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C2010-458 - 11/16/2010 - Approved
CONTINUUM OF CARE GRANT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND GOODWILL INDUSTRIES 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 Goodwill Industries of South Texas, Inc. {"Subrecipient"), a nonprofit corporation organized under the laws of the State of Texas. WHEREAS, there being a genuine need for supportive housing services for persons who are homeless and for appropriate facilities in which to provide the services in the City of Corpus Christi; WHEREAS, providing supportive housing services to persons who are homeless promotes the public welfare, health, and safety; WHEREAS, the City is desirous of providing appropriate supportive housing services to persons who are homeless; WHEREAS, appropriate supportive housing services include decent, safe, and sanitary shelter and other services essential for achieving independent living; WHEREAS, the Subrecipient is able and desirous of providing the appropriate supportive housing services to persons who are homeless and in need of assistance in order to improve the quality ofi their lives; and WHEREAS, the City has allocated Continuum of Care Grant {"COC") funds in the amount of $142,720 to the Subrecipient for assistance in providing supportive housing services for the homeless. NOW, THEREFORE, the City and the Subrecipient have severally and collectively agreed and, by the execution of this Agreement, are bound to the mutual obligations, performances, and accomplishment of the tasks described in this Agreement. SECTION 1. CITY'S FUNDING OBLIGATIONS. The City agrees to: 1.1 Funding. Provide the Subrecipient not more than One Hundred Forty-two Thousand Seven Hundred Twenty Dollars ($142,72Q) 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 (grant #TX0024B- 2010-458 Res. 028846 11/16/10 Goodwill Industries ~~Q~~~ 6J010802), a copy of which is incorporated by reference and is attached to this Agreement as Exhibit A. 1.2 Reimbursement. Reimburse COC funds to the Subrecipient according to this Agreement and as follows: (A) Not more than $136,720 will be reimbursed to the Subrecipient for the provision of essential supportive housing services to the homeless. (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 $6,000 will be reimbursed to the Subrecipient for the provision of administrative costs related to supplying supportive housing services for the homeless, with the City retaining the remainder for City-related contract administration costs. SECTION 2. SUBRECIPIENT'S FUNDING 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 $27,344 must be spent by the Subrecipient to provide essential supportive housing services to the homeless. (B) Not less than $0.00 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 $0.00 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 fi 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 on hand and provide an independent audit for such expenditures upon request by the Continuum of Gare Agmt -Goodwill page 2 of 92 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; TERMINATION; NOTICES. 3.1 Term. This Agreement commences October 9, 2090, in accordance with the grant period, provided the City's City Council has approved its execution, and terminates on September 30, 2011. 3.2 Termination. Either party may terminate this Agreement as of the fast 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 for 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 be deemed effective one (1} business day after transmission to the telegraph com- Continuum of Care Agmt -Goodwill Page 3 of '12 parry or overnight express carrier. Notice by fax transmission will be deemed effec- tive upon transmission, with proof of confirmed delivery. (C) All such communications must only be made to the following: if to the City: City of Carpus 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: Goodwill Industries of South Texas Attn: Executive Director 2961 S. Port Corpus Christi, TX 78405 (361) 884-4068 Office (361) 884-4090 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 or the Administrator of CDD to terminate this Agreement and cancel any and all reimbursements of COC funds to the Subrecipient. 4.2 Fire and Extended Coverage. The Subrecipient shall also have in force, through- out the term of this Agreement and during the period which the facilities or building must be maintained as a shelter for the homeless in accordance with Section 5.2 of this Agreement and 24 CFR §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 City 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-evacuation and Adjust Limits. The Risk Manager retains the right to re-evaluate the insurance requirements during the term of this Agreement and adjust the types and limits of such insurance upon thirty (30) days written notice to Subrecip- ient. Insurance types and limits may not be adjusted more frequently than once a year. Continuum of Care Agrnt -Goodwill Page 4 of 12 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 rew covered from or asserted against the Cify on account of injury or damage to 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 ("Indemnifees"}, actr"ng pursuanf to this Agreement and with or without the express or implied invitation or permission of the Subrecipient, or on the part of the Subrecipient or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon fhe facilities being used pursuant to this Agreement and with or wifhout 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- demnifees, 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 the use or occupancy of the facilities by Indemnifees, the Subre- cipient orany of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees, including, but not limited #o, the failure of the Subrecipient to maintain the Facilities. (B} These terms of indemnification are effective upon the date of exe- cution of this Agreement and whether such injury or damage may result from fhe contributory negligence or concurrent negligence of Indemnifees, but not if such injury or damage may resulf from the gross negligence or willful misconduct of Indemnifees. (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 fhe Subrecipient re- lating to this Agreement, fhe Subrecipient shall, upon receipt of reasonable notice regarding commencement of litigafion and at its own expense, investigate all claims and demands, atfend to their settlement or other disposition, defend the Cify in alt actions Continuum of Care Agmt - GoodwilE Page 5 of 12 based thereon with legal counsel satisfactory to the City Attorney, and pay aII charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said claims, demands, ac- tions, damages, losses, costs, liabilities, expenses, or judgments. (DJ The indemnification provisions of this section survive the termina- tion 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 independent 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. SECTIQN 5. PROGRAM REQUIREMENTS 5.1 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 #or only those services specified in this Agreement and which are matched on a cash basis in accordance with this Section 5.1 and the regulations contained in the Code of Federal Regulations. The Subrecipient shall submit matching funds support documentation which must be provided with each request for payment. 5.2 Use as an Emergency Shelter. (A) Any building for which 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 ill individuals) or persons in the same geographic area. Continuum of Care Agmt -Goodwill Page 8 of 12 (C) Using COC funds for developing and implementing homeless prevention services does not trigger any period of use requirements. 5.3 Building Standards. Any building 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 shah assist homeless individuals and families in obtaining access to appropriate supportive housing services, including permanent housing, counseling, supervision, and other services essential for achieving independent living. Additionally, the Subrecipient shall assist homeless individuals and families in obtaining access to other Federal, State, local, and private aid that may be necessary to such individuals and families. SECTION fi. ADDITIONAL FEDERAL REQUIREMENTS. 6.1 Nondiscrimination And Equal Opportunity. The Subrecipient shall comply with the fallowing 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 implemen#ing 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 11246 and the supplemental regulations issued in 41 CFR Chapter 60, as each may be amended; (D) The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. §1701 u, and implementing regulations at 24 CFR Part 135 and 24 CFR §57D.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 Camp., p. 198) (Minority Business Enterprise Development}, as each Continuum of Care Agmt -Goodwill Page 7 of 12 may be amended; and Executive Order 12138, as amended by Executive Order 1260$ (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 Code 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. fi.3 Lead-based Pain#: {A) Subrecipient shall comply with the applicable requirements of the Lead-Based Paint Poisoning Prevention Act {42 U.S.C. §§4821-4$46}, 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) fn 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 ar 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- mentwith respect thereto or business ties during his or her tenure and for one year thereafter. HUD may grant an exception to this exclusion, upon prior written approval, as provided in 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 -Goodwill Page 8 of 72 CFR §583.330 and file a written application, containing full disclosure of the facts, with HUD and the Administrator of CDD. 6.5 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. G.8 Copeland Act. The Subrecipient shall comply with the Copeland "Anti-Kickback" Act, 18 U.S.C. §874, as amended and as supplemented by United States Department of Labor regulations, 29 CFR Part 3, as amended. fi.9 Contract Work Hours and Safety Standards Act. The Subrecipient shall comply with Sections 103 and '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 all 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 Nonexclusir-e Services. Nothing in this Agreement may be construed as prohibi- ting the Subrecipient from entering into contracts with additional parties for the perfor- mance of services similar ar identical to those enumerated in this Agreement, and Continuum of Care Agm# -Goodwill 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 #erms 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. Modi#ications 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 Certification Regarding Lobbying. Subrecipient shall complete the Cerfification Regarding Lobbying form, which is attached to this Agreement as Exhibit E, the con- tents of which, as a completed form, are incorporated in this document by refierence as if fully set out in this Agreement. (EXECUTION PAGES FOLLOW) Continuum of Care Agmt -Goodwill Page 10 of 12 Executed in duplicate originals this ~~~ day of _~Qi~~.lr~,t _ 2010. ATTEST: Armando Chapa City Secretary Approved as #o form: ~ , 2010 ~i~ ~'~.Oi , ~` F ~,I~,~~/f/~.r Eliza h R. Hundley ' Assi nt City Attorney for the City Attorney ACKNOWLEDGMENT g~,,~,~~ ,~ KUiN~RtI~ .... ~" 3ECR ARY STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on ~`~' l~ __, 2010, by 'Angel R. Escobar, City Manager of the City of Corpus Christi, a Texas municipal home rule corporation, on behalf of the corporation. `~, ,,,~ ~. ~= HaLLYHOf1GHrgN ~~- MYCOMM1S51D€VEXPiREu =~;,q~,~' September24, 2012 Notary Pu lic, State Texas CITY OF CORPUS CHRISTI .~ `An I .Escobar City Manager Continuum of Care Agmt - Goodwill Page '! i of 12 SUBRECIPIENT: GOODWILL INDUSTRIES OF SOUTH TEXAS, INC. ~gnature f ~.~ #r! Qfwc~ Printed Name ~~s r~~~ ~~1 cE~ Title td-tl-l-d+~ Date ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § T is instrument was acknowledged before me an C~G~ V ~7 , 2010, by _ ~~1 f"1. ~l ~ ~w~~ _.. , in hislher capacity as the a. ~~ ~ of Goodwill Industries of South Texas, Inc., a Texas non_profit corparatian, on behalf of the corporation. Notary Public, State ~ti*Ry'~:,; DEBRA H, BOYLE _~e~ '•"- t+iotary public, Stxte of Texas es„~ •Tr My Commission Expires %jEaMZ~`'' March 31, 2Q13 hpHnN1 Continuum of Care Agmt -Goodwill Page 12 of 12 Applicant: City of Corpus Christi ~_~01 Project: '~X,»t301 - Rey - Goodwill WORK 20DD TX0024BBJ010802 Grant Number: TX002465J090802 Award Amount: $'!42,720 Recipient: City of Corpus Chris#i, 9201 Texas 78401 Tax 1D#: 745000574 Project Name: TX-501 - Ren - Goodwiii Component Typa: SSO Leopard Street, Cdrpus Christi, WORK 2000 Officiai Contact Parson: Mr. Eddie Octega,.Directvr of Nesghborhood Services Email Address: eddieo~cctexas.com Phone: (361 ~ 82f,-3234 Fax: (369) 826-3499 2009 SUPPORTIVE HOUSING PROGRAiifl RENEWAL GRANT AGREEMENT This Grant Agreement is made by and between the United States Department of Housing and Urban Deveiopmen# (HUD} and the Recipient, which is described in sec#ion 1 of Attachment A, attached here#o and made a part her®of. Cansoiidat®d Grant Agreement Page 1 03/0812010 Applicant: City of Corpus Christi TX-501 Project: TX-501 - Ren - Gaadwili WORK 2000 TX0024BB.i010$02 The assistance which is the subject of this Grant Agreement is authorized by the McKinney-Vento Homeless Assistance Ac# 42 U.S.C. 91381 (hereafter'the Act'). The term 'grant' or' ran# funds` means the assistance provided under this Agreement. Th~s grant agreement wilt be governed by the Act, the Supportive Housing rule codified at 24 CFR 5$3, which is attached hereto and made a part hereof as Attachment B, and the Notice of Funding Availability (NOFA} that was published In two parts. The first part was the Policy Requirem®nts and General Section of the NOFA, which was published December 28, 20Q8 at 73 FR 79548, and the second part was the Continuum of Care ~Womeless Assistance Programs NOFA Section of the NOFA, which I~ located a# http:llwww.hud.govlofficesladmlgrants-nofa091cocsec.pdf. The term 'AppNca#ion' means the original and renewal a lication submissions vn the basis of which a Grant was approved by HUD, including the certifications and assurances and any information or documentation required to meet any grant award conditions. The Application is incorporated herein as part of this Agreement, howevsr, in the event of conflict between the provisions of those documents and any provision contained herein, this Renewal Gran# Agreement shall control. The Secretary agrees, subject to the terms of the Grant Agreement, to provide the grant funds in th® amount speclfl®d at section Z of Attachment A for the approved project described in the Application. The Recipient agrees, subject to the terms of the Grant Agreement, to use the grant funds for eligible activities during the grant term specified at section 3 of Attachment A. The Recipient must provide a 25 percent cash match for supportive services. The Recipient agrees to comply with all requirements of #his 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, i# any, wilt not knowingly allow Illegal activities in any unit assisted with grant funds. The Recipien# agrees to draw grant funds at least quarterly. HUD notifications to the Recipien# shall be to the address of the Recipient as written above, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Field Office executing the Grant Agreement. No right, benefit, or advantage of the Recipient hereunder be assigned without prior written approval of HUD. Consolidated Grant Agreement Page 2 03/08/2010 Applican#: City of Corpus Christi TX-501 Project: TX~501 - Ren -Goodwill WORK 2000 TX0024B6J010$02 i=or any project funded by this grant, which is also financed through the use of the i.ow income Housing Tax Credit, the following applies: HUD recognizes that the Recipient or the project sponsor will or has financed this projec# through the use of the Low-Income Housing Tax Credit. The.Recipient or project sponsor shall be the general partner of a limited partnership formed for that pur}OOSe. if grant funds were used for acquisition, rehabilitation or construction, #hen, throughout a period of twenty years from the date of initial occupancy or the initial service provision, the Recipient or protect sponsor shall continue as general ptartner and shall ensure that the project is operated in accordance with e requirements of #his Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the project site throughout that twenty-year period, If grant funds were~~not used for acquisition, rehabilitation or new construction, then the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof. i=allure to comply with the terms of this paragraph shall constitute a default under the Grant Agreement. A default shall consist of any use of grant funds for a purpose other than as authorised by th4s Grant A reement, failure in the Recipient's duty to provide the supportive housing ~or the 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 HU©, 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, HL1D may take one or more of the following actions: (a) direct the Recipient #o submit progress schedules for completing approved activities; or (b} issue a le#ter of warning advising the Recipient of the default, establishing a date by which corrective actions must be completed and put#ing the Recipient vn notice that more serious actions will be taken if the default is not corrected or is repeated; yr (c) direct the Recipient #o establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or (d} direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or Consolidated Gran# Agreement Page 3 031U8/2010 ,4ppllcant: C1ty of Corpus Christi TX-501 Project: TX-501 - Ren -Goodwill WORK 2000 TX0024B6J070802 (e) reduce or recapture the grant; or (fj direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or (g) continue the grant with a substitute recipient of HUD's choosing; or (h) other appropriate action Including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies.. No delay or omission by HUD In exercising any right or remedy available to it under #his Grant Agreemen# shall impair any such right or remedy or consti#ute a waiver or acquiescence In any Recipie~tt default. For each operating year In which funding is received, the Recipient shelf file annum certifications with HUt7 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 hereto, and may be amended only In writing executed by HUD and the Itecipient..More sped#ically, the Recipient shall not change recipients, location, services, or population to be served nor shift more than 7Q percent of funds from one approved type of eligible activity to another, or make any other significant change, without the prior written approval of HUD. Co~solldated Grant Agreement Page 4 Q3l08/2010 ApP!lcs~nt: City of Carpus Chris#i TX-501 Project: TX-507 - Ren -Goodwill WOl~lt 2000 TX002486J070802 SIGNATURES This Grant Agreement is hereby executed as foElows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development By: ~ .: - APR ~ ~ ~~~~ jtic~aard L: ~.opez .. .... Print name of 8 gnatary Actin C Title REC! PI ENT City of Corpus Christi ame of rgan za ion 8y: ~ ~ .. Au home gnature an afe Eddie Ortega not name o ignatory Director of Neighborhood Services Title Consolidated Grant Agreement Page a 03!08/2010 Applicant: Gity of Corpus Christi ~ TX-50~f protect: TX-5D9 - Rerti -Goodwill WpRK 200D ~ TXD024B6JD'ID802 ATTACH M ENT A 'l. The recipient !s City of Corpus Christi. 2. HUD's total fund obligation for this protect is $'1~~,720, which shall be allocated as follows: Leasing $0 Supportl~e services $4313,72Q Operating casts $4 HMIS $0 Administration $6,00 •~ 3. Although this a regiment will become effective only upon the ®xecution hereof by both parties, upon execution, the term of this agreement shall run from the end of the Recipient"s final operating year under the original Grant Agreement or, if the original Grant Agreement was amended to extend its term, the term of this agreem®nt shall run from the end of the extension of the original Grant Agreement term for a period of 12 months. Eligible costs, as defined by the Act and Attachment 13, incurred between the end of Recipient's final operating year under, the original Grant Agreement, or extension thereof, and the execu#lon of this Renewal Grant Agreement may be paid with funds from the first operating year of this Renewal Grant. Consalidatad Grant Agreement page 6 Q31D8120"i0 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD 588.r Aefinltio,ts. § 583.1 Subpart B A9oistgnoe Provided 695,100 Tvpe9 nn4 uses of iu3siataatce. 688.106 Grants for aunttisitian and rohabili- LaCiat, 585.110 Ci~rnnts fnr new Constrnetlon. 388.116 C3~rant4 for 1eR81iljr• fi99.i20 (}rants fnr supportive satvlna oases. fi9$.12fi Clranta for nporr~tiug casts. sas.180 flamrnttment n£ grunt amnunta £or inasiug, attititortive ss,wlaes, anc3 aPer- ating Cp$t$. 598.136 Administrative rar,ta,. 598.140 Teahnleal asalstnttge. 889,146 Matnhing raquirfltnr~tts. 688.160 Li,nitatians an use of aasists.nnfl, 583.166 Uonsollflatefl pis.p. Subpar# C-Agptication and Grant Award Process 588.200 Ai,yliuation and grstnt awarfl. 68$.230 Envit~wtrttental review, 688.236 1Lenewal grtWtt~x. Subpad D--Program Requirements 688.800 Cfenctral Ulreration. 688.806 ~'erm of oo~tt~uirntent: repayment of ~rranta; prevflntian of undue ltene£lts, 695,8.10 Displacement, reloaa.tinn. and ncriui- sition. 683..3.18 it&4ttlgnt rent. 695.Sd0 site ao,tt,rol. 685.326 Nondisnrirninatto,t and esdnal onpor- rnnlty rerittiremants. 588.830 Apylioai,illty of other Federal rfl- quire,nents. Subpart E- Adrnlnlslratton PART 583--SUPPQRTiVE HOUSING PROGRAM Subpart A•-Gerlerat 6na. 583.1 Furpotse gaud scope. 698A00 C3rant agreement, 689.406 Program ohanges, 698.410 (~blig&tion said tieoblil!'ation al' Autos, AuT,ioxizs:92 V.°.U.11399 and 3586(4). St]UlioE:: 58 FR 1387!. Mac, ib, 1803, unless otherwise noted. Subpart A--General if 688.1 Purpose and scope, c,y} Ge,reral..Tlte supportive Housing Program is authorized by title IV of G11e fitewart B. McKinney Homeless As- sisGa~nae Aot {the MaKir,ney Aat) {42 U.Q.C. 11 3111-113 0 9), the £inppoi'tive Housing program is designed to pro- mote the develoliment of sttpgortive housing anti supportive s®ryioes, in- altiding innovat:iye approaohes to assist haneless persons ixi Clte transition from homeleasneas, and to ptbntate t11a .[i$1 § 583:8 provision of supportive housing to homeless pet•sotts3 to s3nable them to live ss,s independently a.~s passi3~le. (b) Cvanpons:rtts. T'unds under this paxti mt>Sy be used for: (1) '1'rsnsitional hottaing to faaiiitato the movement of hamolvss individuals and families to permanent housing; (2) Permanent housing' that provldss Eong•-term housing for hotnelerss persons with dis3abilitiea; (3) Housing that is;, or is pstxt cf, ts. pa.rtlnttiarly 11711nVi1.tiVn lrrajeCt for, or stlternft.tiva methods af, tneeting the itrtsnediate and long-term needs of hotnclvss personas; or (9} Bt'tpportive sssrvicas .fps hontoioss personfl not pravi[ied in con)unatioaa w€th sufiportivss housing. [b!! L'1i 13871. Mar. 1G. 19t~3, s~ Rnt~nded stL (il FR GJ178, Sent. so, 19BR1 $EiBB.(i Definitfonts. As ussld in this part: App?icaasL is defined fn seation 422(1) of the McKinney Aat (42 i1.8.C. 21382(1•)). >?"nr purposes of this dvi`ini- tioa~, governmozttal ontities include tltase that have general governmentxi powers (auoh a,s a atty or county), as well as those thsbt htEVO limited or spe- cial powers (suait sts pnblio hostaittkr st~'enoi@s). CoassolfcJvstecd iaian means the plan that a furisdiaGion prepares xst[l submits to HUD iri ttcoordattae with 24 CFR pdtrt Sl. Date of fatfddul vccatpttnci/ means the date t.1tELG the aupportiva llottsing• is ini- tially aoou{aieci by a hamolea,s, person for wham >`lUl'3 provides s~ssistance under this part. If the a8E[istanaa is far an existing homeless facility, the [irate of datit?raI OL'CELp7U,72Cj/ is Y.lte date th>~t svrvicea are first provided to the resi- dents of supportive housing with fund- ing under this psex'G. IJraie rrf fnitiat sere?ce parot~isiOrb ntexats I.he state that ttt7ppcartinH ss}rviut~s are lttitially pravi['ivd wfY.h fun[ls under this laarG to homeloRS pvrsnns who da not reside in suppnrtivcs housing. '.Phis defi- niGion applies only to 1rrn~HOts flmdact tinder thin part that do not pravitie sup- l~artive housing. UfsaUiliLy is defined in seation 922(2) of the McIClnney Aat (42 U,B.C. 11362(2)7. 24 CPR Cfl. V (d-•1-09 Ed1#lon) Hvmete;ss persdn means an individual or' i~rnily that is3 described in seation 108 of the McKinnty Act (42 U.B.C. 113p2). 1E'Ieiropotitaa- cite fa defined itt section 302{x)(4) of the .Housing and Commu- nity Develogmeut Act of 1474 (42 it.Ig.C. 6302(a)(4)). In genoral, metropolitan oit- ies era those cities that are eligible for an ssnGitlsment graltG ender 24 CFR Bart 670, sul)parG D. New ennsLructioat nt[sans the building of a atructutsa whore nano stxisGed or an addition to sin existing structure thstt ittcreasas Glta floor aroa by mare Chan 100 passant. C~iertating seats is defined in section 422(8) of the McrKinney AoG (42 U.F.i.C. 11382(b)). O•utgautiE.~rtE hest?Lh services is defined En section 422(6) of the MaKimtBy Aut (42 U.S.C. 11382(6)). Pc~rrrrarsea~~t hvtsstaag jar h.Uaat[:?css pcrsnass ar,fth dfsabidaties is defirieti in sectioat 924(x) of Gha MaKittney AaG (92 U.S.G. 11384(c)). f'9~tu[sta atvnfrrn/'ft vrg[enfzntfvn is sie- rinsd in sseatian 922(7) (A), (B), and (D) of the MaKlnney Aat (42 U.S.G. 11362(7) (A}, (B}, and (D)). ~'he arganizst,tian must ttlao hstive a iltnotiating s,acount- ing system Ghat is oirorsated In aaoord- anae witih goner~lly ucaepted aacount- ing• prin[:iples, ar designate an entity a,nat will mxintsLin a #'ttncGtanittg aa- oounting• system fns the organization in a[scordan[:v with getteraily accepted a[saountittg prittclp![rs. .I'rvJect is defined in sections 422{8) cwad 424[d) of the MoKiztney AaG (42 U.S.C. 11382{B), 11384{d)). I>'rsc•{pfea>.t is [lefins}din seation 422(9) of the McKinnty Act {4$ U.S.C. 11962(9)). Ite)itcbitftatdvn mesatys the imluove- ntettt or r.[spair of sat exls3ting structure or an addition to an existing structure ths,t does not increase the floor area 13y morn than 100 perc®nt. R,ohabilitatian [lose not include minor or routine re- paira. State is defined in seation 922(11) of the McKinney Act (42 U.S.C, 11382(11)}. ~54splovrtiue kvusinp is clefhtod in s~c- tion 424(x} of tho McKinnoy Aat (42 U.S.G. 11.384(x,))• S'tt~gavrtitie serlstces is defined In sea- tion 426 of Lha McKinney ACt (42 U.d3.C. 11366). 252 Ofa. of Asst. Secy., Cornm. P3anning, f)evelap., HUD Tru~t~sttlastR.I ha9cslaag is defined in sec- tion 929{lt) of the McKinney Aat (42 U.fi.C. 11899(b)}. fee also $588.8000). ?.'t^IbF: is dafinecl in section 102 of tits Housing and Community 1]evelopm'ent Act of 1974 (42 U,~.C. G302}. Urbnn coxtsit~ is clalYned in saation 102(x)(6) of the Flousing• an[1 Commu- nity Development Aot oY 1979 (42 U.g.C. 5302(a)(B}), In general, urbxen cpuxxties are those counties (;hat are elig'lble fpr an entitlement grant under 24 CFI( part 570, subpart D. [61 ]?`R G117G, 8a)llt, 80,18D8) Subpart B--Assistance Provided # 58S.1.g0 Types and uses of asaiatanao. (a) Crarat.tcssistance. Assistance in the loran of grants is available for acquisi- tion oi' structures, rehabilitation of atruatures, aogttisition and rehabilita- Won oi' structures, new construction, leasing, operating costs fpr supportive housing, and sttpportivs asrvices, as de- soribed in;583.145 tltrongh 583.126. Ap- plicants may apply fox• more titan one type of assistance. (b) Uses nj grant cx~srslccnae. (Irattt as- aiatanae tray be used to: (1) FstaUiish new supportive housing iaailities ox' new faaiiitic~l to provide supportive services; f2) i+rxl~and oxi$ting faciliti©s in order to increase tlto number oP hanteloss persona served; (3} Bring existing facilities up Lo a level that roasts Stets and local g^ov- exzim®nt health atxd safety standards; (47 Provide xtdditlonaI supportive services for residents of .supportive housing or for homeless persons not re- sicting~ in supportive housing; (5} Puralcase HUD-owned single fam- fiy properties aurrenL-ly leaae[i by the applicant for use as a llomeloaa facility under 24 CFR part 293.; and (B) Continue funding supportive hous- ing where the recipient hale received flutding under this part for leasing, supportive services, or operating costs. (a) Strt[ctures used jar mzcttiple lrur- poscs. Structures used to provide sup- portive housing or supportive services may also be used for outer purposes, except that assistance under this paint will he available only in proportion to the use of the structure for supportive housing or supportive services. § 585. ~ 10 (d} Terhreicttd uvsistu~ue.. HUD inay offer technical assifltanae, as described itl ~ 688.190. [6a FR 13G7]., Niar. IG, 1993, Au a,tn4~nUe[3 at 59 D'A :10(191, July 1B, 1994J # gHe.1.Ob Grants far acquisition end ehabilitation. (a) Ilse. HUD will grant funds to re- cipients ta: (1} Pay a portion of the cast of the a,oanil~ition of real propArty selected by the raaipienta for use in the provision of supportive housing or supportive services, lltoluding the repayment of a.ny outstanding debt on a lean made to purchxtse property that Yeas not boen used previously as supportivo housing nr for sttpnortive services; (2) Pay a portion of tits cost of reha- bilitation of structures, including cost- ctffeativo anerg~y measures, selected by the recipients i;o provide supportive housing' or supportive services; or (3) Pay a portion of the cost of acqui- sition and rehabilitationx of structures, fts desoribed in par+xg'raplla (a)(1) and (2} of this saation. (b} Amau9at. The maximum grant available for sE[.:tiuiaition, rohabiiita- tfon, or actquisitiolt and rehabilitation is the lower of: (1) S2D0,000; ar (2) The total ooAt of the aaguisitian, rehabilitation, or acc(uiaition and reha- bilitation mintta the applicant's oon- tribution toward the cost, (a) Isaere~csed asnounis. In erase doter- rnin[ad bg HlII7 to ltavs high acquisition t~,rtd rehabi>itation costs, grants of snore than S2DD.000, but oat more than 5400,OD0, maybe availabl8. ' ~!j&S.llq Giants for atsw wn~-truatiun. {d,} Use. HUD will grant funds to re- cipients to lay a portion of the cost of new construction, including cost-effec- tive energy moasuxas and tlxo cost of land nsavcia.ted with that construction, for use in the provision of supportive housing. If the gra11L funds are used for new construction, the Applicant must dentaxstrate that the costs associated with new construction ax•e substaxl- tialIy less than the costa assoclaL•ed with rehabilitation or that 4•ltere is a lank of available appropriate unite that could be rehabilitated at a cost less than new construction, 1,'vr purposes of X83 § 883.116 this post contlsarison, costs assaoiatecl with rehal]ilitation or new constt'ua- Gion may include the east of ]'cal prop- erty acquisition. {l-} .•lmatcaxt. The maxfmurn grant av~]ilable far new construatiatt is the lower of; (2} '171e fatal cost oY the new can- stt•uotion, inoluding tYte cost of land as- soaiated with that eonstruotion, [nines the applics,nt's aontri7]ution toward tho cost of Barite. ~ 68t2,1.]li Grants Por leasing. (a} Creraerad. HUD will provide gs°ants to pe.y (as ctoscribed i[t ~ 888.180 of this part) for the actual costa of leasing a structure or stl'uatttres, or portions thereof, used to provide supportive ltattsintq ar supportive services for tip to five years. (b)(1) Leasdrap structures. Where grants era used'ta pay rent for ail or part of structures, fife rent paid lnust Us rea- sonal]ls in relation to rents being cha[~ged in Ghs area far comprtrable apace, In addition, the rent paid may rtat exceed rents currently lasing charged by the same owner for oo]n- parable span@. (2) Leasirap dttdiv#d~ual T~nits. Whore grants are used to pay rent fox indi- vidual hvusittg units, the rent paid must be reasonable in relation to ronte heitlg charged for comparal)1B units, taking into aaoottnt the location, size, type, duality, axnenitiss, faoiliL'!es> and ]nattagement services. In apdition, the rents may not exceed rents ourrently being charged by the same owner Par camparable unassisted units, and the portion of rents lsaid with gxarlL' funds tnay not exoeed THUD-determined fair market rants. Recipients may use grant funds in an amount up L•o one tnottth's rent tv pay the non-recipient landlord for any dantages to leased units by homeless partiotpattts. [b8 FR 1aa71, Mar. 16, 199a, as amendeq et 59 k'1130891. July 19, 1994] C-83.Y8O Grants for supportive swrv- iacu~ aostrs. (a} C:enerad. HUD will provide grants to pay (as desoribed in g5©8.130 of this part} far the aotual oasts of supportive services for horrtele.9s persons for up to five years. All or part of fife support#ve 24 CFR Ch. V (4-1-09 Ediiian) sorvioes may be provided dirrectly by fife recipient or by arrangement with public or private service providers. (b) S-tpp]Urtive services costs. Caste as- sooiated with prUVidit]g supportive services include 'salaries paid to pro- viders of supportive cervices and aaty ether costs directly associated with nrovi<ling such services. For A tz'ansi- tionttil ltottsfttg,pr.9}act, supportive serv- lces costs alsp i[iclude the coats of serv- ices provided to former residents of transitional housing to assist their ad- 3ustntent to lnciopsn{lent living, :loch sel'viees may be pravideci for up to six mantlts after they leave the transi- tional housing facility. i3a k',R. 13x71, Nlar. 18, sssa, n,s amemle4 at 69 1<'1~ 3eas1, auly 19,199x1 li S58D.1S5 . Grnnts for operating coats. (a) G'ane-•[a1. HUD will provide grants to pay a portion {as desaribod fn ~5A8.SS0) of the actual operating t;osts of supportive pausing far tap to Siva years. (h) Uperaligaq CpStS. bl]erating costs era those associated with the day-to- day operation of the supportive hous- ing. '1'hsy also include the acL•ual ex- penses that a reoipient incurs for aon- ducti]tg on-g'aing assessments of tUo supportive services needod by residents and the availability of shah services; relocation assiatattoe under $ 588.310, in- cluciing~ paymel]te a]td services; and in- ~,llranae. {c;) ltecdplent ann#ch requirement rrrr np- erntt~~ costs. Assistance for operating costs will be available for up to 7S per- cent of the total cost in each ,year of tl]e grant te]•At. Tile recipient must pay fife percentage of the actual operating costs not Funded by 13UA. At the sad of each operating year, the reoipie-1t mast ciemonsGrate that it he,s met its ntatoh requirement of the costs for that ,year. iba P•R 19x91, Mar. 18, 1993, as amar]detl at s1 NFt 83178, Kept. 3U, 1990; 06 FR 30x23, May ]2, •300U1 ~8$8,1.>z0 Qonree]itegent of grant amounts for leasing, reuppartivo xwvioed, and operating coat®. Upon execution of a grant aB~reement covering assistance for leasing, sup- portive services, or operating costs, HUD will obligate arnounts for a period not to exoeed ffve operating years. The 2b4 Ofc. of Asst. 5eoy,, Comm. Plgnning, Develop., HUD total amount obligated will be equal to all amount necessary for the specified years of operation, less the realpient's allare of operating costs. (Approved by the UftYos aP bZtlhagemeht and Budget under G1~Qa aontroi number s60S-0118) fbA FFt $8991, .Icily 1S, ]A941 #685.188 Adminisira#€ve aoste. (a) Gctteral. Ug to 1Yvo p6roant of eery giant awarded u7xdar this part may be used for rho purpose of paying costs of adntinisterfng th6 assiataltaE. (b) Adpttfnistrrxttve cvscs. Administra- t1Ve Ci?xlt8 illallxde the COSts asaOClat9d witb accsountitlg for rho use of grant funds, preparing reparta for subrrtisaiall Lo HUD, obtaining prhgrant audits, similar costs rel.atad to administ6x~ing the grant aftai rho award, and staff sal- atios ttasoriated with theso adniinistrar ties costs. They do nvG include rho costs of oarryivg out 6ligiblo activities ttnd6r §$583,1U5 through 583.128. Cb8 F'Ti. 19871, !Nitre. iS, 19DS, as amandeA &t 61 rlt b11~s, Sa1~t. 3n, Wane] #SBS.191) Technipal assfstattae, (a) t:etxerai. HUD may sot aside funds annualiy to provide technical ttssist- anoa, caith6r dirsctly by HUD staff or. indirectly tlti ough third-party pro- vidat~, for any supportivet hotising• prvleut. This technioal assistance is far the purpose of pronlating- th6 devalop- xnent of supportive ltotlsing and sup- portive services as part of a continuum of care approach, iiicluclirtg• innovative approaches to ixssist ]lonteieas persona in the trl~nsition from hotnelossnass, and promoting the provision of sup- portive hauling to hcrntoless persons to citable them to lies as independently as possible. (b) tJ.ves of tec;hnira! ussistresce. HUD rosy uas these ftiands to provid6 tech- nical ataaistanoe ttr proap6ctive appli- oa11t9, applicants, recipients, ar oth6x~ provid6rs of supportive hansing or s6rv- icea for hvmeiess persons, far sup- portive housing proleots. The assiat- anae Wray include, but is not limited ta, written information such as papers, monographs, inaiiual6, guides, ra,ttd bro- ollures; person-tcr-parson exahangea; and training alt[! ialat6d casts. {c) Seledticn oJ' providers. Froth tiros to time, as 'tiiTD deterntinas the need, § 385.1 S0 HC3D Wray advertise and aompetitiv6ly select .pravidera to deliver technical as- siatanea. HUD may enter into cson- trr~cts, grants, or cooperative agrae- ni~tnta, when naceasat;q, to irnplemeilt the tecshnical assistance, (bD FR 38898, J1ily 18, 1999] ~ 663.1'18 Metah[ng requirements. {a) General. ~"he recipient must ma,tah the (rinds provided by TiUD for grants for acgilisitfon, rehabilitation, and nHw cauatitlotion wlth an equal amount of itxnds from otlt6r sources. (b) Cash a•esources. The matching funds must be ca,gh resources provided to the lu'ajoct by ono or tllore of trio fallowing: the r6aipiattt, the Federal governmoilt, ~Stats and iaaal govctrn- ments, and private r6so~tt~es, itt aa- corclattc6 with 42 i1.S,C, 11388. This statute provides that a recipient miry ass ftlnda from any source, including any otlt6r Federal source abut oxolud- ing tYta specific statutory subtitl6 .from which Suppartiv6 Housing Pragiam .funds era provided}, as woll as Sts.tti, local, and prlva,ta sources, provided first fonds from the other souros ar6 not statutorily prohibited to be us6c1 as ]E tllatClh. fit. is 1116 i'eapOnsil)ility Of t11B recipient to ensure that any fltncls used to sA,tiafy the ntatahing requirements of this seotion are eligible under rho laws governing rho funds to be clod as matching funds for a grant awarded under thin program. {c) Ma4atEenance of effort. State or local gvvarnment tlxnds used in the matching contribution are suh~eat to the rnaittL'snance of Effort requirenieitts cleacrlbad at §b$3.151)(a). iti8 Fri iSS71, Mar. i(f, iflD3, as ameruleci sxt '7S FR 78888, Deis. 11, ZOD9] #8B8.164 Lfmftatione nn use of assfst- >tnee. (a) Mtxintepeutiee o1 elfvrl, No Asaigt- anee provided under Luis part {or any Slate or local government hinds clod to supplement this a,ssistanca) inay be used to replace State or local funds previously used, yr designated fvi use; t0 assist llonl6lass persona, (b) J7udEh-eased actttalties. (l} prgastiza- tiona that are religious or fault-based ax's eiiglble, on tits seine basis as any other organi~ratioti, to participate in 25G $ 583.155 the Sul)llortive housing Program. Nei- thar the i'`edP.riLl g~ovetxtment nor a ~ft[tte ar local government recelvittg Binds antler Supportive Housing pro- grams shall disorltninate against art ar- g'anization on the basis of the organiza- tion`s relig•tou+s ssharacter ar affiliation. {;]} Qrganizatinns that are dire[;tly funded under the Supportive Housing Pr[>gratxt may nut engage in inherently religious activities, suoh aH worship, xaligioua instrurtion, or praselytlraa- tion as pax't of the pragratna ar servic;es fundstl under this part. 7f an organiza- tion aondttots ouch activities, the aC- tivttfes must ba offered separately, in time ar location, fx'orn the programs or s~:rvicos fnnc#ed under this part, an[1 participation trust be voluntary for the beneficiaries of ilia HUI~-funded pra- grama ox servicos. (3} A t'eligiatte organlzatlon that pat'- ticipates in 1;hB Supportive Housing Fragrant will retain its inclopendenao from Federal, i~tate, atxl local gnvarn- mentis, and may continue to carry oat its mission, including the definition, praotice, and expression of its roiiglous beliefs, provided that it doss not use di- rect ~luppot'ttve Housing Program funds to support any inherently reli- giatts activities, such as warship, re14- giotts instruction, or proselytizatian. fimong other things, faith-based orga- nizRtions play use space in their faoili- tiee to provide [3upportive Housing Program-funded services, without re- moving religious art, irons, scriptures, or other religious eytnhals. In addition, a Supportive Housing Program-funded roIiglons organization r9tains its au- thority over its internal governance, and it may retain religious terms !n its orgattiaation's name, seleot its board ntatnbers on a t'elig~ious basis, and itt- ciude reiig~ious refaronces 1n its ot'ganl- zation's mission statstnents anti other governing documents. (4} An orga113zatlon that participator in the Supportive Housing Program shall not, in providing program assist" Ante, disot•iminate against a program beneficiary or prospective program beneFlciarv on the basis of religion or religious belief. (S) Program funds may not be used' for the acquisition, annstrttatiott, or re- habilitation of structures to the extent that those structures are used for in- 24 CFR Ch. V (4-1-09 Edition) hereritly religious, activities, Program fnnds may be used for Ube acquisition, aonbtruction, or rehabilitatiatt oS structures oytly to the extent that those atruotures are ubecl for' aan- ducting sligibie activities under this part. Where a structure is used for bath eligible and inherently religious activi- ties, program funds tna3~ not exceed the Doer of those pot'tiotts of the aaquisi- tion, csonetruction, or rehabilitation that are attributable Co eligible activi- ties in accordance with the cost ac- counting requirententa applicable to Supportive- Housing Program funds in this part. i~anetuaries, chapels, or athex rooms that a Ftuppnrtive Housing Program-funded religious conf~regation uses as its principal pleas of worr~Rtip, however, are ineligible far Supportive Housing Program-ilinded itnprove- nienY,s. Disposition of real property after the resin of the grant, ar any change iu use of the property during the term of fire grant, is sub}act to goo- srnment-wide reg•ulatiana governing real property tliaposition {see 24 CFR parts 84 and SB). (6) If a State or local government val- tmt[tit'ily o<-ntributas its awn funds to supplement feclsrally funded activities, the State or local governorsnt has the option to segret3•ate the Fedet'al funds or contrningle thent. Howevr;t', if the llutcla era [:omminglecl, this section ap- plies to all of rite commingled funds. (a) ParEicipant cantrod a! .site. Where an applicant does not propose to have con- trol of a site or sites but rather pro- poses to assisC a homeless family or in- dividual in obtaining a lease, which tttay include assistsutae with went pay- ments tend receiving snppartive sarv- ices, after whiolt titre the family ar in- divldual remains in the same housing tvitltcut furLlter assistance under this pat't, that applicant Wray rat request asslstanas for aagtxisitlon, rehabilita- tion, or new oonsttnction. [bB P'R 13H71, ikinr. 16, 1898, as ame;-rletl at 59 F'R 3fi88R, Jaly 19, .1989; fib FR b[1407. Kept. SU. Zoos] #b88.1fi6 Consolidated plan. (a) Alopdaoants that are ,S`tutes or unfits of Ae'+acn•al dotal gauei'atment.. The appli- cant must have aHUD-approved oom- plete of abbreviated consolidated plan, in accordattae with 24 Cl~'Fl, part 91, and X56 Pfc. of Assi. 5ecy., Comm. Planning, Develop., HELD most submit a at~rtifioatit>n that the apgllce.tian far fUntiing itt aanaistent; with the HUD-approved enttsalidated plan. Funded A.lrplioanta must cerWfy in a grant agi~eetnent that they are fal- lowing the HUD-approved consolidated elan. (b} Apynltr:a~lads that trra not ,S'tatcs ar r~ntts of pe~aeral decal doverrtrr=e~tt.. The applicant toast aubntit a oertifiaatiatt by the Surisdiation in which the pro- posed prajeat will be located that the flpplio~at's appliaatiott for funding is aanaistent with the jurisdiatian's ~IUl]- ag}~raved consolidated plan. The cer- tification must be made by the snit of general local government or the :3tate, in aooordanae with the consistency aer- tifioation provisions of t11e oansoii- dated plats regulations, 24 CFIL part Oi, subpart F, (c) Indtaa(. trfbeK tcnrl the I~asular Areas of" [7uam, the i7.S, l<drll#n lslatatls, Amer- Icaae b"amnu, and tits Nprthern Marict~aca lsltt~ads. These entities are oat required to have a conaolitiated plan or to ntakH aottaolidated plan aertifiaations. An ap- pliaatiort by an Indian tribe or other applicant for a profect that will bs la- c;ated an a reservtttian of an Indian Cribs will not roquirr3 a certification by tits tribe ar the kitata. However, where an Indian tribe is the applicant for a pro~eat that will not 1ze. ioratocl on e. rssarvation, the requirement fora aer- tifiantlon under paragraph (b) of Chia section will apply. . (d) T'llta4ng a1' cntrsarirlated playa certl~- eatinn szcbynissioaas. Uitlesa otherwise sob Porch in the 1+iOFA, the required certitY- oation that the alaplioatian for [ending i$ aanaistent with the H.UD-approved consolidated plan must be submitted by the funding• appllcatian rsnhmission detldline attnounoed in the NOFA. f$OlrIt 1$;#]0, Mtar. 9A. 1aA6] Subpart C Application and Grant Award Process { 6&S.~1D0 Agplicatlon stud grant award. When ihnda are made available for assista.nae, HUD will gultlitah a tzotice of funding availability iNOFA) in the F13i)'&iLA4 Ii~lLtllsrsx, in aaoardance with the t•equirsntezits of 24 UP`R part 4. HUD will review attd screen appliaatlons in acaordanae with the requirements in ~ 583.231) section ~121i of Llae MoKinney Aat (42 U.S.t7, 1138fl) anti the g~uiilelines, rating criteria, and procedures published in the NQ1+A. [$1 FFt r~i'rs, sApt. so, 1(~DBI ~ 68S.23U Environmental review. (a) Activities antler this part are sub- }et:t to HUD environmental rtsgulations in part 66 of this title; exoept that HUD wi11 perform an snviramnental review itt aaaordEVnae with part fi4 of this title prior to its approval of any candi- tianally selected applioationa for Fis- as~l Year 2©OU cut} prior years that were received directly from private ~zon- prafit entities azld gavernmenta.l enti- ties with special pr 1lmited put•1)oae powers. Fat' aativitlos under a grant that gezlarally wot~.ld be snb~et:t to re- view under part 58, HUD play make a ~'inding• in aaaardanee with § 68,11(ci) and 'Cosy itself perform the environmental revleW udder the proVisiatls of part S4 of t9zia title if Lhe ret;i.pient ob~eats in writing to the responsible entity's per- forming the review under part G8. Irre- spsotive of whether the responsible en- tity in accord with. part 5B (ar HUD in acaortl with part b8) parfarms the ettvi- ranmental review, the reoiplent shall supply till available, relevant infarsna- tion necessary for the responsible enti- ty (or HUA, if applioabie) to perform For -each prrrporty any anviranmsntal review rstgttirt3d by this Bart. The re- alpienl; also shall carry out mitigating measures required by the responsll~le entity (or HUD, if ~appliaabie) or select alternate eligible property. HIiD tray elimirtatte front aonsideratlan atiy ap- piiaation that; would require an Envi- roitmental Impact ~ttttetnent (Llg). (b) The reatpiant, its proJeat part~zera e,nd their eantraatora may not aacluire, rehabilitate, aanvert, Ieaae, repair, dis- gi)se aY, demolish Or aanstruat p1'aperty for a pro)eot under Chia part, or com- mit or expend HUD or local funds for such eligible vativities under this Bart, until the responsible entity tae defined in ~1i8.2 of t111a title) has completed the 8nvirontnental review procedures re- quired by part 58 and Ckze environ- mental certifiaetion and 1ZROI~' have been approved or HUD hes gerfornled an environmental review under part b4 and the realplen4' has received HUD ap- proval of the property. IiUD will oat 2b7 § 583.235 rt:Iea.ee grant funds if the reaipient or any other party camnxita.grant fundtt (i.e.., incurs any posts ox•' expenditures to be paid or reimUursetl with such funds) before the reaipient suUniits and HUl3 approves its RRDF (where sucsh submission ifs required). LBB Y•'1;L 541$1, Sept. 29, 2uos7 $688.2$6 Rencywal Krantfl. (a) C3enera[. Grants made under this part, and grants made under suUtitlos C and I? (the ~upportivs Housing Dem- onatratian anti SAFAIi, respectiveiy) of the Stewart 13. Mcliinnay Hoxneleas As- sistanca Act as in effect before Qatober 26, 1582, may b9 renewed on a noii- avmpvtitive basis to contixiue ongoing leasiiyg, operations, anti supportive services far tulditianal years UeyanQ the initial funding geriofl. '1'0 lye con- aidered for renewal funding for leas111g, operatixi(S costs, ox' supportive services, r.•eripients niuat suUrrxit a request far sucsh fuelling in the form specified by HUD, ~nuat meet the requirements of this pcxrt, and must submlL requests within the tiine period established by HUD. (b) ~lsatatnrace avatlmUte. '1'lie first re- newaI will he far a period of finis not to exceed the difference between the end of the ixiitlal funding period and ten yEara frarn the ditte of initial acau- pancy or the date of initial service pro- vision, as applicable. Any subsequent renewal will b® fvr $ period of time pat to exceed rive years. Assiatanae during eEeclt year of the renewal period, auU- ~eat to niaintenanas of effort recluire- tnents under $583.ifi~(a) easy be for: (1) Up Lo 65 percent of the actual op- erating• and leasing costs in the final ,year of the initial funding period; {2) Up tv the aaiicunt of HUD assist- ance for supportive services in the final year of the initial funding pariad; and {3) An allawanee far oast inc;reasea. {o) IUD reufew. (1) 13UD will review the request for renewal and will evalu- ate the recipient's performaxtee ixx pre- vious years againgG L'lye plaa~s and goals established in the initial appllaaLlon for assistance, as s,mended. HUD will approve the request far renewal unless the reaipient proposes to serve a popu- latlon that is not homeless, or the re- clpient• has not shown adequate progresH x+,a evidenasd by an unaccept- 24 CFR Ch. V (4-I-09 Edition} ably slow expenditure of ftlnda, or the recipient lies been uneucaesaftiil in as' si.sting~ participants txi achieving and maintaining indogendeut living. In de- tox^mining the recipient's success in as- aif3tili$ pai`ticilyanl~s to achieve and maintain independent living, consider- ation will be given to the Iev©1 and type of pcoblerng of participants. Per recipients with a boar teaord of suc- cess, HUD will Rlso consider t'he PHaipi- snt's willingness to aaaept technical assistance and t;o make changes sug- gested l,y technical assistance pro- viders. Other factors which will affect HUD's decisinn to approve a renewal re;(nest inc]ude the following; acan- tilxuing history of inadequate finanala.l management accounting practices, ixt- clicatians of mismanagement on the part of the recipient, a ctrarstics reduc- tion in the pnpulatioxi aervecl t-y the re- cipient, program ehatiges made by the rdoipiexit witliont prior HUD approval. and loss of pro)eet site. (2) t1U>7 xeaerves the right to re,jeat a request fraxn espy organisation with ass outstancting obli~tion to HU13 that is in arrears or for which a. payment schadulo has not beeax agreed to, ar whose response ttl an audit finding is overdue or unsatisfactory. {S) HUD will .notify the zecipiant in wrltiiig that the request has been ap- proved or disapproved. (A.ppxYevod by the Office of riianagamoht and Budget wixtor cout~•ol number 2CiU0-I}Ila) Subpart D---grogram Requirements #!f[iA.800 General oparrxtinn. Ea) Slate irnd [oral rpquireneetats. Fach recipient of assistance under this part anust provide lxouaing or Rvrviaes that are in csampliance with all applicable Mate and local housin5• codes, licens- ing resqulrementa, axid any other re- gtliremoiits in the 3iuladiatian in which the project is located regarding tht! condition of flits structure and the op- eration of the housing or serviaea. (U) Ha[ytGtbii[ti1 stct~edna-rls. >;xcept for such variations Rs are proposed lyy F.he recipient and approved by HUD. sup- portive lkousing must meet the foi- Iowing requirements: {1) StruCt4L1'E and inatertra8,s. q'he struc- tlireS mliSt X38 aGrxlCtLll'ally 80Llnd ap a5 not to pose any threat to the health X38 Ofc. of Asst. Secy., Comm. Pictnning, Develop., MUD alld safety cf the occupants and sa as to prnteot the x'esidents from the ale- xnents, {~} Access. The housing must be acce~- sible and capable uT being utilized without unauthorized use of other pri- vata prnpsrties. ~itl~uctures xrtust pro- vide alternate Lnearus of egress iLl case of fire. {3) Space atad secxirlty. Eat;h L~esidant must be afforded adequate apace and sK~+urlty far themselves and thelr ine- longiugs. Eaah resident must be pra- vktled an aaaeptabke piac~ to sleep, (1) Itit~~'ior tei~r rlual4tpl. Every room ar spaaa must be provided with natural or mechanical ventilation. Struotux•es must be free of pollntantn in sire a.ir at levole that threaten tho health of rt~si- cionts. (5) Water stapgtip/. The water rsupply must be tree from contamination. (B) Sa~~.ttcx~~ jcxclIittes. Residents must hs~va aoeoss to sufflr,ient aa.nitary fa- cilitfes that ax's ht pxroper nperatiug condition, mcey be used in privacy, and are adequate for personal uleanliaiess Rnd the disposal of human wasto. (7) Tltermcal eyavtronmi>ct. The^ housixxg must hswve adequate basting andlar coaling facilities in proper operating cnndition. (8) lIluttirtautfu~t and clertrfattp. The ktousing must have adequate natural or artifioiai illutninatlon to permit nor- mal indoor aotivitiaa and to support the health and safety of residents. Suf- fioient olectrioal sources must ba pxro- vided to permit. use of essential elea- trioal applianaea whika assux•1nR' safety -Pram faro. (D) Food prepcxrat4on. and refuse d!s- posad. All foots preparation areas must contain suitable space and equipment to store, prepare, and serve food in a sanit<tiry manner. {l4) .S#nttitrpp condtGEpta, TIxB housing and atxy equipment must be maintained to sanitary condition, (ll) Ffre salQty. (1} 3!:ach unit must in- aiuda at least one battery-operated or hard-wired sxnatce iietector, in proper working eoxxditlon, on each aaoupted level of the unit. Smoke deteotora must be located, to the extent prac- ticable, in a hallway adjacent to a 11ed- room. If sire unit is ooottpied 1>y hear- ing-inxpaired perxcons, smoke dateetors must lxavs an akarm system deaigtxed § 583.3f}D for heax'ing~irnpaired l~ersons in Hach bedroom acrupied by a hearing-ftn- i~aired person, {ii) The lxxblic areas; of rLil housing must be equipped with a sufficiextt number, but not loss than one for each area„ of battery-operated or hard-wired smoke detectors. Public areas include, knit are not litnil;ad to, laundry rooms, oonirt~nxtity rooms, clay care centoL•s. hallways, stairwells, and other corn- rnon areas. (c) ~rlca7s. FRah recipient of assist- ance under this part who provides sup- portive housing for hpmelees persons with disabilities must provide meals or moos preparation factlitiaa for re9l- clonts. (d) Otr~guinp~ assNSSment nj suprpnrtive SG7•Y7iCC8. Eaah reolpiont oY asaistanae under this Bart must conduct an ongo- ing assessment of the supportive serv- ices re9uired by the residents of the protest anti the avai1aUility of snob services, anti make acitustnlexlts as a3>- prapriate. (e) htesfdc:rztiad 3tcpertttslan. Each t~e- cipient of assistance under tlxis part xnntxt provide x^asidential supervision as necessary to facilitate the aciequRte pravisian of supportive services to the residents of the housing througlxotet the term of the comnLitm®nt to operate supportive housing, llosidential supar- visian xnay include the emplayrnent of a itxll- or part-time residential supex•- visor with sufficient lcnowled~•o to pro- vide or to supervise the provision of supportive services to the residents. ff) Fart4c~iJtttia7t uj humE'less p~arsn+es. (l) rash x^ooipient must brovide fw• the participation of homeless persons as re- quireCl in seatian 420(g) of the Mol{in- ney Act (42 U.B.C. 119613{l;)). `.Phis re- quiremextt is waived Sf an applicant is unable to xxteet iG and presents a plan far HUl] approval to otherwise consult with homeless or formerly homeless persons [xt considering and making' policies and [lecisinns. See also ~ 5118.y80(e). (2) Eaeh recipient of assistance under this part must, to the maximum extent practicable, involve homeless txxdivid- uals and i~xnilies, throagh entploy- rnent, voiwxteer services, or otlxerwisa, in constructing, rehabilitating, main- taining. and operating the protect and X59 $ 683.305 fn providing' su]apartive sarviasa far the pro}sat. {g) Records arad reports. Each reaiplent of asaiz~tance Linder this part; Hurst iceap any >:eoords atul make any reports (iu- olulling thane pertaining to rao©, of}t- nicity, gender, and disability statlla data} that IiUD may regriire within the timeframe rec;uired, (h) L'a~tJidentialltyl. Each recipient that provides fanLily violence prevett- tion or treatment sorviaes moat de- velop and implement ptocotiLtres LC en- sure: (1} `l'ire c;anfldentiality of records per- taining to :Lx1y individual services; and (2) That the address or ior;atiau of tLny pro)oat assisted will not ins made public, except with written attthoriza- tian of the parson or persons respan- stble for t'he apes&tio11 of the project. (iJ 7'errn~Eaaation. of holrsing assistance. The recipient lnay terminate Qsaiat•- attoe to a participant who violates pro- gram requirenzeltts. 13.ecipienL•a should termirzatc: assistance only isi the ntAst severe gases. Recipients may resume assistance to B participant whass as- aiatanae wag prsviausly te1'tnfnatsd. Izz terminating assistanne to a partici- pant, the recipient moat provide a fot•- tnal lu•oaeeia that rHaagtiiGee the rights Irf individLiala raaaiving aissistanoe to due yraaess af' law. This l3rcraess, at a tnlnimum. must consist af: (1) WriGGen notice Go the participant oantaining' a clear staterncsnt of the 1•easons for termiaLation; (2) A review of the Ilealsiost, in which r3ia participant is given the oppor- tunity to present written or oral obfee- tiolts bafare a person arbor than the person (ar a aubordlnats of that psrsan) who made or approved Glee termination ciocisian; and (3! Proxript written natiae of G-he final deaisian to the participant. (3) Ltm4tntion trf staff iaa tr¢aasltta~tal laausxn.,~. A hontalesa indivlrlual or fam- ily may remain in transitional housing for a period longer than 24 months, if permanent housing far the individual or fancily has not been laaated or if the individual ar family requires addi- tional time to prepare for independent living. However, HUD msy discontinue assistance fora transitional housing p1°o)eat if more than half of the home- 24 Gl=R Ch. V (~1-1-a9 6dition) ler3B inciiviclLLals or families remain in that project Langer than 2~1 months. (k) Ogctp¢ttent health serrices. Out- patient health servlaea provided by the reoipient must be approved as appro- prlate by HUD and the Department of l3ealGh and Human Services (HHS), Upon receipt of an applioation that proposes the provision of outpatient health aerviees, HUD will consult with lili'~ with respeot to t]Le appropriate- ness of the proposed services. (1) .471.7bZ;(LJ [b3y4lrr6RCe3. Rvaipienta who reoeive aesistanae only for los,sing, op- erating casts or supportive services aostS muse provide an annual assur- ance far sash year altCll assletanoe is t•vaaived that Che project wt31 be oper- ated for the purpose specified in the ap- plicaL'ion. (Approvacl by the Attica of Management and Budget ender control number 2bD0-U112) {:"r8 FIi. 18871, &Ia.r, 1,5, 1S1A8, as amended at b9 ~'.!~ 48988, Jnly 19. 1994; 81 RR 6117e, 5Rpt. 80, 1f398J # lfli8.346 Term. of csommitmegt; repay anent of grants; prevention of undue laenefltB. (R) TarYn of cumvntttrterat cL•rad sbaza~erxioaz. Iteaipieltts nLnst agree to operate the housing or provide supportive enrolees in accarclatlce with this part and with seatians 428 (11)(1) and (b)(3} of th.e McKinney Act (92 U.Q.C. 1I3B3(ls)(1), 11383(b)(3)}, (b} ItcgaaynttMZt of grant rend preusrttlon o! 2eattiue treneJfts. In aoaordance with section 423(c) of the NioRimtoy AcG (42 U.F_i.C. 113©3fa)l, H11D will regrlira re- cipients t'o repay the grant unless HUD has authorized convexaion of the pro)ect tiutder section 4a3(b)(3) of the iVlcSinney Aat (42 U.S.C. 113g8(b)(31}. [Ili FR. 611.76, Sept. $9, 1998] J}Fi8S.31p 1}lspluomnent, ralaoatr`un, and acsgniaitic-n. (a) Mln,frrrl~in~q displacement, Con- sistent with the other goals rand ob1ec- tives of this part, recliaients must as- sure that they hlLVe taken all reason- able steps to minimise the displaae- ment of ilersons (families, individuals, bllslilesaea, ttOrlpl'oflt oigartizaGiana, and farms) &6 a result of supportive housing assisted under t)tis part, Z6Q Cfa. of Asst. SeGy,, Comm, Alanning, De~efop., Hlf~ (i>) 1t(~1oaaE9nn (csxlstaiiaa jnr sPifipraced pf:~'8Ur14, A displaced person (cisilned in paragraph (f) of this seatioxt) treuat to providod relocation assistanpo at the levels desal`i~bed in, and in accordance with, the zecittirentents of the Uniform RHloaation Assistanye and Real 1'rap- arty Acrittisition Policies Aat of 1x70 (URA) (92 U.S.C. 9801--9855) and itnple- lnenting regulations at 49 CFIi, part 7r1, (o) Re(a7 prnperEy ctyqu3sitton req~eEre- ments. rl'he aacluisitfon of real property for r~apportfve lzousitzg• is suU,}H(st to the URA axzd the recluirementa clHSCribHC1 in 98 CA'R pal't 24, subpart B, ((i) RaspnnsSbftity of rerlp4rrrt. (1) The rflcipleut tnuat oel'tffy (t.e., provide a>a- sttranac of compliance) that it will yomply with tha UFtA, the regulations at 49 CFR part 29, and the requirements of this secLian, and must sneers such aattlplianaa notwithstanding any third party's aontraatual obligation to the recipient to oaxnply with these provi- sions. (2) The cost of required relocation as- ststanoe is eat eligible pro}eat cost in the same manner and to rile same ex- tent as otller proiept posts. Such costs also z'nay 1)o pt~id far. with local public fultds ar funds available from othflr souses, (3) The . recipient must maintaizt roaords in sufficient detsil to denl- onstrate compliance with provisions of thin section. (e) AirpegsTs. A person who disagrees with L-he recipient'» determination aon- cerning wlteiJter rile lzerscm qualifies as it "displace(1 pex'son," or rho amount of roloaatiozl assistance for which the per- soiz is eligible, may file a written ap- peal at that detgrntination with the re- aipient. A low-income parson whn is (llssatisfieci tvith tlla 1•eaipieztt's detQr- ntinatioll on his or her appeal may suU- mit awritten request for revfew of that determination to the >;IUI] field office. (f) DeJinEtion aJ dlsglnce(l ~erspn.. (1) l~or purpoAes of this section, the Lerm •'diaplaced pertcozt" rneants a person (family', individual, ltusiness, nonprofit organisation, or farm) that moves from real property, pr moves personal prap- erty iY`ant real property' permanently as a direst result pf acqufsfLion, 1'ehabili- tatian, or demolition Por supportive housing pro9eats assisted under this ~ 5$S.S]€1 part. The term "(Iisplaaed person" in- clttdes, b>:tt may not be Iirnited to: (i) A person that moves permauontly fraln the real pmparty after the prop- erty owner (or person in control pf the bite) issues a vapate 1lOtloe, Or 1`efusea to renew an expiring lease in order to evade the 1•esponsibiIity to provide re- lacation aesistanae, if the move opcurs on of after the date the recipient suU- mita to HUD the application or appli- cation ~lmendrnent designating the project alts. (iil Any person, itlaltlding' a person who moves Uefore the date described in paragraph (f)(1)t!) of Lhis section, if the recipient or IiUD determines that the display©sxtent resultocl directly from ac- quisition, rehabilitation, or (lemnlition fnr the assl8ted pro~eat. {iii) Atenant-oooupattt of a dwelling' unit who moves perlnanently from the buildinglcolnplox on or :lifter tlzo dais pf tits 'initiation of negotiations" (sae paragraph {g} c-f this section) if the move occurs before the tenant has been provided written natfce offering hire ox her the opPOrtun)ty to lease and oa- aupy asuitable, (lecent, safe and sani- tary clwa111ng' in the same building! complex, under reasonable terms and conditions, upon aompletfozl of the pt'nject. Such reasonable t®rins and conditions must izzplu(ie ~ monthly rent anti Hstimated avArti,ge monthly utility costs that do eat exceed the greater of, (A) The tenant's monthly runt before the inlt;iRtion of nc~gatiations and esti- mate[} average utility Cp6US, ar (B)90 peraeat of gross household fn- apnae. Ff the initial runt is at or Haar the ntaximunl, thole must Ue a reasalz- e,ble basis For conolttding at the time rite pro~eat is izzitiated that ihture rent increases will be fnadast. {ivl A Conant of a dwHlling who is ro- gnired to relocate tetnpal'al•ily. but does not return to the Utrllding/oam- plex, if either: (A) A tonavt is not offered payment for all reasonable out-of-pocket ex- pHnses incurred in c:ontteytion with the temporary relocation, or (B} Other conditions of the tem- porztry r©loaatfon are not roasozzable. 2B]. § 583.31 S Ev) A tHnaut of a dwelling' who moves R•on1 the bulltlingYcomplsg gHl'ma- nently after he or she has been re- quired to move to another unit in the same buildingloomplex, if either: (A) The tenant is not offered reinl- btlrsement for all reasonable out-of- paalret expenses incurred in connection with the move, ar (B) Otller conditions of the move are not reasonable. (2) Notwithstanding the professions of paragraph (f)(1) of Chia aeotion, a per= sun does ltot 4ualify as tz "displaced person" (and is not eligible for relnt:Ltr Lion aesistaltce under the LIRA or this section), if: . (i) The person has boon evicted for se- rious ar repeated violation of the terms and conditiana of the lease or occu- 1~a11cy agreement, violation of applfca- bie 1;'H+ieral, E1tatH, or local or tribal ]aw, or ether good cause, and IiUD da- terminHS that the ovictioll was not un- dertalsHn for (•a;e purppsH of evading the obligation to provides roiooation assiat- anoe; (fi) The person moved into the prop- erty after the submission of L-he agpli- aation and, Uefare sigmin#f a lease and c;nrnmencing oacupa.nry, was pravidacl written notice of the projec#,, its pos- Rible iznpaot alt the person (H.g•., the person may be riisplR.aed, temporarily relaoated, or suffer a rHllt inorHaae) antl t:lle foot ths,t rage person would llat qualify i~ a "displaced person" (or for any assistrlatce proaidHd under this sHa- tinn), if the gro~eot is apurnved: (1111 The person is; ineligible ullder 49 CPR 29.2(g')(~); or liv) HUD determines that the pHrson was fiat displaced ae a direct result of ac:gleiaitian, rehabilitation, ar demoli- tion Tar the project. (8) '1'ho recipielt may request, at any time. HUD'tt determination of wllHtlter a displacement is ar would be cavez'ed under this section. ($} vejtaattioaa of iaL9ttaiioaa t}j aLet/OttR- t6oat,s, I~'or purposes of determining' the formula far oornputing the replacement hauaing assistance to bB provided to a residential tenant displaced as a direct result of privately undertaken xehablli- L-ation, demolition, or acquiaitian of the real grapbrty, file farm "initiation of negotiations" means the execution 24 CFR Ch. V (4 1-09 Edltlon} of the agreement between the recipient and HiJD. (h) Dejiaaition of y~rniect. T'or purposes of this section, the form "project" moans an tutdertaking geld Tar in whole or in pelt with asaistanos under thin part. Two or more activities that are Integrally ralate[i, each essential to the others, are considered a single groject, whether or not all aomgonent at;tivitiea receive assistance wider this part. [58 k'R. 13D71, Ma<', 1fi, 19D3, as smanae4 Rt 5H F'1L 8BiIB2, July fA,18A9] # SRn.S18 Reaidc;nt rant. (a) Cutcult~ctava of res4den.t rent. Each resident of supportive housing may he reguirod tv pay as rent an amount de- terznined by the recipient which may not exaead the ilighsst of: (l) 3D percent of the family's manYdtly adjusted income (atljttstmant fasters inclutlo the zaulnber of people in t1zH Taznily, age of family members, medical E~xponaes altd c;hill Dare exlsensea), The caloulatian of the family's ~nanthiy ad- justed incomes must include the ex- gonae deductions provided in 24 CFR b.611(a), and Tar persona with diatshil- itics, the oaloulation of the family's ~nonthly ad)ttsted illcolnH also must in- clude the disallowance of Darned in- come as pibvided in 24 {7F'It 5.1317, if ap- plioable; ('L) i0 percent of the faxnily'a monthly gross income; cr (3} Tf the family is receiving pay- ments for welfare assistancH from a ;public agency and a part of Gile pay- ments, adjusteti in accordance with Ghe family's actual houslalg Deets, is spe- cifically designated by the agency to rnaet the family's housing' costs, the portion of the payment that is de,s- ig'nated for housing coats, (b) Use of rent, liosident rent may he need in the operation of the profsat ar lnay be reserved, in whole or in part, to assist residents of transitional housing in moving to permanent ]lousing. (C) Fees. In addition to resident rent, recipients ntay charge residents rea- sonable fees fcrr services not 1}aid wit:li grant fonds. [b8 FR, 13871, ,Mar. ]5, 1DD8, as wmendsd at ti9 FR 8(11388, Jttly 19, 1D34; 88 Ir1~. d926, Sap. !0, 2001] 282 Ofc. of Asst. Secy., Cnmm. Panning. Develo~a,, i{IiD 665.320 Site control. {a) Site aoratral. (I) Where grant funds will be used Yor acquisition, rel]abilita- t1on, or 11CW (;at7struatlon to provide supportive housing or supportive srxv- ices, or where Brant funds will be used for operating coats of supportive hous- ing, or whore gra]tt funds will Ue used ttf provide suppnrtivo st+rvlces exaQpt where au spplfc~tatt. will provltle fierv- ices at sites not operated by the appli- cant, an applicant trust demonstrate site oontral before HUIt will exeoute a grant agrosrnent (e.g., through a doed, lease, executed contract of sale). If' such cite control is not de~nottstrated within one year after initial notifics- tian of the award of assistance under this part, Cho grant will be dtsobligatea as providotl in paragraph {o) of this suc- tion. (2) Where grant 1ltnds will be used to lease 8,11 or part of a structure to pro- vide supporY,ivt~ housing or supportive services, car where grant fhnas will be used L•o lease individual housing units far ho~nelass persons who will eventa- ally control the units, silo control Hoed oat bu t3umonstrated. (b) .~'tte ohatape. (3} A recipient trtay obtain ownership ax' tsontral of a suit- able site different i'rarn tl]e one spuci- fied in its application, Retention of an sseistatice award is subfet:t to Clio ne~v site's meeting, alI requirements under this 1)ai't for suitable sites. (2) If the acquisition, rehabilitation, acquisition and rehabilitation, or new construction costs Tor Llte subst:itnte s1L-e are grsster than the amount of the grant awarded for the site specified in Glte application, the recipient tnust pro- t~ifte for all additional costs. If the re- cipient is utiaUle to demonstrate to HUD tl]at it is Rble to provide for the differsnce In oasts, HUD may deoUligste the award of assistance. (e) TtctJure to obEaita site coaatrol within oa~e year. HUD will reaaptura or deabiigate any award for assistance under this part if the recipient is oat in control of a suitable site Uefore the ox- piration of one ,year after initial notifi- cation of an award. #KA3.$25 Nonctiserimination and equal opportunity tequirament~a, (a) G'FStercad, Notwithstanding the Uer- missib111ty of proposals Gltat serve des- § 583.325 ignated populations of clisableEl horne- less persons, ret:ipients set'vlttg a des- ignates population of tlia-a131ed home- less perrspits are retpiired, within the designated population, to comply with these requirements for nandi~scrimina Lion on the bssis of race, color, rpii- gion, sex, nationtal origin, age, familial si;atus. anc! disability. (b) Nonrliscl•Eminatioat a.nd erluctl opnnr- ttcrittp rerEutrianestts. The nondiscritr]ina- tion an,d equal apportuxiity require- ments set forth at part 6 cf this title al]ply to this program. The Indian Civil Rights Act (25 U.i~,C. 1901 et seq.) sp- plies to tribes when they exercise Choir powet•s of self-g'overnm,ent, and to ztt- dian housing authorities (IHAs) whoa esta.blisltad by Cite exercise of such powora. ~Whan an TFIA is estaUlished under €State l:tw, Cho appliaaitility of the Indian Civil Rights Aat will bo ds- termined on a Hass-by-ct~se basis. Projects sul]yect to the Indian Civil Rib*lita Aot must be clovoloped and oper- ated itt cantpliance with tts provisions s.nti all ixYtplemonting IIUI) rerluixe- ntents, insteatl of title VL sod the Fair housing Act and their intple]nenting regulations. ' (c} Proeedu3•cs, {i) If the pracudures that the recipient intends to use to mince known the avallaMlity of the supportive housittt; are unlikely to reaoh persozts of any particular race, color, roligi.on, sex, age, national ori- gin, familial status, or handicap who may qualify for admission to the ltotts- ir]g, the recipient must establish ndrli- tional prooedurea that will ensure that such persons oats nUtain iritoritlat1a11 conoorning availability of the ltonsittg•. {2) The recipient must adopt proce- dures to make availaUle information on the existence and ioaations of facili- ties :End selwicea that ate aooessihie to persons with a handicap and maintain evidence of implementation of the pro- ceduras, (d) ~Sccesstbdlltp! repuiretnents. '1'he re- cipient must comply with the new con- struction accessibility requirements of the Hair Housing Act at]d section s44 of the I;shabilitatian Aat of 1973,•attd Lite reasouaUle acoom.~notlation and reha- bilitation sceessilollity requirements of section GQ4 as follows: (l) All new construction must meat, the accessibility requirernettts of 24 2B3 § 583.830 Ck'R 8.22 and. as appliaabls, 29 CFR la0;L45. {2) Prolseta in whioh costs of reha- bilitation are 75 percent or more of the replacement oast of the building must meet the requirements of 24 CI~`1Z 8.29(0). Other rehabflitatian must meet tits tequirements of 29 CI+'R 8.29{b), f58 )+'F! 1.`i671, Nter. l6, 1998, a,s e.mendecE at 5fl FR 8864!4, Juns 90, k9A4; BS T~ R $216, Feb. 9, i996; BI Fii1.51176, SBPt. 80,1996] fi83.3R0 Appliaabfllty of other lrederal requirements. In addition to tl.to requirements set forth in 24 G>! IL Hart 5, use of assistance provided under this part trust onfnply with file following Federal regttire- ntonts {aj LTload t~tsuruaace. {1) The Flood Dis- aster Protection Aot of 197A (42 T3.,~.C. Taal-91x9) prohibits the approval of ap- plications for a6siatauce for acquiai.tion ot• cottstrtlction (including rehabillta- tion) for supportive housing loaatocl in aft at'aa identified by fife Federal Emer- gency IMLanag~enlent Ag~vnoy (FEMA) as having special flood hazards, ultloss: (l) 'Phe community in which the area is situated is pa,t'tiripati~tg in the Na- tlonFtl Flood Insurance I'rag'ratn {see 94 CFR parts 5D through 78), ar less than a year hogs paHaecl since FEIVIA notific»r tier regardinl~ such hazards; and (it) i'lood inauranoo is alttained as a condition of approval of the applias~ lieu. (2) Apl>lioants with supportive hous- ing located ill an area identified by FEMA as having• apeCtal finoC~ hazards {Ind reaciving• assistance for a.aqutisition or aonstl~nctiots (inoluding rehabilitra- tion) are responsible for ttsaul'ing that flood lnsuranaa under the National Flaad ittsuranoo Program !a obtained and maintained. (b) The Coastal l3arriet• Resources Act of 1882 {i6 U.S.C. 3601 et ac~q.) ntay apply 'to i~z•oposalR under this part, de- l~etutin8' an the assistance requested. (c) Apptictibilitg of OMT3 G`~trcuic~rs. The polioiea, guidelines, and requirements of OME Cixcukt,t.' No. A-137 (Coat Prin- olgles Applicable to Chants, Contracts and Otlter Agreements with Stste and Focal C~overltments) and 24 Gl{R part QG apply to the award, acoeptanae, and uas of assi~tanee under the program by governmental entities, and OMB Cir- 24 CFR Ch. V (4~-1-04 EdlHon) ruler Noe. A -liD ({lrants and Googera- tive Agreements with Institutions of HiK•her Edaoa.ticn, Flospitals, attd Uther Nonprofit Organiaa,tianaj a,r-d A--122 (Cost l'ritu;iples Applicable to {lrants, Calttraats attd Otlter Agreements with Nonprofit Institutions) apply to 1119 ac- ceptance and use of aselatance by lari- vate nonprofit organizations, exaspt where incansisGent with the lnavieions of the McKinney Act. other Federal st~s,tutes, or this part. [Copies of OMB Ciraulats may be obtaine@ fi'arn E.U.P. Pultlioations, room 2200, Ne-v >Jxecutive Office 13uilding. Washington, DC 24643, telaphane (242) 39r-7332. (This is not a toll-free number.) Thera is a limit of two Erse copies. {d) Lead-based point. The Tuoad-Based faint Poisoning' Prevention Art (92 U.S.C. 9821 9894), the Residential Lead- Basecl Paint ziazard Reduction ,Act of 1982 (42 U.S.C. 9861-A864), and impie- menting• rogula.tions at part 35, atth- parts A, B, J, I{, sold R of this title apl)iy to activities under. this )-rograrrt. (e) {:unJlirts of ivatarest. {1) In addition to the conflict of interest requirements in 29 CFR part 86, tto person who is an employee, ag'ont, consultant, offioer, or sleeted or appointed official of the re- cipient anti who exeroises ax' has exer- oised arty fttnctiona or rosponsibilitias with respect to assisted activities, ar who is in a posittan to nal•ticlgate in a decisiantnaking graces or gain Inside infortnation with regard to such activi- ties, may obtain a personal or financial interest or benefit from the aotivity, or have all interest in any aontra,ot, sub- oontract, or agreetttent with respect thereto, or the prooeeds thereunder, ei- ther far hitnaelf or herself or for those with wham he or she has fancily or busiitess tins, during his or ]ter tenure or for ono year thoreaiter. Participa- tion by homeless tndividuais who also era participants under the gk•ogratn in palioy or deolafonntalcing under $683.8a0(f) does Hat constitute a con- flict of interest. (2) .Upon t'he written request of the recipient, HUD ntay grant an exoaption to the provisions of paragraph (e)(1) of this section on a case-by-saes basis when iL' determines that the exception will serve to further the purposes of the program and file effecL•iae and effi- afent administration of tits racigient's 2B4 Ofc, a! Asst. sacy.~ Comm. PEannfng, Devs±top., HUD project. An exception may be coxlsid- ered only after the recipient hoe pro- vided the following: (i) For atAtes acrd other govern- ltlentgl. entities, a disclosure of the na- tur8 of the canfitat, acaompanieii by an assurallae that Chore has b8en pub1la disclosure of thr, conflict and a desarip- tian Of how the public diec:losul'e was lnacle; and (ii) for all recipients, an opinion at the recipient's attorney that the inter- Mst Tor which the exoovtian is sought woultl not violate Mate ar looal law. (3) Tn deterrninin(f wheth8r to grfl.ut a requested exaeptian after the recipient has satisfa,ctorlly n~eG the requirement of paragraph (e)(2) of this section, HUD will oanesicler the cumulative affect of the following factors, where apglienhie: (i} V~rllBther the sxosption would pro- vide asignificant aos~t bvnofit or an e~- sential ctsgree of experti:;e to the proyeot which would otherwise not be available; (ii) Whether the person affected is a member oY a group or oleos of eligi)ole perasons and the exoeption will permit such person to receive generally the same iuteorosts ar bollefits a,8 ors being matte availabl8 or provided to the group of class; (iii} Whether Ghe affected person haft withdrawn fY'aln his or h8r functions or responsibilities, or the deoisionntallinq process with respect to the specific as- sistaci atstfviL-y in tluestion; {iv) Whether the interest or benei'tt was present be~Pore the affected parson was in a position as desarlbod in para- graph (e)p) of this secstion; iv) Whether undue hardship will re- sult either to the recipient ar Ghe per- son aifeoted when weighed against the public intsre$t servvtt by avoiding the prohibited uaniliot; and (vi) Any other rslav:tint consider- ations, (f) ~l~r{ltt. 'I'he financial management systems need toy recipi8nts under this program must provide for audits in ao- aordaltae with 29 C~'R part 44 ar part A5, as a.ppiicalslo. I3UD may perform ar r©- quire adtiitionad audits as it finds nec- essary or appropriate. § 863.4DS {g) Davis-Bacon Act. The prcrvisiana of the Davis-I3aaon Act do not apply to tills program. le8 FIL 13641, Mar. 18, .LA{73, as amenQecl st 81 FIt 821.1, Fc~b, 9. 1996: 84 FL3, fsU826. 8e11L. 18, 1!}99] Subpart ~--Administration ~ 6813.900 C:rant aglanomenE. (a) Gcyaeral. 'Phe duty to provide sup- portive housing or supportive services iu acaorclance with the requirements of this Pact will f)9 inrorPorated in a grant agreement exeautecl by HUI) Eased the recipient. (b} Ia'nja9rarnerzt. HUD will snfol'ce the obligations in the grant z4grsemvnt through such potion as may 17e appr~- priate, including repayment of itxltds that have already been disbursed to the reoipient. t8f33.408 Pra~cam c:haxrgeaa. (a) I~UU capprova]. {1} A recipient may not snake any significant changes to an approved p3•ogram witUaut prior H[TD approval, t~igzlii`ioant changes include, but are not limited to, a ahange in the rea#pient, a change in the prnjeat site, additions or del8tions ill the types of aativitivs listed ilt §583,1DD of this part approved far Cho program ar a shift of more than 10 l,eraent of ful~ds from one approved type of activity to another, and a ahange ill the oate~•ory of partici- pants to be screed. Depending on the natnra of the ahange, HUD may require a new aertitication aY consistency with the csonsaiitlated plan {rifle ~frES.lGfi). (2) Approval far changes is contin- gsnt upon the applioatian ranking r8- nlaining high enough after the ap- proved change to have 1~eHn oompeti- tiveiy selected for ftind111g in the year the application was seleatvd. (1)} bpCia971G}ltt(6t(09L of other o)aafiLflfls. Any ahcEnges to an approved program that do not require prior HUD approval moat be fully documented in the recipi- ant'a records, [58 FFt 13941. Iulai. 18. 1953, As amendxd ~.t• dl b'Fi, Fi1148, ESe1rG. 30,19A8] 265 §583.410 X886.410 Obligation and daubligatie~n of f~en[!s. (a) Ub14pa~tioaa of J'tztards. when HU.D aa~d the appiicant execute a grant a,greo- ment, funds are obligated to waver the amount' of the approved assisL•s.nee under subpart B of this part. The re- aipient will tie expected tv carry out the supportive housing _qr supportive serviaes activities as lropvsad in the application. {b} IracrCUSes. 1,ftor the initial abligar tion of funds, HUD will not rnalto revi- sions to increase t1xH amount of~ligated. (c) l7eobIigatton.. {i) HUD .may cleobligs,te all ar parts of grantas far ac- quisition, rehabilitation, acquitritivn and rehabilitation, or new oonstruc- tian: {i) If the aatual total rost of acquisi- tion, rehabilitation, acquisition and ro- hal~ilitation, ar new canst~•uction is less than the total coat anticipated in the E~p}~lication; ar (ii} If proposed activities for which funding ryas approved axe not begun within three months ur residents do net bHgiai to ocUUpy the facility within nine menthe after grant execution. (2) HUD may deabli.g~ate the amounts for annual leasing csosts, operating' avxts or auppvrtive servic;ss in azEy year: (i} if th9 actual leasing aostg, oper- ating costs or supportive sorvices for that year are less than Lhe total cyst anticipated in the appliaation; or (111 If the grvpased suppartive hous- ing operations era t3ot begun within three months ai'ter the units are avail- srble for oaaupanay. (9} The grant agreement may sot Earth in $etn,il other riroumstancas ender which funds xnay be daobligated, and ether sa7-ctions may be i~npvsed. {a} Hun may: fil 1Znndvertiso thq sr~ails.b911ty !~S ihads that have beep ciaobligated wrcler this sevtion in a native of ftmd avail- ability wider ~ 683.20D, or (ii) Awaxcl cleobligatecl funds to appli- cations prevlqualy subinittHd In re- spanse tv the invat recently published notice of fund availability. Etind in ac- cordance with subpart C of this past. 24 CFR Ch. V (4-1-04 EdiFian) 2fi6 EXHIBIT B INSURANCE REQUIREMENTS Subrecipient's Liability Insurance A. Subrecipient must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Subrecipient must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been 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: $1,000,000 Combined Sinple Limit 1. Commercial Form 2. Premises -Operations 3. Products) Completed Operations Hazard 4. Contracts[ Liability 5. Independent Contractors 6. Broad Form 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 cancella#ion 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 "left". In lieu of .modification of the ACORD form, separate policy endorsements addressing the same substan#ive requirements are mandatory. The name of the project must be listed under "Description of Operations" At a minimum, a 30-day written notice of cancellation, non-renewal, material change, or termination is required. B. If the Certificate of Insurance on its face does not show on its face the existence of the 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 COC COMPLIANCE AFFIDAVIT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § Date: 10-L?- Zoe Q Affiant: .fi_ah_~~!~11 ~~1i,~~fi~i ~ SQ~~~ 7~rxcf ~ ~n < Continuum of Care Grant Subrecipient Affiant, on oath, swears the following statements are true: I, ~tA ~ ~~; , am the ~t • .w~ ~k~ ~ (title} of Go ~.1u. C1 l ~ ~~s~ ; ? II~ fd~~~ ~~f , c~lt ~. , 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, $5, 107, 135 and 146, as applicable OMB Circular A-110 24 CFR 583 OMB Circular A-122 41 CFR 60.1 and 60.4, 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 underthe rules and regulations. Furthermore, I acknowledge that there may be additional Federal rules and regulations, beyond the rules and regulations listed above, to which the Subrecipient may be subject to and with which the Subrecipient must comply, in accordance with Federal laws. Signed SWORN TO AND SUBSCRIBED before me this the o27 day of ~~ , 2010. ~~tipRYP4q~/G D RA H, BOYLE ~-~-- _a~: • ~~~ N~~bro, scaYe orrtex~5 Notary Public, State of Texas ?~ •.,g My Gommission Expires '%~rF"~~~,` March 31, 2013 { i /' ~ SUPPLIER NUMBER ,...~~~ TO BE ASSIGNED BY CITY "•"~'~ PURCHASING DIVISION City of Carpus cnari sti t ~ 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 Piling Requirements, Certification and definitions. COMPANY NAME: G'66eluti`~!~ c.l~-afk!'7rf~1 6I c~0~•!~ ~`f~ cl~~• P. O. Box: ~~ STREET ADDRESS: Z9~ ~ ~ ®d~ ,~i~• CITY: Co~'~ 41 C~~liTa ZIP: 71'YO 1' FIRM IS 1. Corporation ~] 2. Partnership ^ 3. Sale Owner ^ 4. Association ^ 5. Other ^ If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm." ~~ Name Job 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 N 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or mare of the ownership in the above named "Firm." ~~~ Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." ~~~ Name Consultant Page l of 2 City Of Exhibit E ~~ CO ~1S .~Chr~ti ~.r.~.r• 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 L_obbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents far 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. L.J /0.2?-gal a ignature Date Print Name of Authorized Individual ~d6~u~ ~~ [Sk c+sl7~r~l ~ •fic.7~ ~~1~ ~k Organization Name