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Home My WebLink AboutC2010-154 - 5/25/2010 - ApprovedCONTINUUM DF CARE GRANT AGREEMENT BETWEEN THE CITY DF CORPUS CHRISTI AND WESLEY COMMUNITY CENTER THE STATE DF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY DF NUECES § This agreement {"Agreement"} is made and entered into by the City of Corpus Christi, a Texas home-rule municipal corporation {"City"], acting through its City Manager or the City Manager's designee {"City Manager"], and Wesley Community Center, Robstown, Texas ("Subrecipient"~, a nonprofit corporation organized under the laws of the State of Texas. WHEREAS, there being a genuine need for supportive housing services far 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 WHEREA5, the City has allocated Continuum of Care Grant ("CDC"] funds in the amount of $134,971 to the Subrecipient for assistance in providing supportive housing services for the homeless. NOW, THEREFORE, the City and the Subrecipient have severally and collectively agreed and, by the execution of this Agreement, are bound to the mutual obligations, perFormances, and accomplishment of the tasks described in this Agreement. SECTION 1. CITY'S FUNDING OBLIGATIONS. The City agrees to: 1.1 Funding, Provide the Subrecipient not more than One Hundred Thirty-four Thousand Nine Hundred Seventy-one Dollars {$134,971] of COC funds on a reimbursement basis, based on the stated services to be provided pursuant to the approved Application for Federai Assistance, PIN number TX55Q13 {grant #TxdQ2813- 2010-15~t Res. 028GI4 0512510 Wesley Community Cntr. ~~~~~ fiJQ1Q8QZ}, a copy of which is incorporated by reference and is attached tv this Agreement as Exhibit A. 1.~ Reimbursement. Reimburse COC funds tv the Subrecipient according tv this Agreement and as follows: ~A} Not more than $128,544 will be reimbursed to the Subrecipient for the provision of essential supportive housing services to the homeless. ~B} Not more than $Q.dd will be reimbursed tv the Subrecipient for payment of operating costs related tv supplying supportive housing services for the homeless. (C} Nat mare than one half of $6,427 will be reimbursed to the Subrecipient for the provision of administrative costs related to supplying supportive housing services for the homeless, with the City retaining the remainder for City-related contract administration costs. SECTION 2. SUBRECIPIENT'S FUNDING ^6LIGATiI~NS. Subrecipient agrees to: 2.1 Matching Funds. Contribute and provide the following amount of cash as the required CCC grant funding match as shown in Exhibit A: (A} Not less than $25,7D8.8Q must be spent by the Subrecipient to provide essential supportive housing services to the homeless. (B} Not less than $O.dQ must be spent by the Subrecipient tv provide for the operating costs related to supplying supportive housing services to the homeless. (C} Not less than $Q.OQ must be spent by the Subrecipientty provide far HMIS costs related to supplying supportive housing services to the homeless. 2.2 Staff and Administrative Support. Provide sufficient staff and administrative sup- port to carry out the stated services, supervise the delivery of supportive housing ser- vices tv homeless persons, and provide supervision and oversight, by the 5ubreci- pient's Board of Directors, of professivna! services provided by the Subrecipient. 2.3 Services and Facilities. Provide services and utilize the facilities ^r buildings in accordance with the Continuum of Care Grant Program regulations contained in the lJnited States Cade of Federal Regulations ["CFR"}, and including, but not limited ta, those federal requirements contained in Sections 5 and 6 of this Agreement. 2.4 Permits and Licensing. ^btain and maintain any permits, certificates, and licen- ses that are required of the stated services and of the facility or tote services offered therein ny the State of Texas and any other agencies having regulatory jurisdiction aver the facility or services. 2.5 Financial Records. Record financial transactions according to accrual accounting procedures or develop such accrual information through analysis of the doctamentatian on hand and provide an independent audit for such expenditures upon request by the Continuum of Care Agmt -Wesley Page 2 of 12 City Manager or the Administrator of the City's Community Development Department {"CDD"}. 2.8 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, yr CDD, in order to conduct audits or monitoring. 2.7 Information and Reports. Provide any information pertinent tv this Agreement as the City Manager, the Administrator of CDD, ^r HU^ may from time to time request. Subrecipient shall adhere and comply with the reporting requirements mandated far the Homeless Management Information System {HMIs} administered by the City as a condition of receiving funds under this Agreement. 2.8 Notification of Change. Notify the City within ten {10~ days when the scope, funding, staffing, or services being provided by the Subrecipient changes from its cur- rent level. 2.9 Use of Funds. Expend all funds solely far the services described and funded under this Agreement and in accordance with HUD regulations. The Subrecipient shall reimburse the City for all City-provided CaC funds expended by the Subrecipient on services not authorized under this Agreement or that are expended in violation of HU^ statutory and regulatory provisions. ~.1 a Record Retention. The Subrecipient shall retain all required records for three years following the final payment made under this Agreement or until all pending matters are closed, whichever is later. SECTION 3. TERM; TERMINATION; NOTICES. 3.'I Term. This Agreement commences April 1, 2010, in accordance with the grant period, provided the City's City Council has approved its execution, and terminates on March 31, 2011. 3.~ Termination. Either party may terminate this Agreement as of the last day of any month upon thirty {3d} days prior written notice to the other party. 3.3 Notices. {A} All notices, demands, requests, or replies provided for ar permitted under this Agreement, by either party must be in writing and must be delivered by ^ne 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 ser--ice, for which service has been prepaid; or {5} by fax transmission. {B} Notice deposited with the United States Postal Service in the manner described above will be deemed effective two {2} business days after deposit with the United States Postai Service. Notice by telegram or overnight express delivery service will be deemed effective one {1}business day after transmission to the telegraph com- Continuum of Care Agmt -Wesley Page 3 of 12 pony or overnight express carrier. Notice by fax transmission will be deemed effec- tive upon transmission, with proof of confirmed delivery. ~C} All such communications must only be made tv the following: If to the City: City of Corpus Christi Attn: Admin., Community Dev. P. D. Box 9277 Corpus Christi, Texas 784fi9-9277 X361 } 826-3Q45 Office [3fi1 }844-1740 Fax If to the Subrecipient: Wesley Community Center Attn: Executive Director P. D. box 586, Robstown, TX 78380 4015 MacArthur Street, CC, TX 78416 [361 ] 82fi-8300 Office (361 ] 880-fi753 Fax {D} Either party may change the address tv which notice is sent by using a method set out above. The Subrecipient shall notify the City of an address change within 10 working days after the address is changed. SECTION 4. INSURANCE AND INDEMNITY PRDViSIDNS 4.1 Liability Insurance. The Subrecipient shall have in force, throughout the term of this Agreement, insurance that complies with the standards in Exhibi# B, a copy of which is attached tv 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 Managers'} and the Administrator of CD^ at least ten [10} days prior to any expenditures of CDG funds by the Subrecipient. Failure tv maintain any of the types and limits of the insurance required by Exhibit A is cause for the City Manager or the Administrator of CDD tv terminate this Agreement and cancel any and all reimbursements of CDG funds to the Subrecipient. 4.2 Fire and Extended Coverage. The Subrecipient shall also have in farce, through- outthe term of this Agreement and during the period which the facilities ^r building must be maintained as a shelter far the homeless in accordance with Section 5.2 of this Agreement and 24 CFR §576.53, as amended, fire and extended coverage insurance in the amount indicated in Exhibit B. Failure to maintain such insurance is cause far the City to terminate this Agreement and cancel any and all reimbursements of CDC funds to Subrecipient. 4.3 Notice to City. Subrecipient shall require its insurance companies, written policies, and certificates of insurance to provide that the City must be given thirty (30} days ad- vance notice by the insurer prier to cancellation, nanrenewal, or material change of the insurance policies required by Exhibit B. 4.4 Right to Re-e~aluativn and Adjust Limits. The Risk Manager retains the right to re-evaluate the insurance requirements during the term of this Agreement and adjust the types and limits of such insurance upon thirty (30} days written notice tv Subrecip- ient. Insurance types and limits may not be adjusted more frequently than once a year. Continuum of Care Agmt -Wesley Page 4 of 12 4.5 I N DEAANI FICATI~N. ~A} 5ubrecipient covenants and agrees that r`t will indemnify and hold City harmless vf, from, and against all claims, demands, actions, damages, losses, casts, liabilities, expenses, and judgments re- covered from or asserted against the City on account of injury or damage #o persons or property including, without limitation vn the foregoing, workers' compensation, dea#h, and premises de- fects} fo the extent any such injury or damage maybe incident tv, arise out of, or be caused, either proximately ar remotely, wholly yr in part, by an act or omission, negligence, yr misconduct on the part of the Cr`ty, its officers, employees, or agents ("lndemnitees"}, acting pursuant to this Agreement and with or without the express or implied invitation yr permission of the 5ubrecipienf, or on the part of the Subrecipienf or any of its agents, servants, employees, contractors, patrons, guests, licensees, ar invitees entering upon the facilities being used pursuant to this Agreement and with or without the express or implied invitation or permission of the 5ubrecipienf, yr when any such injury or damage is the result, proximate or remote, wholly or in part, of the violation by !n- demnitees, the 5ubrecipient or any of its agents, servants, em- ployees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any such injury yr damage may in any other way arise from or out of the use or occupancy of the facilities by lndemnltees, the 5ubre- cipient orany of !ts agents, servants, employees, contractors, patrons, guests, licensees, or invitees, including, but not limited to, the failure of the 5ubrecipient to maintain the Facilities. ~B} These Perms of indemnlficafivn 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 Indemnitees, but not if such injury or damage may resu!# from the gross negligence yr willful misconduct of Indemni#ees. {C} The 5ubrecipient covenants and agrees that, in case the Cify is made a party to any litigation against the Subreclplent or in any !i#iga#!on commenced by any party other than the 5ubrecipient re- lating to this Agreement, the 5ubrecipient shall, upon receipt of reasonable notice regarding commencement of litigation and at its own expense, investigate all claims and demands, attend to (heir settlement yr other disposition, defend the City in all actions Continuum of Care Agmt -Wesley Page 5 of 12 based thereon with legal counsel satisfactory tv the City Attorney, and pay a!l 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, yr judgments. (D} The indemnification prv~isions of this section survive the termina- tion ar expiration of Phis Agreement'. 4.B Subrecipient Contracts; Independent Contractor Status. In no event is the City liable far any contracts made by the Subrecipient with any person, partnership, firm, corparativn, 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 tv this Agreement that the Subrecipient is an independent con- tractorproviding the services on behalf of the City and that the Subrecipient may not incur any debts yr obligations on behalf of the City. SECTION 5. PROGRAM REQUIREMENTS 5.1 Matching Funds. [A} The Subrecipient shall match the CDC funding providing by the Gity with an amount of cash funds from sources other than COC funds. These matching funds must be provided after the date of the grant award tv the Subrecipient and the execution of this Agreement. Funds used to match a previous CDC grant may not be used to match a subsequent grant award under this Agreement. (B} The Subrecipient shalt request payment from the City an a cost-certified basis for only these 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 far payment. 5.2 Use as an Emergency Shelter. (A} Any building for which CDC funds are used by the Subrecipient for use as an emergency shelter for the homeless must be maintained as a shelter for the homeless far not less than athree-year period from the date of execution of this Agreement. ~B} Any building for which CDC funds are used for the provision of essential supportive housing services to the homeless or payment of maintenance, operation, insurance, utility, or furnishing costs must be maintained as a shelter for the homeless for the period during which such assistance is provided under this Agreement. A substitute site or shelter may be used during this period so long as the same general population is served. For purposes of this subsection, the term "same general population" means either the same types of homeless persons originally served with CDC funds [i.e., battered spouses, runaway children, families, or mentally ill individuals} or persons in the same geographic area. Continuum of Care Agmt -Wesley Page fi of 12 {C} Using CCC funds for developing and implementing homeless prevention services does not trigger any period of use requirements. 5.3 Building Standards. Any building for which CCC 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 5ubrecipient 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 atl~er Federal, State, local, and private aid that may be necessary to such individuals and families. SECTION 6. ADDITIgNAL FEDERAL REQUIREMENTS. 6.1 Nondiscrimination And Equal ~ppvrtuni#y. The 5ubrecipient shall compiy.with the following requirements: {A} The requirements of the Fair Housing Act, 42 United States Code {"U.S.C."} §3fi01-19, and implementing regulations at 24 CFR Part 100 et seq., as each may be amended; Executive Crder 11053, as amended by Executive Order 12259 {3 CFR, 1959-1963 Comp., p. fi52, and 3 CFR, 1980 Cvmp., 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 {42 U.S.C. §§2000d-2000d~}, 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 ^iscrimi- nativn Act of 1975 {42 U.S.C. §§fi101-07} and implementing regulations at 24 CFR Part 14fi, as each may be amended; and the prohibitions against discrimination against otherwise qualified individuals with disabilities under Section 504 of the Rehabilitation Act of 1973 {29 U.S.C. §794} and implementing regulations at 42 U.S.C. §12101 et seq., and 24 CFR Part 8, as each may be amended. Fvr 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 Crder 11246 and the supplemental regulations issued in 41 CFR Chapter B0, as each may be amended; {D} The requirements of Section 3 of the Housing and Urhan Development Act of 1988, 12 U.S.C. §1741 u, and implementing regulations at 24 CFR Part 135 and 24 CFR §570.807{b}, as each may be amended; {E} The requirements of Executive Orders 11625, as amended by Executive Orders 12047 {3 GFR, 1971-1975 Comp., p. fi16, and 3 CFR, 1977 Cvmp., 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 Continuum of Cage Agmt -Wesley Page 7 of 12 may be amended; and Executive Crder 12138, as amended by Executive Crder 12fi08 {3 CFR, 1977 Camp., p. 393, and 3 CFR, 1987 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- dures that a Subrecipient uses to make known the availability of such facilities and services are unlikely to reach persons with disabilities or persons of any particular race, color, religion, sex, age, or national origin within the Subrecipient's service area wh^ 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 adapt artd implement procedures designed tv make available to interested persons information concerning the existence and location for services and facilities that are accessible tv persons with disabilities. fi.2 Applicability of OMB Circulars. The Subrecipient shall comply with the policies, guidelines, and requirements that are applicable tv the use of CDC funds set forth in the Cade of Federal Regulations, in the United States office of Management and Budget ("FMB"} Circular No. A-122, and in all other ^MB circulars as each may relate tv 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. §§4$51-4856}, and the implementing regulations at 24 CFR Part 35, as each may be amended. {B} 1n 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, yr conversion activity under this Agreement; and {2} Appropriate action must be taken to protect shelter occupants from the hazards associated with lead-based paint abatement procedures. fi.4 Conflicts of Interest, In addition tv the conflict of interest provisions in ^MB Cir- culars A-102 and A-114, no person wh^ is an employee, agent, consultant, officer, ar elected or appointed official of the Subrecipient that receives CSC funds and who exer- cises ^r has exercised any functions ar respansibilitieswlth respect to assisted activi- ties, or who is in a position tv participate in adecision-making process, or why may gain inside information with regard to such activities may obtain a personal yr financial inter- est or benefit from the activity or have an interest in any contract, subcontract, or agree- mentwith respect thereto or business ties during his or her tenure and for one year thereafter. HUD may grant an exception to this exclusion, upon prior written approval, as provided in Z4 CFR §5$3.334, as amended. In the event the Subrecipient desires to obtain an exceptive to the exclusion from HUD, the Subrecipient must comply with 24 Continuum of Care Agmt -Wesley Page 8 of 12 CFR §583.334 and file a written application, containing full disclosure of the facts, with HUD and the Administrator of CDD. 6.5 lJse of Debarred, Suspended, or Ineligible Contractors. The provisions of 24 GFR Part Z4, 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.fi Coastal barriers. In accordance with the Coastal Barrier Resources Act, 16 U.S.C. §35x1, as amended, n^ CCC funds may be made available within the Coastal Barrier Resources System. fi.? 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 Part 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, Z9 CFR Part 3, as amended. fi.9 Contract Work Hours and Safety Standards Act. The Subrecipient shall comply with Sections 103 and 147 of the Contract Work Hours and Safety Standards Act, 4g 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 DMB Circular A-133, as set forth in 24 CFR Part 583, as amended. fi.11 Relocation and Acquisi#ion. Consistent with the other goo{sand objectives of this Agreement, the Subrecipient shall ensure that it has taken all reasonable steps tv minimize any displacement of persons as a result of a project assisted with CCC funds. SECTIQN 7. GENERAL PRGVI5ICNS. 7.1 Validity. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement is held invalid yr unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, sub- division, clause, phrase, word, or provision of this Agreement, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, phrase, word, and provision of this Agreement be given full farce and effect far its pur- pose. 7.2 Jurisdiction and Venue. The laws of the State of Texas govern and are appli- cable to any dispute arising under this Agreement. Venue is in Carpus Christi, Nueces County, Texas, where this Agreement was entered into and must be perFormed. 7.3 Nonexclusive Services. Nothing in this Agreement may be construed as prohibi- ting the Subrecipient from entering into contracts with additional parties for the perfor- mance of services similar ar identical to those enumerated in this Agreement, and Continuum ^f Care Agmt -Wesley Page 9 of 12 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. 7.4 Modifications. Modifications tv this Agreement are not effective unless signed by a duly authorized representative of each of the parties to this Agreement. Modifications which do not change the essential scope and purpose of this Agreement may be ap- praved 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 CaC Compliance Affidavit, which is attached to this Agreement as Exhibit C and is incorporated into this Agreement by reference. Any failure by the City to supply the Subrecipient with any other applicable laws, regulations, ordinances, rules, or policies not stated in Exhibit C does not waive the Subrecipient's compliance there- with as required by law. 7.fi Disclosure of Interes#. Incompliance with Section 2-349 of the City's Cvde of ordinances, the Subrecipient shall complete the City's Disclosure of fnferesfs form, which is attached to this Agreement as Exhibit D, the contents of which, as a completed Term, are incorporated in this document by reference as if fully set out in this Agreement. T.7 CertiFcatian Regarding Lobbying. Subrecipient shall complete the Certification Regarding Lobbying form, which is attached to this Agreement as Exhibit E, the con- tents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. {ExECLJTI~N PAGES FOLLGWj Continuum of Care Agent -Wesley Page 1D of 12 Executed in duplicate originals this ~~ _ day of , 2fl 1 Q. ATTE5T: Armando Chapa City Secretary Apprfl~ed as to form: ~, 2Q1 Q Eliz b th R. Hundle Assi ant City Attorney for the City Attorney CITY DF C4RPUS CHRISTI 'A el .Escobar City Manager rQ~' _ ~ ~ ~ ~IUTHORiZt~ ~ ~~~~~ . ~ 5~~5~ ti ~~ ~~ ACKN~WLE~GMENT STATE aF TEXAS ~ ~ ItN4W ALL BY THESE PRESENTS: COUNTY DF NUECES ~ This instrument was acknowledged before me on , 2D1 Q, by `Angel R. Escobar, City Manager of the City of Corpus Christi, exas municipal home- rule corporation, an behalf of the corporation. „ ,~ ~ cur ~a+atr~ora • ~ MY COMtil18Si0N E1fPIH£5 Yk,; ~ Sepleni6er24, a6i~ Notary Public State of xas Continuum of Care Agmt -Wesley Page 11 of 12 SUBRECIPIENT: WESLEY CQMMUNITY CENTER, RgBST~WN, TEXAS Signature J~-~ / (7 ^ate I~l~~ ~~~ C~a.~wl~~!~~-y ~•~ Printed Name ~aCEG~TI t1~ ~~~2.~~-To ~ Title ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: CGUNTY GF NUECES § T is instru ant was acknowledged before me on `J , 2a1 ~, by in hislher capacity as the of Wesley Community Ce ter, Rvbstvwn, Texas, a Texas non-profit corporation, on hehaif of the corporation. ~a~. ~ "Y ~z IAURISA iYNH ~'~~~' ' a ~"~y: • $ 9RI{lll( Notary Au~ltc, State of Texas MY Commission e ~ ~ ~ „ xpires March Q!, 2af i Continuum of Care Agmt -Wesley Page 12 of 12 Applicant: City of Carpus Christi Project: TX-5Q7 - Ren -Wesley Community Cenker Child Care TX-5l7'i TXQt32$B6JQ1Q8Q2 Grant Number: TX0028B8J010802 Award Amount: $134,971 Recipient: City of Cvr#~us Christi, 1201 Leopard S#ree#, Corpus Christi, Texas 7$401 Tax ID#: 74fi000574 Project Name: TX-501 - Ren -Wesley Community Center Child Care Component Type: 5S0 Official Contact Person: Mr. Eddie Ortega, Director of Neighborhood Services Email Address: eddieaQcc#exas.cvm Phone: {3fi1j 82fi-3234 Fax: {361 j 825-3011 2009 5UPPORTIVE HOUSING PROGRAM RENEWAL GRANT AGREEMENT This Grant Agree4~nent is made by and between the United States Department of Hauling and Urban Development {HUDy and the Recipient, which is described in section 1 of Attachment A, attached hereto and made a part hereof. EXHIBIT Consolidated Grant Agreement Page 1 (]31i7812D1a Appltcar~4: City of Carpus Christi Project: Tx-501 - Ren -Wesley Community Center Child Care T?C-501 T}C4428BfiJ010842 The assistance which is the subject of this Grant Agreement is authorized by the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11381 {hereafter'th® Act'}. The term 'grant' or'grant funds' means the assistance provided under this Agg~ regiment. This grant agreement will be governed by the Act, the Supportive Housing rule codified at 24 CFR 583, which is attached hereto and made a part hereof as Attachment B, and the Notice of Funding Availability {NOFA} that was published in two parts. The first part was the Policy Requirements and General 5ectivn of the NOFA, which was published December 29, 208 at 73 FR 79548, and the second part was the Continuum of Care Homeless Assistance Programs NOFA Section of the NOFA, which is located at http:llwww.hud.gor-Ivfficesladmlgrantslnvfaa9lcocsec.pdf. The term 'Application' means the original and renewal application submissions vn the basis of which a Grant was approved by HUD, including the certifications and assurances and any information or documentation required to meet any gran# award conditions. The Application is incorporated herein as part of this Agreement, however, in the even# of conflict between the provisions of those documents and any provision contained herein, this Renewal Grant Agreement shall control. The Secretary agrees, subject to the terms of the Grant Agreement, tv provide the grant funds in the amvun# specified at section 2 of Attachment A for the approved project described in the Application. The Recipient agrees, subject to the terms of the Grant Agreement, to use the grant funds for eligible activities during the grant term specified at section 3 of Attachment A. The Recipient must provide a a5 percent cash match for supportive serviC@S. The Recipient agrees tv comply with all requirements of this Grant Agreement and to accept respansibili#y for such compliance by any entities tv which it makes grant funds available. The Recipient agrees to participate in a local I~lomeless IVlanagernent Information System {HMIs] when implemented. The Recipient and project sponsor, if any, will not knowingly allow illegal activities in any unit assisted with grant funds. The Recipient agrees to draw gran# funds at least quarterly. HUD notifications tv the Recipient shall be to the address of the Recipient as written abode, unless HUD is otherwise advised in writing. Recipient notifications tv HUD shall be tv the HUD Field Office executing the Grant Agreement. Na right, benefit, or advantage of the Recipien# hereunder be assigned without prior written approval of HUD. Consolidated Grant Agreement Page 2 031481201^ Applicant: City Qf Corpus Christi T7C-504 Praj®c4: TX-5D4 - Ren -Wesley Community Center Child Care Tx002$BBJ04D$02 For any project funded by this grant, which is also financed through the use of the Low Income Housing Tax Credit, the following applies: HUD recognizes that the Recipient or the project sponsor will or has financed this project through the use of the Lvw-Income Housing Tax Credit. The Recipient yr project spvnsvr shall be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilitation or construction, then, throughou# a period of twenty years from the date of initial occupancy or the initia# service provision, the Recipient yr project spvnsvr shall continue as general partner and shall ensure tha# the project is operated in accordance wi#h the requirements of thls Grant Agreement, the applicable regulations and statutes. Further, the said Itmi#ed partnership shall own the project site throughout that twenty-year period. If grant funds were not used for acquisition, rehabilitation or new construction, then the period shall nat be twenty years, but shall be for the term of the grant agreement and any renewal thereof. Failure to comply with the terms of this paragraph shalt constitute a default under the Gran# Agreement. A default shalt consist of any use of grant funds for a purpose other than as authorized by #his Grant Agreement, failure in the Recipient's duty tv prv~ide the suppvrti~e housing for the minimum term in accordance with the requirements of Attachment A, noncompliance with the Act or Attachmen# A provisions, any other materiat breach of the Grant Agreement, yr misrepresentations in the application submissions which, if known by HUD, would have resulted in this grant not being provided. Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following actions: {a} direct the Recipient to submit progress schedules for completing apprv~ed activities; or {b} issue a letter of warning advising the Recipient of the default, establishing a date by which cvrrecti~e actions must be completed and putting the Recipient on notice that more serious actions will be taken if the default is not corrected or is repeated; yr {c} direct the Recipient to establish and maintain a management plan that assigns responsibilities far carrying out remedial actions; yr {d} direct the Recipien# tv suspend, discon#inue or not incur cysts for the affected activity; or Consolidated Grant Agreement Page 3 a31D812D40 Applicant: City of Corpus Christi TX-501 Project: TX-501 - Ren -Wesley Camrnunity Center Child Care Tx002$13BJ010802 {e} reduce or recapture the grant; or {f} direct the Recipient tv reimburse the program accounts far cysts inappropriately charged to the program; or {g} continue the grant with a substitute recipient of HUD's choosing; yr {h} other appropriate action including, but not limited to, any remedial action legally available, such as afl:frmati~e litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. Nv delay or omission by HUD in exercising any right ar remedy available tv it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. Far each operating year in which funding is received, the Recipient shall file annual certifications wi#h HUD that the suppvrti~e housing has been pra--ided in accordance with the requirements of the Grant Agreement. This Grant Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. More specifically, the Recipient shall not change recipients, location, services, or population to be served nor shift mare #han 10 percent of funds from one approved type of eligible acti~i#y to another, or make any other significant change, without the prior written approval of HUD. Cpnsalidated Grant Agreement Page q 03JU812010 Applicant: City of Corpus Christi Project: TX-5Q1 - Ren -Wesley Community Center Chiid Care TX-561 TxD028B6J01Q8Q2 SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development ey: ~ ~~ Richard L. Lopez Print name of s~gnatary Acting CPD Director Title RECIPIENT City of Corpus Christi Name o rganization ~y: 2- Au razed ignature and ^ Eddie Ortega Print name of Signatory Director of Neighborhood Services Consolidated Grant Agreement Page 5 1731Q812t71Q Applicant: City of Corpus Christi P-oject: TX-5U1 - Ren -Wesley Community Center Child Care rx-~o~ 7Xag28B6Jty9U802 ATTACHMENT A 1. The recipient is City of Corpus Christi. Z. HUD's total fund obligation for this project is $134,971, which shall be allocated as follows: Leasing $0 5upporti~e services $1$,544 operating costs $~ HMIS $Q Administra#ivn $6,42T 3. Although this agreement will become effective only upon the execution hereof by both parties, upon execution, the term of this agreement shall run from the end of the Recipient's final operating year under the original Grant Agreement or, if the original Grant Agreement was amended to extend its term, the #erm of this agreement shall run #rvm the end of the ex#ensivn of the original Grant Agreement term for a period of ~2 months. Eligible costs, as defined by the Act and Attachmen# B, incurred between the end of Recipient's final operating year under the vriginaf Grant Agreement, ar extension thereof, and the execution of this Renewal Grant Agreement may be paid with funds from the first operating year of this Renewal Grant. Consolidated Grant Agreement Page fi 0314$120'E~ Ofc. of Asst. Secy., Comm. P€ann€ng, 17eve€vp., HUO :x83.5 Definitions. § 583.1 Subpart B-Assistance Prov€ded 58:3.100 'I~~ises and usrss of assLstsnce. 583.105 Grans irrr acrlulsition anti rehabili- tati on. 583.110 Grant~5 for new construction. 583.115 Grants far leasing. 583.120 Grantf: for suppartl~ a servic[s cost`s. 583.125 Grants for upeeat1~Ig costs. 583.I3D L'vmmitmetlt- of grant amounts for leaeinK, supportive selwlees. and eper- ating cvs~s. 583.135 Arllninl~;tratlve costs. 583.140 Technical assistance. 583.145 Mate:lling requirements. 583.154 LlmStatlans on use o£ assistance. 583.15.5 Cvnsal3dated plan. 5ubpad ~A~licoF€vn and Grant Award Process 583,200 Application anri grant award. 58.3,230 Environmental review. 583,235 Renewal grants. 5ubpdrt D-Program Requirements 583.3U0 General operation. 583.305 Term of commitment; repayment of grants; prevention of undue l~enefita. 583.310 Displacement, relocation, and acgni- s3tion. 583.315 Resident rent. 583.320 Site aont•rol. 583.3x5 Nondiscrin;inativn and etlual n[~pUr- tunity requirements. 583.330 Applicability o€ other Federal re- quirements. 5uispart E--~Adm€nishation 583.400 Grant agreement. 583.405 Program changes. 583.410 []hligaticn and deohllgation of funds. AlI'rI30RIT1: 42 LT.S.C. 51389 and 3535{d}, SdURC&: 5$ FR 13871, bier. 15, 1993, unless otherwise ~ICte0. 5uhpprt A-General PART 583-SUPPORTIVE HOU5ING PRQGRAM Subpart A~,enerai Ser.. 583.1 Purpose znd :;vvpc. 583.1 Purpose and scope. ca) General, '1'lle Supportive Housing Program is attthorlxed hF title 1V of the Stewart B. McK3nney Homeless As- sistRnce Aet [the i4ioKinney Act) [42 U.S.C. 11381-] 1389). The Supportive Housing program is designed to pra- mvte thg development ^f stlppot•tive housing and supportive services, in- cluding innovative approaches to assist hwneless persons in the transition From 1lonrelessness, attd to pronlote the z51 § 583.5 prpvisio77 of supportive hauling tv homeless persons to enable them to live as independently as possible. (b} Carr[yrurrerrts. Funds u77der this part nlay l)e used for: [1) Transitional housing to facilitate the movement of homeless individuals and families to permanent hauling; (2} Permanent housing that provides long-term housing for hvmeiess persons with disabilities; (3? Housing that is, or is part of, a particularly innovative project for, or alternative methods of, meeting the itnmediate and long-term nee[is of homeless persons; or (4} Supportive services fol• homeless persons not provided in conjunction with supportive housing. [58 Fll 13871. bier. 15. i993, :~ amended at 61 FFl 51175. Sept. 3Q. 19961 ~ 5$3.5 Definitions. As used in this part: ,1pplicuuL is defined in section 422{11 of the McKinney Act (42 U.S.C. ]1382{1}]. For purposes of this [lefini- tiou, governn7ental entities include those that have general governmental powers (such as a city vi• County}, as well as those that have ]united or spe- cial powers [such as public housing agencies}. Consa2idrated plan means the plan that a jurisdiction prepares and submits tv HUD in accordance with 24 CFH. part 91. ]Jale of i~rieia] occupancy means the date that the supportive horsing is ini- tially occupied $y a homeless lrerson for wham HUD provides assistance ut7[ler this part. if the assistance is Far an existing homeless facility. the [fate of iraitirri occuparrc~ is the date that services are first provided to the 1'esi- dents of supportive housing with fund- iil~ under this part. ^ate of initial sertlice prni~isinn means the date that Rlipp[]7't1VP, services are initially provided with funds under this Dart tc homeless persons why [lc not reside in supportive housing. This defi- nition applies only to projects funde[i under this part that do not provide sup- ]lortive horsing. Disabili[y is [lefined in section 422(2) of the MrKiiiney Act [42 U.S.C. 11382{2}}. 24 CFR Ch. V (4-1-09 ]:drtlon) Homeless person means an individual vl• family that is described in section 103 of the McKinney Act (42 U.S.C. 11302). ;Yfetrapoli[ara citJ is defined in section 102[a)(4} ^f the Housing and Cvmmu- l7ity Development Act of 1379 r42 i1.S.C. 5302[a)(9)). 7n general, rneti•opolitan cit- ies are those cities that are eligible for an entitlement grant under 24 C;F1Z part 570, subpart D. ?I'ezc cunslrtrctior:. means the building of a structure whel•e none existed or an addition to an existing structure that increases the floor area by more than 100 percent. []]reraling cnstc is defined in section 422{51 of the Mcliini7ey Act {42 U.S.C. 11382(b]}. OreLpaEiera[ health services is defined in section 422(6) of the Mcl~iin7ey Act (42 LT.S.C. 11382[6} 1, Perrnaracni ha[rsiraq Jor horr:eless persons [nilh disubiEities is defined in section 924(c] ^f the hiCKinney Act {42 U.S.C. 11389(C]}, Primate nanprollt grgreni'ati0rL is de- fined in section 422{7] [A], (]3}, and (D1 of the McKinney Act {•12 U.S.C. 11382[7} {A}, (]3), and (D]). The organization must also have a illnctloning account- ing system that is operated in accord- atlce with generally accepted acCOUnt- ing principles, or designate an entity that will maintain a fltnctinning aC- cuuiiting system for the organization in accordance with generally aC[:epteri accounting principles, Project is defined in sections 422[81 and 424id] of the Mcliiniiey Act (~12 U,S.C. ]1382($), 11389[d11. Recipient is defined in section 422(9) of the MaKiniiey Act (42 U.S.C. 11382(911. Rehrr6ilfta[tan means the improve- ment or repair of an existing structure yr an addition to an existing structure that does not increase the floor area by nlvre than 100 percent. ]2,ehahilitation dues not include minor or routine re- pairs. State is [lefined in section 422[11} of the McIinney Act [42 U.S.C. 11382[11}). Slcppvrtive ]accusing is riefllled in seC- tivi7 424[a) of the McKinney Act (•i2 U.S.C. 11384(a]}, Strpportit*e services is defined in sec- tion 425 of the McKinney Act (42 U.S.C. 11385}. 252 Qfc. of Asst. Secy., Cnmm. Planning, De~elvp., Hl1d 7"r•azls~tiorsrat hntrsir:g is defined in sec- tion 924(b) of fire lvlcxlnney Act f4$ U.S.C. 11384cb1). See also §583.300[j1. ?'ri6e is defined in section l02 of the Housing and Community Development Act of k979 (42 U.S.C. 5342]. UrBan courr[p is defined in sectioll 102(a}fs] of the Housing and Cammu- llity Development Act of 1974 {42 U.S.C. 53t)2fa)[6)). In genel•al. urban counties are those counties that are eligible for an entitlemellt grant under 24 CFIi. Bart 570, subpart D. [B1 FR 51175. Srspt. 30, 1996] Subpart B--Assisfance Pra~idrad 8583.1di7 Types and uses of asaistanee. ra) Grant ressisfance. Assistance in the form of grants is available far acquisi- tioll of structures, rehabilitation of structures. acquisition and rehabilita- tion of struotures, new construction, leasing. operating costs for supportive housing, and supportive services, as de- scribed in §§583.105 through 583.125. Ap- plicants may apply for more than one type of assistance. rb) Uses aj pram assistance. Grallt as- sistance lnay be used tv: {1] Establish new supportive housing facilities ar new facilities to provide supportive services; (2) Expand existing facilities in order to increase the number of homeless persons serve[i; [3] Bring existing facilities up to a level that meets State a11d local gov- ernment llealth and safety standards; {4) Provide additianai supportive services For residents of supportive housitlg ar for homeless persons not re- siding insupportive housing; {5} Purchase HUD-awned single fam- ily pl•operties currently leased by the applicant for use as a homeless facility under 29 CFR part 291; and {fi] Continue funding supportive hous- ing where the recipient has received funding ender this part for leasing, supportive services, or operating costs. (el Structures zrsect far' rnrtTtipTe pur- poses. Structures used to provide sup- portive housing or supportive services tnay also be used for other purposes. except that assistance under this part will he available only in proportion to the use of the structure for supportive housing ar supportive services. § 553.110 fcl) T'echrticred rissisturrce. IiUD may offer technical assistance, as described itl §583.140. [58 FR 13041, liar. 15. 1993. a-s amPndeci at 59 FR 3G091..IuIY l9. 19411 §583.1(15 Grants for acquisition and rehahilitatlon. !a) Use. HUD will grant funds tv re- cipients to: {1) Pay a portion of the cost of the acquisition of real properly selected by the recipients far use in the provision of supportive housing or supportive services, including the repayment of any outstanding debt on a loan made to purchase property that has not been used previvnsly as suppvrti~e housing nr far supportive services: f2) Pay a portion of the cost of 1•eha- bilitation of stt•uatures, including cost- effective energy measures, selected by the recipients tQ provide supportive housing yr supportive services; or (3} Pay a portion of the cast of acqui- sition ansl rellabflitativn of structures, as described in paragraphs ra1f1] and f2) of this section. [h) .irnnurrf. The maximum grant available for acquisition, 1•ehabilita- tion, or acquisition and rehabilitation is the lower vf: [1) 5200,[1t10; or f2} The total cost of the acgtlisitian, rehabilitation, or acquisition and reha- bilitation minus the applicant's con- tribution toward the cost. [c] lncrerzsed urnaunls. In areas deter- mined by FIUD tv have high acquisition and rehabilitation costs, grants of more than Sz00,000, lout not more than 5400,fl00, may be available. # 583.11U Grants far new construction. {a] Use. HUD will grant funds to re- cipients tv pay a portion of the cast of new construction, including cost-effec- tive energy measures and the cost of land associated with that eonstructivn, for use in Glle provision of supportive housing. If the grant funds are used for new construction, the applicant must demonstrate that the costs associated with ]lew construction are substan- tially less than the posts associated with rehabilitation or that there is a lank of available appropriate units that could be rehabilitated at a cast less than new construction. x'or purposes of 253 §583.115 this cost conlpak•ison. costs associat•ecl with t•ehahilitation ar new construc- tion may include the cost of weal prop- erty acquisition. [b] rlmoient. The maximum grant available far new construction is the lower af: (1} 3`100.0[10; or [2] 'rile total cost of the stew con- struction, including the cost of land as- sociated with that construction, minus the applicant's eontt'ibution toward ilia cost of same. § 583.115 Grants for leasing. (a} General. HUD will provide grants to pay tae tiesr•1•ihed in §583.130 of this part] for the actual costs of leasing a structure or structul•es, or portions thereof. used to prrovide sttppvrtive hottsing or supportive services for up tv five years. {p}{1] Leasing structures. Where grants al•e used to pay rent far all or part of structures, the rent paid must be rea- sonable in relation tv rents being charged in the area for comparable space. In addition, the rent pai[1 racy not exceed rents currently being charged by the same owner for cvm- pa,rable spade. [21 teusi~in i~zdit~idual units. Where grants are used to pay rent for indi- vidual housing units, the rent paid must be reasonable in relation tc rents being ctkarged for comparable units. taking into account the location, size. type, quality, amenities, facilities, and tnanagement services. In addltioll. the rents may not exceed rents Currently beirllf charged by the same owner for cvntparable unassisted units, and the portion of rent$ paid with grant funds may not exceed HUD-determined fair market rents. lLeciplellts may use grant funds in an amount up to one month's rent to pay the non-recipient landtard for any damages to leased units by homeless participants• 158 FR 138'11. Mar. 15, 199€3. as amended at 59 F'R 36891, July 18. 1994] 24 CFR Ch. V (4-1-04 Edition) services may be provided directly }1Y the recipient or by arrangement wiGll public yr pl•ivate service provi[lers. (b) Supportfz~e services casts. Cvstti as- svciated with providing supportive services include salaries paid to pro- viders of supportive services and :3,Lty other cysts directly associated with providing such scrvices. Fora transi- tional housing project. supportive sel'v- ices costs also include the costs of serv- ices provided to former residents ^f transitional housing to assist their ad- justntent tv independent living. Such services may be provided For up to six months after they leave ilia 11•ansi- tivnal hottsing facility. 158 H R 131371, Aiar. 15, 1993, as amended at 59 FR 36591. Jule 19. 19941 ~ 585.125 Grants far operating costa. fa) General. HUf] will provide grants to pay a portion {as described in § 583.130} of the actual operating costs of supportive housing for ttp to Five years. [h} Dperati~ag casts. pperating costs at'e those associated with the day-ty- clay aperatien of Glte supportive hous- ing. 'Phey also include the actual ex- penses that a recipient incurs for con- ducting on-going assessments of the suppvrt•ive services needed by residents and rite availability of such services; relocation assistance under §583.310, ln- clttding payments and setwices; and in- surance. [c} Recipient match regtirement jor op- eratiu~ costs. Assistance for operating casts wilt be available for up to Z5 per- cent of the total cost in each year of t31e grant Gel•nt. Tile recipient must gay the percentage of the actual operating casts not funded 11y HUD. At the end of each operating year, the recipient must demonstrate that it has met its match requirement of the costs for that year [58 FR 13871. Afar. 15. 1893. as amended at 61 F'R 51175, Sept. 3[Y, 19Afi: G5 FR 30823. biay 12, 20001 fi 583,130 Commitment of grant amounts for teasing, supportive sexwieea, and operating costa. Upon execution of a grant agreement covering assistanee for leasing, sup- partive services, or operating costs, HUD will obligate amounts Far a period not to exceed five operating years. The ~ 583.120 Giants for supportive serv- ices costs. (a} General. HUD will provide rants to pay {as described in §583.130 of this part) for the actual costs of supportive services for homeless persons for up to five years. All or part of the supportive 254 Ofc. of Asst. 5ecy., Camm. Planning, De~elap., HIJQ Lotal amount obligated will be equal to atl amcfunt necessary fnr the specified years of operation, less the recipient's share of operating costs. !Approved by the ^fFice of RianaFtement and Budget under ^MB cantml number 9.,SOrr0112) l59 FR 36891. Silly 19. 1991] § 585. i3b Administrative costs. (a] Ge~aeral. Up to five percent of any grant awarded under this part may lae used for the purpose of paying costs of administering the assistance. fb) .9d~rinistrative rusts. Administra- tive costs include the costs associated with accounting for the use of grant funds, preparing reports for submission to HUB, obtaining program audits, similar costs related tv administering the grant after ills award, and staff sal- al•ies associated with these administt•a- tiva costs. They dv not include the costs of carrying out eligible activities nndet• §§583.105 through 583.12b. [58 FR 13871, lls[u•, 15. 1993. as amaude[l at 61 FR 51175, 5egt. 3U, 1998] § 683.140 Technical assistance. lal Gc~lerral. HUD may set aside funds annually tv provide technical assist- ance, either directly by HUD staff or in[lirectly through third-party pro- viders, for any supportive housing project. This technical assistance is for the purpose of promoting the develop- ment of supportive housing and sup- portive services as part of a continuum of cal•e approach, illclucling innovative approaches to assist homeless persons in the transition from homelessness, and promoting the provision of sup- portive housing to homeless persons tp enable them to live Rs independently as possible. [b] Uses aj leclanicral assistance. HUD may use these fltnds to provide tech- nical assistance to prospective appli- cants, applicants, recipients, ar other providers of supportive housing or ser[~- ices for homeless persc)ns, far sup- portive housing projects. The assist- ance may include, but is prat limited tv, written informatlvn such as papers, monographs, manuals, guides, and bro- chures; person-to-person exchanges; and trainitlg and related cost4. (c] SelecLian of provfo[ers. From time to time, as HUD determines the need, § 583.154 HUD may advertise and camlretitively select providers to deliver technical as- sistance. HUD may enter into con- tracts, grants, or cooperative agree- ments, when necessary, tv implement the technical assistance. [59 FR 3fi6fl2, Suly 19. 1994] #588.1•i5 Matching requirements. [a] General. The recipient must match the funds provided by HUD for !;rants for acquisition, rehabilitatlvn, and new construction with an equal amount of funds from other sources. (1]] ~a$it resources. 'Phe matclling funds must be cash resources provided to the project by one yr more of the following: the recipient, the F`e[lel•al government, State and local govern- ments, and private resources, in ac- cordance with 42 U.S.C. 11386. This statute provides that a recipient may use fonds from any source, inc•]uding any other Federal source [hut exclud- ing the specific statutoe•y subtitle frp~n which Snppartive Housing Program funds are procidedl, as well as State. Local. and private sources, provided that funds from the other source are not statutorily prohibited to be use[i as a match. It is t•lle resgvnsibility of the recipient. to ensure that any feuds used to satisfy the matclling requirements of this section are eligible under the laws governing the funds to be used as matching funds for a grant awarded under this program. [c3 Ma[~~tenanre aj effort. State ot• local government funds used in the ulatch111g cvntribul:ion are subject tv the maintenance of effort requirements described at § 583.150{a). {;>g FR 13671, hfar. 15, 1998, as amender] at 73 FR 75326, Ilec. Il, 2U08] § 5$3.160 Limitations on use of assist- ance. {a] Matnleiturrce of ejjarl. Nv assist- ance provided under this part 3or ally :3tate or local government funds use[! to supplement this assistance) !nay be used to replace State or local hinds previously used, or designated far use, tv assist homeless persons. (b] Faitia-based ar•1[vities. (1] Organiza- tions that are religious or faitlrbased are eligible, on ills same basis as any other organisation, to participate in 255 § 583.155 the Supportive Housing Program. PIei- ther the Federal government nor a State or local government receiving Hinds under Supportive Housing prn- grains shall discriminate against an or- ganization on the basis of the arga-niaa- tion`s religious character yr affiliation. {g) prganiaations Ghat are directly funded under Ghe Supportive Housing Program nlay not engage in inherently religious activities, su[:h as worship, religious instruction, or prvselvt•iaa- tion as part of the programs or services funde[i under this part. If an organiza- tion conducts such activities, the ac- tivities must be offered separately, in time ^r location, from the programs yr services funded under this part, and participation must be voluntary for the beneficiaries of the HUD-funded pa'o- grams or services. (3) A religious organization that par- ticipates in the Supportive Housing Program will retain its independence from Federal, State, anti local govern- ments, and may continue to c-arry out its mission, including the definition, practice, and expression aF its religious beliefs. prvvide[l t•laat it does not use di- rect Supportive Housing Program funds to support any inherently reli- gious activities, such as warship, reli- gious instruction, nr pa•vsely tizativn. Among other things, faith-based orga- nizations may use space in their facili- ties to provide Supportive Housing Program-funded services, v<ithout re- moving religions art, Loons, scriptures, ar other religious symbols. Ito addition. a Supportive Housing Program-funded religious organization retains its au- thority over its internal governance, and it may retain religious terms in its or'ganization's name, select its hoard members on a religious basis, aaad in- clude religious references in its orgaaai- zation's mission statements and other governing documents. (9) Aaa organization that participates in the Supportive Housing Program shall oat, in providing program assist- ance, discriminate against a program beneficiary yr prospective program beneficiary on Ghe basis of religion ar religious belief. t5) Program funds may not be used far the acquisition, construction, or re- habilitation of structures to the extent that those structures are used for lai- 24 CFR Ch. V (4-1-09 Edition) herently religious activities. Program funds may he used for the acquisition, construction, yr rehabilitat•iota of structures oealy to the extent that• those structures are use[l for con- ducting eligible activities under this part. ~Vltere a sCructure is used for both eligible said inherently religious activi- ties, program funds may not exceed the cost of those portions ^f the acquisi- tion, construction, or rehabilitation that are attributable tv eligible activi- ties in accordance with the cost ac- counting requirements applicable to Supportive Housing Program funds in this part. ,Sanctuaries, chapels, ar ether rooms that a Supportive Housing Program-funded religious congregation uses as its principal place of warship, however. are ineligible for Supportive Housing Program-funded improve- ments. I7ispasition of real property after the term of the grant, or any change in use of the property during the term of the grant, is subject to gov- ernment-wide regulations governing real property disposition (see 2~ CFR parts 84 and 85). (6) If a State ar local government vol- untarily contributes its awn funds to supplement fe[lerally funded activities, the State ar local government has the option to segregate the Feden•al Hands [ir commingle them. Howevea•, if the funds are cvmminglecl, this section ap- plies to all of the commingled funds. (c] 1'urticiparat cn:7trat ajsite. Where an applicant does not propose to have con- trol of a site or sites lout rather pa•o- pases to assist a homeless family or in- dividual in obtaining a lease. which may include assistance with rent pay- ments and receiving' supportive serv- ices, after which dine the family ar in- dividual remains in the same housing without Further assistance under this part. Ghat applicant• may not request assistance far acquisition, rehahilita- t•ion, or new construction. [58 FR 13871, itiiaa•. 15, 1993. as amended at 59 FR 36892. Jury 19. 1993: 68 FR 58<i07, :rcpt. 3U. 2U091 § 585.186 Consolidated plan. (a] :lppticut~ts [loaf are States or- tcratts pj ge~~eaad d~ca[ poverxrnent. The appli- caaat must have a HLTU-approved com- piete or abbreviated consolidated plan, in accordance with 24 CFR part 91, and 256 Pfc. of Asst. Secy., Camm. Planning, De~elap., HUD must submit a certification that the application fvr f~tltdirlg is consistent with the HUD-appravecl consolidated plait. Funded applicants must certify in a gt•ant agreelnent that they are fol- lowing the HUD-approvedi consolidated plan. {b] .atutn[icarats [hat at-e not Slates ^r un#[s of general 2aca[ govertlriaevlt. The applicant mnst submit a certification by the jueisdiction in which the pro- posed project will be located that the applicant's application for funding is avnsisteltt with the jurisdiction's HUD- approved consolidated plan. The cer- tification must be made by the unit of general local govet•nment yr the State, in aveardance with the consistency cet•- tiflcation provisions of the consoli- dated plait regulations, 2d CFR part 91, snhpart F. (c) Ind#ara tribes aarc[ the Irieu[ar Areas nj Guam. the U.S. 1•'[rrr[n Istaracts, .~1mer- [catt Samoa, rrnd [Ile Nor[Itern eblar#arue IsLaiaris. These entities are not required to have a consvliciated plan or tv make consolidated plan certifications. An ap- plication by an Indian tribe vt• other applicant for a prvje[:t that will be lc- cated vn a reservation of an Indian tribe will not require a certification by the tribe or the State. I-Iowever. whet•e an Indian tribe ix the applicant far a project that will not be located vn a reservation, the requirement fora cer- tification under paragraph (b] of this section will apply. t[i] T#rtttrag qj cnnsv[idated ptart csrtiji- callort sarDmiss#nns. Unless otherwise set forth in the NgFA, the required certifl- cation that the application for 1Yzndiltg is consistent with the HUD-approved consolidated plan must be submitted by the fwtding application submission deadline announced in the NOFA. [GO FR 16390, hiar. 30, 1995] Subpart C-Application and Grant Award Process # 585.200 Application and grant award. When funds are made available far assistance, HUD will publish a ttotive of funding availability (NOFA] in the FEL7L+RAL RL+C[IS'i'EH, in accordance with the requirements of 24 CFR part 9. HUD will review altd svi~eeu applicatians in accordance with the requirements in §583.230 section 42B of the hicKilmey Act [42 U.B.C. 1138fi1 and the guidelines, rating criteria, and procedures published ill the NflFA. [6k FR 51176, Sept. 90, 1996] $83.230 Enviroamental review. ta} Activities under this part are sub- ject tv HUD environmental regulations in part 58 of this title, except that 1lUD will perform an environmental review in accordance with part 50 of this ti€le prior tv its approval of any condi- tionally selected applicatians fvr Fis- cal fear 2[H}D an[i prier ,years that were received directly from pl•ivate lton- profit entities and governmental eltti- ties with special yr limited purpose ppwet•s, Fpr activities under a grant that generally would kre subject tv re- view under part 58, HUD may make a finding in accordance with § 58.11(d) and may itself perfortn the environmental review under the provisions of part 50 of this title if the recipient objects in writing tv the responsible entity's per- forming the review under part 58. Il•re- spective of whether the responsible en- tity in accord with part 58 for HUD in accol•cl with part 5D) pel•fot•tns the ettvi- rnnmental review, the recipient shall supply all available, relevant infornta- tiatt necessary for the responsible enti- ty {or HUD, if applicable] to pelfor•ln fvr each property any euvirflnment•a.I review required by this part. The re- cipient also shall carry out mitigating measures required by t11e responsible entity {or HUD, if applicable ~ yr select alternate elig#ble property. HUD may eliminate from consideration any ap- plication that would re[iuire an Envi- ronmental Impact Statement [EIS). (b) The recipient, its project pal•tnets and their cvntt•actors may not acquire. rehabilitate, convert. lease, repair, dis- pose of, demolish ar construct property Cor a project under this part, or cony mil ar expend HUD or local funds far such eligible activities tinder this part, until the responsible entity (as defined in §58.2 of t•ltis title] has completed the environmental review procedures re- quired by part 58 and the envir~n- mental certification a.ltd Rii,(]F bare been approved or HUI] has performed an environmental review under part 50 and the recipient ltas received HUD ap- proval of the property. HUD will not 257 § 583.235 release grant funds if the recipient or any other part] commits Brant funds ci.e., incurs any costs or expenditures tv he paid yr reimmursecl with such funds] before the recipient summits and HUD apprpves its RROF [-vllere such submission is required). [GB FR 56131, Sept. '~'9, 2006] ?t 683.23b Renewal grants. ra] Ceueraf. Grants made ulldel• this part, and grants made midst subtitles C acid D [the Supportive Housing Dem- pnstratipn and SAFAH, respectively) of the Stewart B. Mcliinney Homeless As- sistance Act as in effect before October 28, 1992, may be renewed on a nou- competttive basis to continue ongoing leasing, opcrativns, and supportive services fpr additional yea-rs beyond the initial funding period. To be con- sidered for renewal funding for lexsillg. operating costs, or supportive services. recipients must su}>mit a request for such funding in the form specified my HUD, must meet the requirements of this part, and must summit requests within Lhe time period established by HUD. (m) ~issistnnce rasaitu6fe. mhe first re- newal will be for a period of time not to exceed 'the difference between the end of the initial funding period and ten pears from the date of initial occu- pancy or the date of initial service pre- vision, as applicable. Any subsequent renewal will be for a perled of time not to exceed five years. Assistance during Bash year of the renewal period, sum- ject to maintenance of effort require- ments under § 583.15U(a) may ile for: [1] Up to 50 percent of the actual op- erating and teasing casts in the final ,year of t•lte initial funding period: (2] Up to the amount of HUD assist- ance For supportive services in the final year of the initial fttndillg period; and (3l An allowance for cost increases. (cY IiUD review. [11 HUD will review the request for renewal and will evalu- ate the recipient's performanve in pre- vious years against the plans and goals established in file Lnitial application for assistance, as amended. HUD will approve the request• for renewal unless the recipient proposes to serve a popu- lation that is not homeless, or the ae- cipient has not shown adequate prvaress as evidenced by an unaccept- 24 CFR Ch. V (4--1-09 Edition) ably slow expenditure of funds, or the recipient has been unsuccessful in as- sisting participants in ac}tieving and maintaining independent living. In []e- termining the recipient's success in as- sisting participants Lo achieve and maintain independent living, consider- ation will be given to the level and type of problems of participants. For recipients with a poor reoord of suc- cess, HUD will also consider the recipi- ent's willingness to accept technical assistal~ce and to make changes sug- gested by technical assistance pro- viders. Qther factvt:s which will affect HUD's decision to approve a renewal request include the following: a con- tinuing history of inadequate financial management accounting practi[:es, in- dicativns of mismanagement an tits part of the recipient, a drastic reduc- tion in the population served my t•lle re- cipient, program changes made ley the recipient without prior HUD approval. and loss of project site. (2] HUD reserves the right to reject a request from any organization with an outstanding obligation to HUD that is in arrears or for which a payment schedule has not heel) agreed t•o, or whose response tv an audit finding is overdue or unsat•isfactvey. (3) HUD wilt notify the recipient in writing that the request has meen air proved or disapproved. (Approved by the Of1YCe of 1lianagpment ana Bualbet uudpr eouLrol numllrir 25p(r0112} Subpart U-Program Requirements § SR3.3llp [;Beata) operation. (a) ,State aa~d docre2 regzeiremerats. Each recipient of assistance under this part must provide housing or services that are in cvinl~llance with all appliaal~le State and local housing codes, licens- ing requirements, and any ether re- quiremellts in t•he jurisdietion in which the project is iocatecl regarding the condition of the structure and the op- eration pf Lhe housing or services. (b) Ha6ftabi2fty standards. Except for such variations as a;•e proposed lly the recipient and approved my HUD, sup- portive )lousing must meet the fol- lowing requirements: (1l Structure and rraaterieals. 'Phe struc- tures must he structurally sound so as not tv pose any threat to the health 258 Pfc. of Asst. Secy., Comm. Planning, De--elcp., HUD ansl safety of the occupants a.nd so as tv protect the residents from the ele- men ts. [2} Access. The housing must be acces- sible and capable of being utilised without unauthorized use of other pt•i- vate properties. Structures must pto- ~~icle alternate means of egress in case of fire. f3) Space and sccurify. Each resident must be afforded adequate space and security for themselves and their be- longings. Each resident must be pro- vicled an acceptable place to sleep. (9) lar[eriar rrir quudid~. Every room or space must be provided with natural or mechanical ventilation. Structures must 6e free of pollutants in the air at levels that threaten the health of resi- dents. {5} Lia[er stcpp[y. The -vater supply must be free from contamination, (6} S'aa+i[ary jari[tttes. Residents must have access to sufficient sanitary fa- cilities that at•e in proper aperat•ing condition, map be used in privacy, and are adequate for personal cleanliness and the disposal of Human waste. (7} Tlurma[ environment. The housing must have adequate heating antU'or cooling facilities in proper operating condition. (8} 1[[urninatlar+ and etec[rtciLy. The housing must have adequate natural or artificial illumination tv permit uoa•- ntal indoor activities aatd to support the health and safety of residents. Suf- ficient electrical sources must be pro- vided to permit use of essential elec- trical appliances while assuring safety from fire. (9} Food preparu[ion aaxd rejase dis- pasa2. All food prepau•ation areas must contain suitable space and Pquipment to store, prepare. and sexwe food in a sanitary manner. (lD) Saatiftan~ condition. TJte housing and ally equipment mast be maintained in sanitary condition. (I1) Fire saje[~. (i~ Each unit must i1x- clude at least one battery-operated or hard-wired smoke detector, in proper working condition, en each occupied level of the unit. Smoke detectors must be located, to the extent prac- ticable, in a 1lallway adjacent to a lted- roem. If the unit is occupied 1]y hear- ing-impaired persons, smoke detectors must have an alarm system designed § 583.3i]D for heat•iug-impaired persons in each bedroom occupied by a hearing-im- paired person. [iii The public areas of all housing must be equipped with a sufficient number, but not less titan one for each area, ^f battery-operated or hard-wired smoke detectors. Public areas include, but are not limited to, laundry rooms, cvntmunity rooms, day care centers, hallways, stairwells, a.nd other Cotn- mon areas. {cl ?Gfeu[s. Fach recipient of assist once under this pat•t who provides sup- portive housing for homeless persons with disabilities must prv~~ide meals or meal preparation facilities for resi- dents. id] Otxgo[nq assessment aj supportive seas+ices. Each recipient ^f assistance under this part must conduct an ongo- ing assessment of the supportive serv- ices required by the residents of the project and the availability ^f such services. and make adjustments as ap- propriate. (e) I[eside+a[tat supervision. Each re- cipient of assistance under this part mttst provide residential supervision as necessary Ge facilitate the adequate provision of supportive services to the residents of the housing thraughottt the term of the cantmitmettt to opet•ate supportive housing. Residential super- vision may include the employment of a flzll- ot• par~titne residential super- 4isor with sufficient knowledge tv prv- vide yr to supervise the provision of snpporti~ a services tv the residents. (f) Pr+r[[cipre[tn+z of homeless persons. {1] Each recipient must provide for the participation of homeless persons as re- c;uirecl in section 42fi[gy of the IVIcKin- ney Act f42 U.S.C. 11386(8)}, This re- quirement is Kaived if an applicant is unaUle tv meet it and presents a plan far HUD approval to otherwise consult with homeless or formerly homeless persons in cunsidet•ing and making policies sari decisions. See also § 583.33i1(e). (23 Each recipient of assistance under this part must, to the maximum extent practicable, involve homeless individ- uals and families, tltrvugh entplay- ment• volunteer services, yr otherwise, in constructing, r•eltabiiitating, tnain- taining• and operating the protect and 259 § 583.3fl5 in providing sltppol•tive see'vires for the project. [g} Records u~¢d renvrts. ];ach recipient of assistance under this part must keep any records and make any reports [ile- cluding those pertaining to race, etlt- nicity, Wender. and disability status data) that HUI] may require within the timeframe required. (h] Canjide-atialfty, Eaah recipient that provides family violence preven- tion nr trea•tment services must de- velop and implement pt•oce[lllres to en- sure: ~l] The confidentiality of recnr[is per- taining to any individual services; and (2] That the address or lvcatian of any project assisted will oat he made public, except with written atlthorixa- t•ion of the person or persons respon- sible for flee operation of the project. [ i} Ten~:itaativn vj iavusixq ussls[arare. 'I`he recipient may tel•nlinate assist- ance to a participant who violates pro- gram requirements. Recipients should terminate assistance only in the mast sevel•e cases. Recipients may resume assistance to a participant whose as- sistance was previously terminated. In terminating assistance to a partici- pant, the recipient must provide a fol•- mal process that recognizes the rights of individuals receiving assistance to clue process of law. This process, at a minimum, must consist of: ll} Written nvtire Lo the participant containing a clear statement of the reasons far termination: t2) A review of the decision, in which the participant is given the oppor- tunity to present written or oral objec- tions before a person other than the person (or a subordinate of that peraon~ who tnade or approved the termination decision; and (3l Pl•ompt written notice of the final decision to the participant. {j} Limila[ivn of slap Zia fransitiv~arx! Housing. A homeless individual or fam- ily may remain In transitional housing for a period longer than 24 mantles. if permanent housing for the individual ar family has not been located or if the individual or family requires addi- tional time to prepare for independent living. I-Ivwaver. HUD may discontinue assistance for a transitional housing project if more than half of the home- 24 Ci=R Ch. V (4-1-09 Edition) Less individuals or families remain in that project longer than 24 months. (k) dutpatient heralth services, dut- patient health services provided by the recipient must be approved as appro- priate by I-IUD and the Department of Health and Human Services (HHS1. Upole receipt of an application that proposes the provision of outpatient health services. HUD will consult with HHS with respect to t11e appropriate- ness of the proposed services. (1} Antxtrra! rrssurunces. Recipients wh^ receive assistance only for leasing, op- erating costs ar supl~artive services costs muse provide an annual assur- ance for each yeat• such assistance is receive[! that the project will he opee•- ated for the ptu•pase specified i11 the ap- plication. (.Apgrove[l h1 the U113ce of Management and i3udget under control ~inmher'T.50&-0112] [58 FR 13871, 11iar, 15, 199[3, as amended at 59 FR 3fi892, •Iuly 19. 190.1: Gl FR 51118, Sept. 30, 199fi] § 8$3.30!5 Term vi' commitment; repay- ment of grants; prevention of undue henefit$. (a} Tenn v/ cvmmit~atenE stz[d cnratc~rsivra, Recipients must agree to operate the housing or provide supportive services in accordance with this part and with sections 923 [b)(1] and (41[3] of the McKinney Ar•t [92 U.S.G. 11383[41(1}, 11383fb}(311. (bl Repral/r1[erat nj grunt rand grenention of uttrtt[e 6enejits, in aceordallce with section 423(c1 ^f the McKinney Act f42 i1,S.C, 11383[cl), HUD will require re- cipients to repay the grant unless HUU has authorised conversion of the pe•ojeot under section 423(4)[31 of the 14SCKinney Act (42 U.S.C. 11383{4](3)1. {61 F`R 51176, Sept, 30, 195fiJ #683.31U Displacement, reivcation, and acquisition. (al Minianizing dtsptucement. Con- sistent with t•lle other goals and objec- tives of this part, recipients must as- sure that they have taken all reason- able steps to minimize the displace- ment of persons (families, individuals, businesses, nonpl•ofit organizations, and farms} as a result of supportive housing assisted under this part. 2$f} dFc. of Asst. Secy., Comm. Plonn[ng, Develop., HUD !-~) Reln[•ulinn assisla~ece Jor dispdRCed persons. A displaced person frlefitted in paragraph [f1 of this section) toast be prvvidea relocation assistance at the levels described in, and in accordance with, the rectttirements of the Uniform Relocation Assistance and Real Prop- erty Acquisition Policies Act of 19r0 [UFtAF [42 U,S.C. 96U1-4&55} and imple= menting regulations at 49 CI'R part 24. [c) Real praperl~ rsCquisilinn require- rnenfs. The acquisition of real property for supportive ltotesin_q is subject to the URA and the requirements described in 49 CFR part 24, subpart S. !d] Hespartsi6i2ily of rer•ipietll. !I} The recipient must certify c i.e.. provide as- surance of conapliancel that it will Comply with the LIRA, the regulations at 48 CFIt part 24, and the requirements of this section. and must ensure such compliance notwithstanding any third party's Contractual obligation to the recipient tv Comply with these provf- slons. [21 The cost of required relvcatien as- sistance is att eligible project cost in the same manner ,tna to the came ex- tent as other project casts.~3uch costs also may be paid for with local public funds or funds available frvne other sources, {3} The recipient must maintain records in sufficient detail tv dem- onstrate compliance with provisions of this section. (e] Agrpeuts. A person who disagrees with the t~ecipient's determination volt- cerning wltether the person qualifies as a "displaced persntt," nr the amount of t•elacativn assistance for which t11e per- son is eligible, may file a written ap- peal of that determination with the re- cipient. Alow-income person ~vhv is dissatisfied with the recipient's [leter- mination an his or her appeal may sub- mit awritten request for review of that determination to the HUI7 field office. (f1 Definf[ion of displaced person. (]} For purposes of this section, site term '`displaced person" means a persan [family, individual, business. nonprofit organization, or farm} that tnvves from real property, or moves personal prop- erty from real property permanently as a direct result of acquisition, reltahili- tatian, ar demolition for supparti~e housing projects assisted under this § 583.3 ] 0 part. The term '`aisplarea persan" in- cludes, but may not be limited Lo: (i~ A person that• moves permanently from the real property after the prop- erty ownet• [or person fu control of the site) issues a <<acate notice. yr refuses to renew an expirlttg lease in vraer tv evade the responsibility tv provide re- location assistance. if the move oocurs on or after the date the recipient sub- mit~ to HUl] the application or appli- cation amendment aeslgnating the project Site. !ii] Any persan, including a parson who moves before the slate aescrlhed in paragraph [f)(1][i] of this section. if the recipient or HUD determines that sloe displacement resttltod directly from ac- gttixition, rehabilitation, or demolition far the assisted project. [iii) A tenant'ooaupant of a dwelling unit whe moves permanently from the buildinglcamplex au ar after the datE of the "initiation of negotiations" (see paragraph [g} ^f this section) if the move occurs before the tenant has been provided written notice offex•ing hi[n ot• her the opportunity to lease and ^c- cupy asuitable, decent, safe and sani- tary dwelling in the same l~ttildingi Complex, under reasonable terms ana Cvnaitivtts, upon completion of the project. such reasonable terms ana conditions must include a monthly cent anti estimated average monthly utility casts that do not exceed t•lte greater af: {A1 The tenant's monthly rent before the initiation of negotiations and esti- mated average utility costs. or [g~ 30 percent of grass household in- come. If the initial rent is at ar near the maximum, there must he a reason- able basis for concluding at the tkme the project is initiated that flrture rent increases will be modest. livl A tenant of a dwelling who is re- quired to reloe[tte temporarily, but does not return to the httildinglCOtn- plex, if either: { A} A tenant is not offered payment for all reasonable out-af-pocket ex- penses incurred 3n connection with the temporary relocation. ar (B~ Dther Cvnditivtts of the tent- porary relocation are not reasonalle. zsl § 583.315 [v} A tenant of a dwelling who moves from file builcling~aomplex perma- nently after he or she has ]peen re- quired to move tv another unit in the same huildinglvonlplex, if either: {A} The tenant is not offered reim- bursenlent for all reasonable out-af- pocket expenses incurred in connection with the move: or (Sl Uther conditions of the move are not reasonable. (2} Notwithstanding the provisions of paragraph (f}(1) of this section, a per- son does not qualify as a 'displaced person" fend is not eligible for reloea- tion assistance under the URA or this section), if: ti} Tho person has been evir.,ted for se- rious or repeated violation of the terms and conditions of the lease ar occu- ik~,ncy agreement, violatien ^f applica- ble Federal, State. or loyal ar tribal law, yr other goad cause, atld HlIl3 de- termines that the eviction was llot un- dertaken for t•he purpose of evading the oilligation to provide i•elvcation assist- ance: (ii] The person moved into the prop- erty after rile sui~mission of the t>,ppli- cation cud. ]~efare signing a lease and commencing ^crupancy, was provided written notice of the project, its pos- sible impact vn the person [e.g., the person may he displaced. temporarily relocated. or suffer a rent increase} and the face that the pelxan would not qualify as a "displaced person" !or for any assistance provided under this sec- tion), if the project is approved; [iii) The person is ineligible under 49 GF'R 29.2{g}(2}: or (tv} HIJD determines that the person was not [lisplaced as a direct result of acquisition, rehabilitation, or iiemoli- tion for the project. [3] The recipient may request, at any time, HUD's determination of whether a displacement is or would be covered under this section. (g} UejJrei[iora aj initfution nj ~teyoeiu- tivns. For purposes of determining the formula for computing the replacement housing assistance tv be provided to a residential tenant displaced as a direct result of privately undertaken rehabili- tation, demolition, or acquisition of the real property, the term `'initiation of negotiations" means the execution 24 CFR Ch. V {41-09 Edrtipn) of the agreement between the recipient slid I-Ii.TD. (h1 Beji~ai[ian of Nrojec[. Fo1• purposes of this section, the term "project" means an undertaking paid for in whole or in part with assistance under this pxa•t. Two yr mare activities that are integrally related, each essential tv the others, are considered a single project. whether ar not all component activities a•eceive assistance under this part. [58 FR 13871. Ris]~•. 15, 1993, as amen~]ed at 53 FR 36892..7uSy 19, 1394) 683.815 Resident rent. {a} Ca[cu[a[fv~i of resir[en t yen[. Each resident of supportive housing may be required tv pay as rent an amount de- termined by the recipient which may not exceed fire highest of: (1] 30 percent of the family's tnontllly adjusted income (a[ljustment factors include the number of people in the family, age of family members, mv[lical expenses and chili care expenses}. The calculation of the family's monthly ad- justed income must include the ex- pense deduvtivlls provided in 24 CFR 5.61I(al, and for persons with disah3l- it•ies, the [;alculation of rile family's monthly adjusted incolne also must in- clude the disallowance of earned in- come as provided in 7A CFR 5.617, if ap- pliCable.; (2} lp percent of file family's monthly gross income; or [3} If the family is receiving pay- ments for welfare assistance from a public agency and a part of the pay- ments, adjtlsteci in accordance with t11e family's actual housing costs, is spe- cifically designated by the agency to meet the family's housing costs, the portion of rile payment that is des- ignated for klousing ovate. (h} Lase aj re~t.l. Resident rent may be used in the operation of the project or :nay lie reserved, in whole ar in part, to assist residents of transitional housing in moving to permanent housing, !c] Fees. In addition tv resident rent. recipients may charge residents rea- sonable fees for services not paid with grant funds. [58 FR 13871, Mar. 15. 11193, as Rmended at 59 FR 36892, July 19, 14194; 6fi FR 8225, San. 19, '.A01] Z~`Z etc. of Asst. Secy., Camm. Planning, pe~elop„ HUp 583.32A Site control. fal Site co~tErn2. t11 Where Grant funds will be used for acquisition, rehabilita- tion, or new construction tv provide supportive hvusiaig or supportive serv- ices, yr where grant funds will he used for operating costs of supportive hous- ing, yr where Brant funds will be used tv provide supportive services except where ate applicant will provide serv- ices at sites not operated by the appli- cant, an applicant must demonstrate site control before IIIID will execute a grant agreement (e•g., through a deed, lease, executed contract ^f sale). If such site control is not demonstrated within ^ne year after initial notifica- tion of the award pf assistance under this part, the grant will. be dephligated as prvvidecl in paragraph {p) pf this sec- tinri. {21 Where grant funds will be used tc lease all or part of a structure tp pro- vide supportive housing or supportive services, or where grant funds will be used to lease individual ttvusing units for homeless persons w11o will eventu- ally control the units, site control need not be <lemvnstratecl. (b) Site cha~tge. [1) A recipient may obtain ownership yr Control of a suit- ahle site different from tiie axle speci- fied in its application. Retentive of an assistance award is subject tv t11e new site's meeting all requirements under this part far suitable sites. [2) If the acquisition, rehabilitation, acquisition and reliab#litat#on, yr new construction costs fon• the substitute site are greater than the amount of the grant awarded for the site specified in the applicatioti• the recipient must pro- vide for all additional casts. If the re- cipient is unable to demonstrate to HUD that it is able tp provide For the difference in pests. HIID may deobligate Ghe award of assistance. fc) Failure to ^blai~t site ca-t[ra2 within ore year. HUD will recapture vi' devbligate any award for assistance under this part if the recipient is not in control of a suit<tible site before the ex- piration of one year after initial notifi- cation of an award. §689.326 Nondiscrimination and equal opportunity requirements, (a] Gerierul. i~atwithstanditig Lhe per- missibility of proposals that serve des- § 583.325 ignated populations of disabled home- less persons, recipients serving a ~les- ignatetl population of disabled hvme- 3ess persona are required, within the tlesignated population, tv comply with these requirements fnr npndisvrimina- tion on t•he basis ^f race. cvivr, reli- gion, sex, national origin, age, familial status. and disability. (b) Nnnrfiscriminutio~a rrnd ertuset appnr- tunity requirements. The nondiscrimina- tion and equal opportunity rerluire- ments set forth at part 5 of this title apply to this program. The Indian Civil Rights Act {25 LI.S.C. 131 et secl,] ap- plies to tribes when they exercise their powers of self-goveimment. and to In- dian housing authorities {Il-IA,s) when established by the exercise of such powers. 1'Yhen an tua is rstahlished under State law, the applicab#lity of the Indian Civil Rights ACt will be de- termined vn a case-hy-case basis. Projects subject to the Indian Civil Rights Act must be developed and oper- ated in compliance with its provisions and all implementing HIID require- ments, instead of title VI and the Fair Hausir~ Apt and their implementing regulations, (c} Praredurrs. (1) If the procedures that the recipient intends to use tp make known the availability of the supportive housing are unlikely to reach persons of any particular race, color, religion, sex, age, national ori- gin, familial status, or handicap why may qualify far admission to the hpns- ing, the recipient nmst establish addi- tional procedures that will ensure that such persons can obtain information concerning availability of the boos#ng. (21 The revipient must adopt proce- dures to make available information on the existence and locations of facili- ties and services that are access#hle to persons with a handicap and maintain evidence of impleme~itation of the pro- cedures. (d] dccessiGifity requirements. The re- cipient must caneply with the new cvn- structivn accessibility requirement. of the Fair Housing Act and section 50~ of the Rehabilitation Act of 1973, and the reasonable accom~nodatioti and reha- bilitation accessibility >:~equirements of section 504 as Fpllo-vs; (1] All new cottstructivn must, meet the accessibility requirements of 'lA zss § 583.330 CFR 8.22 and• as applicable, 'l4 Ck'R 1U4.'1A5. {2} Projects in which casts of reha- bilitation are 75 percent or more of the replacement cost of the building must meet the requirements of 24 CFR 8.23(a}. ^tller rehabilitation must meet the requirements of 24 CFR 8.23Ib1. [58 P'R 13671. bias. 15. 1993, as amended :it 59 FR 33899, .iunN 3[l, 1934: 61 FR 521D, Feb. 9, 1896: 61 FFt 51176. Sept. 3D, 19f1B] # 583.330 Applicability of other Federal requirements. Ill addition to the requirements set forth in 24 CFR part 5. use of assistance pro~~ided under this part must Comply with the following Federal require- ments: [a) Ffnod #rtsuruncc. (1) The Flood Bis- aster Pi'vtectioil Act of 1973 [42 II.S.C. 9{)01-4128] prohibits the approval of ap- plications for assistalce for acquisition or construction {including rehabilita- tion) for supportive housing located in an area itlentifie<l by the Federal Emer- gency Management Agency (FElI+€A} as having special flood hazards, unless: (i] The community in wllicll the area is situated is participating in the Na- tional Flood Insurance Program (see 99 CFR parts 59 through 79), yr less than a year has passed since FEIvIA notifica- tion regartting such hazards: and fii} Flood ilsurance is obtained as a condition of approval of the applica- tion. (2] Applicants with supportive hous- ing located in an area identified by FRhIA as having special flood hazards and receiving assistance for acquisition ar cvnst•ructivn {including rehabilita- tion) are responsible for assuring that flood lnsurance under the National Flcod Insuranco Program is obtained and maintained. lb] 'Y'he Coastal Barrier Resources Act of 1982 (16 U.S.C. 3541 et seq.} may apply to pl'oposals under this part, de- pending on the assistance requested. (c) Apgficrrb###fy of C)r7113 C;irclrfars. The policies, guidelitles, and requirements of DMI3 Circular No. A-87 (Cost Prin- ciples Applicable to Grants, contracts and ^ther Agreements with State and Local Governments) and 24 CFR part 85 apply to the award, acceptanve, and use of assistance ender the program by governmental entities, and ^MB Cir- 24 CFR Ch. V (4-1-09 Edl#lOn) cular Nos. ?.-114 {Grants and Coopera- tive Agreements with Institutions of higher Education, Hospitals, and Dther Nonprofit [7rgani2atiolls) and A-122 [Cost Principles Applicable to Grants, Contracts and Diller Agreements with Nonprofit Institutions] apply tv the ac- ceptallce and use of assistance by pl•i- vate nonprofit organizations, except where illcvnsistent with the la1'avisiolls of the Mcl{inney A[:t. othel• Federal statutes, or this part. [copies of DMS Circulal•s may be vbtainecl fl•om E.D.Y. Publications, room 224{1, Ne~v Executive DffYce Building. Washington, DC 20543, telephone [2021 395-7332. {This is not a toll-fl•ee ntlmloer.l There is a limit of two Free copies. fd] I.eud-brined pu#nt. The Lead-Based Paint Poisvnillg Preventiwl Act f42 U.S.C. 9821-9846), the Residential Lead- Based Paint Ha~zrd Reduction Act of 1992 (42 iI.S.C. 1851--9856)• aucl imple- menting' regulations at part 35• sub- pal•ts A, E, J, IZ, and R ^f this title apply Ga activities under this program. {v] C:onJ7icGs of inleresl. (]) In addition to the conflict of interest requil•emvnts in 24 CFR part 85, ua person who is an omployee, agent, consultant, officer, yr elected or appointed official of the re- cipient and who exercises vi' has exer- cised any functions or responsibilities with respect to assisted activities, ^r wllo is in a position to participate in a [lecisianlnaking process vl• gain inside information with regard to such activi- ties, may obtain a persona] or financial interest or benefYt from the activity, yr have an interest in any vontraat, sllb- colttl•avt, or agreement with respect thereto, or the proceeds thereundel•, ei- ther for himself yr herself or for those with whom he yr she leas family or business ties. dut•ing his or ller tenul•e or fur one year thereafter. Participa- tion by homeless individuals who also are participants under the prograan in policy or decisiollnlaking under §583.300[f} does not constitute a con- flict of interest. [2] Upon the written request of the recipient. HUD nlay grant an exception to 1•he prvvlsiens of paragraph te](11 of this section on a ease-by-case basis when it tletea•nlines that the exception will serve to fY~rther the purposes of the program and the effective and effi- cient adaninlstrativn of the recipient's 264 dfc. a# Asst. 5ecy., Comm. Planning, D+~~elap., HUD project. An exception may be consid- ered only after the recipient has pro- vided the following: ti) For St<•ttes and other govern- inental entities, a [lisclvsure of the na- ture of the conflict, accompanied by an assurance that there has been public disclosure of the colflict and a descrip- tion of how t•lle public disclosure was made: and [ii) For all recipients, an opinion of the recipient`s attorney that the inter- est for which the exception is sought would not violate State yr local law. f3) In determining whether to grant a requested exception after t•lte recipient has satisfactorily met the requirement of palagl•aph {e}{2} of this section, HUD will consider the cumnlative effect of the following factors, wllere applicable: fi) Whether the exception would pro- ide a significant cost benefit or an es- sential degree of expertise to the project which would ^tllerwise not lie available; (iii K"hother the person affected is a member of a group or class of eligible persons and the exception will permit such person to receive generally the same interests or benefits as are being Llla[ie available or provided tv the group or class; (iii] Whether the affected person has withdrawn from his ar her functions or responsibilities. ^r the decisionnlaking process with respect to the specific as- sisted activity in question; [lv] Whetller the interest or benefit was present before the affected person was ill a pvsitivll as described in para- graph (e]{1} of this section; tv} Whether undue hardship will re- sult either to the recipient or the per- son affected when weighed against rile publiv interest serve[l by avoiding the prohibited conflict: and (vi) Any other relevant considel•- ations. (f] Atrtiit. The financial Lnallagement systems used by 1ecipients under this program must provide for audits in ac- cordance wit11 24 CFft part 44 ar part 45, as applicable. HUD may perform or re- quire additional audits as it finds nec- essary yr appropriate. § 583.405 fa] I3avis-Ba[;vn Act. The provisions of rite Bavis-Bacon Act do riot apply tv this program. [58 FR 13871. Aiar. ]5, lyl13, ax amended at- 81 FR 5211, Feb. 5, ice; G1 F'it 5v238. Sept. 15, 1999] $lJE]~}CCf E-AdfY11l115tfdtlDn $ 683.4Q0 Grant agreement. fa] Ge~ler~2. '1 he duty to provide sup- portive housing or supportive services in accordance with the requirements of this part will he incol•pol•aT.ed in a grant agreement executed by HUA and rile recipient. (b] F,njorcen:[rx[. HUD w111 enforce the obligations in the grant agreement through such action as may ba appro- priate, including repayment of futlds that have already been disbursed to the recipient. # 685.406 Program changes. (a} NUIJ nlrprva~l. (i) A recipient may not make any significant changes to an approved program without prier HUD approval. Significant changes include, but are not limited to, a chare_ge itl the recipient, a change in the project site, additions or deletions in the types of activities listed in §583.106 of this part approved for the pt•vgla~n yr R shift• of more than 1U percent of funds from one approved type of activity to another, and a change in the category of partici- pants to be served. Depending an the nature of the Chang©, I-IUD may require a new c:ertificativn of consistellcy with the cvnsoli[iated plan fsee §583.155]. (2} Approval for changes is contin- gent upon the application ranking re- maining high enough after the ap- proved change to have been competi- tively selected for funding in Lhe Year the application was selected. ib} Docun[e[aLa[ion of other cltarl~es. Any changes tv an approved program tllat do not require prior liUl] approval must be fully documented in the t'eeipi- ent's records. !58 FR 13871. 'Mal'. l5, 1993, as amended at 61 FIi 511713, Sept. 30.1998] zss § 583.410 § fi8S.410 obligation and deabligation of funds. {a) Uhligutiura a~~uracte. R71en HUD and the applicant execute a grant agree- ment, funds are obligated to cover the amount of the approved assistance under subpart B of this part. T11e re- cipient wilt Ue expected to carry asit the supportive housing ^r supportive services activities as proposed in the application. (b) Irr~reuses. After the ie3it3a1 obliga- tion of Funds. HUD will oat make revi- sions to increase the amount obligated. [c1 ^eubfifrutfon. (1) HUB maV deabl3gate all or parts of grants for ac- quisition, rehabilitation, acquisition and rehahilita,tian. or new construc- tion: (11 If the actual fatal cost ^f acquisi- tion, rehahilita.tian. acquisition and re- habilitation, ^r new construction is less than the total cost anticipated in the application; ar [ti) If proposed activities for which funding was appro^ed are oat begun within three months ar residents do oat begin to occupy the facility within nine months after grant execution. (2] HUB may deal~ligate the amounts far annual leasing costs, operating casts or supportive services iu any Veal': (il If the actual ceasing costs, apel•- ating costs ar supportive services for that year are less than the total cost anticipated in the application; or (311 If the proposed supportive hous- ing operations are not begun within three months after the units are avail- ablefor occupancy. (3) The grant agreement man set forth in detail other circumstances under which funds may be deallligated, and other sanctions may be imposed. (4) HUl] may fi 1 R~asivrr; ise Fhn z~=~.i.l .l~ilit•}= of fu~1[is that have been deoUligatt:d under t11is section in a notice of fund avaii- al]ilfGy under §583.2(!0, or (311 Awar[l [leobligated funds to applf- cations previously submitted in I•e- sponse to the most recently publishe[l notice of Hind availability. and in ac- cordallcn with subpart C of this part. 24 CFR Ch. V (4-1-09 Edltfan) Zfi6 EXHIBIT B INSURANCE RE UIREMENTS Subreci~fent's Liability Insurance, A. Subrecipient must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Subrecipient must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been ^btained. B. Subrecipient must furnish to the City's Risk Manager and tv the Department ^r Division responsible for this agreement; 2 copies of Certificates of Insurance, showing the fvllawing minimum coverage by insurance company{s} acceptable tv the City's Risk Manager. The City must be named as an additional insured far all liability policies, and a blanket waiver of subrogation is required an alf applicable policies. 'TYPE QF INSURANCE MINIMUM INSURANCE COVERAGE 34-Day written notice of cancellation, material Bodily Injury and Property Damage change, nan-renewal or termina#ion is required on Per occurrence t aggregate all certificates COMMERCIAL GENERAL LIABILITY including: ~1 OQp,OpO Comlained Single Limit 1. Commercial Form 2. Premises -Operations 3. Products! Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors 6. 13raad Form Property Damage 7. Personallnjury C. In the even# of accidents of any kind, Subrecipient must furnish the Risk Manager with copies of all reports of such accidents within 'f 0 days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: The City of Corpus Christi must be named as an additional Insured vn the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. If your insurance company uses the standard ACQRD form, the cancellation clause {bottom right} must be amended by adding the warding "changed ^r" between "be" and "canceled", and deleting the wards, "endeavorto", and deleting the wording after "left". !n lieu of modification of the ACCRD form, separate policy endorsements addressing the same substantive requirements are mandatory. The name of the project must be listed under "Description of Qperations" At a minimum, a 3d-day written notice of cancellation, nvn-renewal, material change, or termination is required. B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.B {1}-{7}, an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. {1}-7} are included or excluded. END EXHIBIT C CSC COMPLIANCE AFFICAVIT STATE 4F TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § Date: ~ S r~ Affiant: ~~G~` ~m~.r~rTY ~~~~ Continuum of Care Grant Subrecipient Affiant, on oath, swears the following statements are true: I , ~I~'Lrn~A ~itJW ~Y, ~-vr~H~ , am the .~l~EGrrrl v~ ~irc.~~~ ~titfe} of ~,l~G'SG~Y_~olr~rnrJ~rTY ~IV ~~. , a Texas nanprafit corporation, which has applied for and been awarded Continuum of Care ("CSC"] 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 abvve- named subrecipientorganization ("Subrecipient"}, I met with City staff and received copies of the following Federa! rules and regulations: GM6 Circular A-102 24 CFR Part 1, .3, 5, 8, 24, 35, 45, 84, 85, 107, 135 and 146, as applicable ^MB Circular A-11 d 24 CFR 583 FMB Circular A-122 41 CFR 60.1 and 6d.4, as applicable FMB Circular A-133 By execution of this affidavit, I attest that I have received the above-listed Federal rules and regulations, City staff has explained the rules and regulations, and l understand the Subrecipient's obligations of perFormance under the rules and regulations. Furthermore, acknowledge that there may be additional Federal rules and regulations, beyond the rules and regulations listed above, to which the Subrecipient may be subject to and with which the Subrecipient must comp , in accordance with Federal laws. Signed: SWORN TO AND SUBSCRIBE^ before me this the ~~ day of 2010. , ,,,,, Nota Public, State o as ~~ri~a. f:Al1R18A IYI~N BAIClIK r'F°t3~' h'1~~°~~ wrote of Texas pry 4`Ummigs+on Explr9s _ i~a~~h 00, 2fli 1 SUPPLIER NUMBER TD BE ASSfGNED BY CITY '~^-"~~ PURCHASING D1VISlGN City of Corpus Christi EXHIBIT CITY OF CDRPIJS CHRISTI DISCLOSURE OF INTEREST City of Carpus 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 reverse side for Filing Requirements, Certification and definitions. COMPANY NAME: SLC}r C~drr~mUh36 L:~7V~iq P. O. Box: 6 D ^ ^ STREET ADDRESS: yvls ~A"~ lel ~I U ITY: CrC~1ePU.S ~r~ ZIP: ~ ~~~ FIRM IS: 7. Corporation ~] 2. Partnership ^ 3. Sofe Owner ^ 4. Association ^ 5. Other ^ If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "empfoyee" of the City of Corpus Christi having an "ownership interest" constituting 3°I° or mare of the ownership in the above named "firm." Name Jab Title and City Department (if knowny 2. State the names of each "official" of the City of Carpus Christi having an "ownership interest" constituting 3°/° or more of the ownership in the above named °firm." Name Title 3. State the names of each "board member' of the City of Carpus Christi having an "ownership interest" constituting 3°I° or more of the ownership in the above named "firm." Name Board, Commission yr 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°Io ar mare of the ownership in the above named "firm." Name Consultant Page 1 of 2 ~-^ ~ City of Exhibit E ~~ C~rpu~ - ~ Christi ...~.~ CERTIFIGATIDN REGARDING LGSBYING CERTIFICATIGN FGR CGNTRACTS, GRANTS, LQANS, AN^ CGCPERATIVE 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, tv any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, ^r 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 Farm-11, "disclosure Form to Report Lobbying," in accordance with ifs instructions. {3} The undersigned shall require that the language of this certification be included in the award documents for all subawards at ali tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements} and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed by Section 1352, Titie 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $1 D,DOD and not more than $10Q,DQQ for each such failure. ~ ~ ~5' /D Signature ^ate Print Name of Authorized Individual ~~5~~ y ~m ~~~ ~ ~ ~ ~. organization Name