sanctions may be imposed, ~~ ~I~I~ may; (i} Readvertise the availability of funds Chat have been deabligated under phis section in a notice of fund availability u~~der ~ ~~,2~a~ ar ~ii~ Award deobligated funds to applications previously submitted in response to the mast recently published notice of fund availability, and in accordance with sul~pa~ of this part. pity of carpus Christi T~(~~B~J4 a8a 1 ExHIBIT B INSURANCE REQUIREMENTS I. Subrecipient's Liability Insurance A. Subrecipient must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Subrecipient must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Subrecipient must furnish to the City's Risk Manager and to the Department or Division responsible for this agreement; 2 copies of Certificates of Insurance, showing the following minimum coverage by insurance company~s}acceptable lathe 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 4F INSURANCE MINIMUM INSURANCE CGVERAGE 3Q-Day written notice of cancellation, material Bodily Injury and Property Damage change, non-renewal or termination is required on Per occurrence ~ aggregate all certificates CGMMERCIAL GENERAL LIABILITY including: $1,D00,000 Combined, Sinale~lim, it 1. Commercial Form 2. Premises - operations 3. Productsl Completed operations Hazard 4. Contractual Liability 5. Independent Contractors 6. Broad Form Property Damage 1. Personallnjury C. In the event ofaccidents of any kind, Subrecipient mustfurnish the Risk Managerwith copies of all reports of such accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. If your insurance company uses the standard ACCRD form, the cancellation clause bottom right} must be amended by adding the wording "changed or" between "be" and "canceled",and deleting the words, "endeavor to",and deleting the wording after "left". In lieu of modification of the ACRD form, separate policy endorsements addressing the same substantive requirements are mandatory. The name of the project must be listed under "Description of operations" At a minimum, a 3o-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 }-~l}, an authorized representative of the insurance company must include a letterspecificallystating whether items 1.8. ~1}-7} are included or excluded. END EXHIBIT C STATE GF TEXAS CGUNTY OF NUECES COC COMPLIANCE AFFIDAVIT KN~IN ALL BY THESE PRESENTS: Date: Affiant: ontinuum of Care Gran ubrecipient Affiant, on oath, swears the following statements are true: I, , am the title} a Texas nonpro it of ~ corporation, which has applied for and been awarded Continuum of Care ~"CGC"} Grant Program funds administered bythe City of Corpus Christi ~"City"}. Priorto the start of the project for which CGC funds have been awarded, as the representative of the above- named subrecipient organization ~"Subrecipient"}, I met with City staff and received copies of the following Federal rules and regulations: GMB Circular A-102 24 CFR Part 1, .3, 5, 8, 24, 35, 45, 84, 85,101,135 and 146, as applicable GMB CircularA-110 24 CFR 583 GMB CircularA-122 41 CFR 60.1 and 60.4, 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, I acknowledge that there may be additional Federal rules and regulations, beyond the rules and regulations listed above, to which the Subrecipient may be subject to and with which the Subrecipient must comply, in accordance with Federal laws. Signed: ~//«i~//d•'/~~~~ - / ~` day of SWOR TO AND SUBSCRIBED before,/° me this the SWORDI . TO AND SUBSCRIBED before ; me this the 2009. ~~~`jY n~,$`~ Hi~.~A CAMPOS `~ `~ Notary Public ~ ~` ~~ * 5TA7E 0~ TEXAS ~ 4f'~,~ ~ . +~~ My Comm. Exp.04-25-2~~0 -. Not ry ublic, tate of Te s ' ~ k: r } ~ _-~~.., EXHIBIT D ~ . CITY QF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi City of Corpus Christi Ord}Hance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See definitions on next page. Y • COMPANY NAME: ~ ~- ~~ d~ P. Q. Box: 1~ STREET ADDRESS: CITY: ,~ ~ ZIP: ~~~ FIRM IS: 1. Corporation ^ 2. Partnership ^ 3. Sole Owner 4. Association ^ 5. Other ~ ~ ~ l~~ ~ 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 Warned "firm." Na Job Title and City Department cif known} 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3°/° or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3°/0 or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "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°/0 or more of the ownership in the above named "firm." Name Consultant CERTIFICATION I cQ~tify that all i~lformatior~ provided is true and correct as of the date of this statement, that I have not knowingly withheld disclas~ra of any info; motion requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. ST~P~EN EI.LI~ ~s~~s~~~~ ~~~~~~~ Certifying Person: ~ Title: Signatcare of ~ ~ - C rti in P+er arn: ~ Date: e fY g s Page 1 of Z 1 i ,~ ` f 1~ DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non- profit organizations. d. "official."The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. e. "ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." f. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Page 2 of Z ~ M ~ ~s t Oily Of Exhibit E COT'puS = .Christi ...w CERTIFICATION REGARDING LOBBYING CERTIFICATIGN FGR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: ~1} No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. ~2} If any funds other than federal appropriated funds have been paid 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, or cooperative agreement, the undersigned shall complete and submit with this a Standard Form-11, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be .included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was mane or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. THE SAL .4TIpN Y, 4 GEOR ORPORATION ure ST'~PHEN ELLIS Print Name of Authorized Individual ~#~E SAi.YATIO~I ARMY, A GE4i~GIA~ORF4RA~iGN J ~ ~j Date Organization Name