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HomeMy WebLinkAboutC2010-457 - 11/16/2010 - ApprovedCONTINUUM OF CARE GRANT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND NUECES COUNTY MHMR THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This agreement ("Agreement"} is made and entered into by the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its City Manager or the City Manager's designee ("City Manager"}, and The Nueces County Mental Health and Mental Retardation Community Center Foundation ("Subrecipient"}, a nonprofit corpo- ration 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 for appropriate facilities in which to provide the services in the City of Corpus Christi; WHEREAS, providing supportive housing services to persons who are homeless promotes the public welfiare, 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 $122,673 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 #asks described in this Agreement. SECTION 1. CITY°S FUNDING OBLIGATIONS. The City agrees to: 1.1 Funding. Provide the Subrecipient not more than One Hundred Twenty-two Thousand Siix Hundred Seventy-three Dollars ($122,673) of COC funds on a reimbursement basis, based on the stated services to be provided pursuant to the Subrecipient's approved Application for Federal Assistance FY09-10, a copy of which is 2010-457~ce and is attached to this Agreement as Exhibit A. Res. 02$846 1111b110 Nueces County MHMR ~~~~~~ 1.2 Reimbursement. Reimburse COC funds to the Subrecipient according to this Agreement and as follows: {A) Not more than $38,624 will be reimbursed to the Subrecipient for the provision of essential supportive housing services to the homeless and not more than $77,149 will be reimbursed to the Subrecipient for expenses related to reaE property leasing. (B} Not more than $0.00 will be reimbursed to the Subrecipient for payment of operating costs related to supplying supportive housing services for the homeless. (C) Not more than one half of $5,700 will be reimbursed to the Subrecipient far the provision of administrative costs related to supplying supportive housing services for the homeless, with the City retaining the remainder for City-related contract administration costs. {D} Nat more than $1,200 will be reimbursed to the Subrecipient for HMIS expenses related to the HMIS data system. SECTION 2. SUBRECIPIENT°S FUNDING OBLIGATIONS. Subrecipient agrees to: 2.1 Matching Funds. Contribute and provide the following amount of cash as the re- quired COC grant funding match as shown in Exhibit A: (A) Not less than $28,2D2 must be spent by the Subrecipient to provide essential supportive housing services to the homeless. (B) Not less than $0.00 {zero) must be spent by the Subrecipient to provide for the operating costs related to supplying supportive housing services to the homeless. (C) Not less than $24D must be spent by the Subrecipient to provide for 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 Subreci- pient's Board of Directors, of professional services provided by the Subrecipient. 2.3 Services and Facilities. Provide services and utilize the facilities or buildings in accordance with the Continuum of Care Grant Program regulations contained in the United States Code of Federal Regulations ("CFR"), and including, but not limited to, those federal requirements contained in Sections 5 and 6 of this Agreement. 2.4 Permits and Licensing, Obtain and maintain any permits, certificates, and licen- ses that are required of the stated services and of the facility or the services offered therein by the State of Texas and any other agencies having regulatory jurisdiction over the facility or services. 2.5 Financial Records. Record financial transactions according to accrual accounting procedures or develop such accrual information through analysis of the documentation Continuum of Care Agmt - MHMR Page 2 of 12 on hand and provide an independent audit for such expenditures upon request by the City Manager or the Administrator of the City's Community Development Department ("CDD"). 2.6 Access to Records. Provide access to all records, documents, reports, or audits regarding the services funded under this Agreement, during regular business hours, for purposes of the United States Department of Housing and Urban Development ("HUD"), the City, or CDD, in order to conduct audits or monitoring. 2.7 Information and Reports. Provide any information pertinent to this Agreement as the City Manager, the Administrator of CDD, or HUD may from time to time request. Subrecipient shall adhere and comply with the reporting requirements mandated for the Homeless Management Information System (HMIs) administered by the City as a condition of receiving funds under this Agreement. 2.8 Notification of Change. Notify the City within ten (10) days when the scope, funding, staffing, or services being provided by the Subrecipient changes from its cur- rent level. 2.9 Use of Funds. Expend all funds solely 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 COC funds expended by the Subrecipient on services not authorized under this Agreement or that are expended in violation of HUD statutory and regulatory provisions. 2.10 Record Retention. The Subrecipient shall retain all required records for three years following the final payment made under this Agreement or until all pending matters are closed, whichever is later. SECTION 3. TERM; TERMINATIQN; NOTICES. 3.1 Term. This Agreement commences September 1, 2010, in accordance with the grant period, provided the City's City Council has approved its execution, and terminates on August 31, 2011. 3.2 Termination. Either party may terminate this Agreement as of the last day of any month upon thirty {30} days prior written notice to the other party. 3.3 Notices. (A) All notices, demands, requests, or replies provided #or or permitted under this Agreement, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; {3} by prepaid telegram; (4) by deposit with an overnight express delivery service, for which service has been prepaid; or (5} by fax transmission. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2} business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will Continuum of Care Agmt - MHMf2 Page 3 of 12 be deemed effective one (1) business day after transmission fio the telegraph com- pany or overnight express carrier. Notice by fax transmission wilt be deemed effec- tive upon transmission, with proof of confirmed delivery. {C) All such communications must only be made to the following: If to the City: City of Corpus Christi Attn: Admin., Community Dev. P. O. Box 9277 Corpus Christi, Texas 78469-9277 (361 } 826-3045 Office (361) 844-1740 Fax If to_the _Subrecipient: Nueces County MHMR Attn: Executive Director 1630 S. Brownlee Corpus Christi, TX 78404 (361 } 886-8900 Office (361 } 883-5842 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 Liability Insurance. The Subrecipient shall have in force, throughout the term of this Agreement, insurance that complies with the standards in Exhibit B, a copy of which is attached to this Agreement and incorporated in this Agreement by reference. A certificate evidencing the Subrecipient's provision of insurance must be provided to the City's Risk Manager ("Risk Manager") and the Administrator of CDD at least ten (10) days prior to any expenditures of COC 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 ar the Administrator of CDD to terminate this Agreement and cancel any and all reimbursements of COC funds fio the Subrecipient. 4.2 Fire and Extended Coverage. The Subrecipient shall also have in force, through- outthe term of this Agreement and during the period which the facilities or building must be maintained as a shelter far the homeless in accordance with Section 5.2 of this Agreement and 24 CFR §576.53, as amended, fire and extended coverage insurance in the amount indicated in Exhibit B. Failure to maintain such insurance is cause for the City to terminate this Agreement and cancel any and all reimbursements of COC funds to Subrecipient. 4.3 Notice to City. Subrecipient shall require its insurance companies, written policies, and certificates of insurance to provide that the Gity must be given thirty (30) days ad- vance notice by the insurer prior to cancellation, nonrenewal, or material change of the insurance policies required by Exhibit B. 4.4 Right to Re-evaluation and Adjust Limits. The Risk Manager retains the right to re-evaluate the insurance requirements during the term of this Agreement and adjust the types and limits of such insurance upon thirty (30) days written no#ice to Subrecip- ient. Insurance types and limits may not be adjusted more frequently than once a year. Continuum of Care Agmt -MHMR Page 4 of 92 4.5 INDEMNIFICATION. (A) Subrecipient covenants and agrees that it will indemnify and hold City harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments re- covered from or asserted againsf the City on account of injury or damage fo persons or property (including, without limitation on the foregoing, workers' compensation, death, and premises de- fects) fo the extent any such injury or damage maybe Incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the City, its officers, employees, or agents ("Indemnitees'), acting pursuant to this Agreement and with or withouf the express or implied invitation or permission of the Subrecipient, or on the part of the Subrecipient or any of its agents, servants, employees, contractors, patrons, guests, !r'censees, or invitees entering upon the facilities being used pursuant to this Agreement and with or without the express or implied invitation or permission of the Subrecipient, or when any such injury or damage is the result, proximate or remote, wholly or in part, of the violation by In- demnitees, the Subrecipient or any of its agents, servants, em- ployees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of fhe use or occupancy of the facilities by Indemnitees, the Subre- cipient or any of ifs agents, servants, employees, contractors, patrons, guests, licensees, or Invitees, including, but not limited to, the failure of the Subrecipient to maintain the Facilities. (B) These terms of indemnification are efiFective upon the date of exe- cution of this Agreement and whether such injury or damage may result from the contributory negligence or concurrent negligence of Indemnitees, but not if such injury or damage may result from the gross negligence or wr`Ilful misconduct of Indemnitees. (C) The Subrecipient covenants and agrees that, in case the City is made a party to any litigation against the Subrecipient or in any litigation commenced by any party other than the Subrecipient re- lating to this Agreement, the Subrecipient shall, upon receipt of reasonable notice regarding commencement of litigation and at its own expense, investigate a!1 claims and demands, attend to their settlement or other disposition, defend the City in a!l actions Continuum of Care Agmt - MHMR Page 5 of 12 based fhereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said claims, demands, ac= Lions, damages, losses, costs, liabilities, expenses, or judgments. (D} The indemnification provisions of this section survive the fermina- fion or expiration of this Agreement. 4.6 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. All of the services required by this Agreement must be performed by the Subrecipient, or under its supervision. It is agreed by the parties to this Agreement that the Subrecipient is an independen# con- tractor providing 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 Subrecipient shall match the COC funding providing by the City with an amount of cash funds from sources other than COC funds. These matching funds must be provided after the date of the grant award to the Subrecipient and the execution of this Agreement. Funds used to match a previous COC grant may not be used to match a subsequent grant award under this Agreement. (B} The Subrecipient shall request payment from the City on acost-certified basis for only those services specified in this Agreement and which are matched on a cash basis in accordance with this Section 5.1 and the regulations contained in the Code of Federal Regulations. The Subrecipient shall submit matching funds support documentation which must be provided with each request for payment. 3.2 Use as an Emergency Shelter. (A) Any building for which COC funds are used by the Subrecipient for use as an emergency shelter for the homeless must be maintained as a shelter for the homeless for not less than athree-year period from the date of execution of this Agreement. {B) Any building for which COC funds are used for the provision of essential supportive housing services to the homeless or payment of maintenance, operation, insurance, utility, or furnishing costs must be maintained as a shelter for the homeless for the period during which such assistance is provided under this Agreement. A substitute site or shelter may be used during this period so long as the same general population is served. For purposes of this subsection, the term "same general population" means either the same-types of homeless persons originally served with COC funds (i.e., battered spouses, runaway children, families, or mentally Ili individuals) or persons in the same geographic area. Continuum of Care Agmt - MHMR Page 6 of 12 (C) Using COC funds for developing and implementing homeless prevention services does nat trigger any period of use requirements. 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 6. ADDITIONAL FEDERAL REQUIREMENTS. 6.1 Nondiscrimination And Equal Opportunity. The Subrecipient shall comply with the following requirements: (A) The requirements of the Fair Housing Act, 42 United States Code ("U.S.C.") §3601-19, and implementing regulations at 24 CFR Part 100 et seq., as each may be amended; Executive Order 11063, as amended by Executive Order '12259 (3 CFR, 1959-1963 Comp., p. 652, and 3 CFR, 1980 Comp,, p. 307), as each may be further amended; Equal Opportunity in Housing Programs and implementing regu- lations at 24 CFR Part 107, as each may be amended; Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§2000d-2000d-4}, as it may be amended; and, Nondiscrim- ination in Federally Assisted Programs and implementing regulations at 24 CFR Part 1, as each may be amended; (B) The prohibitions against discrimination on the basis of age under the Age Discrimi- nation Act of 1975 (42 U.S.C. §§6101-07} and implementing regulations at 24 CFR Part 146, as each may be amended; and the prohibitions against discrimination against otherwise qualified individuals with disabilities under Section 504 of the Rehabilitation Act of 1973 (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 19246 and the supplemental regulations issued in 41 CFR Chapter 60, as each may be amended; (D) The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. §1701 u, and implementing regulations at 24 CFR Part 135 and 24 CFR §570.607(b), as each may be amended; (E) The requirements of Executive Orders 11625, as amended by Executive Orders 12007 (3 CFR, 1971-1975 Comp., p. 616, and 3 CFR, 1977 Comp., p. 139) (Minor- ity Business Enterprises), as each may be amended; Executive Order 12432 (3 CFR, 1983 Comp., p. 19$) (Minority Business Enterprise Development}, as each Continuum of Care Agmt - MHMR Page 7 of 12 may be amended; and Executive Order 12138, as amended by Executive Order 12608 {3 CFR, 1977 Comp., p. 393, and 3 CFR, 1987 Comp., p. 245} {Women's Business Enterprise), as each may be further amended; and, {F) The requirement that the Subrecipient make known that use of the facilities and ser- vices is available to all persons on a nondiscriminatory basis. Where the proce- dures that a Subrecipient uses to make known the availability of such facilities and services are unlikely to reach persons with disabilities or persons of any particular race, color, religion, sex, age, or national origin within the Subrecipient's service area who may qualify for them, the Subrecipient shall establish additional proce- dures that will ensure that these persons are made aware of the facilities and ser- vices. The Subrecipient shall also adopt and implement procedures designed to make available to interested persons information concerning the existence and location for services and facilities that are accessible to persons with disabilities. 6.2 Applicability of OMB Circulars. The Subrecipient shall comply with the policies, guidelines, and requirements that are applicable to the use of COC funds set forth in the Cade of Federal Regulations, in the United States Office of Management and Budget ("OMB") Circular No. A-122, and in all other OMB circulars as each may relate to the acceptance and use of COC funds. 6.3 Lead-based Paint. (A) Subrecipient shall comply with the applicable requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4821-4846), the Residential Lead- Based Paint Hazard Reduction Act of 1992 {42 U.S.C. §§4851-4856), and the implementing regulations at 24 CFR Part 35, as each may be amended. (B) In addition, the Subrecipient shall also meet the following requirements relating to inspection and abatement of defective lead-based paint surfaces: (1) Treatment of defective paint surfaces must be performed before final inspec- tion and approval of any renovation, rehabilitation, or conversion activity under this Agreement; and (2) Appropriate action must be taken to protect shelter occupants from the hazards associated with lead-based paint abatement procedures. 6.4 Conflicts of Interest. In addition to the conflict of interest provisions in OMB Cir- culars A-102 and A-110, no person who is an employee, agent, consultant, officer, or elected or appointed official of the Subrecipient that receives COC funds and who exer- cises or has exercised any functions or responsibilities with respect to assisted activi- ties, or who is in a position to participate in adecision-making process, or who may gain inside information with regard to such activities may obtain a personal or financial inter- est or benefit from the activity or have an interest in any contract, subcontract, or agree- ment with respec# thereto or business ties during his or her tenure and for one year thereafter. HUD may grant an exception to this exclusion, upon prior written approval, as provided in 24 CFR §583.330, as amended. In the event the Subrecipient desires to obtain an exception to the exclusion from HUD, the Subrecipient must comply with 24 Continuum of Care Agmt - MHMR Page 8 of 12 CFR §583.330 and file a written application, containing full disclosure of the facts, with HUD and the Administrator of CDD. B.5 Use of Debarred, Suspended, or ineligible Contractors. The provisions of 24 CFR Part 24, as amended, relating to the employment, engagement of services, awarding of contracts, and funding of any contractors or subcontractors during any period of debarment, suspension, or placement in ineligibility status, are applicable to the Subrecipient. 6.6 Coastal Barriers. In accordance with the Coastal Barrier Resources Act, 16 U.S.C. §3501, as amended, no COC funds may be made available within the Coastal Barrier Resources System. 6.7 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. 6.8 Copeland Act. The Subrecipient shall comply with the Copeland "Anti-Kickback" Act, 1$ U.S.C. §$74, as amended and as supplemented by United States Department of Labor regulations, 29 CFR Part 3, as amended. 6.9 Contract Work Hours and Safety Standards Act. The Subrecipient shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. §§329 and 333, as amended and as supplemented by United States Depart- ment of Labor regulations, 29 CFR Part 5, as amended. 6.10 Audit. The Subrecipient is subject to the audit requirements of OMB Circular A-133, as set forth in 24 CFR Part 583, as amended. 6.11 Relocation and Acquisition. Consistent with the other goals and objectives of this Agreement, the Subrecipient shall ensure that it has taken a!I reasonable steps to minimize any displacement of persons as a result of a project assisted with COC funds. SECTION 7. GENERAL PROVISIONS. 7.1 Validity. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, sub- division, clause, phrase, word, or provision of this Agreement, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, phrase, word, and provision of this Agreement be given full force and effect for its pur- pose. 7.2 Jurisdiction and Venue. The laws of the State of Texas govern and are appli- cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces County, Texas, where this Agreement was entered into and must be performed. 7.3 Nonexclusive Services. Nothing in this Agreement may be construed as prohibi- ting the Subrecipient from entering into contracts with additional parties for the pen`or- mance of services similar or identical to those enumerated in this Agreement, and Continuum of Care Agmt - MHMR Page 9 of 12 nothing in this Agreement may be construed as prohibiting the Subrecipient from re- ceiving compensation from such additional contractual parties, provided that all other terms of this Agreement are fulfilled. 7.4 Modifications. Modifications to this Agreement are not effective unless signed by a duly authorized representative of each of the parties to this Agreement. Modifications which do not change the essential scope and purpose of this Agreement 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 Subrecipient'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, or 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 Ordinances, the Subrecipient shall complete the City's Disclosure of Interests 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 Certifica#ion Regarding Lobbying. Subrecipient shall complete the Certification Regarding ~.obbying form, which is attached to this Agreement as Exhibit E, the con- tents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. (EXECUTION PAGES FOLLOW) Continuum of Care Agmt - MFiMR Page 10 of 12 Executed in du licate on finals this p g ~ day of ~U~I~ , 2010. ATTEST: Armando Chapa City Secretary Approved as to form: ~ , 2010 Elizab h R. Hundley Assis nt City Attorney for the City Attorney CITY OF CORPUS CHRISTI `A a R. Escobar C y Manager '~' ~~~ AU'fl~ RI7~ ..~ ACKNOWLEDGMENT STATE OF TEXAS ~ § KNOW ALL BY THESE PRESENTS; COUNTY OF NUECES ~ This instrument was acknowledged before me on ~U~_~,~ ~ ,~_~~,2Q_1_QJzy_ 'Angel R. Escobar, City Manager of the City of Corpus Christi, a Texas municipal home- rule corporation, on behalf of the corporation. ~. ¢~'"~,_ HOLLY Ff0!lGHTdN ~; ~: - = MY COMMISSION EXPIRES ,,~~~~yyr Se thaer24,20t2 State ~ Texas Notary Pu c, Continuum of Care Agmt - MHMR Page 11 of 12 SUBRECIPIENT: THE NUECES COUNTY MENTAL HEALTH AND MENTAL RETARDATION COMMUNITY CENTER FOUNDATION ~~~ i ~ Signa ure ~(~ ~,a~r~r~ Printed Name Title Date ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on ~~~[~.-r ~1 ~h , 2010, by tiA~+u, Low fca,~ tom., , in hislher capacity as the _~~e__c~,-E-ti+~ IJ ~~ ec.'~o 1' of The Nueces County Mental Health and Mental Retardation Community Center Foundation, a Texas non-profit corporation, on behalf of the corporation. ~., O Notary Public, State o Texas y~T r~ a:.,..,s`s'~, •+°~ ~'~= ~ JUANITA HI. I.ISERIO Notary F'ubiic, Stata of Texas ;r., °., ~ s My Commission Exp'sres ~~ ~~;: ';~ September 24, 2flt Z ~ Continuum of Care Agmt - MHMR Page 12 of 12 RppllcanE:%City of Corpus Christi TX-501 ProjecE:;TX-50'i -Ren -Nueces County Mental Health & Mental Retardation ~ T~C0025136JD1 a8fl2 Community C~n~er Protect HOME Grant NumbwESr: TX0025B6JQ10802 Award Amount: $122,fi73 Recipient: City of Carpus Christi, 1201 Leopard Street, Corpus Christi, Texas T8401 Tax ID#: 74-6000574 Project Name: TX-501 -Ren -Nueces County Mental Health & Mental Retardation Community Center Proj®ct WOME Component Type: PH Official Contact Person: Mr. Eddie Ortega, Director of Neighborhood Services Email Address: edd#eo~cctexas.com Phone: (361) 826-3234 Fax: (369 j 826-3011 2009 8UPPORTIVE HOUSING PROGRAM RENEWAL GRANT AGREEMENT This Grant Agreement Is made by and between the United States Qepartm®nt of Housing and Urban .Developmen# (HUD) and the Recipient, which is described fn section 1 of Attachment A, attached hereto and made a part hereof. ~ ' EXHIBIT Consolidated Grant Agreement Page 1 . 03!08/2010 Applicant: City of Corpus Christi TX-507 Project; TX-501 - Ren - Nueces County Mental Mealth & Menta! Retardation TX002586J0'iQ802 Community Center Project HQME The assistance which is the subject of this Grant Agreement is authorized by tits McKinney Vento Homeless Assistance Act 4Z U.S.C. 11381 [hereafter'the Act'). The term 'grant' or'grant funds' means the assistance provided under this A regiment, This grant agreernen# will be governed by the Act, the Supportive Housing rule codified at Z4 CFR 563, which is attached hereto and made a part hereof as Attachm®nt B, and the Notice of Funding Availability (NOFA} that was published in two parts. The first part was thgi Policy Requirements and General Section of the NOFA, which was pubiished December 29, 2QQ8 at 73 FR 79548, and the second part was the Continuum of Care Homeless Assistance Programs NOFA Section of the NOFA, which is located at http:llwww.hud.govlofficesladmlgrantslnofa©9lcocsec.pdf. The term '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 or documentation required to meet any grant award cpndltions. The Application is incorporated herein as part of this Agreement, however, in the event of conflict between the provisions of those documents and any provision contained herein, this Renewal Grant Agreement shall con#rol. Ths Secretary agrees, subject to 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 thgi Application. The Recipient agrees, sub~ect to the terms of the Grant Agreement, to use the grant funds for elig ble activities 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 elf requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available. The Recipient agrees to participate in a local Homeless Management Information System [HMIs) when implemented. The Recipient and project sponsor, If any, will not knowingly allow illegal activities in any unit assisted with grant funds. The Recipient agrees to draw grant funds at (east quarterly. HUD notifications to the Recipient shall be to the address of the Recipient as written above, unless HUD is otherwise advised in writing. Recipient notifications to MUD shall be to the HUD Field Office executing ttie Grant Agreement. No right, benefit, or advantage of the Recipient hereunder be assigned without prior written approval of HUD. Consolidated Grant Agreement Page 2 03108i209fl Applicant: City of Corpus Christi TX-501 Project: TX-509 - Ren - Nuecas County Mental Health & Menial Retardation TX0025B6J01t?802 Community Center Project HOME 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 proj®ct sponsor will or has financed this project through the use of the Low-income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a iimited partnership formed for that purpose. If 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 or 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 iimited partnership shall own the pro~ect site throughout that twenty year period. If grant funds were not use for acquisition, rehabilitation or new construa#ion, then the period shall not be twenty ears, but shall be for the term of the grant agreemen# and any renewa~therevf. Failure to comply with the terms of this paragraph shaii constitute a default under the Grant Agreement. A default shall consist of any use of grant funds far a purpose anther than as authorized by this Grant Agreement, failure in the Recipient's duty to provide the supportive housing for tha minimum term in accordance with the requirements of Attachment A, noncompliance with the Act or Attachment A provisions, any other material breach of the Grant Agreement, or misrepresentations in the application submissions which, if known by HUD, would have resulted in this grant not being provided. Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following ac#ions: (a) direct the Recipient #o submit progress schedules #or completing approved activities; or (b) issue a letter of warning advising the Recipient of the de#ault, establishing a date by which corrective actions must be-completed and puttin the Recipient on notice #ha# move serious actions will be taken if the de~ault is not corrected or is repeated; or (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or (dj direct the Recipient to suspend, discontinue or not incur costs for th® affected activity; or Consolidated Grant Agreement Page 3 0310812Q10 AppEicant: City of Corpus Christi Tx-501 Project: l'X-5Q'! - Ran - i~ueces County Mental hlealth & Mental Retardation TXDQ2588Jp9O8p2 Community Center I'ro~ect HOME (e} reduce or recapture the grant; or (f} dir®ct the Recipient to reimburse the program accounts for costs inapproprlateiy charged to the program; or (g) continue the grant with a substitute recipient of HUD's choosing; or h) o#her appropriate action including, but not limited to, any remedial act on legaliy available, such as affirma#ive litigation seeking declaratory udgment, specific performance, damages, #emporary or permanent ~njunctibns and any~other available remedies. ' ~~ ~ ~~ No daisy or omission by HUD in exercising any right or remedy available to !t under this Grant Agreement shah impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. For each operatingg year in which funding'is received, the Recipient shall file annual-cettifications with HUD that the supportive housing has been provided in accordance with the requirements of the Grant Agreement. This Grant Agreement constitutes the entire agreement between the parties here#o, 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 moos than 10 percent of funds from one approved typpe of ellgibie activity to another, or matte any other significant change, wi#hout the prior writ#en approval of HUD. Consolidated Grant Agreement Page 4 O31Q81201O Applicant: City of Carpus Christi TX-501 Project: TX-501 - Ren - Nueces County Mental Health & Mental Retardation 7'XOt)25B8JE770802 Community Center Project HOME SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Housing and lJrban Developmenf ~/ icy. PR ~ ~, 201A Richard L. Lopez rint name of signatory Acting CPD Dit~ectar itie • RECIPIENT Clty of. Corpus Christi ame o rganizat~on 13y: ~ ~ ~ ut orze gna ure and Date Eddie Ortega Prmt name o ~gnatory Dirac#or of Neighborhood Services it e Consolidated Grant Agreerrtent Page 5 03/08/2010 Applicant: City of Corpus Christi ~ TX-501 Project: TX-541 - Ren - Nueces County Manta! Health ~ Menial Retardation TXD025BSJD10t302 Gammunity Center Protect HOMir ATTACHMENTA 9. The recipient is ~Ci#y of Corpus Christi. ~ . 2. iHUD's total fund obligation for this project Is $922,673, which shall be allocated as follows: Leasing $77,949 Supportive services $38,824 Opergting costs $0 HMfS $9,200 Administration $5,700 3. Although this agreement will become ®ffective only upon the execution hereof by both parties, upon execution, the term of this agreement shall run from the end of the Recipient's final operating year under the original Grant Agreement or, if the original Grant Agreement was amended to extend its term, the #erm of this agreement shall run from the end of the extension of the original Grant Agreement t®rm for a period of 12 mouths. 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 6 D31aB12010 Olc. at Assl. SeGy., Carrtrn. Planning, Develpp., HUD 5H3,6 Deixnitialn, §5$3.1 Sut~part 8-Assistance Provided 688.100 Types an4 Haas of af<sietanae, 583,1Ofi Cfrantsa for aailuislGion tlfld rehA1f11i- tatinn. 638.110 Grants for new oonAtruntinn. 683,116 clrante for leasing. :f98.120. Cfrantls for supportive selvina cosr~. 588,126 Cfrants for npal~tiug Hosts. 5f~3.180 dammitment• of grant amounts far leA,elllq, supportive eervingg, fend a->pr- fnting casts. $88,136 Admillistratlvq [:oHts. 683.190 Tf!ohuinal aselfttanae. 683.146 Metalling requirements, b88.160 I.imitatiane nn use of arseista,nce. 583,lSb tJonanlida.ted ylitlf. Subpart t:-Applicaiton and errant Award Process 893.200 ApplieRtinn fold grant award. 588.930 llinvironmentall review. 683.236 kLenywal grants. Subpar# D-Program Requiremsntt 698,$UU General oDeretion. b63.3Ub Term of nommitment; repayment of gl~ants; prevention of nndae benefits. b93.31U 171sp1aealYlBnt, relWatlnil, and aL'gn1- s:ition, 683.318 ltssident rant. 68A,39U Bite central. 698.82b N'mldieurin3inatial anri aqua] oppor- tu]dty reriuirarrlents. 882.88U App11nR-111ity of other FedNral ra- tlniremeritY. Subpart !;-Administration PART S83-SUPPORTIVE HOUSING PROGRAM Subpart A--General 9or,. 699,1 Purposo and acopo. 698.400 Glrant agreement. 693.~D6 Progrn.nl ailauges. b83,RlU Obligation afl(1 dgobligatioll of funds. A1rrNOitiTx: ~ U.t3.d. 11999 and Hb36(d). 3oUnrAC: 69 FFt, 13871, Mar. 16, 1993, unless otherwise noted. Subpart A-General X688.1 Purpose send snope, (a) General. T11e i3upportiva Fiousiri$~ i'rogrgm is euthot~izeci by titl® 1V of the Stewart B, McKinney Homeless As- sistance Aat (the McKinney Aat) (92 Y),~.{3. 11381-11388), 'I`he supportive liotteing 1rro8rern is Resigned l;a gro- mote the development a~f sttppartive llcusiti~ acrid auppartive servioss, in- cluding lnriov~tive approaches to sssisL homeless persons in file transition fl~aln homelessness, artd to promote the 251 $ b83.5 provision trf supportive htruaing to hanteless persona to enable them t;o live s.s independently as possible. (l~) Co~nponeaits. Ponds under this hart may Us used for: (1) 'Srartsitianai housing to facilitate the movement of homeless individuals and families to permanent housing; (2} Permanent ]rousing that provides long-term housing for homeless persona with disabilities; (8) Housing tl,a,t is, or is part of, a partiaularly inccovative pro3oat fat, ar alternative methods of, tateeting the immediate and long-te[•nr nestle of homeless persons; or (9) t3upportlve se[wiaas far 3romalass persona net provided in eon}unction witl[ supportive housing, [58 F'Ii, i;s871. M[tr. 1T, 109,9, as anirnA~:d at a[ rI~ r117r. ~apc, ao, ~~61 ~ G88.6 Definitions. As used in this part: Appilcaadt is defined icc section 422(1) of the McKinney Aat (42 U.S.C. 11862(1)). I'or pctrpos~es of thi& defini- tion, governmental antftios include those that have general governmental powers (suah as a. City or aaunty), as well Rs those that Have 11[nited or spe- cial powers (suah as public ]causing agencies). G'ansolldatotl plan lnaans the plan that a )urisdiation prepares and submits to HUD in aaaordanee wit11 29 CP>Et part 91. Uute oJ' initial occxipancl~ means rho dato drat the supportive housing is ini- tistlly occupied try a homeless person for whom HUT.1 provides assistsnca unties this part. If the assistance is far an existing lromelass facility, the tiers of l~altdrEt occupta9tcu is the dais that services arc first provided to the reai- denta of supportive housing wit][ ftind- 11cg under this part. I)nta of iraltiat serv![:e proulsion means tha~ dots that supportive aerviaes era inftial]y pravitled with footle under this lrat•t to homeless parsons who tlo net reside in supportive Kauai;~. 'Phis tle1Y- nition applies only t4 pra3ects Ytlnded under this part that da net provide sup- }sortive hnursing. Ddstalydd3t?/ is defined in seotion 922(2) of the McKinney Aat {92 U.S.C. 11392(2))• 24 CFR Ch. V (4-1-~9 iEdlfion} Honielnss person means &,n individual ~u• family that is desrribe[l in section 103 of the McKinney Act (42 U.£3.C. I13~2). Metroyroiitcan tit?/ is defined in section 102{a)(9) of the Housing and Commu- nity Development Aar of 11}79 (42 U.S.C. 6902ta)(9)}. In general, metropolitan ait- les era those oitios that ors eligible for an ,entitlement graTtt under 29 CF'1i. part 576, su]rpatt ll. NL"ui consirtrction ncoanR thra building of a struotut•o where nova existed ar an additions to an existing structure that iccox~aasfle rho Haar area by mare than 16D portent. Operrtting t:nsts 1a tieficced in sectian 422(fi} of the McKinney Act {42 U.S.C. 11982(6)). OutputieraE health services is defined in seotion 422(6) of the Mci~inltey Aat (42 U.s.c.llsaa{a)). PerontL~~en.t hozasd~ag jar hot~telcss grets~u•~+s zaddh disctbllitles la defined in sr•.atiolt 929{c) of the McKinney Act (42 U.f3.C. 1i:384(a)). I'rivatr, non?rru~t organtzat4.nn is +Is- fined In seotion 422(7) {A}, (S}, and (D) of the McKinney ACt (42 U.$.C. 11382{7) (A), (>3), and {}~)). The organization must also have a ihttotionirlg act:ount- ing system that is apsratetl In aacord- alcoe with generally aaaept®d aactrunt- ing principles, or designate an entity that will maintain a fnnotioning ttc- tountilt(f system for the cr~,nizatfon in u.aaordanre with gene[•[1,lly aonepted aroounting principles. Profect is defined i[t aeetions 9Z2{8) altd 424(d) of the MaKintcsy Aat (42 U,S. C. 11982(8}. 11984(d}), Rrs~•apleraE is dsfillsd in section 422(9) of the MaKinltey Act (92 U.13.C. 1138L(D)). Iteli.tabtlltatlan ncea[1s the improve- ment or ropair of au existing structure or an addition to an existing structure that does net inareaae the floor area by more than 100 percent. Rehabilitation close not include minor or routine re- pairs. State is defined in sectian 922(11) of rite MoKi[cney Act {92 'U,$.C. 11382{11)). Srrpportdve Iwusia~.g is defii[od in aeo- tiair 929(a) of the McKinney Aat (42 LI,S,C.11884(a)). SupporEive services is defined 1n sec- tian 426 of the McKinney Aat (92 U.S.C. 11305). 252 Ofc, of Asst. Secy., Comm. Planning, Develop., Hl1D 7'a•aaasittottnt hoirving~ is dei'ltteri in sec- tioat 424{b) of the McKinney Aat {92 U.~1.0. 11384(b)?. fee also § 583.3D0()). 79•ibe is defined in aeotiott 302 of rite Hausing• and Qontmunity Development Aat of 1974 {42 T7.F3.C. G302}. Urban coza~atp~ is defined in section 142(a)(6) of tits Housing and Commu- nity Development Aat of 1D74 (42 iJ.F3.{:. b302(a)(B)). In general, urban aoutti;iea are those counties that are eIil;ible for an entitlement grant under 24 CF1Z part 570, subpart D. [Bi i+'R b1176. Dept. 30, inns] Subparl8-Assistance Provided §6f38,100! 7~pos and uses of asaietnnee. (a) Grant assistance. Assistance in the form of grants is available for aogttisi- tion of atruotures, rehabilitation of struotrroa, acquisition and rehabilita- tion of structures, new construotiott, !seeing, operating costs for supportive housing, and supportive sHrvioes, as de- sciKbeci in §§ti83.106 through 683.128. Ap- piiaants may apply for more than one types of asaiHtanuH. (b) Uses of grant asststt~nce. C#rant as- sistanos tray be used to: (17 establish nHW supportive housing fsciiitias or new fac:ilitiea to ptYtvide supportive aerviass; {2) Bttpand existing faoilitiee in ordor to increase tiro number of hontalnas persons served; (8) Bring existing faailities ttp to a level that meets Mate and lase! g~v- arnment itealtlt anti safety standards; (4) Provide additional attpportivH services for residents of supportive housing ar far homBlesa persons rat re- sidlnl~ in srpDortivH hauling; (G) Purchase kIUD-awned singles iam- lly properties currently leased. by CYta applloant for uses as a lianteless facility under 24 CFR part 291; ttnd (6) Continua tlutding supportive hous- ing where the rscipienG has received iltnding ender this pert for leasing, supportive services, or operating costs. (c) ~Stratctu~•es users fur rmiItfpie pur- pnsrss. ~tructuras used to provide sup- portive hottsing or supportive services tray also be used for other purposes, exaspt that assistance under this part will be available only in proportion to the use of the structures for supportivr; housing or supportive servioss. ~58~.11b (d) 7"echnicrii ccssista~:cc. HUD tray offer technical assistanos, as described itt X688.140. 15S FA 13871, Me,r. 15, 1983, as amended at G9 irR sonai. Juiy 18, 10$41 §1;83.106 Qrau#s for aaquislti,on and rehabilitation. (a) Use. HUD will grant funds to re- cipiertta to: {1) I'ay a portion of the oust of the aaquisitiott of roal property sslHated by the recipients for uses in the pr«vision of supportive horsing or supportive services, includlxtg' the repayment of any outstanding debt an a loan made to pttrohase property that bsa rat been used previously as sul}parttve housing or far supportive servioea; (2) Pay a portion of the cast of reha- bilttation of atruoturas, tnaluding oast- sffeativo Huergyr meaaut•es, selected by the rscipinnta to lrrovlde supportive housing or supportive sex~vires; or (3) Pay a portion of the cast of aacltti- aition anti rahs,bilitatlon of atrucl:ttres, ax desarlbeQ in paragraphs (a)(1) and (2} of this ssotian. {h) Amou9at. The maximum 6~rant available far acquisition, rohabiiita- tion, or acauisitiaaa and rehabilitation is the lower of: (1) ~200,OOD; ar (2} The total cost of the acquisition, rphabilitatian, or accluisitlon and reha- bilitation minus the applicant's oon- tributian toward the cast. (a) lncreccsed arnou~afi~, in arses detor- mittad by HUD to have high acquisition and rehabilitation aostA, grants of mare than $200,000, bttt not more than 5400,000, may tts available. §883.11D G'irat-ts Far raw eonstruativxt. (A) Use. HUD will grant funds to re- cipients to pay a portion of the cost of new aonstruation, inaluditt@t cost-effec- tive energy measures and the oost of land nssoaiated with that construction, for rtes itt the prevision of sttltpartivH housing. Tf the grant fltnds are used for new construction, the appiiaallt must demonstrate that the costs associated with new Construction are subst-an- tiaily less than the costs assoaiat;ed with rehabilitation or that there !s a !salt of available appropriates units that could be rehabilitated at a cost less titan never aonstCuetian. P`or purgoaes of 2~3 ~ 583.115 this cost cornpai•iscn, aoata asaoalatecl with rehabiIitrxtion or new oonstrtta- tialt may include rho cost of real prop- erty a.Cquieitian, (b) ~lmnunt. The maxitxtum giant available for xlew aonatruation ie the lower of: (8) 2'he toL-al coat of the now con- struotioit, including t'iie coral of laird as- sociated with that conatruation, minus the appliCant'a eontl'ibution toward tiro cast of same. # 5198.115 Qrants for leasing. (a) C~ezreral. HTJD will pmvide grants to pay (as clesarihad in § 589.190 of this part) for the aci;uul costa of leaain$ a struatut'e ar structures, ar portions thereof, used to provide supportive housing or supportive services for np to five years. (b)(1} L¢astnp struatzeres. Where grants are used to pay rent for all ar parC of struoturea, t11o rant paid rrtust lre rea- sonable in relation to rents being aharg•ed ire bhe area for aomparabble slraaa. In addition, the rant paid may not exceed rents currently being charg'eft lay the same owner far ootn- parable spade. ' {2) .Leusliap dzacdlaiduad z4rilts, Where g'rante ass used to pay rout foe' indi- vidual housing units, the rent paid moat be reasonable in relation to rents hying charged for comparable units, taking Into acaotint the Location, size, type, quality, amettitiea, f~railities, attd management services. In additiair, the Yenta ms,y not exceed rents otxrrently being charged by the same owner far comparable unaeclsted units, and the liortian of rents paid with grant funds ,nay not exceed liU])-determined Fair market rents, lteaipients may use grant funds in an amount up to one rnonth'a rent to pay the non-recipient landlord for any damages to leased units by homeless participants. l68 FR 1SB71, 1Mar. 18, 1693, ae amended at 59 FR 96891, Jg3y 19, 19991 §583.150 Grants for supportive ecru i~ee oasts. (a) Geraxral. IiUD will lirovide l;rants to pay (ttc decatKhed in $608.130 of this part) for the actual costs of supportive cervices far 1-orneless persons for up to five years. All ar part of rile supportive ~4 CFR CFI. V (4-1-09 Edltioh> servic9a nlay be Provided Qireatly key the recipient or by arrangement with public or pxivate fiervice providers. (b) Szcpgrortlve ssrvlc'es costs. Caste as- sociated with providing supportive cervices include solarise paid to pro- viders of supportive services and any other costa dtrectlq aasoaiatad tvitlr pt'ovicling such sorviaea. Per a transi- tional housing pro)eat, supportive aerv- iaes costa also include the costa of serv- iaes provided tq former reaidenta of transitional housing to assist their ad- ~118tniertt to itldepelZtlent llVing. ~uah cervices may be provided Yar up to six rnontha after they leave the transi- tiorlal housing facility. 1;58 FR ]887], Mar. 15, 1888, as amended at b9 Ii'lt $8691, ,7uly 16, 1884] # 553.125 GrAxtts for apexnting costs. (a) ar.~zteral. HUD will provide grants t0 pay a portion (aa described in §583.19U) of the actual operating aoata of supportive housing far up 4a iive years. (b) Ogrerat4ztg costs. Oporatilig costs era Chase assaniated with thA +iay-ta- clay operation of the supportive hous- ing. They also Include the aolual ex- genses that a recipient incurs for oon- duoting an-g~oiiti; aasesstlients of the supportive sarviaas needed by residents aYtd the availalrllity of such aarvioes; reiocation assistance under §b89.310, !n- aluding paymeirts and cervices; and in- surance. (c) IZeel;ptent zrrtatch regaairerrtent for ap- e~xctl~tg casts. Aasiatanae for operating costs will be available for up to 7b pates cent of the total cost in each year of the grant ternl.'1']ie recipient moat pay the percentage of the actual operating costs not funned by liUL1. At the end of each opex'ttt;ing year, the recipient must demonstrate that it ltaa met its match raquirem@nt of the cosi;x far t]iat year'. Cb8 FR 18871, 11+far. ]5, 1988, as amended at 81 PR b1i78, sePt. 39, 1688: 88 Fit 50823. Achy 12, 2090] $ S8$.1R0 Contmitmont of grant amm~nts for leasing, suppo>tive serviams, and operating coats. Ugon execution of a grant aBraement covering assistance fur leaaing•, sup- portive servieea, or operatin~• coats, HUD will obligate alnounts for a period not to exceed flue operating ,years. The 2G4 Oic. ai•Asst. Secy., Carrlrn. Planning, Develop., HUD tota~,l amount obligated''will Ise equal to att axnnunt neoessaTy for the spec:ifisct years of operation, less the recipient's share of operating Hosts. (Approved by the Offiaa at' R4atlagament anal ]3udgst ender GM9 anntrol number 2396-O11S) fbB H'R, 96681, Jtily 18, 3.994] # 585.188 Administrative ens~is. (a) Ge~norul. Up to five percent of any grant awarded under this port may be used for the purpose of paying costs of administering the assistance. (b) Administrative costs. Adminfetra- tive costs inolude the aosi;s associated with aacounttng for the use of grant funds, preparing rspox'ttl fur submission to HUD, obtatuing program audits, simflex casts related to administering the grant after the award, and staff sai- ariss aasoniated with these administra- tive costa, ~'hoy do Hat inolude the t;oats of carrying out e.Ligible activities ender ¢#583.E05 tllt•ottgh SE}3.126. [b6 F'R 19871, Mar. lb, i9D9, as atnonded. a.t 63. 1a FL b117b, kept. 99, 19961 #685.190 Teaitniaal assistance. (aj C.eslera;l. HU17 nnay set aside funds annually to provide teohnioal assist- ance, c~ither directly by HUD r3taff or incursCtly through third-party prn- vldera, for oily supportive housing pralsat. ThiQ technical assistance is for the purpose of promoting tits dsvelnp- msnt of supportive housing and sup- portive services as part of a continuum of care approach, iucluctitsg innovative approaches to assist homeless persons in the tra~tsitian frpm homelessness, and pronnotiatg the provision of sup- portive housing to homeless persons tc enanle them to live as independontl.y as passible. (b) Cues oi~ tecfaretiat usstatr~nca. HUD may use these funds to l:ravide tsch- nic;al assistance to prospective appli- nants, applicants, recipients, or other providers of supportive housing or serve ices far homeless persons. for sup- portive .housing projects, The assist- ance may inolude, but is not limited tn, written information such us papers, mozlographs, maltuttle, guides, anti bra- ahures; person-to-person excltanges; and training attd related costs. (c) ,S'electinn of providers. Y+~rozn tlrne to time, as HUD deGerntines tits need, $583.150 HUD may advertise and competitively select providers to delivsr tenhnical ae- sistance. HUD may enter into oon- tracts, giants, crr oaoperatlve agtee- ments, when necsssat:q, to implemsnt the teohninal u>taistanae, i39 i~'14, 868F32, July 19,1989] #1588.146 Matohingrequirements. (a) General, 'Fhe recipient must match the fends provided by HL1D for grants for aegttisitioYt, rehabiiits-tlan, tlxtd new oonsGruotion with an equal amount of funds from ocher sources, (b} Cush resources. The matching Binds must be Hash resources provided to the pro~set by one or more of the following: the recipient, the Fedsral goveixtment, Stets and Laval govern- ments. and private resources, in ac;- cordancs with 42 U.S.C3. 11386. This statute provides that a recipient may use fonds from ally source, inoluding any ether Z• ederal source (knit exalud- iug the specific statutory subtitle from which Supportive Housing Program funds era provided), as wall as State, 1oca1, and private sources, provided that fonds frarrt the other sollrae Rre not statutorily prohibited to Ue used as a match. It is the responsibility of the recipisnt to unsure that any funds used to satisfy the matching regniretnents of this section are eligible ender the laws governing the funds to be used as lnatchiltg funds for a grant awarded ender this program. (o) Mr~i~atencance of effort. state or local government fu:tds used in the matching contribution are suh)eoG Lo the maintenance of effort requirements described at §588.160(a}. Cb4 FR 59871, Mar, i8, 1893, as amended a,t 73 F'R. 7fi326,1)eC. 11, 29801 # 683.184 Limitations on nee of etssiet- anae. (a) Mc~interaance of ejfart. No assist- ance provided under this part (or any state or local government funds used to supplement this assists,noe) may lie used to replace State or Iocai funds previously used, or designated for use, to assist halnelsss persons. (b) Fa{t)a-braced actlvEties. (1) Orgauixa- tions that are religious or faith-based are eligible, on the salve basis as any ether organisation, to participate in ZJJ ~5@3.155 the 8uppartive Housing Progratn. Nei- I;her the Federal government nor a F~tate or loral government receivi33g ilutds antler iSupportive Housing pra- ~~rains shall clisariminata against an or- ganiaation an the basis of i;he organiza- tion's religious oharaoter or affiliation. (Z} Oz'ganlzations Ghat are directly iltnded under tine Supportive Huuslttg Yragraan may not engage itt inherently religious activities; such as worship, religious instruotian, nr prasalytlza- tinn as part of the programs ar sexWices funded under this part. If an organiza- tion aoncluots such activities, thH ac- tivii;ies must be Offered separately, in time or location, from the programs or services funded under this part, anti participation tnu$t be voluntary fpr thr, benefioiarfes of rile HIJb-funded pro- ~'rams or services. (3) A religious organS~,tion that par- tfoipatfls in the Supportive Pleasing Program will retain its indopeitdence from Federal, ~3tate, and local gavarn- nients, and rna•y continue to carry out its mission, inclu~iling the daf#nition, practiao, and expression of its zbligious beliefs, provided that it fines not use di- z'eot supportive Housing Program funds to support any inherently reli- yious activities, such as worship, rall- gious itistruotion, or proselytization. Among othet• things, faith-baseci orga- nizations may use epees in their faaiii- ties to provide Supportive Housiii(; Program-fltnded aervioes, without re- ntaving religious art, iaone, scriptures, or atltex' religious syxnhola. In addition, a Supportive housing Program-funded religions organization retains its ~au- thority over its internal g~oveinanoe, and it may retain raiigious terms in its organization's Hama, saleat its board members. on a religious basis, and lit- olude relfgious referenosa in its orgaitl- zation's mission statements anti other governing documents. {~} A1t ol•gattlzation that partiafpates iii the 5upportiva Housing Program shall not, in providing program assisG- anoe, discriminate against a program beneficiary ~ or prospective program banaficiary on the basis of religion or religious belief. {S) Program iutidt~ may not be used for Lhe acquisition, aonstrnatioii, or re- habilitation of structures to Lhe extent that those structures ars us$d for in- 24 CFR Ch. V (4-1-09 kdHlon} herently religious activities. Fragrant funcla may be treed for the aoqufaltfon, construotian, or rehabilitation of sstruatures rntly Co the extent that those structures are used for con- ducting eligible activities antler this part. Where a structure is used for both eligible and inherently religious aotivi- ties, pragranz i~tnds may not axoead the cost of those portions of the aoaluisi- tion, c:onratruation, or rehabilitation titer era attributable to eligible acUlvi- ties in aocordanoe with the ooet ae- oounting requiremeiits applioaUle to Supportive Houe#itg Programs funds in this part. ~;anatuartes, chapels, or other ronms that a Supportive Housing Program-ittnded religious congregation uses as its pritiaipal plaa9 of warship, however, are ineligible far Supportive Housing Program-funded itnprove- ments. Disposition of real property after rho term of the grant, or any cltattgs in use of the property during the term of the grant, is subjact to gov- ernment-wide regulations governing real liroiyerty csposition {see ~9 CFR parts 84 and 85}. (8} If a State or local gaveintneztt vol- untarily r.ontributes its own funds to supplement federally fttndecl activities, the BVtate ax local government has the aptiaii to segregate the Federal funds or cammin~•le them. However, if the funds ars ciointningled, this sactian ap- plies to all of the aomrningled funds. {a} 1'arttciiiattt control of s{te. Where all applicant doss not propose to have con- trol of a sfL-e ar sites but rather pro- pases to assist a homeless family or in- clividual in obtaining a lease, wiiioh tnay include assistance with rant pay- inents and receiving snppartive serv- ices, after which cline the fatniiy or in- dlvidnal remains in the same housing without furL•her assistance under this part, that applicant ntay ;mat iequeat assisL•anae for acquisition, zehabiliLa.- Lion, or new oonstruotion. f58 FR 18671, Niel. i5, 1998, as amen~iefl at 59 FR 65698, July 19, 19E18; 86 B`8 58Q07, Sept. 3U, ;aBUSI #6A9.1136 Consolidated plan, (a) Apiolaca~-ats Ghat are States or units 01' Aeneaal local ~pove:•ntne•nt. 7.'he appli- cant must have aHUD-approvad~ com- plete or abbreviated aonsaliclRted plan, in aaaordatioe with 29 OFR part ill, and 2G6 4lc. o} Asst. Secy., Comm, Planning, Dsvetop„ HUD must submit u c:srtificatirnt that the application for 11~nding~ is consistent with the HUD-approvect Consolidated plan. Fnndsd appiirants must certify 171 a grant agreement thai; they are fisl- lowing Ills 11UD-approved consalidated plan. (b} AppIfcaaats i3aat are noE States or uraies of general loca•1 yvver~aamant, The applicant must submit a certification #ay the ~urlsdiction in svhieh the pro- posed praievt will be iaoated that the applicaltt's application for fmx3ing is consistent with the jurisdiction's HUD- approved consolidated. plan. The cer- tification rnuet ba stela by the unit of general local government or tho Htats, in accordance with the consistency cer- tification pxovislons of the oonsali- dated plan ragnlatiana, 24 C~'lt part 91, subpart F. (a) Indtara ta$bes raced the Ia[sular Areas nj (.Tr[apn, the U.S. Virflln 1slasads, rlanrt= fcaaa .5`amaa, and the Northern Mariaaaa Istavads, 't'hese entities era net required to have a aanealidated plan ar to rnalce oonsvlidated plan certifications. An ap- plication key an Indian tribe yr other applicant for a project that will be ln- catsd on a rassivation of an Indian tribe will not require a csertifiratton by the tribe or the Stara, klowever, where an Indian tribe is the tipplioant for a project that will not ba Ivcatod on a reservation, the requirement far acar- tificatiosl under paraifraph (b) of this section will apply. (cl} 7$a~sitap of coaasolidatad faiaaa certtj4- catiaaa stcbtnisstans. Unless otherwise set forth in the NdN'A, the required certifi- cation that rite application Tor fltnding is consistent with the I3UD-approved consolidated plan must be submitted ley the funding application submission daatiline announced in the NOFA. (00 IrR 1fi360, Mar. 90, Y99b] Subpart C---Appticcition and Grdnt Award Process # 889,288 Anpifastlon and grant awsu'd. When ft[nde are made available fur aselRtanae, IiUD will publish a stotive of funding availability (NOp'A) to the FEllLKAL 1Z19f1•Iti'1•falt, in aacordanae With the raqulrantents of 24 CP'R part 4. HUD will review and eereen applications in aoeordanaa with the requirements in § $83.7.30 aeotien ~'ZB of the MaKiltney Act (42 U,B.C, 11388) and the Efuidelines, ratuig criteria, and procedures puhlisltod in the NQFA, [61 FA, fs1I76, ~3tfpt. 30,1906] # 889.298 Environmental review. (a) Activities under this part [tre sab- ,}sut to HUD environmental regulations in part S8 of this title, except that 1lUD will perform an environmental review in accordasaae with part SO of this title prier to its aislu'oval of any aondi- tionally seleoted applications far Fis- cal Year 2000 and prior years that wars received directly from private aaon- profit entitles and gvvernsnental enti- ties with spacial ar limitod purpose powers. Fvr. activities under a bn`ant that gesterally would ba subject to re- view under part 6$, HUD may make a T#r-ding in aocordttince with §58,11(d) and may itself perform the environmental review under tlt® previsions of past b0 of this title if the recipient abjecta in waiting to the responsible entity's per- forming the review under part SB. Irre- spective of whether the reapvuaibte en- tity in stocard with part SB (or HUD in anoarcl with part SO) pas"farms the estvi- ranmantal review, L•he rscsipiant shall sapply all available, relevant informa- tion neaoeaary for the responsible enti- ty (or HUp, if agplivable) to perfarrn for each property any environmental review required by this part. 7'he re- cipient also shall Derry out mitigating• meastrrae required by the responsible entity (or HUD, #T anpiicable) or select alternate eligible property, HUD may eliminate from aonsideratian any ap- plicatton that would raquire,an a3nvi- ranmantai Impact Statement (Ps,I$}, (b) The recipient, its project partners and their oantraators may not acquire, rehabilitate, convert, lease, repair, dis- poae of, dasnolish or conuL•rnvt property for a proleat under title part, or com- mit or expend HUD yr local fonds fox• such eligible activitiex under th#s part. until rite responsible entity ins defined in #b8.2 aT this title) Itas compi9ted the environmental review prooedurea re- gttirad by part 58 and the envirvn- mantttl aertifica.tion and 1t1;OF' have been approved ar HUD hers performed an environmental review under part 60 and tics recipient has received HUD ap- proval of the property, HUD will not `LJ? ~ 583.95 release grHatt funds if the raafpient or any other party commits grant funds {d.e., incurs any casts er expenditures to bo paid or reimbturnad with such funds) befors the recipient submits and HUD approval its RRO>i' (where such submission ixt required). (68 Fli 8ti1111, Sept. ~9, 2p03J #38S.a86 Renewal grants. (a) General, Clrants made under this Bart, and grants malls utzder subtitles C and A {the Suppartiva Housing 3~em- vnstration and BAFAH, rexpeatively) oi' the d3t;aWart B. MCSintxey Homeless As- sistance Aat as in effect before October 28. 1992, may be ronewed on a non- competitive bask to continue ongoing loaning, •oporations, atul supportive aarvices for additiattal years beyond tits initial tending period. To be aon- sidared for ranowal funding far loaning, operating costs, or supportive services, raaipienta exult subntlt a roqueat for sut:h funding in the form specified by HUD, must meet tits requirements of tY-is pRrt, anal must submtt requests within the tiles period astablinhed by litre. (b) Assistance avudrablr.. Tits first re- newal will be for a perlod of time not to exceed the difference between the and of the initial funding perlod and text years from the data of initial oaou- pancy ar the data of initial service pro vision, as applicable. Any subsequent renewal wili be for a period of time not to exceed fivo years. Assistant;e during en~ch year of the renewal period, sub- )evt to maintenance oY effort regttire- tnents under § fi83.16D(a} tray be for: (1) Up to 6D percent of the actual ap- erating and leasing ousts in the final year of the initial lttnding perlod; (2) Up to the amount of HUD assist- ance tar supportive services in the final year'of tiro initial iltndittg period; and t8) An allowance fc>r oust in<;reases. {o} HUD ravdew, (1) HUD will review the request for renewal an[1 will evalu- ate the reaipieut's peri'ormattae in pre- vious years against the plattn w.nd goals eatahllshed in the initial applloation fur assistance, as amended. HUD will approve the request for renewal unless the recipient proposes to serve a popu- lation that is not homeless, or the re- cfpient has not shown adequate progress as evidenced by an unaaoept- 24 CFA! Ch. V t4-1-04 EdiF~ara) ably slaw expenditure of funds, or the recipient has been unsttecassittl in as- sisting partiaipattts in achieving and maintaining independent livirtg•. In clc- terntiniug the recipient's success in.as- sisting participants to achieve and maintain independent living, c~nsider- ation will be given to the level and type of problems of participants. For roeipients with a poor record of Suc- cess, HUl7 will also emtsider the recipi- ent's willittgnegs to acaspt teahniaal assistance and to mains changes +sug- gested by technical ~ assistance pro- videtre. Ather factors which will affect HUD's decision to +tpprove a renewa~,l request include the Yollowinte: a aan- tintting history of inadequate financial management aaoounting pr2totices, in- diaationn of misntanagentent on the part of the recipient, a drastic redua- t;ion in the population SsrveQ by the re- cipient, program changes made by the recipient witltcut prior HUA aT3provai, and laps of proieot site. [2? HUD reserves the z•!ght tc rejec;t a request from any organix~+,tiatt with ttn outstanding obligation to HUD that is in arrears or fox which a payment sahodule has not been agreed to, ar whose response to an audit finding is overdue ar unsatisfactory. (3) HUD will notify the recipient in writing that Ghe request ham bean ap- proved or disal~praved. [ADUroved by tho DYnaa oY Matlagomant and ?3utlgoL• under central number 25DG-4112) Su~parf D-Program Requirements # 68f1.13f~0 Qenernl operation. (a) State aitd local requdremeatts. 1/ach recipient of assistance unclor this Bart moat provide housing or setwicas that are in oatnpliance with it,ll applicable f3tate and local housing aoden, 1laans- ing requirements, and any other re- gttiror~tentn in the 7w'isdictien in which the pro~eot is located ragas+iing the condition of rho structure and the op- erai;fon of the housing or services. (b) Habitabdidd~ xtandards. Except for suoh variRtions as are proposed Uy the rectipient and approved by HUD. suP- Partive ]causing must inset the fol- lowing raquirotnente: (1) b"tructuae grad mate~•drais. `i'he struc- tures mast be structurally sound so as eat to pose any tihreat to the health 25$ Oic. of Asst. S34cy., Comm. P[pnnfn~, Deveb~., HUD and safety of the occupants and so as t(3 protect the resirle3lta from the ele- inents. (~) Access. The housing must be acces- eible and capable of being utilised without unauthorized use of other' pri- vate properties. ~ltructures must pro- vide alternate zneR.ns of egress in case of fire. (3) Spr3ce and securit7~. Each resident must he afforded ade3lus,Ce spiwe and security far themselves and their be- longings. Each resident must by pra- viclAd ail acceptable piaae to sleep. (9} I~iteriur c~F~ ciuuditu. Every roam or space 3nust be previded with natural oi' mochaniaal ventilation. iitruaturoe roust be free of pollutants in the air at levels that thiroc3.ton the hvaith of rvsi- dsnts. (Fi) li~atc3r ,tt~grpty. The water snppiy moat be free from aonta,rnination. (6) S'anilcary faei2tttes. Residents mast have access to sufficient sauit3tiry fa- cilities t.13at afro in proper operating aonditla33, mey ba used in privacy, and ors adeciurttB for personal cleanliness and the disposal of human waste. {7) T31a3•mad e~tvdroasmer~t. The housing must have adequate heating ancUor cooling faoilltisa in proper operating condition. (8) Ctdui~idnatio9~ and aleGtrdrity, The housil3q must have adequate natural or artificial illumination to permit sior- nial indoor activities and to support the health and tiafety of residents. ~ut- ticie3st eleotsioal sources must be pro- vided to permit use of vssent#al elee- triaai appliances wlrile assuring safety from fire. {9} ~'aod preparatfoar, and refuse d3s- pasad. All food preparation areas must contain suitable space find equipment to stare, prepare, and serve food In a sanitary manner. (l0) Sanitary cortdttian. Tlso housing and airy equipment must be 3naint~tineQ in sanitary aondition. {11) I1Ire safetpl. (i} Eaeh unit must isi- alude at least one battel•y-operated or hard-wired smoke detector, in proper WOP$131~ aor3dition, On Baap 03SGUpied level of the unit. Smoke detectors must be located, to the extent prac- ticable, in a hallway ad3acent to a bed- room. If Che unit is occupied by hear- ing-impaired persons, smoke detesters must have an alarm system designed $ 59S.S00 for hearing-impaired persons in each bedroom ooaupied by a hearing-im- paired parson. (ii) The public areas of all housing must be~ equipped with a sufficient number, but not less than one for v3u;h area, of battery-operated or haul-wired smoke detesters. Public areas include,, but are not 113nited to, laundry rooms, aommuulty roams, day sore scoters, hallways, stairwells, and other com- mon areas. (c) Meads. ERCh recipient of assist- ance under this past who provides sup- portive housing' for homeless persona with disabilities must prcvicle meals or meal preparation facilities for rosi- clonts. (ci) O7igolrig assessment crf supportive sc~rviccs. Each recipient of assistance under this part must coiiduot an ang'o- ing assessment at the supportive serv- ices required by the residents of the pratet;t a11d the availability of such services, anal snake adtustmonts as ap- propriate. (e} Resfdent4ad supsrutstnn. Each rs- cipie3tt of assistance u3ndor this part intiet provide reaiclential supervision as itecessary to facilitate rho adequate provision of Rupportive services to the residents of the pausing' thrnug'hout the tears of the commitmo3it to operate supportive housing'. 1Zvsidential super- vision may include the employment' cf a full- or part-time residential sttper- visar with sufficient knowledge to pro- vide or to supervise trio provision of supportive services to the residents. (f) Parttciyatiott pf 13nmsdess garso~es, (i) Each recipient must provide for the participation of Isomelesa persosis as re- puired in svution 926(8) of the MaKin- nay Ant {dZ U.S.C, l18>18(g)). This ro- quirement is waived if aiz applicant is unable ~to i'neet it and presents a plan for H[3'D approval to othertise consult with homeless or formerly homeless persona in acnsidering and malting policies anal decisions. fee 3t1so ~ 588.38U(e). (2) Each recipient of assistance under this part must, to the soar#mum extr~nC practicable, involve homeisas is3divid- uals and families, through employ- me31t, valu3rteer services, or otherwise, in oonstruating, relsabilitating, main- taining, acid operating the protect and 239 ~aea.sos in pruvidixlg supportive services for the project. (g) Records attrl r¢ports. 19ach rec[pient of Aaai3tariae Under this part InU$t keep rr„lly records uncl make auy rapartg (in- aluding those pertainilig to rare, etll- nicity, gender, stzld disability states data) that HUD may require within the timefranle required. {h) Canjidenttalit~. 1Baah recipient that provides family violence preven- tion or treatment $ervires must cle- valop and implement proaednres to en- ure: (1} 7'he confidentiality of rescorela per- tttiitillg to any individual serviaas; and (2} That thH address ear looation of any project assistod will not be n1a,Qe public, except with written authoriza- tio11 of the tlorson or persons respon- sif~le for the opaxaLlotl of the projeot, (i) T'esyntnatian of haustrsg assistance. The recipient may ternlina,te assist- ance to a participant who violates pro- gram requirements. Tieoipients should terminate as1$1$tanae Unly 111 the ntOat savers rases. Recipients .may resume asssiatalloe to a partiu#pailt whose as- sistanae wtts previously tertninatad. Ill tt+rminating assistance to a paltissl- pa,ltt, the reail~ient must provide afor- tnal procetis that resaognirces the rights of ixtclivlcltlalsl receiving assistance to clue prooass of law. This proaeas, at a lnitlimum, moat con$irat of: (1) written notice to Ghe participant containing' a clear statement of the reasons for termi:iatfon; (2) A review of the deai$ion, in which the partiail~stlt is given the oppar- tunity to present written or. oral objec- tions before a person other than fire parson (or a subordinate of t.ilat porsan) who inadc or approved the termination decision; and {8) Pratnpt written natiae of the Yinal deaisian to the partioipant. {j) T.imitatlon of sta;f iai trarasitfortai ien~sastng. A homeless individual ar fani- ily may remain iti trs(.naitiotlal housing for a period longer than 24 months, if permanent houailtg for the indlvlcitlal or family has not been located or if the individual or family requires addi- tional time to prepare for independent living. However, F1Ull may disaolltinue assistance for a trs,nsitional housing proJeat if more than half of the home- 2A CSR Ch. V (4-1-09 Edltlon) legs lndividaal$ or families remain in that project lallger Y,han 84 months. (k) Olttgtatiestt laealth ssaraices, Utlt- patienthealth services provided by the recipient msxst bo approved a$ appro- priate lay HUD and the Department of Health and Human i5erviaes (HHSI. Upon receipt of an alyplication that proposes i;he provision of outpatient health servioas, IiUD will consult with HHE3 with respect to the appropriato- ltes$ of the proposed services. (1) An~azutI rasssdrartces. Recipients who receive assistance only for le~u3ing•, op- erating co$Cs or supportive servloes costs must provide sill annual asaur- sinao for each year such assistance is rae+3lved that the project will be apor- ated for the purpose specified in the ap- plication. (Approve[? by Gtte pflYae of lv[anagemeslt anal Budget mtder contra] nustllsar 3606-017.2) l~8 BAR 69671, Mar. 16, SAAB, as amsindeA at b9 P'R 38892, July 18. 1D94; B3 F'R 51178. Sept, 30, 1990] # 688.$06 Term of aa~nmltment; ropey. meet of grunts; prevention of undue 6eneflts, {R) '1'csyn t3f L'tllRmit9t1B9Lt IE9Rd COVE77@Y8109b. Recipients moat agree to operate the housing' or provide supportive eerviaee in st,coard~tlce with thisa Esat•t and with aeatibtta 423 (b)(1) sand (is)(8) of the NIoKinney Aat (42 U.Q.C. 11983(b)(1), 11383(b)(8)). (b) ltcp~aytst<mt of Qrrrnt [And presvention. of u•~tdrte Ggnellts. In aaoordanae with section 493(x) of the McKinney Aat (42 U.lS.C. 113D9(c)), HUD will require re- cipients Ga repay the grant unless HUD has auUllarized ovnversion of the project under seat#on 42a(b)(3) of the MoKinnev Act (42 U.'3.C.11S98{b)(3)}. Efil FR 61176, t3eUt. 9D, 1990I #888.A1U Uiepiacement, relocation, and xaquisitiun. (a) Mintmizlsrg diisptlacer»e~.t. Con- sistent with the other goals and objec- tives of this part, reoipients must asa- sure that they have t-alsen all reason- able steps to minimise the displace- ment of parsons (families, jndividuala, businesses, nonprofit arganization$, slid farms) st,$ a result of supportive housing assisted under this part. 260 Ofc. of Asst. Secy., Comm. planning, Davetap., HUD (b) Rclo~vztlon r~.cslstancrs far d~tspiaced persgns. A clisplaaecl person (defined in paragraph (f) of this (section) must bs provided relocation assistance at the levels desoribed in, and in Accordance with, the requirements of the Uniform RelaoaGian Assistance and Rstkl Prop- erty Acquisltian Policies Act of 170 (U13.A) (92 U.S.C. 9601-4665} and imple- tnenting regulAtlona at 99 CFR part 29. {a) head proioertp/ <tcqutsltfan reRuire- flterc.ts. The acquisition of real property for supportive hauling' is sttbjeat to the URA and the requirements described in 4B GF'R, praa'r 24, subpat't B, (ci) Resp7anslb><13tT1 oJ' rerlp>tan.t, (i} The r®oipient must aartify ft.4., provide as- snranee of compliance) the,t it will oamply Witlt the UR.A, the regulations At 49 CFIt part'lA,.And the requirements of this section, Attcl must ensure such +:.otnpllAnae notwlthatanding Any third pnr~y's aontt'actuai o171igatinn to the reaipienG to oomply with these provi- B[prts. (2) The cost of rQgttired relaaatian as- sistance is asi aligiUla project oast in the same manner and to the same ex- tent As outer project costs. pinch coats also utay bo paid fnr with local ptihlia funds or funds available from other sources. (S) The rocipiellt must rrtAintain reoords in suffiaiont detail to dent- onstrate compliance with provisions of this section. (e} AaTs. A person who disAgreas with the recipient's determination aoit- aerniitg whether the pe1'son qualifies as A "clisplACed person," or the Amount of relacaGioxt assistaktas for which the per- son is eligible, may Ella a written ap- peal of Ghat determination with L•he re- cipient. Aloes-income person who is clissatisfiod with fire recipient's cleter- ntinr~tion alt hie or her AppeAl may suU- mit awritten request far review of that determination to the HUD field oi'fioe. (f) DeJi!ntt4an of dlsglrsced 17es'son. (l} l; ar purposes ~of this eeotlon, Lhe term "displaced person" means a parson (fA,tnfly, individual, business, noYkprofit organisation, ar fArm) that' moves from real propertyy, or moves personal prop- erty front real propexty permanently A9 a clireot result of acquisitioxt, x'ehabili- tation, or demolition for supportive housing projects assisted under t1Yie 8583.310 part. The Lerxn 'idisplaaed perRnn" in- cludes, but ntay not be limited to: (i) A person that moves gerxrtattenGly fi~osri the a'aai property After the prop- erty owner (or person in control Of Lhe site) issues a vacate notice, or refuses to renew ati expiring lease in order. to evade the responsibility to provide re- location assistance, if the knave occurs crn or ai'ter the date the recipient sub- mits Lo HUA the application or appli- cAtian an3ettdment designating the project site. (ii) Any person, itkalu<iing' a Hereon who maven before the date daacribeci in paragraph (f)(1)(i) of this section, if the recipient or HUD determines that the displacement resulted directly trom Ac- cittisition, rehabilitAtf.nn, or ciomolition for the aasigted project. (111} A teuattt-oeeupalkt of a dwelling unit who moues permanently from the bttildinglaotnple7c on or after the date of the "initiation of negotiations" (see parag7~aph (g') of this ~sectinn) if the move acetu•s before the tenant has been provided written notice offering him or her the opportuntty to loxes and ac- cupy a suitable, decent, safe and sani- tary dwellin(; in the same bttildingl ootnplex, under Y•easonable terms and eanditions, upon completion of the projeot. Such reASOnAble terYns and conditions must inaltlclo a monthly rent and estimated averAge monthly utility costs that do not exoeeil the ~{1'BAter Uf; (A) The tenant's rnontltly rent befara the initiRtion of negotiations and c;sti- mated Average utility coats, or (B) 30 peroent of gross household in- come, if the initial runt is at or near the maximum, tharo must he a reason- able basis for roncltkdix;g at the time the project is initiated that- future rent inoroASes will be modest. (iv) A tenant of a dwelling who is re- quired to relocates tetnpors.rlly, 17th does not return to Lhe buildinglcom- plex, if either: (A} A tenant is not offered payment f'ar all reasonable out-af-paricet ex- penses incurred in c;onnectic3n with the temporaY~,yr reloaatloik, or (R) Other conditions of the tem- porAry reloeH.tinn Are not reasonable. asp §563.S1S (v) A tenant of a rlwellfng~ who moves firms the buildinglconiplex perina- nantly after he or she has been re- mixed to move to another' unit in Ghe same building/aonsplex, if either: (A) The tenant is not offered reint- hursement for all reasonable out-of- poaket expenses ilscurred itr connection with the move; or (}3) Other conditions of the move are not reasonable. {2) Notwithstanding the provisions of paragrapts {f)(1) of this section, a per- son class not qualtfy as a "displaced persars" {and ix neteligible fox' relaaa- tiols assistance under the UR.A or this seatiost), if; (i) The parson teas bean evicted for se- rious ar repeated violation of the forma and conditions of the lease or ooou- paliey agreement, violation of appliaa- Isla Federal, ~3tate, or local ar tribal law, or othsx goad [iause, and HUD de- tt:rsxiittes thRt the evlctiost was snot un- dertaken fnr th[a purpose of evading rite obligation to provic}e rolot3atton assist- a11Uf;: (li) The perroots moved into the prols- erty after the submissian of the appli- cation and. before signing a lease and contmeneing act:upaticy, was provided written notice of rise pi'ojeat, its pas- siblt~ imps<st on the person {e.g~., the person may lee diHplac[sd, temporarily relaCated, ai' suffer' a resit increase) and the fROt that fire person would not tiualif~ xs a "displaced person" (or far asst' assistance provided under this sec- tion), if the pro}eat is al-proved; (lit} The person is ineligible under 49 CPR 29.2(8}(2}; or (iv) HUD determines that the person was cat [liaplaced as a direct result of requisition, rehabilita,tian, or dentolt- tion 1'or tYie pro~sot. (3) The reaipieist may request, at arty time, EIUD's determination of wheth®r a dispiacHrntsist is or would be covered circler this section. (g} Dejln9tioya of irt~dtiation aj ~riegotia- tlans, For purposes of determilling• Lhe formula for computing• the replacement housing assistence to be provided Lo a residential tenant displaced as a direct result of prlyaLely undertaken rehabili- tation, densolitiott, or acpuisitian of L-he real property, the term "initiation of negotiations" means the execution 2d CFFt Ch. V td-1-09 Edition} of the agressnent between the s~ecipient and HUD. {h) DejlaLitlon of prefect. lror pttrposea of this section, the term "protect" means an ustdertaking paid fnr to whole or in part with assistance udder this part. Two or more aativitiea that are integraily rsIated, each essential to the others, ate considered a single prefect, whether or not Rll component aaLlvities r'eaeive aealataatoe under L•his part. ib8 FR 13971, Mar. lb, i995, apt anteii[Isd [tt L9 FR. 9489E, Jttly .19, 1994) i 5A8.316 Real[l®nt rent. (a} Galculcst#on nj resttde~.t rent. each resident of supportive housing may be required to pay ae rent an amount ds- tarinined by the recipient which may net erased rite highest of: (1) 3D percent of the family's molitlsly ad3uetad income (acl~ustment ist,ctors include the number of people in the family, e.gt3 of family members, medical expenses anti S:ltild care expenses). The naloulation of the family's monthiy ad- justed inaonte must include the elr- psnae deductiolsa provided in 29 CFR 6.611(x), and fat' persons with disabiI- itioa, the calrnllatian of the family's monthly adjttatvd income also moat in- clude the disallowance of earned in- come ae provided in 24 qFR 6.x17, if ap- pliaatsle; {2)1b percent of rise femily's monthly gxrosa income; or {s) If the faintly is reoeiviug pay- ments for welfare a$slstanoe from a public agency and a pal't of file pay- ments, ad)usted in xct:ordance with Llie family's acbual honsiitg costs, is spe- clfloally designated by the agency to meet the family's housing costs, the portion of the pxym,ent filet is des- ignated for housing coats, {b) Use nj rent. President rent may he used in the operation of the pra3ect o3~ snag be reserved, in wlsole or in part, to assist residents of transitional housing !ts moving to permanent housing, (a) Fees. in addition to resldesst rent, rscsipients crest' aheLt~'e residents rear sonabie fees for services not pat[i with grant fttnda, (b8 P'Ii, 13871, Mar. 15, 1995, ate antencied aL' S9 F1L 56BD2, Jitily i9, 1099; e8 L'IL 6x26, San. 19, 2x011 X62 pfc. of Asst. Secy., Comm. Planning, pevetop,, HUp ir88R.i32D $ite control. !a) Sdfe co~terod. (1) Where grant funds will bs usod for acquisition, rsl~abilitsr tioii, or iiaw construction to provide supportive housing ar supportive serv- iaes, or where grant funds will .be used for operating' oasts of supportive hous- ing, or where graatt ihnds will be usod to provide supportive services except where tall applicant will ptYavlde serv- ices at sites not operated by the appli- cant, tin applicant anuat dentonatrate site control before HUD will Bxeaute a grant agr~ssmant (e.g., through a descl, leasC, exeouted c;ontract ox sale). If such sits control is riot desnaiastratsd within one .year after initial natifloar Lion of the award of tzssistanae under this part, the f~'rant will he deobligated aR provided in paragraph (a) of this sec- tion. (2) Where grant tltnds will bs used to lease all or part of a atruotttre to pra- vida supportive housing or supportive servicaea, or whets grant -funds will be used to lease individual housing units for hoaneless persons w11o will eventn- allv control the units, site control need not be ciemonatrated. (b} b'!te ciaa~age. (1) A recipient may obtain ownership ar central of a suit- able sits different from rile ens spsai- fied in its application. Retention of an assistanoe award is sub3eat to the new sitH's rusetirag all requirements under this p~i't fcrr suitable sites. (2) If the acquisition, rehabilitation. aagnisitiou anti rehabilitation, or nsw construction costs for the aubstititte atte as^e greater than Wie amaut~t of the grant awarded for the site speoified in fire applieatiott, the recipient must- pro- vide for all additional costs. Zf the re- cipient is ualable to demonstrate to HCTD that it is able to provide for the difference in oasts, HI)ll may deobligate the award of assistance. (o) ri2idure to obtatat site co~afrod uadthin. else year. HUD will recapture or deabligate any award for assistance under this part if the recipient is not in control of a suitable site before the ex- piration of one .year after initial anot'ifi- cation of sat award. #b99.1iR5 Nandisnrimination and equal oppartuntly rnquiresmont$. (tt) Ge,aerad. Notwithstanding the per- missibility of proposals that serve des- § 51;3.35 ignatad populations of Qisabled home- letss parlous, recipients serving a des- ignated population ai disabled homa- less persona tare requirscl, within.. the dcasig~nated population, to aatnply with thsasH requirements for nnndisarimina- tian on the taasis of race, color, reli- gion, sex, national origin, safe, Yamilial stga,ttts, rertel disability. {i>) Nortdiscrtmirautdon and erttcrtd nppnr- tunitg! ra2tairements, The nandisaximina- titan ttnd equal opportunity require- ments set fnrth at part 6 of this title apply L'a this program. '1'he Indian Civil Rights Act (28 U.~1.C. 1401 et seq.) ap- plies to tribes when Choy exorcise their powers of self-government, and to In- dian hattaing a+ztlaoritios {IRAs) when established by the exercise of sot:h pawars. When era IRA is established under State law, the applicability of the Indian Civil Rights Act will bs dv- terrrained on a pass-by-ranee basis. Pro~eot$ sttbjeut to the Tttdian Oivll Rights Aut must be dovslalrt:d and aper- atsd In oomplianoe with its provisions and all implementing HUD requirs- meaats, instead of title VI and the Fair Housing Aat~ and their implementing a^sg~ulations. {a) Pructdures. {1) If the procadurea that the recipient intends to use to snake known the availability of the supportive housing area unlikely to reach persons of any pttrtioular race, color, religion, sex, age, national ori- gin, familial status, ar handicap who may qualify for admission to the haus- ing, the .recipient must establish addi- tional pracadnrss that will ensure that such peraans aa~n nbtaln information coraaex7raiatg availability of the housing. (2) The recipient must adopt proce- dures to make availaUle information an the QX18teriCB and locations of faCili- ties and services that are aaaessible to pei^sons witlt fl handicap and maintain evidence at implementation oT the pro- osdures. {d1 ~4eeassihdditg! rerlttdretne7aGS. The re- cipient moat comply with the new aan- struotion acaessibillty requirernenta of the Pair Housing Aot and section b04 of the ltelaabilltation Aat of 1973, said the reasonable ataaomanodation and reha- bilitation acoeasibility requirements of section G04 as follows: (1) Ali new construction must meet the accessibility requirements of 24 283 $ 583.530 G8'R 8.22 and, as ap~alicable, 'l4 CFR lW,2a5. (2} Projects in Which casts of reha- bilitation arc 78 percent or more of ilia replacamettt cost of the building must meet the requirements of 24 CFR 8.29(x). Other rehabilitation must meet the roRUirexnents of 24 CI'R 8.28(b). (~ P'FL 13B7i, Mar, 16, 1993, as Rmended at 69 Flt 93894. June 30. 1994; 61 P`Fi. 6a1a, Feb. 8, 199$; B1 FR 61178, fleet. 3D. 1996] #!388.880 Agpliaability of other 1E'otlerai requirNanentg. Tit additiozt to tlto requirements set forth in 24 CF'R part 6, use of aalsietanae provided under .this part znusG comply with the following Federal requira- ntents: (a) Flanrl iatstca•r~nct:. (1) The Fl.oacl x)i,s- aster Proteatiou Act of 1a78 {42 U.B.C. 4aa1-4128) pz'ahitzita the angroval of ag- plioatiozts for assistance far acquisitiolt or construction (ina].uding r~habilita- tion) for attpportive housing loaatscl in au area identified by the 1' edcral Final'- genay Manag~emvnt Ag~enay (FFMA) as having special flood haxat'de, unless: Ei) The apmmunity in whioll tits arcs !s $ituated is particigatitzg in the Na- tinnal Flood Iztsttranae Program (see A4 GI''R parts 69 through 79}, or less than a year has passed since F'EMA notifica- tion regarding such haaardx; anti (11} flood ittauranoe is obtained as a condition of ~apgroval of the agplic~ dolt. (2) Agplionnts with supportive hous- ing located in atz ores, identified by IsEMA as having~ special flood hazards cr~rld reaeivittg assistance for aaquisltian or construaGinn (inu111ding r~habilita- tion) are responsible far assuring that flood insurance under the National 8`lood Inattranca Program is obtain~+i and maintained. {b) `l'ife Ooastal Barrier Resources Aat of 1.982 (18 U,$.C. 85(11 et seq.) may apply to pz•c-pasals under this part, cle- psnding on the assistants requested, (a) Apiclietctaltttp of OMIT CJt'cttltirs. 'Cite policies, guldeliztes, and requirements of OMB Circular No. 4-(37 (Cost Prin- ciples AppllctLltle to Grants, Contracts find Otlter Agreements with Btate and Local Goverltnleltts) and 29 CFR part 86 apply to the award, acceptance, and use of assistance under the program by governmental entities, and OMIT Cir- 24 CFR Clt. V (4--~-04 EcliilaN cular Nas. A-1111 (Grants and Caapara- tive Agreements with Infititutlons c>f Higher Eclttaatian, Hospitals, and Other Nonprofit Organizatic3ns) and A~•122 (Coat Princsiplets Applicable to Grants, Contracts and Other Agreements with Nonprofit Institutions) a])ply to the ac- oeptattae and use of aaaiatanca by pri- vate nonprofit organitiations, axc;ept where inaansistant with the pz'ovisiott$ of Lhe McKinney AcL•, other Federal Rtatllte9, ar tlzia~ Bart. (Cosies of OMB Circulars may be obtained froth E.O.P. Publications, room 22aa, New Lrxecutive Office building, Washington, I}C 2aba8, talephane (2a2) 3sG--?938. {This is not a toll-free number'.) There is a limit of two free copies. (d) .I.cud-hruted lratnt. The Lead-Based Paint Paisontng PrevotaGian Aat {42 U.S.C. 4(321-9846), the Fteaiciontia,l Lead- 13aaad Paitlt Hazard Reduation.Aot of 1952 (42 1.l.B.C. 4861-4858), aztd impie- mentirtg regulations at part 85, a121)- pat'ts A, B, .J, K, atzd R of this title apply to aoti~ities under this program. (v) Cortjltcts of tattcrest. (1) In addition t0 the avnllict Of intflTAet 1'equit'ements in 24 CFR part 86, zto parson who is an employee, agent, aoluaultant, officer, ur mlected nr altpaiuted official of the re- oipient and who exeraisea or has exar- aiged any functions or responsibilities with respect to assisted activities, or wife is in a poaitian to participate itt a daaistonmaking process or gain inside information with regard to such activi- ties, tray obtain a personal or tinanaial fntorost or benefit from the activity, ax have an interest in any onntract, suh- aontraoG, or a[fresrnent wtth respect thereto, or the proceeds thereunder, ei- ther far himself ar herself yr far those with whom he or she ltt~s family or business ties, during his or her tenure or for one year thereafter. Participa- tion by homeless indivfduala who also era participants under the program in policy pr decisionmalcing under §583.84a(f) does naG aonetitute a oon- fllct of interest, (2) Upan the written request of the recipient, HUD may grant an exception to the provisions of paragraph (e)(1) of this section an a case-by-case basis when it deterntines that the exception will serve to further the purposes of the program attd the affective slid effl- aient administration of fife recipient's 2$4 O}c. o} Asat. Secy., Gomm. Picsnning, Develop., FiUD pro9eat. An exception rrxay bs consid- ered only after the recipient hr~s pz'o- vided file following: (i) F'or $tatet~ and other govern» mantel entities, a disclosure of the na- ture of the conflict, aoaoxupanied by an assux'anoe that triers has been pulxlic disclosure of the aoltflict and a descrip- tion of how the public disclosuro was made; and {ii) I'or all reaipienY~s, an opinion of the recipient's attorney that the lnter- est for which the exception ie sought would rant vioiate ~ltate or local lww. (3) :In iieL•ermining whether to tn'ant a r0c(ueated exopptiolt after tiie recipient has satisfaatorlly met the roquirement of paragraph (a)(2) of this sootion, 8UD w111 (sonsicler i~he cumulative effdat eY the following factors, where applfaable: (i) Whether the exception would prc- vlda a significant coat benefit or an es- sential degree ai' Axpertise to the pro3eot Lvhioh would otherwise not ils available; (ii) Wlxetitor the person affected is a member of a group or a1asa of e1lgYbia persons attd the exception will permit sualt person to . receive a'eneraliy the same interests or baxieflts as are bung made available or providod to th[~ y'roup or clRas; (111) Whether the affected parson has withdrawn 13rom hie or her fitnetiona or responsibilities, or the deaisionnialring process with respect to the specific as- slated acstivity in ciue:stioxt; (iv) Whether the intsresG or bexiefit was prel;Ont before the affaotsd pexsozt was ixx a position as described in par( gi`aph (e)(1) oY thin section; (v) Whether undue hardship will r~- ault either to the recipient or the per- son affoated when weighed against the public; interest servod by avoidixzg the prokxibited conflict; and (vi) Any other, relevant consider- ations. (f) ~lzt[lit. The financial management systems used by recipients under this program must provide for audits in aa- cordaxlae with 24 gI'It part 94 or ,part 46, as applicable. HUD may perform o1' re- qullra acs<ritional audits as it finds nec- essary or appropriate. § 5D8.405 (g) Davis-Bacon Act. 7.'he proviaiona of tl-e Davis-Bacon Aot do not apply to taxis program. [b6 F'R 131141, radar. 16, zaaa, ns amenrle(1 ~.t al F~ 5211, reb. fl, 19ss; sa ~. ap2ae, Sept. ir. 1988] Subpart i:--Adminisfralian ~ SR3.400 Grunt agreaxnont. (a) r~e-xarad. The fluty to provide sup- portive housiltg or auppartive servicos iu accordaucse with the requirexnenta of Ghis part will be ineorporatad in a grant agreement exeattteci by HUD and the recipient. {b) Enfopcelnextii. HUD will eni'orae the obll.gations in the grant agreement through such a(stion as may be aplxro- priate, including repayment of funds that have already been disbursed to the recipient. § ~i8S.40b Px'dge'etro [sltanges. (a) FIUD ccgprovul. {1) A recipient may not snake any signiriaant changes to an approved program without prior Hi1I1 approval. £lignifiaant changes inaluda, but are net limited ta, a change in the recipient, a ahang~e hx the pro~eot site, additions or deietians 1x1 the types of activities listed i1z $688.100 of this part approved foz' the progl'axt'1 or a shift of more titan 1D parc;ettt of funds from one approved type of activity to another, and a change in the category of partici- pants to be served. Depending on the nature of the altango, HUD may require a new certification of aonsistanay with the consolidated plan (see §6$3.166). (2) Approval for ahatiges 1s contin- gent upon the application rankini, re- malniug high enough after the ap- proved change to have bean rarnpeti- tively selected for funding in the yeA,r the application was selected. (b) Docunten.4rxCion o1 odher eitatapcs. Any changes to au approvedi program that do net require prior HUD approval moat be fully documented in the reoipi- ent's reaorda. [6a FR 13x71, Mfzl'. lfi, 11193, as antenQe(1 at. Gl 8'R. fi117a, at+pt. 30, lfl9a] 26(•fi § 583.410 Y 5E11.4Y0 Obiigetlun and doabll$atinn of funds. (&} l3bTt~fYtfUiL Of fEC7tf~3. When HITn ana the appiiaant exemite a grant ugree- ~nent, fhncla are obligated to saver the nrnounG of the approved assiatanae under subpart S of this yart. The re- cipient will be expoated to carry out the supportive housing or supportive services activities as proposed ht the appliaatlan. (b} In•cr'ease~. After the initi~el obliga- tion at funds, H1;.TA will not msl~e rovi- sians to inareRSe the amount abligs,ted. (c) 13eobTi~ation. (1) HUl? may dsohlig*a,te all or parts of graa~ts for as quisition, rchabilitatfon, acslu#sition and rehabilitation, or new aoUStrua- tion: (i) if the actual tote.] coat of acquisi- tion, rehabilitation, aaquisltion and re- hs,bilitR,tion, pr new conatructian is leas than the tots.] cost anticipated in the application; or (11) If proposed activities for which funding was approved az~e not begun within three months or residents da net begin to acaupy the facsility within nice manGl~s after grant execution. (8) Ht1O may deobligate the amounts far A.Y111ua1. leasing (SOStS, 4perat#ng csosts or supportive aerv#cee in any yea]: (1) If the actual leasing costs, oper- ating costs or supportive servlco~s far that year are leas than the total coat anticipated in the appllca.tion; or (ii) Tf the proposed supportive hous- la~g operations are not begun wltt~in three snontha after tht~ units s~a~e uvail- able far ocoupanay. (3) The ~Tant ag~reernsnt may sBt forth in detail ether olraurr~tanaes under whioh funds may be deobligatc~d, anal ether sanctions mA.y he isnpased. (4) HUIJ Iriay: (il Rr~advrrtise the a.~*91.lgbili;,y ~~f 11~nds that have bHen deobligated under this section in a notice of fund avail- abliiL•,yunder § Ga8.2DD, or (11) Award cleobligatocl funds to agpli- oatians prevlausly submitted in re- sponse to the moat ~^eaently published notice of fund availability, and in ac- cordance with subpart C of this part. 2A CFR Ch. V (~i-]~-04 ~dMiony zss EXHIBIT B INSURANCE REQUIREMENTS L Subrecipient's_ Lability Insurance A. Subrecipient must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Subrecipient must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Subrecipient must furnish to the City's Risk Manager and to the Department or Division responsible for this agreement; 2 copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s} acceptable 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 on 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: $'I,000~000 Combined Single Limit 1. Commercial Farm 2. Premises -Operations 3. Prod~actsl Completed Operations Hazard 4. Contractual Liability 5. Independent Conkractors 6. 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 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "!eft". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. l ~ ~ ~ o ~ The name of the project must be fisted under "Description of Operations" At a minimum, a 30-day written notice of cancellation, non-renewal, material change, or termination is required. B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.B (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1)-7) are included or excluded. END EXHIBIT C STATE OF TEXAS COUNTY OF NUECES Date: ~~ ~~~G~7 Affiant: ~1~~~ Continuum of C COC COMPLIANCE AFFIDAVIT § KNOW ALL BY THESE PRESENTS: :are Grant Subrecipient Affiant, on oath, swears the following statemepts are true: I, _ ~ ~ ~~u~~ ~~ ~ , am the .,.. X~ ,L~ ~ ~V~C~, (title) of ~. ~1r}~1~(. 6 ~ ~.,~5 ~~;L~( , . , a Texas nonprofit corporation, which has applied for and been awarded Continuum of Care ("COC"} Grant Program funds administered by the City of Corpus Christi {"City"}. Prior to the start of the project for which COC 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: OMB Circular A-102 24 CFR Part 1, .3, 5, $, 24, 35, 45, 84, 85, 107, 135 and 14fi, as applicable OMB Circular A-110 24 CFR 583 OMB Circular A-122 41 CFR 60.1 and fi0.4, as applicable OMB 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 maybe additional Federal rules and regulations, beyond the rules and regulations listed above, to which the Subrecipient may be subject to and with which the Subrecipient must comply, in accordance with Federal laws. Signed: 2~ t~ SWORNN TO AND SUBSCRIBED before me this the ~Qr~k.-r , 2010 ,,,, kk,,,, ~q, t' ~' fVota u ~ ,State of Taxes ~,~~ 'yz My Commission Expiras %~TFn-tr :o Sep#ember 29, 2Qi 1 ff11Hk7k~~4 w o~ ~_ Notary Public, State of Texas day of SUPPLIER NUMBER . ...~. TO BE ASSIGNED BY CITY ~"~°"^`^'" PURCHASING DIVISION City o~ Corpus Christi u EXHIBIT D CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certification and definitions. COMPANY NAME: f ~ i ~~' r L~ `~ ~ ~ 1v J P. o. Box: ! ~~~2} ~' ` ~Y1~v+,~..t,~,¢, STREET ADDRESS: ~ ~ CITY: ~_ __ ZIP: ~ ~~~, FIRM IS: 1. Corporation ^ 2. Partnership ^ 3. ~~Sff ole Owner ^' ~~1 4. Association ^ 5. Other [.]~ l~x,~-~ c~ 'trG~ VXUV+- If additions! space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or mare of the ownership in the above named "firm." f ~ ,n- Name Jab Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title ~ ~ 1~- 3. State the names of each "board member' of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Hoard, Commission or Committee ~~ ~ ~ 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the abave named "firm." Name Consultant (!~ Page i of 2 ~~~ 4f Exhibit E ~~ Carpus .. ` Christi ~.~.~ CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit with this a Standard Form-11, "Disclosure Form to Report Lobbying," in accordance with i#s 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 for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signat re {)~f~DA~ ~ i~i?~1 f11 , Print Name of Authorized Individual ~~1~ C~ Date Organization Name