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HomeMy WebLinkAboutC2009-349 - 9/8/2009 - ApprovedCaNTINUUM of CARE GRANT AGREEMENT BETWEEN THE CITY of CORPUS CHRISTI ' AND SALVATION ARMY A G~OR~~k C~RP~R~~{ON THE STATE OF TEXAS § KNGW 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 ~"Gity"}, acting through its City Manager or the City Manager's designee ~"City Manager"}, and The Salvation Army ~"Subrecipien#"}, 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 ~"GGG"}funds in the amount of $28,394 to the Subrecipient for assistance in providing supportive housing services for the homeless. NOW, THEREFORE, the City and the Subrecipient have severally and collectively agreed and, by the execution of this Agreement, are bound to the mutual obligations, performances, and accomplishment of the tasks described in this Agreement. SECTION 1. CITY'S FUNDING OBLIGATIGNS. The City agrees to. 1.1 Funding. Provide the Subrecipient not more than Gne Hundred Twenty-eight Thousand Three Hundred Ninety-four Dollars 4$128,394 of CGC funds on a reimbursement basis, based on the stated services to be provided pursuant to the ~~,nr~„a~ Ann~iration for Federal Assistance, PIN numberTX55o54, a copy of which is 2009-349 :and is attached to this Agreement as Exhibit A. MZ009-244 09/05/09 Salvation Army ~.~ lReimbursement. Reimburse CDC funds to the Subrecipient according to this Agreement and as follows; ~A} Not more than $121,452 will be reimbursed to the Subrecipient for payment of operating costs related to supplying supportive housing services for the homeless, ~B} Not more than $45,065 will be reimbursed to the Subrecipient forthe provision of essential supportive housing services to the homeless. ~C} Not more than one half of $8,625 will be reimbursed to the Subrecipientforthe provision of administrative casts related to .supplying supportive housing services far the homeless, with the City retaining the remainder for City-related contract administration costs. SECTION ~. SU~R~CIPIENT'S FUNbING 4BLICATIQNS. Subrecipient agrees to; 2.1 I'~atching Funds. Contribute and provide the following amount of cash as the required C~nC grantfunding match as shown in Exhibit A: ~A} Nat less than $42,454 must be spent by the Subrecipient to provide far the operating costs related to supplying supportive housing services to the homeless. ~~} Not less than $11,26? must be spent by the Subrecipient to provide essential supportive hauling services to the homeless, ~C} Nat less than $4.oa must be spent by the Subrecipient to provide far MIIIIIS costs related to supplying supportive hauling services to the homeless, Z.2 Staff and Adminis~rat'rve Supparti. Provide sufficient staff and administrative sup- ~~~'~~ ort to car out the stated services, supervise the delivery of supportive housing serM p rY vices to homeless persons, and provide supervision and oversight, by the Subreci- pient's~Board .dfi ~i~~c4d~'s, of professional services provided by the Subrecipient, Advisory 2.3 Services and Facilities. Provide services and utilize the facilities or buildings in accordance with the Continuum of Care Grant Program regulations contained in the United States Code of Federal Regulations ~"CFR"}, and including, but not limited to, those federal requirements contained in Sections 5 and 6 of this Agreement, 2.4 Permits and Licensing. Obtain and maintain any permits, certificates, and licen~ ses,that .are required of the stated services and of the facility or the services offered therein by the State of Texas and any other agencies having regulatory jurisdiction over the facility or services, 2.3 Financial Records. Record financial transactions according to accrual accounting procedures ordevelop such accrual information through analysis of the documentation on hand and provide an independent auditforsuch expenditures upon request by the City Manager or the Administrator of the City's Community Development Department ~"ODD"}. Salvation Army Families CaC Agml.dvc Page 2 of 12 r ~ i 2.fi Access to Records. Provide access to all records, documents, reports, or audits regarding the services funded under this Agreement, during regular business hours, for purposes of the United States Department of Housing and Urban Development ~"HUD"}, the City, or CDD, in order to conduct audits or monitoring. 2.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 City as a condition of receiving funds under this Agreement. 2.S Notifica#ion 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 C4C funds expended by the Subrecipient on services not authorized under this Agreement or that are expended in violation of HUD s#atutory and regulatory provisions. 2.1~ Record Retention. The Subrecipient shall retain all required records for three years following the ~nai payment made under this Agreement ar until all pending matters are closed, whichever is later. SECTION 3. TERM; TERMINATION; NOTICES. 3.1 Term. This Agreement commences on September 1, 2409, for a term in accordance with the grant period, provided the City's City Council has approved its execution, and terminates on August 31, 2010, 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 furor 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, farwhich 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 ~Z} business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one ~1 }business day after transmission to the telegraph com- Salvation Army 5i~gles C4C Agmt.doc 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 City: City of Corpus Christi Attn: Admin., Community Dev. P, Q. Box 92?l Corpus Christi, Texas 18469-92?7 X361 } 880-3445 Office X361 } 844-1740 Fax If to the Subrecipient: The Salvation Army Attn: Executive Director 521 Josephine Street Corpus Christi, TX 78401 (361) 884-9497 Office (361) 884-7522 Fax (D) Either party may change the address to which notice is sent by using a method set out above. The Subrecipient shall notify the City of an address change within 10 working days after the address is changed. SECTIQN 4. INSURANCE AND INDENINITY PRQVISIQNS 4.~ 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} days prior to. any expenditures of CSC funds by the Subrecipient. Failure to maintain any of the types and limits of the insurance required by Exhibit A is cause for the City Manager orthe Administrator of CDD to terminate this Agreement and cancel any and all reimbursements of CQC 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 shelterfor the homeless in accordance with Section 5.2 of this Agreement and 24 CFR §56:53, as amended, fire and extended coverage insurance in the amount indicated in Exhibit B. Failure to maintain such insurance is cause for the City to terminate this Agreement and cancel any and all reimbursements of CCC funds to Subrecipient. 4.3 Notice to City. Subrecipient shall require its insurance companies, written policies, and certificates of insurance to provide that the City must be given thirty X30} days ad- vance notice by the insurer prior to cancellation, nonrenewal, or material change of the insurance policies required by Exhibit B. 4.4 Right to Re-evaluation and Adjust Limits. The Risk Manager retains the right to re-evaluate the insurance requirements during the term of this Agreement and adjust the types and limits of such insurance upon thirty X30}days written notice to Subrecip- ient. Insurance types and limits may not be adjusted more frequently than once a year. Salvation Army Singles CSC Agmt.dac Page 4 a# 12 f i _ , 4.5 INDEMNIFICATION. (A) Subreci~ient 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 /n- 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 /ndemnitees. (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- lafing to this Agreement, the Subrecipient shall, upon receipt of reasonable notice regarding commencement of litigasion and at its own expense, investigate all claims and demands, attend to their settlemeni~ or other disposition, defend the City in all actions Salvation Army Singles CSC Agmt.~oc .Page 5 of ~2 i i ~ i t 1 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. !n no event is the City liable for any contracts made by the Subrecipient with any person, partnership, firm, corporation, association, or governmental body. All of the services required by this Agreement must be performed by the Subrecipient, or under its supervision. It is agreed by the parties to this Agreement that the Subrecipient is an independent con- tractorproviding the services on behalf of the City and that the Subrecipient may nvt incur any debts or obligations on behalf of the City. SECTION 5. PROGRAM REQUIREMENTS 5.1 Matching Funds. ~A} The Subrecipient shall match the CCC funding providing by the City with an amount of cash funds from sources other than CSC 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 CUC grant may nvt be used to match a subsequent grant award under this Agreement. ~B} The Subrecipient shall request payment from the City on acost-certified basis for only those services specified in this Agreement and which are matched on a cash basis in accordance with this Section 5.1 and the regulations contained in the Code of Federal Regulations. The Subrecipient shall submit matching funds support documentation which must be provided with each request for payment. 5.2 Use as an Emergency Shelter. ~A} Any building for which CqC funds are used by the Subrecipient for use as an emergency shelter for the homeless must be maintained as a shelter for the homeless for not less than athree-year period from the date of execution of this Agreement. ~B} Any building for which C4C funds are used for the provision of essential supportive housing services to the homeless yr payment of maintenance, operation, insurance, utility, or furnishing costs must be maintained as a shelter for the homeless for the period during which such assistance is provided under this Agreement. A substitute site or shelter may be used during this period so long as the same general population is served. For purposes of this subsection, the term "same general i population" means either the same types of homeless persons originally served with CCC funds ~i.e., battered spouses, runaway children, families, or mentally ill individuals} or persons in the same geographic area. Salvation Army Singles COC Agmt.dac Page 6 of 12 i ~ F ~ (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 forwhich COC funds are used to provide supportive housing services for the homeless must meet focal government safety and sanitation standards. 5.4 Assistance to the Homeless. The Subrecipient shall assist homeless individuals and families in obtaining access to appropriate supportive housing services, including permanent housing, counseling, supervision, and other services essential for achieving independent living. Additionally, the Subrecipient shall assist homeless individuals and families in obtaining access to other Federal, State, local, and private aid that may be necessary to such individuals and families. SECTION fi. ADDITIONAL FEDERAL REQUIREMENTS. fi.1 Nondiscrimination And Equal opportunity. The Subrecipient sha11 comply with the following requirements: ~A} The requirements of the Fair Housing Act, 42 United States Code ~"U.S.C."} §3601-19, and implementing regulations at 24 CFR Part 100 et seq., as each may be amended; Executive Order 11063, as amended by Executive Order 12259 ~3 CFR, 1959-1963 Comp., p. 652 and 3 CFR,1980 Comp., p. 307}, as each may be further amended; Equal Opportunity in Housing Programs and implementing regu- lations at 24 CFR Part 107, as each may be amended; Title VI of the Civil Rights Act of 1964 X42 U.S.C. §§20004-20004-4}, as it may be amended; and, Nondiscrim- ination in Federally Assisted Programs and implementing regulations at 24 CFR Part 1, as each may be amended; ~B} The prohibitions against discrimination on the basis of age under the Age Discrimi- nation Act of 1975 X42 U.S.C. §§6101-O1}and implementing regulations at 24 CFR Part 146, as each may be amended; and the prohibitions against discrimination against otherwise qualified individuals with disabilities under Section 504 of the Rehabilitation Act of 1973 X29 U.S.C. §794} and implementing regulations at 42 U.S.C. §12141 et seq., and 24 CFR Park 8, as each maybe amended. For pur- poses of the COC funding programs, the term "dwelling units" in 24 CFR Part 8, as it may be amended, includes sleeping accommodations; ~C} The requirements of Executive Order 11246 and the supplemental regulations issued in 41 CFR Chapter 60, as each may be amended; (D) The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. §1701 u, and implementing regulations at 24 CFR Part 135 and 24 CFR §570.607(b), as each may be amended; ~E} The requirements of Executive orders 11625, as amended by Executive Orders 12007 ~3 CFR,1971-1975 Comp., p. 616, and 3 CFR,1977 Comp., p. 139} ~Minor- ity Business Enterprises}, as each may be amended; Executive Order 12432 ~3 CFR, 1983 Comp., p. 198} Minority Business Enterprise Development}, as each may be amended; and Executive Order 12138, as amended by Executive Order Salvation Army Singles COC Agmt.doc Page 7 of 12 12608 ~3 CFR,19l1 Comp., p. 393, and 3 CFR,1981 Comp., p. 245} Women'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 all persons on a nondiscriminatory basis. Where the proce- duresthat aSubrecipient uses to make known the availability of such facilities and services are unlikely to reach persons with disabilities or persons of any particular race, color, religion, sex, age, or national origin within the Subrecipient's service area who may qualify for them, the Subrecipient shall establish additional proce- 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. fi.~ Applicability of oMB Circulars. The Subrecipient shall comply with the policies, guidelines, and requirements that are applicable to the use of CCC funds set forth in the Code of Federal Regulations, in the United States Office of Management and Budget ~"oMB"} Circular No. A-122, and in all other CMB circulars as each may relate to the acceptance and use of CCC funds. fi.3 Lead-based Pain#. (A) Subrecipient shall comply with the applicable requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4821-4846), the Residential Lead- Based Paint Hazard Reduction Act of 1992 (42 U.S.C. §§4851-4856), and the implementing regulations at 24 CFR Part 35, as each may be amended. (B) In addition, the Subrecipient shall also meet the following requirements relating to inspection and abatement of defective lead-based paint surfaces: ~1 } Treatment of defective paint surfaces must be performed before final inspec- tion and approval of any renovation, rehabilitation, orconversion 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 CMB 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 CCC funds and who exer- cises or has exercised any functions or responsibilities with respect to assisted activi- ties, or who is in a position to participate in adecision-making process, or who may gain inside information with regard to such activities may obtain a personal or financial inter- est 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 far one year thereafter. HUD may grant an exception to this exclusion, upon prior written approval, as provided in 24 CFR §583.330, as amended. In the event the Subrecipient desires to obtain an exce tion to the exclusion from HUD, the Subrecipient must comply with 24 p CFR §583.330 and file a written application, containing full disclosure of the facts, with HUD and the Administrator of ODD. Salvation Amoy Singles COC Agmt.doc Page 8 of 12 6.5 Use of Debarred, Suspended, yr 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. §3501, as amended, no C4C funds may be made available within the Coastal Barrier Resources System. fi.l Drug Free Workplace Act of 1988, The Subrecipient shall certify that it will main- tain adrug-free workplace in accordance with the requirements of 24 CFR Park 24, Subpart F, as amended. fi.8 Copeland Act. The Subrecipient shall comply with the Copeland "Anti-Kickback" Act,18 U.S.C. §874, as amended and as supplemented by United States Department of Labor regulations, 29 CFR Part 3, as amended. fi.9 Contract Work Hours and Safety Standards Act. The Subrecipient shall comply with Sections 103 and 10l 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. fi.10 Audit. The Subrecipient is subject to the audit requirements of CMB Circular A-133, as set forth in 24 CFR Part 583, as amended. fi.11 Relocation and Acquisition. Consistent with the other goals and objectives of this Agreement, the Subrecipient shall ensure that it has taken all reasonable steps to minimize any displacement of persons as a result of a project assisted with CSC funds. SECTION 1. GENERAL PROVISIONS. 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 parties to this Agreement that every section, paragraph, subdivision, clause, phrase, word, and provision of this Agreement be given ful! 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 may be construed as prohibi- tingthe Subrecipient from entering into contracts with additional parties for the perfor- mance of services similar or identical to those enumerated in this Agreement, and nothing in this Agreement may be construed as prohibiting the Subrecipient from re- ceiving compensation from such additional contractual parties, provided that all other terms of this Agreement are fulfilled. Salvation Army Singles COC Agmt.~oc Page 9 of 12 I t r l.4 Modifications. Modifications to this Agreement are not effective unless signed by a duly authorized representative of each of the parties to this Agreement. Modifications which do not change the essential scope and purpose of this Agreement maybe ap- proved on behalf of the City by the City Manager. 7.5 Copies of Rules and Regulations. Copies of some of the rules and regulations referenced in this Agreement have been provided to the Subrecipient as evidenced by the Subrecipient's CSC Compliance Affidavit, which is attached to this Agreement as Exhibit C and is incorporated inta this Agreement by reference. Any failure by the City to supply the Subrecipient with any other applicable Eaws, regulations, ordinances, rules, ar policies not stated in Exhibit C does not waive the Subrecipient's compliance there- with as required by law. l.fi Disclosure of Interest. Incompliance with Section 2-349 of the City's Code of ordinances, the Subrecipient shall complete the City'sDisclosure of Interests form, which is attached to this Agreement as Exhibit D, the contents of which, as a completed farm, are incorporated in this document by reference as if fully set out in this Agreement. 1.1 Certification Regarding Lobbying. Subrecipient shall campfete the Cer#ificafion Regarding Lobbying form, which is attached to this Agreement as Exhibit E, the con- tents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. (EXECUTION PAGES FOLLOW) Salvation Amoy Singles COC Agmt.doc Page 10 of 12 Executed in quadruplicate originals this day of ~~- , 2409. ATTEST: Armando Chapa City Secretary Approved as to form: , 2009 Elizab ~ h R. Hundle Assis nt City Attorr for the City Attorney CITY of CORPUS CHRISTI `A a R. Escobar Ci y Manager _~ .AUrHnRI~~ ~ir N ~~i••r~ ~rr~r~;gf ACKN4INLEDGMENT STATE of TEXAS COUNTY of NUECES 4 KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on , 2009, by `An el R. Escobar, Ci Manager of the City of Corpus Christi, a Texas municipal home- g tY rule corporation, on behalf of the corporation. HOl,1YHOUGHTON . :_ . ~'~ MY COMMiSSiohl ~~i=1RES . • : Saplam~er~4, ~1~ 1~.~ Notary P lic, State o ' exas Salvation Army Singles COC Agmt.doc ~ Page 11 of 12 ~ I SUBRECIPIENT: THE SALVATIaN ARIVIY Signatur ~i~~~~lh ~~,II~~Q~L~~ ~~~ 'J • 1 QI ~ CC.!`~ Date 5TEPI~EN ~LLIS Printed Name A~~'~ ~~~~~; ~~~~.~SL`~c~R Title ACKNOWLEDGMENT STATE OF GEORGIA § GWfN~~JETr § COUNTY OF ~'lJ~[T~I~I' § KNOW ALL BY THESE PRESENTS: before me on ~ 1~1 , 2009, by This ~nstrum cknowfedged E~~~ ~ ~- ~~EPH , ~n h~slher capacity as the ass-~~~~~~ ~~~As~~~R of The Salvation Army, a Georgia non-profit corporation, on behalf of the corporation. ,1 ~~~~~~~r~~~~ri+il~ /, f ~ - ~`''•a ~r ~ ~ •'s ~~': Notary Public, State of G a ~ ~xP~RSs ~~~~'~r~rx~A i • ~r r,~l~ ~ ~ 0 ~ o~ ~ 4 i ~ ) r • F 0~ f ~ - ? (+ +~ ~• ` l 1 k :'' ar ~ ,,! 1,~y ~~11`~ Salvation Army Singies C4C Agmt.doc Page 12 of 12 exHiBir .~ l~.C~. l~c?~. ~~ ~~?, ~:~ 4~rp«~ t:'~~~~~~t~~ '1~~; ~8~~i~~w~~L ~~ ~J~~,l.~t~y4.~ ~wt~i'cIC1S.~I~. ~~~~, e~~l~tiri~il.~:~I~,. \~,~,?~•~ 1~_9 ` 0~.`~~~~~ .~ f r,~ r'~'j!,~,] JJJ 44 f • ti. . i E t ~~~~ ~lt~l~~RT~~E t~~t~~~NG PRGGRAh~ R~I~~F~'.~Lr GRAFT AtxR.~~MI~~T ~r`his Grant Agreei~~ent is ~~ade i~~= and between the United 5~~ates I~epartnaent cal' Hausin~, and l)rban l~ev~elppn~ent {1~~~~~ and _the Recipient, which is described in sec:tian ~ ~~f Attachrrlent 1~, attached hereto and made a part hcre~~f. The assistance which is the s~~h~ect of this Gx•ant Agreement is authorized by tl~e lti~c~ir~ney~Vcnto Hanaeless Assistance A:ct ~? U. ~.~. ~ ~ 3.81. ~hereafler ``the Act''. The tern "g~~ant" a~• `'grant. funds!, mea~~s the assist.ar.~Ge pro~~ided under this Ag~~eement. This ra~~~ agreen~er~t will be go~ter~ed by tl7e A~;t. the ~uppartive Housing r~~le codified at ?~ CFR X83, v~rhieh is attached hereto and made a part hereof as Attach~rnent B, and the ~c~tice cif Fua~din . Availability ~Nt~FA} ~~~at was published i~~~ t«r~~~ p~~rts. The t'irst pr~rt ryas th~~' t'c3lic.y Rc~yt~ir~,~~~.e~~~~s and Ge~~~cral ~e~tion ~~~ the [~GrA. ~+l~i~~l~ ~~~~:~ pu~ylisl~~~d ~~~rc}~ ~~)T't~4g at. ~3 ~~R l ~5~3?, a~~d tic sect~~~~d par- was ~l~e Cc~nt.i~~u~~~~~ ~~~~ ~:`a~•~~ :~~~~~~r~eless A_ssist.~~n~e l't~4:~gralr~s I~G~A ~~c:tt~~rl Uf the ~C~rA, ~~hich ~~~as pu~ll~hed 1~.~~y I~'~, ?~~48 4~t ~3 ~~ 3~$~4, The term "Application" .means the original and re~iewal application submissions on the basis of v~~hiCh a Grant was approved by HUB, including tl~e c~erti~~atians and. assurances and a~~y information a~ dacurnentation rewired. to .meet any grant award conditions. 7'he Application is incarparated he~~ein as part cif this Agreement, however, in tl~e event ~~f c~n~~ict bet~1een the. prav~ians ~of those documet~tts ~~d any provision cvntai~ed herein, this Renewal Grant Agreement ,shall. control. The ~ecretar a gees, y~ subject to the terms of the Grant Agreenr~ent, to provide the grant fu~~ds in the. amount ~peczfied at sect~Un ? af. Attachment A for the app~4aved project described in the Application. The Reci lent P agrees, subject to xhe terms of the Crrant Agreement, to use the giant funds for eligible a~ti~~ities during the grant term specified at. section 3 of Attachment A. The Recipient must provide a ~5 percent cash match far supportive services. The Recipient ag~~ees to cot~~ply with ail rec~uirernents of .this Grant Agreement and to adept xespansibility far such compliance by any entities to which. it makes grant funds availahle. The Recipe~~t agrees to participate in a local Horneles5 Managerne~nt Information ~ysten~ iHMIS 3 when implemented. The Recipie~~t and project sponsor, if any, will not knowingly allow illegal acti~~ ities in any unit assisted with grant funds. . Thy Rc~~ip~icnt a~~~ct~ tc~ c~l~~tt~~. ~.~~~~~~~~ f'~.~~~ds ~~t ieas~ cl~~~~r~~~rl~~. City of Carpus Christi T~U4??BCJ01.48D1 H[.~D notifications to the Recipient sha11 be tc~ the ~~dd~~ess cif the Kecipient as written al?c~~re, unless l~~.tD is otherwise advised i~3 u=citing. ~eci~~tent ~~atificatian~ to HUD shall he to the H[JD Field office executing fife ra~~~t Ag~•ee~nent. I~c~ ~•igl~t, benefit, ar advantage o~ the Recipient hr~~•eunder be assig~~ed v~rithc~ut prior writte~~ approval ate Hl1D. Far any' prajecc funded by this grant, which is also f inax~ced thr~u~h the ~~~e cif the Lain l~~cc~me :E-lousing flax ~'redit, the following applies: H~rD recogr~i~es that the Recipient ~~r the pre~ject sl~c~nsc~r v~°ill ar hay fi~~anced this project tlrraugh the use al` the 1.~aw-I~~~;an~e I~lot~sing Tax credit. The ReGipie~~t a~• project spansUr sl~a~l be tl~e general part~~er cif a limited partnership farn7ed far that pu~•pase. If grant .funds were used far ac:~r~isiti~~n, rehabilitatican yr construction, then, throughout a period of twenty years 1"rung the date a~l` initial aceupa~~cy ar t:he initial service provision, the Recipient,ar project spc~n~c~r shall continue as general partner and shall ensure that. the project is operated in accordance with the requirements a~ tll~s grant ~,gree~~nent, the applicable regulations and statutes. Fu~•ther, the said iirnite~d. partnership shall awn the project site thraugh~ut ghat t.we~~ty-year period. If grant funds were not ~~sed for ac~luisitian, rehabilitat:ian or new cc~nstructia~~, then the period shall not be twe~~ty years, but. shall be for the ter~~~ of the grant. agrec~rnent and a~~y r. enewal thereof. Failure to comply with the terms of t~~is paragraph shah constit~~te a default under the grant 1~greement. default shall consist at' any use cif grant funds fc~r a p~urpase ocher than a.s authari~.ed by this ~~°ar~t Agreement, failure in the Re~~ipient'~ dut~~ tc~ provide the s~tpportivc hauling far the ~~~inimuna term in acc~ardance with the requirements of ~.ttachrnent A, nancam,pliance with the Act ar Attachruent A pray ~sion~, any other material breach al' the Giant Agreement, ar ~~isreprescntatic~ns in the application sula~~nis~ions which, if k~ac~wr~ by KUD, would ha~re resu.tted n this grant n~~t being p~uvided. ~.lpon due t~otiGe to the Recipient of the €~cc~~rrence of any such default and the provision of a reasonable appc~rtunity to respond, HUD nay take one ar mare of the following actiorrs: Via} direct the Recipient to submit progress schedules far completing appro~~ed a~;tivities; ar tf! l issue a letter cif wya~~ning advising the Recipient of the default, establishing a date by which corrective actions must be completed ar~d putting the Recipient an notice that mare serious actions will be taken if the default is not corrected or is repeated; car (c~ direct the Recipient to estafilish and maintain a management plan that assigns respon.sibili:ties far carrying au.t remedial actia~xs; u~° ~d} direct the Recipient to suspend, disc:antinue car not incur costs far the affected ~~ctivity; ar. ~e~ reduce ar recapture the grant; or pity of ~"arpus Christi T~(~~~8~1~ 1 ~~41 ~ ~ r C} direct the Recipi~~~~t t.~~ re.iruh~zr~e the pt~ogr~~tn ac~c~our~t4 ~~or ~;osts inapprop~~iaCely, chat•ged to the progrart~; or 4g~ continue the grant pith a ~ub~titute. recipie~~t €~~~ H~.)l~'s choo~i~~g; or ~h~ ether appropriate action i~~cluding, but not. limited ta, ar~y remedial ~ctior~ legall~J available, such as af~`irmative liti~ati~~n seeking declaratory judgment, specific performance, damages, ten~porar~° i~r permanent i~~~i~n€~tions and any other ava~la le remedies, No delay or Q~nis~ion by ~~..il~ in e~erc~isit~g any right o~~ remedy available t.o it under this grant Agreement shall i~~pair any sucl~ right o~~ re~x~e~ly or consl:itute a waiver or acquiescence in and. Recipient default. l~c~r each operating year in r~rhic~. funding iw recei~7ed. the Recipient shall file an~~ual certifications with HUI~ that the suppot~tive housi~~g has been prc~~Fided i~~ accordance wig the requirements of the Grant ~4gree~nent. Thais Grant Agreetnerat constitt.~t.es the entire- agreement het~veen tl~e l~arties hereto, al~d may he amended only in waiting execrated by ~Ul~ and the Re~~ipient. l~~-ore specifically, the Recipient shah not c~har~ge recipie~~ts, locatio~a, set~•ices, or population to be 4erved nor shift more tha~~ to percent of funds frorr~ one approved type of eligihie activity to another, or make any other significant change, ~vithout tl~e prior wt~•ittet~ approval of l~~~l~. ~.~tty of ~~rpus Christi T~oo~~~~~~loSO~ ~ i i 1 ~ ~ f~ T'T,~,GHM~NT ~ 1. The recipient i.~ the ~'it~~ of ~c~~~us ~`'hristi. ~. HI~D's total find obii~~tion fc~r this ~ro~ect is $„~ l 2~ ~94,no ,which shall be allocated a~ foll~~ws: a~ using $ ~, SuP~t~Tt~Ve SeI'"~~CeS $ ~,$(~}.~~ c~. ~pera~ting c?~~~t~ $ ~Q~,48Q.~a d. ~1~~~ $ e~ Admini~tratic~n $ ~, l I~.~~ :3. although this agreement will beco~e effecti~~e only upon the exee~~tion hereof h both parties, a on execution the term ~ ~ of this agreement shall run from the end of the ~eeipientrs final operating year under the orig~al Grant ,agreement or, if the on final Grant Agreement was an~ended to extend its tercet the term of this a reement shall run from ~e er~d of t:he extension of the original Grant Agreement term fora eriod of „,rune ear ~l~gihle costs, as defined by the stet and Attachment ~ T incurred :between dae e~~d ~f ~,ecipient's fzna~ operating year r~~d~r the on in~l Grant Agreement, or extension thereof, and the execution ~f this ~.enew~ Grant A re~etnent n~a be aid with fronds .from ~e fi Y ~ rst operating year of this ~ienewal Grant. pity of Go~us Christi ~"~o~~~'$~~o1~~~I SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development APR ~, ~S 2009 By' ~~ Signature and Date Richard L. Lo ez Print name of signatory Field Office Director Title RECIPIENT Cit of Co us Christi Name of Organization Ay~o~zed~Signature and Date An el R, Escobar Print name of signatory Cit Mana er Title City of Carpus Christi T~oo~~~a~~o~oso~ 5 ~ 1 I s ~ i L ~ ~r~~r~` ~~.~ ~ ~~T PART 5~3~-S~UPP[~RTiti'E ~IC~t~~INC p~C~GRA1~~ ubpa~rt .~~~~teral sec ~~~. ~ Furpc~~e and ~cc~pc~ ~53.~ Uefinitian~ Subpart ~-~A~~i~~unce F~ra~~ided ~S3.l~~f~ T~pe~ and u~e~ cif' a~~istance ~53.1~~ Gra~7t~ 1'c~r acqui~itic~n and rel~ahi~itt~t.~nn X53.11 ~ ~rant~ for new ron~trucci~~n SS3.1 ~~ ~rant~ for easing ~8:~.1 ~~~ C~~ant.~ for ~uppartive serv~icc c~a~t X53. ~ ~~ ~rant,~ for operaiin~ c~t~ X53. ~ ~~ ~'arnmitment ~f grant amc~tt~at~ #'c~~° Ic~~~in~, Sklpparti~fe ~er~jicc~, and apura~tin~ cost SS;~. ~ ~:~ Admrnt~tratir~e casC~ ~53.1~C1 Technical as~i~tance ~53.1~.~ ~~atchin~ requirernent~ 553.15 Li~mitation~ ~~n use c.~f a.~~i~tar~ce 5$3.155 consolidated pl~i~~ ~ubpa~ ~~--AppY~cat~on .and ~r~n~t Award Prace~ 553.~(~ A~4pplication and ~rar~t a~+ard 553.~3~ Environmental review 553:~3:~ Renev~lal grants 5~~b~part D-~Pr+~~ram~ Re~~~reme~ 5S3.3U~ General aperatian 553.345 Tenn of commit~~nent; repay°tnenx of grants; prevention of undue benefits 553.3 l Q Displace~nont, re~ot;ation, an,d acquisition SS3.31 ~ Resident rent 553.30 Site cc~ntrc~[ 55~,3?5 Ndndi,~crin~inatian and equal appU~~:unit~r req~~irements 55:3.33 Applicability Qf other Federal requirement 5ubpar~ E---Administration 583.~~ grant agreement 5S3.~t~5 grogram Ghan~es 5.53.410 obligation and deobligatic~n of fu~~ds. {~-~JTH~R~TY: 42 ~.5.~.113Sq and 3535~d} S~t~RC~,: 58 l~~R 135 1, liar. ! ~, 1 ~9~3, unless a~herwise noted ~`~~~ of ~c~rpus ~~r~~sti T~)~2"TB~JO ~ ESQ 1. ~uhpar~ ~.~--~,enernl 583.1. Purpose and scope. ~a} Cxc~r~~~ruir, The Supportive Ht)uti113 Program is authorized by title ~ cif the 5tev~~art B.'1~cI~inney Homeless Assistance Act (:the Mc~i~~ney Act) ~~'~ li". S.~`.11 ~~ 1 ~-11 ~~9~. Thy Supportive Hawing program is designed to p~~amate the development of supp~.arti~Je hauling and suppc~rtivc services., including i~~~~to~~ati~~e apprc~achcs to assist Nameless pi~rsans in tl~e transition f~yan~ homelessness, and to p1'ar~c~te tl~e provision of supportive housing to han~eless persoa~s to enable them tc~ live as independently ~,~s passible, ~b~ ~ ~rrr~pan~~n,ts, Funds under this part n~a~~~ ~~ used for: ~ 1:~ Transitiana! h+~usi~~g to facilitaite tl~e cno~~~~rnent ref harneless individuals and fan~ili~~s t~~ permanent t~us~ng; ~~) Permanent hausit~g that pra~rid~~s fang-term hauling far ham~l~ss arsons Frith disabilities; (3~ HDUS~ng that 1s, ar ~s part of, ~~ partic~~larly innava.tive project for, ar alter~~ative rnethads of, meeting :the irnrnediate and long- term needs ol" hon~eiess persons; ar ~4} Supportive se~~ices far l~a~~neless persons not provided in conjunction with suppa~ti~le hauling. ~5~ ~ 13$71 ~ l~~ar. l 5, 1 ~~3, as amended at ~ 1 FR ~ ~ l ~5, dept. 34,1 ~'~~~ ~ X53.5 Definitions As used in this p~'t: ~ppCrc~r~t is del"ined itt section 4~~~ ~ ~ of the McKinney 1~c;t ~~? U.S.~ i 1.3~~~1~}, Far purposes of this definition, gavernm.ental entities include these that have general gaverr~mental powe~~s such as a ~:ity or county, as wfell as those that ha~re limited o~• special paupers such as puhli hc7using agencies}. ~'r~r~,s~i*rc~atFc~ pt~rn means the plan that a jurisdi~:tion prepares and submits to HUD in accordance with ~~ CFA part ~ 1, ~c~te of initial vcc~t~punchv means the date that the supportive hauling is initially acc~~ . ied l~ lay a homeless person for wham, BUD provides assistance under this part.. If' the assist~~ncc is for an r~xistir~g lxan~eless facility, rh~~ ~ut~ c,f'~r~rtr'~:~[ r~c~~~~r~:rr~ncYti~ i~- the. date that. services are fi~'st pra~~ided to the residents of s~ippartive hausi~~g with f~~t~ding under this parr. I~~tc~ of ~ rrtitrcr~ ,~~~rti~ic~~ prrn?i,~tc~rr n~ea~~s the datc that s~ippc~rti~~e services arc initially provided with funds under this part t~~ hornelcss persons who do not ~'eside in supportive housing. 1`his clefinitio~~ applies only to prajec~ts funded u~~dcr this pa.t~t that da ~~at p~•avide sul~l~artivc hc~~~sing. ~i~s~~~ilitu is defined in sect.ia~~ 4?~,(`?) of the Nl~:i~ir~nr~y A~~t ~~~ t1.5.~' 11 ~$?(L)~, I~c~r~c~~~?,s=~~ p~~;~~rr~ means an individual ar family that is d~sc;rihed in ;section 1.43 of tl~e '~c~l~inney Ac;t ~~? G~,S.~` l 134~~, ~~•~~~rr~pc~~irc~n cite- is defined ire se~:[ir~r~ l ~~{ a ;~~~-} of the H;au4i~ag and ~ammunity l~evelap~uent A~:t of 1 ~7~ {~~ ~:1.5.~' ~:i(~`?~at(~}~• In g~~~eral, metropolitan cities arty than cities that ~~re eligible far an entitlen~ent g~~ac~t under ?4 ~'~R part 57U, subpart D. ~~~~~~ ~~a~tstr•u~~ti~rrt means the bui[din~ of ~~ structure whey-~ nuns existed ar an addition to an existing str~~ctu~•e that increases the floor area try mo~'e than l a4 percent. C~p~~rarir~~ c~cr;~ts is defined in section ~~'~(5~ of'the l~~c~inney AcYt (4? U.S,~ 1138~~~~ j. ~a~tpati~~r~t hcju~t~t ~ser~~i~~~;~ i~ d~f fined in se~,tian ~~?~~) of the l~c~inney Act ~~2 U,S.C. ~'~rr~crnent ~arat~.4~r'rt~~'crr Itnm~~~a~.s pcxr~~vns ~?tlr c#isu~iliti~s is defined in section ~~~~~~ al'the MG~inney Act ~~2 ~.~.~.~ ~'ri~~rxte rt~~raprafit ~rr~ani~;utic~r~ is det'ined in 4ectian ~~~~7~ (A), `$}, and tD} of the Il~cKi~~ney Act ~4~ U.S,~. l 1:~~?~7'} ~A}T (,~}, and (:D}}, rfhe ar~anixation must also have a f'uncti~i~ing accounting system that is Qperatr~d ~n accordance with generally accepted accounting principles, or designate ~n entity that will ~uaintain a functioning accauntin~ system far the; organization in accordance with generally accepted accounting principles pity of corpus Christi TaQ?~'B ~Ja I QSa I ~r~~~~~c•t is defiled in sect.iul~s 4"??~ ~ ~ al~rl ~~~~d~ cif the Mcl~inney Act (~~' C~~.S.C. I~~c~ipi~~tt is defined in section ~~?1~3~ of the lV~c~~inney Act (~? U.S.C. l 13S?i4}~l. Re~ia~at!#trztr'.orr means the improvement or repair ~~f an existing structure ar an additiait to all existing strti~ture that does not increase the Roar area by more than 1 f~ percent. ~ehat~ilitation does not include.. minor ar rflutine t~~.~pairs. S"t~t~r is defined in sr~ctian ~?~4, f ~ j of the Mcl~inney Act ~~~ U,~.C, l l ~~~{ l ~ )~. ~S~zc{~~~r~rtiz~"c~ hc~~t.~irx~ is defined ~I~ section ~2~~a} of the McKinney Act ~~~ U.S.C. I l l~~~a)}, :~~.~~;pr~rri~r~ ,~~rvicr~,~" is defil~et# i.I~ sec:~tic~n ~?~ of the McKin~~ey Act (~? U.S.C l l ~~r~. ~'rart~~~tinn~! ~~r~u~~°~n~r Is de~'Inec# in section ~~4(b~ of the 1W'[cKinl~ey pct ~~~ U.S.C, I l 3~~~b~~. See ~alsa ~ ~~~.~C~~~~. ~'r'~~~ is def"ine.d in sectil=}Il l ~? U#~ the Housing anal Cam~nunity l~e~~elopmcnt a'~ct of 174 {~?. U.S.C, S~U~}. ~It`~c~~ r,~r~t~n~y is defined its seetiata l~~~a~~~~ a~'the lousing and Calnl~ul~ity I~e~~elopment Act of I X74 (~~ U.S.C ~:~[}`~~a)~b}~. In general., urban counties are those counties that are eligible fc~r an. ~~ntitlen~er~t gratat under z~ ~~ part 57~, subpart D, ~ b l l~R ~ I l 75, Sept. ~fJ, l ~9~11 ~ahpart ~~-.~ssi~tance ~rnvi~~d SS~.~ 4~ TY~s and uses ~-~ as~~fst~nce. ~a~ ~rr~rtt u~°.ri~t~~~ce. Assistance in the form of grants is available for acquisition cif structures, rehabilitation of structures, acquisition and. rehabilitation of structures, neu~T construction, leasing, operating casts far sr.Ipportive hauling, and supportive servicxes, as desc~~ribed in ~~ $$~.lo~ through ~8~.1~~. Appl icant~s may apply far more than ~~ne type i~f assistance. f t ~ ~1~~~~s ~~'grctrtt ~,s~~t,~"tur~c~c. grant assistance may be used ta; ~ I ~~ Establish new supportive hausil~g facilitie-s or nevi facilities to provide s~rpparti~3e services; (~~~ Expand existing facilities in order to increase the number of homeless persons served; l ~ril~~ e~istittg #~~~~*ilities ~~p to a levc~i that r~~eet~; State rind lc~~sal ~a~lcrnrnent he~:tlth and ~afet}f standards;. ~:~~ Provide €tdditic~nttl ~~~ppt~rti~°e 4L~I~~iicc~s far residen~:4 cif supportive housing or fur homeless pe~rsan~ nat. residilag in supportive f~nttsil~g; ~.5~) P~Irchase ~UI~-owned single family prupel-ties curt~ently leased b}'the applicant far use as a homeless facility under ~4 Cl~ part ~ l ;and [~i~~ Continue I'~al~ding supporti~re hausirt where the recipient has recei~fed funding ~Ii1del~ this p~r~ ~or lk'a~1ng, SuppoI'tlve 4f'rvIC~S, or aperatil~g ~:asts. ~e ~ ~t~~uc~ttrr~,i~ t~,S~~~t~.~~~~- r~tt~l~r`~I~j pr~rpr~.~~~~i" Structures used to provide strppor~tive housing car s~tppat~tive services tnay also he used far. c~thel~ purp~ases, ~xxcept that assistance under this part ~vill bcy availa~hlt ally irI prapcrrtion to the use of the strurt~Ire fal~ supportive l~ousin~ ar supparti~°e services, ~d } ~ t%~:'lrni~•u1 u,~.~"is"t~~~r~c~. HCr~ Ina}! offer technical agsistai~ce, as described in ~~~ ~ l 38~ t, Mar. l ~, l ~~3, as amended at ~~ F~`l~ ~f~$~ l ,July l ~, I ~~4~ ~~~..~4~ grants for ae~uisitio~n and reha~ilif~ation. Via) f1se, ~i~.,t~ wrill graft funds to recipients tc~. ~ l ~ Pay a portion of the cost of .the acquisition oaf real property selected. by the rc:s~ipients for use in the provision of suppart~~~e housing or supportive services, including the repayment of arty r~utstal~ding debt an a loan made to purchase propert}- that has not been used prelriausly a~; supportivc hc~rtsing ax ~'or stippoltive services; ~Z) Pay a por~tiot~ of the cost of rehabilitation of structures, including cost effective elrergy measures, selected by the recipients to prarride supportive hausit~g ar supportive services; or ~3} Pay a portion of the cast o~f acgriisitican and rehabilitation of 4tructures, as descril~d in paragraphs (a~(I }and 1?~ of thi4 section. Ct~~. of ~otpus C~1~1StI Fr~~~~~J~ ~ oso ~ ~q w ( ~~ ~"llfitf)J.~It~, ~ ~~ n~axlfl~l~Tll `~ra~~ a~~ailable I"ar ac~quisitian. r~ahah,i]it~~tior~, ter acquisition and rehak~ilitatic~n is the law~~r ol'; ~ ~ }The fatal cc}st c~~ the acyuisition, rehahiiitationt ar acyuisition and rehabilitation minus the applir:a~lt's corrtributian tov~fard thr~ cast. tc a lnc~rc=~s~~~ c~~~o~fr~rr. ~~~ areas deterl~nined by HC~rD to have high acyuisitic~r~ and rihabilitatir~n cosh, grants of ~rrr~re than t~~f~~,t~o, but nUt more than $~~~,C~f.~, may be available. ~~~. ~ ~ 0 ~rant~ ~~r new co~ns~ruction. lad A'S'P.. IUD r~°lll grant funds t(3 recipient4 tea pay a portion of the cost. of x~e~~~ e~r~nstructic~n, including cost-effective ~y.n~~i•gy measures and the cost cif land ass~~Gi~rted c~r~th t aC construction. fur use in the provision t~f 4upportive hc~t~sirig. If the grant farads are. used for new t'onstr'uction, th~x applicant must demonstrate that the costs assc~c•iated with r~ew construction are suhstantially less thin the costs associated with rehabilitation car that there is a laclr of available appropriate units that r.~ould hey rehabilitated at a cost less than n~~~- cwonstrucCiarr. .Fc~r purposes cal' this cost comparison, costs associated with rehabilitation or view construction may include the cast of teal pr~~pe~y acyuisitic~n. ~b.l A.rr?~~~ren~, The tnaxin~um grant . avslilab .e for new construcytir~n is thc~ lower of: ~? ~ The total cost of the new construction, including the cast of land associated with that eonstructi~n. minus the applicant's cantributian toward the cast of s~ir~~e. 5~~.11 ~ ~ran~~ ~'or ~ea~in~, (a} ~'~r~~ra~. 3UD will provide .grants to pay has described in ~ ~S~.13~ of this part} far the actual costs of leasii~g a structures or structures, ar partior~s thereat", used to prc~~~ide suppartv~e hauling or supportive services foa• i,ip to five years. ~b}{ l ~ u,~~~rt~ ~~~~rrrrtr~r~~~.~. where gr~i~~ts arc used to pay rent fc~r all or part of strut~tures, the rent paid must b~ reasonable in relation to rents being charged in the area for camp~irahle space, In addition, tl~e rent paid may not excer~d r~nt~ c~,~i~°~~r~tly b~;ira~ ~~har~ed b}r the sane ~~~~r»r ~~c~i' cC~r~lp;~rahlc~ ~pa~'e. ~?~ I~c~.sifr~ irrc~i~jrr~a~n1 r~rrit.~. ~'~lhc~re graa~ts are used tc~ pay rent fc~r indi~~idua! l~orrsing units, the rent paid must he reasonabl~~ in relation tc~ rents hei~~g charged fur cramparal~l~x units, tal~irrg intro accr3unt the locatic~~x, size4 type, quality, amenities, facilities, and management services, ItX addition, the rents ma}~ ~~t3t. ex~:eed rents eurrec~tly being charged by the same ry~vner far comparable unassisted units, and the portion oil rents paid ~vrth grant funds n2dy not. exc~~ed l:'lUl~,detcr~nine~l fair marl~et rents. ~ecipie~~ts may use grant ftrnds ire ara amount up to one month's rent to pay the non-recipient ]andlc~rd fz~r arty dama~r*s tc~ leaset~ ~~nits by hc~me(ess pat~iciparits. (~~ Fly l ~~?' l . i4~ar. ~ ~,1 ~'~3, as amended at ~~~ F]~. ~~~~~ ! . ,l' ~~ly l ~, l ~~~ 1 47/~~,7A ~:~~~ ~~~n~r•~a~. H~l~ will provide grants to p~iy has dcs~~rih~~d in~~' S$3.13~ of this part) °I"or the actrial c,~~:~st4 of ~suppor~ive services for h~~~melc~ss persons fr~i• up to five years. All car prr~•t of the supportive services mriy be proe~ided directly by the recipient or by arran~crrjent with publics ar private service providers. fib) ~'rr~p{~r~rve .~c~~~r:c~~s t~r~st~. ~r7sts a.s~;ac~iated with prt~vidin,g supportive services inclride sa]aries paid to providers of suppoi~ive services and oily other casts directly associated with pro~~idin~ such services. For a transitional hausii~g project, supportive services costs also include tkte casts af• services provided to farmer residents of transitian~.l horsing to assist their adjustn.~ei~t to independent living. such services may be prr}vided for up to six months after they lea~re the ti~ansitianal housing 1'ac~ility. (~~ F~ l ~~7' 1, liar. l S, l ~~3, as amended at :?9 FR 3~~~1, July 1~, ]~~~] ~8:~.f25 ~ra~n~s fir Qpe~#i~~ costs Via} ~~rrer~l. HUI~ will provide gra.ntti to pay a pac~tion has described in ~ 583.13D~~ raf the actual c~peratin~ costs ~~f supportive ho~5irtg fr~r up to fi~~e years. fib} ~~~ratirr~ c~~.st.~, Operating costs are those associated with the day-today operation of the supportt~-t~ hc~usir~~. Thee also include the act~ial expenses that a recipient incurs for pity of corpus ~'hristi T~(lt~~~B~~~ l C)~Dl ~:nndu~~ting ~~n-gt~ing assc~;s~~~e~~ts ai` the suppc~rti~~e services ~~ee~lc;d b}~ residcr~ts ~r~r~l tl~e availat~ilit~v of'such services; ~~elc~catic~n assistance unde~~ § X83.3 l {~. including payrrr~ents and services; and insurance. ~c3 Re~~i~ic~nC rn~tc•~~ r~ic~ui~'c~r~c~~t tc~r ~~~3~rcrt~r~~~ c~r~st~s, assistance for operating costs ~~ill be available for up to 7~ percent of the fatal ~:ost in each yea~~ of the grant term. The recipient n~t~st pay the percentage of the actual t~perating ~:osts not funded by HUD. At the end of each operating year, the recipient must ciea~onstc~a.ta that. it has .met its match requirement cif the ~~c~sts l=~~r' that. year. (~SFR I ;~$~ I .Mar. l 5, l ~~3, as antandcc~ at fil FR ~ ! ~ ~~. Sept. ~~Q,1 ~~~; ~S ~R ~{~8~3, Nia~, I~t ~~ ~~:~.1 Commi#nae~# of grant u~u~~r~~s ftrr ieasin~, supportive servues, and operating ~~ost~ Upon exectrtior~ of a grant agreen~ertt caverrng assrstanc~; far leasing, supportive services, ~r operating costs, H~,1D aril I obl igate amounts :fora period not to exceed fire operating years. The total amou~tt obliga.t~~d will be equal to an amount necessary fc~r the specified years o operation, less the recipient's share cif operating costs. ~approve~ by the Off~ioe of Management and Budget .under COMB control number ?.~~~-~ l l ?} ~ 59 ~~ 3 X89 l }July l ~, I !9~~ 1 aS~.I~35 ~~ministrative casfi~. Via} C~en~r~~. Up to five per~~ent of any grant. awarded under this part may be used fr~r• the purpose of paying r-osts of administering the aSSr~tanG~. ~b ~ A~inll~ ~s~rati l'~ C~~St-~y. adrn ~ C1 ~ st=ar= ve . costs rnclu a the costs associated w~~th ac~;aunting for the use of grant. funds, pr~;paring reports for submission tp HUD, obtaining p=rogram audits, similar casts related to administering the grant after the award, and staff sa o=res associated with these administratrve costs. They do not. include the casts of carrying out eligible activities under ~~ ~83.If~~ through ~~~ FR l~$7l, Mar. l~,1993, as amended at dl. l~~ .~ l l 7~, Sept. 3~,19~0~ ~ ~83.~1~~ Teehnii assistance. ~a ~ ~.-~~)t~'~'Ctl. HUD may 4et aside funds a~~nr~;~ll~y tc~ pr~3v~ide techr~ic~~il assist~~~ce, either directly by HUD staff crr indirectly through third-party providers, for any suppurti~~e housing pr~~ect. This technical assistance is for the purpose of pramot.ing the de4reloprnent of supportive hausi~~g and supportive serv=ices as part of a continuum of care approach, including in~~ovative approaches to assist han~eless p~:rsons in the transition from homelessness, and prc~mc~ting the provision of supportive .housing tc~ homeless persons to enable them to live as irrc~leper~dently as possible. ~h~ tl,~~~s ~f ~~r'hrrr`eu~ ~ssr,~~~uncr~. HUD ~a~ay use then funds to pra~~ide technical assistance to prospective applicants, applicants, r~~xcipients. or other providers of supportive hauling or scrvic~es for homeless per~~ns, for supp~~rt.ive housing pr-o~ects. The assistan~,~e r~~ay include, but is nc~t limited t~, written irrformatian shah as papers, monographs, manuals. guides, and brochures; person-ta-person exchanges; ar~d tr~r~nii~g and related. assts. tc~ S~~tQ~~1r~n c~~'~r~~r~iclers. From time tc~ time, as H~1D det~;rrtrines tha need, HUD may r advertise and competitively sele~}t providers to c~elive~r techr~iGal assistance. H~..TD may entor into contracts, grants, ar coope.rative agreeme~~ts, when necessary, to irnplernent the technical assistance. ~~ Fly 3~$~2, July ! ~, l 994 5~3.~~~~ Matching re~uiremen#s. ~aa C~~n~rdl. The recipient must match the # u~ds provided by HUD for grants for ac~rrisition, rehabilitation, and new canstructiQn with an equal amount of funds from other sources, fib} Cas1~ r~,~Fa~rc~s. The matching funds mu.41 be cash resottrce~ pray°ided to the projact by one or mire of the follawirtg; the recipient, the Federal government, State and local gavernmer~ts, anal private resources. 4G~ aint~na~~~e v~'~~nrt. State or local government funds used in the matching contr~butian are subject tv the maintenance of of#'ort requirements ~escril~d at ~5;~, l 5f3c:a~. 5~~.~50 Limitations on use o~ assistance, Via) r~rnten~nce o~ef fr~r~. ~D as~ist~tlCe provided under this part for any State ar loca.l gr~vernament funds used to supplement this City ol" Carpus Christi T~~~~78~~~ 1 ~8t~ 1 <~ssista~ac~e} m~~r! lac used tc:~ replace St~ctc ca~~ Ica~y~al fc~~~ds p~~c~vic~t~sly used, ar d~;sig~~ated 1'c~r ~~~~, tc~~ itssist l~ameless perscins. ~~rgani~.atic~ns that are religit~us or faith-~lat~seci are eligible. osa tht s~crne basis as any c~the~• carganixatican, to participate in the Suppca~-tive l-~ausing :program. lWeither the Federal goverr~n~etat nor a State ar local government ~•tceiving funds under Supportive Hcausing pry-grams shad dis~rirni~tat~ against are argani~.atic~n on the bads of the c.~~~ga~~i~atican's c•clig~ous character car afl'iliatican. (~} ~rgani~atia~~:s that are directly tt~nded under the Supportive Housing Prc~gr~~~aa ~~ay not engage in inherently religious ac.~tiv hies, ,such as worship, religious instructin~a, car pt•oselyti~ation as part cif the p~•c~gran~s car services funded under this part. if an ar,ani~atian canduc~ts such activities, the ~~ctivities ~~tttst be caffereci separately, i~~ time cox location, from the programs ar services Funded t-nder flats part, and participation rr~ust he vc~lunta~`y for the beneficiaries caf the HU~- funded prograrzl~s car services, i3l A religious cargani~ation that participates in the Su~pportiv~e l~c~using Progra~t~ will retain its independence. fro~rr~ Federal, St~~tc, and local gavern.ments, and may continue tta carry out its mission, including the definition, practice, and expression of its religious belieFs, provided that it does not use direct Sc~pport.ive l~ot~sing Prcagram funds t4 support any inhe~•ently religicus activities, such as wc~rsltip, religious Instruction, yr prQSelyti~ation. Among other things, faith-band argani~atiQns ~nay~ use space in their fh~ilities to provide Supportive Housing grogram-funded services, without remvvirig religious art, icons., sc~~iptures; or other religious syrnbals. ~n addition, a Supporti~-e. Housing Prog~am•funded rz;ligiaus argani~~.tian ~yetains its authority over its internal governance, and it ~~~ay retain religious termw in its organization's name, select its ward members ova a religious basis, and i~aclude religious re~#'erences in its nrga~tizat~Un's rnissio~~ staten~e~~ts and other governing documents. 1.~~ An organization that participates in the Supportive Housing Program shall not, in providing program assistance, discriminate against a program beneficiary Qr prospective larc~gram l~enetici~it~ c}r~ the ba~i~ c?f~ reli~ica~~ ar ~'eligious helicf. ~;~} Prug~•am ft~nds may not be used far the ac;cluisititan, construction, or rehabilitatic~~~ of stn~ctures tU the extent that those structures are used frar inherently religious activities. Program funds may be used for the acquisition, canstruGtian, o~• rehabilitation of st~•uctures only to the extent that those structures are used for cand~tcting eligible ~tctivitic;s cMnder this part. where a structure is used fc~r both eligible and inherently religious activities, p~•cagra~n funds may neat excc~cad the east of these pcartions o#' the ~~cquisition, c~anstruetian, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting regt~ire~~ents applicable to Supportive Htausing Pra~ram fu~~ds in Chis part. Sanctuaries, chapels. car other rt~oms that a Supportive Dousing .p~~cagra~n~-funded religious ec~ngregatic~n uses as its principal place caF warship, however, are ineligilale far Sttppartive Housing Pragra~~- funded imp~~ovements. disposition a#' real prolae~y after the term of the grant, ort• any change in use of the property during the term of the grant, i~ subject to gc~vernn~ent-wide regulations ga~ferning real propert~f dispUSitican ~se~ '~ MFR parts 1~4 and 8~~, (~~~ ~f a State ar (aoal gover~~ment voluntarily ccantribt~tes its own funds to supplement Federally funded activities, the State ar local go~fernnYent has the option to segregate the Federal funds or corntningle them. Hawe~Yer, il" the funds are commingled, this section applies to all. cif the carnmingled funds. ~~) ~'arrrc~i~unt c~ontr~~ cif ,side; Where a1a applicant does not propose Ica have control of a site or sites but rather proposes t~ assist a hQm~less family or individual in .obtaining a base, which may' include assistance with rent payments and receiving supportive services, after which time the family ar individual remains in the same hcausing without further assistance under this part, that applicant may not request assistance far acquisition, rehabilitation., car new caristruction. [~~ Fly. l 3~~ 1, Naar, l ~, l X93, as amended at 59 Fly ~b~~2, duly lq,19q~; ~g FR ~G~Q7, Sept. ~0. ?OQ3~ a~~. ~~5 consolidated plan. City of ~c~rpus Christi ~'~~? ~ Bb~~ I QI~Q 1 t a) ~1~~~~~i~~unt.s that ctr~~ ~4't~irc~s c~~• ~f~ti1.~• c~~~ ~~3~'~~i't~t~ lc~c:'ct~~~~~~~t'r't~~~t~rt~. "~'h~' appli~~ant t~]t~~t .. have aHUD-approved complete ar ~~bbr~a~~i~ttud ct~ns~~lit~ated plan, i~~ ac~c~arddt~ce ufith ?~ ~l"~R part 9 l ,and must submit a ce~•tification that th~~ appli~~ation far funding is consistent wikh the HC~;D-approved c~c}nsolidat~1d plan, :Fended applica~ats must cei~ify ~n a grant agreerne~~t thfit they ~~re f~~llawing the HUD-app~~aved ~f?n~(3lldat~d plan. t~b) ~~~~rcr~nt,s° t1~~~t r~r~ nr~t ,S"tc~t~~s~ ~jj• ~r~~.rts ~?~'g~~r~~r~r ~cjc~ul ~~'n~tc~rrtna~~t. The applicant ~t~t~st sub~~it a ce~•tificakion by thc~. jurisdiction i~~ which the proposed prc~jc~ct will he located that the applicant's application far funding is ccrosistenk with the jurisdiction's HUD approved. c~~~asalidaked plan. The c~~rtificatic~n ~r~ust be made by the ufiit of ge~~eral la~;al governme~~t a~~ the ~tate4 in accordance with the. car~sistency certification provisions of the cunsalidated plan ~~cgt~latians, ?~ MFR pars ~l, subpart F'. Vic} ~n~~un t~~i~i~,~! and rho :~rt,~'~~~~r:~r~c~,s cj~'~.~~~~~rn, t~~c7 ~'.~~`. Wrrgirr I.~l~~~~~,ts~ ~n~,~~ri~:~~n .~`ct~nr,~t~, crnc~ ti~t~ ~'c~rt~tern ~~r~~tr~ l.~l~~n~~~. These entities are not required to ha~fe a cansolid~~tecl plan or to mare consolidated plan certificalia~ts. Ail application by an Indian tribe c~c other applicant far a project that will be located an a reservatic~rt of an ~ndia~ tribe will nc~t t•equ~re a certific~tian by the tribe ar the Mate. I~owever, where an l•.ndian tribe is th~° applicant For a prQjeet thak will not be located on a reservakic~n, the requirernenk for a centifcakiQ~~ under p~~ragraph t;b} of this section r~jill apply, /t~ ~d~~ ~~tming ~~'~~~n~~~~t~u~t.~~' ~~an ~.rLx r~I+d1~~A'~~~n ~~e~i,~II ~FN~YI.'~A~. Un~~S.1F Yt~Yr~~~iT't~ sort forth/// in the i~1~FA, the required ce~.ificatio!n that the applicatiai~ for fundi~~g is consistent with the HUD~approved consolidaked plan must be. submitted by the funding applicatio~~ submi~sic~n deadline announced in khe I~C~FA. [ht) ~R l h~g~, lt~ar. ~~, I q~~~ subpart C-~--App~icanori and Grunt Award Proce~~ 5~~.~do Application and grant award when funds are made available.far assiskance, HUD v~ill publish. a notice of funding availability ~NQFA,} in the FEDERAL REGISTER, in accordance with the requirements of ?~ MFR part ~, IUD will review and screen applications in accordance ~~~~th the requ~reme~~ts i~l sei~tion ~?b c~l~ th~~ ~if~.l{~tlll~~' ~~ct ~~? t~Y.~.L. 1 l:~$b~ ~tl~d thc~ g~~idel roes, rati~~g criteria, and pcoced~~res published in the ~UFA. I b l F~. ~~ l 7fi, Sept.:~Q, l ~~~~ i ~ ~~~.230 En~~~ronrnen~l revlerv. ~a}activities ender this part ace subject to HLTD environmental regulations in pact ~~ of this title, except that HLiD will perform an r env~rc~nmcntal review in accordance with part ~~l c~~' this title prior to its approval of any c~~ndikianally selected applications for Fiscal dear ~(~ and pt~nr years that were received direcily from pt~ivake ~~anprafit entities and governmental entities with special yr limited p~~rpase paw~~rs. p~r~r activities under a grant that generally would be subje~~t to reviev~j under part ~~, HUD ~~~ay make a finding in accordance with ~ ~8. i l ~d} a~~d nay itself perfarrn the environmei~tal r~~vie~V under the provisi~~ns cif part ~~ of this title if tine recipient objects in writing to the responsible entity's perfarlning the review u~~der Pa~~ ~8, Irrespective ~.~~ whether the responsible entity in accord with pa.~~t ~~ for HUD in accord with part ~~}performs the e~~vicor~rnenta[ review, the re~:ipient shall supply all lvailable, relevant information necessary fc~r tht~ responsible entity hoc I:IUD, if applicable) to perforrr~ far each prope~~ty any cnvirann~etatai review required by this pad. The .recipient also shall carry out mitigating measures required by the responsible entity €or HUD, if appli~~al~le~ ar select alternate eligible property. HUD nay elirrii~~a~.e f'rorn cansider~tian any applic~atiot~ that would require an Envirc~nrnental Impact ~taternenk IEI~}. fib) The recipient, its project part~~ers and their contractors may not acquire, rehabilitate, convert, lease, repair, dispose al", demolish ar c*onst~.~ct property far a prajeck under this pa~~t, ar carnmit car expend HUD or local funds far such eligible activities under this part, until the responsible entity {as defined in ~ ~8.? of this title} has completed the environmental reviews procedures required by part 5S and the environmental certification and RRQF have been approved ar H~GD has pe~'ormed an enviranme~~tal review u~~der park 5~ and the recipient has received HUD approval of the property. HUD will not release grant funds if the recipient ar any ether party commits grant funds ~f.e., incurs any costs car expendituzes to be paid ~'iky cif carpus ~`hristi T~~~~7BbJ4~.0~~1 car rely;lbcrrser~ with such fur~ds}before the= rec~ipi~~nt sttbrnits and Ht=U appro>>es its l~R~~fi (~~her~~ 4~1{.yh subr~nissior~ is r•ec~uir~ed}. ~~~ FR ~~l ~ 1, Sept. ~9, ?~(~~~~ 5$~,Z~S Renewal grants. (a} ~c~rrrfrat. ~ra.rrts made rrndcr this part, ~~n~l grunts made under subtitles ~ a~~d D ~ the St~pparti~~e Housing Derrronstration and ~AEAH, r'espectively~) of the Stewa~ .l3. i~cl~inney Homelc;ss ~.ssistance Act as ire effect b~~l'care Dc~tober 2~,1 ~qZ, mar be renewed a~z a noncc~n~petitive basis to continue ongoing I~zasing, operations, ar~d 4uppartive services fr~r additional years beyond the initial funding period. TQ be considered for renewal funding fear leasing, uper•a.ting casts, or supportive se~ric:es, recipients must submit a request fcai~ sut:~h ftrndi,ng in the form specified by HUD, rr~ust rn~et the requirements of this part, and in~rst ~ubn~it requests within the tune period established by Ht~D. 4 b~) ~~=ssi.s~tcrrr~~~ ~r=ctilc~bl~~. The .first renewal will be far a period Qf time neat tc~ exceed the difference between the end of the initial funding period and te~~ gears from the drtte cif' initial occrrpaney or the date t~f initial sefviee pr•uvisir~n, as applicable, any s~ibsequent renewal will be far a period of time not tea exceed frve yearn. ~s~i;stance €turirrg each year of the renewal period, subject tc~ maintenance of effort regtriremenCs undr~r• ~ SH3.1 ~~~~} maybe for•; ~ l } Up to 5~ percent of the ac~tua 1 operating and leasing costs in the final year of the initial funding periacl; . ~? ~ U~ to the arnt~unt of :HUD assistance fear supportive services in the final year of the initial funding period; and (~~} ~n allowance for cost increases. l.c;} ~~~ r~~vi~~. ~ 1 ~ HUD will revriew the request for renewal and will evaluate the recipient's performance in previous years against the plans and goals established in the initial application for assistance, as amended. .HCJD will approve the request far renewal unless the recipient proposes tv serve a population that is not hameles~~ car the recipient has not. shown adequate progress as evidenced by an unacceptably slaw expenditure of f unds, ~~c the r:ecipient~ has been unsuccessful in assisting participants in achieving and maintaining i~rd~yper~dent living. l~~ determining the recipient's sucG~css in assisting parti~~ipa~~ts to achieve and maintain i~~dependent living, ct~nsideration will be given tc~ the level anr~ type ai' problems of participants, p'or rec ipients ~~~ith a poor r~ec~orci of success, HUD will also consider the recipient's willingness to accept. te~,hnical assistance sand to mare changes suggested by tech~rical assistance prnviders. Dther factors which will affect HUD's decision to approve a rcnrzwal request include tl~e fallowing: a continuing history at' inadequate financial rn~rnagement accounting practices, indications cif. rnismanagentent on the part of the recipient,. rr drastic reduction in .the population served by the r~ti~~ipient, pra~ram changes made by the r~tcipient without prior HUD approval, acrd loss of pr•c~ject site, i ~}HUD reserves the right to reject a request from any organisation with an c~utsta~~ding vbligat.iort tc~ HUD that is in arrears or for which a payment schedule has not been agreed to, ~r- whose r~e4pcarise tc~ an audit finding is overdue or urrsatist`actc~rv. Y ~~~} t~UD will notify the recipient in r~~riting that the request has begirt apprav~ed ar clisalaproved. (~ppro~°ed by the office of Management and budget under control number ~~~ 112} ~uhPart D-~Pro~r~m ~equiremen ~5~.~0~ ~~ener~l u~era~ian, (a} iStat~ arrc~ ~c~cal ~~c~trir~rr~~~trt~•. F~ch recipient of assistance under this part must provide housing or services that are. in c~ampliance with all applicable State and local housing codes, licensing requirements, and any other requirerr~cnts in the jurisdiction in which the prc~je~t is located t•egarding the conditiarl of the structure and the operation of the housing ar servrccs. (b} ~'a~it~~i~~ty, ~~randarct,~. Except for such variations as are proposed by the recipient and approved by HUD, supportive housing must meet the fallowing requirements: ~ 1 } ~~1rt~t.~t~cr~e c~rzd rrrut~~r~als~. The structures must be structurally sound so a~s not tv pose a.ny threat to the health and safety of the oc~~upants and so as to protect the residents from the i~lements. pity of corpus Christi T~~q~?B~J~ 1. ~~~ ~ 4~?:~ .~c~^c~.s,s. The hr~u~ing m~r~~ he ~ ii) The public areas of all hc~u~ing ~~~u~t acc~~ssilal~x ar~d capable of being utilised >~iithurit lac egcripp~~c~ with a sutticicnt number. but i~c~t unauthorised use of ether priv;~t~; propcr•ties. less than rune 1'car each area, of battery-operated Structures r~irtst pruvidc~ alternate means of or hard-wired smoke detectors. ~'ublic areas e~r~~ss incase cat tire. include, bi_it are not limited ta, lacindry morns. (~~ ~~pc~cc~ urxc~ ~~c~cttr~Cy. Each r~~sidci~t community roams, day care center4, h111u-ays, must be afforded adequate space and security fc~r stairwells, a~~d other common areas, therrtselves anal theiz~ belc~ngir~gs 4c~ 1'~eais. Each recipient of assistance Each resident must be provided an acceptable under this part who provides supportive hnusin~ place to sleep, ft~r homeless persons with disabilities must ~~ ~ Ir~t~~rit~r uir c~x~u~it~~. Ever-v r~~an~ a~• pi'rrvide mealti or meal preparation facilities 1`or space ii~u~t be prcavacled with natural car r~*srdents. 111~C1lanical l~er~tilatican, Str~iGt~~res must ~~ free {~~ ~~~~xo~rr~~ QSl.Sc'.i',S'l~~ent c3~Srs~~nrtt~re of polli~itar~ts in the air at le~~els that threaten the s~'ervr".ces. Each recipient of assistance under this laealth r~i' resi~let~ts, part must conduct. an congaing assessment of the ~~} ~'ctt~r• sip ~~~. Thy; watci~ su 1 enlist ~ pp y supportive services required by the residents oi- lac free from contamination. the project and the av°ailabilit of Ouch ser~~ices, Y ` ~ and make ~rdjusti~~er~ts as appropriate, ~ } ~S c~~~ir~arv~a~~i~irre.s. Residents rt~ust l~ lave ac~eess to sufficient sanitary facilities than . , ~e3 Resrc~e~n~ta~.s~~pervts~cat~. Each ~~r~.y in proper operatir~ condition, 11~~ be used g y recipient of assistance under this part most in p~•iva.ey, ar~d are adequate ~'or personal provide residential supervision as i~ecessarv to • cleanliness and the disposal of human v~'aste, facili~te the adequate provision of ~uppartive. • sc~rvice5 to tl~e r ' ~' es~dents of the haus~ng ~~'} ~et~r~~~ ertuir~n~r~e~i~. The l~atrsing throughout tl~e ter~tt off' the cornmitr~ent to must have adequate heating andlor Cooling operate ~su arrive hc~uwin .Residential pp g tac~ilities ~n ro r a ratin conditir~ra. p ~ ~ g ~ ~ , ,• scip~.rvisr€an Wray rnclude the employi~~erit cat a ~ ll,~ ^ ~~a~~/Trrrl~t4S/n 4{,F~. C+le~r~r7 ~c~rr~~r 'JA hex full- or part-time r1.4rdent~al super Y r`i./r w nth hc~u;~it~g must have adequate natural or ar~i~ticial s~iffic5ient ki~t~wledge to provide or era supervise illur~inatican to permit normal indoor activities the prt~vision of supportive ser~fices to the and to support the health and safety cif residents. residents. Srifficiunt electrical sources must be provided to (f } ~'c~r~iCi~atiar~ of i~ar~r~e~~,fi.s~ ~ersc~r~s, permit use Qf essential electrical appl.ianc~es ~ ~ } ~~ch recipient must provide for the while assuring safety Pram fire. participatican of homeless persons as re uire~ in q ~9) ,~'r~r~d ~are;~~ru~ic7n ~~ci re~r.~~se section. 42~(g~ of the McKinney Act ~~~ tJ.S.~. c~r'.~~r~~s'c~~. X11 food preparation areas mint l l ~g~~g~~. This requirement is waived if an cnn~air~ suitable space and .equipment. to stare, applicant is unable to meet. it and presents a plan prepare, and serve food i~ a sanitary manner. for Ht~D approval to otherwise consult with ~ l ~) ~c~jai~ary, cra~~c~~t~o~t. The hptisin ' g homeless Qr formerly' homeless persons in and any equipment must be maintained in c:ansiderin and makin alleles and decisions. g ~ P sanit~ryf car~elitian. See also ~ ~S:i.33Q~e~. ~l 1? Firs s~r~er}r. ~~i) F;aeh unit rnust ~~} each recipient of assistance under include at least orre bane o r~.ted ar ha~'d- rY~ this part must, to the maximum extent wired smoke detector, in proper wcarking iAacticable, involve ho p meless individuals arad condition, on each occupied .level ~f tl~~~ unit: families, through erriployment, ~1alunteer 5ntoke detectors .must be located tQ the extent services, or otherutisc, in constructing, practicable, in a hallwa ad~acent to a bedroom. y rehabilitating, maintaining, and c>perating the ~ the unit is occupied by hearing- irnpa~red prcaject and in providing supportive services or• laersons, smoke detectors must have. an alarm the project. system designed for hearing-impaired p~~5ons in (g~ ~erards ur~d reports, Each recipient each bedroom occupied by a hearing-unpaired cif assistance under this part must keep any person. records .and make any reports ~includiiag those ~'ity of corpus Christi T~~~B~JLItI~SD~ p~at~tai~~in~ ~L~ r~ac~~::, c;thni~•ity, ~;er~dcr, ~~.n~l dis~~l~ility stattry cl~~ta~ that ~L~~ n~a~~ r°e~l~rir~~ ~°ithit~ the ti~~reframe required. 4h~ ~`~}1~rfdc~rrt~crlit~3. Each rc°~;ipi~nt that . prc.~~~~~cs f-arnil~r ~-iU(~;r~ce pxeventrnrj ar treatmc~nc ~crvi~~es n~~rst de~relop end in~ple~~~er~t prc~cc~dur~?~ to ~n,~~rr•e: ~ ! } The confidentiality a~ t°ecards p~~rtainir~~ to any individual set•vices; artd (`'}That the address or lr~catian of anv prr~j~~~•t assisted wi!!~ nut be made put~lic, ~~~cept with w~°itttr~ arttl~ori~ation of the person c~t• p~:r~ans respur~sible for' the c:~~rat:ian u~f the pro j~~ct. fir} ~~~t~rttrtclCror2 cif ~tc~r~t.~~n,~~ aFi~srsi~~tt~~c~ The recipient n~a~• terrninatc assistance t.c~ a pat~icipant whc~ ~riulates pragrarr~ rr~quirernent~s. Rccil~ients should tern7iraatr~ assistance at~ly in the rnc~~t ~~v°er~ r~a~~~, R~~ipi~nts nay r~~un~~ ass~sta~~ce is a participant whase as~srst~ance was prev~iausly termia~ated. ~n tertnitrating a~~iatan~~~ ~:c~ ~a participant. the recipient mtast provide a formal process that reeogni~es the ri~h.ts of ir~c~i~{iduals receivinS assistance to daze process at" law. This process, at a rrrinirnum, must c;vnsist ol': 1 } ~'rit~:en notice to the participant containing a clear statement. cif the reasons 'car tern~inatian; ~2) A revie~~• ref the c~ecisian, in ~vhic~h the participant i4 given the c~pp~rtunity to preserat written or oral objections be~vre a per4~~rr ather than ~e person for a saabordinate o that person} who made or approved tl~e termination d~~*ision; and ~3} ~ran~pt written notice of the t"final decision tQ the participant. ~ j } ~irrt~t~~ian c~~.~ta~T itt tr~n.~~r~ivrtct! 3~~~ttsirt~. A homeless individual car f~rrnily r~ra.y. remain in transitional housing .for a pe~iQd la~~ger than ~4 rnanths, il' perrnanetrt ho~s~r~g, for the individual ur farrril~r hay not be~t~ located or il" the individual ar family reglrires additional time to prepare fo~° independent 1 wing. ~c~wc~Jc~r, HUI~ nay discontinue assistance for a transitia-nal housing ~projcct if more than l~~.lf of the homeless individuals car families remain in that. pro~~t longer than ~~ months. Qk~ ~r~tpctrt~rtt h~~a~th ser~~ic~~s. outpatient health services provided try the ~it~ of Carpus ~l~isti T~~l~~7BG~~~a8~1 recipi~'~7t r~~u4t be appra~-~~. a~ apprc~priatc~ b~~ l-lL~ and thy; Uepat°tn~crrt of l~Iealth ar~d i~rtnrar~ Servic~c~s (HIS}. Upan receipt of an application that prop~~ses the pro~~isian of autpati~nt health sere°ices, ~IJD will consult urith l~H~ with respect tt~ the ~ppi•z~priaten~1ss of the prt~pased ~er~°i~~~s. (1 i f~rtxtt~cr~ u~~.~~r.trcttzr. r~Ls. Recipients who recei~~e assistance' cirfl~~ far leasing, op~;t°atirr~? cost4 or suppartive services casts must pra~?id~~ an annual a5sur•ance 1'or reach year' ~uc,~h assistant~e is rec~~~ive~l that the project will l~G operated fc~t° the purpa<~. specif`ied in the :application. 1 Approved ley tl~e ~~#°ic~= a~ Mana~errrent ar~d Budget under c~c~ntrol na~nabGr 25a 11 ~ ~ C SS ER l ~~57 1, Ntar. l ~, ! ~~:~, as amended at ~~ ~~$~~, July ! ~, 1 ~9~; ~z l ER 51.17b, dept. ~~~, ! ~~q~~l 5R3.~~~ Teem of c~ommitrn~nt; repa~me~~t al' ~rantc; prev~nt~an o~ endue bene~t~. ~a } ! ~r err ~j~ c~c~rrtrttr.~~rt~tr~ arty' ~~~c~rt ~~~~'r ~~:r.'c~~~. Recipients must agree to operate the housing or prc~vEde supportive serL~ices in acec~rdance u{ith this part and with ~~~~tion~ ~~:~ ~~b~~ i) and. ~h}~,~ } of the l~c~i~ney Act ~~? G°.5.~. l l ~S~~b~~ 1 ~, l 1:~5~~'h~1,~3}. fib} .~~pa~~~jr~ertt ca~`~~ctrrt ctt~c~ ~re~~crtti~~rt n~'r.~ndu~ #a~ttc~~i~s. ~~n accordance with s~ctian 4Z~~c~} ul' the l~~ct~inney Act ~4~ U.S.Q. l l ~S~~c,)~, ~~~~ will require recipients to repa~~ the grant unless ~t~lD has authorized conversion ref the project under section ~~`~{~-}~3} of the l~c~inney Act ~~2 L~,S.C`.. l 1 ~S:3~b~~:~)). j b 1 ~ 511 ~6, dept. 34,1 ~9~] ~58~..~~~ ~~s~t~eement, ~elocatlon, end ac~uisi~ic~n. ~a} ~~~a~rni~,ir~~ r.~ts~~uc~rnPr~1. Consisterat with the other goals and objectives caf this part, recipients must assure that they have taken all reasonable sups to minirrtiz~ the displacement of persons ~~arnilies, individuals, husinesses, nonprof it organizations, and farms} as a result of 5uppt~rtive hausirrg assisted under tlxis part. fib} ~Relc~cxttian ~,~si.s~t~tc•~~~{'r` r~r,~p~a~~frc~ ~~r~r.~•~rts. ,~ displaced person defined its paragraph (~ of this section} ~~~ust be provided re~ocatian a~ssistanc;e at the levels described in, and in a~cordanc°e u~ith, the r~quire€nents o~f the Unifr~rm R.e:location Assistance and Real f'rcapert~ ~~:quisiti~~n P~.~fici~*~ ,~.~t ~~1~ ~ ~ ~t irnpler~erlti~~~; ~~e~rtlations at ~~ ~~~ p7rt ?~, 4 ~;} ~c~~~ ~rrj~F~r~~~~ a~~c~~~~,srtic~rr r•~~~~circ~r~~rit.~ ~I'l~e acquisition of real pr~~perty fc~r sup~~~~r~ivL hc~usitr~ i4 sub}ect to the C,rl~.~ axed tl~~ requ~rernents described in 4q CpR p~r~ ~4, subpart B. ~d~ ~~s~~on,~ihrlrt~~ c~~ r~c~l~aierrt. 41 ~) ~i'he recipient must ~~trtify ~i.cr., provide aysurarrce of car~tpliance} that it wil[ comply with the I~k~~~ the re~ulatic3ns at ~q CF~i part ?~, ~~nd the requirements of this section, and mast ens~~re such compliance natwithstandin~ arry third part~~'s contractual obligation to tl~e recipient tc~ c~vmply with these provisions. ~~~~ The. cyvst of required relocation assistance is an eligible project cast in the same rr~anner and to the sane extent as vlher project c~~sts. such cash also maybe paid for with lrjcal public funds ar funds a~~ailable frc~trt ocher :sc~~rrcc~s, ~~}The recipient must ~r~aint~tin records in s~rfficient detail to den~onstrate cQmpl ia~~ce with provisions of this secti~3n. ~e~ ~4~p~als. A person who disagrees with the recipient's determination conct~rnin wlaether the person qualifies as a "displaced peryon,7i or the amount of relQCation as5istarace for which the pc~rscrn is eligible, may fide ~~ t~rritten .appeal crf that deteirninatianwlth the recipient. ~ law-income person who is dissatisfied with the recipient's determination on his ar her appeal may submit a written request for review of that determirtatian to the HtID field c~f'fice. (~ 1~~~~rr~t~c~tt of dis~lar~er~~~r,~c~ri. 41 ~ far purposes of this section, the terra "displaced person" means a person family, individual, business, nonprofit argani~ation~ car farm) that moves fr~rn real property, or moves personal prr~perty frarn .real property pern~ane rrtl y as a direct result of acquisition, rehahilitatioti, or demolition for supportive housing projects assisted. under this part. The terra "displas;ed t~rson" includes, but may not be limited ta: ~i? A person that moves permanently frarn the real propert~~ after the property c~v~fner (or person in control of the situ issues a vacate notice, or refuses to renew an expiring lease in order tt~ evade the responsibility to prc~vid~.' r~;~lc~~iat.ion assiytan~~e, rt the muvc oc~~r~rs ~~~~ vi~ after the date the recipient submits to f~~D the application or application amendment desi~natin~ the project site. Qii3 any person, including a person wl~c~ mows hef orL the date. described in paragraph ~f`)t l )~i} c7f this section, ii` the recipient ar HI~II~ d~'termines that: the displacement resulted directly from acquisition, rehabilitation, or den~ol itic~n for the assisted prnject. i;iii} A tenant~occupant of a dwelling emit ~~'hc~ rnc~ves permanently from the buildin~lcamplex on or after the date of the "initiatitrn ~~t ne~otiatiQns'' see para~raplr ~~~ of this sectit~n) if the move ~ac~cury before the tenant hay been p~•ov~ided written natic~e afferin~ hin~ r~r her the opportunity tc~ lease and occupy a writable, decxent, safe at~d sanitary dwelling in the same buildings cotrrplex, under reasanal~lt tcrn~s and cc~nditi~rns, upon campletic~n of the project. such r•easorlable terms and conditions ~~nust include a rnonthl}~ rent and estimated average nranthly util its costs that da act exceed thin greater vf; (~4~ The tenant's mcanthl~' rent befar~ the i~ritiation cif neg~~tiatiQns and estin~ate~ average utilit~~ costs, or ~~~ ~30 percent cif dross hauseh~~ld i ncarne. it the initial rent i s at or near the n~a~cintum, there must be a reasonable basis for concluding at the time the project is initiated that future .rent increases will be modest. ~ i~'} ~- tenant of a dwelling who is required to relocate temporarily but. does not return to the buildingfccrrrt~lex, if either: ~.A) :A tenant. is not offered payment tar all reasonable otrt~of=pocket .expenses incun~ed in connection with the temporary relocation, car 4$~ ether c~~trditions of the temporary relocation are not reasonable, (:~~) A tenant of a dwellinb who moves from the buildin~loomplex permanently after he or she has been required to move to another unit rn the same burldrnglcamplex, if either: (.A) The tenant is not offered re:imbursan~ent far a:ll reasonable cut-of-pocket expenses incurY•ed in connection with the niove; ter City of Carpus Christi T~~o~~~~~o~~~a~ tB) ~th~ar c't3ndrtrc~r~s rs~ tl~c 1~1~~'~' c~I-~ rl~~~. r~.'~lst~nablc~. ~`'~ ~Iotwithstar~di~tg th~z pro~~isior~.s at paragraph {t~l: l) of this sr:ctir~n, a per•:~~~~r does r~c.~t qualif}l a~ a i`displaced p~sr~an" ~nrxd i~ n~~t eligible t'ar rel~~r~ation assistanct~ under thy: lll~~ or this sectian~~, if: (i ~ ~nc~ person has been e~~ icted ~ror 4~~riaus ~~r repeated vic~latian of the terms arld r~onditians of tl~e leap ~~r occupanc~y~ agreer~nent, violatian of applicahle federal, State, or ic~cal car tribal Ia.~;, ar other gaud cause, and ~~JI~ determines that the e~jictiar~ vas nat ~tndertakera i'ar the purpo,~ of evading the obiigati~~r~ tc~ provide relocation assistance; ~~ i i I Fite persa~a moved ir~ta the pr-r~perty after the submission of the applicatian and, before signing a lease and commencing ncc:upancy, was provided ~~ritten r~t~tice of the project, its possible impact on the persr~n ~~'.~;.y the person r}~ay be disptaced, temporarily relrrcated, or strffer a rent increase} and the 1"E~Ct that the :person ~=could not grra(if~~ as a ``displaced person"' ~c~r for any assistance provided rrrr~der this sectian~, if the proje~°t is approved; tiii~ The persart is ineligible crr~d~kr ~q ~Fl~ ?~.~~;g~~z~; or Div} ~~,~~ detertnirtes that the persnrl was not displaced as a direct result of acrltrisition, rehabilitation, or rietnal.ition far the project. ~3~ The recipient nay rerluest, at any tune, ~IUI~'s determination of v~hether a displacement is or ~vouid be covered under this section, ,. ,. r. fig} e rnrrrcan n~ rr~rrt~ttn~ off' ne~otiutto~s. Fvr purpokses of determining the. formula far computing the replacement housing assistance to be provided to a residential tenant displaced. as a direct result at' privately undertaken rehabilitation, demolition, nr acquisition of the real ~raperty, the tee "initiation of negotiations" means the cxecutiort caf the agreement between the recipient and ~lt~l~. ~h~ ~7e~i'~rr'tiun of'~r~j~r~. F'or pur~c~ses of this section, the term "project" means an trndertaking paid for in whole ar in pert u~ith assistance under this pert. Tv~v or mare activities that ire integrally related, each ess~r~tial to the ethers, are cnrrsidered ~i single prc~~e~~t. wh~xthc.~r c~r~ rrc~t all ctCrrnp~~nent actrv ities r~~ce ive assistar~~~~x under- this ~p~rt. ~l~ FR 1 ~~~~' l , hear, 15,1 ~9;~, as amended at ~9 ~€~~~~, July ~ ~, ~ 9~~ 1 .` 583.31 Resident r~=nt, l.a~ C'~~c:'u~ati~n r~~'rE~:~ic#~~~tt r~jt~it, Each resident of suppo~tir~e hausi~~g nay bca required to pay as rant are amount determined by the r°cxcipient which may not ex~~eed the highest ot: 1) :~~ percent cal the family's monthly adj~r~ted income adjustment iac;tors .include the ncrr~ber ~t people in the ta~n~ily, age at` family members, rrredical expenses and child care c~cp~~r~ses}.The calculation of the family's rnt~nth~y adjusted inGOme roust include the expense deductions provided in ``}4 ~lwR ~.~i l l ~a.}, a.nd I~ar per'san5 with disahiliti~:s, the ~~alc~ulation c~t'the family's monthly adjusted income aisa rn~rst irrcitrde the disallowance of earned income as provided in 2~ CFFI~. 5.~ 1 ~t if ~rpplicable; (2~ I O percent of the I'arnily's monthly grass ittcomei or ~3} tf the tanrrily is rti.Leiving payments I'~~r wlelfafe ~~:ssistar~ce lic~rn a public a~genc:y and apart of the paymients, adjusted in accordance ~~rith the Family's ac~t~,ra.i housing costs, is spec~ific~ally designated by the agency to meet the family' S housing rusts, the portion of the pay n~ent that is desi,~nated for housing costs. ~b~ ~~5~ n f r-~~nt. ~.esident rent may be used in the operation ot~ the project or may be reserved, in whale ar in part, to assist .residents of transitional housing in mop°ing to permanent housing. ~c} ~"~~ ~, ~n addition to resident rent, recipients may charge residents reasonable tees text services not paid with grant funds. [5$ p~ .I ~8~1, liar. l~,13, as amended at 5r~ 3~13~2, duly I ~, l ~~~; 6~ FR ~~~5, ,lan. 1 ~, ~~i ~ 583.324 ~i~~ e4ntr41. dal ~~'r`f~ r~~~~tre~l. (l ~ where grant funds will be used t'ar acquisition, rehabilitation, or~ new construction to provide supportiV~ housing or supportive services, or where grant funds will be used for operating costs of supportive housing, or where grant funds will be used tc~ provide supportive services except v~~here an ~lt~r Qf sous ~h~'l~tl applicant will prn~~ide~ ser~vfic~es ~~t sites riot operated by tha applicant, an applica~~t rr~~~.st den~r~nstrate site control before HUD v~lill c~~ecutr~ a grant a~reenaent ~~.~r., t[aratt~l~ a de~.~d, lease, cxectrtr~d contract of sale). if such site ~.~c~~~rtral is n~~t de~~nc~nstratc;d within cane year after initial r~arific;atican of the award t~f assistan~~e under this part, the grant wi11 be deab[i~a.tcc! as provided irl para~ra.ph tc~} of this s~~ctian. l ?}where grant funds w~ it l be used to lease all or part of a stru~;ture to provide supportive housing car wupporti~~e scr~~ices, car where grant funds will be used to lease rr~drv~~dual housrng units far homeless per-sans who will everttually control the units, 4ite cc~ntrc~l need nay be demonstrated. {,b1.sTi~~~ c~rc~rr~~. t;1) A recipient: may €~btain ownership car cc~r~trol of a suitable site; different from the one specified in its application, Retention of an assistance award is subject tc~ the new sin's meeting all requirernents under this part for suitable sites: (~} If the acquisition, rehahilitation. acquisition and. rehabilitation, or rrew . constrrrctron costs far the substittrt~ site are ~~eat~er~ than the arnount of the grant awarded for the site specified ira ~e application, the rec`ipr~nt must provide far all additional costs. If the recipient is unable to demotrstrate to H~JD that it is able to provide fQr the diffcr~uc~e in casts. HUD may deabligate the award of assist~rnce. {,~} .~i~rlur•~} tra ~irrtairt sirs ~~~r~rt~•a! ~~tt~i.~l c~~.~ veer: HIJD w i [l t'et~apture r~r deobl igate arr~r award far assistance under this part if the rec%pient is not in control of a suitable sale be(~~rc~ the ea~cpiration of one year after initial rac~tif. icati~n oI' an award. ~ a~3,32~ Nondi~crlm~nation and eq~u~! appor~un~~#y requirements, {:a} ~cfr~~rad, Not~uithstandirrg the per•mi~sibllity of proposals that. serve de~i~n~ited populations of disabled homeless persons, recipir~nts seating a de~i~natcd population Df disabled homeless persons are required, within the designated population, to comply with the requiren~nts for non~liscriminatian on t:he basis crf raeey color, religion, sex, national origin, age. familial status, and disability. fib} ~nrr~i.~er~r~~~cuti~arr acrd ~~c~r~~~ ~P~~~rr~r~~~ty rec~u~ret~rrt~~. The nQndiscrirninatic~n and equal oppar~tunity ~~equir•erx~e~~ts pct fnrth at part ~ a[~ this title apply t~~ this pra~zAam, The Indian Civil Ri~l~ts Act (~:~ l~.'.S,C.1 ~Ol et seq.) applies to tribes when they c~cercise their powers of sell~~overnmerrt, and tc~ lr~diar~ hc~usin~ ~~~~th~rrities (IHAs}when established by the c~xercisc of such powers. ~'h~n an IHA is esta~bl~Shed under state law, the applicability of the Indian Civil Rights Act will be deterrYained on a case-by-case basis, projects subjec€ to the Indian Civil Rights Act must be developed and operated in compliance with its pro~risians a~Td a!I implementing HUD recluiretner~ts. instead of title Vl and the F~-ir. Housin~,1~-ct and thou in~plemerrtin~, re~ttlatic~rrs. t~c} Prvc;~c~r~rcf.s. ~ l ~) I~# the procedures that the r~;cipicrrt intends to use tc~r make l~nawn the availability of the supp~artive hausin~ ar•e unlikely to reach persons of any particular race.. cyalor, religion, see, ale, natir~nal origin. familial status, car handicap who nay qualify for adn~issit~n t~c~ the housing, the recipient must establish aclditir~na[ procedures that will ensure that such persc~tjs can obtain information concerning availability c~t'thc~ housixrg. ~ ~) The rec ipient must adopt. procedures to make available inforrnatit~n oar the e~.istenc~~ and locations of facilities and. services that are accessible try persons with a hanclic~ap and maintain evidence of implen~entatian of the p~ra~edtrres. ~d) ~~c~c~.~silrilr'ty ~•egrtr`r~~t~rtis, The recipient mrast cam~ly with the new con~tru.c~tion accessibility requirements of the Fair Housing Ac:t and section 5 of the Rehabilitation Ac: t ol~ ! ~~:~, and the reasonable accornmadation and re[~abilitatic~tr accessibility requirements of section ~~~ as follows: (1 }All new construction must meet the accessibility requirements of 24 t'FR S.~Z and, as applicable, ~~ CFR l ~~.?Q5, ~? } projects in which costs of rehabilitation are 7~ percent or more of the replaeernelrt cast af' the building must rrreet the requirements of ?~ MFR $,?~~a}. Other rehabilitation must meet the requirements ofi ?~ CSR S.?3~b}. ~~~ Fly. l ~S~ l , l~Iar. 15, l ~q3, as amended at ~q F'R 33~q~,lurre ~Q,1994; ~ 1 FR S2 l 4, Feb. ~, 1 ~h? ~ l FR ~ l l 76, Sept. ~(~, 1 qq~] § ~83.3~0 Applic~~bility of other Federal requirements City of ~`orpus ~hrist~ T~~~7~~~D~~$~I l~~ adclitic?n to the rer~uir~~~rrte~tts sc;t f~~r~tla in ~~ ~FP p~~rt~ ~, uc of t~ssista~~c~~~ px~ovid~:~l under this park m~~st cc~naply with the fallc~wir~g l;~:d~~•al rcyuirenlents: ~a3 Ftc,~~~ i~ts•ut'ant~e. { l) Th~a Flood Disaster .P~r~rtecti~}n ~.ct of 1 q7~i X42 ~.~.~: 4D~ [ -~ 1 ~~} prohibits the appra~~al of ~tFplicatians far assistance for acquisition car construction Cincluding rehabilitatir~n~ for supportive housing located in an area identix'ied by the Federal Fmergenc~y Managerneiat ~,ger~c}~ [F~l~~~) as having special flood hazards, r~~tless; (i) `rhe cam unity in whi~:h ~h~;area is situated is partic~ipatingrn the National. Flc~cad Insura~~.ct Program [see 44 CFR parts ~~ throu~l~ 7~~}, or less Haan a year has .passed since FF~~ nati~~ic~~tion regarding such hazards; and iii) Flood insurance is obtained as a c~~nditi~n of approval ol~ the applicatio~a. t2~ applicants with supportive housing located in zn area identifiedby FEM~ as ha~~ing special flood hazards and receiving assistance Far acquisition or construction ~includizag r~ehabilttatica~~}are responsible fc~r assuring that flood insurance under the National Flood f~nsurance Prc~gr~~m is obtained and rnaintairaed. ~b~ The Coastal farrier Resources ~Ac;t of L q82. ~ l h U.S.C.: ~Ql ~t ,s~~, ~ may apply to proposals under this Fart, depending on the assistance requested. f c} .~~~~i~•c~d~i~it~ r~~`~,~IB C~r'.rcitt~~rs. The policies, guidelines, and requirements of CIF Circ~rlar Igo. ,A-8~ Cost Principles ~ppli~a.ble to Crant.s, Contracts and Other Agreements with Mate and Local Cavernments) and 24 CFR part ~~ apply to the award, acceptance, and use of a5~istance tEnder the program by governmental entities, and C~~B Circular Nc:3s. A,~l l~ ~Crants anal Cooperative Agreements with ~nstitutiat~s of higher Education, Hospitals, an,d Other Nonprofit t~rganizatians} and A-122 Cost FrinciFles Applicable to Crams, Contracts and Other 1~greements with Nc~nprafit lnstiiutions~ apply to the acceptance and use of assistance by private nonFrofit organisations, ex~,ept where inconsistent with the provisions of the ~tc~inney Actf other Federal statutes, or this part. (Copies of CI~B Circulars may be attained tram 1~.~.P. Publicaticans, roam 22a~, New Executive C~f~ice Building,'b~ashington, l~C 2~,~~3, telephone ~2~2~ ~~5-7:1:2. ~"Phis is rtcat <~ toli~frce l~urt~l~~~r.) T~h~-~re is a limit vl~ t~~vo free ~:~~pies. (d'~ ~.r>~rc~~~~c~s~~d ~e~int, The Leadw~a~ed Paint Faiscaning Fre~jentian Act 442 L.S.C. 4s21~~4~)4 the Residential Lead- lased Paint Hazard Redu~•tian pct of l q92 {42 L.S.C. ~R5 l -- 4~~f~:1, Etnd implementing re,~ulatians at part. ~~, subparts ~~, I~, J, K, and R of this title apply to a~~tivities under this prtagram. fie) C'arr~xic.~}s of int~r~~.rt. [ l } In addition tc~ the con[~ict of interest regt~irex~ents in ?4 CFR part 1~5, na perso~t why is an employee, agent, consultant, officer, ac elected or appoi~~ted official of the recipient. and who e,~~;rc~ises ar ltas ~3xercised ~~ny 1`uncticans o~• responsibilities with respect to assisted ac.~tivitics, ar who is in a. position to participate in ~ decisianmaking process ar gain i~aside information with regard tc? suLh activities, may abtai~a a persa~aal c~~~ financial intarest ar benefit. from the activity, or have ari .interest iii any contract, s~rb€~antract, ar ~tgreera~ent with respect thereto, ar the proceeds the~~under, either fc~r hiraaself or herself ar F~~r those with whom he or she has family ar Lousiness ties, d~~ring his or her tenure or Far one year thereafter, Participation by homeless i~~diviclux~ls who also are participants under the program in policy or decisionmaking under ~1~:~.3(~(~~`} does not cansiitute a conflict of interest, ~2;) l.apc~n the written request of the recipient, HUI~ may g~•ant an exception to the pravision~4 of paragraph ~e}~ 1 } of this section on ~~ case-by~-case basis when it determines that the exception v~rill serve to further the purposes of the pt~ogran~ and the effective and efficient administration of the recipient's project. An exception may be considered only after the recipient has provided the fallowing; ~i}Far Mates and. other governmental entities, a disclosure of the nature of the con.fli~:t, accompanied b}f an assurance that them has been public: disclosure of the conflict and a description of haw the public disclasu~•e was made; and ~ iii For all recipients, an capinic~n of the recipient's attorney that the interest for which the exception is caught would oat violate State rar Racal law. ~~} In determining whethe~• to grant a requested e,~aeption after the recipient has City old Ca~pu~ Christi T~~t~2~~b~~ t f~~0 ~ satisfactc;rily ~~iet th~~ t~equire~~~c~~~t Uf para~~~~~pl~ ~~}~?~ cal' tl~is secti~~rt, HUD u~°ill cc~t~~id~r the +umulative effect of the ft~llowing factors, ~~~here applicable: li} w~l~ethc~r the ~7xception would pt~a~Jide a significant ~`ast benefit or an essential de~rce of ~}xpertise tc~ the pr~~ect which ~-oufd otherwise not he available; ~ii:~ ~~hether the p~;rsnr~ affe~;te~f is a mernbe~~ ~~t` a group or class of eligible pcr~o~~s and tl~~~ e~c~eptic~n will permit such pca~san tc} rc~c~eivc generally the sane interesCs or benefits as are being made available ar prc~~fide~l to the. gr~~~up or class; viii} ~~hether the affacted per~s~~n has ~vithdra~1n firam his or her func~tians car responsibilities, or the decisianrnal~ing process with respect to the specific assisCed activity in question; . Div) whethe~~ the interest or bet~e~`it wa,s present before the affected person was in ~~ pc~~sitic~n as d€~scribed in paragr~-ph ~~}(:1 } at~ this secti~~t~; ~v~} whether undue hardship gilt result either try the recipient ar the per's~~,ra afl"ected when weighed against the public interest served by at~aiding the prohibited ~~c~nf~i4t; tend ~~ti) ~-ny uthet~ relevant considerations. ~f~ ~4u~~t. The 1'inanGial management systems used by recipients unde~~ this program. .must. provide; for audits in aecardance with ~~ ~:F`R. part ~4 or part 4:~, as applicable. HUD may perform or rt:qui~~e additic~i~al audits as it finds necessary ar appropriate. ~~} Davis-bacon A;ct. The previsions of the Davis-Bacat~ .pct do r~Qt apple to this p~~agrarn. ~~~~ ~R l X87 1, l~!~ar.15,199~, as arrtended at ~ l ~ ~~ l l , Feb. ~,1 ~9~; b~ l~ ~~?~~~, Sept. 1 ~, 19~~) aub~ar~ ~--Administration ~~3.~aa ~ r~r~t agr~ment. (a~ ~e~t~}~'~!. T`he duty tc~ provide supporti~~e .hauling or s~~ppartive services in accordance with the requirements of this pats will be incorporated in a grant agre~~ent executed by HUD and the recipient, (b} E~ifc~rc~c~r~tr~t~t. HI:jD will et~l`orce the obligations in the grant agreement through such ~~ctio~~ as nay be ~~pprapriate, i~~~:lt~di~~. ~'epay~x~er~t o#~ fund4 that liavc~ al~~c;ady h~-~e~~ disburwed tc~ the recipient. 5~3.4aS Pra~ram changes. ~a} H~~~7 cx~a~r~~vu~. ~ l } A recipient may not make any 4ignificant chttt~ges to an apprc~~-~d prc7~ram without. prior HtID approval. Significant changes include, but are not li~nited tc~, a change in the re~:ipie~~t, a cl~ange in the pt-oject site., addit.ion4 ar deletions in the types ~~f activities listed. in ~ ~~~, l()(~ of this part apprc~~red fc~r the program ar a shift of mo~~e than l ~? percent. of fuxjds from one appravtd type at activity t~~ another, and a cha~~ge in the Gategary cif part.ic.•ipants to be serWed. Depending on the. natut~e of tl~c change, HUD may require a new ~~ec~ific~~ctia~~ ol` consistency with the consolidated plan~see ~ ~$3.15~}, ~~~ Approval far t~hanges is continge~~t tapan the application t~ank:ing remaining high et~angh after the approved change to have beeYY ~4ampetitively selected far funding in tl~e year the application was selected. . (. } ,DD(,~asnt~~~~t~r~t~~ of c~t~t~r c~haft~~4~~. ~7~y ~#han~es to an appra~ved pra~ram that dQ teat req~Eire pria~~ HUD appru~sal rrt~ast be fully ~locun~e;nted in the recipient's t'ecards. ~~~ ~ l ~~~ 1,1t!Iar. 1 ~,1 ~~3, as amended at b 1 l"~ ~ 1.17, Sept. 3~,19ghJ ~ 58~.4ta ~bli~~tion and dea~ligatian o~ fund. ~a} ~~~~~~~c~t~c~n ~f fi~n~,~.1~ho~z HLID anal the applicant execute a grant agreement, funds are Qbligated tc~ cover the amount of the approved ~~ssi5tance under subpart l~ of this part. ~`h~ recipient will he expected tv carry cut the supportive houtsing ~~r ,sttpparlive services acti~~ities as prc~pa5ed in the application. fib} ~'rt~r~~s~s. After the initial Ubligati4n ~~f funds, HUD w ill nc~t make revisions to increase the amount obligated. 4 c ? .Dc~r,~al i~utt~n. 1, l }HUD tray d~lobli~ate all or parts of grants frar acquisition, rehabilitation., acquisition at~d r~:habilitation, or new canstructian: ~i j If the actual total cost of acquisition, rel~ab~litatiun, acquisition and rehabilitation, or new construCtiot~ is less than the total cast anticipated in the application; or ~'ity of carpus C~ir~st~ ~roa~~~~~~os~~. ~ ii} ff prc~~c~sed ~~kit`iiies i~~~~ ~~~f~i~•h ~~trr~c~ir~~ ~~~~5 a~rpro~~ed ire riot ~~~~~rr~ ~~`rthrrt kf~re~~ u~~3r~tf~~ t~r~ residents da nc~t be~ir~ to ~cccif~~ tf~e ~acilit~~ ~~ithin r~ine rnc~rttf~s after' grant ~~~ecutic~~t~ ~?} H.Uf) m~y,dr~oh~i~atc~ the arnotrrtts fc~r arn~u~~1 ~Gasin~ cust~, ~~er+aCin~ c~o~,t~ ~~t' ~~r~faorti~~e services in any }year: ~ i j If the act~ral feasin~ cosh, ~~peraCin~ ~~o~t4 ~r sup~c~rfi~ve ser~~zces f~a~~ tflat ~~e~tr~ ~~r'e le~~ t~~ar~ Chr tataf ~~c~sk anticipated in the ~~~pfi~°~ti{.~~; ar ~ii~ ~~ thu ~ro~o~ed suppo~~Ci~°~ h~~usin~ ~~~cratic~r~s ~Ir~ not be~ur~ witf°rir~ Chrte month a~'tc~r' the ~rr~its are avaiab{e i~or occU~ancg~. ~ :~~ The drank a~reet~ent mad, set farEh in c~~~Caif otf~c~ circumstan€~es under' ~vhich f`tr~~c, ~~~~ tic ~eoh~igated, :end athe.r sanctions r~~a~, fie irrr~as~~~. ~~~ H~~~ mad: {i~ ~eacf~rc~ise the a~~aifahifit~; rrf'ft~r~c~s tl~at f~ave f~eer~ deohli~ated under' this ~ti~n in a notice ~~f f~un~ ~~~aifaf~ilit~~ unde~• ~ ~~~~.?D~), car tii~ ~~~ard deQk~fi~ated f~~n~fs to a~pficatir~ns pr+e~~iau~fy. ~uhrnilt.ed in response. to tf~e r~+ast recently publi~f~~d rrc~ticc o~ fund r~~TE~ifafaifit~~, and ira accordance ~itf~ s~r~par~. ~' ~~i' this pari:. ~~C~ of ~~~ts ~~ris~i T0~2~8~~(~ 1 UB~~ EXHIBIT B INSURANCE REQUIREMENTS i. Subrecipient's Liability insurance A. Subreci lent must not commence work under this agreement until all insurance required P .. 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. Subreci lent must furnish to the City's Risk Manager and to the Department or Division p res onsrbie for thrs agreement; 2 copies of Certificates of Insurance, showing the following p m~n~murn coverage by insurance company~s} acceptable tothe C~tys Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 3o-Day written notice of cancellation, material Bodily Injury and Property Damage change, non-renewal ar termination is required on Per occurrence I aggregate all certificates COMMERCIAL GENERAL LIABILITY including: 1000 000 Combined Sin le Limit 1. Commercial Form 2. Premises -Operations 3. Productsl Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors 6. Broad Form Property Damage 7, Personal injury C. In the event of accidents of any kind, Subrecipient must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Il. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: The City ofCorpus Christi must be named as an additional insured on the liability coverage, and a blanketwaiver of subrogation is required on all applicable policies. !f your insurance company uses the standard ACORD form, the cancellation clause bottom rights must be amended by adding the wording "changed or" between "be" and "canceled",and deleting thewords, "endeavorto", and deletingthewording after "left". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. The name of the project must be listed under "Description of Operations" At a minimum, a 30-day written notice of cancellation, non-renewal, material change, or termination is required. B. If the Certificate of Insurance on its face does not show on its face the existence of the covera a required by items 1.B ~1 }-~7}, an authorized representative of the g .. insurance companymust includea letterspecificallystat~ngwhether~tems 1.B. ~1}-7} are included or excluded, END ~ - r , EXHIBIT C STATE GF TEXAS COC COMPLIANCE AFFIDAVIT KNOW ALL BY THESE PRESENTS: COUNTY ~F NUECES Date: cs Affiant: /t ~ s ~' Continuum of Care Gran ubrecipient Affiant, on oath, swears the following statements are true: I, ~ ~a~~Ai~~cla.4Q/,G~o,2~w, am the ~R.05 D~i~E~2. (title) of"?!~~ 5~1v~~,a~ ~i¢~rcN _ ~~eevs ~'ha~c~-i' , a Texas nonprofit corporation, which has applied for and been awarded Continuum of Care ~"CGC"} Grant Program funds administered by the City of Corpus Christi ~"City"}. Prior to 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 GFR 583 GMB Circular A-122 41 CFR 60.1 and 60.4, as applicable GMB CircularA-133 By execution of this affidavit, I a#test 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,..accordancewlth Federal laws. .,;~. n Si ned: g SwoRN TO AND SUBSCRIBED 2449. o~~~Y p~~ eal} MILDA CAMpoS ~ s' `' Notary Public ~' ~ STATE ~~ T~7(AS ~ ~ ~ ~~~y My Comm. ~xp.o4-z5-20~~ ~. ~ ~~ before me this the rJ ~ day of Notary'Public, State of Te~`as 1 ~ ~ k ~ r ~ r ~ ,~ . _ ._..~ EXHIBIT D ~~ ~~ CITY OF CORPUS CHRISTI DISCLOSURE ~F INTEREST City of Corpus Christi City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See definitions on next page. P NY NAME: ~7 ~ Q ~ CC~M A P. 4. Box: ~~ STREET ADDRESS: ~ CITY: ~ ~ ZiP: '~ OI FIRM IS: 1. Corporation ^ 2. Partnership ^ 3. Sole owner ^ 4. Association [] 5. tither If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3°/° or more of the ownership in the above named "'firm." 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." Na a Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3°/a or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3°/° or more of the ownership in the above named "firm." Name Consultant CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. . STEPW~N ELLIS Title: ~5~;c~~:l'~.4 ~RERSLRER Certifying Person. Signature of ~~~~: ;~~~~~.~t~vf~~ ~~~~~ ~ ~i~,:,~,:~~ ~:,~;~~~;~.,~~ sif~~ Certi in Person: ~ Rate: fY 9 Page 1 of 2 i ~ y Y i i 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 enti#y 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- profitorganizations. 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 cons#ructively 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 forthe purpose of professional consultation and recommendation. Page 2 of 2 r S ~ ~ ~ i City Of Exhibit E Corpus Christi .:,..~. CERTIFICATIGN REGARDING LD~BYING CERTIFICATIGN FAR CONTRACTS, GRANTS, • LDANS, AND CG4PERATIVE 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 caoperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. ~2} If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit with this a Standard Form-11, "Disclosure Form to Repor# 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 accordir~giu. This certification is a material representation of fact upon which reliance was placed when this transaction was made ~r 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 ~Aer±ification shall be subject to a civil penalty of not less than $1 D,000 and not more than $100,ODD for each such failure. T~~ gN A , . G~4 IA CDI~PORRTiQN r' `~ n ure Date ~~'~~W~N ~LL~ Print Name of Authorized Individual Organization Name •