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Home My WebLink AboutC2010-155 - 5/25/2010 - ApprovedCONTINUUM OF CARE GRANT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI METRO MINISTRIES THE STATE GF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This agreement {"Agreement"} is made and entered into by the City of Corpus Christi, a Texas home-rule municipal corporation ["City"}, acting through its City Manager ^r the City Manager's designee ["City Manager"}, and Corpus Christi Metro Ministries, Inc., ["Subrecipient"}, a nonprofit corporation organized under the laws of the State of Texas. WHEREAS, there being a genuine need for supportive housing services for persons who are homeless and far appropriate facilities in which to provide the services in the City of Corpus Christi; WHEREAS, providing supportive housing services to persons who are homeless promotes the public welfare, health, and safety; WHEREAS, the City is desirous of providing appropriate supportive housing services to persons who are homeless; WHEREAS, appropriate supportive housing services include decent, safe, and sanitary shelter and other services essential for achieving independent living; WHEREAS, the Subrecipient is able and desirous of providing the appropriate supportive housing services to persons who are homeless and in need of assistance in order to improve the quality of their lives; and WHEREAS, the City has allocated Continuum of Care Grant ("COC"]funds in the amount of $1CQ,255 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 tv: 1.1 Funding. Provide the Subrecipient not more than One Hundred Sixty Thousand Twv Hundred Fifty-five Dollars ~$160,Z55] of COC funds vn a reimbursement basis, based on the stated services tv be provided pursuant to the approved Application for Federal Assistance, PIN number TX55Qfi~ (grant #T}CgD23B6J01 D8fl2}, a copy of which ~° ~^^^~~---~~°-' `-~' °-`-~~nce and is attached tv this Agreement as Exhibit A. 2Q1Q-155 Res. U213614 45!25110 CC Metro Ministries ~Nt1~~~ 1.2 Reimbursement. Reimburse CCC funds to the 5ubrecipient according to this Agreement and as follows: {A} Nvt mere than $89,612 will be reimbursed to the 5ubrecipient for the provision of essential supportive housing services to the homeless. {B} Not more than $63,012 will be reimbursed to the 5ubrecipient for payment of ^perating costs related to supplying supportive housing services for the homeless. {C} Not more than one half of $7,631 will be reimbursed to the 5ubrecipient far the provision of administrative cysts 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 ~BLIGATIQNS. Subrecipient agrees to: 2.1 Matching Funds. Contribute and provide the following amount of cash as the required COC grant funding match as shown in Exhibit A: {A} Not less than $1?,922.40 must be spent by the 5ubrecipient to provide essential supportive housing services tv the homeless. {B} Not less than $15,753.x0 must be spent by the 5ubrecipient to provide far the operating costs related to supplying supportive housing services to the homeless. {C} Not less than $0.00 must be spent by the Subrecipient to provide 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 to homeless persons, and provide supervision and oversight, by the 5ubreci- pient's Board of Directors, of professional services provided by the Subrecipient. 2.3 Ser-rices and Facilities. Provide services and utilize the facilities or buildings in accordance with the Continuum of Care Grant Program regulations contained in the United States Code of Federal Regulations ("CFR"}, and including, but not limited tv, those federal requirements contained in Sections 5 and 6 of this Agreement. 2.4 Permits and Licensing. Qbtain and maintain any permits, certificates, and licen- sesthat are required of the stated services and of the facility or the services offered therein by the State of Texas and any other agencies having regulatory jurisdiction over the facility yr services. 2.5 Financial Records. Record financial transactions according to accrual accounting procedures or develop such accrual information through analysis of the documentation ^n hand and provide an independent audit for such expenditures upon request by the City Manager or the Administrator of the City's Community Development ^epartment ~"CDD"}. Continuum of Care Agmt - CCMM Page 2 of 12 Z.fi Access to Records. Provide access to all records, documents, reports, or audits regarding the services funded under this Agreement, during regular business hours, for purposes of the United States Department of Housing and Urban Development ["HUD"}, the City, ^r CDD, in order to conduct audits or monitoring. Z.7 Information and Reports. Provide any information pertinent tv this Agreement as the City Manager, the Administrator of CDD, or HU^ may from time to time request. Subrecipient shall adhere and comply with the reporting requirements mandated for the Homeless Management Information System ~HMIS} administered by the City as a condition of receiving funds under this Agreement. Z.8 Notification of Change. Notify the City within ten [10}days when the scope, funding, staffing, ^r services being provided by the Subrecipient changes from its cur- rent level. Z.9 Use of Funds. Expend all funds solely for the services described and funded under this Agreement and in accordance with HUD regulations. The Subrecipient shall reimburse the City for all City-provided CCC funds expended by the Subrecipient vn services not authorized under this Agreement or that are expended in violation of HUD statutory and regulatory provisions. Z.1 D Record Retention. The Subrecipient sha11 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. SECTIQN 3. TERM; TERMINATION; NOTICES. 3.'t Term. This Agreement commences on April 1, 201 ~, in accordance with the grant cycle, provided the City's City Council has approved its execution, and terminates vn March 31, 2011. 3.Z 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, ar replies provided far or permitted under this Agreement, by either party must be in writing and must be delivered by one of the following methods: [1} by personal delivery; (2} by deposit with the United States Postal Service as certifed yr registered mail, return receipt requested, postage prepaid; [3} by prepaid telegram; (4} by deposit with an overnight express delivery service, for which service has been prepaid; or [5} by fax transmission. ~B} Notice deposited with the United States Postal Service in the manner described above will be deemed effective two {2} business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one {1 }business day after transmission to the #elegraph com- pany or overnight express carrier. Notice by fax transmission will be deemed effec- tive upon transmission, with proof of confirmed delivery, Continuum of Care Agmt - CCMM Page 3 of 12 {C} All such communications must only be made to the following: If to the City: City of Corpus Christi Attn: Admin., Community Dev. P. C. Bvx 9277 Corpus Christi, Texas 784fi9-9277 {361 } 82fi-3045 Office (361 } 844-1740 Fax If to the 5ubrecipient: Corpus Christi Metro Ministries, Inc. Attn: Executive ^irector 1919 Leopard Street Corpus Christi, Texas 78401 {3fi1 } 887-0151 Office [361 } 887-790Q Fax {D} Either party may change the address to which notice is sent by using a method set out above. The Subrecipient shall notify the City of an address change within 10 working days after the address is changed. SECTION 4. INSURANCE AND INDEMNITY PROVISIONS 4.1 Liabiility Insurance. The Subrecipient shall have in force, throughout the term of this Agreement, insurance that complies with the standards in Exhibit B, a copy of which is attached 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 Manager"] and the Administrator of CDD at least ten {1 D} days prier to any expenditures of CCC funds by the Subrecipient. Failure to maintain any of the types and limits of the insurance required by Exhibit A is cause for the City Manager or the Administrator of CDD tv terminate this Agreement and cancel any and all reimbursements of CSC funds tv the Subrecipient. 4.2 Fire and Extended Coverage. The Subrecipient shall also have in force, through- out the term of this Agreement and during the period which the facilities or building must be maintained as a shelter for the homeless in accordance with Section 5.2 of this Agreement and 24 CFR §57fi.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 CCC funds tv 5ubrecipient. 4.3 Notice to City. Subrecipient shall require its insurance companies, written policies, and certificates of insurance tv provide that the City must be given thirty {3d} days ad- vance noftce by the insurer prior to cancellation, nonrenewal, ^r material change of the insurance policies required by Exhibit B. 4.4 Right #o Re-evaluation and Adjust Limits. The Risk Manager retains the right to re-evaluate the insurance requirements during the term of this Agreement and adjust the types and limits of such insurance upon thirty {30}days written notice to Subrecip- ient. Insurance types and limits may not be adjusted more frequently than once a year. 4.5 INDEMNIFICATION. {A) Subrecr`pient cv~enanfs and agrees that it will indemnify and hold City harmless of, from, and against all claims, demands, actions, Continuum of Care Agmt - CCMM Page 4 of f 2 damages, lasses, costs, liabilifr`es, expenses, and judgments re- covered from yr asserted against fhe City vn account of injury or damage to persons or property {including, without limitation on fhe foregoing, workers' compensation, death, and premises de- fects) to fhe extent any such injury or damage maybe incident fo, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct vn the part of the City, ifs officers, employees, or agents {"lndemnifees"~, acting pursuant fo fhis Agreement and with or without fhe express or implied invitation ar permission of the Subrecipienf, or on fhe part of the Subrecipienf or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the facilities being used pursuant fo this Agreement and with or without fhe express or implied invitation ar permission of the Subrecipienf, or when any such injury or damage is fhe result, proximate ar remote, who!!y or in part, of the violation by ln- demnifees, fhe Subreciprenf or any of its agents, servants, em- ployees, confracfors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from yr out of the use or occupancy of fhe facilities by lndemnifees, fhe Subre- cipienf yr any of ifs agents, servants, employees, confracfors, patrons, guests, licensees, or invitees, including, but not limited fo, the failure of the Subrecipienf fo maintain fhe Facilities. {Bj These terms of indemnification are effective upon the date of exe- cution of fhis Agreement and whether such injury yr damage may result from fhe sole negligence, contributory negligence, or con- currentnegligence of lndemnifees, but not if such injury or dam- age may result from gross negligence or willful misconduct of ln- demnifees. {Cj The Subrecipienf covenants and agrees fha#, in case fhe City is made a party fo any litigation against fhe Subreciprenf or in any litigation commenced by any party other than fhe Subrecipienf re- lating to fhis Agreement, fhe Subrecipienf shall, upon receipt of reasonable notice regarding cvmmencernenf of litigation and of its own expense, investigate a!! claims and demands, attend fo their set#lement or other disposition, defend fhe City in all actions based thereon with legal counsel safr`sfactory to fhe City Attorney, and pay all charges of attorneys and all other costs and expenses Continuum of Care Agmt - CCMM Page 5 of 12 of any kind whafsoe~er arr`sing from any said claims, demands, ac- tlons, damages, losses, costs, liabilities, expenses, or judgments. ~D) The indemnr`fication provisions of this section survive the termina- tion ar expiration of this Agreement. 4.fi Subrecipient Contracts; Independent Contractor Status. In no event is the City liable for any contracts made by the Subrecipient with any person, partnership, firm, corporation, association, or governmental body. AH of the services required by this Agreement must be performed by the Subrecipient, or under ifs supervision. It is agreed by the parties to this Agreement that the Subrecipient is an independent con- tractorproviding the services on behalf of the City and that the Subrecipient may not incur any debts or obligations on behalf of the City. SECTION 5. PROGRAM REQUIREMENTS 5.'I Matching Funds. {A} The 5uhrecipient shall match the CDC funding providing by the City wi#h an amount of cash funds from sources other than GDC funds. These matching funds must be provided after the date of the grant award to the Subrecipient and the execution of this Agreement. Funds used to match a previous CDC grant may not be used tv match a subsequent grant award under this Agreement. {B} The Subrecipient shall request payment from the City on avast-certified basis for only those services specified in this Agreement and which are matched vn a cash basis in accordance with this Section 5.1 and the regulations contained in the Cade of Federal Regulations. The Subrecipient shall submit matching funds support documentation which must be provided with each request for payment. 5.2 Use as an Emergency Shatter. {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 for not less than athree-year period from the date of execution of this Agreement. {B} Any building for which CDC funds are used for tote provision of essential supportive housing services to the homeless or payment of maintenance, operation, insurance, utility, or furnishing casts 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. {C} Using CDC funds for developing and implementing homeless prevention services dues not trigger any period of use requirements. Continuum of Care Agmt - CCMM Page fi of 12 5.3 Building Standards. Any building for which COC funds are used to provide supportive housing services for the homeless must meet local government safety and sanitation standards. 5.4 Assistance to the Homeless. The Subrecipient shall assist homeless individuals and families in obtaining access to appropriate supportive housing services, including permanent housing, counseling, supervision, and other services essential for achieving independent living. Additionally, the Subrecipient shall assist homeless individuals and families in obtaining access to other Federal, State, local, and private aid that may be necessary to such individuals and families. SECTION fi. AC][31TIDNAL FEDERAL RE4UIREMENTS. fi.'I Nondiscrimination And Equal Opportunity. The Subrecipient shall comply with the following requirements: {A} The requirements of the Fair Housing Act, 42 United States Code {"U.S.C."} §3601-19, and implementing regulations at 24 CFR Part 100 et seq., as each may be amended; Executive Order 11063, as amended by Executive Order 12259 {3 CFR, 1959-1963 Comp., p. 652, and 3 CFR, 1980 Camp., 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-4}, as it may be amended; and, Nandiscrim- inativn in Federally Assisted Programs and implementing regulations at 24 CFR Part 1, as each may be amended; {B} The prohibitions against discrimination on the basis of age under the Age Discrimi- na#ion 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. For pur- poses of the COC funding programs, the term "dwelling units" in 24 CFR Part 8, as it may be amended, includes sleeping accommodations; {C} The requirements of Executive Order 11245 and the supplemental regulations issued in 41 CFR Chapter 60, as each may be amended; (D} The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. §17r31u, and implementing regulations at 24 CFR Part 135 and 24 CFR §570.607{b}, as each may be amended; {E} The requirements of Executive Orders 11625, as amended by Executive Orders 12007 {3 CFR, 1971-1975 Cvmp., p. 616, and 3 CFR, 1977 Comp., p. 139} {Minor- ity Business Enterprises], as each may be amended; Executive Order 12432 {3 CFR, 1983 Comp., p. 198} (Minority Business Enterprise Development}, as each may be amended; and Executive Order 12138, as amended by Executive Order 12608 {3 CFR, 1977 Camp., p. 393, and 3 CFR, 198? Comp., p. 245} (Women's Business Enterprise}, as each may be further amended; and, Continuum of Care Agmt - CCMM Page 7 of 12 {F} The requirement that the 5ubrecipient 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 5ubrecipient uses to make known the availability of such facilities and services are unlikely tv reach persons with disabilities or persons of any particular race, color, religion, sex, age, or national origin within the Subrecipient's service area why may qualify for them, the 5ubrecipient 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 and implement procedures designed tv make available to interested persons information concerning the existence and location for services and facilities that are accessible to persons with disabilities. 6.2 Applicability of FMB Circulars. The 5ubrecipient shall comply with the policies, guidelines, and requirements that are applicable to the use of CDC funds set forth in the Code of Federal Regulations, in the United States Office of Management and Budget {"OMB"} Circular Nv. A-122, and in all other OMB circulars as each may relate to the acceptance and use of CDC funds. fi.3 Lead-based Paint. {A} Subrecipient shall comply with the applicable requirements of the Lead-Based Paint Poisoning Preventive Act {42 U.S.C. §§4821-484fi}, the Residential Lead- 6ased Paint Hazard Reduction Act of 1992 {42 U.S.C. §§4851-485fi}, and the implementing regulations at 24 CFR Part 35, as each may be amended. {B} In addition, the Subrecipient shall also meet the following requirements relating to inspection and abatement of defective lead-based paint surfaces: {1} Treatment of defective paint surfaces must be performed before final inspec- tion and approval of any renovation, rehabilitation, ^r 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. B.4 Conflicts of Interest. In addition to the conflict of interest provisions in QMB Cir- culars A-1 U2 and A-11 Q, nv person wh^ is an employee, agent, consultant, officer, ^r elected or appointed official of the Subrecipient that receives CDC funds and who exer- cises or has exercised any functions or responsibilities with respect tv assisted activi- ties, or who is in a position tv participate in adecision-making process, or who may gain inside information with regard to such activities may obtain a personal or financial inter- est or benefit from the activity or have an interest in any contract, subcontract, ^r agree- mentwith respect thereto or business ties during his ar her tenure and for one year thereafter. HUD may grant an exception to this exclusion, upon prior written approval, as provided in 24 CFR §583.33Q, as amended. In the event the Subrecipient desires tv obtain an exception to the exclusion from HUD, the Subrecipient must comply with 24 CFR §583.33Q and file a written application, containing full disclosure of the facts, with HUD and the Administrator of CDD. fi.5 Use of Debarred, Suspended, yr Ineligible Contracture. The provisions of 24 CFR Part 24, as amended, relating to the employment, engagement of services, Continuum of Care Agmt - CCMM Page 8 of 12 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.B Coastal Barriers. In accordance with the Coastal Barrier Resources Act, 16 U.S.C. §3581, as amended, na CSC funds may be made available within the Coastal Barrier Resources System. 6.T 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-ICickback" Act, 18 U.S.C. X874, as amended and as supplemented by United States Department of Labor regulations, 29 CFR Part 3, as amended. fi.9 Contract Work Hours and Safety Standards Act. The Subrecipient shall comply with Sections 103 and 167 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. §§329 and 333, as amended and as supplemented by United States Depart- ment of Labor regulations, 29 CFR Part 5, as amended. fi.1a Audit. The Subrecipient is subject tv the audit requirements of QMB Circular A-133, as set forth in 24 CFR Part 583, as amended. fi.11 Relocation and Acquisition. Consistent with the other goals and objectives of this Agreement, the Subrecipient shall ensure that it has taken all reasonable steps to minimize any displacement of persons {families, individuals, and farms} as a result of a project assisted with CDC funds. SECTION 7. GENERAL PR~VISIDNS. 7.1 Validity. lf, for any reason, any section, paragraph, subdivision, clause, phrase, word, ^r provision of this Agreement is head invalid ^r uncvnstitutiona! by final judgment of a court of competent jurisdiction, it shall not affect any ether section, paragraph, sub- division, clause, phrase, ward, 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 force and effect for its pur- pose. 7.Z Jurisdiction and Venue. The laws of the State of Texas govern and are appli- cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces County, Texas, where this Agreement was entered into and must be performed. l.3 Nvnexclusi~e 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 or identical to those enumerated in this Agreement, and nothing in this Agreement may be construed as prohibiting the Subrecipient from re- ceiving compensation from such additional contractual parties, provided that all other terms of this Agreement are fulfilled. Continuum of Care Agmt - CCMM Page 9 of 12 7.4 Modifications. Modifications to this Agreement are not effective unless signed by a duly authorized representative of each of the parties to this Agreement. Modifications which dv not change the essential scope and purpose of this Agreement may be ap- proved on behalf of the City by the City Manager. 7.5 Copies of Rules and Regulations. Copies of some of the rules and regulations referenced in this Agreement have been provided to the Subrecipient as evidenced by the 5ubrecipient's COC 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, yr policies not stated in Exhibit C does not waive the Subrecipient's compliance there- with as required by law. 7.6 Disclosure of Interest. In compliance with Section 2-349 of the City`s Code of grdinances, the Subrecipient shall complete the City's disclosure of ~nferesfs form, which is attached to this Agreement as Exhibit D, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. 7.7 Certification Regarding Lobbying. Subrecipient shall complete the Certifrcafion 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. [EXECL1TIgN PAGES FDLLgW] Continuum of Care Agmt - CCMM Page 1D at 12 Executed in duplicate originals this ~~ day of '-~~. , 2fl1Q. ATTEST: Armando Chapa City Secretary Appra~ed as to form: ~ , 2Q1 Q Eliza th R. Handley Assi ant City Attorney far the City Attorney CITY QF CORPUS CHRISTI i ~,~I,~.. ` g~! R. Escobar ity Manager ~ • ~~ ~ ~ ~~!llfFlt]Rf~£D S~CRE"f-lR1' ACFCNaWLEaGMENT STATE OF TEXAS § § KNgW ALL BY THESE PRESENTS: COUNTY DF NUECES § This instrument was acknowledged before me on , 2Q1 Q, by `Angel R. Escobar, City Manager of the City of Corpus Christi, exas municipal home- rufe corporation, vn behalf of tY~e corporation. ,~+"'~.~ l~Qt.f.YltOtlC,liTfltV - AfV CaAM+11S31QN IXPNiES ~ 24, 2412 Notary Publi , State a xas Continuum of Care Agmt - CCMM Page 11 of 12 SUBRECIPIENT: CARPUS CHRISTI METRO MINISTRIES, INC. Signature ~1 s1 ~ ~_~ Date Printed Name Title ACKNaWLEOGMENT STATE ~F TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY CF NUECES § This instr ent was acknowledged before me vn 261 Q, y aJ G , , in hislher capacity as the of Corpus Christi t inistries, Inc., a Texas non-profit corpvrativn, on behalf of the corpvrativn. .. ,--~ ~~:+fq",~ lAl1R~5A LYNH BARLIK ~ Afatary Aublic, 5tata of Texas ti *„~ My Commlasion Expires oaf ~~~~ MtatCh 04, 2611 Public, State Continuum of Care Agmt - CCMM Page i2 of 12 Applicant: City of Carpus Christi T}(-5D1 Project: TX-5fl7 -Rea -Carpus Christi Metro Ministries, lac. Rustic HQUSe T}COD23B6.101D8D2 Grant Number: T]COD2366J0'IaSU2 Award Amount: X180,285 Recipient: City of Corpus Christi, 1261 Leopard Street, Corpus Christi, Texas T8401 Tax ID#: 74-6000574 Project Name: TX-501 - Ren -Carpus Christi Metro Ministries, Inc. Rustic House Component Type: TH Official Contact Person: Mr. Eddie Ortega, Director of Neighborhood $erVICBs Email Address: eddied@cctexas.com Phone: {361} 826-3234 Fax: {361 ] 826-3011 2009 SUPPORTIVE HOUSING PROGRAM RENEWAL GRANT AGREEMENT This Grant Agreemen# is made by and between the United States Department of Housing and Urban Development {HUD} and the Recipient, which is described in section 1 of Attachment A, attached hereto and made a part hereof. Cansofidated Grant Agreement Paget D3108120iD Applicant: City of Corpus Christi Project: TX-507 - Ren -Corpus Christi Metro Ministries, Inc, Rustic House TX-501 7x0023B6JQ10802 The assistance which is the subject of this Grant Agreement is authorized by the McKinney-Vento Homeless Assistance Act 42 U.S.C. 71381 {hereafter the Act']. The term 'grant' or'grant funds' means the assistance provided under this Agreemen#. This grant agreement will be governed by the Act, the Supportive Housing rule codified at Z4 CFR 583, which is attached hereto and made a part hereof as Attachment B, and the Notice of Funding Availability {NDFA] that was published in two parts. The first part was the Policy Requirements and General Section of the NDFA, which was published December x8, 20Q$ at 73 FR 7954$, and the second part was the Continuum of Care Homeless Assistance Programs NDFA Section of the NDFA, which is located at http:llwww.bud.gvvlofficesladmlgrantslnofaQ9Jcvcsec.pdf. The #erm 'Application' means the original and renewal application submissions on the basis of which a Grant was approved by HUD, including the certifications and assurances and any information yr documentation required tv meet any grant award conditions. The Application is incorporated herein as part of this Agreement, however, in the event of conflict between the provisions of these documents and any provision contained herein, this Renewal Grant Agreement shall control. The Secretary agrees, subject tv the terms of the Grant Agreement, to provide the grant funds in the amount specified at section 2 of Attachment A for the approved project described in the Application. The Recipien# agrees, sub ect tv the terms of the Grant Agreement, tv use the grant funds for elig ble activlties during the grant term specified at section 3 of Attachment A. The Recipient must provide a 25 percent cash match for supportive services. The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which i# makes grant funds available. The Recipient agrees tv participate in a Ivcal Homeless Management lnfvrmativn System {HMIs] when implemen#ed. The Recipient and project sponsor, if any, wil# not knowingly allow illegal activities in any unit assisted with grant funds. The Recipient agrees to draw grant funds at leas# quarterly. HUD natifica#ions to the Recipient shall be to the address of the Recipient as written above, unless HU^ is otherwise advised in writing. Recipient notifications tv HUD shall be to the HUD Field office executing the Grant Agreement. Nv right, benefit, or advan#age of the Recipient hereunder be assigned withou# prior written approval of HUD. Consolidated Grant Agreement Page 2 p31Q812fltg Applicant: City of Carpus Christi TX-5Q9 Project: TX-5D1 - Ren -Corpus Christi Metro Ministries, Inc. Rustic House TxOg2386JU108p2 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 yr has financed this project through the use of the Low-income Housing Tax Credit. The Recipient yr project sponsor shall be the general partner of a limited partnership farmed for that purpose. [f grant funds were used for acquisition, rehabilitation or construction, then, throughout a period of twenty years from the date of initial occupancy or the initial service provision, the Recipient ar project sponsor shall continue as general partner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shah own the project site throughout that twenty-year period. if grant funds ware nat used for acquisi#ion, rehabilitation yr new construction, then the period shall not 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 shall constitute a default under the Grant Agreemen#. A default shall cvnsis# of any use of grant funds for a purpose other than as authorized by this Grant Agreemen#, failure in the Recipient's duty to provide the supportive housing for the minimum #erm in accordance with the requirements of Attachment A, noncompliance with the Act yr Attachment A provisions, any other material breach of the Grant Agreement, yr misrepresentations in the application submissions which, if known by HUD, would have resul#ed 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 ar more of the following actions: {a} direct the Recipient to submit progress schedules for completing approved activities; yr {b) issue a letter of warning advising the Recipient of the default, establishing a date by which carrectir-e actions must be completed and putting the Recipient vn notice tha# mare serious actions will be taken if the default is not corrected or is repeated; yr {c~ direct the Recipient tv establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or {dy direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or Consolidated Grant Agreement Page 3 a310812Q10 Applicant: City of Corpus Christi ~x_5ti1 Project: Tx-501 - Ren -Carpus Christi Metro Ministries, Inc. Rustic House TX4423B6J014$42 {e} reduce or recapture the grant; or {f} direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or {g} continue the grant with a substitute recipient of HUD's choosing; yr {h} ether appropriate action including, but not limited tv, any remedial action legally a~aiiahle, such as affirmative litigation seeking declaratory judgment, specific performance, damages, #emparary ar permanent injunctions and any other available remedies. No delay or omission by HUD in exercising any right or remedy available tv it under this Grant Agreement shall impair any such right or remedy yr constitute a waiver or acquiescence in any Recipient default. For each operating year in which funding is received, the Recipient shall file annual certifications with HUD that the suppvrti~e housing has been provided 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 more than 1 d percent of funds from one approved type of eligible activity tv another, or make any other significant change, without the prior written approval of HUD. Consolidated tarant Agreement Page 4 4314$12474 Applicant: Ciry of Corpus Christi 7X-501 Project: 7X-50'i - Ren -Corpus Christi Metro Ministries, Inc, Rustic House TXQQ2386Jfltt]8Q2 S[GNATLIRES This Grant Agreement is hereby executed as failows: LJNITE^ STATES DF AMERICA Secretary of Housing and lJrban 17eveiopment R.iehara L. Lot~z- Print name of signatory - '-'-' '-' rtie RECIPIENT City of Corpus Christi Name o rganization By. 3 "~~ ~~ a Aut arized Srgnature and []ate Eddie Drtega Print name a ignatory Director of Neight,orhood Services Title Consolidated Grant Agreement Page 5 fl31t]812Qt t7 Applicant: City of Corpus Christi TX-501 Project: TX-50'1 - Ren -Carpus Christi Metrn Ministries, inc. Rustic House T?00023B6Jt71D802 ATTACHMENT A 1. The recipient is City of Corpus Chris#i. 2. HUD's total fund obligation #ar this project is $16iD,255, which shall be allocated as follows: Leasing $a1 Supportive services $89,612 Operating cysts $83,1112 HMIS $fl Administration $T,831 3. Although this agreement will become effective only upon the execution hereof by both parties, upon execution, the #erm of this agreement shall rvn from the end of the Recipient's final operating year under the original Grant Agreement or, i# the original Grant Agreement was amended to extend its term, the term of this agreement shall run from the end of the extension of the original Grant Agreement term far a period of 12 mon#hs. Eligible costs, as defined by the Act and Attachment B, incurred between the end of Recipient's final operating year under the original Grant Agreement, or extension thereof, and the execution of this Renewal Grant Agreement may be paid with funds from the first operating year of this Renewal Gran#. Consolidated Grant Agreement Page fi Q31Q81207D PART 582-SHELTER PLUS CARE Sutapart A~eneral PART 582-SHELTER PLUS CARE Subpart A--General Sec. 582.1 Pw•posa nn~l scope. 58x.5 BaClnltl0nfi. SutsparF B-Assistance Provided 58.100 Program component dess:riptlans. 582.105 Rental assistance amounts and pay- ~nents. 582.110 Matching requirements. .582.115 LiinitAt.fcrns n1i assistance. :>82.120 Cnilsolic]ater] plan. Subpart C-Application and Grant Aword 58z.200 AppllCntian a3id #rant a«'ard. 532.230 CnFironmental i~:vie~v. 24 CFR Ch. V I4-1-09 Edition) Subpart d-Program Requirements 582.300 General opersstion. 5$2-305 13ons3ng i[uallty StalHlal'1ta; rent rFa- son ahlanes:;, 582.310 Resident rent. 582.315 Oc~npancy agreements. ~~32.320 Termi~rutlan of asgi, ranee to partiul- pan ts. 582.325 Qutreaeh acti~~it.les- 582.336 Noir[llscrimination and egna] vppvr- tnn ity regn[rementi. 582.335 Displacnn~ent, relocation, and real prvpert~ acquisltSan. 582.390 Qther Federal requlz'ements. 5ubport ~Adminlstrdtion 582.400 G=•ant agreement. F~F12.9D5 Program elranues. bH2,930 dhtlgat.ion and deoUligativn of fnn~le. AL*3'iiUliS1'Y: 42 U.S.D- 3.535fd1 and 11403- 11407b. :lauRCR: 58 FR 1:1892, Mar. 15, 1093, un]e.~s otherwise notxd- Subpart A-General 582.1 Purpose and scope. {a) Ccr~aerca7. The Shelter Plus Care program {$+C) ix autllvrlsed by title IV, subtitle F. of the Stewal•t B, AScl~innep Homeless Assisaance Apt [the MvKlllney Act) (92 U.S.C. 11403- 1140Tb1. S+G is designed to link rental assistance Lo suppvl•ttve xervic-es far hard-tv-serve hotnelesx persons with tlisa]]il3ties {primarily those who are seriously melltaEly 111; have chronic problems with alcohol, drug's, or both; or have acquired immunodeficiency syndrome {AYi]S] aria related diseased and their families. tale program pro- vides grants to be used for rental as- sistance for permanent housing for Nameless persons with disabilities. Rental assistance grants mast he matched in the aggregate by sup- portive services that are equal in value to the amount of rental assistance and appropriate to the needs of the papu- lation to be served. Recipients are cho- sen on a conlpetitive llasis nativllwide. {b) L'ontpanerats. Rectal assistance fs pt•oviticd thl•ollgh four components de- scribed in §582.100, Applicants may apply fot• Resistance under any one of the fout• components, ol• R calnbination. [58 PR 13892, lvIar. 15. 1'J93, a& amended at fir PR S11S9. $ept. 30. 1996] 238 Qfc. of Asst. 5e~y., Hamm. i'lanning, DeValgp., HUD # b82.S Definitions. The terms Fair :1~rtr~;et Rent {]%1~1RJ, Hf;i]_ Preblk• 1-lnusinr~ .4gency fPHd), l~a- rliurt Hausia~g AteEharit~ f1FJA), attd S'ec- rc tarp are defined in 24 CFR part 5. As used in this part: .4cquired imm~ratvdejicieatcr~ syr[rtrvm[r f.41DS) utzd rebated discuses has the meaning given in section 853 ^f the ADDS Housing Opportunity Act f42 U.$.C.12902}. App2tcrant has the meaning given in section 462 of the McKinney Act t42 u.s.c. 114038). F_1[gibie person means a hvmeloss per- son with disabilities tprimarily pet:sot~s who are seriously mentally ill; have chronic problems with alcohol, dru;s. or bath: or have AIDS and related dis- easesl and, if also hatneless. the fantilF of ouch a person. Ta be eligible far as- sistance, persons must be very low in- come. except that low-Income individ- uals naay be assisted under the SRO component in accordance with 24 Cri'R 8i3.105f b}. Flnmedc•ss or hnaaaeiess iaadividtta2 has the n}caninf{ given in section 103 of the McKinney Act• c42 U.S.C. 113021. Irarli[tai tribe has the lneaniltg given in section 102 of the Hvusiatg and Commu- nity Development Act of 1974 (42 U.S.C. 5302}. Lou income means an annual income trot in excess ^f 80 percent of the me- dian income for the area, as deter- mined by HUD. HUD may establish in- cvme lhnits higher or lower than DD percent of the median Income for the area on the basis of its f#ttding that such variations are necessary because of the prevailing levels of construction costs yr u~tusually high or law family incomes. Nuraprvfit vrganizuLi~an has the mean- ing given in secttvn 104 of the Ct•an- stvn-{lonzalex National Affordable Housing Act [.42 U.S.C. 127D4]. '1'he term nonprofit organisation also includes a community mental health center es- tablished as a public nonprofit organi- zation. Purficiparrt moans act eligible person why has been selected to participate in S+C, 1'ersnn ar~fth df-s[ebidities means a hause- hvld composed of one or more persons at least one of wham is an adult who has a disability. § 582.5 !1) A pea•son shall tie cansitlered tv have a disability if such person has a plysical, mental, ar emotional itnpair- ntent which is expected to be of lang- continued and indefinite duration; sub- stalltially impedes his yr her ability to live independently; and is of such a na- ture that such ability could itv ian- praved by more suitable housing anndi- tir]ns. (2} r1 person tivili also be considered to hate a disability if he or she has a de- velopmental disability, which is a se- trere, chronic disabllity titat- (i) Is attributable tv a mental ar physical impairment or cambitta,tinn o1' mental and physical impairments; fit} Is manifested hafore the person attains age 22; fiii] is likely to cantltiue ittdefi- ttitely: [iv} Results in substantial functional limitations in three or more of the fol- lowing areas of major life activity: (A} Self-care; f13} Receptive and expressive lan- guage; (C} Learning; [D) Mobility; fE) Self-direativn: (I~'] Capacity for independent 1lvittg; and iG} Economic self-sufficiency: and iv? Reflects the person's need for a combination and sequence of special. interdisciplinary, ot• generic rare, treatment, or athet° set'viaes which are of lifelong or extended duration and are individually planned and coordinated. [3} Notwithstanding the preceding provisions of this definition, the terra p[~rsvn avlfia dlsabidllies includes, except in the cftse of the SRp component, two or more persons with disabilities living together, one ar more such persons liv- ing wit11 another person who is deter- mined to be itnportat}t to their care or well-being, and the surviving member or members of any household described in the first sentence of this definition why were living, in a unit assisted under this part, wltll the deceased member of the hvusellold at the time of his or her death. [Isti any et=eat, wltlt re- spent tv the surviving member yr mem- bers of a household, the right to rental assistance under this part wilt Germi- nate at the end of the ~;ranG period 239 § 582.100 under which the de[+satxed rnemi~er was a Participant.} Ttecipiern[ means t-n applicant ap- proved to rcceive a S+(; graatt. Sertnus[I~ rn8'rr[u[!ij it[ has L•lte meaning rrit~en in section X182 of the It'1cKinney Act (42 U.S.C. 11403g~. Single roam occupr~stry (.sKn1 housing means a unit far occupancy by one per- svn, which need flat but may contain £oo[i preparation or sanitary facilities, or both. .5pun.sr~r• means a nonprofit ot~aniza- tion which awns ar leases tlwelling• units and has contracts with a recipi- ent tv make such units available to eli- gible homeless persons and receives rental assistance payments under the SRA cnrnpvnent. SLa[e has the meaning given in sec- tion 4fi2 of the 141cKinney Aat (42 U.S.G. 114038). Supporeit~e sert~tre l~rouider, nr ser~~fce prnzider, means a pel•son or organiza- tion licensed or otherwise qualified to provide supportive services, either for profit c)r ltot €ol• profit. .4u~rpoa•tia~e services means assistance that (f) Addresses the special nee[ls of eli- gihly petsans: an[1 (2] Provides appropriate services ar assists suali persons in obtaining ap- propriate services, including health care. mental health treatment, alcohol and other substance abuse services, child care services, case mana$•ement services, counseling, supervision, edt[- r-ativll. job trailting, and vtlter services essential for achieving .loci maintain- ing independent livilte. (Inpatient acute hospital care [ices not qualify as a supportive ser^ice.~. I.'reil aj 9enera2 Incrr2 •goa~cr+t~l~e.~~t has the meaning given in section 102 of the Ilousilig and Community Development Act of 1974 f42 U.S.C, S$p2}. 4'er[l fora-i~acorne means an annual in- come not• in excess of 50 percent of the median income for Glte area., as deter- mined by F1UD, with adjustments for smaller anti ]urger families. HUD may establish income limits higher yr lower than 50 percent of the median income for fire area vn the basis of its finding that such variations are necessary be- 24 CfR Cti. V (4-1-09 Edition) cause of unusually high yr low family inr-onles. [fil F'Fi 51169, Srpt. 30. 1996; tit FR 1353.9, Mir. 21. 1997] SuF~part B-AsSisft€nce Prodded § 582.100 1'mgram aompaneat descrip- tions. [a1 Tcrnant-bnsG~r2 rentu[ assis[ante {7'RA). Tenant-based rental assistance pt•ovi[ies grants For rental assistance which permit participatts to chvuse housing of an appropriate size in wlliclt Lo reside. Particlpants retain the rent- al assistance if they move. l~4'here ner.- essarp to facilitate the coordination of supportive services, grant recipients may require participants to live in a specific area For their entire period of participation or in a specific structure for the first year and in a specific area for the remainder pf their perind of participation. Recipients may not de- fine the area in a way that vielates the Fair Housing Act or the R-ehabilitatian Act of ]973. The term of the grant be- tween Hi]D and the grant recipient for 'PRA is five years. {h) PrajecL-bused reia![tl ussisla~ace {PI;A). Project-based t•ent•al assistance provides grants for rental assistance to the owner of an existing structure, where the owner agrees to lease the subsidized units to participants. Par- ticipants [lv not ret<'tin rents! assist ante if they move. Rental subsidies are provided tv the owner far a perind of ei- ther five yr ten years. To qualify far ten pears of rental subsidies, the owner must complete aL least S3,Q00 of eligible rehabilitation for each unit {including the unit's prorated share of work to be a[~evmpiished on common areas or sys- tnmsj, to retake the structure decent. safe and sanitary. Tltis rehabilitation tntlst he completed -vith in 12 months of the gt'ailt award, {c] Sy~ortsvr-based reratul ussislu-ue (Slid}. Sgonsor-based rental assistance provides grants for rental assistance through contracts between the grant recipient an[1 sponsor or8anizaGioils. A sponsor may be a private, nonprofit or- ganization or a community mental health agency established as a public nonprofit organization. Participants reside in housing owned yr leased by 240 ~fc, of Asst. Secy., Camm. Planning, develop., HUD T.lte sponsor. The term of the grant be- tween HUD and the grant recipient for SRA is fit=e years, fd) ,iTnderute rehubilitrztian rnr single rnrra~ nccupnru.7j dzo~~dtir~gs [SK{]). [1} The Sft[] (:ompnnent provides grants for rental assistance in rvnnection with the moderate relfabilitzztion of single rosin oc[;upa.ncy housing units. Re- svurces tv initially fund the cost of re- liabilitating the dwellings must be ob- tained from ^ther sazzrves. Howes er. rlie rental assistance covers operathog expenses of the rehabilitated SRC} units; occupied t7y hvmelehs persons, includ- ing debt sez•vice to retire the cost of the moderate rehab3lita,tion peer a ten- year period. {2) SRQ housing must he in need of moderate rvhahilitativn arsd must meet the requirements of 24 CFR 882.8D3(a}. Costs assvviated with rehabilitation of common az•eas may be inelude(t in the calculation of the cost for asstst~cd units based mi the proportion of the number of units tc he FLAS1fitP.d under this paz•t tv the total number oi' units. (3} $H,q assiatanc:e mFZy also be used for efficiency units selected for reha- l~ilitativn under this program, but the gz•oss rent [contz'a(:t rent plus any util- ity allowance) for those uezits will be no higher than for SRQ units (i.e., 75 percent of the D-bedroem Moderate Re- habilitation li'air Market Rent}. (4) The regttirement~ regarding main- tenance. operation, and inspections de- scribed in 24 CFR 882.808fb~(4y and 882.SD8(n} must be met. (5} Gaz.e~m.ing regartutinns. Except inhere thee? is a conflict with a3iy re- quirement under this part or where specifically provided, the SRO Conipo- neut will be governed by the red*ula- tivns set forth in 24 CFR part 882, sub- part H, 4582.LUli Rental assistance amounts and payments. {a} L'ligibie activi[r~, S+C grants may Lie used Por providing rental assistance for housing occupied by participants in the program and administz'ative casts as provided for in paragraph (ei of this section, except Ghat the housing may not lie currently receiving Federal funding for rental assistance ot• oper- , acing costs under ether 1-LUD programs. Recipients may desitrn a ltousin,~ pro- § 582.1 D5 grain that includes a range of housing types with differing levels of sup- portl[+e sezvices. Rental assist•anee may include security deposits on units in an amnnnt up to one month's rent. fb} ,3r+rnurat of the gr•u1iL. The amount of the grant is ba,4eri an the number and size of units proposed by the appli- ra,nt to be assisted over the grant pe- riod. The grant amount is c:alculateci by multiplying the number of units pral>vsed times the applicable Fair lllar>;et Rent (Fhift1 of each unit times the term of the grant. fc} Yrzyment of grant. {1} The gram: amount will be reser~;ed for rental as- sistance over the grant period, An ap- plic-ant's grant request is an estimate of the amount needed for rental assist- ance. Recipients will make draws from the reserved amount to pay the actual costs of rental assistance Tyr program participants. Far TRA, on demonstra- tion pf need, up to 25 percent of the total rental assistance awar[led may be spent in any one of the five years, oi• a higher percentage if approved by HLsD, where the applicant provides evidence satisfactory to I3UI] that it is fina~i- cially vvmmitted to providing the housing assistance described in the ap- plication for the full fide-year period. (2) A z•ecipient must serve at leant as many participants as shorn in its ap- plication. Where the grant amount re- served for rental assistance over the grant period exceeds the amount that will he needed to pay the actual costs of rental assistance. due to such factor as contract rents being lower than F14IRS and participants are tieing able to pay a portion of the rent, recipients may use the remaining funds for the costs of administering the housing as- sistanee, as described in paragraph Ee) of this section. far damage to property, as described in paragraph (f] of this section, for covering the costs of rent increases, or for servin~q a great num- ber of priz•ticipants. (d} i•'aca~acies. (1} If a unit assisted u3zder this pa1•t is vacated before the expiration of t'he vccupsancy agreement deseriEJed in §582.315 of this part, the assistance for the unit may continue for a maximum of 30 drays fz'om the coil of the monilz in which the unit was va- cat~d, unless occupied by another eligi- ble person. I~lv ad(iitional assistance 241 § ssz. ~ i o will be paid until the unit is occupied lly another eligible parsoal. [2] As used in this lraragragh sd~, the term ~`VaCate" does not include brief periods of inpatient care, not t•o exver:d 9l] clays for each occurrence. (e~ .-ldmiraistrnltve costs. [I} €rp Go eight perrent of the grant amount nlay be used to pay the e--acts of administering the housing assistance. Recipients may contract with another entity ai~praved liy H[117 to administer t11e lrvusing as- sistance. l2} Eligible administrative activities include processing 1•ental payments Cv landlords, examining participant i11- cnme and family cvnrpositivn, pro- ->irling housing information and assist- ance, inspecting units for compliance wit•1111ousing quality standards, and re- ceiving Veto the program new pa.rtici- panta. This administrative allowance does ~LOt include the cost of a[lnlin- istering the sugporti~=e servi~±es or the grant {e.q,, costs of preparing the appli- cation, reports yr audits required by Hi]D), which are not eligible activities under a S+C grant. !f? Prvpertfs damugc. Recipients; may use grant funds in an amount up to ono mouth's rent to pay for any damage to housing due to the action pf a partici- pant. 158 FR 13892. h1a.r. l5. 1993, as amended at. Bl N It 5117U. selrt. 30. 1998] 6$2.110 Matohtng requirements. {a} d~nfr3ttrty rental ussis[anre tsr{fit sts~artive servtces. (1] Tv qualify for rental assistance grants, an applicant must certify that it will provide yr en- sure the provision of supportive sely- ices. Including funding the services itself if the planned resources dv noG become available for any reason, ap- propriate to the needs of the popu- lation Being servers, and at ]east equal in value to the aggregate amount of rental assistance funded by HiJI7, The supportive services may ]re newly cre- ated for the program yr already in op- erativn. and play tre prop>lded yr funded by other Federal, State, local, or pri- vate programs in accordance with 92 U.S.C. 119flSb. 'i?Lis statute provides that a rec-ipiellt may nse funds from any source, including any other 1F'ed- eral source tout excluding the specific statutory subtitle from which $+C 24 CFR Ch. V (4-3-09 Editfon) funds t[-re prvviaed}, a.s well as State, local, an[1 private sources. pt•vvided that• funds from the other source are not statutorily grohihited tv ire used a.C a match. (2} r7n]y selwices that are prvvfded after the execution of the tyrant agree- ment may [:punt toward the match. !3) It is the responsibility of the re- cipient tv ensure that any funds or services used tv satisfy the matching requirements of this section are eligi- ble undor the laws governing the funds or services to Ue used as matching funds yr services for a grant a-val•ded under this program. rkr) .9t>ailubilit;! tv p~rliciprsnts. Recipi- ents must give reasonable assurances that supportive selvlces will be avail- able to pal•ticipatlUs for the entire term of the 1•ent[e,l assistance. 'I'ha value of the services providedi Yv a participant, however, lees oat have to equal the amount of rental assistYutce provided that participant, nor does the value have to be equal to the amount of rect- a] assistance an a year-tv-year basis, rc} Ccslc7rlutirlg the l;uluc n~ suppnrFPze services, In valculating the arnoulat of the matching supportive services, ap- plicants may caullt: (1) Salaries paid tv staff of the recipi- elet tv pl•oride supportive services to 8+C participants; {2} T11e value of supportive services provided by other persons or organiza- tions to S+C participants:; (3} The value of time slid services contributed by volunteers at the rate of SIU.QD an hour, except for donates professional services which may be counted at the rustvmary charge far file service provtded (professional serv- ices are services ordinarily performed lry donors for payment, such as the services of health professionals, that are equivalent tb the services they pro- vide in their occupations); f9] The value of any lease on a build- ing used for the provision of supportive services, provided the value included in the match is no more than the prorated share used for the program; and (5} The cost pf outreach activities, ass descritred in §5$2.325(a] of this part. [58 FR 13898, Mar. 15, 1993, a: amended at ±3 FR 75335, 17ep. 11, 2U08] 242 Otc. of Asst. Secy., Comm, Planning, De~efiop„ HUD ~ b82.llb 1,imifativns vn sssistanee• [a) Cur?'er-t vccunnn[s. Current occu- pants of the real property are not eligi- ble for a.sistance under this part. How- ever. as described in §5$2.3`35, persons displaced as a direct result of acquisi- tion, rehabilitation, or demolition far a project under rile fi+C proga'ana are eli- gible for and must be provided relara- tion assistance at Uniform Relocatlnn Act levels. [b1 Amptrnt of assistance pa-vvrded u~iL7r- irz a jurisdicfiwa. HUD will limit the armvunt of assistance provided within the jurisdit:tion of any one unit of focal government tv ~av inure than 10 percent of tl~e amount available. {c1 FuiLh-8rrsr:d actit+iEies. {I) Org3niza- tinns that are religious yr faith-based are eligible, an the sam8 basis as any other organization, to participate in tlae S+C program. Neither the federal government nor a State or local gvv- ea~nment receiving fun+ls under S+C programs shall discrimiiaate against an organization vn the basis of the orgaaai- zation's religious character yr affili- ation. r2) ~aganizations that are directly funded under the S+C prograan may not engage in inherently religtous activi- ties, such as warship, religious instruc- tion, or proaelytizatian as part of the programs ar services funded under this part. If an mgalaizativn conducts such activitie$, the activities must be of- fered separately, In time aa• lacat'ion, from the programs or services funded under this part, and participatiola must he voluntary for the hsneficiaries of the HUD-funded programs yr services. {$] A religious arganizativn Ghat par- ticipates in the S+G program will rs- tain its independence from Federal, State. and local governments, and anay continue to carry out its mission, iaa- cluding the definition, practice and ex- pression of its religious beliefs, pro- vided Ghat it does Hat use direct S+C funds tv support any inherently reii- givus activities. such as worship, reli- gious instruction, or prvselytizativn. Among other things. faith-based vrga- nizatious map use space in their facili- ties to provide S+C-funded services, without removing religious aa•t, icons, scriptures, ar atlier religious symbols. In addition. an S+GMinded religious or- g'anizativn retains its authority aver § 582.1211 its internal governance, and it• may re- tain religious terms in its arganiza- tivn's Hanle, selert its board members nn a religions basis. and include reli- gious references in its organizat•ion's mission statements and other gov- erning documents. {4) An organization that partivipates in the S+C program shall not, in prv- vi[ling program assistance, tliscrimi- nate ag'aialst a program beneficiary ar praspaecGive pragxana beneficiary oaa the Basis of religion or religious belief. {5) If a State yr local gaveriament vol- untarily Gnntributes its own funds trr supplement federally funded activities, the State or local government has the option to segregate the Federal iLauds va' cvntmingls them. Howevea•, if the Elands are camminglecl, this section ap- plies to a,ll of the camm3ngled funds. {d) Mairi[enance. aj ejjorf. No assist- ance reveirsd under this part tar any State nr local gavernanent funds used to supplement t•lais RsSistanCei may be used to replace funds provided under any State or local government assist- ance programs previously used, or des- ignatetl far use, to assist persons with riisal~ilities, homeless persons, na• homeless persons with disabitities. E58 FR 13892, Afar. lb, 1993, as amenrleti at 68 FR 5G9D7. yept. 30.30Q31 8 688.12D Cansalidaferl plan. {a) ~ipplirurZ[s ChuE ure Slates ar tr9ti[S ^j perxeruL local goreraafnerat. The appli- cant must have aHUD-approved cvnl- plete ar abbreviated consolidated plan, in accardailce with 24 CFR pare 91, and must snhmit a certification Chat the appltcatiou for handing is consistent with the HUD-approved consolidated plan. Funded applicants must certify in a grant agreement that they are fol- lowing the HUD-approved consolidated plan. If the applicant is a State, and the project will be located in a unit of generRl local government that is rs- galired to have, or has, a c-omplete con- svlidated plan, or that is applying far Shelter Plus Cars assistance under tlae same Aiotice of Fund Availability tN~FA) and will have an abbreviated consolidated plan with respect to that application, the State also must sub- mit a certification by the Holt of f;sn- erai local government that the State's application is consistent, cvith the unit 243 ~ sas.zna of general local gpvernment's HUD-ap- praveci rnnsolidate[i plan. {}~} ipp[fcan[s that ore +aat S[a[es yr urt#[.s r~! gcnaerat [acr+[ qut~+:rrlnae+l[. The applicant must sulrnlit a certification try the jurisdiction in which the prv- pored project will be lor•atrd that the jurisdiction is following Its HU]?-ap- proved consolidated plan and the appli- cant's applicatlan for fullcling is con- sistent with the jurisdiction's HLID-ap- praved consolidated plan. The certifi- cation must are lnade by the u11it of general local g~ovel7•rment or the State. in a[:cvr[lance with the consistency cel•- tification provisions of the consoli- dated plea regulations, 24 CFR part 31, subpart F', (c1 Irldiuu [vibes arad [lxe fnsu[aT~ Areas rrf GtrrTTr:. tl:e L'.S. Virgin Iti[aiarls, eimer- ica+l Snmua, and the :Vnr[1u:rn Nlar#unce Is[aatr[.s. These entitles are not required tv have a consolidated plaal or to make consolidated plan certifications. All ap- lrlicatlpn by an Indian tribe or other applicant for a project t11at will by l~- cated oil a reservation of an Indian tribe will oat require a ^ertification by the tribe or the `3taty. Howevel•, where an Indian tribe is the applicant far a project that will not be located vn a reservation, the requirement fora cer- tificn,tian ender pat•agraph {bJ of this section will apply, [d) 7Yn+ing aj consol#dnLert p2u+t certtj#- crtt#Drl su8rnfsstvns. Unless otherwise set forth in the ldpFA, the required vertifi- catian that the application for funding is consistent with the HUB-alrprovvd consolidated plan must be stthmitted by the funding appllcatioll suhtnission deadline amlounced in the NOFA. [60 FR ley, Mar. 30, 18y5J Subpart C-Appiicativn and Grant Award 582.200 Application and grant award. fa) Ftevfew. 4tihen f<Tnds are made available for assistance, HLID will pub- lish a Notice Uf fund availability in the FRIII?1;AI. 1~.RGISTRIt in Sccorda-ace with the requirements of 24 GFIZ pal•t 4. Ap- plicativns will be reviewed and screened in accordance with the lruide- lines, rating criteria and procedures published in the +lotice. 24 CFR Ch. V {4-i-[i9 EdHion) !h) Rutfnp cv![eriu. HUD will .+.ward funds ba,4e+i on the criteria specified in section 455[a}(ll thrvugll {3S} of the 31cICinlley Act (42 U.S.C. 114U3d11}-- 114U$[l(8)) and nn the following criteria authvrise[i by sr;otion 455[a)ffl] of the 1t4cltinlley Act {92 U.B.C. 114R3d{g}y: (11 The extent to which the applicant has demonstrated coordination with other Federal, State, local, private and other entities serving homeless persons in the planning and operation of the project. to the extent practicable: [21 Extent tv which the project tarr- gets homeless persons living in enTer- gency shelters. supportive housing for homeless pet:5ans, ol• in places trot de- signed for, or ordiltarily used as, a reg- ular sleepina* accnntntv[lativn far human beings; l3} @uAlity ^f the projeot; and [4] Extent to which the program will serve homeless persons wh^ are seri- ously ment<31iy ill• have chronic a3co- hol altdrvr drug abuse problems, or have AIDS and related diseases, (App+~mL~ by the Ofiic-e of Rianagement and Bridget under control number ?a06-0118} [Bl FR 51170, Selrt•. 3v, 1886] ~ 882.230 Environmental review. !a) Activities under this part a.re guh- ject tv HUD environnienta,l regulations in part 58 of this title, except that HLID will perform an envirallnTental review in acevt'datlce with part 54 of this title prior tv itfs approval of ally r•vn[ii- tionaily selected applivations from PHAs for Fiscal Year 2000 and prior years for other than the SRp cvmpv- nent. For activities under a grant to a PHA that generally would ire fiubjevt tc review under part 58, HUD may make a finding in accordaalce with g58.llcd}and may itself perform the ellvironmentAl review under the provisions of part 50 of this title if the recipient PHA ^h- jects in writing to the responsible enti- ty's perfornlillg the review tinder part 58. Irrespective of whether file respon- sible entity In accord with part 58 (or HUD in accord with part 50} performs the env iranmentAl re-•iew, the recipi- ent shall supply All available, relevant infornlativn neeessaly for the respon- sible entity (ar HUD, if applicable) to perform for etch property Any environ- mental review required by this }cart. 244 Pfc. of Assf. Secy., Carnal. Planning, Develop., Hl1D The recipient also shall cat•ry out miti- gating measures 1'PCik11I'ed by the re- sponsible entity tar HUb, if applicable] or select alternate eligible property. HUI] may eliminate from consideration ,uly tt,pplicati[fn that would require an Enr~ironlnental Impact Statement f EIS]. (b) 7.71e recipient, its project partners and their contractors may not acquit•e, reltabilitate, convert, lease, repair, dis- ease of, demolish, yr rollstruct prop- erty for a project under this part, or cvmtnlt yr expend HUD a1• local fonds for such eligible activities under this part. until the responsible entity (as rtefinerl in §58.2 of this title] has com- pleted the environmental. review proce- dures required by part 58 and the ettvi- ronment;t,l certification and RR(]F have kreen appro4ed yr HUI] has per- forlned an environmental review under part 50 and the recipient has re[:eived HUD approval of the property. F-IUD will not release grant fund+~ if t11e re- cipient or any nthel• paI'ty commits grant fltnds fi.e., ini:urs any casts or ex- penditures to be p;~id cr I•elml)ursed with such funds} before the recipient submits and HUl7 approves its RROF [where such submissiml is required}. fEie FR 56130, Sept. z9,'lAD3] Subpart b-Prvgrarn Requirements 4 G88.3D0 General operation. (a} Par[iciput[wa v~ ]LOme2ess i+adis~id- uuts. [11 Each revipient must prv-ide for the consultation and pat•tiripatioll of not less t•11an one ]lomeless indi- vidual or formerly homeless individual on the hoard of direetvrs or other equivalent policy-making entity of the 1•ecipiellt. tv the extent that• t11e entity considers and makes policies and dert- sians regarding any housing assisted [ender this part yr services for the par- ticipants. 'i'11is requirement is waived if the applicablt is unable Gv meet the re- quirement anti presents a plan, which HUI3 appraees, tv otherwise cvnsttlt with homeless or formel•ly homeless In- dividuals in considering and making such policies and decisions. Participa- tion by such an individual why also is a participant under the prvgxam does not'constitute a conflict of interest under § 582.3401 b} of this part. § 582.3D5 f2] Tv the maximum extent prac- ticable, each recipient must involve ]LVmeless Individuals and families. through employment, t-nlunteer seI•v- ices, or otherwise, in constructing or rehabilitating housing assisted under this part atld in providing supportive sert~ires required under §582.215 of this part. fb) Dngninq assers+ra[~nf riJ hvusir+q and s1+pq~ar[iae se+~z.+tces. ];ach recipient of as- slstanve Lnnst conduct an ollgoing as- sessment of t11e housing assistance and supportive services required by the pa.r- ticlpants, and make ttdjusttnellts as ap- propriate. (c} Adequaee srrppor[iae serv[ces. );ach recipient must assure that adequate supportive services are +tvail.tble to participants 111 ilia prc]{I•am. {d} Records rrnd renvr[s. (1} Each re- cipient nutst keep any records and, within the tlmcfY'ame required, make any reports (invluding those pertaining to race, ethnicity. gender, and dis- ability status data] t11at HIID anay re- quire. (2) Eac11 1ecipient must keep on file, and make available to the putulic on re- tlttest', a description of the procedures used to select sponsors under the SRA rvmponent anti buildings under t11e SRD. SRA, and PRA components. [3} Each recipient must develop, and make available to the public upon re- quest, #ts procedures for managing ilia rental hausirl}f assistance funds pro- ^icled by HUD. At a minimum, sut;11 procedures must clescl•ibe how units will be iitentified and selected; how the 1•espanaihiiity for inspertivns will he handled: the pI•acess f'or ~ievidillg w11ic11 unit a participant will ^ccupy; how Participants will be placed in, ar as- sisted in finding appropriate housing; how 1•ent ctt~lculations will he made and the amount of rental assistance pay- ments determined; and what safeguards will be used to prevent the misuse of footle. fApprovc2d U~ idle pffice of Management and EudgeG under control numUvr ~SDfr-0l18] 158 FR 13892, hixl•. 15, 1993. ss a~nendecl at 61 FR 51171, Sept. 3U, 19961 § S$S.3D6 Housingg quality standardR; rent reasnna611enegs. la] Nousinq quaiiEp stu+udrards. Housing assisted under this part must meet the 245 §~s~.sia applicable housing duality standat•cis IIIQS] under §982.•3U1 of this title--ex- cept that §:182.~01(j] of this title does not apply and instead part 35, subpai•ta A, 13, K and R of this title apply-~ancl, far SRQ under §882,8f13(b} of this title. Betvre any assistance will he provided on behalf of a participant, the recipi- ent, al• another entity acting on behalf of the recipient (other than the ^wnrr Uf the housing}, must physically in- spect each unit to assure that file unit meets the IIQS. Assistance will not be; provided for units that tail t•o meet the NQS, unless the owner corrects any de- ficiencies within 30 days from the elate of the lease agreement and the recipi- ent verifies that all deficiencies have bean corrected. Recipients must also inspect all units at least annually dur- ing the grunt period to ensure that the units continue to meet the I-I~1S. eh] Rent reasaraa6de~ress. HUD will only provide assistance for a unit for which the rent is reasonable. For '1'RA, PRA. and SRA, it is file responsibility of the recipient to determine whether the rent charged for the unit z•eveiving rental assistance is reasonable in rela- tion to rents being charged for com- parahle unassisted units, taking inL<~ account file location, size, Lype, qual- ity, amenities, facilities, and manage- ment anti maintenance of each unit, as well as not in excess of rents curl~ntly 1~eing charged ry t}le same owner for comparable unassisted units. For SRO. z•ents are calculated itz acxordance with 24 CFR 882.805[gl. L.`~ FR 13893, M[u•, 15, 19fl3. acs amended at 61 Flt 511"el. Sept. 30. 199&; (i-i FR 5U'236• Sept. 15. 139] p b82,310 Resident lent. [r] Arrtvrrnt of rent. 3±;aci] participant must pay rent in accordance with ser.- tivn 3{a)(1) of the 17.5. Housing Act of 1937 (92 i7•:3.C. 1437a{a.){]}), except that in determining the rent of a person oc- cupying all intermediate cal+e facility assisted under title XII of the Serial Security Act, the gross income of this pel•san is the same as if the person were being assisted under title 3CVI ^f the SUCial Security Act. (~} carcxrracirr~ lnrarrle. tl] Income of participants must he calculated in ac- cordance with 2•i CFR 5.608 and 24 CFR S.Gllfa). 24 CFR Ch. V (d-1-09 EdtFlan) f2] Recipients mull; examine a par- ticipalkt's income initially, and at least annually thereafter. to determine the amount of 1•ent payable by t•he partici- pant. Adjustments to a }za.rticipant's rental payment must be oracle as nec- essa ry, (31 As a condition of partit:ipatlvn in the proKl'am. each participant must agree tv supply the information nr doc- umentatioll necessary to vel•ify the participant's iltcome. Participants must yrovisle the reciyient ilkformation at any time regarding chaltges in in- come yr other oircumatances that may result in changes to a particlpazyt's rental] payment. lfi8 Fk G`d25• San- ]9. +'{lfJl] 4 682.3X6 Qecu}~aney agreements, fa] 7rtiLia2 c+csupckn~]j ugrec~rncrnt. Par- ticipants must cuter into an occupancy agreement far a term of at least one month. The occupancy agreement must he automatically renewable upon expi- ration, except vn pl•ioz• not3re hr either party. (b] Terrrrs of rtgreemcnt. In addition to standard lease provisions, the ^ccu- pancy agl•eemvnt may also inalucle a provision 1•etluiriug the participant to take part in the supportive services provided through the program as a con- dition of continued occupancy. # b82.324 Termination of assistance to Participants. [a) Tenni~aatiu>z df assistuax~e. The re- Cipierit may terminate assistance to a participant wh^ violates program re- quirements or r-onditions of occupancy. Recipients must exercise judgment and exan]ine all extenuating circumstances in determining when violations are se- rious envu~h tc warrant termination. sv that a participant's assistance is terminated only in t•lle mast severe cases. Recipients are nvG prvlli#ited fl•oln resuming assistance to a partici- pant whose assistance lies been termi- nated. Lh] I]ue process. In terminating assist- ance to a yal•Gieipant, the reclpient must provide a formal process that rec- ognizes the rights of individuals receiv- ing assistance t~o due process of law. This process. at a minimum, must con- sist of: 246 Cfc. of Asst. Secy., Comm. Planning, per+elols., FEUD [1} Written nvti~e to the pan'tic;ipant cnnta.ining a clear statement of the reasons for termination; (2i A review of the clei:ifiion, in which the participant is given the oppor- 1:unity to presettL written or oral objec- tions before a person other than the person i or a subor[linate of than porQan) who made or approved the termination decision; and [3f Prompt written notice of the f1na1 rtecisian to the participant. 4582.326 OutrEach activities. Recipients must use their hest efforts to ensus•e that eligible hard-to-reach persons are serve~t by S+L'. Recipients are expected to make sustained efforts to engage eligible persons sv that they map he brought into the program. Out- reach should b[: primarily rlii•er.ted to- ward eligible persons who have a night` time residence that is an etnergenoy shelter or a public or private place not designed for, or ordinarily used as, a regular sleeping accotntnarlation for human beings (e.g., persons living in cars, streets. and parks!. Outreach ac- tivities are considered to be a srtp- portive setvi[:n, and the value of su[:h activities that occur after the execu- t.iou of the grant agreement may he in- cluded in meeting the matching re- [luiretnen t. §582.33D Nondiscrimination and equal rappartunity requirements. [a} Gereerr[f. Recipients may establish a preferenr•e as paa•t of their admissions ln•ocedures for ono or more of the statntorlly targeted populations ~i.e., seriously mentally ill, alcohol or sub- stance abusers. nr pei.4ons with AIi7S and relater! diseasess. However, oilier eligible disabled 1omeless persons must be coetsiderecl for housing rle- Slglled far the target population nttless the recipient can demonstrate that there is sufficient drmand by the tar- get population for the units, and other eligible disabled homeless persons would not benefit from the primary supportive services provided. rb} Comg~liuiu•e u:ifla rerluirerneatfs. [1} In addition to the nondiscrimination anti equal opportunity requirements set forth in 24 CFR part 5, recipients servll3g a designated population of § 5$2.330 homeless persons must,, within the des- ignated population, onmply with the prohibitions agai~ifit discrimination ajgainst han[iinapped individuals under section 543 of the Rehabilitation Ac•t of 1f173 (29 1T.S,C, 'T94} and implenlentinr~ i•eguiatlnns at 41 CFR i.hapter F~741. !2} The nondiscrimination alai equal opportunity requirements set forth at• part 5 of this title are mollified as fol- lows: (i} The Indian Civil Rightfi Act (25 U.S.C. 1301 et serf. } applies to tribes when they exercise their powers of self- go~~ernment, and tv IHAs when esta~- lished by tha exercise of such pawe~•s. When an IHA is est<~,hlished [order State law, t•he applicability of the In- dian Civil Rlght~? Act will he deter- miued on a ease-hy-case basic. Projer-ts subject to the Indian Civil Rights Act must 13e developed and vparated in compliance with its provisions an[l all implementing Hi3A requirements, in- stead of title VI anti the Fair Hauling Act and their implementing regul:t- ti vns. iii] [Reserved] [c] .4fjirmce[ia:c arc[rercch. {1} If the pro- cedures that the recipient intends to use to make known the availability of the program are ttnlil:ely to reach per- sons of any partic-ulcer race, color. reli- gioat. sex, age, national origin. familial status, or handicap who may qualify for assistaasee. the recipient must es- tablish additional procedures that will ensure that interested pec:sans can ob- tain information concerning the assist- ance. (2} The recipient must adapt proce- dures to make available infarmaLion on the existence acid locations of facili- ties and services that are accessible to persons with a ltalirlicap and maintain evidence of implementation of the pro- cedures. (dy 'Fhe accessibility requirements. reasonable modification, and aceam- inodatioit requu•ements of the Fair Housing Act and of section 5W of the Rehabilitation Act of 1973, as amended. [.58 FR 13893, blot. 15, 1993, as amondal at GL PR S31~. Feb. 9. 199G] 29? § 592.335 # 58~.&3S Displacement, relocation, and real property acquisition. [ai Mftafmt4f~Ig dls1a2r~cr-menE. Con- sistent with the ot31er goals sold 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, nonproiit organfzatinns, and farms} as a result of suppartive llcusing assisted under this part. Sbl I?elocutfon ass3stQraca~ jor displaced px~rsarzs. A displaced peI•son cdefined in Paragraph [f) of this section] must he provided relocation assistance at the levels described in, and In accordance with, the requirements of the Uniform Relocation AssiRtauce acid Real Prop- erty Acquisition Policies Act of 197(1 (URA) {42 U.S.C. i601~fi55] and imple- menting regu€atiolfs at 4a CFR part 24. cc) Heat gr~perfy acrfeefsitinn regtcire- rnenfs, The acquisition of weal property for setppva't•ive housing is sub.iect to the L11;A and the regnirenients described in 49 (:>! R part 29, subpart 13, [d1 Respansfbi2ft~ p~ reripierat. (1} T11e recipient must certify (i.e., provide as- surauce of compllaltce} that it will comply with the URA. the regttlativns at 49 CFR part 24, and the requirements of this section, and must ensure such compliance notwithstanding any third party's contractual obligation to t31e recipient to Comply with these provi- sions. t2] The rust of required relocation as- sistanvv is an eligible project cast 3n the same manner and to the s~~me ex- tant as other project costs. Such ousts Ftlso may be paid for with lnca€ public funds ar funds available from other sources. (3] The recipient must maintain records in sui'ficient detail tv dem- onstrate celnplianc+e with provisions of this section. (el Appeals. A person why disagrees with the recipient's determination cnn- cerning whether the person qualifies as a •'displaced person," or the amount of relocation assistance for which the 1}er- son is eligible, may file a written ap- peal of that determination with t11e re- cipient. A low-income person who is dissatisfied with Ghe recipient's deter- mination on his or her appeal may sub- mit awritten request for review of that determination to t•he HUD fie€d office. 24 CfR Ch. V t4-1-09 Edition) li] Ue~fnitinre rif rli.spfrece~d prrsnn, fl} For purposes of this sertlvn, the tPI'nl "displaced peI'svn" mva~as a person (family, ilulividual, business, nonprofit ol'dariizativn, or farm] l:]lat moves from real property, or moves personal prop- erty from real property permanently as a direct result of acquisition. rehabili- tation, qr delolition for suppartive ltausing project assisted under this part. The term ''displaced person" in- c]ucles, but (nay not be limited tn: fi] A person that moves permanently from the real pI•operty after the proP- vrty ownel• Ior person in control of the site} issues a vacate nptive or refuses to renew an expiring lease, if the mo~'e occurs vn nr after: (A) T11e date that the recipient snh- mits to Hi117 an application for assist- ance that is later approved and funded, if' the recipient has contrnl of the prvject• Site: or {I3} The elate Ghat the recipient ab- tains control of the project cite, if such contrnl is obtained after the submis- sion of the application to HUD. (13} Any person, including a person who moves before the date described in pat•agraph ff){llfi} of this sectiotl. if the recipient ar HUD determines that the dlsplac:ement resulted directly from ac- quisition, rehabilitation, vt' demolition For the assisted prvject. (iii) A tenant`occuparlt of a d~vvlling unit who moves permanently frotn the buildinglcomplex on or after the date of the '•initiation of negotiations" [see paragraph fig] of this section} if the moo a occurs before the tenant h.ts been provided written notice offering him m• her the opportunity to lease Rnd oe- cupy a suita6lc, decent, safe and sani- t3ry dwelling in the same huilclirlg~ complex, under reasonable forms atnd conditions. upon cvmp]etion of the prvject. Such reasonable terms and cvnditiatls must 3ltclttde a monthly rent and estimated average ~nottthly utility costs that do not exceed the greater of: tAi I`he tenant's monthly rent before the initiation ^i' negotiations and esti- mated average utility costs. or tlil 30 percent of gross household in- come. If the initial rent is at yr near the maximum. there Inust he a reason- able basis far concluding at the time 248 tic. of Asst. 5e~y., Cnmm. PlQnning, De~elap., HUD the project is initiated that future rent increases will he modest. fin} A tenant of a iiwelling who is re- quired tv relneate temporal•ilp, but does not return to file lyuilclinglcam- l~lex. if either: f Al A tenant i3 not offered payment foI• all I•easonaUle out-vf-packet ex- penses incurred in tsonnection with the temporary relocation, or fIi) other conditions of the teln- pa1•:rI•y relocat•fola are not reasonable. rv} A tenant of a dwelling why manes From the huilcling~complex peI•ma- uelltkv :Iftel• he vl• she 11as been re- quired to move tv another unit in the same buildillg,complox. if ci thrr: {A} The tenant is not offcrrd reim- bursement for ail reasonable out-at'- packet expenses incurred in connection with t•11e move; or fE31 Other i;onditiolls of the mane :ire not reasonable. (2} Notwithstandi»g the prn~ision~ of paragrlph [fl(1} of this section. aper- snn does not qualify as a "displaced person" {cud is not eligible tar reloca- tion assistance undel• tale i11LA ar this sactian ~, if; (i 1 The person has been er-icteti far se- rious or repeated violation of the te1•nts and candit•ions of the lease or occu- pancy agreement, violation of applica- ble Federal, State, or local or triUal law, or other good cause, and HUD de- termines that the eviction was not un- dertaken for the purpose of ev[-ding the oUiigativn to provide relocation assist- ance: (ii] T11e person moved into t]><e prop- erty alter the suUniission of the appli- cation and. Uefore signing a lease and comment••ing occupancy. v<~as provided written notice of the project, its pas- SiUle impact an the person ce.g.. the person may Ue displaced, temporarily relocated, or suffer a rent increase) and the fact that the person would not gna3lfy as a '`displaced person°' for for any assistance provided under this sec- tion], if the prajeot is approved: (Ili) The person is ineligible undel• 49 CF 17. 24.2{g)f.21; or (iv] HUD determines that the person was 11vt displaced as a direct result of acquisition, rehaUilitation, or delnoli- tian for the project. (3] The }•ecipietlt map request, at• any Lime, HLID's determination ^f whether § 582.3417 a displacement is or would be covereti under this section. {g) DcfErt[tion of initialion nj negniin- [in:I.s. Far purposes of cle-teI•Inining the formula for computing the replacement housing assistance to be provided to a residential ttsnant displaced as a direct eesult of pri~atelp ulldert-aken rellabili- tativn, demolition, oI' acquisition ^f the real propel•ty, the term "initiativll of ISegotiations" means the execution oi' the agreement between the recipient and HiJD. ar selection of the project site, if later. ]f f588.34U Dther Federal requirements. In addition to t11e Federal retluire- nteuts set forth in 24 CFR part 5, the fallowing recsuirements apply to this progl•atn: {a) g14il3 Circulars.i [1) The policies, guidelines, and requirements of OMB Circular No. A-8'T (Cast Ft•inciples Ap- plicable to Grants. Gvntrae~ts anti t)ther Agreements with State and Local Gav- ernments} atzd 24 GFft part 85 apply to the acceptance and use of assistance under the program Uy govelzlmenta] entities, and CMS Circular Nas. A-11{] [Grants and Cooperative Agreements v<ith Institutions of Higher Education. Hospitals, and Other Isanprvfit DI'gani- xationr} and 24 CFR part 84 and A-122 {Cast Principles Applicable to Grants, Contracts and Other Agreements with Nonprofit Institutions) apply to the ac- ceptance and use of assistance by pri- vate nonprofit organizations, except where inconsistent with provisious of the McKinney Att. other Federal stat- utes, nr t11is pa1•t. {2) T11e financial management sys- t.ems used by recipients under this pI•o- g•ram must provide far audits in ac- cordance with the provisions of 24 GFR part 94. Private nonprofit organiza- tivns w11^ are suUret~ipients are stlbjert to the audit requirements of 24 CFR part 45. HUD Inay perform nr require additional audits as it finis neaessal•y 01• appropriate. {U} Coraj[ict aj iaalerest. t1J In addition tv the cvnflir•t of intel•est requirements 1 Copley of l7AiB Cls~culnlx ma]° be obtained from ~;.t7.P. Yubllcattons, room 2200, I+iew Ex- er;uGive (3ffir;e Building, Wasliingtntl, I]L' ^D5Q3, telephone (202) 395-;332. iThis 3x not a toll-free number.] There is a limit of two free rvpiex- Z49 § sa2.aoa in 29 C1: R part 85. no person who is an emplvr-es, 1tKent• [:onsultant, officer. or electe[1 or appointed official of the re- cipient and who Pxerr•ises nr lass exel•- cised any functions yr responsibilities with respect to assisted a~;tivities, or lobo is in a position to participate in a liFCisionmaking process or gain inside informN.tion with regard tv such actiri- ties, may obtain a personal or financial interest ar benefit from the activity, or Dave tr.n interest in any contract, sulz- cvntrau.t, or agreement with respect. thez•ety, of t11e l~rocee[ls thel•eunder, ei- tller for himself ol• herseif nr far those wit}1 whom he ar skle has ftmily oa• business ties, during his ^r her tenure or for one year thereafter. Partivipa- tion Toy homeless individuals who also are partiripants under the program in policy yr decisionmaking under §582.3U1f of this part does not constitute a con- flict of interest. (2} Upvn the written request of thr reripiant. ilUT3 may grant an exception to the pzvvisiolls of paragraph (l~}[1} of this svctinn on a case-by-case basis -vhen it determine that the exception wit] serve to further the purposes of the program tend the effective and effi- [:ient a[lministz'aticn of the recipient's project. An exception may be consid- ered only after the recipient has pro- vided Ghe following: {3 ] For States, units of general local hvvernments, PHAs and IHAs, a disclo- sure of the nature of the cannict, so- companied by [tn assurance that there has been puhiic disolosure of the con- vict and a dear-riptivn of how the pub- lic disclosure was made: and (iil For all recipients, an opinion ^f the recipient's attoz'ney that the intez•- est far which t•11e exception is sought would not violate State or local law. {3} In [leternlinillg whether to grant a requested exceptiDll after the recipient has satisfactorily met the requirement of paragraph [b}[21 of this section, Hvi7 will consider the cumulative effect of the following factors, where applicable: {i) LYhether t11e exception would pro- vide a significe.nt cost benefit yr an es- sential degz'ee of expertise to the project which wonld otherwise not be available; {ii[ L~1[etltel• the person affected is a member of a group or class of eligible persons and the exception wil] pern3it 24 CFR Ch. V (4-1-09 Editiony snc11 i>ersvn to receive generally the same interests ^z• benefits as are bring made available or provided to the „1'nllp D1' Class: fiat) l~4'het•11er the affected person has withdrawn from Ilia or her functions yr respollsibl]ities. or the derisiollmaking process with respect to Llle specific as- sisted a[:tivity in question; [ivl Whether the intereest ^r 1lenefit was present before the affected person was in a position as described in paz~a- graph [U[[1} of this section; tv) ZVhether undue har[iship will re- sult either to the recipient ar the per- son affected when weighed against the public interest served by avoiding the prohibited conflict; and {vi} A11y other 1•elevant cwlsider- atinns. 158 FR 13892, bias. 15, 1593, as amended at sl FFi 5310, FPST. 9, 1998; 81 FR 51l i 1. Sept. 30. 1996; G2 F12 19539, liar. 21, 1997) 5ubparf E--'Adminfs#~ation li fi82.400 Grant agreement. {al General. The grant agreement will be between iIY]D said the recipient. Hl]D will hold the recipient z'esponsible f'nr the overall a[1111inist•i•at•ioll of tho program, including o~=erseeing ally sub- recipients Dr conGrar--tors. Under the grant agreement, the recipient must agree tp operate the program in s~c- cordanee with t•11e provisions of this pal•t and other applicable HUA regu]a- tinns. fb} Rar~orr•ement. HUII will enforce the oUligations in the grant agreement through such action as may be nec- essal•y. including recaptuz•i11g assist- ance awarded under the program. 682.405 Program changes. {a] Changes. HUD mast apprD~ e, in wl•iting, any significant changes tD an approved program. Significant changes Lhat require approval include, but are oat limited to, a change in sponsor • a change In the prvyect site for ;3i3.Ci or PRA with rehabilitation projects, and a change in the type v[ persons with disa.billties to Le served. Depending on the nature of the change. HUD may re- quire anew certification of consistency with the CHAS {see § 582.1201. 254 Cfc. of Asst. Secy., Camm. Planning, f]e~elap., Hlld § 589.1 fb] Apprvz;ad. Approvstl fnr such c;h:tnges is cantillgent upo11 t11e appli~a- tivn ranking remaining high enough to ItaLP been competitively selected fc~r funding in the yeaa' the appliesativn was selected. #b82.41p Qbligation acid dealaligation of funds. [al C7bitya[ivn ref )irnrts. When HUD and the applicant execute a. grant agree- ment. HUD will obligate funds to coy er the amount of the approved grim. The recipient wtll he expeoted to varry out the activities as prapased in the appli- cation. After the initial obligation of Funds. HUD is under no tlbligation to make any upward revisions to the grant amount for any approved ttssist- anCB. [b i IJevbiign[fan. [ 1 t HLtI] may deobltgaty all or a portion of the ap- proved gratlt amount if such amount is not expended in a #•itncly manner, or the proposed housing for which i~tnding was approved yr the supportive Services proposed in the application are not pro- vided in avcvrdance with the approved application, the requirements of this part, and other applicable HUD regula- tions. The grant agreement may Set fortlt other cirr-ttmstanres ender which funds may be devhligated, and other sanctions may he imposed. [21 HUD may readvertise, in a ntltice of fund avaflahili#•y. the avatlahility of funds that Mare been devbligated, or may reconsider applications that were submitted i1] respollse to the most re- cently published notice of fund avail- ahility and select applications for fttnd- inh with the deohligatad funds. such selections wonid be made in accordance with the selection process described in § 582,220 of this part. Any selections made rising devhligate[i funds will he sullject to applicable appropriation act requirements governing the use of deobligated funding antktority. tAppt•aved b~ the pitYCe of h7anR~ement and Badeet tinder control number ^SpfrO1i8] 251 EXHIBIT B INSURANCE REL~UIREMENTS I. 5ubreci Tent's Liabili Insurance A. Subrecipient must not commence work under this agreement until all insurance required herein has been ^btained and such insurance has been approved by the City. Subrecipient must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Subrecipient must furnish to the City's Risk Manager and to the Department or ^ivisivn responsible for this agreement; 2 copies of Certificates of Insurance, showing the following minimum coverage by insurance company{s} acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required vn all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notice of cancellation, material Bodily Injury and Property Damage change, non-renewal or termination is required on Per occurrence 1 aggregate all certificates COMMERCIAL GENERAL LIABILITY including: 1 aQp OOD Combined Sin 1e Limit 1. Commercial Form 2. Premises -Operations 3. Products! Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors B. Broad Farm Property Damage 7. Personallnjury C. in the event of accidents of any kind, Subrecipient must furnish the Risk Manager with copies of all reports of such accidents within ~ Ia days of the accident. II. ADDITI~NAI_ REQUIREMENTS A. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured an the liability coverage, and a blanket waiver of subrogation is required on alk applicable policies. If your insurance company uses the standard AC4R^ form, the cancellation clause {bottom right} must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the wards, "endeavor to", and deleting the wording after "left". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. The name of the project must be listed under "Description of operations" At a minimum, a 30-day written notice of cancellation, non-renewal, material change, or termination is required. B. If the Certificate of Insurance ^n its face does not show on its face the existence of the coverage required by items 1.6 {1 }-{7}, an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. [~}-7} are included or excluded. END EXHIBIT C STATE ^F TE](AS COUNTY GF NUECES CQC CQMPLIANCE AFFIDAVIT FCNaW ALL BY THESE PRESENTS: Date: S .~ v Affiant: ~ ,~ G h~~~ ~ ' n'1~~-ra YYi ~,•.-'~`~r~ a -~.~., Can inuum of Care Grant Subrecipient Affiant, on oath, swears the fallowing statements are true: I, ~~ ~ ~ zz-r , am the GC`C ~ L ~~f r~x ~, r~ (title} ^f ,,,,r C.~-.,ti ~ f' ef-r~ I~7in-~ ~Fr c~ 2 hc• , a Texas nonpraft corporation, which has applied for and been awarded Continuum of Care ["CGC"} Grant Program funds administered by the City of Corpus Christi ~"City"}. Prier to the start of the project for which CGC funds have been awarded, as the representative of the above- named Subrecipient organization ["Subrecipient"}, I met with City staff and received copies of the following Federal rules and regulations: GMB Circular A-102 24 CFR Part 1, .3, 5, 8, 24, 35, 45, $4, 85, 107, 135 and 146, as applicable OMB Circular A-110 24 CFR 583 GMB Circular A-122 41 CFR 60.1 and fi0.4, as applicable GMB 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 I understand the Subrecipient's obligations of performance under the rules and regulations. Furthermore, I acknowledge that there may be additional Federal rules and regulations, beyond the rules and regulations listed above, tv which the Subrecipient may be subject to and with which the Subrecipient must comply, in accordance with Federal laws. Signed: 5 O N TD AND SUBSCRIBED before me this tt]e G day of 2010. Not Public, State exas a'i ia~ a'' 4ti LAURISA LYNN BAKLlK 3~ '; ;~'= Notary Public, State of Texas ~.y. ~~; My COmmISSfOff expires "~:.~e?,.•• March 04, 20] 1 ~ 1 SUPPLIER NUMBER - TO SE AS5IGNEQ BY CITY `~'~~ PURCHASING 171VISIQN City of Corpus Christi I EXHIBIT D CITY DF CORPUS CHRISTI DISCLOSURE DF INTEREST City of Corpus Christi Qrdinance 17112, as amended, requires all persons ar firms seeking to do business with the City to provide the fallowing information. Every question must be answered. if the question is not applicable, answer with "NA". See reverse side far Filing Requirements, Certification and definitions. COMPANY NAME: ~ ~ ~~ ~'! ~ e.~r~ ~+ ti~,~t f~W' ~+~ c. P. Q. Bnx: ~ ~~ STREET ADDRESS: ~ ~ ~ ~ ~ CITY: ~ ~3u ~ ~ iJ ~1 ZIP: FIRM IS: 1. Corporation ® 2. Partnership ^ 3. Sole owner 4_ Association ^ 5. Other If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Carpus Christi having an "ownership interest" constituting 3°I° or more of the ownership in the above named "firm." Name Job Title and City ^epartment [if known} 2. State the names of each "officio!" of the City of Corpus Christi having an "ownership interest" constituting 3°/° or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member' of the City of Carpus Christi Raving an "ownership interest" constituting 3°Io or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subjec# of this contract and has an "ownership interest" constituting 3°Io or mare of the ownership in the above named "firm." Name Consultant ~~ ~~ ~~ Page t of 2 _~ ~~~ pf Exhibit E .~ -Carpus - - Christi ..~.~ CERTIFICATIgN REGARDING LOBBYING CERTIFICATIQN FDR CONTRACTS, GRANTS, LOANS, AN^ COOPERATIVE AGREEMENTS The undersigned certifies, to the hest of his or her knowledge and belief, that: {1 } No federal appropriated funds have been paid or wi11 be paid, by or on behalf of the undersigned, to any person far 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, ^r 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 contrac#, grant, loan, or cooperative agreement, the undersigned shall complete and submit with this a Standard Form-11, "Disclosure Form to Report Lobbying," in accordance with its instructions. {3} The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers [including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements} and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite far making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $1Q,000 and not more than $1rJa,QQa for each such failure. Signature ~~ ~ _ ,.~ Print Name of Authorized Individual 5 ~ ?~ / a ~atT~ f_.v a C ~~ o ~i lyl~~rv 177,:,,; f "/~ ~ :~v1 c. ~rgani ation Name