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"}.
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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
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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
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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.
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(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.
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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
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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.
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f ~ - ~`''•a ~r
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Notary Public, State of G a ~ ~xP~RSs
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Salvation Army Singies C4C Agmt.doc Page 12 of 12
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~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 •