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C2010-459 - 11/16/2010 - Approved
CONTINUUM OF CARE GRANT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CBADRC CHARLIE'S PLACE THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This agreement ("Agreement") is made and entered into by the City of Corpus Christi, a Texas home-rule municipal corporation {"City"), acting through its City Manager or the City Manager's designee ("City Manager"), and the Coastal Bend Alcohol & Drug Rehabilitation Center doing business as Charlie's Place {"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 welfiare, health, and safety; WHEREAS, the City is desirous of providing appropriate supportive housing services to persons who are homeless; WHEREAS, appropriate supportive housing services include decent, safe, and sanitary shelter and other services essential for achieving independent living; WHEREAS, the Subrecipient is able and desirous of providing the appropriate supportive housing services to persons who are homeless and in need of assistance in order to improve the quality of their lives; and WHEREAS, the City has allocated Continuum of Care Grant ("COC") funds in the amount of $142,569 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 Five Hundred.Sixty-nine Dollars ($142,569} of C4C funds on a reimbursement basis, based on the stated services to be provided pursuant to the Subrecipient's approved Application far Federal Assistance 1=Y09-10 (grant #TX0022B- 2010-459 Res. 02884G 1111G/10 CBADRC Charlie's Place ~~~~~~ 6J101802), a copy of which is incorpora#ed 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 $135,78D will be reimbursed to the Subrecipient far the provision of essential supportive housing services to the homeless. (B) Not more than $0.00 (zero) 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 $6,789 will be reimbursed to the Subrecipient fior 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: 2.7 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 $27,156 must be spent by the Subrecipient to provide essential supportive housing services to the homeless. (B) Not less than $0.00 (zero) must be spent by the Subrecipient to provide for the operating costs related to supplying supportive housing services to the homeless. (C) Not less than $0.00 (zero) must be spent by the Subrecipient to provide for HMIS costs related to supplying supportive housing services to the homeless. 2.2 Staff and Administrative Support. Provide sufficient staff and administrative sup- port to carry out the stated services, supervise the delivery of supportive housing ser- vices to homeless persons, and provide supervision and oversight, by the Subreci- pient's Board of Directors, of professional services provided by the Subrecipient. 2.3 Services and Facilities. Provide services and utilize the facilities or buildings in accordance with the Continuum of Care Grant Program regulations contained in the United States Code of Federal Regulations ("CFR"), and including, but not limited to, those federal requirements contained in Sections 5 and 6 of this Agreement. 2.4 Permits and Licensing. Obtain and maintain any permits, certificates, and licen- ses that are required of the stated services and of the facility or the services offered therein by the State of Texas and any other agencies having regulatory jurisdiction over the facility or services. 2.5 Financial Records. Record financial transactions according to accrua! 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 Cantinuurr~ of Care Agmt -Charlie's Place Page 2 of 12 City Manager or the Administrator of the City's Community Development Department {"CDD"). 2.fi Access to Records. Provide access to all records, documents, reports, or audits regarding the services funded under this Agreement, during regular business hours, for purposes of the United States Department of Housing and Urban Developmen# ("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 (HM1S) 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 fvr 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 1, 2010, 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 last day of any month upon thirty {30) days prior written notice to the other party. 3.3 Notices. {A) All notices, demands, requests, or replies provided 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 -Charlie's Place Page 3 of 12 pany 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 Corpus Christi Attn: Admin., Community Dev. P. O. Box 9277 Corpus Christi, Texas 78469-9277 (361 } 826-3045 Office (361) 844-1740 Fax If to the Subrecipient: CBADRC dba Charlie's Place Attn: Executive Director 24 N. Country Club Place Corpus Christi, TX 78407 (361) 882-9302 Office (361 } 883-3402 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 ofi 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 ofi the insurance policies required by Exhibit B. 4.4 Right to Re-evaluation and Adjust Limits. The Risk Manager retains the right to re-evaluate the insurance requirements during the term of this Agreement and adjust the types and limits of such insurance upon thirty (30) days written notice to Subrecip- ient. Insurance types and limits may not be adjusted more frequently than once a year. Continuum of Care Agmt -Charlie's Place 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 re- covered from or asserted against the City on account of injury or damage to persons or property (including, without limitation on the foregoing, workers' compensation, death, and premises de- fects) to the extent any such injury or damage maybe incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the City, its ofiFicers, employees, or agents ("lndemnitees'), acting pursuant to this Agreement and with or without the express or implied invitation or permission of the Subrecipient, or on the. part of the Subrecipient or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the facilities ber`ng used pursuant to this Agreement and with or without the express or implied invitation or permission of the Subrecipient, or when any such injury or damage is the result, proximate or remote, wholly or in part, of the violation by In- demnitees, the Subrecipient or any of its agents, servants, em- ployees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the use or occupancy of the facilities by lndemnitees, the Subre- cipient orany of its ages#s, servants, employees, contractors, patrons, guests, Licensees, or invitees, including, but not limited to, the failure of fhe Subrecipient to mainfain the Facilities. (B) These terms of indemnification are effective upon the date of exe- cution of this Agreement and whether such injury or damage may result from the contributory negligence or concurrent negligence of Indemnitees, but not if such injury or damage may result from the gross negligence or willful misconduct of lndemnitees. (C) The Subrecipient covenants and agrees fhat, in case the City is made a party to any litigation against the Subrecipient or in any litigation commenced by any party other than the Subrecipient re- lating to this Agreement, the Subrecipient shall, upon receipt of reasonable notice regarding commencement of litigation and at its own expense, investigate all claims and demands, attend fo their seftlement or other disposition, defend the City in all actions Continuum of Care Agmt -Charlie's Place Page 5 of 42 based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys .and all other costs and expenses of any kind whatsoever arising from any said claims, demands, ac- tions, damages, losses, costs, liabilities, expenses, or judgments. (D) The indemnification provisions of this section survive the termina- tion or expiration of this Agreement 4.6 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. SECTION 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 for only those services specified in this Agreement and which are matched on a cash basis in accordance with this Section 5.1 and the regulations contained in the Code of Federal Regulations. The Subrecipient shall submit matching funds support documentation which must be provided with each request for payment. 5.2 Use as an Emergency Shelter. (A) Any building for which 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 far 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 -- Charlie's Place Page 6 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 hausing services for the homeless must meet local government safety and sanitation standards. 5.4 Assistance to the Homeless. The Subrecipient shall assist homeless individuals and families in obtaining access to appropriate supportive housing services, including permanent hausing, counseling, supervision, and other services essential for achieving independent living. Additionally, the Subrecipient shall assist homeless individuals and families in obtaining access to other Federal, State, local, and private aid that may be necessary to such individuals and families. SECTION 6. ADDITIONAL FEDERAL REQUIREMENTS. 6.9 Nondiscrimination And Equal Opportunity. The Subrecipient shall comply with the following requirements: {A} The requirements of the Fair Housing Act, 42 United States Code {"U.S.C.") §3601-19, and implementing regulations at 24 CFR Part 100 et seq., as each may be amended; Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959-1963 Comp., p. 652, and 3 CFR, 1980 Comp., p. 307), as each may be further amended; Equal Opportunity in Housing Programs and implementing regu- lations at 24 CFR Part 107, as each may be amended; Title VI of the Civil Rights Act of 1964 (42 U.S.C. ~§2000d-20DOd-4), as it may be amended; and, Nondiscrim- ination in Federally Assisted Programs and implementing regulations at 24 CFR Part 1, as each may be amended; {B) The prohibitions against discrimination on the basis of age under the Age Discrimi- nation Act of 1975 (42 U.S.C. §§6101-07) and implementing regulations at 24 CFR Part 146, as each may be amended; and the prohibitions against discrimination against otherwise qualified individuals with disabilities under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and implementing regulations at 42 U.S.C. §12101 et seq., and 24 CFR Part 8, as each may be amended. For pur- poses of the COC funding programs, the term "dwelling units" in 24 CFR Part 8, as it may be amended, includes sleeping accommodations; (C) The requirements of Executive Order 11246 and the supplemental regulations issued in 41 CFR Chapter 60, as each may be amended; {D) The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. §1701 u, and implementing regulations at 24 CFR Part 135 and 24 CFR §570.607(b), as each may be amended; (E) The requirements of Executive Orders 11625, as amended by Executive Orders 12007 (3 CFR, 1971-1975 Comp., p. 616, and 3 CFR, 1977 Comp., p. 139} (Minor- ity Business Enterprises}, as each may be amended; Executive Order 12432 (3 CFR, 1983 Comp., p. 198) {Minority Business Enterprise Development}, as each may be amended; and Executive Order 12138, as amended by Executive Order Contirouum of Care Agmt -Charlie's Place Page 7 of 12 12608 (3 CFR, 1977 Comp., p. 393, and 3 CFR, 1987 Comp., p. 245) (Women's Business Enterprise), as each may be further amended; and, (F) The requirement that the Subrecipient make known that use of the facilities and ser- vices is available to all persons on a nondiscriminatory basis. Where the proce- dures that a Subrecipient uses to make known the availability of such facilities and services are unlikely to reach persons with disabilities or persons of any particular race, color, religion, sex, age, or national origin within the Subrecipient's service area who may qualify for them, the Subrecipient shall establish additional proce- dures that will ensure that these persons are made aware of the facilities and ser- vices. The Subrecipient shall also adopt and implement procedures designed to make available to interested persons information concerning the existence and location for services and facilities that-are accessible to persons with disabilities. 6.2 Applicability of OMB Circulars. The Subrecipient shall comply with the policies, guidelines, and requirements that are applicable to the use of COC funds set forth in the 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. 6.3 Lead-based Paint, (A) Subrecipient shall comply with the applicable requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4821-4846}, the Residential Lead- Based Paint Hazard Reduction Act of 1992 (42 U.S.C. §§4851-485fi), and the implementing regulations at 24 CFR Part 35, as each may be amended. (B) In addition, the Subrecipient shall also meet the following requirements relating to inspection and abatement of defective lead-based paint surfaces: (1) Treatment of defective paint surfaces must be performed before final inspec- tion and approval of any renovation, rehabilitation, or conversion activity under this Agreement; and (2) Appropriate action must be taken to protect shelter occupants from the hazards associated with lead-based paint abatement procedures. 6.4 Conflicts of Interest. In addition to the conflict of interest provisions in OMB Cir- culars A-102 and A-110, no person who is an employee, agent, consultant, officer, or elected or appointed official of the Subrecipient that receives COC funds and who exer- cises or has exercised any functions or responsibilities with respect to assisted activi- ties, or who is in a position to participate in adecision-making process, or who may gain inside information with regard to such activities may obtain a personal or financial inter- est or benefit from the activity or have an interest in any contract, subcontract, or agree- ment with 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 CFR §583.330 and file a written application, containing full disclosure of the facts, with HUD and the Administrator of CDD. Continuum of Care Agmt-Charlie's Place Page B o€12 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. 6.8 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. 6.9 Contract Work Hours and Safety Standards Act. The Subrecipient shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. §§329 and 333, as amended and as supplemen#ed 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. Consistenfi 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 pravision of this Agreement be given full force and effect for its pur- pose. 7.2 Jurisdiction and Venue. The laws of the State of Texas govern and are appli- cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces County, Texas, where this Agreement was entered into and must be performed. 7.3 Nonexclusive Services. Nothing in this Agreement may be construed as prohibi- ting the Subrecipient from entering into contracts with additional parties for the perFar- mance of services similar or identical to those enumerated in this Agreement, and nothing in this Agreement may be construed as prohibiting the Subrecipient from re- Continuum of Care Agmt -Charlie's Place Page 9 of 12 ceiving compensation from such additional contractual parties, provided that all other terms of this Agreement are fulfilled. _ 7.4 Modifications. Modifications to this Agreement are not effective unless signed by a duly authorized representative of each of the parties to this Agreement. Modifications which do not change the essential scope and purpose of this Agreement may be ap- proved on behalf ofi 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.fi Disclosure of Interest. In compliance with Section 2-349 of the City's Code of Ordinances, the Subrecipient shall comple#e the City's Disclosure oflnteresfs 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 Certification Regarding Lobbying form, which is attached to this Agreement as Exhibit E, the con- tents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. (EXECUTION PAGES FOLLOW) Continuum of Care Agmt - Charlie's Place Page 10 of 12 Executed in duplicate originals this ~ day of ~~~~~~ , 2010. ATTEST: o _ Armando Chapa City Secretary Approved as to form: ~ ~ , 2010 Eliza h R. Handley ' Assis ant City Attorney for the City Attorney ACKNOWLEDGMENT .~; ~~ gg~[~ Au~~nRlc~a ,~ . sEC~~r~~~ ~,b. STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on ~~-~,~+-..._['~ , 2010, by 'Angel R. Escobar, City Manager of the City of Corpus Christi, a Texas municipal home- rule corporation, on behalf ofi the corporation. :~S' Y ~~r ~. P' Horcv~rou~~ro~u '~~',•' = MY CCMMiSSION EXPIRES y'•~~;;Q~,;~' ~apte-n6er24,2D42 R ~ Notary Pub ~ , State o Texas CITY OF CORPUS CHRISTI ~~~~ ` ge R. Escobar City Manager Continuum of Care Agmt - Chariie's Place Page 11 of 12 SUBRECIPIENT: COASTAL BEND ALCOHOL & DRUG REHABILITATION CENTER doing business as CHARLIE'S PLACE Si tore r ~~_ Printed N~ me Title a~~ ~~ Date ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on , 2Q'10, by ~...a ~.. - , in hislher capacity as the e o~ of the Co stal Bend Alcohol & Drug Rehabilitation Center doing business as Charlie's Place, a Texas non-profit corporation, on behalf of the corporation. ~a u~anw se~idx3 uassslwwn?UeWiots sexal;o e~eiS'oifq~d H41?Id8 NN1+1 dSlail~- Public, State D ~,ti*RtAy~~ LAURISA LYNN BAKLIK °~~~^= Notary Public, State of Texas y ~pya My Cnmmission Expires %;e~~,~'~ March 09, 2011 Continuum of Care Agmt -Charlie's Place Page 12 of 12 Appiicanf: Clty of Corpus Christi TX-501 ProjECt: TX-5Q1 -Ren - Char~le's Pface Sundse Recovery Hvuse 1`X0022B6JD1Q8p2 Grant Number: TX0022BiBJ010802 Award Amount: $'#42,569 ~~ Recipient: City ort Corpus Christi, 7201 Leopard Street, Corpus Christi, Texas 78401 Tax iQ#: 74-6000574 Project Name: TX-501 -Ren -Charlie°s Place : anrise Recaver~ House Compponent Type: SSA Official Contact Person: Mr. Eddie ®rt®ga, ®irector a~f Neighborhood Services Emil Address: eddleo(~cctexas.corn Phone: (3$7) 826-3234 IFax:.(367) $26.3017 .2009 SUPPORTIVE HOUSING PROGRAM RENEWAL GR~eNT AGREEIUIENT This Grant Agr®ement is made by and between the ~Jnited States ®epartment of ,Mousing and Urban Development (HUD) and the Recipient, which is described in section 7 ®# A#tachment A, attached her+ato and made a part hereof. Cartsolidated Grant Agreement Page 1 D81081201 D Applicant: Gity pf Corpus Christi Project; i'X-501 - Ren -Charlie's Place Sunrise Recovery Hose FX-501 TXDp226BJQ10802 The assistanoe which is the subject of this Grant Agreement is authorized by the McKinney-Vento Homeless Assistance Act 42 U.S.C. '! 138'1 {hereafter the Act'j. The term 'grant` or'grant funds' means the assistance provided under this Agreement. This grant agreement wilt be governed by the Act, the Supportive Housing rule codified at 24 GFR 583, which is attached hereto and made a part hereof as Attachment B, and the Notice of Funding Availability (NOFA~ that was published in two parts. The first pelt was the Polic Requirements and General Section of the NOFA, which was published ~ecember 29, 2006 at 73 FR 79548; and the s®cond part was the Continuum of Care Homeless Assistance Programs NOFi4 Section of the NOFA, which is located a# ht#p:flwww.had.govlofficesladrnlgrantsfnofaOSlcocsec.pdf. The term 'Application' means the original and renewal application submissions on the basis of which a Grant was approved by HUD, including the certifications and assurances and any information or documentation 'required to mee# any grant award conditions. The Application is incorporated Herein as part of this Agreement, however, in the event of conflict between the provisions of those documents and any provision contained herein, this Renewal Grant Agreement shall control. The Secretary agrrees, subject to the terms of the Grant Agreement, to provide the grant funds in the amount specified at section 2 of Attachment A for the Approved project described in 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 At#achrnent A. The Recipient must provide a 28 percent cash match for supportive services. The Recipient agrees #o comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any ®n#lties to which 'r# Imakes grant funds available. The Recipient agrees.to participate !n a local Homeless Manageslaent Information System (HMIs) when implemented. The Recipient and project sponsor, if any, will not knowingly allow illegal activities In any a~nit assisted with grant funds. The' Recipient agrees to draw grant funds at least a~}uarterly. HUD notifications to the Recipient shah be to the address of the Recipient as written above, anises HUiD is otherwise advised in writing. R®ciplent notifications #o HUD shah 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 HIID. Consolidated Grant Agreement Page 2 031081201p e4fap~icant: City of Corpus Christi T?C-SO'i Protect: 7"X-607 - Ren -Charlie's Place Sunrise fteeovery House TX0022B6J07{3802 For any project funded by this grant, which is also financed through the use of the Low income Housing Tax Credit, the following applies: HUD recognizes that the Recipi®nt or the project sponsor wlii or has financed this project through the use of the Low-income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed #or that purpose. If grant funds were used for acquisition, rehabilitation or construction, then, throughout aperiod- of twenty years from the date of initial occupancy or the~inltial service provision, th® Reciplsnt or project sponsor shall continue as general partner and shat! ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations anal statutes. Further, the said limited partnership shall own the project alts throughout that twenty year period. If gran# funds were not used for acquisition, rehabilitation or n®w construction, then the period shall not be twenty years, but shall be for the term of the grant agr®ement and any renewal thereof. Failure to comply with the terms of this paragraph shaiB constitute a default under the Grant Agreement. A default~shall consist of any use of grant funds for a purpose other than as authorized by this~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. FlUC, would have resulted in this grant not being provided. Upon due notice to the Recipient of the occurrence of any ~$uch default and the provision of a reasonable opportunity to respond, Hl]D n,ay take one or more of the following actions: ~a) direct the Recipient to submit progress scheda~les for cvrnpieting approved activities; or =b) issue a letter of warning. advising the Recipient of. the default, establishing a date by which corrective actions must be completed and putting the Recipient on notice that more serious actions will be taken if th~a de#ault is not corrected ®r is repeated, or ~c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out~remedial actions; or {d) dir®ct the Recipient t® suspend, d6sc®ntinue or not incur costs f®r the affected activity, or Consolidated Grant AgreerrEent Page 3 03/08/207 0 f~pplirc~nt: Ciiy of Corpus Cfi~risti TX-501 ~roj~cg: TX-501 - Ren -Charlie's Place Sunrise R®co~ery House T)Cp022~6J010802 (e) reduce or recapture the grant; or (f) direct the Recipient to reimburse the program accounts for costa inappropriately charged to the program; or 4g) continue the grant with a substitute recipient of HUD°s choosing; or (h) other appropriate ac#ioo~ including, but not limited to, any remedial actiion ieggaify available, such as of#irmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. lVo delay or omissiorq by FiUD in exercising any right or remedy available to it under #his Grant Agreement shah impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. For each operatin~ year in which funding is received, the Recipient $hail fif® annual certi ications with HUD that the supportive housing has been provided in accordance with the requirements of the Grant Agreement. 'phis Grant Agreement constitutes the entire agreemen# between the parties her®to, and may be amended only in writing executed by HUD and the Recipient. Move specifically, the Reclplen# shall not change recipients, location, services, or population to be served nor shift more than 'l0 percent of funds from one approved type of eligible activity to. another, or make any o#her significant change, without the prior written approvaB of i•IUD. Consolidated Grant Agreement Pale ~ 0310812Q10 Applicant: City of Carpus Christi i~roject: TX-501 - Ren - Charlie's Place Sunrise Recovery Hause S~GNATURE~ This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development ~y. ~ APR ~ ~, 201 Riches L. Lopez . rmt name o signatory Acting CPD_Directar , 'title ~ ' RECIPIENT City of Corpus Christi sine o rgan zat~an By. ~ ~~~GY a u honze gnatur® an ate Eddie Ortega Print name a S gnatory f]ireotor of Neighborhood Services itle TX-501 TX0022B6J010802 Consatidated Gran# Agreement ~ Page 5 03/08/2010 App~liaan~t Ciiy ai Corpus Chriski ~'X-a09 Prn~ec4: TX-501 - Ren -Charlie's Place Sunrise Recovery House TX0Q2266J010802 !'1~~~~ ~ ~M~ ~ ~tl 1. Vhe recipient is City of Corpus Christi. 2. HUD's total fund obligation far this project is $742,5B9, which shall be allocated as follows: 1_easing $0 Supportive services $135,x'$0 ®perating costs $D HMIS $0 Adriminlstration $B,T$9 3. Although this a reement will become effective only upon the execution hereof by both parties, upon execution, the term~of this agreement shah run from the end of the Recipient's final o rating year under the original Gran# Agreement or, if the original GranAgreernent was amended to extend its term, the term of this agreement shall run from the end.of the extension of the original Grant Agreement term for a period of 12 months. Eligible costs, as defined by the Ac# and Attachment B, incurred between the end of Recipient's final opera#ing year under the origina! Grant Agreement, or~extension thereof, and the execution of this Renewal Grant Agreement may be paid with funds from the first operating year of this Renewal Grant. Cansolidaied Grant Agreement Page 6 03108!2090 PART 5$2--SHELTER PLUS CARE 5ubpart~A-General PART ssz-'-SW~Lr~~ PLUS cA~E Subpar! A-General Sao. 582.1 Pw•po139 laid scope. 582.5 DefYnltiona. Subpart 8-Asalsfance Pravldel3 6$2.100 'YraNram component detx:riptions• bD2.i05 l~eritnl assiritauce amounts and pay- tnents. 682.110 Matching ragniremonLs. b02.116 Limitatimu~ an uaslatance,. 632.120 0o)tsolldaterl plan. Subpart G-Appilcattan and Grant Award 532.200 A.ppllaatlan Bald grant award, b$2,$3D ~m=llwnmantal r4viaw. 24 CFR Ch. V (4-1-04 Edition) Subpart P-Program Requirements b32.8DD [leneral operation. 632.30$ liousing qualltY standards; rent r~a- aOniLble33tl99. 6sa.91D ltesldeut rout. 632.518 Uacttpanoy agresmenEa, fiD2.320 Termination eP atsaiatattre to partlal- pantx. 662.32b C7utreacll aotivltlps. 632.33$ ldoltdlscutminatlon and equal oppor- tlu3lty regnt3'e3ntmts. bd2.8$5 Llaplaaement, relocation, and Ireal prapOrtV swquisltion. 632.340 Ot3161• Federal require3nenta. Subpart 6--~Adminlstralian 582.400 {lent agreelne~ut, 5$2.405 PruRranl cllaugaa. 6$2.410 ObllgatlW3 and deoblitsation of Sunda. AL1Tf1U1t1TY: 49 U.E3.C. 5585(41 ahd 7.1403- 11407b. SOUFtOE: 5$ P'R 188$2, lh~la,r. 16, 1DA3, unless Util,erWiae 110te[l. Subpark A-G®nerai 092.1 Pul~luao end eleopn. {a) Gerterul. The f3helter Plus Care program (~+C) is aut11a1'is3sft by title IV, subtitle P, of ilia ~t13wa1•t ~ H. McKinney Homeless Assists.»oe Act (the MclCi3lney Act} (4~ U.B.Cl, 11903- 114U7b), ~-r•C is designed to Birk rental assistance to supportive servioos far hard-Go-sorve holneleas persons with disabilities (primarily 811ose wha are seriously mentally 111; have ciirollic problems witll alcohol, drugs, or both: or have acgaired 1r11nlunodefioielioy syndrome (AIDS) and related diseas3as) altcl their families. 't'ile pi'ogrdtn pro- vider greats to ba useii for rental as- sistanae for Uermanc+nt housing fo1• honlele0-3 persgns with dlsrtbllitier. lteatal 3r;sriistanoe grants must be snatched in the ag'g~rsgate by aup- portive servlees th0;t era equal in value to the amnunt of rental assistance alift allpropria,te to ilia needle of the popu- lation to be t;erveft. Recipients are cho- sen on a conlpetitive basis ntttlonwide. (b) Cu~lpolxe3e~:. Ftontai aesistanco is providod tlal•ottgh tour components do- ncrlbed in ¢b82.1U0. Applicawits may apply for asaiatanc3a undor any cue of t11e four components, oi' a combination. [b3 L'R 13892, Mar, 15, 1493, ss anxondefl at 01 L'lt 511$9, dept. SD, 1$961 238 Pfc. of Asst. Secy., Comm. Planning, Develop., H1jD .•. ~S8id,5 Definitions. '.I'kte terms Fair Mctr]uE ItertC {FMIt), HUD, Pu61tc HousP~.g Agencl! (PHA. ), 1'ai- dinn Housing rluthniity (IHA), and ,S'ea- retury are clefined in 24 CFR part b. Ag used in this part: ACQ4tt4'G'{t tmmitnade/trieiacy sy~y~rtrnn~e (AID,S) u+~d rclatrsd diseases has the meaning given in section 863 of the A.IDF3 l~ousittg Opportunity Act (42 U. ~l.C. 12902}. ~lppiicant has the meaning given in sectinn 462 of the McKinney Act {~!2 U, S.G. 11903g}. Iyitgtbls person means a homeless pex- son with disabilities (prltnarily persons who are seriously rnentaily ill; have chronic probieine with alcohol, drags, or both; or have AIDI3 and related dis- eases) and, if also homeless, Clio family of such a person. To be eligible for as- siRtanoe, parsons must be very low iti- aome, except that low-in.aatne iiidivid- izale ntay be assisted under the SRO component in accordance with 29 CFR 813.105(b). HnmeIcss or horneress inrlfvtcf4cal has the meaning given in section 103 of the McKinney Aat (~12 U.S.C. 111102). InUta~t tribe ha.ti the meaning given in section 102 of the Housing stnd Commu- nity Development Ac;t of 11174 l42 U.(3.C. &302). Lain-Sncon~ i3aoans an annual incomo net in exoess of 80 percent of the me- dian income for the area, as deter- lnlned by HUD. HUD inay establish in- come limits hlgltcr or lower than 80 peroent of the median income for the s,rea on L•he basis of its Finding that suoh variations are necessary because of the prevailing' levels of construction oosts or utlueually high or low family 111Gamas. NnngiroltG organtanttore lies the mean- 1i1J1 given in section 109 of the Cran- ston-Ckanzalez National Affordable Housing Aat (42 Z7.S.C. 12709), The term nonprofit organizs~tlan also includes a community mental health Denier es- tahlisflsed a.s a public nonprofit organi- zation. I'ap'ttCtp[at:t Fnaane an eli8'ibl@ person who rise bean selected tci participate in S+C. PE•rson with rltsabtitttes means a hou~e- hold composed of one or mare persons at leant one of whom is an adult who leas a disability. § 582.5 (1) A p8rscfn shall be cUnsitlersd to have a disability if suclt person has a physical, mantu,l, ar einotional iinpafu•- nlent which iK expecY,ed to be of 1o11g- continued and ludefinite cluratian; sub- stantiniiy impecles his or her ability to live ittde3pendently; anel 15 of such a tia- ture that such ability could i7e iin- praved by more suitable housing concli- t'lone. (2) A.person will also be considered to have a disahility if hs or she has a de- velopmontal disability, which is a se- vere, chronic disahility t)ls,t- (1) .Is attributable to a nieittal ar physioal inlpairntettt or cambiuatian of mental and physical impairments; (11) Is inanifasted hufara the person attains $ge 22; (iii) Is ii'kely to continue ittdefi- iii rely; (iv) Results lit substaattitil funati.onai lfni}tations in thraa or more of the fol- lowing arose of ma~ar life activity; (A) Self-care; {13) 11,eceptive and expressive lan- gua}re; {C) I,earning~; (D) Mobility; (E) Self-direction; (N'} Capacity for inde}~endent living; and (C•) Economic: self-sut'Y'tciency; and (v) Reflects the parson's noed for a combination and egquonce of special, 111ter~disciplittary, or generic -taro, treatment, or othor serviaee whioh are of lifolong or extflnded duration and are individually plaunocl and ooordinatod. . (3) Notwitristandttsg the precoding~ provisions of this definition, the term person ~nttlt dtsnbtdittes includes, exoept in the case of the SRO ooinpanent, two or more persons with disabilities livinq• together, one or mare such persons liv- ing with anothor person who is deter- mined to be iinportattt to their Aare ar well-being, and the surviving member or meinbors of any riousehald desoribed in the first sentence of this definition who were 1•lving, in a unit assisted under this part, with the deceased member of the household at the time of hls or her death. (Itt atty event, with re- spect to the ssurvlving member or mem- bers of a household, the right to rental assistaaice under this part will termi- nate at the end oY the grant perlad 23S $ 5B2.7Q0 ceder which the deoeaxed rnentber was a participant.} Itecdplan•t means an altplioant ap- proved to ractoive a SAC graztG. S'erlouslpJ mentr~Zl9! tYI ha.s tlla nl8anirlq given in asoticn 962 of the Moginnep Aat (42 U.Q.C. 114438'}. gingde rgorn nc.•cupanc.~ (.SRO) housing means a unit for aacupa.nay by one per- son, which Hoed Hat but may contain food preparation or sanitary facilities, or both. S~vonsor moans a nonprofit organisa- tion which awns or leases dwelling unite and has oatitraats with a recipi- ent to make such ultits avssilablm to eli- gible homeless persons and reeeivea rental assistaxzos payments under thm ;BRA aonlpanent. Stafe has the meaning given 111 aoa- tion X162 of tho MoKlitn.sy Act i42 U.S.C. 114438). . Supaportfue service provider or serulce prr~vidrr, means a person or orgaltiza~ Lion lieenaed or otherwise qualified to provide aupportlvm sorvicoa, either for profit az' not for profit, ,S~uirportt~ue services moalts assistauas Ghat--- {1) Addressee L•lte special needs of eli~ gib1s veraoins; and (2) 1'rovidss ai~ltropriate asrvia;ss or assists such persons in obtaiiling• ap- propz'iatg asrviues, itialudtng health care, 111elttal health treatment, alcohol and ~ather sllbatanoe abuse cervices, ohild rare smrviaeg, cage rnanagempnt xsrvices, aounselinR, supervision, edu- catioll, dab ta~alning, :4nd outer services essential far r~ohieving and znaintain- ing• independent liviit8, {Ittpaticnt saute hospital oars dome Hat qualify as A supportive service.), (Inft o/' i7eaaeral local gavetatrtteaat hsa the meaning given iti xectiait 142 of the Hausitig and (community Aeveloplnent Act of 1D79 (92 U.S.C. £i308). Veep roto-lrecorna means axt annual in- come not in exaesx of b4 percent of the mecltan ~inaame for tl1H area, as deter- mined lty HUD, with adfuatments for smaller anti lfer6rel' fatniliea. F1UA may establish inronte limits higher ar lower titan b4 percent of the modian income for tho area on the bftsis of its finding that such variatlone are iiecessary be- 24 CFR Ch. V (4-1-09 Edlt~on) raulte of unusually high or law family incontea. l:61 k'B. 91189, 'dept. So, 1986; 62 N'li~ 13589, AiAr. 81, 18971 Subpart B-Assista~lce Pro~Eded #882,100 Prngram component desnrlp- tinns. (a} Tenant-based rental asslsttance (47kA). TeitanL-baamd renG•al assistance provides grants for rental assistance •wktich permiC particlpalttt3 to choose housing of an appropriate else in which to reside. Pai ticipants retain the rent- al assistance if they move. 'Where nee- easary to facilitate the coordination of supportive aervioex, grant reaipiezlts tYtay require pat•tioipants to Iive 1!! a specific area for their entire period of gartlaipation or in a specifio structure far the first year and in a specific area for the remainder of their period of participation. Recipients may not de- fine the area in a way that violates Lhs Fair Housing ACt or the Rehabiiitatian Aot of 5978. The term of the grant lte- i;weell HUD anti the giv~,nt reMpient for `1'RA is flue ,years. (b) Pib~coi-based rca:kal usslstance (PR•.9). l'rajoct-based rental a.saiatance provides grants for rental aasixtan<:s to tllo owner. of an sxiating atruatlire, where 1110 awnai' agrees to i,eaee the $ubsidizsd units to participants. 1'ar- tieipants do not retain rental assiat- lance if they mnve. Rental subsidies aro provided to the owner for a period of oi- t1ler flue ar tdn years. Ta qualify fez' ton years of rental subaidi.sa, the osvuer must aomplate at Ieaat 83,A00 of of#gible rehatlilitatiatt fpr each unit {including tits unit's prora.tsd share of work to be aooomplislted on aonzmvn areax ar sys- tems), to rnal~e thm struatul'e docent, sate and sanitary. Tills rehabilitation inust be completed with in 1S months of the g1'aitt award. {o) S'lio~isot•-based rental nssista~lce (Sl~~l). Sponsor-Uased rental assistance provides grants for rental assistance throu~lt contrasts between the grant recipient and sponsor org•attiaatians. A sponsor may its a private, nonprofit or- ganization or a community mental health agency estabYished as a public nonprofit organization. l'a,rtioipants reside in 'housing owned ar leased ity X40 Ofc. of ASSF. Secy., Camm. Planning, Dev®la~., HUD tine sponKOr. The tex•m oY the grant be- tween HUD anti the grant recipient for gR,A is five yeax's. (d) 1V1otEe-ntrt rah¢U4litution for single roa»t accupa~acp! d'walli~aps (,SftfJ). (1) The ~,FiC) component provides grants for rental a8alstallne in nonnetstion with the nzvderate rehabilitation oi' single room oacupanny houeting units. Re- souroes to initially flxnd the Coat of re- habilitating the dwellings -moat be ob- tained 1Y'om other soltrnes. However, the rental assistance severs operating exp»zzaea of the rehabilitated ,SRO units ocnupied by homeless persons, incluci- ing debt service to retire the roet of the znaderate rehal>ilitatiolz over aton- yaar. period, (2) SRU pausing must be in need of moderate .rehabilitation and mast meat file retiuiresnents of 24 CPR 882.843(x). Uosts asaonlatod with rehabilitation of common areas may be included in the calculation of the cost far Assisted units rased on the proportion of the number of units to be assisteti under this paz't to the fatal number of units. {9) 8RU assistance may also be used fnr ei'fiCiency units eelt~nted fnr reha- bilitation under this program, Uut the ~.~css rent (oonta•act rant plus any util- ity allowance} for those units will ba no higher than for 1SRU units (i.e., 76 percent of the D-bedroom Moderate 1"te- habilitation Pair Market Rent}. (9) The requirements regardin8• main- tsnazzce, operation, axld inspections de- acribetl in 24 CPR ~ 882.80fi(b)(4) and 882.848{n) nzuat be met. (5) Go•oerning regT4lutions. Except where these is s, caizfliet with aazy re- quirement under this Bart or wher4 specifically provided, the SitO eanzpo- nent will be governed by the rogula- tiona set forth in 24 CI`It Bart 882, sub- part H.• 4$82,10D RentAl assistance exnounts and payments. (a} Cdipible activib1/. E3+C grants nzay be used Por providing rental assistance for housing oaaupied by participants in L•he progrt~.m anti adminiatratlve costs as provided for in paragraph (e) of this section, except that the hauling may not be Currently rBCeiving Federal flsnding for rental assistance yr aper- atizzg• costs under other H[ID programs, Reaiplents znay design a hottsing pro- $ 582.106 gram that inCludrse a range of housing types with differing levels oY sup- poz'tiVe sex'vlcses. Rental aaaiata3lCB play include security del~nsits on units in an amount up tc one month's rent. (b) A9nou•rat oJ' the gra7at. The arnaunt of the grant is based on the number caul sire of units proposed by the appli- rant to be sasisted over the grant pe- riod. The giant amount is nalculated Uy multiplying the number of units proposed times the applicable Fair R4arkESt Rent (PMFt} of each unit times the term of the grant, (a) Paym.rnt of grant. (ll The tyrant asncunt will be rases'ved fvr zental az~- aistanoe over thv grant period. ?in ap- plicattt's grant request is an estlYnate of the amount neefted. Tor rental assist- anne. Recipients will make cliaws from the reserved amount to pay the at:tua3 costs of reutaI zlasiatance for program partinipants, For TR.A, nn demonstra- tion of need, up to 2b pert;ent of the total resztal aesistanoo awarded may bo spent in any ono of the fivr, seat's, or a higher pertsentage if approved by HUA, where the applicant provides evidence satisfauctory to Hl3D that it #e finau- cially nommitted tv providing the housizag assistance described fn file ap- pliaation for the itixll fivta-soar period. (L) A raaipient must serve at least as many pastloipazlts as Shawn izl its ap- plication. Where the grant amount a.•e- served for rental assistanaa aver the grant period exceeds the amount that will lee heeded to pay the actual Costs of rental assistance, clue to such faster as eantract rents being lower thsn FMRs and partictpants are being able to pay a portion of the rezzt, realpierxts may use the remaining funds for file sorts of administering the housing as- sistance, as described in paragraph (e) of this section, for dainalge Go property, as daaaribed in l;aragraph (f} of tills section, for caverfng the costs of rent increases, or for aervizl$ a l;reat num- ber of participants. (d} Vacancies. (1} if a unit Assisted under this part is vacated before the axpiz'atioll of the oaoupanay agreement described In $b82.315 of tizis part, the assistance fox' the unit may caztinue for a maximum of 94 days from the and of the month in which the unit wAS va- cated, unless occupied by another eligi- ble person. Ido aftditional assistanre Z4~ ~sea.i i0 will be lzaid until the unft is oc;aupiecl by another eligible persal. (2) A8 used in this paragraph (d}, site terns "vacate" does not fltclude brief periods of inpatient cars, not to exceed 8U days for each occurrence. (s) .9dm4teiStrcr44ve cvsfs. (1) Up to eiglzt percent of the gratis amount may be used to pay the casts of administering the housing assistance. Recipients may contract with ttrtother entity aUlaroved by HUI~ to administer the housing as- tii6tanee. ('l) EligYble acimiuistrative activities inoiude praaessing rental payments to landlords, exatttinixtg partiaipaatt hr- came attcl family composition, pra- viclittg~ housing ini'armatlptl artd asSist- anae,. iTrspecting~ units for romplianae with ]sousing quality standards,~and re- ooiviztg into the pra$ram new partlei- pnnts. Tltis administrative allowance does ltot inoludo rho cast of adTnin- istering the supportive services or size .grant {e,,q., casts of preparing the appii- aatiozl, repaxts or audits required by IiUI1}, which are rat eligiblo activities under a w~+C gt•ant. '(f} Yrapnrty dum[agc. Recipients ntay use [franc funds in aTZ amount up to one month's rent to pay for arty damage to housing• due to the action of a parCiof- pnTtt. fb8 IrFi 13EI92, Mar. 1G. 1903, sts aTitpndesl at• Ni 1Nit $ilfia, wepC. 99, :L99R) #1f82.110 MzitaltingrequiremenEe. (il) Mf7.4CI147dFJ rERt[Ll U3343tfrtrCC R014h suiportive services. (1} To clual3fy for rental assistalzee grants, an S,priliaant must certify tltnt it will provide or en- sure the provision of supportive sertr- ions, including funding the services itself if the plarlnetl resources do not bacozite available fax' a.ny reason, ap- propriate to the needs of the ltapu- lation being served, and 1st least equal izt value to the aggregate antourtt of rental assistance funded by HUD. The suppvxtive services may bo newly are- ated fur the program or already in ap- eration> and nTay he provided ar funded by outer federal, Mate, local, or pri- vate programs in accordance tivitll 4~ U.l3,G. 11d03b. This statute provides Chat a recipient may use funds from any source, including city outer Fed- eral source {but excluding the specific Statutory subtitle ii'ont which ~+C 2A CFR Ch, V (4-i-09 Editlan) funds a1~e provided), as well as l3tate, local, and private sources, prnvidcd that Rinds frara the other source are not Statutorily prohibftet3 to Ue nsecl as a matali. (2) Llnly sarvives that are provided after tine exeatttion of site grant agree- ment may count toward the tnatcdT. (S) Tt is the responsibility of the re- ripient to ensure that any foods or services used to Satisfy the matching requirements of this section are eligi- ble unclar the laws governing the funds or Services to be aced as rnatahiug funds or serviaHrt for a grant awarcleci raider this program. (b) AvcailraUititp tv 1zar4ie4y~anis. Recilzl- ents Trust give reasonable asstu'ances that euppgrtive services will be avail- able to participants for Lhe entire term of the rental assistance. The value of the services provided to a participant, however, does not have to equal the amount of renl;al assistance provided that participant, nor does the value have to ire equal to the atnaunt of rent- al assistance o1r a year-tv-year basis. (r,) (;c~dcTt.unt4ng the value of scepport4ve s~~rices. Tn oalaulatirtg the amount of the matalting supportive services, ap- plicants may coasts: (1) i3alaxies paid to Staff of the reeirii- aTtt to provide Supportive services to t3+C participants; (2) The value of supportive services provided say other persons ax organiza- tions to ~+C participants; . (3) The value of tune and services contributed by volullteers at site i~S.te of ~lo,pU an hattr, HXCept for donated professlona] sexwicas which Tray be wuntod at the austamary charge for site service plbvided (professional Serv- ices are services ordinarily pex'formed by clesnors for payment, such as the Services of health profossioTtals, that are equivalent to the services shay pro- vide in their occupations); (4) Tho value of any lease an a build- ing used for the provision of Supportive Services, provided the value included in the match is no more shalt the prorated share aced far the program; and (S)'1'he coat of otttreaah activities, as described i1t §bfi~.325(a) of this part. [58 F1L 13992, Mar. lb, 1993, ne amended at 73 P'Ft 76335, Dec, li. 2aae1 Z42 OtC. of Asst. Secy., Comm. Planning, ~?avetop., NUD # 688.116 Limitations an aanietanae. (a) Currerat ocr~cprtnts. Current occu- pants of the real pxoperty are not sligi- ble for assistance undt~r this part. liow- flver, as desaribed in ~b82.83G, persons displaced as a dl~•ect result of aopulei- tlon, rehabilitation, or demolition for a proJoct under file s+C program are eli- gibla for and n;uat ]~e provided a'rsloca- 1;ton at;sistanae at Uniform iteloos.tinn Act levels, (b} Amn7(~n.t of (assisl(ance nrovtded ~vlth.- i~a (a furfsdtCGitr-t. IiUD will limit file aax-ount of assistance provided within the jurisdiction of any one unit of local government to no more tihan l0 percent of the amount avhilable. {a) 1.~'ulth-bred uctivitias. {1) Organiza- tions that are religious or faith-base(i are eligible, on the same heals as any other organization, to participate in the ,9+C program. Neither the federal government oar (a State or local gav- csrnment receiving hinds under s+C programs shall disarixninaL•e against an organization an the bawls of the vrgani- zatian'a religious aharaatpr or afflli- ation. ('Z} Organizations that are directly tllnded under the s+C program mass not engage in inherently religious activi- ties, tcuah as worship, religious instrua- tion, or proaslytization as part of ties programs or servtoes funded un(ler this part. If an organization oonduata such activities, Che activities ~nust be of- fered separately, in finis ar location, •from the programs or serviass funded under L'hla part, and participatioxl must kid voiunttu•y far the benefiatariea of t•#-e HUD-funded pragrarns or services, (3) A religious organization that par- ticipates in the s+C program will re- tain its independence from Pedernl, State, and local governments, and may continue to carry out its mission, in- cluding the definition, pretties and ex- pression of its religious beliefs, pro- vtcled that It doss not use direct s~C funds to support any inherently reli- gious activities, snob as worship, reli- gious instruction, or praselytization. AEnong other Ghings, faith rased orga- nizations may use space in their faoili- ties to provide S+C-funded services, without removing religious art, icons, scriptures, or other religious symbols. Tn addltiolr, an f3+C-#unded religious or- ganization retains its authority ,over $ 582,120 its internal ggvernance, and it anay re- Ualn religious terms in its organi,- tion's name, select its board members orl a rsligiolis baHifi, and include reli- gious refvrsnaes in it,5 organization's mission statements and oYdlsr g~v- erning documents. (9) An organization that participates in the Si-C program shall not, in pro- viding program asaists~,uce, (lisnrlmL- nate against a program benefiaiarv or prospective program beneficiary on the basis of religion or religious belief. (b)1f a State or laaal gnvernrnent vo1- untalily contributes its own fun(lfi to supplemenL• federally unded activities, the State or local government has the option to segregate the >s vderal funds nr cammiaigle them. Howevcr, if the 1-rx~ds arA commingled, this section ap- plies to all of the oammingled funds. (d) 1Vlataa~tenrance vl ellort. Na assist- ance received ender this part (or any ~3tats or local government funds used to supplement Chia assistanes) tnay be used to replsloe funds provided under any state or local government assist- anoe irograms previously used, or dea- ignated far use, to assist pe;t'song with disabilities, homeless per'sans, or llonleleas persons with disabilities, f.54 ii'R 13992, Mar. ]5, 1993, as amended set Qa P'R 58497. fiepC~ 30, 204,5] # 682.129 G'oneoliduted plan. (a) Apptlcants thrat u.re S`trctes o~' units a1 peraerasT ioc(ai pozrer7aytteaat. The appli- cant must have a IiUD-appravsd com- plete or abbreviated consolidated plan, fn aaoordance with 29 CPR part 91, and must submit a certification that the application for funding is canaiatent with the HUD-approved consolidated plan. Funded applicants must certify in a grant agreement that they are fol- lowin}f the HULf-approved oonsoIidated plan. If the applicant is a State, and the project will be located nz a unit of general local govezt.ment that is re- quiaeci to have, or has, a aontplete con- solidated plan, or Ghat to applying for :9hclter Plus Care assistanos under the same Natioe of FlYnd Availability (NOP'A) and will ltiave an abbreviated consolidated plan with respect to that application, the i3tate alga Toilet sub- mit a certification by the tlniL of gen- eral local government that the state's applioatian is consistent with the unit 243 ~~sz,2oo of g'enexal !acne! gavernment'a HUD-ap- 17roved aonsaiidatetl plan. (U) Aprptlca.nts thaat are cant Stc•tes or u~atts oI gBranrr~l Ioclat goveriantetaE. 3`he~ applicant must suUniit a certification Uy the jt7risdiation in which Ghe pra- posed project will Ue iocated that the jurisdiction is following' its HUD-ap- praved consolidated plan and the appli- (:Ai7t'a al-pllcatlon for fltnding is con- sistent with the jurisdiction's HUD-ag- proved consolidated plan. The certifi- c:tation moat Ua made by the unit of general local government or the ;3Gats^ in aoaortlatlee with the cansiatanay csr- tlriaation provisions of the aansaii- dated plan regulations, 24 CP'R part 9i, subpart F. (e) l~acidara tribes rend tide Insudcrr Arenas o/ Gtttwra, the U.S. Vlrpln Isla~tds, Amar•- lcatt Samna, rased ties Nnrthcrn Ivlurtaaara Isla~tcds. These orrGities are net required to have a aottsolidatsd plan or to make aansolidated plan certifications. An a,p- plica~tian Uy an Indian triUa or other appiiee,nt far a })rojecG that will Ue lo- c;a.ted an a reservation of an Indian trills will not require a certification Uy the Grille or the StaL'e. However, Wt7ere an Indian tribe is the applicant for a project that will eat Ue lac:aGed on a reservation, the requirement for. a caxL tification under paragraph (U) of this acetic!! will ti.pply, (d) Tlntdrag of coaasodtrdnEerl plena certiff- cratton srcbmfsslans. Unless otherwise set forth iTt the NOFA, the required certifi- aation that rife application for iLtntiiitg is oonsiRtsnt with the HUD-approved consolidated plan Winer 17e suhtxaitted I7y the fiinding• applicatiali submission deadline t~niiounced in the NOFA. (60 Fly 16679, Mar. 90, 1895] Subpart C-Application and Grant Award X682,200 Ap~iliaatian and grant award. (a) Reirtew. When iYtnds are wade available for ss~istanae, HUll will pub- lish anotice of fund svaila,bility in the FFDL+'itAT, R>y(~Tr3TTJtt in accordance with the requireixrenta of 24 CFR part 4. ,Ap- plications will be reviewed and screened in accordance with the g'uide- lines, ratil7g' criteria and llroaedures published in Ghe notice. 2a CFI ch. V (4.1-09 Editfan) (b) ~attiap r.~rlt~:r•ica. HUH will award funds based on the criteria apecifiad in section 455(x)(1) tl7t'augli {8) of the McKinney Ac:t (42 U.f4.C. 11903d(1)- 11403d(8)) and on Ghe !allowing criteria authorised by section 485{a}{D) of the MaKintiey AaG (42 TT.$.C, 11948d(9)): (i) The extent to which the applicant has demonstrated coordination with ether Federal, Mate, !coal, private and ether entitles servirtg^ homeless persons in the planning and npexation of rite project, Ga Ghe extant practloaUle; (2) F.actant to which Gha pro}eat tats gets 17an~oiess persons livi7lg in omer- g'ency sheiGet'a, supportive housl7xg for hotneleas pvrsans, or in places not rlc- signed for, or ardiiiaril.y used as, a r~g- ular sleeping accommodaGian .for liums,n beings; f3) Duality of the project; and (4) HxtsnG to which the ptbgratn will serve ltoxlteless parsons w11o are aeri- ausly mentally 111, have nhronlc alco- hol altd/or drug abuse lrrobletns, ur have AIDS and t~elatsd dlaeaass, (ApArovdd hY bite orrice Cf ManrtgemCrrt at7a1 I3udget ender uaiti^nl ituniher 2606-(IlIB? Cel FEi. 61170, i;ept. $0,1996) $ b8g.23© ~nv~lranmentxl roviaw. (a) Activities unclar Ghis part are suU- ject to HUD enviranrnental regulations in part 6$ of thus tiCle, excepC that HUD will perform an extvironrrietttai rsview in aoeordallos with pare b0 of this title pticr to its approval of any condi- tionally selected applications from PHAs for Fiscal Year 20DD and prior years for other than the SRO compo- nent. t`or aativitiss under a, grant to a PHA that generally vvottld Ue subfect to review under part 58, HUD tray make a finding in accordance with ~ 68.11(d) and Wray itself perform Ghe ellvit'onrnental review under the provisions of part 50 of Ghis title if Ghe raaipiant PHA oU- jerts !n writLiq to the responsible enti- ty's performing rite review under part 5a. Irrespeatlve of whether the respon- sible siltlt'y in accord with part GQ Eor HUlI itt accord with past 60) performs the environmental rsview, the recipi- eut shall supply all available, relevant information necessary far the respon- sible entity (or HUD, if applicable) to perform for each liropei•ty any environ- mental review required by L'his part. 24~ Ofc. of Asst. Secy., Comm. Pfanning, Aevefo~., HUD The i'aefplent also shall catn'y cyut miti- gating measures required by the re- ttpallsible er-tity (ar HUD, if applicable) or seletst alternate eligible Iroperty. HUD may eliminate #rom aoltsideratiott arty appliC;ation that would require an Environmental Impact i?]tatement (~zi~). (~} 7'he recipient, its pro3eot partners and their contractors may trot aopuire, rehabilitate, convert, lease, repair, dis- pose of, demollah, or oon$truat prop- erty for a pro3ect under tYtis part, or acmmit or expend F1UD ar laattl funds i'ox~ suah eligible aotivitiea under this part, until the responsible entity (E:,s defined in X59.2 of this title) has cnm- pleted the environmental review proce- dures required by part 58 and the envi- ronmental certifinatian anti RRUP` have been approved or l3UD has per- Formed an environmental xt~view uudar part b(i attcl the reriltient has raaeived HUD approval , of the property. HUD will 1wt relet~.se grant funds if the re- cipient or any other party commits grant 1lzntls (i.t:., incurs any costs or ex- pentiiturea to be pals or reimbursed with suah funds) before the recipient suklmits and HUD approves its RRUF (whore such submission is raquiretl). fc181[+'li, 681'utl, Sept. 29, 2009) Subpaf'~ D-Program Requirem®nts §(i$&.SUO General operation. {e,) Parlicilration of )wrneless ~d~tdiY:iti- ttttls. {1) Eaah recipient must provide for the oansultation and participation of not leas tha11 ana homeless indi- vidual or formerly homeless individual on the hoard of directors or other equivalent policy-making entity of the recipient, to the extent that the Entity considers and mattes policies and dooi- siona regarding any housing assisted under tltia Bart or services for ills par- tinipaalts. Th1~e requirement is waived if the applicant is unable to meet the re- quirenteltt and presents a ]Matt, which HUD approves, Co otherwise consult with homeless or formerly homeless iA- dividuals in acnaidel'inq and making such policies and dacitsicna. 1'articipr~ tiara by such an Lldividual who also is a participant under the program dose not constitute a conflict of interest under g582,39Q(t?) of this past. § 582.305 (Z) To the mRximutn exl;ent prac- ticable, each recipient must ixtvolve ltonlelasa itldividuals and families. through einployrnent, volunteer serv- ioos, or otherwise, in oonstructing ar rehabilitatinK housing assisted under this part attd ]n providing supportive services required under §b92.215 of this parC. (b) Ua.AOi~eg casseseme:at of houain~~ and sulslnortive services. Lath reoipietlt of as- aisL•ance moat conduct an ongoing as- aessmeitt of the ltouaing assistanaa and suppcrtivo aorviaes required by the par- ticipants, and malts ad}tastlnents as ap- propriate. (o) Adequctte strpnort4ve serulces. Each 1'aoipieltt must assure that adequate supportive services are available to pat•tiaipani~s in tlte, program. (d) Itecards taaxd reports. (1) >;ach ro- cipi8nt nntst keep any records ancl, within the timeframo required, make any reports (inaluding• thast- pal'tainixlg to race, ethnicity, gander, and dis- ability status data) that HUD may re- quire. (2) Eacit recipient must keep on file, and make available to the public on re- quest, a deacriptinn of the procedures used to selent sponsors under the SxtA aontponettt and buildings untlor the ~RU, 57EtA, and PRA componpnta. (~) Eaeh recipient must develop, and make available to ills pu1111c upon rc- c;uast, its procedures for rn~.nag•ing the t'ental ltausiltg assistanne frtnda pro- vided by HUD, At :t rninimuxn, suah procedures must tlesaribe haw units will be iderttiflecl and sslacted; hate the responsibility far inspeutians will be h~endled; the process i'or deciding which unit a participant will occupy; how participants will be plat'etl ill, Oz' R~- aisted in fiaiding ttppraprlate housing; how rent calculations will be made and the amount of rental assistance pay- ments determined; and what safeguards will be used to prevent the misuse of fun cls. (Approved by the O[fioo of Management sand Budget and®r oonL•rol nulnLor 2b08-Ollf1) [56 FR 1.9893, ivIar. 18, 1883, ~a amendatl at E{1 F$ 611fi1, Bept. 90, 1898] 4$$2,3pb .Cionaingg quality atandarcis; rant roasonablonass. (a) Hozasinp garalitgE siarulc~rds. Housing Resisted antler this part must meet the ~~~ §582.310 applicable houeixtg quality statldarda (liQi~) under §9x2.491 of this title-ax- eept that §082.AD1(j) of this title does not apply and inatuad part 35, aullparts .A, 73, I{ and R of this titlo apply-an A, for Fi1Z0 under §8R2.803(b) of this title. Before any assistance will be provided on laehalf of a participant, the recipi- ent, or another entity sating on behalf of the recipient {other than the owner of the housing), :mist phyaic;ally in- $paot each unit t;o assure that the unit insets the Hf~. Ausiatance wili naG be provided for units that fail to meet the HQ~, unless the ow.uar aorreats any cl©- ficienaies wiGllin 8(i days from the elate c)f the IeaaB tigx•esnlent and'the recipi- ent verifies that all deficiexlciea have boen corrected. Recipients must also inspect all ul~its at least annually dur- ing• the grant porlod to tonsure that the tlnits continuo to meat the Hfi~. (h) ILerat retrsn'nublensRS. HUD will only provide assistance Yor a unit for which the rent is reasonable. For TRA, PRA, and BRA, it is the responsibility of the recipient t;o cleteinnine whether the ~~ent charged for the unit receiving resntal assistance is reasonabls in rela- tion to rents being ahargcsd for aom- 1)arable unaKtsiated units, taking into aanaunt the loua.tian, aiae, Gype, qual- ity. amenities, facilities, and manage- tnent a:ld mailltflnaure oi' eauli unit, as wall as not in exoe~ss of rents currently being• oharit~ed by the sRxne owner for comparable unassisted unite, k`ar ;lRO, rex:ta are calculated ill ac:uorclanae with i'S6 1+'li. 19898, U4cir. lb, 1993, as amondecl a.t BI FiZ fiilzi. Sept. 30, 1998; 64 I'Ei. li0226, $opt. 15, 19897 ' 4588.AIQ Resident rent. (a) Antvacnt of rant. Eaall participant must pay rent in accordance, with saa- tion 2{a,){1} of the U.r~. Housing Aat of 1987 (42 1J.i4.C. 1487a(a)(1}), except that in determining the rent of & 1lerson oc- cupying all intermediate ts:c,re faailiL-y assisted under title XIX of the 9oriai S3ecurity Act, the~grors incolne at Ghia peranil is the same as if the person were being ansistetl tender title XVl of the ~Soaial lSeaurity Act, (b) Cakultatl~c.p Income. (1) Income of participants must be calculated in ac- cordanee with 29 CFR S.B()9 and 24 Ck'R 6.611(a). 2~ CFR Ch. V (4-1-Oq Editipn) (2) Recsilrients rnuxt examine apar- tioipant'a inaume initially, and at least annually thereafter, to dettsrmints the amount of rant payaUle Uy the partici- pant. Adjustments to a participant's rental payment must Ue rnacle as nFC- essary. (3) As tz uunditiun at participation in the program, each participant must agrees to supply the infarmat;ion or dac- umAntation necessary to verif~r the partioipanii's income. Participants moat provide the recipient information at any time regarding uhsllges in in- uom® ar other airuuxnstanuea that may result in ahangcss to a partioipant'a rontal payment. C>16 lr~ fi~2b, Jan. 19, 2[1017 X662„ilb Uotsnpancy,agreements. (a) lttitlad acriuroancy a~reemsnt. Psr- tfaipants moat enter into afl noatipancSy a~,n•eement .for a term of at least one month. The oaoupancy agrsenlent .tnttst 1~e automatically renewable upon expi- ration, except an prior nbtic© by eithor party. (b) 7"srans of uinecrosxat. In addition to aGe.ndard lease provisions, rho oaau- pancy agreement may also inaludo a provision rcquixiaag Ilia participant to talcs part in the sulaportilre set•viaes provided through the program as a con- dition of oontillued occupancy. ~ 582.824 Termi~latinn of assistance to parfdaipanta. {a) Tsrml~ut6ln:1 of assista~tce. The re- cipient may terminate assistance to a participtt•xtt who violates program rm- quirolnenta or conditions of ocoupanay. :Recipients must exercise judgtnent and examine all exteiluatiag aircurnstances in doterlnfning when viaiations are se- rious enough to warrant termination, so that a participant's asslstftnce it terminated only in the most savors cases. Recipients are not prailibited from reamning assistance to a partici- pant whose assistance has been Lerml- nated. {b) Due process. Tn term111ating• assist- ance Lfl a participant, the recipient must ;provide a formal process tha,L• rec- ognirsa the rights of individuals 1•ecely- ing assistance to due process of law. This process, at a minimum, must aon- aist of. 24B Olc. of Assf. Secy., Comm. pfanMng, Develop., HUb (1) Written notice to the pai•tic:ipant containing• a riear statement of the reasons for termination; (2) A review of the decision, in which the participant is given the oppor- tunity Co present written or oral ob]ec- Lians beforH a person other than the person (or. a Rubordinate of that person) who made or approved the termination decision; and .~(3) PrompL• written notice of the final dc~aision to the participant. #882.828 outrcu.:h activiti~ss, Recipients must use their best efforts to Rnsuro that alig'ible hard-to-reach persons are served by S+C. Recipients art; exiieoted to make sustained efforts to engage eligible persons so that they may t)e brought into the program. Outer reach should be lsi•iniarily directed to- ward eligible persons who have a night- time residence that is an einerge~iay shelter ar a public or private place not tlasitCx:.ed for, or ordinarily treed as, a regular slovl)ing acaammadation for hu:nau beings (t:.p., persnons living in cars, r>treeta, and parks). Outreach ac- tivities are aansideied to be a sup- portive service, and th$ vnlus of such activities that occur after the exoau- tion of the grant agreement may be in- cluiied 111 maetiu~' the matching re- ytiireinsnt. fi 882.SS4 I~londiaorimination and equal opportunity rcgwirwuentA. (a) Cxe:ierad. Recipients may establish a preference as part ni' their admisuiona procedures far one or more of the statutorily targeted populations (i.e., seriously mentally ill, alcohol or snb- stnnae abusers. or persons with AIDS and related diseases). Howovvr, other eligible disabled homeless persons must be considered for housing de- signed for the target IJOpulatlwi unless the recipient can demonstrate that tdlei'e is sufiYoiellt deniand by tits tax•- get population for the units, a1)d other eligible disabled homeless persons would oat benefit from Lhe primary supportive services pz'avfded. 0)) Gompllunce w1E11 rtsryuirevne:~ats. tl} In addition to the nondiscrimination and. etfual aplanrtnnlty reciuiremellts set Perth in 24 CFR Hart 6, recipients serving a designated population of § 582.330 homeless persons must, within thH dea- ignatHd population, comply with the lxioliitritions against dlaariminatia)i against handica,gped individuals under asotion 563 of the Rehabilitation Act of 1973 (29 U.Q.C. 7€}4) and iml)iementing' reg'ulaGions at 41 GFR a{hapter 80?41. ('L} Tht3 nandiacriminatfon and squat opportunity requiremellts yet fartlt i~.t part 5 of this title are modified as fol- lows: (i) T]:e Tntlian Civil Rights Art (26 U.B.C. 1381 et Serl.) applies to tribes when they exercise their pawei•s of seli'- govBrninent, and to iliAy vrhen estal)- lished by the eaerci.ss of such pawors. When an 1HA is established under Seats law, the applicability of t>at) In- clian Civil RightH .Act will he doter- xnflled on a case••bycase bn,sia, Pre]aats sub3o¢t to the Indian Givil Rights Act must be dovalopotl and operated fn compliant:e with its provis[ona a.ntl a]] implementing HUD isquirsmsnts, in- s~tead of title VI and the Fair Hausii~g Aat Fiattl tltieir implementing xegul~ bona. (ii) [Reserved] (c) Ajjt~wrtntia~i outrencFa. (l) if the pro- codures that the i•eoipient intends to use to melee known the availability of L-ho progre,tn era unlileely to reach per- sons of any ptertiaular race, color, reli- g'ioit, sex, ago, national origin, familial status, ar handicap who may qualify for absistaa:oe, the recipient must es- tablish ttdditioiial proaoduies that will ensure that iiltsrssted persons can ol)- t~tin iuforrnation concerning'ths assi~t- anoe. (Z) The recipient must adoyt pracs- tlures to make available information ou the existence acid looatians of fa~ili- ties and serviooa that are accessible to persons with a itandioap and maintain evidence of implementation of the pro- aedurs$, (d) The accessibility requirements, reasonaUle modification, O,nd accom- fnadation requll•ements of the Pair Housing Act and of section 504 of the Ii:ehabilitation Act of 1373, as amended. [bt3 FIi. 18882, NIi6r. ib, 188, &s ainsndetl at 61 1+'Ii~ 5810, FuU. 9. 10At<] 247 § 582.335 ~d82.995 llisplacemcnk, ralnaukion, and real property saquisition. (a} M4~tiaaaiziaag d~dslalcwcanent. Can- aist©nt with the other goals and ob~ea- tives of this part, reoipiettts moat as- sure that they have taken all reaaon- pble steps W tninimize the ciisplaae- ment of perbnns tPamilisa, individuals, bnslnessea, nonprofit organizations, anti fat'ms} as a result of supportive housing assisted under this part. (b) Itelocattoat asafstaaace far displaced persoaas. A displaced pet'son (defined in paragraph {fj of this section) must tae provided relocation assistance at the levels described in, and in accordanoe with, the re~uixetnents of the Uniform Reloaatfon Assistance atttl Real Prop- erty Acquisition Policies Aat of 1870 (URA} (48 U.Q.C. 4841--46K5) and implQ- ntenting~ regals.tions at 49 CPR part 29. {e) Recall ~nraperGp aequtsittan, requkre- rneaats. 'Phe acquisition of real property i'or supportive housing is subject to the UI~A and the requiremextts described in 48 C1rR part 29, subpart 13. (d) IZesponsibid#Cp tsf recip4eraf.. (1} Tha recipient must certify (t.e., provide as- suranae of compliance) that iG will comply With the U.It,A, the regalationa at 48 Cl+'lZ part 24, and rho requiremeztts .of this section, anti must ensure suoh oamplianao notwithstanding any third party's cantraatual obli~~ation to tlts recipient to comply with these provi- sions. (2) The asst of recluircd relaaation a~~t- sisttutce fe an eligible pt•o}oat cost in the same manner and to the samo ex- tent as ether projsat casts. iSatah costa also may be paid for with ]anal publio hinds or fltncls available from other sources. (~) The rec:il~ient moat maintain records in sui'ficient detail to dem- onet:'ate camplianae with provisions of this aeetinx. (e) Appeuts. A person who disagrees with the reoipient's datermittati+an aoit- cerning whether the person qualifies as a "displaced person," or the amount of relocation assistance for -vhiah the per- son la eligible, ntay Pile a waKtten ap- peal of that determination with the ;'e- cipient. A low~inaome person Who is dissatisfied with the recipient's detar- mfnaL•ion on hiFS or her appeal may sub- mit awritten request far review of that deterntinaGion to the FiU77 field office. 24 CFR Ch. V (d-1-09 Edll~on) (f) DL~J3niE£aaa a1• d4spzared person.. (1) For Xsurposes oP this. creation, the term "4lsplaaad pex'aau" means a psrsou (family, individual, business, nonprofit organization, or farm) that moves from real grol~erty, or moves parraonal rnrap- erty ik'om rieal property permanently as a direst re>ault of acquisition, rehabill- tation, ar d8malitiotl fox supportive pausing projeaG assisted tinder Chits part. '1'ha term "diRplaaad person" in- alucles, lout tnay not be limited to: (i) A person that moves permanently from the real pa•aperty attar the prop- et~y atvner (or p8raan in aontral of the site) i~suos a vacate natioe ar refuses to renew an expiring lease, if the move ouaurs an or after: (A} The date that the recipient sub- mits to IiUD an apPllcatian for assisG- ance Ghat is lacer approved and funded, if the recipient hen aantrol oi' rho project sits; or {13) The date that the c•aripient ob- taitts aontral of rho praieat aito, if attah control is obtainsci after the submis- sion of the applioatloa to HU13. (ii) Any peraan, including a l~orsan who moves lietot'e rho date described in paragraph (f)(i)(i) of this creation, ii the raoipiettt or HUD deteimtinett tltal; the dlapl.ac:ernont resulted clirsotly Prom ac- quisition., rehabilitation, or demolition far the assisted project. {111) A retreat-oacsupant of a, dwelling unit who mouse permanently from the buildinglcomplex on or after the date of L-he "initiation of negotiations" {sea paragraph (g) of this ssetian) if tits move ~ocanra bcfor8 the tisnant has been provided written notice offering hitn ox' bor. the nl}pAY'turiity to lases and ocr copy a suitable, dos:ent, safe and sani- tary dwelling 1n the same builcling•1 canxplex, unds3r reasonable Carats and conditions, upon oompletion of the project. Susah reasonable forma and conditions must include a ~nattt}aly rant and estirnatsacl average monthly utility costs that do not exceed the grater nf: (A) The tenant's monthly rent hefnc~s the initiation of negotiationq anti eSti- mated average .utility a«st$, or (B) 3Q percent of gross household in- come. Tf the initial rent is at or user the maximum, there must he a reason- able basis for concluding at the time 248 Ofc. of A&sf. Secy., Camnn. Planning, Develop., MLiD tl;e pro3eat is initiate(1 that iLlture rent fntrteases will lte modest. (iv) A tenant oaf a +iweiling who i8 re- quired to relocate temporarily, trot close slat return to alts buildinglc(rtn- lrlex, if either: (A) A tenant is nUt offered payment for all rea.YOnairle out-of-pocket ex- pense$ i1;aRrrC1~ #11 a0nXk84Ciatx wit11 tI'18 temporary Pel(r(eatian, Or (13) Other conditions of rite tem- lrorary,relacatinil axe nvt reasonable. (v) A t(rnant of a dwelling who moves Front the buildingloomplHx perma- ntintly after he ar alts lies l~esn re- qu'ired Ltr move to another unit in the sa:ne »tiildingroatxtplox, if either: (A) The tenant is oat offered raim- burssinent for all reasonable out-of- paalc(rt cxp(rnsess incurred in connection with the move; ot• • (B) Other conditions of the tnov~ are not reasonable. (~) Natwttl;st(indittg the provisions of paragraph (f){l) of this :section, a por- a+on does not qualify as a "displaae(1 person" (arid is not eligible for roloca- tion assistance under the URA oz tltis section), if: (1) The person has hssn evicted far se- rious or repeated violation of the forms attd conditions 'af tiro lease or ocafa- lran(sy al~tsetncnt, violation of appiioa- bls Federal, Mate, or local or tribal law, or other good cause, and kiUD de- termUte+t that tl;e eviction was itot urt- dertaken for rite purpose of evading the obligation to provide rslooation assist- ance; (ii) The person movod into tl;e prop- erty after. the stibntission of the apgli- eation and, bofore si~,*nirtg a loose and cotxisneucing• ocuupansy, was provided wxitten notice of the pro)eot, its pas- sible impact on the person (e.g., the psrrson rna.Y be displaced, temporarily t+elooatad, or suffer a rent increase) and the fact that the person would not tiualify as a "displaced person" (or far any assistance provided tinder this aec- tion}, if the pro)ect is approved; {ii!) The person is ineligible under 4D Ck'R 24.8(8)(2), or (iv) IiUD determines that the person was not• displaced as R direct resrtlt of acquisition, reltaltilitatlon, or demoli- tion for the pro,~eat. (3) The r'eaipiettt may request, at any tams, IiUB's deterntinattoit of whetlter § 5f32.34q a ltiatplaaentH;;t is nr would be covered under Chis section. (g•) De+fltttttnn~ of anttiatinn or negotia- ttnnx. For purposes ai' determining the farxnula for aontputirtg rite ralrlacemsnt housin8 assistance to be provided to a re~riidential tenant dtsplaosd as a threat result of privately undortaken rehalrili- tation, dsntolition, or acquisition of Ghe real property, the term "initiation of ttegptiations" means the execution of the a~•reement between the recipient and H17D, or selection of the pi`ofect site, if later. #652840 ~tlurr Federal requirementrr, In addition to the Federal require- ntents set forth in 24 CFR part 5, the following requirements apply to this program: (a) nMt3 Circtcla~rs.Y (1) The ltoliaies, guidelines, and reciuiremettts of OMB Circular No. A-87 (Gnat 1?rinoiples Ap- plirable to Gxattts, Cnntrttctg noel Outer Agreements with (3t[~te and :C.ocal C(av- erttments) attd 24 CFN, part 8G apply to the nCCeptattce and use of assistance under. rite progx~arxi by govetvmental .entities, attd OMB Circular Nos. A •li0 (Cirauts noel Cooper(i.tive Agr+remxnts with InsL•fttttions of Higher Education, Hospitals, and Other Nonprofit Organi- zatians) and 24 CFR part 84 an(1 A 122 (Case l'rinoiples Applicable to p~ratrts, Contracts and Other Agrsemeni;s with Nonprofit Institutioits} apply to the ac- ceptanae and uae of assistance by pri- vate xtanprofit organizations, except whore inconsiatsnt with provisions of the McKinney Aet, C+ther !rH(leral stat- utea, or tltis hart. (2) Ths finflnofal .management sys- tems txssd Uy recipients tUnder this pro- gram must provide for audits in ac- cordanca with rite previsions of 84 CFR part 94, l~rivats nanpi~Pii: organiza- tiane who are subreCipients are suU)eat to the uudit requirements of 29 CFR part alb. HUD may perform or esquire additional audits as it finds necessat•y or appropriate. (b) Coarlict of interest. (1) In addition to the conflict of interest rsquiretnents 1 (Jopies of UMB CS-•enlars may Ue obtained front .P.A.k'. 1'ublleatioprr. room 22aa, New Ex- eauL•ive Offioo Builstln~, Wturltingt~tt, AC aaaaa, telephone cza8) Sa~r7332. (Thifi 1rr not w toll-Free number,} Thore is a limit of two freo ropiefr. ~~~ § 5B2,a00 in a9 CP1Z part 86, ntx parson who is an employes, agent, consultant, officer, or sleeted or altpointad official of the ra- cipient and who exercises or hays exer- cised any functions or responsibilities with respect to assisted activities, or who is in a position to izarticilrate in a deaisiotarrtals:in[~ process or gain h5side information with regard to snob activi- ties, may obtain a personal ar financial intei'sst or benefit fY'om the aotivity, ar have an interest in any contract, [tuU- contrac:t, nr ag'raement with respect thereto, w the proceeds thereunder, ei- ther for himself or herself or for those with whom lxe or she bees family or business 1;ies, dux~,ng his ar her tenors or 1'01' ono year thereafter, Partlcipar tlon by homeless individuate who also are participants antler rite program in policy or [iecisianmaking under i3632.3Q0 of this part dose not aonstitttta a con- flict of interest. (2) Upon the wri.ttan request of the rcuipiettt, HUD may grant an exotsptiott to the provisions of paragz'aph (b)(1} of this sCCtion nn a [:ase•lty-ease beetle when it deterTnino that the exception ~dll serve to further the pUxTOSOS of the program and the ei'feetive and eff~- eient administa~ation of the recipient's lt1'o~oct. An exception may lte consid- ored only after. the recipient has pro- vitied the following: (i) Por i3ta.tes, units of general local governments, ~'FIAs Arid IHAs, A disclo- sure of the nature bf t11D OonfilCt, ao- companisd by azt assurance that there hoe been public disclosure of the aozt- fiiat and a ciescrlptian of how the pub- lia disclosure was made; azt[i (11) Per all recipients, an opinion of the recipient's attorney that the lntsr- ost for which the excseptian 15 sought would not violate Mate or local law. (3) Irt detet~rttinilzg v~•lzetltar to grant a requested exceptions e,fter the recipient has satisfactorily met tits requfzoment of paragraph (l))(2) of this section, HUU will consider the ouxttulativo sffeat of the following factors, where applicable: (i) Whether the exception would pro- vide asignificant cost belteflt or an es- sential degree of expertise to the pro~eet which would otherwise not lte available; (ii) Whether the person affected is a member of a group or class of elig'lble persons and rite exception wi11 permit 24 CFR Ch. V (4-t-09 Edlttvn) such person to receive generally the seine interests oL' benefits ax4 are being made avsiltible or provide[1 to thQ group or class; (iii) Whether the affected person has withdrawn from iris or her functions or responsibilities, or the decisioztntauing prooess~ with respect to the specific aa- sisted activity in question; (iv) Whether the interest or benefit was presetlt before the affected person was in a position as described in pttra- graph (b)(1J of this sactian; {v) Whether undue hardship will re- sult either to the recipient oz the per- son affected wlton weighed against the public interest served by avoiding the prohibited conflict; and {vi) At1y other relevant ooltsider- ations. i59 1!'lt 13x92, Mar, 56, 5893, eas amen~ieti at 31 FR S21U, Fob. 9, 1893; 31 1~'Ft 51171, F3ept, 3U. 1996; 62 FR 13589, Mtn'. 91, 1997] Subpart E-Adm~nistratton ~ 6A~.4p© Grant agreetueni~ (a) C~enernl. The graxlt agreement wtll be between HUB and the reoi}~ient. HUD will hold Ghe recipient responsible Yor the overall adtitinistration of the program, inoludiltg' overseeiz>g any sub- reoipi[3nts or contras3tvrs, Under the grant agreement-, the recipient must agree to operate the progz'am in [-t:- cordanoe with the provlaione of this part and outer Applics,ble HUD regula- tions. (h) E~rarorcemcrrt. HUD will enforce the obllgat1o11fs in Ghe grant ag'rasment through snob action as tnay be nec- essary, including recapturing assiat- anoe awar[led under the program, &8.408 Program chtsrxgee. (a) Changes. HUD nitres approve, its wrltir-g, any significnnt changes to an App[°oved program. >~igztificant changes that require approval iinchtde, but are not limited to, a vhange its sponsor , a cltanR'e in the project site for ~R4 or PItA, with rehabilitation p1'olects, and a cltattge in the Lyme of persons with disabilities to he served. Depending on the nature of tits change, HUD may re- quire anew certification of consistency with the CHATS (see $biti2.120). 250 Ofc. of Asst. Secy., Camm. Planning, Devalap., HUD §583.1 {l~) A~roi:al. Appirovai for suoli <;hanges is contingent upon the applica- tion ranking rernaiiiing• high enough to have i;~een aoml7etitively selected £qr Funding in the year tl~e application was selec:ted. X882.414 Obligation And deoliligntion of Fantle. (s,) OblipaE4on oIIYr,~.fls. Wham HUD and the applioant exocute a graait ag~reo- m.ent, HUD will obligate funds to aovar the amount of the approved grant. Tlio reoipient will be expeoted to carry out the activities as proposed in the appli- cation. After the initial abiigatian of funds, HUD is under no obligation Go snake any upwnrd revisions to the gr:~nt amount for any approved assist- fl.noe. (b) AeobdtpaCSon,. iI) HVD may daobligate all or a portion of the ag- groved grant amount if such amount i,s not expenctQd in a timely manner, or tho proposed housing for which Minding wttis approvod or Gho supportive services proposed in the application are not pro- vided in accvrdanoe with the approved ttppliaation, t11e reciuire:nents o£ thus part, find other apgliaabla IIUD r8gu1~ tious. The grant ag'roement may set tortli other airaumstancos under which funds nay be deeblig~ate8, and other sanctions may he unposed. (2) HUD niay xaadvertiAe, iu a notice of fund availability, the availability of funds thtit have been deobligated, or rosy reconsider applioations Ghat were submitted in response to the mast re- cently published natica of fund avail- ahillty and select application:; for fund- ln8• with Gha deobligated minds, Suah seleotiona wottltl be made in aoaordance with the saleatioii process deziaribed in §b82.220 of this part. Any seloctions tnrLde using cleohligated funds will be sui~jeot to applicable appropriation act requirements governing the ueo of cleobligatod funding authority. (Approved by Ghe UffiCe of I4Innagement and Audget antler cmitrol nunibar 250fi~•O1I8) 231 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 Single Limit 1. Commercial Form 2. Premises -Operations 3. Products) Completed Operations Hazard 4. Contractual 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. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right} must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. The name of the project must be listed under "Description of Operations" At a minimum, a 30-day written notice of cancellation, non-renewal, material change, or termination is required. B. If the Certificate of Insurance on its face does not show on its face the existence of the 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 5TATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § Date: d Affiant: ~~~,,,..l-t,r ,~~t ~ Continuum of Care Grant Subrecipient Affiant, on oath, swears the following statements are true: I, ~a~ ~,~~,~_~_ , am the ~G~.e scr7_~~v+~ .(/:.~ec.T~.• (ti#le) of G'_ ~,~,~•.. ~ ,/% ~ .~ , 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 subrecipientorganization ("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, 8, 24, 35, 45, 84, 85, 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 l understand the Subrecipient's obligations of performance underthe rules and regulations. Furthermore, acknowledge that there may be additional Federal rules and regulations, beyond the rules and regulations listed above, to which the Subrecipient may be subject to and with which the Subrecipient must comply, in accordance with Federal laws. Signed: WORN TO AND SUBSCRIBED before me this the day of t , 2010. . ~ `~. ~ ~ ~ /`I seal Nota ublic, State of T d~~pY P~~y ~,.~ u~~., LAURISA LYNN BAKCIIC s~: .,~'; Notary Public, State of Texas = ' :b My Commission Expires _•~•~'~~o~je;~' March 09, 2011 ~~ SUPPLIER NUMBER ..~.. .._.. TO BE ASSIGNED BY CITY `° PURCHASING DIVISION City of Corpus Christi EXHIBIT D CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. if the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certification and definitions. / / ~ COMPANY NAME: ~L ,.~- /.' a ~,N~~~ ~ P. O. Box: ~' ,~_ STREET ADDRESS: ,5~(!/ a[~~3 7 CITY: 'ZIP: ~~ FIRM,fS: 1. Corporation ^ 2. Partnership ^ 3. Sole Owner ^ 4. Association ^ 5. Other [~ If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Nam Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interesk" constituting 3% or more of the ownership in the above named "firm." N~/~ Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee IJI,~ 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 1 of 2 ~~,,,, City Of Exhibit E ~~1 carpus Chrls~i ~w CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit with this a Standard Form-11, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that ail 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. - Sign _~~. ~~~~ Print Name o Authorized Individual 4 4 Dat Organization Name